4 100 439 https://digital.lib.buffalo.edu/files/original/3c168ca1066eae7e253764898d104e9c.pdf 3481b01064620b70d6a98db51bac23cc PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 4 Opinion State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 October 26,1978 Public Held Meeting On Bill of Rights by Alan Beckoff resourcefulness of the people, regulation, and judicial review "We are in the midst of a have made the American system judicial retreat from the" spirit of flexible. Ironically, the Supreme the Warren Court. What started Court, ''the most unout as a philosophical retreat may representative, least democratic become a substantive one." branch, would come to be a conSo said Henry Steele tinual constitutional convention." Commager, the noted constitutional historian, in his The due process clause of the opening address last Monday for a 14th amendment has been 7week-long symposium on the replaced by the equal protection future of the Bill of Rights. clause as "the center of gravity" Panelists at grade referendum. I. to r.: Dean Headrick, Prof. Konefsky, Commager, who is Simpson of liberalism, Commager said. Assoc. Dean Carrel. Lecturer in History at Amherst "The application of equal College in Massachusetts, made his protection promises to be the speech to more than 300 people major point of future problems of in the Moot Courtroom. The social justice." He emphasized he conference was presented by the was speaking not of equal laws, Citizens' Forum and was but of equal protection of the sponsored by various legal and law. Citing the examples of New civic organizations, as well as by by Paul Bumbalo system has been in effect since to create new ones. "There is no the law school. York Times reporter Myron 1969 when it replaced a numerical perfect system," the Dean pointed Commager cited some Fa.rbcr and Attorney General An open meeting was jointly grading system. There are many out, "there is always some defect instances in which rulings by the Griffin Bell, Commager said, "A sponsored by Dean Headrick and problems with the present grading present, depending on one's Burger Court have watered down reporter who will not obey a the Student Bar 'Association on method. Employers who do not perspective." the advances made by its court order to produce documents According to Canfield's October 17 to inform the student have much contact with the "The Warren Court (for a murder trial) can languish in body of the issues raised by the school find it confusing. Another pyscho-sociological view, "highly predecessor. (in Brown v. Board of Ed.) said jail. An attorney general who Academic Policy and common complaint is that the Q competitive schemes are that separate was inherently not contumaciously refuses to obey a Programming Committee's range, which encompasses counter-productive to intellectual equal. Is it okay now to dispense federal court order to produce proposed grading changes. A approximately 70 per cent of growth." Konefsky is also in favor Brown? Can we dispense documents (for a suit against the with distinguished panel consisted of grades received, is overly broad of keeping the status quo, though with Miranda? Have advances in government by the Socialist Dean Thomas Headrick, Associate and does not provide sufficient he would prefer a more radical criminal justice been made?" he Workers Party) even more vital to Deans William Greiner and Alan feedback to students and pass/fail grading system. asked. In 1972, "capital justice can persist in his employers. Allan In prospective Carrel, Assistant Dean To Greiner, a major problem is punishment was suspended contumacy for over a year Canfield, Professor Fred addition, it creates an attitude of "maintaining the integrity of the because it was used against without inviting either dismissal Konefsky, and third year student mediocrity among those students grading system." D's and F's stick blacks," but the same court or impeachment." Kathie Drumm. The panelists receiving many of them. out on a student record, acting as reinstated it in 1976, Commager He also noted that while sellers proposed purpose The of the it is presented their views before a major penalty because pointed out. "Are courts of marijuana are subject to 10 to grading changes is to eliminate or "crystal clear" what they approximately 80 students. colorblind overnight?" 20 years in prison in some states, The present H,Q,D,F grading diminish these problems and not represent. Likewise, the receipt of The professor began his talk cigarette manufacturers are an H carries a "high reward" with a brief historical sketch. "honored members of society because it is easy to figure out "The rigidity of the Constitution who sit on boards of trustees and that it represents the top grade. A was an illusion," he said, claiming on whom universities gladly Q, on the other hand, means that amendment, custom, continued on page S by John Stainthorp questions, comments, and stories "different things to different Greiner, According to It is 9:30 p.m. on a Thursday of mistreatment at the hands of people." evening. A small group of students the criminal justice system the übiquity of the Q is gathered around an instructor. continue. Shortly before 10 p.m.r (approximately 70 per cent of the They are discussing whether race the class ends and the students are grades doled out) may create or poverty is the most important given evaluation forms to write within the student a feeling of factor in assuring injustice in down their comments and mediocrity because of the Q's criminal cases. The instructor, a criticisms on the class and the nondescript nature. As a result of these perceived white lawyer, thinks it is poverty written materials. Most of the Greiner made several problems, enthusiastic, comments are were charged and says that if he APPC in the spring of proposals the instructor to with a crime he would much though one suggests to rectify the designed 1978, answer questions rich black than a would not to be a prefer reasoned, since Greiner pinned he was situation. poor white. The students, mostly directly unless black, disagree and point out that down. Everyone thinks the class the majority of the faculty any black person coming to trial was useful, but says less material members informally apply Q+ and in Erie County will almost always should have been covered and 0- classifications, formal face an all white jury from the more time should have been spent implementation of these practices suburbs,,which will bring its deep, on each topic. Covering the whole would facilitate recognition of the though sometimes subtle, racism of criminal procedure in three above average student and identification of the less than into the courtroom. The hours/s quite a feat. student. Later, Greiner course people average black do The scene of this instant instructor agrees, not get a fair trial, but neither, he in criminal justice is a community advocated the adoption of an A, points out, do poor whites. center on the east side of Buffalo. B+, B, B-, Pass/Fail system ruling Everyone agrees on that and the The event is the first class of the out any possibility of a ranking discussion moves on to a, fall session of the Buffalo system. Reconsidering his position, description of how a trial is Community Law School (CLS). Greiner has since retreated to a community The students are conducted. The class has lasted over two residents who have no particular less radical position. Possible analysis of the and a half hours and the formal education, but who want proposals: hard Distinguished legal historian Henry Steele Commager opening Bill of -continued on page 8 -continued on page 8 instructor is exhausted, but the Rights Assembly, speaking about Equal Protection. Grades Are Topic Of Forum As Proposals Are Discussed Guild Helps Community �Vol. 19, No. 4 Guest Opinion Oct. 26,1978 Ford Pinto Issues Illuminated Editor-in-Chief Jason Poliner Managing Editor Randi Chavis News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Alan Beckoff, Steve Blumberg, Bill Brooks, Paul Bumbalo, Mike Buskus, Maria Colfcvi.to, Carol Gardner, Jay Marlin. ' Contributors: Tim Cashmore, Stuart Gelberg, Melanie Pierson, Kevin Powers, Bob Siegel, John Stainthorp. Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the. Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of. Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo Editorial Making The Grade On Monday and Tuesday, October 30 and 31, students will have the opportunity to express their views regarding the proposed change in the grading system. The importance of this referendum cannot be overstated. Opinion hopes all students will take the time to vote in this referendum. Take advantage of the material which the SBA has put on reserve and study the various proposals. There are undoubtedly problems with the present H, Q, D, F system. Employers are often baffled and do not know how to compare Buffalo students with students of other law schools. Students who receive, Q+'s on their exams receive only Q's on their transcripts; The system clearly presents some motivational problems. Changing the system to one which would greater differentiate students would surely benefit those at the top of the class in seeking employment. Some may argue, such a system is fairer than the present system in that grades would more clearly mirror performance. Such a system would, however, increase competition and make the plight of the first year student even more dismal. This law school has prided itself on creating an academic environment which maximizes learning and minimizes "cutthroat competition." Should we alter our academic environment in order to better facilitate potential employers' ability to evaluate us? Is the increase in competition too high a price to pay for a more conventional grading system? Whatever conclusions you reach, it is essential that every student make his or her preference known. The administration has stated that our opinion will have a bearing on the final determination. We must forego the opportunity to influence the decision making process. It is our future which will ultimately be at stake. . ,'m STGAT.N& Om "ftP^T.W ■'..•• / X , Last week's Opinion noted the indictment of the Ford Motor Company caused by defective Pintos. The writer raised some tough questions about the proper punishment for corporate crimes. When the media recently reported the sensational indictment, I recalled the conviction of General Electric in 1961 for antitrust violations, which led to fines and 30-day jail sentences for some of its officers. Then, as now, the legal community discussed the policy issues raised by corporate crimes, but they remain unresolved. Criminal penalties aim at coercionand deterrence. In this instance Ford is to be forced to reduce the risk of injury to those who are still driving the old Pinto and to deter all auto manufacturers from failing to comply with safety regulations designed to protect the public. In my view, the target for criminal sanctions should be the individual who is actually guilty of the prohibited act or omission. However, the complex organizational structure and decentralization of large corporations makes it difficult to identify the guilty individuals and to establish their liability. This difficulty seems to be the major justification for imposing criminal responsibility on the corporation itself. Obviously, neither a death penalty nor imprisonment are feasible penalties for a corporate entity. On the other hand, the burden of a fine falls ■ on shareholders who have not participated in the criminal act (and often become shareholders after the criminal violations take place but before they are ' uncovered). The separation of ownership, management and operations so characteristic of the supercorps, Billionaire and .Millionaire corporations,' explafhs why Opinion October 26 probationary sentence, might permit the corporation to resume declarations of dividends only at the end of a probation period of, say, two to five years during which no further violations of criminal law have taken place. Whether these and other proposals are to be accepted or will achieve any deterrent effect on our "megacorporations" and "multimillion corporations" remains to be seen. However, whether criminal liability of minicorporations can be justified is questionable. The individual guilty of criminal conduct in such a corporation is easily identified. To penalize him and the corporation seems not only rather unfair but does not further the goals of criminal law. The prosperity of publicly-held corporations becomes more and more important as their importance in the welfare and economic health of our society increases. The "me- gacorporations" as well as the multimillion corporate organizations which conduct the nation'sbusiness should be viewed as quasi-public institutions; their impact on our lives is enormous. In the seventies government agencies and public interest groups play a greater role than ever before in exerting pressure on corporate performance. Our large corporations realize more and more that their institutions must display good citizenship while they properly pursue profitability. The complexity of the policy issues involved in penalizing a corporate entity and identifying those truly responsible for their activities suggest that in attempting to reform the sanctions against corporate misconduct, we must also keep in mind the public interest. One way to do this is to impose a broad fiduciary duty upon the management of large enterprises. This duty will call for supervision, control, exercise of judgment, and affirmative action for the public interest in areas to be' characterized as touching the public interest. True, Lord Thurlow did not discover either soul or body in any corporation's anatomy. Yet, after the recognition of the changing social ro|e of our large corporations and the imposition...pf new fiduciary duties on their managers, we may one day discover that corporations have acquired a heart... Michael A. Schaeftler Associate Professor ofLaw Correction The letter to the editor affirmative action, represents the appearing in the Oct. 12, 1978 viewpoint of the National shareholders lack the means lo issue of the Opinion, written by Lawyers Guild, UB Law School prevent misconduct by corporate Charmaine Bissell and Gene Chapter, and not necessarily those officers and employees. On the Krause on the subject of the UB f the authors. other hand, one might argue that Law School's position on o one among the- many risks an investor takes in buying corporate stocks is the likelihood that the corporation may be fined. To the Editor: discussions. I welcome students Shareholders are neither who are interested in learning personally indicted nor convicted My name is Won Jo Kirn and I Korean or Japanese through the and thus no. stigma is attached to am a visiting law professor. My discussion of jurisprudence. I am them. In addition, their liability is specialty is administrative law and grateful to all the faculty and staff limited to their investment. I also lecture on tax law at my of this university who have One may wonder why should Law College, Kyungpook National afforded me kindness and help. I we not convict controlling University, Daegu, Korea, which think this is a good opportunity shareholders/owners who elect or has a sisterhood relationship with to research Anglo-American law, re-elect directors who they know ÜB. In addition to teaching, I comparing it with a Continental will formulate business policies participate as a leading memberof law system. I am really enjoying and, goals without concern to the the Korean Law the campus life here and I am Constitutional criminal means by which such Association, Korean Public Law learning much. Thank you. goals are to be met. Perhaps one Association, Korean should be sufficiently bold to Environmental Law Association, Won Jo Kirn an of these make analogy Korean Law Professors owner/shareholders to the Association, Korean Public German industrialists convicted Administration Association, and for War crimes in the Nuremberg Japan Tax Jurisprudence trials? Association. The justification for criminal am interested in discussion on liability of the endocratic theI issues of jurisprudence. My corporation rests to a large degree office, Room 722,0'Brian Hall, is on the assumed deterrent effect of always open to you for such sanctions on the conduct of corporate agents. To make this deterrence realistic a small fine has. at most symbolic significance "Stealing from one source is plagiarism. it is argued that pecuniary Stealingfrom many is research." a should be based on penalties -John Minzer Korean Prof Opens Door - - 2 percentage of assets, capital or taxable income. While individual shareholders are usually powerless to change corporate conduct, they can sell their shares. The likelihood of a drastic fall in the price of the company's stock as a result of a huge fine may put sufficient pressure on the board, management and, in turn, on the lower level officials to conduct the corporate business in compliance with law. Other penalties should be considered. What the death penalty is to the individual is basically what the mandatory dissolution would be to the corporation. Evidently, such a penalty could be used only in exceptional cases as the public interest represented by employee and consumer needs will usually militate against this drastic step. Conditional dissolution or probation may provide alternative sanctions. The terms of a - Quote of the Bi-Week �Rosenthal Petitions School To Add Entertainment ! To the Editor: growing field which Buffalo, as the only division of SONY having I am currently circulating a a law school, should not be petition within the law school. It overlooking. There is a definite requests that the administration desire among the student body to add a course in the field of see such a course offered. Entertainment Law to the course Thank you. offerings. Entertainment Law is a fast MichaelC. Rosenthal Treasurer Thanks All To the Editor: insure that the student voice will be heard on all faculty-student I would like to tahnk all committees on which I serve, and students for their support in the continue to represent student recent SBA run-off election for interests in any situation treasurer. As treasurer, I intend to concerning the law school fulfill the administrative duties of administration. the office to the best of my ability. As the student Charmaine Bissell representative, I will continue to I do*')- ««re «i</e if fo US a it scAi**f>hrcnjc / amifoiracy Name Class: Committee (APPC) will make a report to the full faculty on the possibility of a change in the grading system. I believe it is important for both the APPC and the faculty to know what student opinion is on the issue. I don't think the APPC or the faculty should act before student opinion is determined. It is not only important that we vote but it is critical that we cast informed votes. This is why SBA sponsored the open meeting, circulated extensive memoranda, posted articles and put on library reserve information concerning the various proposals. I hope everyone has taken advantage of this information but if you have not I urge you to do so before next Monday and Tuesday, October 30 and 31. At the time I write this it is our plan to put a ballot in everyone's mailbox. We've decided on this Policy by Tony Leavy October 30 and 31 I will take an ethics course if offered next spring. /te/ic+met-t ! f Cast Ballots On Grading Referendum there will be no ethics course next spring. You may sign up by filling out the form below and returning it to the Opinion office. Do not sign up more than once. For further information, leave a message for Ann Herman or Dennis Harkawik in thestudent mailboxes. ETHICS FORM ! ~Di*+ sfi II efowi'-l President's Corner Ethics Sign-up Form Dean Headrick has agreed to reinstate a 1 or 2 credit pass/fail ethics course in the spring if there is sufficient student interest. Tentatively, the course will be structured as follows: each student taking the course will be assigned to a discussion group of approximately 10 students. A series of ethics problems will be distributed. Each student will be responsible for leading class discussion on one of these problems as well as participating in other class discussions. Any student interested in this program must sign up before November 1. Unless a large number of students will commit themselves to taking this course, Sin\jts*»\ are important days for the law school. On these days the SBA will hold a referendum on the various proposals to change 1 our H-Q grading system. We are doing this now because Dean Headrick has indicated to me that on or about November Ist the Academic Planning and procedure so everyone will be able to take the time to carefully evaluate and study the various options. Actual voting procedure will be identical to that of past elections a ballot box in front of the library. I want to take this opportunity to thank the following SBA directors for their work on the referendum: Sherm Kerner, Dave Guy, Leslie Wolffe and Michelle Silver. - Shorts The SBA sponsored basketball league has started. There are about 60-65 law students playing. Major thanks goes to John Batt for organizing the league. We now have regular office hours. Please check the SBA door for the schedule and feel free to stop in. Our telephone number is on your student I .D. card. to/fen 1979 Books Are Here! All 1979 & ] 980 Graduates Who Have Paid OR Wish To Pay Their $100 Deposit May Pick Up Their 1979 New York Volumes. 2nd Year Reps Are: Tim Cashmore RandiChavis Gary B.Cohen Claire Fay Martha Krisel 759-6246 837-0572 836-4805 694-2678 838-6876 Gladys LaForge Ricky Samuel Jeff Serether Mike Shapiro KenTurek 636 4037 689-7572 691-3093 835-2058 692-6532 October 26 Opinion 3 �Public Interest Law Law School Goes Hollywood Score another first for our law school. We are about to invade the world of television. Henry Simon and Professor Marshall Breger are co-hosts of "With Justice For All: The Need For Public Interest Law." Date: October 28; Time: 4:00 P.M.; Place: WNED-TV (channel 17). The broadcast, taped during the recent Model Public Interest Law Conference at WNED's studios, features nine of the most distinguished participants of the Conference. According to producer Simon, a television newsman before entering law school, "It's exciting, lively programming. The production values graphics, camera use, set design are of network standards. In fact, we hope to interest PBS in making network use of it." Professor Breger suggests that "the program will be of special interest to anyone who attended the conference. And if you didn't attend, that's all the more reason to watch. In any event, *t certainly is a TV first." Whatever the future television use of the program, Dean Headrick is considering ways of making the hour-long program available on videotape cassettes to law schools, bar associations, and other educational organizations. Nine guests in one hour? — Proposition 13. Thursday, November 2, 8:00 p.m., Woldman Theatre, 112 Norton Hall, Amherst Campus (in Capen/Norton Complex, above the cafeteria). Free. Sponsored by Office of Cultural Affairs. BALSA Holds Law Day The Black American Law Student Association (8.A.L.5.A.) will be sponsoring Minority Law Day on Saturday, October 18, 1978 at SUNY at Buffalo School of Law, John Lord O'Brian Hall, Amherst Campus, from 11:30 a.m. to 4:00 p.m. The agenda includes such speakers as Rev. Bennett Smith of — Operation P.U.S.H., Charles Fisher 111, President of 8.U.1.L.D. organization, and City Court Judge Samuel Green and others. Two buses will be leaving from the Main Street Campus,, Squire Hall to the Amherst Campus at 11:20 a.m. and 11:30 a.m. Any questions call 636-2163 or 838-6327. Permit Needed To Study Dean Headrick Breger and Simon discuss TV debut. roll tape without Tom Ehrlich. Chesterfield Smith and Alexander Forger were getting edgy about catching planes. So we went ahead. Five minutes into the discussion, the studio floor manager walked onto the set. I thought she was stoned or I was hallucinating. It turned out that Ehrlich had just arrived at the station. We popped him into his chair, hooked the mike on his tie, and ten seconds later we were rolling again." Whether you're a tube freak or a public interest devotee or just want something to tease Simon and Breger about, here's a chance. Posner was educated at Yale "The bottom line," says Breger, and Harvard Law School where he "is that we did it." was the President of the Harvard Law Review. He clerked for Mr. Justice Brcnnan of the Supreme Court of the United States. He by Stuart Gelberg served as an assistant to Philip Elman, Commissioner of the Federal Trade Commission, and The sth Annual Washington worked for two years in the office International Law Weekend held of the Solicitor General. He has October 13 and 14 was a been a Professor of Law at the tremendous success. This feeling University of Chicago since 1969 was shared by its organizers who and has recently been named to saw it as the largest weekend ever the Lee and Brena Freeman chair. and by the participants" who Posner has been a Research benefited both educationally and Associate of the National Bureau by making valuable contacts in of Economic Research since 1971 the international law field. and is the editor of the Journal of The event was co-sponsored by Legal Studies. the Washington Regional Council On Friday, November 3 at of International Law, of which 11:00 AM, Professor Posner will the International Law Society hold a discussion hour for here at Buffalo is a member, the reaction to his major address. Law Student Division and the Faculty and students are invited Section of International Law of (room 210). the American Bar Association. The Weekend's purpose was to expose opportunities in the field of InternationalLaw. Every,-effort was made to encourage participants in the pursuit of their interest in this exciting field but the limited number of positions was made painfully clear. Schools across the country, from as far away as San Francisco, attended. One hundred and ninety-five students representing over twenty law schools made this Weekend the most successful in its short history. From a humble beginning in 1973 with only 50 students attending, the Weekend Professor Posner has become a well organized Simon replies, "It was damn near impossible, but I think we brought it off. Each guest had his say and then some. By using three segments we used three guests at a time. Logistically, it was tough to host. But the air product should be worth the worry. I guess the weirdest moment was when wo decided to Richard A. Posner is the Lee and Brena Freeman Professor of Law at the University of Chicago Law School and the principal proponent of the application of economic analysis to the explanation of the operation of the legal system. In less than a decade, Posner hasauthored more than 70 articles in legal and economic journals and six books, one of which, Economic Analysis of Law, has been the most controversial piece of legal scholarship of its time. Posner has authored leading articles in fields as diverse as Antitrust, Regulated Industries, Contract Law, Torts, Civil Procedure, Administrative Law, Civil Rights and Equal Protection, Communications Law, Health Insurance, Water Law, Advertising, Trust-Investment Law, Bankruptcy, Restitution, and has recently extended his interests to legal and economic intellectual history. Posner will make two public presentations here at Buffalo. On November 1, 1978 he will present the Mitchell Lecture entitled ''Privacy, Secrecy, and Reputation" in which he will extend the techniques of economics to an analysis of the human desires of seclusion and will consider the implications of legal definitions of an individual's right to privacy. On November 2, 1978 Posner will present a paper at the Law and Economics Workshop entitled "Utilitarianism: Economics and Legal Theory." Opinion Heilbroner To Lecture The annual James Fenton Lecture will be given this year by the prominent economist and writer, Robert L. Heilbroner. "Facing Our Economic Future: Inflation, Taxes, Survival" will address issues of legal concern, such as the implications of Posner To Deliver Mitchell Lecture 4 LAW SCHOOL BRIEFS October 26 A method has been worked out for students to study in O'Brian Hall in second floor classrooms for the hours 5-11:00 p.m. Saturday nights and 8-1:00 p.m. Sunday mornings. These are times when the library is not normally open. Students who wish to be in the building during those hours may avoid difficulties with security personnel by presenting a special permit letter from granting permission for the student to use the building during those hours. Students who need letters may see Cleo in Room 319. It is hoped that this method will increase study time and spaces for law students and enable the police to secure the building as they are required and obligated to do. Allan L. Canfield Guild Holds Potluck Dinner The next meeting of the National Lawyers Guild will be a potluck dinner at 49 Minnesota on Sunday, November 5 at 5 p.m.. The topic of discussion will be the question of Human Rights in socialist countries and what the Lawyers Guild position should be on this issue. Leading the .. discussion will be Dan O'Donnell, a guild member who recently returned from Geneva where he worked, for a year with the United Nations Commission on Human Rights. Everyone is invited to bring some food and attend the meeting. Int'l Law Weekend A Success program of visitations, workshops, lectures and banquets. Buffalo was represented by Steven Schurkman and Stuart Gelberg. After registration at George Washington University, the first day of the weekend was occupied by visitations. Groups of approximately ten people visited three locations in the District. These included international organizations, private law firms and government departments concerned with international relations or trade. The discussions at each of these visitations centered around the criteria used by each location in their hiring practices. The officials and practitioners related their own experiences in breaking into the international law job market. Questions were encouraged and proved helpful for individual situations. During the course of a visit to a highly respected, staid and WASPish private law firm, a question was raised as to their minority hiring practices. After an embarassing silence, the partner admitted to having hired Jews and Catholics. The first evening's reception in honor of Senator Mathias was held without the guest of honor. In the Senate's effort to adjourn, extraordinary sessions were held precluding the Senator from attending. The Senator's absence was the only disappointment of the Weekend. The second day of the Weekend commenced with a tour of Capitol Hill or a workshop on Research Methods and Resources in International Law held in the Library of Congress. These were followed by a luncheon at Georgetown Law Center. A panel discussion by representatives of government, American private industry and multinational corporations on the topic of Transborder Data Barriers: Privacy Protection Laws and International Trade followed. Before a windup of the Weekend at a banquet, there was a convenient break for the participants to watch the fourth game of the World Series. Due to rain delay, dinner was held until after the game. For those wishing to start or further their interest in International Law, there is an International Law Symposium on the topic of Tensions between National Sovereignty and Global Environmental Needs at Albany Law School November 10 and 11. Those interested in attending or in information regarding international law or the International Law Society here in Buffalo should contact Larry Cohen or Stuart Gelberg through their student mailboxes. �N.Y. Practice Text Indispensable For The Bar by Mike Buskus foi particular areas of law (e.g., EPTL, UCC, SCPA) are included. Similarly, related aspects of the Professor David D. Siegel of Judiciary Law and the Domestic Albany Law School has written a Relations Law are given adequate hornbook entitled New York consideration. Practice. This text, published in The initial chapters address 1978 by West Publishing threshold questions such as the Company, provides one-volume proper forum, statute of treatise coverage to all aspects of limitations, jurisdiction and civil practice in New York. venue. Subsequent chapters give Siegel, a veteran teacher of extended treatment to pleadings, New York Practice and theauthor judgments, appeals as well as the of many of the Practice mechanics of handling a lawsuit Commentaries in McKinney's from" its inception to a final CPLR, writes in his preface that appeal. he "tried to address every topic Stylistically, New York from the point of view of both Practice resembles a traditional the patient peruser and the hornbook. Nevertheless, Siegel has hurried consulter." ruthlessly edited his text and The book is outlined topically footnotes to eliminate irrelevant so it roughly corresponds with the citations. Thus, the attempt to standard casebook on New York exhaustively "collect" cases, a Practice [ Peterfreund, Foundation notion popularized in Prosser's Press]. In format, the text Torts hornbook, is notably resembles Wright's Federal Courts, absent. This is probably a good except insofar as it details idea, since many readers of the technical practice elements book will refer to this source for a peculiar to New York, such as general overview rather than as Calendar Practice and Motion the last word on any particular Practice. In substance, Siegel's topic. book is almost exclusively Readability of this text is devoted to New York State law, enhanced by the fluid writing with occasional comparisons and style and approach utilized by contrasts with federal practice. Siegel. Instead of merely Although this volume largely regurgitating an endless stream of represents a textbook treatment procedural rules, he has blended of the CPLR, numerous references them into a satisfying analytical to specialized statutory material framework. His treatment of long-arm jurisdiction is a good example of Siegel's approach to procedural law. He begins with a - discussion of the classic cases in the field, and details the apparent problems with this jurisdictional approach. He then updates this topic by a complete treatment of the statutory modifications to this problem area. He explains how the distrubing case of Feather v. McLucas prompted anamendment to New York's long-arm statute. While some areas of the text, such as the jurisdictional treatment, seem directed at The stage lights come on, red and amber. Thunderous applause subsides as the eight piece band takes its place on stage and launches an instrumental version of "My Back Pages." As the lyrics "... ah, but I was so much older then, I'm younger than that now ..." flow through the minds of the audience, Bob Dylan walks onstage, to a standing ovation. This is the stuff of which legends are made. At Memorial Auditorium, Dylan showed only flashes of his magical ability to involve the audience emotionally in the music. Unlike his previous tours, however, Dylan did communicate with the audience above and beyond just singing the lyrics and encouraged people to come near the stage. As an interesting commentary on the times, the audience no longer responds loudly to Dylan's statement that "... even the president of the United States sometimes has to stand naked," as audiences did on Dylan's last post-Watergate tour. Instead, audience response registered highest for the lament in "Like a Rolling Stone" when Dylan asks "How does it feel, to ' be on your own, with no direction home, a complete unknown, like a rolling stone?" A legend, whose name once sold out entire stadiums in a few hours, played to a three-quarters capacity crowd. The audience in Memorial Auditorium did not show the same enthusiasm as the audience in Syracuse, a concert also attended by this reviewer. In Syracuse, the concert sold out in four days. Despite the absence of sustained magic (as expected of a modern American folk-hero), Dylan's performance showed a great deal of growth in the complexity of his music. Old standards like1 "Maggie's Farm," "It's Alright, Ma," "It's All Over Now, Baby Blue" and "Just Like a Woman" have been reworked. The new versions reflect the complexity of the new band, which consists of a rhythm guitarist, lead guitarist, bass guitarist, keyboard player, drummer, percussionist, .axophone/flutist, Moot Court Team Competes winners of last year's Desmond Moot Court competition. The law school's National The Nationals problem involves Moot Court team will travel to the validity of a Federal Trade Boston next week to compete in Commission rulemaking the regional round of the national proceeding and a hypothetical competition. Th& competition, rule prohibiting the advertising of sponsored by the Association of sugared cereals during children's the Bar of the City of New York, television programs. The team has will culminate in late January in written a brief supporting the F.T.C. position but k, preparing to New York. Claude Joerg, Mike Buskusand argue both sides of the issue. Gary Alan DeWaal will represent Practice oral rounds, with faculty the school. The three were and Moot Court Board members selected to compete by the Moot sitting as judges, are being held Court Board early in the semester. this week to give the team Buskus and DeWaal were the experience in arguing the case. by Tim Cashmore technicalities of civil practice in this state. The book's usefulness is immeasurably enhanced by the excellent index, complete table of ■ statutes and comprehensive table of cases. 1 Siegel's book is destined to become a best seller. Already, rumor has ft some students in New York Practice last semester who relied extensively on this book- received Honors grades without ever opening the casebook. Whether or not that rumor is true, the book is probably indispensable for preparing for the bar. Spring Course Offerings Chosen; Stealing And Conflicts Featured by Bill Brooks It's getting around that time of year when we start thinking about our courses for the next term. Everyone anticipates the tentative course listing by the Registrar. As a service to the student body, Opinion has obtained a list of some of the courses being offered next term. These courses reflect a willingness to depart from the teachings of the "traditional" law school curriculum. Dylan Reveals Yet Another Side by Melanie Pierson students, other portions of the hornbook appear to be aimed at practitioners. This is especially evident in the discussion of apportionment of fault and the aftermath of Dole v. Dow Chemical Co. This portion of the text is particularly illuminating for its lucid treatment of the mechanics of apportioning fault, the role of insurance and the effects of settlement by other tortfeasors. Siegel's New York Practice is obviously a much needed book. In 1000 pages this text covers in incredible detail the vagaries and mandolin/violinist and three female backup vocalists. The band members all have considerable talent and were allowed solo time to display their abilities. The harmonies and the blending of instruments; as well as the flow of the music, bore the unmistakable mark of Dylan's control. The growth in complexity of the music becomes evident when the simplicity of Dylan and his acoustic guitar, rendering "Tangled Up in Blue" is compared to the version rendered by the present eleven piece ensemble. The entire evening, with one exception, saw Bob Dylan with an electric guitar. (The single departure into an acoustic performance was when Dylan played "It Ain't Me, Babe," and extended version that included a harmonica solo with the Dylan trademark around-ttie-neck harmonica.) Dylan's whole image was more on the side of rock n' roll than ever before. In reworking his old songs, though, Dylan experimented with a variety of musical styles rock n' roll, gospel, country western, disco, latin and segments that sounded like jazz. Yet all of these reworked songs were done in the style of Bob Dylan. He mixed old songs with songs from his new album "Street Legal," and closed with an ending as symbolic as the opening, a new version of "Forever Young." The audience, which varied from men with thinning hair to high school girls, was moved in varying degrees by the performance. Those who had come to hear a raspy voice and an acoustic guitar were disappointed. Those who had come to hear the growth of Bob Dylan's music (and to judge for themselves the merits of "Street Legal,") were delighted. — - Al Katz. This exicting seminar, taught two years ago, is being revived. However, the school hopes the outbreak of thievery that occurred two years ago in the school's lockers will not occur as it did after the students read How to Pick a Lock. The course itself will begin by studying the careers of Maury Wills and Lou Brock. Embezzlement will be discussed, suggested readings to include How to Buy a World Series with Embezzled Funds by George you know who. Other areas of law will also be discussed. Readings include On the Road with a Safecracker by Charles Kuralt and Them and Us: Criminals and Their Stealing Lawyers. - Jan Lindgrcn. preliminary and permanent, will be the primary Remedies Injunctions, focus of the course. However, other topics Will also be discussed. The class will study 42 U.S.C.§ 1983 and learn how it can be used to harass rednecks, policemen <md other people who never heard of the Bill of Rights. Aspirin, Bufferin, or Tylenol, the advantages of each. Relief for the allergy sufferers will also be discussed. What to take the morning after the annual section three blow-out. How to avoid manic depression when Lindgren hands back the first draft of the first writing assignment. Judicial Review, Superheroes and Other Fictitious People Konefsky Before judicial review existed there had to be laws. The impact of law has not been limited to the classroom or the courtroom, but has spilled over to literature and other forms of art and entertainment. This course will look at such a carry-over. Why were the villains that - - Superman captured always Sometimes these laws may conflict. This course will not focus on any of this. Instead it will look at other conflict of laws. The law of averages tells us that sooner or later an object is going to go up. The law of gravity tells us otherwise. Is this universal metaphysical dilemma irreconcilable? And what of Birzon's law and Ausfresser's law? The former states, "Any class that can be taught, can be taught at 8:30," while the latter declares, "Any class that can be taught at 8:30 should be taught at 1:30." For the Thursday afternoon basketball players we'll look at Bender's law: Any lay-up that can be shot, can be missed. Finally this course will look at the classic conflict of law in Bell v. Buskis. Resolution of Judicial Conflict. How do judges, particularly those on the Supreme Court, decide cases? How much do they rely on precedent? Are they influenced by social policy? Is the doctrine of Abstention still viable? One commentator thinks not: "After reading some of the opinions of the Burger Court, it sure looks to me like some of the guys drink." This course will also look at the new method of judicial resolution established by justice Rhenquist, the "Full Moon" theory. This was first promulgated in State v?Hard Luck Jones when the Justice declared, On Its face, the facts of this case certainly appear identical to the facts of a Warren Court decision in which the Court unanimously overturned the conviction of a defendant. However, this is not the case. Unlike the previous case, in this instance a full moon was present, thus altering the earth's tides, the earth's balance etc. A whole new concept of criminal responsibility comes into play. We thus overturn the decision of the Court of Appeals and affirm the conviction of the defendant. successful on their habeas corpus petitions? The use of Article 78 proceedings by the Joker and other arch-enemies of Batman. What recourse did Fred Flintstone have when he received an unfair This theory is very similar to the speeding ticket? How did the Biorhythm method of judicial Court of Appeals handle Maurice determination also expounded by Nadjari's conviction of Topcat for Rhenquist: "Counsel to the a bookkeeping operation? Law defense argues that the facts of school media guru Al Katz will this case are identical to tnat of give a guest lecture entitled Mapp v. Ohio. However, counsel "Kojack and the Fourth and the Court of Appeals didn't Amendment." take into account the biorhythms Conflict of Law. The federal of the individual defendants, government makes laws. The which were substantially states have their own laws. different. October 26 Opinion 5 �Culinary Counsel Pumpkin, Apples And Squash Grace Harvest Table With the exception of the soup recipe, the pumpkin referred to in each recipe is cooked pumpkin. This can be obtained by going to the local store and buying the canned variety or by cooking fresh pumpkin as follows: Wash and cut the pumpkin in 154 cups boiling water, salted 1 teaspoon salt 1 egg yolk, beaten 3 cups milk, scalded black pepper to taste 1 pinch cloves 'A teaspoon nutmeg 54 cup heavy cream Old Fashioned Pumpkin Pie/ from Maria Colavito 2 eggs, slightly beaten 54 Ib. pumpkin 1/3 cup sugar % teaspoon salt 5/8 teaspoon cinnamon 3/8 teaspoon ginger 1/8 teaspoon cloves 1/8 teaspoon nutmeg 2/3 cup evaporated milk (small can) 54 cup molasses croutons half, crosswise. Remove the seeds and strings. Place it in a pan, shell In a heavy covered pot, cook side up, and bake at 325 degrees for 1 hour or more, until it begins the pumpkin gently in the boiling to fall apart. Scrape the pulp from salted water, until tender, about 1 Editor's note: Culinary Counsel's the shell and put through a ricer next column will be devoted to or strainer. A one pound can of something which will help to ward pumpkin equals about 2 cups. off the chilling effects of winter soups. If you have a favorite Apple Crisp/ from recipe or two, please share them John Henry Schlegel with us. Drop them off in the (serves six) envelope outside the Opinion 6 cups sliced apples (about 6 office, room 623. Copy should be apples) typed, 70 characters to a line, 1 tablespoon lemon juice double spaced. 'A cup flour or oat flakes or oatmeal by Paul Suozzi Vi cup or more brown sugar 54 teaspoon cinnamon October is one of my favorite Vi cup butter or margarine months, a time when there is so much to enjoy. Indian summer Place sliced apples in buttered gives us a brief respite before the baking dish. Sprinkle with lemon blowing winds bring winter's chill. juice. Mix flour or oatflakes, The prospect of seeing the sugar, cinnamon and butter until Yankees win a World Series is ever crumbly. Sprinkle over fruit and hour. It is then pressed through a Preheat oven to 375 degrees. present (something their fans are bake at 350 degrees for 30-45 sieve. The beaten yolk is added In a large mixing bowl, again becoming accustomed to). minutes or until apples are tender. and the mixture is stirred into hot combine eggs and pumpkin. Add Another sure sign of the time is Serve with whipped cream or ice scalded milk, and seasoned lightly sugar, salt and spices. Stir in the the changing of the foliage to cream. with fresh ground black pepper, evaporated milk and molasses and oranges, reds and golds. For Maple Apple Crisp, use cloves and nutmeg. blend. Pour into a pastry shell and It is the time of the last maple sugar or syrup instead of Croutons are prepared by bake on a cookie sheet 40-45 browning little squares of rye or minutes or until a knife stuck in 2 harvest, when apples, pumpkins brown sugar. and winter squash are available to wheat bread in a skillet with inches from the edge comes out satisfy the appetite and delight Pumpkin Soup plenty of butter. Hot Pumpkin clean. the palate. Following are some 1 small pumpkin (about 4 cups Soup is poured into a large tureen recipes which will help you enjoy fresh pumpkin cut into 1 inch and garnished with whipped Pumpkin Bread/ from Maria Colavito the fruits of the season. cubes) cream and croutons. 3-1/3 cups sifted all'purpose flour 2 teaspoons baking soda Vi teaspoon baking powder 2 cups boiling water V/i teaspoons salt by Kevin Powers seeds crushed or to taste Coat the bottom of a heavy 1 teaspoon cinnamon 2 cloves garlic crushed It is autumn, and one's saucepan with a thin layer of olive 1 teaspoon pumpkin pie spice 1 teaspoon oregano oil. Add the onion and cook until thoughts naturally turn to 1 Ib. pumpkin salt and freshly ground pepper translucent. Add the garlic and summer fun and speculation on cup water 2/3 to taste how the Yankees did what they rice. Cook until the rice is opaque. cup soft shortening 2/3 enough olive oil to coat the Do not let the garlic brown. Add did this season. Invariably, my 2-2/3 cups sugar meat the water and bouillion cubes all thoughts include Ace Gerahian. 2 eggs enough red wine to coat the at once. Cover and cook over a Ace owns a dry cleaning shop in Grease and flour two meat and form a marinade low heat for 17 minutes. Belmar, New Jersey. He played 9"x5"x3" loaf pans. Sift dry the juice and pulp of one semi-pro baseball in an age of Before Souvlaki and ingredients together (except lemon sandwiches made in the middle sugar). Mix the pumpkin and titans. A friend of Lou Gerhig and was Trim any fat from the meat eastern flat bread became popular, water in a bowl and put aside. In a Babe Ruth, he offered a contract to pitch for the Yankees and place it in a cast iron or I was feasting on them in Belmar. large bowl, mix the shortening, by Dan Topping, on their porcelain container which has a sugar and eggs. Beat at a high tight fitting cover. Add the spices Ace's Flat Bread Sandwich speed for three minutes. Stir in recommendation. Aco has four refrigerators; one and the oil. Mix well so the spices V/i lbs. very lean ground beef the flour mixture, alternating with I Vi teaspoons oregano for food the pumpkin mixture. Beat until three for Rheingold are evenly distributed. Cover and 2 cloves garlic finely minced smooth. Pour into pans and bake beer. In summers and autumns allow to marinate in the salt and freshly ground black at 350 degrees for 45 minutes. gone by, <\ce, his son Larry and I refrigerator for at least 4 hours or pepper to taste would sit on the front porch up to 24 hours. Turn the meat Pumpkin Cake/from shredded lettuce drinking beer, playing pinochle, occasionally. Marie Di Raimo flat bread drinking beer, talking baseball, Arrange the meat on skewers 2 cups pumpkin Mix the first four ingredients drinking beer, watching girls, and cook over charcoal or under a 2 cups sugar drinking beer and eating Ace's broiler. Baste with the marinade well and shape into marble-si/ed 4 eggs fantastic cooking, which was as needed. The meat should be balls. Fry the balls in a preheated, 3 cups flour, sifted always best when accompanied by pink on the inside when done. heavy pan. Shake the pan 2 teaspoons baking powder beer. You notice Ace doesn't go for frequently so the balls brown all 2 teaspoons soda Ace guarded the recipes for his mushroom caps, onions, peppers, over and cook evenly. Vi teaspoon cinnamon dishes jealously. Even his wife etc. As he points out, "They don't Cut the bread so it forms two !4 teaspoon salt didn't know how some of the get cooked right when you make halves with pockets. Put several 1 cup oil dishes were prepared. (Ace was a shish right." They can be added to meatballs in each half and top 8 ounces chocolate chips or chauvinist of sorts.) So, you see, it the pot and steamed in the left with lettuce. (Sometimes, when nuts or a combination of both was a very special day for me over marinade if you wish. He we had no bread, we would wrap (the chips are recommended) when he decided I could be always served rice with his shish, several meatballs in a large leafof Place the pumpkin in a large trusted enough to share some of using the following recipe. romaine lettuce and munch bowl. Add the sugar and eggs and his secrets. Following are two erf mix well. Sift'the dry ingredients away.) Please, whatever you do, don't together with the spices and add his specialties. 1 cup rice Ace's Shish Kebob talk about what I've told you if to the mixture. Add the oil and 1 small onion chopped you are ever in Belmar. I'm still chips and blend in. Pour into a 1 leg of lamb, boned and cut 1 small clove garlic minced trying to get Ace's recipe for greased tube pan. Bake at 350 into 1-1 'A" cubes olive oil degrees for 1 hour and 10 whole chicken bouillion cubes Manhattan Clam Chowder. 2 tablespoon coriander 1 minutes. Top with a sugar glaze or powdered sugar. Pumpkin Fritters/from Maria Colavito makes 1 54 dozen fritters 1 egg 14 cup sugar 54 teaspoon salt 154 cups pumpkin 1 cup flour 1 teaspoon baking powder % teaspoon baking soda — "Ace" Pitches Well In Kitchen Also 2 teaspoons pumpkin pie spice Vi teaspoon ginger 1 tablespoon melted margarine 1 teaspoon vanilla confectioners sugar Beat the eggs, i sugar and salt until very light and fluffy. Blend in the pumpkin. Sift the flour, powder and soda together. Beat into egg mixture. Add spices, margarine and vanilla and mix well. Drop by tablespoonsfull onto a well greased, hot griddle, or fry in deep hot fat, 14 teaspoon at a time. Be careful not to burn them! Sprinkle with confectioners sugar. Tastes best when served with fresh fish. Winter Squash Acorn, butternut and spaghetti squash can be prepared very simply. Cut the squash in half and remove the seeds and strings. In the cavity of each half place a tablespoon each of butter and honey, and a sprinkle of cinnamon. Place the squash in a shallow pan with a little water in the bottom and bake at 350 degrees for 45 minutes to an hour, or until tender. Serve in place of potatoes or vegetables. — . 6 Opinion October 26 UNIVERSITY PRESS , Fliers • Posters • Resumes • Stationery • Publications • Business Cards • Monday-Friday sp.m. 831-5572 10a.m. to PERSONAL SERVICE! �Short Relief Yankees Win Series As Class Conies Through by Maria Colavito Performing postmortems on the-World Series has always been a tricky business. If the teams involved appeared to be unevenly matched with one far superior to the other, you will have a hard time explaining either a win or a loss. People will say a win was inevitable because of the absence of real competition. This can hardly be satisfying for a fan who really wants to gloat a bit on behalf of his team. If the obviously superior team should lose (cf. New York Yankees v. Pittsburgh Pirates, 1961) the fan will be put in the awkward position of having to choose between an embarassed silence or a general assertion that the World Series is really no indication of overall excellence coming off an entire season of championship- ball played by both League winners. This is a good stopgap approach but it doesn't do you any good if you happen to be trying to gloat to these same people the following year after your team has won. On the other hand, if the teams are pretty evenly matched, everyone will tell you that it was purely a matter of luck that one team won and the other lost. In fact, under such circumstances people tend to revert to that old cliche, "Its too bad that there'has to be a loser at all; both teams are so good," in a seeming effort to explain'away the obvious. Because' the fact of the matter is, in baseball there always has to be a loser and except in rare circumstances it is usually crystal ability, they found Brian Doyle who, realizing that this was his big chance to impress the boss, played flawless defense and also provided clear just who that loser was (and the losing team and everyone else knows why). This year's losers key hits in several clutch were the Los Angeles Dodgers. situations. When the meat of the There are probably quite a few Yankee batting order failed to people (Steve Garvey at the head produce big hits, Yankee fans had of the list, followed by Tom no cause to worry because after LaSorda and others) who will all Doyle and Dent were still due spend the winter trying to figure to come up to bat. Who would out how it happened so fast. Or ever have imagined such a turn of how it happened at all. Because events back in May, or even in this was one of those series where September? everyone thought the teams were .' And when everyone was pretty evenly matched and it was trying to figure out how furiously going to be hard to pick a clear to juggle fate, TV contracts, and winner. Eastern Standard Time so that Position by position the Ron Guidry could pitch one more Dodgers and Yankees seemed to time, excellent performances by have equal strength (and there Jim Beattie and Catfish Hunter were those who even said that if proved more than enough to see you added the throwing power of the Yankees through the end of White, Rivers and Piniella together what might have been their most you couldn't match the arm of magic season ever. I use the term Reggie Smith alone). Well, as they magic because they have been have been doing all season, the breaking records all season not Yankees proved that all the the kind that you find in most skeptics were wrong. When crucial stat books, but the kind that games required that extra bit of reflect a team's real depth and talent in the outfield, it was determination. Any team that can Piniella who made the great plays come from 14 games back to win and Reggie Smith who let his arm its division, coming out on top in get the better of him and a hair-raising tie breaker game, overthrew the ball. then play, a series in the playoffs When the Yankees lost Willie which finally put Kansas City in Randolph, at the peak of his its place (even though it did break season's performance, it appeared little Freddie Patek's heart causing that they would have to go to him to bad mouth everyone from their bench and find someone his hometown fans to the who could just hang in there for American League umpires) the duration. Rather than coming deserves to go home for the up with someone who merely winter and relax in smug provided emergency defensive satisfaction. ■ ■ — - But despite what many people think about the ease of playing a game for a living, baseball affords its players no such luxury ycu have to keep winning to prove yourself. After losing thefirst two games in L.A. there was a lot of talk about how the Yankee performance during the latter part of the season had been too draining on the team. A Dodger sweep loomed large. Well, people in Boston knew better. So did people in Kansas City. And the people in Los Angeles now know too. What they know is that this team is a lot better than many people give it credit for. Even the NBC broadcast team was forced to say one or two good things about certain individuals in pinstripes during the course of the series, though it was obviously painful for them. Tom Seaver was left practically speechless by the performance of Graig Nettles in game three. Nettles was so impressive that there are reports that Geritol is pressuring Cindy Garvey to divorce Steve and marry Graig so that she can continue to say with a straight face in her commercials, "This hunk of man is my husband ..." (if anyone can say such a thing with a straight face that is). Garvey's lack of clutch hitting throughout the Series was a key factor for the Dodgers. Garvey can only be thankful that he doesn't have to stand up to the New York Press which blamed a similar lapse in Catfish Hunter's pitching performance a couple of years ago on the fact that he was — spending too much time making commercials. While few of us would argue with the fact that Garvey has become baseball's hottest pitchman, pushing everything from Geritol to TV dinners, this kind of argument really takes away from the excellent way in which Yankee pitchers handled Garvey and the other Dodger batters in key situations throughout the last five Series games. Clutch hitting may have been the real key to trie Series and may explain why a player like Bucky Dent, one of your most unlikely candidates going into the Series, emerged in the tradition of Bobby Richardson to win the Most Valuable Player award. The fact that Bucky won is also a kind of tribute to the rest of his team because there was no real standout star, no one player who wrapped up the Series for his teammates. It was a real team effort. The on-the-f-ield and off-the-field behavior of the Yankees proved a lot of things about the team to a lot of people. One of the things it proved was that the Yankees deserve the world championship. Another thing it proved was that despite being branded throughoul the v season as self-centered, overpaid prima donnas, the Yankees are talented-professionals who have a lot more class than their closest competitors exhibited throughout most of the playoff series and more than a lot of people believed they had. Of course, a lot of us already knew better. Student At The Bench or The Moot Court Experience by Bob Siegel Student At The Bench or The Moot Court Experience (To the tune of Casey at the Bat) But then came that November evening, and my nerves all turned to jell, Entering the Moot Court Room, I heard the people yell. Three straight days of argument, and public speaking isn 't my strength, I hope that I'm not asked any questions that require a It was a cold day in early October, but they came from far reply at length. and wide, Then I began my oration, my hand tightly clasping my just to receive the "problem," and then to choose a brief, Well my allotted lime finally ended and of course to my dismay, The judges called me over and said, "Listen, tomorrow's another day." And again murmers filled the gallery and the crowd started changing to a mob, But I told them not to worry none, for I knew what was my job. * "Your Honors, sir, I pray, I think, that my client deserves So I studied all night and Shepardized, and though I knew every reason why relief." And Desmond was the first to speak and asked, "Why do My client shouldbe given reliefand I was flying high. There wasn 't a question that existed that could stump me you plead as you do?" But I cCuldn 't come up with an answer, since my face was now, I knew I'd be able to make it, I knew I'd get thru a shadeofblue. And while the judge was patient and no one spoke at all, somehow. I couldn't regain my composure or find an answer to his So on that final day of preliminaries I stood with succeed, confidence and zest, Then everyone would listen to everything I said, everytime call. But I finally got my shit together and said "Your Honor, For I knew that I could pass even the judges' strongest J wouldplead. "side." And everyone listened intently and scribbled notes at pace, Trying to get the early jump, to gain an edge in the race. Some got up to leave, but most ofus sat still, Hoping this to be a stepping-stone leading onward up the hill. For if only I could be on Moot Court, if only I could to reply ..." When suddenly the timekeeper yells 'Time's up! Tomorrow you'll give itanother try." But first one must do research, and then submit a brief, And the only way to keep on going was to be a lover of And while my section mates were booing, and throwing things from the gallery, grief. It seemed doubtful that I'd follow thru, because, who has I calmedand explained to them all, "I can stillgo 2 for 3." the time; By the time I finish my course load work I hear the midnight chime. But with the help of my partner, and to my amazement ■ I conquered all my school work long enough to begin this chore. We wrote a briefabout malpractice, jurisdiction and venue, And though I had Schlegel for Civil, I somehow managed to getjhru. f'sure, test. And so I began my oration, as calm as one could be, "Your Honors, please forgive my prior arguments, but with this one you 'II agree. My client demands just relief, I have dozens of cases to cite ..." But Mr. Attorney, the Chief Justice replied, "You're supposed to defendD tonight!" So the next night I again stood up and began to state my And I heard the timekeeper say something, but it really didn't matter now, case, But all of a sudden eye contact was made with a stern and So I left the room in a hurry feeling no need to take a scary face. \ bow. And then its mouth started moving, spouting questions of But while I didn't make Moot Court this year, all surely how, who and why, was not lost, My only thought at that moment was "Oh, God, please let I have all that time for my leisure now, just in time to me die." enjoy the frost. October 26 Opinion 7 �Guild Project Offers Classes On Community Legal Rights continued frompage 1 to find out more about the legal system which they come up against, often antagonistically, in their everyday life. There are no qualifications required in order to that is alright." John an administrator of the CLS is pleased Johnson and other students . find the courses interesting. "We want to present the law in a way which makes it relevant to the everyday problems that people have," Stainthrop said. "We operate from the assumption that most legal concepts are not that difficult to understand once you get past the 'code words' and strip away the mystification." He describes the response from the students as "great" and suggests that it "shows we are filling a definite need." Stainthorp is careful to point out that the CLS deals with general explanations of the law and not with individual legal problems, "la our materials we stress that, though a person may think they know what their legal rights are, when it really comes down to it they should get a lawyer to advise them in a specific situation. We arc concerned about communicating a general consciousness of what the law is. We hope that this will be useful to people in their own lives and in any community organizing efforts they arc involved in," he added. This is the second set of classes offered by the CLS. It was inaugurated last spring, with five classes being taught to two community groups HOPE in the northwest section of Buffalo, and PRCC on the lower west side. The idea of community law school began to take shape in the Fall of 1977, when a number of lawyers and law students in the Buffalo chapter of the National Lawyers Guild decided to set up the school. They drew up a proposal which listed the courses they could teach and gave this to different community organizations. The organizations chose the courses they wanted and the CLS arranged for teachers and prepared materials. Many of the teachers are not Lawyers Guild members, although the CLS is an official Guild project. Stainthorp, take the course. There is no tuition fee, though a hat is passed at the end of the class and those who can make a 50 cent donation. There are no tests and no passing or failing. Students do not have to prepare material for class, though it is helpful for them to have read the booklet which is available a week before the class. Many of the students have read the materials and all of them come equipped with their own knowledge of how the criminal justice system affects them and their friends. This criminal justice class is one of a series of eight being offered by the CLS in conjunction with the BUILD organization (a predominantly black civil rights organization based on Buffalo's east side). Other courses include Landlord/Tenant, Consumer, Education, Juvenile, Health, Public Assistance and Job Rights. The CLS provides the teachers and materials, and BUILD organizes the event, finding space and doing publicity. "People are not familiar, though, with what their rights are under the law," says Kenneth Johnson, the Criminal Justice Vice-President of the BUILD organization and co-ordinator of .the Classes. "Unless folks know that they have some rights they cannot begin to demand them. We realize that we cannot depend on the law to protect us and that the law as it is now, discriminates against black and poor people, but it is important to push for anything that we are entitled to under the present law." Johnson thinks the courses are useful because they concentrate on the law as it actually affects people. "There's a great difference between what the law says and what the law does. The Constitution says that you have a right to be tried by a jury of your peers, but that is just a sick joke for black people in Buffalo. We live in a city with a black population that is between 30 and 40% of the total but the juries -continued frompage 1 down in Supreme Court are lily whole means of evaluation and white. And the judges have said the application of the present system; reformation of grade reports for a better fit with - Law students, working under the Work Study program, have helped compile much of the written materials used in the classes. These materials must be continually updated and new ones written as new courses are added. "The standard of the materials is high," Stainthorp says, "and though we are writing for people who have little formal education, this does not mean that we over-simplify things. Of course, we don't get into abstract legal arguments, but the people who take the course want to be challenged by it, and the people who write the materials have to be able to express legal concepts using everyday words." One of the chief problems the CLS faces right now is money. Contributions from the sponsoring community organizations cover only a fraction of the CLS operating costs. The SBA voted a $200 award to the CLS for the 1978-79 year, but duplicating costs and the requirement that the CLS pay 20% of any Work/Study award, means that more money must be found. "So far," Slainthorp says, "we have been surviving on a shoe string, and have been sustained only by the enthusiasm a lot of people have for this project. We realized at the beginning that we would go deeply in debt to start with, but the excitement of combining our study of law with people's real lives made us willing to take this risk. Now that we have shown the CLS really works, we have to start doing some serious fund-raising. We think the CLS is so important that we want it to be around for a long time. Meanwhile, the CLS continues with its plans to teach another set of courses to HOPE and PRCC and to contact more groups for classes in the Spring. People are^ needed to prepare materials for the classes; anyone interested in working with the CLS should drop a note off in the Lawyers Guild mailbox (88) or in the Lawyers Guild office (Room 118). _ Joyce enjoyed Friday's party . , why. ... and we know Mike Buskus Bill of Rights' Future Is Topic of Meeting . -continued from page 1 confer their honorary degrees." Finally, Commager asked, "Why can't the US reconciliate justice and equality, where other nations have 'to promote the general welfare'?" Other Western democracies have such things as socialized medicine (Great Britain) or. "a humane penal code and prison system" (Sweden) without any deprivation of liberty or increase in crime. He laid the blame on the "current right," whom he called anarchists because they "substitute fear for confidence when they contemplate the future of this — Governor Wallace of Alabama) were clear. We don't litigate the law anymore, but the facts. Did the police department discriminate? Was the school board venal or pure? They say they were doing what was right for their community." Dorsen said it is "an intractable fact that the majority was never overly-quick to help the minority." "Civil liberties is an anti-majoritarian concept, because we are asking them to give something up," he added. But he is not pessimistic about the future, however, because "great advances have been made in the last 15 years and people are indeed interested and concerned." Dorsen also believes that "the essential values and truths, country." Commager was followed by Norman Dorsen, a professor at New York University Law School although occasionally receding, and chairman of the American are not forgotten. People using Civil Liberties Union's board of directors. Dorsen cited two differences from the days of the Warren Court in the approach of the ACLU to the Burger Court. First, "we used to take everything there," he said. "New we choose cases more carefully, arguing narrow grounds rather than broad relief." Also, "we use different types of litigation techniques. The questions used to be clear and simple. The enemies (such as imagination and will, will secure civil liberties." The conference continued throughout the week with seminars on topics including freedom of speech and press, the effect of technology on personal liberties, and the future of minorities. The five-day gathering of nationally-known scholars was billed as the first public assembly on the Bill of Rights since the 1787 Constitutional Convention in Philadelphia. Possible Changes In Grading Discussed LATKO PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume is a must! We will typeset & print your resume in a style that suits your needs. We can dtS it better, faster & for less. 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. (North Campus) 834-7046 8 Opinion faculty practices; simple replacement of the D with a passing classification. Any of the above suggestions would tend to eliminate the major hardships of the present system. Kathie Drumm stressed that a major consideration of the Administration should be "maximizing the placement opportunities of graduates." The present system places on the student in the job market an "onerous burden to demonstrate that his or her Q's are not low Q's." Drumm advocated the adoption of a High Honors, Honors, Pass/Fail gradation. This system can be implemented with or without the Berkeley modification of a traditional A, B, C system, HH, H, P, and would be available to prospective employers October 26 only. She also called for the establishment of a mandatory distribution of grades along the lines employed by Berkeley (external transcripts convert HH to A+, Hto A and Pto B). / "A large effort has been put into the Placement Office," according to Carrel. "Now that the reputation of the school is getting known, many of the problems of the/4rading system added Carrel. will be Professor opened the lively Question and Comment stage of the meeting. He emphasized the necessity of using a grading system that permits swift and accurate comparisons with other law schools and students if the Buffalo Law School and its students are to compete as a national law school. The present system, Professor Schaeftler feels, does not fulfill that need. The student responses reflected their support and preference for diminished^" . the present system. Third year students stated it allowed them to take difficult courses which they would not take if not for the H-Q-D system. The present grading method thereby greatly enhanced their legal education. It was also noted that to change the grading system to facilitate job placement represents a drastic and radical change in administrative policies and perspective. Such a change, it was argued, would indicate a retreat from the innovative philosophy of the law school in order to satisfy employers. The Dean had originally thought that if the grading change could be accomplished early enough in the fall, it would be made applicable to this year's first year class. The Dean also stated that student opinion expressed through the referendum will have an impact on the ultimate decision. Professor Greiner added that student concerns will not be ignored. During a less serious side of the meeting, the following eleven-tier system was proposed by third year student Dan Kohane: A,H,E (Excellent), V.G. (Very Good), R.G. (Real Good), G.R. (Gold Rooster), S.R. (Silver Rooster), N.S.G. (Not so Good), "Q" (Q), Y.K. (You're Kidding), and F.I. (Forget It). The pending referendum will be held on Monday and Tuesday, October 30 and 31. SBA President Tony Leavy is considering placing the ballots in student mailboxes Monday morning, Chancellor's Award for EXCELLENCE IN LIBRARIANSHIP Send letters of nomination by October 31st to: Tamara Frost, Chairperson 1978/79 Nominating Committee Lockwood Library, Amherst � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-10-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/26/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:48:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/840e8e6568459a778325099f7850ab02.pdf 3419f1db57366f405b540da95bd247f4 PDF Text Text Ford Indicted For Homicide In Pinto Deaths . by Alan Nadel In a surprising development, Ford Motor Company has been■ indicted by the Elkhart, Indiana grand jury on three counts of reckless homicide and one count of criminal recklessness. The indictment stems from an accident in which three'teenage -girls burned to death. The 1973 Pinto in which they were riding burst into flames after being hit in the rear by another car. Ford's indictment on criminal charges is only the latest episode in the Pinto story. An investigation by federal highway safety officials found that given their fuel tank design, Pintos built during 1971 through 1976 have a great chance of burning during rear end collisions. The investigation linked the Pinto's fuel tank design to several deaths. Ford has also been the object of several lawsuits growing out of accidents involving Pintos. The company is now in the process of Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 19, Number 3 recalling (under federal pressure) 1.5 million of the automobiles built during 1971 through 1976 in order to modify their fuel tanks, thereby reducing the danger of fire upon rear end impact. Spokesmen for Ford have called the indictment "unwarranted" and claim the "company hasn't violated any of the laws of Indiana." The maximum penalty which Ford faces if convicted on all four counts is a $35,000 fine. Financially, such a fine would be meaningless to Ford. It is also questionable whether a conviction will have any adverse effects on public relations. Ford has received bad publicity in the past from law suits involving the Pinto. Despite this, Pinto sales are higher than ever. The ineffectiveness of a conviction in this case points out the futility of trying to apply the usual criminal sanctions against large corporations. Professor Michael Schaeftler, who teaches corporations, sees several policy questions raised by Ford's indictment. Chief among them is "are we capable of finding a system of punishment for the corporation which will achieve the objectives of the criminal law." i Quoting Lord Thurlow, Schaeftler stated: "You never expected justice from a corporation did you? They have neither a soul to. lose, nor a body to kick." According- to Schaeftler, criminal penalties in their present form cannot be used to deter the corporation. However, in fashioning more effective penalties, we must consider who will suffer from their imposition. For example, an exhorbitant fine may result in smaller or no dividends to the shareholders. It may also be passed on to the consumer in higher prices. Are we justified in indirectly punishing those who knew nothing of the criminal act? Whatever the outcome of the Ford Pinto: The alleged murder weapon. against Ford Motor Company, it has raised important questions about criminal sanctions and the corporation. These case Opinion mihe sha/vro questions must be answered if criminal conduct on the part of corporations is to be effectively deterred. Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 October 12,1978 State University of New York at Buffalo School of Law Study Program Aids Minority Students by Jay Marlin (This is part 2 of a 2-part story dealing with minority admissions and the legal program.) While there arc strong differences of opinion as to the efficiency of the law school's effort in recruiting more minority students, one thing that is agreed by students and upon administrators is the importance of the Legal Methods Program. Going into its third year, the Methods Program is Legal randi thavis designed to help students who come from an educationally disadvantaged background by offering special tutorial assistance during the first semester of the first year. The program presently has 16 year students, whose first that responsibility. The seminar normal first "Starting and Maintaining a Public members take the Torts, Contracts, courses of year Interest Law Firm" addressed that Procedure. But, instead and Civil in provided and. those question taking Criminal Law, the attendance with an idea of the of members of the program take public a would-be alternatives Introduction to Legal Methods, interest lawyer has. with Criminal Law being taken in Five panelists participated in second year. the Saturday, September 30th the "It's a very helpful program. seminar. Michael Tiger, a former professor at this school, chaired It's not any less work. In fact, it's the discussion. The first speaker, more work in class time. The Bruce Meyerson, is the Executive professor teaches you the methodology of law school, legal Director of the Public Interest writing, and how to take an Phoenix, Arizona. Law Center in exam," said Wayne Alexander, a The Law Center was started by Meyerson in November 1974 with former member of the program the pledge by a major Phoenix law and now co-chairman of the firm to pay the salary of one Asian-Puerto Rican Law Students Public Interest Forum Debates Alternative Forms of Practice by Arlene Fisk Throughout undergraduate and post-college days, many devised Throughout undergraduate and post-college days, many devised plans for saving the world, or at least a significant portion of it. .The devices for fulfilling these goals Jed many to the study of law. Students enter the portals of O'Brairf Hall with a vision of becoming lawyers for the people, of representing those who, were it not for our services, would go without legal representation. Unfortunately, after some time in law school it seems clear that very few lawyers retain this goal. • Lawyers, rather than seek the deserved gratification of winning a cause for the public good, seek instead substantial monetary reward. Yet, all is not lost. The Model Public Interest Law Conference held at the law school September 29 and 30 made clear once more the obligation an attorney has to serve the public interest. Students at ÜB, attending law school in part on the good graces of the New York state tax system, owe some duty to that public which has funded their education. The crucial question, then, becomes not whether a responsibility to serve the public interest is owed, but how to fulfill -continued on page eight Association. "The program has been on an experimental basis for three years, and I would like to see it institutionalized," noted Alexander. The tutorial sessions are conducted by the professors of the first year classes or their teaching assistants. Classes are conducted during the normal school day, and the students successfully completing the course get three credits. Before the Legal Methods Program, there was a high drop-out rate among minority students, but since the introduction of the program the rate has dropped considerably, and is now not much higher than the rest of the student body. "We felt it's worked extremely well. We try to get as many minority students into the program as possible, which gives the students an opportunity to have close contact with the professors," commented Charles Wall in, associate dean and registrar. "It's a very beneficial program'" added Wallin, "but it is also a very expensive program since it takes up a lot of the professor's time." The importance of the program was emphasized by Pat Armstrong, vice-president of the Black American Law Student Association, who said that besides being an "excellent" program, it should be "more emphasized and -continuedon page eight �Vol. 1 9, No. 3 October 12,1978 Bis el and Krause Editor-in-Chief Jason Poliner ' Letters To The Editor Managing Editor Randi Chavis To the Editor: The last issue of Opinion a drop in minority admissions at the law school. The school's affirmative action efforts were called into question in that article. After all is said and done Staff: Steve Blumberg, Bill Brooks, Mike Buskus, Maria the fact remains that" this year's Colavito, Carol Gardner, Jay Marlin. entering class of 265 includes only 5 black students. There can be no Contributors: Alan Beckoff, Paul Bumbalo, Arlene Fisk, Steve justification for this kind of Silverstein, Karen Spencer, Peter Zaret. performance by a law school that Copyright 1978, Opinion, SBA. Any republication of materials herein is purports to be "committed to strictly prohibited without the express consent of the Editors. OPINION is affirmative action" in legal published every two weeks, except for vacations, during the academic year. education. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views The Dean and his staff are expressed in this paper are not necessarily those of the Editorial Board or quick to excuse their poor Staff of OPINION. OPINION is a non-profit organization, third-class postage performance. But the excuses just entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from won't wash. Buffalo is no colder Student Law Fees. Composition & Design: University Press at Buffalo for blacks than for whites, nor is the school's reputation any more widespread among white college graduates than blacks. UB Law is not suffering from low enrollment. Only black student enrollment is pathetically low. The law school administrators all complain that there is not no money to enough money Many thanks are due the persons responsible for bringing recruit, no money for tuition the Model Public Interest Law Conference to Buffalo this assistance, no money for public past September. The two-day event provided a forum for all relations. We are not talking about to discuss the pressing question of how the legal profession can best serve public needs. The dialogue which developed was both stimulating and thought provoking. Alternative methods for serving the public were explored. The message of the conference was clear the legal profession has a duty To the Editor: to serve; what remains is to determine the most appropriate and effective means to accomplish that goal. Slowly but surely, I believe, What evolved from the conference was a multitude of .student activities are experiencing different formulas designed to reach the desired result: a renaissance at this law school. serving the legal needs of the public. The recent election for the SBA This service may be administered through the local bar, officers focused on real, live through an organization financed by foundation grants or issues; the percentage of students other private monies or through an independent firm voting was approximately 50 per devoting a portion of its time to pro bono work. Whatever cent; and the serious nature of the means are chosen, the basic' ingredient is a willingness on the election process was clear. Yet, the SBA has an image to part of members of the bar to participate in serving the live down, or a new image to live public. The necessity of this factor cannot be overlooked. up to. In the recent past, two It is our responsibility as members and future members presidents have taken a nosedive of the bar to take up the task laid before us in the message or resigned; the record of of the conference. Those who participated in the dialogue accomplishments by the SBA are aware of the various means at their disposal. Those who seems minor; and the attidue were unable to attend may view the video tapes which arc toward the SBA has been one of available in the library. indifference on the part of A special note of thanks is due Joe Makowskj whose students generally. untiring efforts were responsible for the smooth running of the conference. It is unfortunate he was overlooked when praise was handed out at the luncheon on Saturday, as his contribution was a large part of the successful result. News Editor: Alan Nadel Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius reported Editorial Conference A Success — Urge Affirmative Action an enormous investment of capital to get a genuine affirmative action program off the ground in Buffalo. All we need is one full time affirmative action officer to turn things around. If the administrators of this institution are not capable of raising the funds to pay and supply a single staff person, then they are certainly not competent to run this law school. The benefits of a low cost, sincere recruitment effort is evidenced by the fact that the Spanish surname student population was increased by 500 per cent this year. This was primarily due to the efforts of Hector Santiago, a Puerto Rican who was admitted to the law school in 1977. Santiago was a member of the Admissions Committee that recommended students for admission to the law school on a discretionary basis. During the year Santiago contacted each Spanish surnamed person that the law school admitted. He also sent follow-up letters to those persons who did not indicate that they would come to UB Law School. As a result of his commitment to increase the Spanish law student population, five Spanish,, surnamed people were members of this year's entering class. Compare.this figure to the figures of 1976 and 1977 which consisted of only one Spanish surnamed student each year. This is not intended to be a criticism of Allan Canfield's role* in minority recruitment. Mr. Canfield has many roles in the administration of the law school and the task of minority recruitment is a full time job that requires a full time staff person with no other responsibilities. The UB Schools of Dentistry and Medicine have taken the necessary steps and have on their respective staffs full time affirmative action officers. The Law School is falling behind and there is no excuse for it. As a first step to rectify the situation we call for the establishment of a law school affirmative action office with a full time staff person to begin recruitment now for 1979 admissions. Charmaine Bissell Gene Krauss Canfield Sees Future SBA Renaissance - Properly organized, the SBA, like the Moot Court, the Law Review and the Buffalo Legislation Project can be an important political, social and educational vehicle. Committees need to be managed, articles need to be planned; communicative organs are required; a sense of the legal "mission" of law schools is necessary; and even political skills are focused upon. There is no question that social skills are sharpened. Nobody, but nobody, should downplay the importance of the SBA. The law school is, from my perspective, a micro-learning society. Skills, attitudes, values and substantive knowledge cannot be carried around in a classroom T-shirt. What is learned in the Social Service Recipients: Nothing To Laugh About To the Editor: i&L— JiJitL ji ( i '>.■■M ■-. ■; '\',,: ;.n" i classroom spills over into student life. What is learned in student life funnels into the classroom. There is no real dichotomy to be made, unless it is a false one. Who, for example, can help establish contact with the alumni? The SBA. Who can articulate issues of student concern? The SBA. Who can help develop a sense of community and establish a "communicative infrastructure" in the law school? The SBA. The SBA can do a large number of things to help improve law school life. It can help out with the peer advisement experiment now being started; develop a meaningful film series (has anybody seen "Special Section", a Cannes Film Festival Award film, 1975?); enliven the Distinguished Visitors' Forum;set up relationships with other law school organizations; write for grant monies from the LSSF, the ABA Law School Division; work effectively on law school committees; start a newsletter for the SBA; and get involved in a variety of other activities. Much to its credit, the SBA has affected law school policy; it has been able to help increase SUSTA monies and it has produced some real student leaders. It helped establish the Law Revue, too. Nothing could be better for the law school or student life than an SBA renaissance. I see shades of it. I, for one, will help and encourage the SBA leadership. I know others will, too. c Best wishes to all the elected studenUeaders. ■ •■. J.( the letters. Mr. Gruber has taken letters written to the Department We Would like to comment on of Social Services and the article entitled "Fill Out This appropriated them, albeit with Form, Maam," which appeared in identifying information deleted,' the September 28 issue of without the knowledge or consent Opinion. The article was of the letter writers, for the sole composed of excerpts from letters purpose of titillating his fellow written to the Department of law students. His doing so is a sad Social Services by women seeking commentary on this attitude support. toward the very people the In our experience, public Department of Social Services is assistance recipients aren't in the supposed to serve. We can only habit of corresponding with wonder if he would feel as free to public agencies. When they do it's do so if the persons involved were usually in response to their not public assistance recipients. desperate need for assistance. The fact that the need is not expressed Laraine Kelley grammatically makes it no less Sheryl Karp Asst. Dean for Stuattit Affairs critical. Illiteracy is not an appropriate source of humor in any context. In this context, its use is tasteless, "Never say never. It 's playinp God callous, and in total disregard of and anticipating history." the rights of those who authored -Professor W. Howard Mann ,■ ji\ AllenA&hfleld Quote of the Bi-Week ' 2 Opinion October 12 �Ethics Sign-up Form President's Corner SBA Organizes, Plans GradeForum Constitution mandates that one student member be an SBA director). These students are now receiving notices and attending the meetings. To insure involvement by all students, the SBA Appointments comm[ttee is interviewing all students who volunteered for a position on the committees. Hopefully these students already will have been chosen before you read this column. The one issue that I hope we can all concentrate on in October is the possibility that the faculty will act on the proposals to change our present H-Q grading system. The SBA has acted by ' by Tony Leavy On September 26 the new SBA members joined with the incumbents and began re-organizing the SBA. We appointed Directors to the SBA standing committees (External Affairs, Finance, Rules, Appointments and Athletics and Social) and we also established and appointed members to the special committees of Elections, Distinguished Visitorls Forum and Grade-Change Referendum. With these committees now functioning, a sign on our door and our efforts to have regularly scheduled office hours, the SBA should be a vital, visible student government. To insure immediate student representation on the faculty/student committees we chose the SBA directors for these committees (the SBA establishing -the Dean Headrick has agreed to reinstate a 1 or 2 credit pass/fail ethics course in the spring if there is sufficient student interest. Tentatively, the course will be structured as follows: each student taking the course will be assigned to a discussion group of approximately 10 students. A series of ethics problems will be distributed. Each student will be responsible for leading class discussion on one of these problems as well as participating in other class discussions. Any student interested in this program must sign up before November 1. Unless a large number of students will commit themselves to taking this course, Grade-Change Referendum Committee and this committee has decided to hold an October 30 and 31 student-wide referendum to find out how all students i feel about the H-Q grading system. The Committee is now attempting to have members of the administration and faculty attend an 1open forum to discuss the various grading proposals, so I urge everyone to begin thinking about and discussing the H-Q system. We will all have an opportunity to vote for our preference and, by so doing, we will indicate to the faculty how we feel on this issue. there will be no ethics course next spring. You may sign up by filling out the form below and returning it to the Opinion office. Do not sign up more than once. For further information, leave a message for Ann Herman or Dennis Harkawik in the student mailboxes. ETHICS FORM I will take an ethics course if offered next spring. Name Class Campbell Won't Bargain, Let's Can The Soup by the United Farm Workers Union and its leader, Cesar Chavez. From the first meeting with the workers' negotiating committee in January to the present, the company has steadfastly refused to bargain the basic rights and protections the workers need if they are to have a representation To the Editor: Have you had your Campbell's soup today? Well if you did, that is Mm Mm bad. Recents events have proven that Cambell's has a heart as big as the pieces of chicken it puts in its noodle soup. One year ago, the workers at meaningful contract. Among the points Campbell's the Pacific Mushroom Farm of Campbell's Soup Company in has refused to bargain are the Pescadero, California voted almost right to arbitration of grievances, unanimously in favor of written' assurance against BUFFALO 1 LAW REVIEW^ SPRING VOLUME 27 IP^^O^ 0 continued favoritism in hiring and inclusion of worker's in the union's pension plan, social service fund and medical insurance plan. In protest against the company's blatant refusal to bargain in good faith, all 200 workers at the mushroom farm walked out on strike on August 26 and are now maintaining a 24 hour picket line around the plant. We can all show our support for the struggling Campbell's workers by a boycott of the soup. A letter to Campbell Soup Company, Camden, New Jersey, 08181, informing them'of your action, would go a long way toward impressing their corporate leadership that the plight of California farmworkers is not unknown to soup guzzling students in Buffalo. So pass the word and can the soup. Ross Runfola FREE VIDEO TAPE LECTURE NEW YORK PRACTICE Prof. Arthur R. Miller Co-Author Weinstein, Korn & Miller, CPLR Wright & Miller Federal Rules \ -5 0*. irtVN fk tC' " O 0^ CA)** *«'• eWx fc ft t)^' O -o®' Skx \" Discrimination—Coirt Narrows Gilbert—Some Relateii Shaffer v. Hf.itner's Kffect on Pre-Jiikjment Att.WHMBNT, Jurisdiction Based on Property, and New York's Seider Doctrine: Have We Finally Given Up the Ghost i"1 the Res? Law Firms: Has M.Kit Asserts Jurisdiction Over the Door Been Opened to Lawyer Unionization: The First Amendment, High School Sti dents, and Trachtthe Possibility of Psychological Harm: max v. Anker Right of Privacy—Fornication Statute Held Unconstitutional—State v. Salnders Domestic Relations— Separation Agreement ProviHindsion for CHILD'S College Education Held Support—Boden v. ino ix an Action for Child BodF.N Pregnancy Discrimination is Skx , »W_(\ 9 V V rfl - I off Civil Procedure Wavk in the WorldMake Rights Effective M<"<r° CappclleUi and liryant (iarth Book Review Friedenthal & Miller, Sum and Substance of Civil Procedure Time: 7:00— 10:00 Date: Mon., Tues., Wed., Thurs. October 16 —19th Place: Room 107 . Come see just one more reason why MARINO-JOSEPHSON/BRC is becoming New York's Number 1 Bar Review Course! ONCE IS ENOUGH! Manno-Josephson/BRC *v I | FACULTY OF LAW AND STATE UNIVERSITY Copyright* 1978 by the Bufftlo JURISPRUDENCE OF NEW YORK AT BUFFALO S ;j j* 1111**" "■■■■iiiiiiiißl BEST OF BOTH WORLDS 1500B«0ADWAv SUITE 501 NEWYORK. NEW YOKK 10036.212 730 7749 Uui Rtvuw October 12 Opinion 3 �Placement's Trouble-Shooter by Alan Beckoff When Alan Carrel attended this law school, his class of 88 included one black and three women. The full-time faculty was one-third of its current size, while there were three times the number of part-time faculty members as there are now. There were four secretaries. Three classrooms in a downtown office building, as well as some rented space in another building, constituted the law school. And he guesses that if the members of his class were to apply here today, maybe 15 would be accepted. Carrel, the new associate dean for external affairs, received his LL.B. from here in 1967. "The Buffalo legal community doesn't have the proper perspective. The school is much different than it was when theyattended," he said. Besides his inter-related duties of placement, afumni relations, fund raising, and the administration of continuing legal education programs, Carrel identified himself as "a trouble-shooter for the legal and lay community." By that he means "keeping the image of the law school up, to make the reputation as good as the law school." "The change from a local to national school began in the 60's," he said, "when the UB administration decided to make this a major law school, and it was - SBA Discusses Grades by Steve Blumberg In addition to more perfunctory items on the Student Bar Association (SBA) agenda, the issue of proposed grading system changes received attention from the new administration at the September 26 board meeting. The impending grading proposals to be made by the Academic Policy and Planning Committee (APPC) were not the first item on recently elected SBA President Tony Leavy's agenda, yet he seemed to place great emphasis on this issue. "APPC is ready to move," he said. "Headrick says he has charged the committee to come up with a proposal before a certain date." In order to determine student opinion on the various grading proposals, an SBA committee to organize a referendum was formed. The referendum will be held October 30 and 31, Leavy said. Presently, the committee plans to write a detailed questionaire to evaluate student opinion. Leavy said he hopes to organize forums so students can obtain information about the proposals. "I want some forums so students can be educated about what the grading proposals are by Greiner and the others," Leavy said. "This is too important a decision not to do anyting about," Leavy said in reference to his proposal to hold a referendum about the grading policy. Lew Steele, second year director, agreed with Leavy. "An uneducated and unaware ballot will be meaningless," Steele said. He stressed the importance of "holding meetings with students at-large to tell them about the costs and benefits." Another point of emphasis made by Leavy concerned the students who serve on the various student-faculty committees. "I want to make sure that students on those committees come back and report," Leavy said. "They should be held accountable," he added. In a more general message, Leavy said APPC is not the only faculty-student committee anxious to move. He cited the Minority Student Affairs Committee as also ready. , In other matters, Leavy 4 Opinion October 12 proposed forming a special SBA committee to investigate possible membership in the Student Association of the State University (SASU). This is a full-time student lobby organization that operates in Albany and functions on the dues paid by the state schools who wish to be members. The proposal encounteredresistance. Had the defeated proposal passed, the SASU investigation committee would have been comprised of four students, who arc not on the SBA Board. The four students who were to serve are uniquely familiar with SASU operations and came forth on their own to express, indeed initiate, interest in this matter. Third year director, Claude Jeorg, wanted to merge the proposed committee under the auspicies of the External Affairs Committee. )eorg also expressed some negative views of SASU before any discussion of the merits of SASU membership took place. Leavy observed, "External Affairs has not done much about lobbying, nothing has happened. I fear they won't do anything," Leavy added. On a more positive note, second year director, Dwight Wells said, "I laud the fact that some non-SBA people want to participate. I would hate to shut somebody out. In fact, I want more people to come." Finally, a motion was passed which put the four "SASU experts" on the External Affairs committee for the specific purpose of helping with the SASU question. This arrangement may dilute the "experts" impact as opposed to the original Leavy proposal. After the Treasurer's report and the Secretary's report, there were two committee reports. The Phone Committee (a sub-committee of the Finance Committee) concluded their arduous investigation into the illicit phone calls made last year. In addition to showing in tabular form that they recovered a great deal of the funds spent on illicit calls, the committee stated their intention to meet with Dean of Student Affairs Allen Canfield and then possibly with the Faculty-Student Relations Board (FSRB) to determine if any furtheraction should be taken. ' Alan Carrel mike Shapiro ■—- extremely successful in doing jt. This was the only state-supported law school in New York State, and they felt that it should be on par with other state law schools around the country." In his role as placement director, Carrel wants the students "to realize how good they are." He said that spirit is good, but "students tend to forget that they are in the top 15 per cent of law school graduates in the US." Employers who visit the school are always praising the quality of the students, he said, but "when they (the students) realize how good they are, that will make my job that much easier." Carr«l has more ideas for office's assistant director. Carrel said one-half of his time and three-fourths of her's will be devoted to placement. The school places great emphasis on employment, he said, "and thfc department is greatly over last year." placement operations: "My Carrel, a former member of the predecessor (Jay Carlisle) did a Board of Directors of the Alumni super job in setting up placement. Association, said "they brought But a majority of what I'll be me in here" because of his doing is new." contacts with alumni and the legal Figures show that 22 per cent community in general. "Alumni of a typical recent graduating class relations is a fresh area because was employed by graduation, and very little has been done with it 90 per cent was employed six lately." months later. Carrel wants the Carrel is a native of Buffalo percentages higher by graduation. and received a B.A. in Biology Because "the market is getting from Hamilton College before tougher," he wants to do more entering law school. He is a counseling. former partner in Rosen, He also wants the students to Yasinow, Roberts, Rich and think more about what they want, Carrel, and is active in community and to have "the job that they organizations. Gardner The Association of Women Law Students held its first meeting on Thursday, October 5 in the fourth floor student lounge. The meeting began with a lecture on combining a law career and a family by Mary Dee Martoche, Esq., a Buffalo attorney. Martoche, a 1976 UB Law School graduate, is a member of the firm of Carl R. Ellis which specializes in negligence defense work. Martoche related her own experiences as a law student and mother of three children. Martoche gave birth to one of her children while she was a second-year law student. She admitted her opinions were -her own. She emphasized decisions concerning her legal career were based on a belief her commitment to the law was secondary to her commitment to her family. , Student Office Eases First Year Worries by Paul Bumbalo the unique pressures of one's first year of law school, McAlear said. It is true many first year During a Freshman Orientation meeting this past July, second Students obtain vital information year student Mike McAlear made from day to day contact with a proposal for the establishment second and third year students. of an office designed to ease the But the value of this project is it transitional period encountered establishes a specific place where by first year students. Names like an exchange of information may Continuing Orientation and Peer take place, McAlear said. By Advisement have been associated providing an acknowledged focal with this office, but McAlear is point for the dissemination of hesitant in attaching a label to his information, McAlear and his brainchild. He fears a label will associates can more effectively create expectations which will collect and dispense information destroy the informality he desires. to inquiring students. This is illustrated by the action "It is not designed for fulfilling a set purpose," stressed McAlear. taken to fill the bookstore's "Its prime function is to provide inadequate supply of Kadish and basic information on how to get through the system." Minor problems can seem and indeed become major ones when the first year student is not familiar with the system and lacks the know how necessary to deal with a particular situation. By sharing their experiences and insights, upper class students can help eliminate unnecessary worries and confusions created by AWLS Holds First Meeting by Carol want, rather than a job for the sake of having one." Audrey Koscielniak is still the Martoche explained her study and practice of law has been facilitated by the hiring of a housekeeper. She said the decision to hire someone was the first of three decisions she made concerning her career. The second decision was a conscious choice to not look for a job until after she took the bar exam. Finally, she decided not to try to graduate in the top of her class. The last decision was made, she said, "because I didn't have the time to devote to my studies like some other students did. I had obligations to my family." Carol Gardner recommended calling U.S. senators to urge them to vote for the extension of the deadline for ratification of the Equal Rights Amendment. Gardner also mentioned a project to advocate the selection of qualified feminist attorneys to positions on the federal bench. Paulsen casebooks. When approached by a few students who were without books, McAlear assisted these students in acquiring books. This eased the minds of many students who were concerned it would be necessary to go to class unprepared and fall behind the rest of the class while awaiting the next shipment of books. Another project of the peer advisement program is the development of a body of data to facilitate the identification of problem areas. "We have to see what needs are out there in order to determine what services should < be provided in the future," McAlear said. These sentiments were also voiced by Assistant Dean Allan Canfield. "We have to let it fly and flow with it. The potential for making a significant contribution to the law school community is tremendous. Future expansion of the project will be carefully considered because student life is such a large part of law school," Canfield said. At the present time, McAlear has sufficient commitment but his project i*. i encountering administratfvetangles such as a recent room switch to Room 113, an insufficient number of keys and a lack of furniture. When these matters are cleared up, the office should be operating at full capacity. , �BLP Undertakes Most Ambitious Effort To Date The Buffalo Legislation Project (BLP) has embarked on its most ambitious efforts to date in accepting fifteen projects this semester. The increase, double the number of projects last spring, is accompanied by a similar rise in BLP membership from thirty-two to sixty-six. . The admittance of forty-three new members was precipitated by the largest response ever to BLP's application drive. Over one hundred interested second year students submitted membership applications, thereby allowing the selection committee the opportunity to choose members who would bring to the organization diverse interests and experience. As you may know, BLP is a student directed organization providing legislative research to state and local legislators and agency officials. Students obtain valuable and useful experience in research, bill drafting and policy formulation, as well as academic credit after having participated for three semesters. Under the supervision ofdirector Dan Kohane, managing editor Joanna Gozzi and faculty advisor John Spanogle, work has begun on the following projects: — This (1) Ordinance Review project will undertake a review of present City of Buffalo ordinances in light of new constitutional standards developed by the courts in recent years. The project editor is Mike Razenhofer; project members are Pat Armstrong, Jim Hughes, Mary Lindsey, Michael McAleer, Phil Meyers and Ken Patricia. (2) Local Housing Statutes This project will address the question of whether the state, through the enactment of general laws relating to landlord-tenant matters, has pre-empted municipalities from enacting local ordinances. The project editor is Candy Appleton; project members are David Karel, Steven Schurkman and Susan Schreiber. (3) New Higher Education Trust This project will Eligibility consider whether the definition of "institution of higher education" (in regard to P.A.S.A. Program) for eligibility for tax deductions under the tax bill which includes provisions for the parents and student savings program should be extended to students attending degree granting proprietary schools and all other registered and approved business schools. The project editor is Janet Lubon; Project members are Mary Joanne Dowd and Leonard Kirsch. This project (4) Utility Issues will involve researching the status of two utility issues in other states, a) Whether present rate-payers should pay for facilities which may never service them but will service future customers; b) Fuel adjustment clause involving automatic 'flow-through of fuel cost to consumers without a public hearing or public review of the legitimacy of increased fuel cost. The project editor is Jim Kelly; projects members are Gary Cohen, Kathy Driscoll-Mack, and Martha - ' - - rate design for utility services. Prices will be increased during the day and decreased during the night. Problems exist because poor persons may have difficulty shifting their usage. What are the policy concerns, here and in other states? The project editor is Alan Block; project members are Ellen Evans, Kenneth Landau and Mark Rosen baum. (6) Labor Law 523 This project will research the inequity existing in 523 of the Labor Law whereby an individual collecting unemployment benefits is penalized 25 per cent of his weekly benefits for each day he works, without regard to the number of hours worked or the wage earned. The project editor is Saul Brenner; project members are Stu Haimowitz, Jim Maloy and - Tony Leavy. - (7) Criminal Justice This project will explore whether the failure to ratify the death penalty has resulted in state reforms that have adversely affected juvenile offenders. The project editor is Deborah Dowling; project members are Cathy Schwartz, Gladys LaForge and Paula Cohen. (8) Welfare Fraud This project involves recent changes in employer reporting to determine if welfare recipients are gainfully employed. Are there any constitutional ramifications? The project editor is Mark Bander; project members are James Anliot, Mary Kloepfer and - Deborah Sorbini. (9) Freedom of Information Law v. Discovery This project will address the question, does a citizen involved in a lawsuit have a greater right to some records in his status as a citizen than he does as a litigant? The project editor is Marc Ausfresser; project members are Stephanie Baynon, Carol Maue and Susan Lubowitz. (10) Broadcasting Courtroom and Agency Proceedings This project will look at the question of whether the public and news media should be permitted to tape record, broadcast or televise the proceedings of public bodies and/or the courts. The Open Meetings Law is silent. The project editor is Linda Beyer; project members are Chet Smalley, Susan Beberfall and Jeffery Katz. (11) Calendar Practice This - - - project will review the present Droject will review the possibility practice in Erie County under of merging all New York State which a trial judge is not assigned trial courts, except town and until the eve of the trial, and village courts. The project editor pretrial proceedings have gone is Joann Parry; project members before other judges. Would the are Alan Butterworth, Loula interests of justice and economy Borkas, Mark Hammer, Jim Paris be better served if one judge and Gloria Richard. stayed with a case from beginning (14) Population Law This to end? The project editor is Ellen project involves a survey of New Cohn; project members are Pat York statutory law which includes Pollard, Howard Crane and Rita or excludes city participation Merino. according to population. The (12) Immunity for Physicians project editor is Tom Bender; This project will formulate project members are Bruce Young legislation proposing to limit the and Horace Gioia. liability of physicians acting in (15) Urban Development emergency situations, especially Corporation This project will while using the Medical involve the feasibility of U.D.C. Emergency Radio System (MERS) becoming involved in the problem in conjunction with paramedics in of the exodus of large the field. The project editor is corporations from New York Paul Suozzi; project members are State. The project editor is Paula Sharon Osgood, Lori Golombek Dladla; project members are and Ricky Samuel. Richard Bedor, Ann Tucker and (13) Trial Court Merger This Andy Walle. - - Working At Legal Services In Harlan, Ky. When talking about working in Harlan, Kentucky, one must also talk about southeastern Kentucky. Two conversations that occurred during my first week in Harlan still stand out in my mind and help exemplify what life in the area was like. The first involved another law student who worked at the office and a waitress at the local Pizza Hut. The second took place between the directing attorney at the office who is originally from Oregon and myself. The conversations went essentially like this: Law student: What do you have to drink? Waitress: We can give; you a pitcher. Student: A pitcher! thought this was a dry town. Law I Waitress: Oh, you can still get a pitcher of Coke. Myself: (after reflecting upon the total absence of any activity outside of work): What made you want to settle in southeastern Kentucky? Attorney: When I first arrived in southeastern Kentucky I hated the area. I couldn't wait to serve my one year commitment and get out. But after a while the work just draws you down here. There is so much that has to be done. It just draws you down here. And so it does, for some. Those people not from the area (none of the lawyers in the office were, from southeastern Kentucky), when doing nothing, could still derive some satisfaction Krisel, from providing legal services to (5) Time of Day Pricing This people who so desperately need the them. Why does such a need project concerns establishment of an entirely new exist? - Sitting, I to r: Linda Beyer, Janet Lubon, Joanna Gozzi. Middle, I to r: Saul Brenner, Shirley Gorman, Alan Block, Paula Dladla, Ellen Colin. Top, I to r: Paul Suozzi, Mike Ranzenhoffer, Tom Bender, Dan Kohanc. Harlan is a town which is in many respects still in the 1930's or 40's. Any attempt to organize labor is met with tremendous resistance, bootlegging still flourishes and. the town is tremendously corrupt. Those in power, the local politicos, the bootleggers, coal operators and other businessmen, care for little else than remaining in power. The main purpose of government bodies and organizations is to help retain the existing power structure. Perhaps the most important consequence of such a system is the failure of the Board of Education, not only in Harlan, but in southeastern Kentucky in general, to teach or prepare students to live in any place other than southeastern Kentucky. As a result, most people are born and grow up and live in the area, an area which many people would choose to leave if they believed they could live in some other place. So people remain in Harlan. Violence for many is a way of life. Food prices are outrageous. For those who have housing, living conditions are outrageous. For others," housing is non-existant. Many of these type of problems reach the legal services office. Perhaps a distinguishing characteristic of many, although certainly not all cases the office received, is a sense of urgency. I had a case in which a man and a woman lived together for 10 years and then separated. Nothing particularly unusual. However, the man threw our client out of their house without permitting her to take a thing. He threatened her with violence if she came back to try to take any of her belongings. A person follows the progress of any legal action fairly closely when she has to borrow just about everything, including her friend's underwear in order to get by. Perhaps one reason such an urgency develops is because people act with little regard for, or have any conception of, the rule of law. Before the legal services office opened, most people had no access to legal help. The private bar did not offer much help because people could not afford a private attorney. (My impression of the private bar is they had very few interests other than obtaining legal fees.) This criticism may be unjust, but it probably isn't. As a result, many people ove.r the years have had very little contact with the legal system, especially concerning civil matters. They thus have a tendency to disregard the law and act as they please. A client of ours whose parents totally dominated her life, ran off to the local Martyin' Sam across the state line with some boy. She stayed the night at her in-laws. The next day her parents received word of the wedding and went after her. With shotgun in hand, pointed xat the offending in-laws, her father forcibly took her home. When her father was told he could not do this as well as many other things he was doing, this Seventh Day Adventist said, "There are two types of law, man's law and God's law. I follow God's law." Work did have its share of disappointments. Many of these disappointments involved a feeling of futility when I saw much hard work, botfTmy own and the work of others in the office, go down the drain. In my first week at work, our directing attorney represented a woman in .. divorce/child custody proceeding. Our attorney brought out evidence that established the husband beat his wife and bootlegged among other things. The judge awarded custody of the children to the wife and issued a restraining order prohibiting the husband from being with the wife or children except in limited circumstances. Two weeks later husband and wife could be seen walking hand in hand on Main Street. As far as I know, they remained "reconciled" for the rest of the summer. On the whole I enjoyed the summer very much. Above all else, the work provided an extremely rewarding .experience. However, when not working, life was pretty dull. Unlike the attorneys in the office, however, I made a minimal commitment. Knowing I would leave at the end of \he summer, I tried to ignore the absence of what we all take for granted, such as recreation, and sublimated all my energies toward work. I came away with a partial insight regarding a small town in Appalachia, the role legal services plays in this town, and the way in which such services helps to make life a little more pleasant for many people who otherwise would be forced to go without any such help. Much of what I say appears to be assertions that a person who has stayed in an area for 10 weeks has no business making. Much of what I say in this article comes from The Watchers of the Night by Harry Caudill and conversations from people who have lived and worked southeastern Kentucky for some -Bill Brooks years now. October 12 Opinion 5 �Culinary Counsel Karen's Kitchen: A Delightful Tour Through A There is a medley of recipes included here all tried and tested on various people few of whom were vegetarians. The Bran Muffins go with any meal and are a snack in and of themselves. I like adding apricots it makes them very rich! The Granola is fattening but terrific with sliced bananas for breakfast. It also makes a great gift. The Baked Shrimp are a nice start to any meal. Yianni's Restaurant offers something similar as an entre which could be duplicated by doubling or tripling the cheese sauce. The Japanese GardenSalad is a variation of the well known spinach salad with bean sprouts and soy sauce providing an oriental twist. - — — by Karen Spencer For those of you who are Jason's Birthday Zuchinni will 1 egg V* c. heavy cream V* c. crumbled feta cheese Tabasco sauce 1 large tomato, peeled & sliced juice of Vi lemon 1 tbsp. chopped parsely Cook shrimp in butter until pink. Transfer to a baking dish. Combine egg, cream; add cheese & tobasco to taste. Pour over shrimp. Top with tomato slices. Bake 10 minutes at 400. Squeeze juice and sprinkle with parsley. Japanese Garden Salad 6 c. torn spinach Vegetarian butter 6 tbsp. flour Paradise minutes. Let cool slightly before serving. Serves 6. pinch cayenne pepper % tsp. salt VAc. milk grated parmesan cheese Vi c. grated sharp cheddar Vt tsp. cream of tartar Spinach filling 2 pkgs. spinach, cooked and drained well 2 tbsp. butter A c. finely chopped onion % tsp. salt 'A c. grated cheddar cheese Vi c. sour cream 'A Ib. Cheddar cheese, sliced Spencer Special Spiced Raisin Cake One of my family's favorites handed down ever the generations that always appears at family gathering - 1 box raisins and 2 cups hot water. Boil 5 minutes. Remove from heat and add 1 cup cold water. Set to cool. Cream Vi c. butter with 2 c. sugar. Sift: 4Vi c. flour, 1 tsp. salt, 1 tbsp. soda, 1 tsp. cinnamon, 1 tsp. nutmeg, 1 tsp. ground cloves, 1 tsp. baking powder. — 3 c. bean sprouts 2 C. carrot slices (made with a peeler) 'A c. almond slices. Mix all ingredients add raisins Grease bottom of jelly-roll pan; and water all at once. Bake in a 9 line with wax paper, grease with X 13 inch pan at 325 degrees for butter. Melt 1/3 c. butter. 45-60 minutes. Soy Sesame dressing: 2/3 c. oil, 'A c. maple syrup, 1/3 o. vinegar, 2 tbsp. soy sauce, 2 tbsp. toasted sesame seeds, 1/3 tsp. dry mustard, 1/8 tsp. ginger. Editor's Note: Culinary Counsel would like to apologize to any readers who may feel their interests have not been properly represented in this column. The fact is, until his recent confrontation in the hallway with a certain law librarian, this neglect was unknown. Culinary Counsel would be very happy to make his column responsive to his reader's tastes, if only he is made aware of them. Therefore, if there is a particular topic you would like to see covered, or if you have some favorite recipes you would like to share, drop a note in the envelope outside room 623...Recipes should be typed, 70 characters to a line and double spaced. As the cold approaches, Culinary Counsel will devote a column to something which warms the soul soup. Please share your favorite recipes with us. wondering if that's really Paul send sour cream lovers into Suo/zi in the apron and chef's hat ecstasy and the Guacarnole Eggs is you're right, it's not. I could the next best thing to San say that Paul went into a coma Miguel's guacamole in Boulder, - Colorado. The two entres, Law Library Luncheon Special and the Melan/ana Manicotti, are proof that meat does not make the meal. The1 Spencer Special Spiced Raisin Cake is one of my family's favorites handed down over the generations which always appears at family gatherings. It calls for sugar and it probably just wouldn't be the same without it! It's really great with a cream vegetarian, I am constantly cheese frosting. seeking new recipes which not Enjoy!!! only are a delight to the palate but are healthy, too. I am not a fanatic vegetarian nor am I Karen's Bran Muffins Vi c. flour looking for converts. I just want V> tsp. salt to share the joy I have found in Vi tsp. soda meeting the challenge of changing 1 tsp. baking powder one's lifetime eating habits. last week after eating too much homemade ravioli and someone had to fill in for him. But what really happened is that I accosted hirrr in the halls of O'Brain after the last issue and accused him of not having a column dedicated to vegetarians. Since he is still recovering from that encounter, I borrowed his apron and hat for this week's issue which I am filling with my favorite recipes. As a recently converted — My change to vegetarianism was gradual and in fact is not total as I still eat fish. People often ask, "Don't you miss a real juicy steak or crave a Big Mac now and then?" My answer is an easy no. My desire for beef disappeared long ago when it began tasting like cardboard and a Big Mac, well, that belongs with all the other fast food and processed foods which taste like sawdust. Anyway, there are so many more interesting foods to be eaten that I see meat and poultry as a waste of stomach space! Preparing vegetarian foods is more fun and certainly much cleaner. The absence of animal fat is the greatest way to keep a stove and oven clean. Returning for a moment to the idea of changing one's lifetime eating habits, there remains the tangetial,issue of sugar. Because I now eat not only for enjoyment but also to feel well, the amount of white sugar in my diet is of concern. Being a hot fudge freak and trying to eliminate sugar is a contradiction with which I am resigned to live. (A life without hot fudge hardly seems worth living!) However, I have managed to cut down on my sugar intake by substituting honey in recipes which call for sugar and using only half the amount. Molasses and maple syrup are also alternative sweeteners whose 'Ac. raisins Vi c. sunflower seeds V> c. nuts 1 c. bran 1 egg Vi c. sour milk 3 tbsp. molasses 1 tbsp. melted butter Mix 1, 2 & 3 separately, then together. Add 1 mashed banana and large spoonful of honey. Fill well greased tins 2/3 full. Bake 20-25 minutes at 375. Variation: add chopped apricots or other fruits and nuts. Granola 5 c. oats 1 c. each: sesame seeds, sunflower seeds, cashews, almond slices, non-fat milk powder, .soy flour, whijat germ, bran, coconut, raisins, dried apples, apricots. 1 c. honey 1 coil cinnamon Mix dry ingredients except dried fruits. Season with cinnamon about 2 tablespoons. Pour honey and oil over the mixture and stir until everything is well, coated. Bake for V* hour at 350 and Vi hour at 300, stirring every 15 minutes to avoid burning. Add fruits when mixture comes out of the oven. flavors many take some getting Baked Fresh Shrimp used to by those whose childhood with Feta Cheese was filled with Three Muskcers 2 fresh jumbo shrimp or Mars Bars. 2 tbsp. butter 6 Opinion October 12 — Remove from heat and stir in flour, cayenne & Vi tsp. salt until smooth. Gradually stir in milk; bring to boil. Stirring, reduce heat, until thick and leaves Mix and chill dressing. Pour over bottom of pan. Beat in Vi c. mixed salad ingredients. Parmesan and 'A c. cheddar. With wire whisk, beat yolks and beat Jason's Birthday Zuchinni into the cheese mixture which 8-10young'/uchinni should be somewhat cooled. Beat I /3 c. butter egg whites with 'A tsp. salt and 3/4 c. grated cheddar cheese cream of tartar until stiff peaks 'A c. grated Swiss cheese form. Fold carefully into the 1 c. sour cream cheese misture. Bake in jelly roll '/> tsp. salt pan for fifteen minutes at 350. 1/8 tsp. paprika Saute onion, add cooked spinach, 'Ac. chopped chives salt, 'A c. Cheddar and sour cream. 'Ac. bread crumbs Loosen edges of souffle with a grated parmesan spatula, invert onto wax paper sprinkled with parmesan. Peel off Cut zuchinni lengthwise in havles wax paper. Spread filling and roll or quarters depending on their up from the long side. Arrange si/c. Steam until barely tender. cheese slices over top; broil just Arrange them in a buttered until cheese melts. Serves 8 casserole dish. Melt butter, mix in generously. cheeses, sour trpam and seasonings. Pour '■ mixture over Melanzana Manicotti zuchinni. Sprinkle with bread 2 medium eggplant crumbs, dot with butter and top Filling: with parmesan cheese. Bake at 1 lbs. ricotta 350 for 45 minutes. 1 Ib. mozzarella 3A c. grated parmesan Guacamole Eggs lots of raisins Blend 1 ripe avocado, 'A cup 2 eggs yogurt or sour cream, 1 tbsp. 2 tsp. cinnamon lemon juice, dash tobasco sauce, 1 2 tsp. rosemary, crushed tsp. salt, 'A clove garlic, mashed. 'A tsp. salt Add 1 tomato, skinned and fresh parsley and seal I ions, chopped. Saute chopped onion in minced butter and scramble 5 or 6 eggs. Red wine to moisten Spread slices of whole wheat toast 3 cups Italian style tomato sauce with avocado mixture, add eggs, Mozzarella, grated and top with more avocado mixture and a slice of tomato. Slice eggplant lengthwise into 'A Muy Bueno!!! inch slices. Steam until just flexible enough to roll. Mix filling. Law Library Luncheon Special Spoon filling onto each eggplant (Cheese spuffle roll stuffedslice and roll up. Arrange them in . with spinach) a large baking dish and cover with Cheese souffle tomato sauce and grated 7 eggs, separated, room temp. mozzarella. Bake at 350 for 30 .~ - LATKOi PRINTING AND COPY CENTERS JOB HUNTERS! A professional looking resume is a must! We will typeset & print your, resume in a style that suits your needs. We can do it faster & for less. better* 3171 Main St. (South Campus) 835-0101 1676 Niagara Falls Blvd. -->-•" (North Campus) y'■ '834-7046 ~ �Short Relief Playoff Fever... Catch It! Maria Colavito Having just watched the all. Because five big playoff games replays of the Yankees-Red Sox playoff game for about the tenth and possibly a World Series game time I cannot figure out how, loom large between my writing anyone coiJld find baseball boring. this and your reading it, I am a I also cannot for the life of me little reluctant to make any figure out how anyone could be a predictions here. The truth of the diehard baseballfan for more than matter is the last two matchups of twenty years or so. I am sure that the Yankees and the Royals have if some demographer took the been both surprising and close. At time to check into this he would first that was what was so finrd populations with major surprising about them. However, league teams nearby have life the Royals have proven beyond a expectancies which are doubt they are a strong team, and considerably shorter than the the Yankees have proven beyond populations in those areas which a doubt they do not play their aren't exposed to no hitters and best ball on an artificial surface. ninth-inning rallies all summer The Yankees entered the long. (Not to mention the kind of playoffs with three things going divisional race to which we have against them they played all been subjected since mid-July). without the rest which the Royals There is no doubt every had prior to the playoffs, they Yankee (or Red Sox) fan who played without Willie Randolph watched the playoff game for the and were thus forced to start a Eastern Championship ended the relatively inexperienced rookie on game a little lesVstable than when the artificial surface in Royal he or she began. Such games have Stadium where Randolph's extra to take their toll on the fan, speed and reflexes might have maybe more so than they take on been invaluable, and they were the players, because the fan really forced to go without Guidry in has no control over what's the starting game, a factor which happening. The players arc so would have given Kansas City the involved with the pressure and psychological edge. with the necessity of hitting or But even as I write this, the fielding the ball they don't have Yankees are the proud owners of time to get nervous. a 7-1 win over Kansas City in the Jerry Gerard, the sportscaster first game, so it appears none of for WPIX in New York (who is a the handicaps mentioned above show unto himself) brought the had much of an impact on the whole pressure thing into team's performance. Anyway, by - perspective when he commented on the tension created by the Red Sox in the bottom of the ninth of the playoff game. Gerard said he himself was so drained he "checked the local hospitals and found that during the bottom of the ninth the birthrate in New York went up 8%, 6% among women who were already pregnant." That just about says it the time you read this, the playoffs will be history. No matter what happens, no one will be able to take away from either the Yankees or the Red Sox the fact that they won more games than any other team in the major leagues (although I think it does take a better team to make up a 14/2 game deficit than it does to blow a 14'/> game lead). My roommate was astonished that I could let my last column go by without any mention of the Ali-Spinks fight, and when I tried to explain to him that I know nothing about boxing (apart from what I learned watching Paul Newman play Rocky Marciano in "Somebody Up There Likes Me") he said I shouldn't have to know anything about a sport to write about it, if I'm a good sports writer. I did at least watch the fight (on a second television set poised carefully above the one broadcasting the Yankees-Red Sox game from Fenway) and it didn't seem to be the aggressive fight I would have thought the heavyweight championship should be. But it was an interesting fight The rear guard surrounds the refreshment table at the Dean's October from the standpoint that both Bash. Guests were treated to spirits, munchies and the Yankee's 6-5 fighters appeared to be trying to victory over the Royals. break out of the molds they were cast in after their last bout. AM From the Stacks seemed to be working hard to convince everyone that he wasn't lazy and over the hill; Spinks was trying to be more than just the young punk who beat up on someone who wasn't really trying. on reserve are course related items by Karen Spencer Well, Ali succeeded and Spinks specially requested by faculty and didn't. Ali looked to me as if he prior exams. This morning on the radio I had a lot more stamina than The Circulation/Reserve anyone ever suspected was left in heard about a woman in Department could not function him. And although I'd love to Bloomington, Indiana who was without its many student have Spinks on my side in a street jailed for not returning twenty assistants. They tirelessly fetch fight, it appeared to me that he aooks to the University library or books from the reserve collection, has very little finesse in a ring. paying a $300 fine. I guess reshclve books in the stacks, file Somebody remarked that he libraries are getting desperate but in a multitude of looseleaf fights almost as well as he drives, sublicity like that does not do services, fix copy machines, which doesn't say much lor his nuch for public relations. We answer the same questions technique. In any case, as much as nave never jailed anyone for repeatedly on both library and I disagree with some of ibusing their borrowing privileges non-library subjects, and generally Muhammed Ali's views on life, but we have been known to notify perform a vital information liberty etc., I think he has a lot the bursar to checkst op an service. Shirley Choises maintains the more class than Spinks and he individual's registration. We have" gives better interviews too, and as ilso been known to negotiate a reserve collection. With different far as I am concerned those are as icltlcment our circulation staff courses being offered every good reasons to be heavyweight can be very friendly. semester, there is a complete And that brings me to the change of items which faculty champ as any. subject of this week's From the place on reserve. So that students Stacks: the Circulation/Reserve know what is kept on reserve, Qcparlmcnt. It occurred to me Shirley makes a list which is kept that library users see only the in a notebook at the desk. barrier of the circulation desk. I Bettc Waif is responsible for use that term both literally and Interlibrary Loan service. Being figuratively. I thought it would be the only major research law helpful to go behind the scenes library in western New York, we this week and sec what really goes receive numberous requests from on back there. other libraries to borrow It is obvious that this area Is materials. Bette also handles the hub of library activity it is requests from law faculty and where you check out and return students who need to borrow books. Loan policies are discussed materials from other libraries in the library guide, a handout when our collection cannot meet available at the desk. We maintain their needs. Interlibrary loan a manual record system so we request forms are available from know who has what and when it is the Circulation Desk. due. We accept renewals by phone Carol Newhouse is the night but will not disclose borrowers' circulation clerk. In addition to names as a matter of privacy. As overseeing day to day operations the main service point, lost and during the evening hours, Carol found and keys to student keeps the circulation records organization offices are located up-to-date. here. Mary Ann Wachowiak is head The Reserve Collection is of the Circulation/Reserve another major function of this Department supervising all department. It consists of high use operations, staff and student items like: treatises, casebooks, assistants. Any problems or hornbooks, dictionaries, questions with policy or looselcafs, New York materials procedures should be directed to such as McKinney's, New York Mary Ann. Jurisprudence and formbooks, No -we won't send you to jail current federal finding aids.such and will try not to create more of as US Law Week and a barrier than the physical "desk" Congressional Index, itself. If there is anything you restatements, and current law would like to know, just ask! If reviews. The permanent reserve you are too shy to ask in person, collection is a common feature of put it in writing by using our most law libraries providing Bitch Tickets available at the equitable access to all users. Also Reference Desk. Looking Behind the Desk At Circulation/Reserve ta/fetr 1979 Books Are Here! All 1979 & 1980 Gradudtes Who Have Paid OR Wish To Pay Their $100 Deposit May Pick Up Their 1979 New York Volumes. ANYONE WHO HAS NOT REGISTERED WITH BAR/BRI SHOULD CONTACT A BAR/BRI REPRESENTATIVE BEFORE OCTOBER 31. October 12 Opinion 7 �Panel Gives Views On Public Interest Practice continuedfrom page one pointed out, much of the Center's attorney for six weeks. work is directed, against From that inauspicious government policies and beginning, the Law Center, which programs, a great deal of care handles local problems only, now must be taken when a staff supplements $40,000 in annual attorney prepares to speak out contributions with CETA, VISTA, against a governmental unit which state contracts and donations of is funding the Center. services to meet its annual budget It appears government grants" of $150,000. Meyerson "attributes and support provide a means for the success of the Law Center to creating a public interest law four factors: (1) an ability to get center. But Alex Polikoff, of support from leaders of the Business and Professional People Arizona Bar and the ABA; (2) for the Public Interest in Chicago, support from key liberal members Illinois, has established a very of the Bar; (3) the careful successful public interest center choosing of litigation so as t< vvith no government aid at all. establish credibility in the Two thirds of the BPI budget is community; and (4) the provided by foundations which willingness of the staff attorneys support the goal of a public to take the risk of working with interest law center. The remaining sacrifice and without the security third is provided from contributions of business and of an established law firm. The Public Interest Law professional people in the Chicago Center, in addition to providing community. Mr. Polikoff has legal services in the fields oi found by reaching beyond the utility ratemaking, consumer law legal community and into the and law for the elderly, also business and professional provides non-legal aid in community as a whole, he has substantive areas of the law. The been able to fund a staff of four ability of a local public interest full time attorneys who provide Jaw center to branch out into their services on an impact basis. Michael Tiger and Ramsey non-legal substantive areas is not unique to Arizona. The Center for Clark have been able to provide Public Representation in Madison, legal services for the public Wisconsin also provides advocacy interest, not by seeking training and research programs in contributions or grants, but by addition to its legal services. acquiring funds from the legal Louise Trubeck, Executive system itself. Clark's law firm, the Director of the Center, noted that Legal Services Corporation, is a although the Center was similar to business comprised of four Meyerson's, her's exists more as attorneys, operating in New York an alternative to help fulfill legal City. Clark's philosophy is that if needs rather than as a law firm. taxes, contributions and rich The $520,000 annual budget people will not pay for legal for The Center for Public services for those who cannot Representation is paid only in afford it, then lawyers themselves small part (15 per cent) by private must bear this burden. contribution. The remainder of The attorneys at the Legal the money is found through Services Corporation divide their contracts with all levels of time into thirds. One third of government. Because, as Trubeck their .time is spent in the practice _ — ———————~-—^^^^^^^mm^^^mtAmmmmmmmmmmmmummmm!t!mmwmKmmi I. to r.: Thomas Headrick, Marshall Breger, Jacob Javits, Alan Carrel backing by any recent law school graduate. His calculations begin with the assumption that four attorneys just out of law school have the capacity to borrow a total of $50,000. Half of this capital must be used for initial starting costs. Figuring approximately $16,000 per supplemented by providing month, or $192,000 per year is services to groups. Each attorney needed to run the law practice, has an income of $50,000 a year, the remaining $25,000 of capital which, Clarks points out, is the provides a 35 day "float". If the attorneys charge the salary earned by a judge. average fee of $75 per hour for Tigar's Washington, D.C. based their services, 2560 hours or 640 law firm operates on a principal hours per attorney are all that is similar to Clark's. In Tigar's firm, required to maintain the law 40 per cent of the work each office. Thus, if each attorney does attorney does is devoted to free 700 hours of legal work for the cases, primarily those directed $75 an hour fee, each attorney against secret police. Tigar will be able to spend suggested this type of public approximately 40 per cent of his interest practice can be entered or her time on pro bono public into without any major financial interest matters, make an of law at standard rates, approximately $100 an hour. One third of their time is spent on representing those who cannot afford to pay the full rate but who do not qualify for free services. The remaining one third of time is devoted to pro bono legal work. The practice is often paulsuozzi adequate income and pay back the initial loan. If all observers of the seminar did not leave with" a renewed feeling of obligation and a desire to work for the public good, at least we all left convinced that if we would, we could. A system of public interest law can only be as successful as the environment in which it exists. The problem is not making it possible to maintain a public interest law firm but to convince an attorney to participate in it. Ramsey Clark summarized the problem when he noted this system of public interest law will not work until the values of attorneys have changed. Attorneys must stop thinking in terms of acquiring masses of money, and must instead consider allocating their time so as to best serve the public interest, Clark said. Program Praised But Questions Remain -continued from page one advertised when the school tries to recruit minority students." "The school should tout it; it's a drawing card for the school," said Armstrong, who was involved in recruiting students last year. Presently, the classes are being taught by Professor Joseph Laufer and the teaching assistants for Professors Marforie Girth and Paul Spiegelman. Laufer, who has been involved in the program since its inception, expressed some degree of satisfaction with the program, but feels that a number of crucial questions have to be answered. "The minority program is off to a very good start. However, nothing is fully satisfactory, and there is always room for improvement for what we're doing,"said Laufer. "I see these people constantly and keep tabs on what they're doing. I probe their minds to see if they understand what they're doing. These students are very serious," said the veteran professor. Laufer expressed concern that there didn't seem to be any clear policies on minority admissions. "There is an insufficiency of 8 Opinion October 12 thinking around here. The faculty committee and the Dean must come up with clear cut policies on the question of minority admissions. I'd like to see the faculty collectively sit down and talk about the reaction to Bakke. Who is educationally disadvantaged? How many students can we take into the program? What are our resources," said Laufcr. In regard to the number of black students in the law school, Laufer said, "It bothers me greatly the small number of black students that we have. Honest efforts are being made, but we have not been successful in attracting the numbers that we should." "Why don't we have more blacks and people who were born here? We have to define minority. Is it the handicapped," asked Laufer, "or the increasing number of Mexicans who are coming into this country? Where do we draw the line?" "What's the limit on equality, and to what extent is the state responsible for equality? How much do we owe the blacks and the Indian? These are the questions we must address," added Laufer. ENROLL BEFORE OCTOBER2O forSummer New York Bar Exam Manno-josephson/BRC Hiiii^Hlßimii BEST OF BCfTH WORLDS IMOI«OAD«*AV SUITE 501 M* Vo»« MfW VO«K 10036 21! J3O-TJ49 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-10-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/12/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b01b0747131101e26de725f4b1d9e5fc.pdf 2f6c03cbb4500357a50e1ade4002d947 PDF Text Text Nori-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 19, Number 2 Opinion State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 September 28,1978 Minority Admissions Drop; School's Effort in Question by Jay Marlin Editor's Note: This is the first of a two-part series dealing with minority admissions and the legal methodprogram. of first year law students, with the number of black students representing 2.3 per cent of the total first year class. For all three classes in the law school, the figures show out of a total student population of 750, there are 39 minority students (5.2 per cent), of which 24 (3.2 per cent) are black students. "There is no question the admissions committee cut down on the numbers accepted, because we weren't getting the quality of student we wanted," said Charles Wallin, registrar, associate dean and permanent member of the admissions committee. Headrick agreed with Wallin's assessment. "People either dropped out quickly or hung on barely. The attrition rate was extremely high, and a very high price was paid personally by those people. We don't want that to happen again," he said. Since that time the number of minority students has remained fairly stable, with the period 1975-1977 showing an average of 14 minority students enrolled per year. "Looking at the results, it's not a sincere effort to increase the number of enrolled black students, and that insincerity begins right at the top," Jerry McGrier, president of Black American Law Students Association (BALSA). "They're just wrong. If there was a way to do it we would, but we're doing a good job, given the constraints that we operate under," Dean Thomas Headrick. Despite a stepped up recruiting effort over the past year, the number of minority students enrolled has dropped to half of what it was five years ago. Opinions vary sharply among the top administrators of the law school and students involved as to the reasons for the low figures, the efficacy of the law school's efforts and alternative approaches in trying to increase the number of minority students. Of particular concern to (the students and some of the administrators is the declining number of black students directly challenging the administration's sincerity in seeking more black students. The number of minority students admitted into the law school has dropped dramatically since the early 19705. In 1973, out of a first year class of 322, there were 38 minority students, followed in 1974 by a class of 296 students, in which 16 minority BALSA President Jerry McGrier students were enrolled. On August 28th, 262 students began their first year at UB law school. Included in that total were 17 minority students, of whom six were black. The 17 students represented by Mike Buskus 6.5 per cent of the total number The Registrar's office has recently compiled a breakdown of the distribution of H's by frequency of occurrence for the Class of 1978. That list (reprinted in table) is now furnished to — — "We've gone from the stage of accepting a lot of students to when we didn't accept as many, and now we're trying.to stablilize that figure," said Allan Canfield, assistant dean and administrator responsible for recruitment of minority students. "The number of minority students here is very low, and what we've been trying to do is to better the recruitment," said Canfield, who noted during this past year out of 192 minority applicants, 54 were accepted, but only 17 actually enrolled. The problems cited by Canfield and others range from Buffalo's geographic position, the lack of money available for recruitment, a lack of financial assistance and a lack of public relations on the part of the university to publicize the law school. William Greiner, associate dean and chairman of the admissions committee, views the problem of attracting more minority students as part of a greater law school Newly Elected First Year Directors: Ito r: Michael Rosenthal, Davis Guy, Jay Marlin, Jay Mintzer Leavy Wins Bid For Presidency by Paul Bumbalo Tony Leavy, a second-year student, was elected president of the Student Bar Association last week by capturing 50 per cent of the vote in a three-way race. Leavy defeated Claude Joerg and Madeline Bernstein for the position vacated last spring by Andrew Cosentino. problem. Former first-year director J. "Given the pool of applicants Ted Donovan became the SBA's we get, I am satisfied with what new secretary by receiving more we're doing, but I'm not happy than the necessary one-third of with the applicant pool, which is the votes cast. Running weak. I think the problem with unopposed, Donovan won the the pool of minority students is post he lost last spring to Rich the same problem with that of the Bedor. Bedor resigned this fall to majority of students, and that is create the vacancy. that this law school is the best In addition, Sherman Kerner kept secret in the state of New and Debbie Humphrey were York," Greiner said. elected as second-year directors to "Lots of people think Buffalo fill vacancies created by is a terrible place and they will go resignations. Former secretary to Albany and Syracuse. We have Bedor lost in the close three-way no public relations because most race. of the money around here goes Six first-year directors were into the building program, and also elected. They are David Guy, there is a reluctance on the part of Jay Marlin, Jay Mintzer, Michael continued on page 4 Rosenthal, Michelle Silver and - Grades: Are We Being Ranked; Will Employers Take the "Q"? Dean Thomas Headrick employers requesting explanation of Honors grades. Wallin declined to interpret the chart, believing it to be self-explanatory. He insisted, however, that it does not actually rank persons, but rather only gives a person a realtive approximation of where he or she is in class, based on the number of honors grades received. In a related development, Dean Headrick has revealed that a new policy statement will soon be attached to transcripts. Last spring the Academic Policy and Program Committee (APPC) approved the general idea of furnishing employers with a more complete explanation of our grading system. Dean Headrick drafted a proposed letter, which was submitted to the faculty this summer for consideration as a committee of the whole. Apparently this letter has not generated substantial comment or opposition. The explanatory letter is scheduled to be circulated with transcripts sent out after October 1, 1978, unless the Dean receives objection from the Faculty. Although the precise contents of the letter were not available at press time, the following is known to be covered in the letter: there is an indication of what the historical distribution of grades has been in the separate categories of H, Q, D and F. Wallin and Dean Headrick compiled.the data which formed the basis of this letter. When asked about the prospects of this letter of explanation being incorporated in official transcripts by the October 1 target date, Dean Headrick replied that there was a "high likelihood" that this proposal would be implemented as scheduled. — continued on page 3 Leslie Wolfe. Three positions remained unfilled after the election because of a plague of resignations and a lack of candidates with, valid petitions. The posts of SBA treasurer and two third-year directors remained unoccupied. About half the student body, 373 students, participated in the election. Although "write-in" ballots are permitted by the SBA constitution, two write-in candidates for treasurer were unable to secure the one-third plurality necessary to win. Of the 373 ballots cast, 225 left blank the space for the write-in treasurer vote. Many of those who did write in a candidate voted not for fellow students, but for others like Professors Schlegel, Konefsky and Mann. According to Leavy, his victory was due to his taking a stand on the issues. By focusing his campaign on the issues, he said, citing his letter to the editor in the September 14 issue of Opinion, he showed his willingness to take charge and tackle problems. Leavy said he wants to dispel the notion that the only thing the SBA does is to hold elections. "There are so many things that need to be done," the new president said. "There are internal organizational problems, selection of students for faculty-student committees in addition to problems like fee waivers." "We have to get the SBA functioning again," said second-year director Kerner. First-year director David Guy reflected the enthusiasm of the newly elected officers by declaring, "We have to get directly involved." Leavy said he would decide shortly whether to hold another election to fill the three remaining vacancies or fill them in some other manner. �Vol. 19, No. 2 September 28,1978 Letters To The Editor heavy Thanks Voters and Plans Ahead Editor-in-Chief Jason Poliner To the Editor: Managing Editor Randi Chavis I want to take this opportunity to thank all the people who voted Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Staff: Steve Blumberg, Bill Brooks, Mike Buskus, Maria Colavito, Carol Gardner, Jay Marlin. Contributors: Paul Bumbalo, Lee Day, John Gruber, Dennis Harkawik, Jim Maloy, Alan Nadel, Melanie Pierson, Jean Powers, Steve Silverstein. Copyright 1978, Opinion, SBA. Any rcpublication of materials herein is strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition & Design: University Press at Buffalo for me in this Presidential election. Their vote of confidence and mandate is greatly appreciated. I want to especially thank Stu Haimowitz, who was a great help in my election. He was always there when I needed some extra help. Gladys LaForge also deserves special thanks. As Election Committee Chairman she did an excellent job by running a reorganized, appoint student members to the faculty/student committees, be active in any they were run. No one can grading change, increase our criticize this election. Gladys, efforts to attract minority students and faculty, start our thank you. SBA has a lot to do and, with lobby campaign, etc. I cannot the help of the rest of the Board accomplish these things by and the whole student body, we myself. They need the help of all can accomplish a great deal. I ran our students and I will be calling for election on issues and now, on students to help. Together we that I have been elected President, can do a great deal. Again, everyone, thank you I want to do something about these issues and get the SBA very much. moving again. This is what we Tony Leavy have to do: get the SBA very fair election. Past elections were open to criticism for the way Bissell Pledges Fair Representation keeping a close account of monies that are being spent. If I am elected treasurer, I intend to fulfill this responsibility. In the past I have served as a first year director on the SBA (1977-78). as a student representative to the UB Law School Academic Policy and Planning committee. on the Distinguished To the Editor: Visitors' Forum, a committee that is responsible for bringing speakers to the Law School. as a job analyst fsr the city of Louisville, Ky., a position in which I was responsible for helping administer that part of Louisville's budget that provided wages for municipal employees. as a student representative to the Minority Student Program committee. I have been concerned with insuring fair representation in government for all people. While I worked for the city of Louisville, I helped design the city's affirmative action hiring plan. Last semester, while at the Law School, I circulated a petition that was signed by law students and presented to the SBA protesting the unfair election practices campaigning near the polls; closing the ..polls during hours, pf voting that had been engaged in the elections in the spring of this year. The result of my work is evident in this year's elections. The SBA Election committee issued election rules to each candidate, and it has taken steps to insure that the polls will be open during thehours posted. If I am elected, I will bring this concern for representative government to the SBA. I will bring also, to the position of treasurer, the experience I have with administrating a budget. I urge you to write my name in for SBA treasurer. I would like to ask you to write my name in for the position of SBA treasurer. I am interested in this position in student government because I am concerned about the- past misuses to which your student monies have been put. In large part, the Minority enrollment at the law school has fallen to embarrassing SBA treasurer is responsible for and inexcusable depths. The exact reasons for this travesty remain, at best, amorphous. The importance of a fully developed minority recruitment program cannot be overstated. To responsibly review this program's performance we must select a reliable criterion. The only means of accurately assessing the program's success is to look at results. Sincerity, good intentions and good faith efforts cannot represent the ends to which a recruiting committee strives. It can only To the Editor: be among the means employed to effectuate the ends: an increase in Thanks to the people who is appreciated. the minority enrollment at this law school. wrote No one was elected SBA in my name for SBA The only conclusion to be drawn from the absence of such an increase is that the minority recruitment program has failed miserably. Treasurer. The vote of confidence Treasurer and a run offelection is now necessary. I ask your support The number of minority students admitted into law school has in this new election. My dropped appreciably since the early 19705. qualifications; This year's first year class of 262 consists of six black students. To this we must add 11 non-black minority students to arrive at the grand Treasurer of my Social total of 17 minority enrollments. Fraternity Ist & 2nd year of college. We are not suggesting that the administration is idly standing by Financial Director of the and watching minority admissions plummet into oblivion. This would Opinion heartily welcomes Buffalo Jaycees be both unfair and inaccurate. 1976 & 1977 contributions to the editorial Certified Public Accountant The administration is comprised of several talented individuals; page. Express your opinion on State of New York individuals who are in a position to effect change. When a number of matters concerning you, youf such people unite for the purpose of effectuating a common end, only Six years of work experience as fellow students and the legal an Auditor results can accurately reflect performance. community at large. The amount of energy and hard work is incapable of evaluation by 2nd year Law Student, Graduate of Section No. 3. those outside the administration. The larger class of students, faculty Letters should be typed, 70 and the community cannot witness the day to day efforts and characters to a line, double The SBA Treasurer is consequently can only judge performance on the basis of spaced and submitted to the for safeguarding over responsible accomplishments. Opinion office, room 623. $25,000 of your money. The In addition, it seems contrary to the survival of such a program to Letters must be signed, though office needs a professional. have a faculty as homogeneous as ours. The minority voice would names will be withheld upon clearly be better represented if qualified minority professors were request. Letters should be Tony Cardarelli CharmaineBissell added to the now "lily-white" faculty. concise and will be printed This homogeneity at the faculty level tends, inevitably, to breed an according to space limitations. equally homogeneous student body. The beginning of a viable minority recruitment program must begin at the faculty and administrative level. Announcements and Various reasons are suggested for the low minority enrollment organizational news are also "Under carefully controlled conditions, figures, such as the law school's geographic location, the University's welcomed. The same typing humans behave as they damned well please. " failure to publicize the law school, and a reluctance on the part of the and deadline requirements Harvard Law of Behavior State to publicize for fear of offending the private law schools at apply. Albany and Syracuse. Reasons merely serve to justify the figures and are not sufficient. The administration continues with each passing year to outline the fc'oot> ,'v4 (=°~ various new proposals designed to resolve these problems. The numbers THIN6«. OML y PftN(C seem to indicate that they have been continually failing. Oft e b^y flTr, T^4 r»^^S Their efforts appear to be increasing. While only visiting six or seven schools last year for the purpose of recruiting, they plan to visit 10 or 11 schools this year. For this they must truly be praised. However, if the University and the State refuse to turn a sympathetic ear then perhaps the only way to deal with this problem is internally. Perhaps the students of this law school have to make their ethics clear. The administration is comprised of many sincere and dedicated individuals who would be receptive to a resounding call from the student body to improve the minority recruitment program. And among those many voices perhaps there will even be a suggestion or — — — Editorial Lily-White Isn't Right — — Cardarelli's Position: Office Needs Professional ...... Contributions Welcome . are':'1' - - - — — Quote of the Bi-Week — « \ two. We implore the members of the SBA as the formal voice of the student body to place among their top priorities the improvement of minority representation at the faculty and student levels. To those students who do not wish to use the SBA as their effective voice use your own. • — Opinion 2 September 28,1978 **** • , , V �A Worthwhile Experience Grades for Class Competing For Moot Court by Steve Blumberg experience was worthwhile. "I think it was worthwhile The annual Charles S. because I learned research Desmond Moot Court techniques and overcame the Competition, which serves as the jitters of making oral arguments," basis for selection to the Moot Cashmore said. "It gave me a Court Board, will get underway jump on the research and writing next Thursday with the course to be taken in the second distribution of this year's semester," he added. The problem. The competition will preparation involved between the culminate in November with final date of the argument problem is oral arguments before a panel of handed out (October 5) and the distinguished judges. commencement of the first Among the judges who already preliminary oral round (November have agreed to come are U.S. 14), "involves a substantial time District Judge John T. Curtin of commitment," Cashmore said. the Western District of New York, The preliminary oral rounds, to three current Judges of the New be argued on November 14, 15 York Court of Appeals and and 16 in the Moot Court, will be Charles S. Desmond, UB Law judged by local attorneys, faculty School alumnus and former Chief and possibly some New York City Judge of the New York Court of attorneys. The reason President of Appeals, for whom the the Alumni Association Everett competition was named. M. Barlow is trying to attract "Big The top 20 performers in last Apple" attorneys is to give the year's competition, four of whom law school added exposure to were freshmen, were selected for New York City law firms. membership to the Moot Court In regard to Manhattan law Board. Tim Cashmore, one of the firms, Cashmore said, "If we show freshman to be chosen, thinks the them the quality of our moot court competitors, which would hopefully be good, this would help the Placement Office." "Most employers look tor evidence of written expression ability in addition to thinking ability," Cashmore said. "Oral expression, which is valuable for litigation, is best obtained in Moot Court. There's no better place to get it." Cashmore also pointed out, "Writing samples are sometimes required by potential employers." A theoretical maximum of five people will become instantly distinguished at the conclusion of the competition. One award will go to the best team, another award to the best individual oralist and the last award will be bestowed upon the team with the best brief. Once the Moot Court Board has been formed, teams of two or three board members will take about one trip each to various competitions in the northeast. The serious competitors aim for the National Moot Court Competition, held in New York City around January. "The Nationals are the biggie," Cashmore said. "They are sponsored by the Association of the Bar of the City of New York. Before reaching the nationals, you must be victorious at the Code and Cases), Trade Regionals in Boston," Cashmore Regulation Library (Federal Trade explained. Commission Decisions and Cases) Getting back to the Desmond and the New York Library. Competition, the problem to be Then the student 2. types in argued was devised by five words that he or she thinks may members of the Moot Court appear in a case or in a state code. Board. The problem is designed to The computer will then print appeal to both plaintiff and out all the citations for cases in , .":„ ~, . ; defendant.^ which the word appears in that "The problem is hopefully library and file. equal numbers LEXIS won't replace structured so that traditional research and that is the of teams will desire to argue each "Regardless, reason why the system will not be side," Cashmore said. taught to first year students until each team will argue the other after they have become proficient side one out of three nights," he added, referring to the three at traditional research methods. year Second and third students nights of preliminary oral rounds. Prior to the preliminary oral will be taught in special classes. rounds, there will be practice The classes will introduce the students to the keyboard and rounds which don't count. These instruct them in Boolian logic (a practice rounds will be judged by logical system which uses the Moot Court Board. There will be an open house in "and/or" and "but/not" analysis). The LEXIS computer terminal the Moot Court Lounge on will be located on the fifth floor September 28 from 2 to 5 p.m. of the library in the audio-visual The lounge is in Room 8 in the department. Some, procedures will basement hallway behind the be established for use by students Moot Court Room. Board and, faculty members. Anyone members will be available to using the computer will have to answer questions. Coffee and donuts will be served. have a valid I.D. card. LEXIS Brings Law School Computerized Research by Carol Gardner LEXIS is coming! No, it's not a new disease, movie monster, rock band or law professor. Lexis is a computer-assisted legal research service to be leased from the Mead Data Control, a subsidiary of the Mead Corporation, by SUNY for the law library probably beginning sometime this semester. According to Associate Law Librarian Kathy Carrick, who wrote a justification for leasing the service in the spring of 1978, the service will be of great benefit to the students in broadening their research skills and of great benefit to the library by rounding out the library's collections of lower state court opinions as well as some special federal collections. Professor Wade Newhouse, Law Librarian, said, "We're pleased that through the cooperation of the Director of University Libraries, Mr. Saktidas Roy, that we were able to add LEXIS to the library sources. We're confident that it will not only prove valuable in adding a new dimension to .the instructional program for the students, but that it will also provide a number of the fac.ulty a useful research tool." He emphasised it was the result of the cooperation between Mr. Roy and Dean Headrick that the full financing of the venture was achieved. "It took special effort and an understanding on the Director's part of the law school's needs and sympathy for filling these needs," he said. The Council of SUNY is expected to approve the contract soon and the librarians hope the computer will soon be in service. LEXIS, once installed, will work this way: 1. The student selects the names of the library and file he or she wants to search. Examples of the libraries include Hhe General Chesterfield Smith Federal Library (United States ., available 5 19 25 17 - 25 24 18 19 21 19 11 15 16 7 7 6 6 2 3 1 1 0 0 119 59 30 27 9 10 4 2 0 1 0 0 0 0 0 0 0 at students students students students students students students students students students students students students students students students students students students student student student student this time. had had had had had had had had had had had had had had had had had had had had had had had students had students had students had students had students had students had students had students had students had student had students had students had students had students had students had students had students had 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Ha H Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs Hs 0 Ds, 1 D , 2 Ds, 3 Ds, 4 Ds, 5 Ds, 6 Ds, 7 Ds, 8 Ds, 9 Ds, 10 Ds, 11 Ds, 12 Ds, 13 Ds, 14 Ds, 15 Ds, 16 Ds, . 0 ■ - = 19 50 51 ■ » • *■ - ■ ■ • »" 100 120 108 133 168 171 110 165 192 91 98 90 96 34 ■ •» = 19 20 0 0 « • ■ , F«, F Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, Fs, ' -• 54 ■ 1889 or or or or or or or or or or or or or or or or or Hs earned by 261 students - Us = Us Us Us Us Us Us Us Us Us Us Us Us Us Us Us = = u " ■ = ■ = ■ « ■ ■ ■ » •» 0 59 60 81 36 50 24 14 0 9 0 0 0 0 0 0 0 333 Ds earned by 261 students Grade Explanations Available To Employers - continued Irom page 1 Crosby and According to Helen Linda Nadbrzuch in the Office of Admissions and Records, the following explanatory material is printed on all transcripts: "H: Honors, superior work; Q: Qualified, satisfactory performance; 0: Marginal credit; F: Failure, no credit, below minimum levels of acceptance; S: credit special |Law Review, Moot Court, BLP, clerkships|." Nothing whatsoever about rank in class is mentioned on the transcript. Registrar Charles Wallin explained the official reluctance to engage in. the ranking process: "Our whole grading system and our whole philosophy prohibits ranking." Wallin stated that the only official policy relating to grades is the custom of bestowing the "cum laude" accolade upon graduating seniors with more than 50% H hours minus D hours. Wallin expressed the view that UB To Host ABA Public Interest Law Conference The Bar Association of Erie County together with the State University of New York at Buffalo School of Law wilt host the American Bar Association sponsored Model Public Interest Law Conference. The Conference will be held on September 29th and 30th. The purpose of the Conference is to provide a dialogue among members of the bar, judiciary, academia, government, business and the public as to how the needs of the public may best be served by, the legal profession. One major goal of the Conference is to encourage private practitioners to become involved in public interest law as a part of their practices. Additionally, the of 1978 Figures are based on 261 student record cards which were Erie County Bar Association plans to organize a public interest law firm in Buffalo. The list of Conference participants include U.S. Senator Jacob Javits, Former U.S. Attorney General Ramsey Clark, Chesterfield Smith, Past President of the American Bar Association, Rev. Geno Baroni, Assistant Secretary Department of Housing and Urban Development, and Thomas Ehrlich, President Legal Services Corporation. Co-sponsors of the Conference include the New York State Bar Association, the Monroe County Bar Association, and the Onondaga County Bar , Association. . it is in the best interest of the majority of students not to have a ranking system. Furthermore, he opined that the existing grading system without ranking was adopted largely as a result of student initiative, having been urged upon the faculty several years ago as a reaction against the numerical system with decimal point precision ranking. Wallin contrasted Buffalo's grading system with the mechanism used at Columbia, which has four separate grades above the level of unsatisfactory. Wallin concluded that such stratification fails to help the majority of the class that is not in the uppermost tier. The present grading system has been of considerable concern to second and third year students searching for jobs. They are frequently confronted with demands from prospective employers for an applicant's rank in class. This la,w school, however, has an. official policy of not ranking students. Nevertheless, some law firms and government agencies that post notices of openings with the law school's placement office limit their interviews to the "top 10%" of the class. Without a ranking system, it is impossible for students to know precisely what their position in class is. Similarly, students who estimate their rank on their resumes may be unable to document such claims. Action currently pending by the Administration may remove some of that ambiguity regarding the grading system. If the Administration proceeds to plan, prospective employers will receive additional clarifying information beyond the official transcript of grades. according September 28,1978 Opinion 3 �Priority of Minority Enrollment Called Into Question continued from page 1 the state to publicize the law school for fear of offending the private law schools at Albany and Syracuse;" he said. Canfield agreed Buffalo's bad image definitely plays a role in making it difficult to attract more minority students. In a survey by Canfield's office of people who took the LSAT in New York State last year, it was revealed the major objections to Buffalo were its location and climate. "This is a first rate institution, but our image problem is important," Canfield said. The need to recruit was a recurring theme among those interviewed. "What we could do better," Headrick said, "is to offer more . being sent to all pre-law advisors in the Northeast; a minority conference will be staged by the law school in New York City with 40 to 50 schools invited, and the law school will participate in a minority conference at Cornell. Also, according to Greiner, a with Assemblyman Arthur Eve has been scheduled for later this month to discuss increasing the number of minority students at the law school. "If we work hard," Greiner said, "the minority students pool will have to go up like the majority students pool." This view is not completely shared by McGrier, Pat Armstrong, vice-president of BALSA, or Wayne Alexander, co-chairman of the Asian-Puerto meeting "We recognize the minority student doesn't come close to the LSAT score of the majority students... we're not going to find many with 600 LSAT scores; Harvard and Yale's got all of them... " Charles Wallin admissions. I'd expect then that we would get the same return rate, but from a larger number of students." BALSA president McGrier agreed with this portion of the dean's assessment, but here too there was some disagreement. "Too much burden is put on the students for minority recruitment. We are full-time students and I don't think once again the administration has a serious commitment to this accepted task," McGrier said. "We've never recruited for any students. We need to start recruiting in general, and for minorities in particular. Last year, we visited six to seven schools, and the number of minority applications was up," Canfield said. "What is needed is to increase the size of the applicant pool, so students don't come out of here cut out of one type of cloth," he added. Canfield will visit 10 to 12 schools this year. In addition, information on the law school is Rican Law Student Association. "There is no consistency among the administration towards minority admissions, but there are plenty of differences of opinions," Alexander said, who added decisions seemed to be made on an ad hoc basis. Alexander said it seemed to him the law school was looking for students with 650 LSAT scores and 3.6 GPA's, which he viewed as unrealistic since BALSA V.P. Pat Armstrong students with those scores were going to Columbia, Harvard, or NYU. "They say 'Heh, you should be happy there are 17 minority students,' but they don't say there are only six black students," said Armstrong, who served on the admissions committee last year. Of her experience on the admissions committee, Armstrong said, "I'm fed up. After all of our work, what came out of it was nothing. We had chosen 10 people who we thought should come here, and those selections were vetoed by Greiner and Wallin. tye followed the procedures, and then they did the opposite." "Affirmative action is only on paper. I don't see any overt action to recruit black students, by looking at the numbers that have enrolled. Minority means to them everybody not white and I think a distinction has to be- made to really recruit black students," McGrier said. The opposite view was taken by the dean, who countered, "I don't distinguish between black students and other minorities. I don't see any reason to single them out." Relations with the Dean seemed to be a sore spot with McGrier and Armstrong. They said the only time they got to see the Dean was after "incidents." "The Dean has never come to us," Armstrong said, "we always deal through Canfield, and he is sincere, but he can't do anything." The black students suggested a key element to increasing the number of black students would benhe appohrWWW df^WJiek dean, and minority faculty members of which there are none. According to McGrier there is a serious effort underway to hire a black professor, however. "I'd like to see appointed a black dean to specifically recruit minority students; the white administrators no matter how sincere just cannot relate to the problems of black students," McGrier said. Again, Headrick took a hard, and I don't detect any insensitiveness there." The problem of visibility was also raised by Canfield, who said, "We've had faculty members in the past who felt some need to work with the minority students, and now they're gone, and since we don't have a single minority faculty member, we have a real visibility problem." The Supreme Court decision on Bakke should have very little effect on the admissions process at the law school according to Greiner, who said, "We are square with Bakke. Bakke said race can be a factor. We know minority students are underrepresented in the legal profession, and that is why we use the discretionary power to admit such students." This was confirmed by Wallin, who said it would be "almost impossible" to have any minority students if they weren't given "somewhat preferential" treatment in the minority category. Wallin cited a much lower LSAT score, and a lower GPA score as the reasons for the necessity of having the somewhat preferential treatment. "Affirmative action • • • Contact: Ted Firetog 836-6291 See your PU campusrep or write or telephone: any overt action to recruit black students..." Jerry McGreir "We recognize the minority student doesn't come close to the LSAT score of the majority students. Whatever the reasons, it's there; we're not going to find many blacks ,or Puerto Ricans with 600 LSAT scores; Harvard and Yale's got all of them," said the registrar. "We've never have had a target figure. We'd like to have more minority students. Every law school and corporation has this problem and everyone is competing for the best. If you're not going to educate them, how do you get the numbers? We certainly want to do more for minority students, but we can't Practising Law Institute 810 Seventh Avenue "If we work hard, the minority students pool will have to go up like the majority students pool." William . New York, N.Y. 10019 (212)765-5700 - The Practising Low Institute a nor-for-profir educational insrirurion chartered by the Board of Regents of rhe State of New York is the nation's oldest and largest continuing legal education organization. Over 55,000 lawyers hove prepared for the New York Dor Exam with the PU Bar Review Course. — 4 Opinion September 28, 1978 the LSAT score is no problem if you give the students support when they get here, which we do through the legal methods program," he said. The Legal Method program, which is in its third year, is designed to help educationally disadvantaged students, in their first semester by giving them tutorial assistance in Civil Procedure, Torts and Contracts: Criminal Law is deferred until the second year. What does the future hold? From Headrick, "I'd expect the numbers to go up; I would is only on paper. I don't see PRACTISING LAW INSTITUTE L?r —b Practical Law New York Law Practical Preparation for the New York Dar Examination Registrar Charles Wallin Grejner somewhat different view when he foolishly bring them in here and said, "I've heard that story for 10 educate them," he added. The subject of LSAT scores years, and it is partially true. I think a. black dean would be a and their relative merits was good idea. If I had the funds I considered by Canfield, who said, would do so, but the state doesn't "Historically, a lot more white have the funds." students than minority students "However," added Headrick, do well on it." "But, two things are important "I don't think the white administrators are insensitive. I when looking at LSAT scores. can't accept that. The people First, they're a lousy predictor of around here are working very success in faw school, and second hope so." And, if they don't? . "Well, we're constantly re-evaluating the situation." From McGrier, Armstrong and Alexander the view is that more direct efforts on the part of the law school will have to take place if there is to be an increase in the number of minority students. Support from the student body would be important McGrier said. "One thing necessary to better the situation is for an increased desire on the part of the student body to rectify the situation. We need more white students and white organizations concerned." "We just can't do it by ourselves," concluded Armstrong. (Next Program) issue: Legal Environmental Law Bociety Meeting Thursday (9/28) 2:30 Room 406 RESUMES Typeset & Copies COVER LETTERS REPORTS BRIEFS THESES ACCU-TYPE 47 CHRISTINE DRIVE (off Sweet Home 691-7480 Road) Method FEE WAIVERS Student Activity Fee Waiver forms will be available outside the SBA office by Friday, September 28. �resume by Lee Day Of all the things one does to attain that goal of the all-important Job, none strikes more fear into the hear.ts of a job seeker than the Resume. And, it need not be so. There are many people in the Buffalo area who are qualified to help you with your resume and are just waiting for your phone call to be of service jn reducing this bugabear to its proper dimension. Resume services in Buffalo cover a broad spectrum of services offered and facilities , Company vAAA Resume Service 38 Hendricks Boulevard EggertsviMe, N.Y. 14226 'A Executive Search, Inc. Statler Hilton Hotel Buffalo cu Type 47 Christine Drive North Tonawanda, N.Y. ft Wahl, Inc. 1335 Main Street' Buffalo mderson ly-n-ByPreaa !) 2811 Elmwood Avenue Ken more, N.Y. ilaware Letter Shop 1586 Kenmore Avenue Buffalo Easy Graphics 237 Forest Buffalo Avenue Comments I Martin Enterprises 443 Bissonnet Bldg. Bellaire, Texas 77401 Comments Company 828-1590 8:00-4:30 There are nine branches, but all work is sent to main office listed. ■53.00 per page IBM typewriter copy plus $4.70 for 100 copies (plus M-F ales tax). Rough copy is required and no facility for writing. Delivery n 2 days. 855-0115 ■No answer Copy, Inc. 834-4121 Answering Extensive writing services available. No printing available. Copies made Mr. 1578 Clinton Street at Mr. Copy, Inc. $50 for basic counseling plus $6 per page typing Service Cheektowaga, N.Y. charge. 2 days delivery. 34 hours Moore Business Service 855-1811 8:30-5:00 Writing and composing facility available. $35 for one page,$50 for two Ellicott Square Bldg. (includes 26 copies)., , delivery. ,. 2-3 days M-F Buffalo By appoint ment only Paragon Business Services 691-7480 8:30-6:00 Limitedrewrite facility. $10 per page (includes 50 copies). Ready required. 2—3 day delivery. M-F 8:30-3:30 SAT 847-1260 9:00-5:00 Composing and writing service available. $5.00 set-up fee for computer M-F for firstpage of $6.00 for two pages. $.75 for each original letter typed from master copy. Same day delivery. Statler Hilton Hotel Buffalo copy 883-3907 8:15-4:45 Extra charge for writing and composing. $14 per page includes ! M-F copies. Delivery in 24 hours if provided with ready copy. Resume Specialists 304 Depew Avenue 834-7445 Reached answering service. Buffalo .. Resumes, Incorporated 3675 NolandRoad 875-0135 8*30-5:00 Has no writing or rewriting facility. Formats provided. $17 per page ■" Suite 300 Independence, Missouri plus $3.05 for 25 copies or $4.00 for 100 copies. Delivery in four days. M-F 64055 Sanford Rose Assoc. 4455 Transit Road 876-0140 9:00-5:00 Must provide ready copy. No facility for writing. $5 per page composing fee plus $0.95 for 50 copies of first page and $9.00 for M-F Williamsville. N.Y. succeeding pages. Delivery within 48 hours. BOO 821 3 886-0365 9:00-5:00 No facility tor writing. Ready copy required. $10 for first page and TrimbleAssociates 528 Elmwood Avenue $7.50 for second plus $5.00 per page for 50 copies. Delivery within 3 M-F Buffalo to 5 days. 883-2125 Latfco Printing & Copy Centers 835-0101 9:00-5:00 M-F 3171 Main Street Buffalo Latko Printing 1676 Niagara Falls Blvd. Tonawanda, N.Y. and abilities to do the job. Opinion does not imply any one is any better or any worse than any other. Remember, you get what you pay for. Do not expect a printer with limited facilities to be a full-time counseling service. Call them up and ask. They will all be glad to talk to you and discuss your individual needs. Then, think it over and make up your mind. Usually, you will be able to make up your mind after two or three calls. The following businesses are all listed in the Buffalo Yellow Pages. The comments and prices quoted are those of the person contacted. For further information, please contact them directly. -laslimited resources for writing and format. $15 per page typesetting! or $6.00for 50. Delivery in 2 days. charge plus $5.25 for 25 copies University Press 361 Squire Hall Main Street Campus Each client is assigned a specialist and interviewed via WATS line. Xerox copy furnished and final changes made via WATS. Charge is $180 which includes S.I.C. service and cover tetter service. Call for individual quotes. 632-0400 8:30-5:00 M-F and by _ Writinghelp available. $36 for first page only (includes 100 copies) $4; for two pages (includes 100 copies). Delivery in 3 days. appointmer Reached answering service 831-5572 10:00-5:00 Editing M-F help available. Formating, typesetting ft printing 100 copies $18.55 1 page, $30.50 2 pages, $42.45 3 pages. Delivery in 5 working days. 834-7046 9:00-5:30 Has limited facility for writing and format. $12 per page typesetting] Value Management Consultants 838-5121 9:00-5:00 Professionalized services for writing, format, rewriting. Individualized fee plus $3.65 for 25 copies of $4.15 for 50. Delivery in 3 days. 1386 Parker Bldg. M F and resumes. Charge is $150 and copy ready in two weeks. M-F and by by appointTownJTonawenda, N.Y. appointment 800-231 8:30-5:30 A professional search service more editorially oriented to specific needs World Wide Dictation Service -8090 CST of the client. Extensive interviews via WATS line, proof copy provided 3370 DelawareAvenue before printing and must be right before finishing. Call toll free number Kenmore, N.Y. M-F for quotes. - - ment 876-8856 9:00-3:30 Limited facility for writing. $7.00 per page typing. Send out for M-F printing. Same day typing service. appointment only Q ONLY LEFT to register for the BAR/BRI Early Enrollment Discount. Discount ends Oct. 6 (tobrr September 28, 1978 Opinion 5 �Culinary Counsel Quiche: Eggs And Cheese Hold It All Together by Paul Suozzi Two of the most basic ingredients I utilize in cooking are eggs and cheese. It's almost strange to think of them as ingredients since either can be a meal in itself, one high in protein and good tasting too. However, they also form the basis of many recipes, especially when used together. You're probably asking yourself, "Why is he talking about eggs and cheese when this column is supposed to be about quiche?" Well, it just so happens eggs and cheese are two of the main ingredients in quiche. (To those who knew that already, it also gives me some justification for including two non-quiche recipes which use eggs and cheese.) To return to the topic of this column, quiche is a custard made with eggs and milk or cream, usually filled with cheese and another ingredient, and baked in a pastry shell. It is usually the "other" ingredient which ends up getting top billing as in Spinach Quiche or Mushroom Quiche, but it's the eggs, milk and cheese which hold everything together. Quiche can be made in a relatively short period of time and can be served as a main course, side dish or even an hors d'oeuvre. To save time, a frozen pie crust may be used, and I've even seen it dispensed with altogether. (But make a crust. It's not difficultand it tastes much better than the /rozen variety.) The two non-quiche recipes further demonstrate the versatility and goodness of the egg-cheese combination. Both can be "'it together very easily, in no t; ,cat all, and are a delight to the palate. I've included a basic recipe for pie crust (pastry shell). Two of the quiche recipes call for the shell to be partially baked before adding the filling. Th<_,? is a trick to doing this which prevents the shell from puffing up in the oven. Ptace a piece of aluminum foil ~m the unbaked shell to form a lining. Then fill with dried beans orrice, making certain the beans are well distributed and pushed against the sidesof the shell. Bake in an oven for 15 to 20 minutes until lightly brown. Remove from the oven and lift out the foil and beans. Using a pastry brush, coat the shell evenly with a beaten yolk. This seals the crust and prevents its soaking up the custard mixture. Return to the oven for 2 minutes to set the yolk. Pie Shell/ from Judi Francis ' The secret is to have everything cold (the water, shortening and even the bowl). Using your fingers, gently blend the shortening, flour and salt together until the grains are the size of small pebbles. Using a fork, add the water a little at a time until the mixture holds together in a ball. Place the ball between two sheets of waxed paper and roll gently and evenly from the center out, until the dough will cover a 9-inch pie plate. Slowly peel off the paper and place in the plate, forming to the sides and turning up the edges on top. Bake or not as the recipe calls for. However, always make fork holes across the 25-30 minutes or until puffed and entire surface of the unbaked shell brown. before adding the filling, so that the air can escape and the shell Cheese and Mushroom Quiche/ won't puff up. The recipes for Quiche from Loula Barkas Lorraine and Spinach Quiche call pastry for 9-inch pie plate for pre-baked pastry shells. The other two do not. 2 tbls. butter IKi cups th inly sliced Spinach Quiche/ from Charlotte mushrooms and Roger Ross 2 slices bacon, booked, drained and crumbled 2 tblsps. finely chopped 1 cup Swiss cheese, cubed shallots 1 onion, minced 2 tblsps. butter 2 eggs, lightly beaten VA cup chopped, blanched '/2 tsp. nutmeg spinach, well drained 14 tsp. pepper Vi tsp. salt 1 cup heavy cream 1/8 tsp. pepper pinch nutmeg, marjoram and tarragon Preheat oven to 400 degrees. 3 eggs Line a 9-inch pie plate with 1 Vi cup whipping cream pastry. Refrigerate. In a saucepan, I—B inch pastry shell melt butter. Add mushrooms and 'A cup grated Swiss cheese saute for 3 minutes. In a bowl, 1 tblsp. butter combine mushrooms, bacon, cheese and, qnjon. Sprjnkle over Cook shallots in butter, add prepared pie plate. Combine eggs, spinach and stir over moderate cream, "nutmeg and pepper. Pour heat. Stir in salt, pepper and over cheese mixture. Reduce heat seasonings. Beat eggs, cream and to 300 degrees and bake 40 gradually stir spinach into egg minutes more. Serve hot or cold. mixture. Pour into pastry shell. Sprinkle with grated cheese and Quiche Lorraine/ from Roger & dot with butter. Bake 375 Charlotte Ross - - Opinion Beat eggs. Blend into cream cheese with fingers. Mix in the remaining ingredients. Pour into pie shell. Bake 375 degrees for 35 minutes. Cheese Souffle/ Teri Silverberg Paul suozzi Filling: 1 cup grated Swiss cheese 1 cup heavy cream 4 eggs 8 strips bacon (diced) Chopped onions 1/3 cup fresh mushrooms, chopped Mix cheese, cream and eggs (leaving some extra cheese for the Judi Francis via 6 eggs 1 cup milk Vi Ib. Monterey Jack cheese, cut in % cubes 12 oz. cottage cheese Vi cup flour 1 tsp. baking soda Va Ib. melted butter This is not a "real" souffle, since it doesn't call for you to whip the egg whites separately and fold them in. Rather, a teaspoon of baking soda prompts some of the rising action. Beat the eggs well. Add the milk, flour and other ingredients slowly. Do not overbeat. Salt and pepper to taste. Refrigerate overnight or all day (about eight hours). Bake one hour at 375 degrees in a Pyrex bowl. bottom of the crust). Season this mixture with nutmeg, white pepper and salt. Saute bacon with equal amount of onions and mushrooms. Cool and add to Prysnac Serbia/ from Ellen Gibson cheese mixture.' 6 unbeaten eggs Put grated cheese on bottom of 2 Ib. small curd cottage cheese pie shell and pour in filling. 6 Tb. flour Bake 400 F. 20-25 minutes, Vi Ib. diced cheddar or until a paring knife inserted 1 pkg. frozen chopped broccoli one inch from the center comes Va Ib. butter without any custard out dry 2 chopped green onions clinging to it. - - Thaw broccoli quickly. All Mozzarella and Ham Quiche/ shouUL Ije at . _ . other^ingredients ?'p from^GeHa-Pbpplr V* * S/?"? "rd'cirrf 'temperature, beat all ingredients with electric mixer 2 eggs until well blended. Pour into 8 oz. mozzarella cut into small greased 9x12 baking dish. Bake at ■ pieces 350 degrees for one hour or until 8 oz. cream cheese knife.comes out clean. Let stand 4-6 ozs. ham chopped into 10 minutes before cutting. Serves small pieces 8. ' The Great Gonzo Doctor Disappoints Crowd by Melanie Pierson An evening with the good Dr. Hunter S. Thompson held the promise of good entertainment. Thompson is a contemporary cult hero in the tradition of Ken Kesey, Tom Wolfe, Alan Ginsberg and Timothy Leary. The Doctor is perhaps the only one of these proponents of the lifestyle of total hedonist abandonment that developed on the West Coast in the early 19605, who is still getting away with ripping off the establishment with any degree of consistency. He's getting away with it so well that he's acquiring quite a reputation. Gary Trudeau has drawn Thompson as the character "Duke" in his comic strip "Donnesbury." ("What do you think it's like to wake up every morning knowing there's at least a 50-50 chance you'll see yourself in the comics?") Thompson is a self-proclaimed gonzo journalist (pre-Ted Nugent, please). He writes crazed, drug 1 cup sifted flour induced accounts of the events he Vi tsp. salt 2/3 cup vegetable shortening covers. His books, Hells Angels: A Strange and Terrible Saga; Fear (Crisco) 2'/2-3'A Tbls. cold water with a and Loathing in Las Vegas: A Strange Journey to the Heart of splash of vinegar 6 V* tsp. nutmeg September 28, 1978 the American Dream; and Fear and Loathing on the Campaign Trail 12 are the brilliant, behind the scenes analyses of a twisted and demented mind. Thompson wrote for Rolling Stone magazine (most recently, a two part series on Muhammad Ali) but he no longer feels Rolling Stone retains its original commitment to quality journalism. Thompson is also on the executive board of NORML. Given his credentials, an evening with Thompson looked promising. The promise of the evening was never fulfilled. The evening got started at least an hour late. The Doctor had missed his plane, flying in from New Orleans where he was covering the Ali-Spinks fight. And his bags-had been lost. Thompson' obviously was in no mood to address an audience. Instead, it became an evening of question and answer. It was nearly impossible to gain anything from this exchange because the audience could neither hear the questions president) but he provided no insight as to how he arrived at these predictions. The evening dragged, at one point sliding down into a discussion of how much Thompson was getting paid to answer questions ($2,100 plus expenses). In one somewhat redeeming move, Thompson demonstrated the sobriety test he passed for the California State Police while under the influence of mescaline. Expecting to hear ofthe nof Thompson's mumbled replies. As far as this writer could tell, Thompson had no new observations to offer. He did make a few wild predictions (Ted Kennedy will be the next Hunter S. Thompson further adventures of the Great Gonzo, the majority of the audience that had packed the Fillmore Room left, disappointed, before Thompson finished for-the evening. Those remaining were serious cult followers who wanted to know what the Great Gonzo saw in store for the future. The humor and outrageousness that characterized the Merry Pranksters and the previous adventures of the good Doctor were absent from the evening quite a disappointment. — �Short Relief Guidry's Arm, Bouton's Back by Maria Colavito Over the past few years (though it seems like he's been around for a millenium), Howard Cosell's all too familiar voice has reminded us over and over of the breakdown of fan behavior in this country. I have to admirthat I for one was getting a little tired of hearing it. But it wasn't until a few of us happened to sit in front of one of Howard's more obnoxious specimens during a Yankee-Blue Jays doubleheader in Toronto that the truth of what Cosell's been saying hit home. The gentleman (to use the term loosely) in question was a jerk, plain and simple. He knew nothing about baseball (he thought Dick Tidrow was the Yankee's third base coach and he kept cautioning Thurman Munson to be alert for the suicide squeeze with the only Toronto runner on second base and two strikes on the batter; under those conditions "suicide squeeze" is an understatement of the play's chances of success.) But then again he didn't need to know anything about baseball to make the comments he was making. His favorite targets were Mickey Rivers and Reggie Jackson and to hear him shouting you'd think you were in Alabama in 1939 and that Jackie Robinson, Maury Wills, Hank Aaron and company had never worn major league uniforms. Add to these very personal prejudices two more ridiculous notions that playing major league baseball is as easy as the great players have made it look over the years and that just because they are paid for playing, major leaguers should never make mistakes and you get someone you definitely don't want to be sitting anywhere near during a ballgame. This is especially true when your first-place team happens to be losing by seven runs to a team that's thirty-three games out; and when your team's heavy hitters are having a hard time getting the ball out of the infield in a ball park that looks like it was designed by the Match Box company; and when your team's Cy Young Award winnerhas been taken out of the game after only 1-1/3 innings because he has already given up five-runs, made one error which cost two of those runs and looks like he has got nothing left in his pitching arm. It appears that Ron Guidry's arm may finally be showing signs of the wear and tear it has been subjected to all season long as the Yankees looked to it to bring them into contention for the divisional championship. Despite his size, Guidry has surprised everyone with his strength and velocity of his pitches. If it is true that it takes everything he's got to — — Recent Developments And Trends in theLaw by Bill Brooks This summer the Supreme Court struck down Ohio's death penalty statute. In addition to the usual blurb which accompanies death penalty decisions, Chief Justice Burger noted the irrevocability of the death penalty. Because such a penalty is irrevocable, one must be sure beyond all doubt that the statute is constitutional before a person is subject to the long noose of the law. Naturally, Justice (and that is using the term very loosely) Rhenquist dissented. Such a penalty is irrevocable pnly because such defendant cannot petition the cbu t for redress, It would be a simple matter for Congress to extend the habeous corpus, jurisdiction of Federal courts to the grave. Habeous corpus is a congressional ly created remedy and if those people executed under various death penalty statutes believe they have been unfairly discriminated against, they should petition their congressmen to enlarge the habeous corpus jurisdiction. That such people might not receive a new trial because they are dead was not much of a concern for the Justice. "People have arisen from the dead before," stated Rhenquist, citing Jesus Christ as an example. Rhenquist continued, "Even last year the Seattle Supersonics looked dead at the beginning of the season, and they sure did come alive." Citing a recent Supreme Court case, a Western District of New ' York judge has enjoined all SUNY at Buffalo law professors from uttering certain words in the classroom. This summer, the Supreme Court upheld an FCC censorship of New York radio station WBAI. The station played a George Carlin routine "7 Words You Cannot Say on Television." The court did Carlin one better by telling thestation that it, Carlin or anyone else couldn't even say it on radio. The Court admitted the record was not obscene. However, the majority analogized the routine to an obscene phone call to which none of us should be subjected. n The District Judge analogized the utterances to a pesty vacuum, cleaner salesman: "Like the dirt that the vacuum merchant spreads around your house in his attempt to sell his wares, these words hang in the air polluting the environment." The judge disagreed with Justice Brennan's dissent. Brennan stated the FCC should not dictate what can and can't be played on radio since "one man's vulgarity is another man's lyric." The judge noted that certain things, like most Barry Mannilow songs, can be no one's lyric. The judge thus enjoined all SUNY at Buffalo law professors from uttering the words "Rhenquist" and "Burger." George Carlin said he had mixed emotions about this recent decision: "It may be a defeat for the first amendment, but it gives me a new routine, 'Two Words You Can't Say in Law School." pitch as well as he has been pitching, this season must have taken a heavy toll on Ron Guidry's arm already. Hopefully, the Yankee management realizes that the time has come to coddle that arm a bit, giving Guidry an extra day's rest where possible over the next couple of weeks or' going to the bullpen earlier in the game than they have been. Guidry and the rest of the Yankees know how necessary it is that he be healthy to pitch in the playoffs and hopefully the World Series. Meanwhile, in going from Guidry to Jim Bouton some would say you are going from the sublime to the ridiculous. But all in all you have to give Bouton credit for his courage and determination in making his major league comeback. Obviously Bouton loves playing baseball, enough so that he was willing to give up a lucrative and successful job as a network sportsperson to go back to the drudgery and humiliation of the minor leagues. And he did all of this with nothing short of your basic knuckleball to his name. When Bouton made his first major league start since 1970 at the golden age of 39 (an age at which most baseball owners feel senility has long since settled in) many players felt the Atlanta organization was showing a distinct lack of respect for the game. Starting against the Dodgers of all teams (comparable to starting the Christians against the I ions) "B,outon spemed, to be surviving his baptism of blood and was sailing for three innings. But once the Dodger lineup had all had a look at him and his knuckleball, the trouble began and Bouton was taken out of the game after giving up six earned runs. Yet his second appearance went a little more smoothly, with Bouton going six innings and giving up no earned runs in a 4-1 decision against San Francisco. All in all, it wasn't such a poor showing against two of the toughest teams in the National League, especially for a man with only one real pitch who was probably told by halfof his fellow players when he came up from the minors, "Oh yeah, I remember your pitching for the Yankees when I was in junior high school." If Bouton can find catchers who are willing to share a battery with him (catchers notoriously hate the catching knuckleballers pitch is so erratic that at .best it will make you look really sloppy out there and at worst it will take a bad hop and make you wish you had become an accountant instead of a major league catcher) he might be able to pitch again next season. Of course, all of this is really wish fulfillment for for everyone concerned here Jim. Bouton, he is getting to "come back" to a game where, white he was playing anyway, he was never quite sure he belonged. For the rest of us who always wished we could play a major league sport somewhere but know deep down we never will, all this could give us reason to think that maybe when we reach the golden age of 39 we could do it If Jim Bouton could, why couldn't we? - — Greiner Wins First SBA Last Clear Chance Golf Tournament Bill Greiner drove, chipped and putted his way to an impressive 79. Greiner proudly displays the coveted "Dean's Cup." "Fill Out This Form, Maam" Thanks to John M. Gruber was married two weeks before he was.born. These are sentences taken from actual letters received by the Social Service Department in application for support. In answer to your letter, I have given birth to a boy weighing 10 I am forwarding my marriage certificate and six children. I had seven but one died which was baptized on a half sheet of paper. I am forwarding my marriage certificate and my three children. One of which is a mistake, as you can see. lbs. I hope that this is satisfactory. My husband got his project cut I am writing the welfare department to say that my baby off two weeks ago and I haven't was born two years old. When do had any relief since. I get my money? Unless I get my husband's Mrs. Jones has not had any money pretty soon, I will be clothes for a year and has been forced to lead an immortal life. visited regularly by the clergy. You have changed my boy to a I cannot get sick pay. I have six girl. Will this make any difference. children. Can you tell me why? I have no children as yet as my husband is a truck driver and that report my am to glad I works day and night. husband who is missing is dead. This is my eighth child. What are you going to do about it? In accordance with your instructions, I have given birth to the twins in the enclosed Please find for certain if my envelope. husband is dead. The man I am I want money as quick as I can now living with can't eat or do get it. I have been in bed with the anything until he knows. Doctor for two weeks and he I am very much annoyed to doesn't do me any good. If things find you have branded my son don't improve, I will have to send illiterate. This is a dirty lie as I for another Doctor. September 28,1978 Opinion 7 �- Life As a Summer Associate Three Share Views With The White Shoe Boys on Wall Street by Dennis Harkawik For a ten-week period this past summer I was employed as a summer associate for a large, old and powerful Wall Street law firm. Rather than describe the organization and work of the firm (a narration of which can be found irr the firm resume of any large commercial law firm), I am writing this to relate my personal impressions and feelings about working with the "white shoe" boys. The Wall Street main office was nothing short of awesome: lavish offices, carpeted hallways, a spiral staircase, a large collection of art and antiques made for opulent work surroundings. A virtual army of supporting staff included stenographers, librarians, proof readers, messengers and paralegals that eliminated most of the drudgery of turning out the paperwork. Even pencils were sharpened for us by "non-professionals." Every day at 4 p.m. in the firm library, tea was served in china cups, accompanied by pastry and cookies. All this was culture shock for a poor Buffalo law student who had eaten more machine beef burrito dinners than he cared to remember. For the first half of the summer I was assigned to the litigation department, an area of the firm well noted for harried, demanding work. I was immediately placed on a "live" or soon-to-be tried case. The associate preparing the case would assign me a problem and would give me a deadline of one hour to one-half day in which to report back to him. The case itself was interesting because it involved classic contract concepts: was there an offer made? was there an acceptance? were there third-party beneficiaries? The associate was a newly-hired Harvard Law graduate, and seemed determined to'prove to his partner that he was up to the Advantages of Large by Jean Powers Working for a large Wall Street law firm is probably best characterized by the sheer magnitude of everything ranging from the number of attorneys to the number of billable hours worked to the size of the estates and business transactions handled to the amount of remuneration received. Such enormity has both its advantages and disadvantages. For me, the advantages of a big firm are many. First, there is a tremendous opportunity to learn from a variety of persons, each of whom has developed significant expertise in particular areas within his department. I was particularly impressed with the willingness of the attorneys to help one another with difficult problems and share information and insights gleaned from prior work on similar matters. Coupled with the high standards set for the quality of work and the many opportunities to work on fairly complex and sophisticated problems, the interrelation among attorneys provides an excellent opportunity 8 firm's standards. Unfortunately I was included in this debut performance. One incident especially comes to mind: on my third day with the firm I worked until 11 p.m. That evening I handed in my completed assignment and told the associate that I was exhausted and was leaving for home. Later that summer the hiring partner read me the associate's written evaluation. The associate wrote that while he could understand that there were reasons for calling it a day before all the work for the trial was complete, exhaustion was not one of them. It was the showing of weakness, human limits, that bothered theassociate so much, not the quality or timeliness of my work. Despite that incident, and many more Jong evenings (and weekends), my work in litigation dealt with challenging areas of the law. For example, I explored the possibility of obtaining a binding judgment against NortTf Vietnam in a United States federal court. Of course, if I stayed late a taxi would ferry me home; dinners for evenings spent at the firm were on the client. Also, for the real marathon attorneys, showers were located in the restrooms. Nevertheless, after three weeks I was beginning to question my willingness to devote so much of my time to work and the firm. The second half of my summer was spent in the firm's corporate department. Corporate work there means drafting documents and providing advice for every conceivable type of commercial transaction. My work involved recommending changes in a New York Bank model security agreement, based on changes in the New York U.C.C. I also took part in a "closing" where a foreign corporation bought a family-held business in North Carolina. Here, like those in litigation, the associates seemed to be working too hard. requires. I do not think that my time spent on Wall Street was wasted; it gave me the opportunity to experience a work environment, for a short time, so that I could determine whether it was something I really wanted to do. My decision not to work on Wall Street can be traced to a dinner given to the summer associates by the firm. I was seated next to an elderly partner in his seventies. He had never married, had no family, and had faithfully worked for the firm for many years. After a few drinks he leaned over and told me that if he could do it all over again, he would not work on Wall Street. Despite all the money he had made in his career, he did not know how to enjoy himself outside the office. He complained that he was lonely without a family, and he did not look forward to his increasing leisure time. It was said not to solicit pity, but as almost a warning do not get involved in this type of a career without carefully weighing the costs as well as the benefits. That conversation alone made the time spent at that firm worthwhile. — by )im Maloy Late in April I learned that an in a place called Elma, New York, was in the market for a summer clerk. One phone call, three days and twenty-five miles later, I turned east at Transit and Bullis Roads, knowing that an interview and perhaps a job offer was only a "white building at the first intersection" away. The intersection, however, was nowhere in sight. Ahead, the road dipped and curved past plowed fields, barns, pastures, and a small herd of dairy cattle. I drove on, resolved to keep an open mind and reserve judgment. However, I did begin to regret that I had not opted for my three-piece pinstriped overalls or paid closer attention when Professor Joyce had explained why chickens were not entitled to capital gains treatment, in case it came up in the interview. Finally, about three miles down the road, a traffic signal and a white frame building came into view. I had, in one sense, arrived. ,1 n truth, my earliest impressions of the rural character of the town coincided with my expectations. But I had no comparable expectations wijth respect to a clerking position with a solo practitioner in a community the size of Elma. As it turned out, my employer, an attorney of six years experience, had opened this office with another attorney less than a year before and had never (until now that the other attorney had departed) had occasion to hire a law student. As a consequence, he expressed uncertainty as to what my summer duties would be and whether there would be enough attorney New York City Firm Are Many to learn new areas thoroughly. The services provided by a large firm also enable you to do a first-rate job. Large firms have LEXIS, the legal research computer, and training is provided for each attorney, including summer associates. The libraries are well equipped, and the library staff will borrow volumes from other libraries or law firms if necessary. Secretaries are available twenty-four hours a day, and there are also messengers, proof readers, and other support services. When you work late at night a voucher cab picks you up at the door and drives you home. Because of the diversity of a large firm, an attorney can transfer easily to a new department if he is dissatisfied with his present assignment. Given the size of each department, this is like going to a new firm, but much continuity of policy and procedure remains. A large firm can pay well and can afford to provide a nice social schedule for summer associates and recruits. Activities included: Opinion September 28,1978 The reaction of the other summer associates to the firm indicated that I was not alone in questioning the desirability of living the firm lifestyle. Although some seemed to accept the pressure and long hours willingly, many openly complained about a "sweat-shop" atmosphere. Some will not return to the firm, and unfortunately a number of the out-of-town summer associates may not return to New York City because of their negative feelings about the summer. The permanent associates were more willing to accept their fate, at least for a while. Some leave after a year or two; others feel that their unhappiness is sufficiently compensated by a high salary and prestige; and many others enjoy the total commitment that the job Lawyering in the Country Ain't Just A Lot of Hay luncheons, clam bakes, cocktail parties, the ballet, and dinner at Windows on the World. Finally, there will be a large, group of people starting work with you (approximately forty in the firm for which I worked). Thus, there will always be people with whom you can share your experiences and reactions. Size also produces disadvantages, however. Because an attorney may not work closely with any one partner but may receive assignments from a variety of persons, there is a danger that no one has a complete viewof his development and needs. A large firm generally does not supervise an attorney closely;each person is expected to take the initiative to seek help and advice when needed. To prevent the summer associates from feeling isolated and lost, each one was assigned an advisor. However, I do not think that this practice is followed for permanent associates. The biggest problem faced by a new associate in a large firm is time. I worked in two of the least busy departments in the firm yet billed 45 to 57 hours every week. The official firm hours were 9:30 to 5:30 but only on my last day did I work solely those hours. On a typical day I left my hous at 6:30 a.m. and returned between 8 and 9 p.m. Often, I worked through lunch, and I frequently brought work home at night. My daughter was asleep when I left in the morning and often asleep when I returned. With one exception, however, I did not find it necessary to work weekends. One caveat: do not commute. After putting in ten or so hours of work,- no one should have to contend with the Long Island Railroads On my line, trains were late about fifty per cent of the time. Delays ranged from ten or fifteen minutes to two hours. Even when punctual, the trains were overcrowded and hot. Had I not commuted, I might have summarized my experience as, challenging and exciting. Given the commute, I must also say that it was exhausting and sometimes frustrating. work, beyond that requiring his involvement, to keep me busy. So, having established that neither of us knew what to expect from each other and wondering if we were both on the verge of a decision we would regret by July, we shook hands and I got in my car and headed back past the cattle, pastures, barns and fields the landscape that was to become a familiar part of summer in Elma. — Looking back from my five-months-later vantage point, I realize that one of the mistaken pre-conceptions I had formed was that clerking in Elma would consist of a very limited range, of "rural" "mundane" law a will here, a contract there, here a tort, there a tort, everywhere a tort, tort... basically out of touch with Current Trends and Recent Developments. But CT's and RD's aside, my work included: drafting wills, complaints, assorted motions, affidavits, making coffee, wrongful death, plain death, landlord-tenant, real estate, long-arm jurisdiction, bankruptcy, taking out the garbage, a slip-and-fall case, a dog-bite case (we defended the dog), the exclusionary rule, matrimonials, intentional and unintentional torts, reams of correspondence, interviewing clients and attending all sorts df cdiirts. Then on — Tuesday ... In short, the work was quite varied. (I perused all but a few volumes of the New York statutes at one time or another.) It provided a good look at how law (the printed page variety) can function on formal and informal levels to anticipate and avoid disputes or, failing that, resolve those which are ultimately channelled into the "system." Apologies for the textbook prose; no apologies due for the summer spent in Elma. As a first law-related job it was an interesting and valuable experience. So, "Clerking in Elma" in a nutshell: beautiful Western New York summer days, relaxed pace, friendly atmosphere, a diverse caseload with often-colorful clientele, and the chance to participate directly ir> the handling and building of a solo general practice. Nice work if you can get it. .. And as I headed west into the setting sun on that last day of summer vacation, I passed by that same small herd of dairy cattle grazing in a pasture and recalled my reaction when I first saw them in.April. A few of them looked up as I passed and for a moment I thought I detected a note of recognition in their eyes. How many "big firm" summer clerks had passed a senior partner in a panelled corridor day after day, hoping against hope for some small gesture of recognition? After all, recognition is recognition. I smiled and waved to the cows and, with ego restored, headed for home. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-09-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/28/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/decd34be5e14c3571b8345527424a31b.pdf 373f6cf81b9fa25e48119a157d28ddab PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit Np. 708 Volume 19, Number 1 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 September I^, 1978 State University of Newt York at Buffalo School of Law Freshman React to Housing and Profs "We don't have much impact on the quality of student housing. We've tried to put pressure on the housing office, but it's hard," Serious housing problems and Canfield said. surviving the first weeks of classes Bill Lundquist, co-chairperson and professors marked the arrival of the Orientation Committee, of this year's freshman law class. acknowledged there was a serious University-wide housing housing problem, but said it was problems did not escape the outside the purpose of orientation attention of the freshmen law to deal with it. class as many of them were still "A lot of people didn't have looking for housing several days places to live," said Lundquist, after classes had begun. Most "but there was nothing affected were those students orientation could do about it." notified of their acceptance into This view was not shared by a the law school just days before number of students who were the beginning oforientation. admitted into the law school on Three weeks before the first short notice and Who had day of orientation 65 offers of difficulty finding a place to stay. admission were sent out, followed was accepted into this "I by an additional 30 letters of school on the Wednesday before admission 10 days later, and a orientation after I had already final four to six phone calls started law school at Hofstra. It offering admission just a couple of seems to me that there were a days before orientation, according tremendous number of students to Charles Wallin, Registrar and who came here without housing," Assistant to the Dean. said one student whoasked not to "A disaster," was the be identified. description used by Allan "I think there should have Canfield, Assistant. Dean for been a clearing office for housing. Student Affairs, in describing the 1 went through hell, and at least housing shortage. there should have been a list of Canfield said the problem people who would temporarily faced by the law school was part put up law students," the section of a great University housing 2 student said. problem which resulted in close to Dean Canfield Indicated 300 freshmen undergraduate something has got to be done students being without campus about the situation before next by Jay Marl in housing. continued on page 8 In Vitro Fertilization Madeline Bernstein Claude Joerg Three Vie for SBA Presidency by Carol Gardner student). Bernstein has participated in The students from all three the SBA as a director her first classes will be selecting the year. She is currently serving as president of the Student Bar SBA treasurer for a second term. Association on September 19 and Bernstein served as a student 20 from 9:30-4:30. The Student representative to faculty meetings Bar Association (SBA) is the at the law school. When asked her student government at law school. reasons for deciding to run, Four officers and eighteen Bernstein stressed her experience directors govern the SBA. The with working with the SBA board President, Vice-President, and the administration. She said, Secretary and Treasurer arc "I feel the board will support me. elected by the entire student I already have a rapport built up. I body, whereas the eighteen have no enemies basically, so I directors (six from each class) arc think I could work well with the elected by their respective classes. organization. I know what I'm The office of president is doing and I do it well." currently vacant due to the Bernstein hopes that as resignation of the former president she will be able to push president, Andrew Cosentino.Thc the External Affairs Committeeto three candidates who expressed an build, up the reputation of the intention to run by September school by more closely working sth arc: Madeline Bernstein, with the alumni and placement. Claude Joerg (third year students) She thinks the president could and Tony Leavy (a second year take a more active public relations role. She wants SBA to take stands on things that effect lawyers in the community. It hasn't in the past. I'd like to sec that changed. Bernstein wants to enforce attendance rules and to push for from the incubator, thereby committee reports. She complained that in the past the destroying its contents. The Del Zios filed suit in faculty-student committees were Federal District Court for $1.5 making decisions without SBA's million against Dr. Vande Wiele, awareness. She hopes to get SBA Columbia Presbyterian Medical involved in any decision Center and Columbia University. concerning a change in the grading Mrs. Del Zio claimed emotional system and in doing something to and psychological injuries due to stop late grade reports. the destruction of the contents of Bernstein feels she has an asset the test tube and Mr. Del Zio in being well-known and claimed damages for loss of accessible to students. She ended consortium. The case went to trial the interview by saying, "I'm not amid the news (expected to be running SBA by myself one damaging to the defense) that the can't. I need cooperation. I can world's first test lube baby was get the board together and set them going." about to be born in England. At trial, the Del Zios, Claude Joerg is another, represented by their attorney candidate for SBApresident. Joerg Michael Dennis, sought to prove was a third year director for the that by destroying the contents of spring semester of 1978. He the test tube, Dr. Vande Wiele had served on the SBA appointments robbed Mrs. Del Zio of her only committee which set up the chance of having a child, thereby procedures for selection of causing her great emotional students for participation on injury. The defendants, on the faculty-student committees. This other hand, claimed that Dr. summer Joerg volunteered as the Vande Wiele destroyed the SBA, Sub-Board representative contents of the test tube in order along with John Batt. *>üb-Board to safeguard Mrs. Del /Jo's life. In is the corporation which disperses Test Tube Case: Effect Unclear by Alan Nadel This summer one of the most interesting and controversial trials in recent memory took place in Federal District Court in Manhattan. The case which could have been taken from the pages of Brave New World involved a suit by Mrs. Doris Del Zio and her husband John against Dr. Raymond Vande Wiele, Columbia Presbyterian Medical Center and Columbia University. The Del Zios, who were married in 1968, were unable to have children due to Mrs. Del Zio's blocked fallopian tubes. When surgical procedures designed to open her fallopian tubes failed, it appeared that Mrs. Del Zio had no chance of ever becoming pregnant. It was at this point in 1972 that her gynecologist, Dr. William J. Sweeney, informed the Del Zios of the work being done by Dr. Landrum Shettles in the field of in vitro fertilization. The procedure involves the surgical removal of the egg from the female, its fertilization by the male sperm in an artificial environment, usually a test tube, and finally the implanting of the fertilized egg in the female's womb. The Del Zios decided to try the Shettles procedure despite its unrecorded success. In September, 1973, Mrs. Del Zio entered New York hospital where it is alleged eggs were surgically removed from her ovarian tissue. The eggs were placed in a test tube and taken to Dr. Shettles at Columbia Presbyterian Medical Center, where they were mixed with Mr. Del Zio's sperm. The test tube was then placed in an incubator, to remain there until fertilization was complete, at which time the contents were to be implanted in Mrs. Del Zio's womb. Dr. Shettles had failed to obtain the authorization of Dr. Vande Wiele, chief of obstetrics and gynecology at Columbia Presbyterian. When it came to Dr. Vande Wiele's attention, he ordered the test tube removed Tony Leavy - continued on page 8 student activity fees. "I'm running because SBA needs someone who has been in it awhile and understandsthe issues. If it doesn't get someone with experience, it's going to lose a whole month's opportunity to get working while that someone tries to figure out what's going on," )ocrg said. As Sub-Board representative, Joerg felt he learned a lot about the workings of the University system. He emphasized what he considers his achievements as Sub-Board representative. "First, through tense negotiations, we were able to .reduce the law school's required contribution from $4200 to $1500. It will require an amendment to the Sub-Board constitution in order to avoid the mandate of 15% from the total law school activity fee budget." He also stressed the increased medical coverage under the new mandatory health insurance policy which was obtainted this summer. Finally, Joerg is proud of the selection of Richard Lippcsas legal counsel for Group Legal Services. Lippes has promised Joerg that he will make great efforts to sec that law school students have a more active role in working with the clinic. )oerg hopes to have the External Affairs committee look into tuition costs and to prepare strategies to combat any possible increases. He wants to establish regular meetings of the SBA at regular timesrather than call them on such an ad hoc basis. He envisions a regular SBA newsletter and a better relationship with Opinion. Joerg also hopes to see appointments to faculty-student committees based more in interest than on personality which he charges was done in the past. Reports from these committees would be required under his administration. Tony Leavy decided to run for SBA president although he has never sought office before. He urges this is an asset, rather than a liability because he claims that the SBA is still factionalized over the spring phone scandal. As a result, Leavy says he alone can bring leadership which will inspire the continued on piu/v X �Vol. 19, No. 1 -September 14,1978 Editor-in-Chief Jason Poliner Managing Editor Randi Chavis Letters To The Editor heavy Pledges Best Effort To the Editor: if Elected already have their grades be no double standard in the Continuous pressure should be placement office. put on these professors to change In conclusion, I want to this unprofessional, practice and address myself to" a question SBA should represent the student! which I have been asked several by applying that pressure. times since I decided to run for In the Fall of 1977 SBA made President. The question is this: an aborted effort to organize "The issues that .you are raising student lobbying of the State are important but they have been Legislature in Albany. Individual raised in past campaigns by other students signed up to help but candidates and so far little has they were never contacted after been done about them. What they volunteered. SBA should try makes you different and why do again. Having worked in Albany I you think you can do anything know how important and about them when others effective lobbying can be. We have seemingly could not?" My answer a lot of talent and expertise in our consists of three commitments: 1) student body which, among other I pledge my best efforts in things, can be used to get accomplishing these needed increased funds for financial aids reforms. 2)^J will establish a and increased revenues for the committee to completely review Jibrary, placement office and the purpose and- structure of our other support services. In addition student government and, if it is to our own lobbying, or in lieu of determined that these needed it, we should begin negotiating reforms cannot be accomplished with SASU, the student lobby either because of misdirected group in Albany representing all goals or because of inherent State University students, to structural problems, I will urge determine if law school any changes needed, up to and membership' in SASU would be including abolishment of the SBA beneficial to us. Lobbying efforts and its replacement with need leadership and they have something more responsive to our received none from SBA. As needs. 3) Finally, I pledge to President, I will supply that resign my Presidency if, in six leadership. months, I have not made progress SBA must exert pressure on toward my goals. I challenge my the administration and faculty to opponent or opponents to make have them intensify their efforts these three commitments. to attract more women and As for my -biography, it minority students to our school. includes being a graduate of Mt. The administration and faculty Morris Central High School in must also be encouraged to 1969;' a graduate of SUNY at increase- their efforts to attract Geneseo in 1973; a legal clerk in minority faculty members in Rochester in ,1974; an addition to more women faculty, Administrative Assistant to. ,N-YS to come to Buffalo to teach. Senator John Perry in 1975-77; Now that we have a new and a first year law student at placement director, SBA should SUNY at Buffalo in 1977. insure that the placement office is I thank Opinion for allowing working for all students and that me to express my views on the the office is giving all students an issues. equal opportunity to be placed in jobs suitable for them. There can Tony Leavy As a candidate for SBA President I thank you for giving me this opportunity to express my concerns over issues which I feel are most important to law students. These issues are: issuance of Staff: Steve Blumberg, Mike Buskus, Maria Colavito, the final report of last year's SBA Carol Gardner, Jay Marlin. telephone scandal; immediate Contributors: Alan Nadel, Larry Ross, Bob Siegel, Lewis appointment of students to the Steele, Steve Lacher. faculty/student' committees; Copyright 1978, Opinion, SBA. Any republication of materials herein is active and meaningful student strictly prohibited without the express consent of the Editors. OPINION is participation in any change in the published every two weeks, except for vacations, during the academic year. grading system; increased It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The views communications between SBA expressed in this paper are not necessarily those of the Editorial Board or and the student body; prevention Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined of late exam grading; organization collectively by the Editorial Board. OPINION is funded by SBA from of student lobbying; Student Law Fees. Composition & Design: University Press at Buffalo intensification of the search for women and minority faculty and students; review of placement services and a study of the structure of student government. I want to turn away from the scandal-ridden past which last Next Tuesday and Wednesday law students will be going to the year engulfed SBA, paralyzed its polls to pick new members ot the 5.8.A., the law student government. functioning and brought to SBA On the ballot will be openings for the new first year directors, along horrific personal conflicts and with the offices of President, Secretary, and Treasurer of 5.8.A., and Many student confrontations. other Directorships all vacant as the result of resignations. Opinion hopes all law students get out and vote in these elections. efforts to make this a better They are important. Take the time to find out who the candidates arc, school cither were thwarted or overshadowed by this tragedy and what they stand for, and why they want the jobi nothing will get done this year if * * * we repeat the tragic and vitrolic the At same time, we arc concerned about the fact that three out thing of four members of the S.B.A. Executive Board have resigned forcing a events of last year. The first that has to be done is to finalize virtual re-run of last spring's election. the SBA report on the phone / The S.B.A. can be an effective student voice. But, it requires scandal. Once this report is concerned and aware students. Students running for office should be finished we can move on to the cognizant that behind the prestige, behind the glory of "winning" lies a ' important things waiting to be deal great of work. ■ ■ Membership in the S.B.A. requires a full-time commitment to the done. students of this law school. Too often in the past, holding office in Over the summer the Dean' student government has been looked upon as a stepping stone to terminated all student on the greater "prestige," another entry on the all important resume. membership Membership in student government is more than just making a name faculty/student committees. As for one self. It is attending committee meetings, articulating a student the new President, I will position, and doing research on questions which affect the entire law immediately appoint students to student community. these committees. When a student is elected to office only to resign 3-6 months later, SBA has lost touch with the he has done atl students a disservice. In order to be effective, student rest of the students and if elected government must exhibit some degree of continuity. Administrators I will restore communications and faculty are paid to run the school#on a day to day basis. They have between the SBA and the student a great deal of expertise doing it. body. I will insure that a notice importance on campus. I am in Students on the other hand, arc around for a relatively short and agenda of every SBA meeting To the Editor: period of time. They must learn very quickly how the school is run, is prominently posted throughout Having been very active as an section threeof the first year class who runs it, and how to advance a student position in the face of undergraduate in various school and live on campus. I will not school and, also, after the faculty ambivalence. organizations, I see the SBA as a make promises to you now this When a student resigns from student government just after learning meetings, that minutes will be chance to keep myself involved way I will only keep those which posted. I will also insure that SBA the rules, at a time when he is in a prime position to advance student with activities and matters of are possible to keep. Thank you. sign on its door. These interests, he shows a lack of respect for his fellow students and a true puts up a Michael Rosenthai are small first steps but I hope lack of leadership. that they lead to a revitalized will Student government starts with a handicap. Students are only around for three years. At the most we are lucky to have a student student government. One of the most important To the Editor: involved in the governance process for one year. Opinion hopes those that it was. We would especially The 1978 Freshman like to thank Dean AllenCanfield running for office this Tuesday and Wednesday don't aggravate the issues affecting students is the possible revision of the grading Orientation Committee would like for his guidance. Without him problem by '.signing from government betore the year is up. Student candidates owe their constituency a moral commitment to system. This issue is now being to take this opportunity to thank there would have been no serve for a full year. Student government means work as well as honor. discussed by the administration all the students who helped on orientation. Bill Lundquist and faculty, without active this year's Orientation. Your help Candidates should bear this in mind as they seek elective office. Mary Lundquist student participation. No change was greatly appreciated and you TedDonovan should take place without active made the orientation the success tony Leavy and meaningful involvement by all students. I will take the lead to to insure this involvement. As contacting students during the President of SBA I will work to To the Editor: get the administration and faculty Many thanks to Allen Canfield, day should be fully alleviated. to listen to the student body on associate dean of student affairs, Thanks again for this this issue, and I will arrange for for instituting the mailbox system important contribution to bettes Writers, cartoonists, photographers, artists, poets, layout editors. SBA to have a referendum on any on the second floor. With every student life in the law school. If you have experience, or want to gain it, in any of the above change. student having his or her own Keep up the good work! areas drop in on Monday, September 18 Between 10 a.m. and 3 'Something must also be done. mailbox, the problem of Mike Shapiro p.m. in Room 623. about professors who-fbel free to ' ■ or or more wait 6, 8 10 •w?ek> after exams to hand in their' NEWS EDITOR grades. Students should not have put up with this. This practice to We need one. Anyone interested in the position is encouraged to it'sbetter to keep your mouth shut and severely handicaps students apply. Same time same place. Or sooner. 'appear stupid than to open it and remove ail doubt. seeking employment, especially when put' in competition with Mark Twain students from other schools who News Editor: Tim Cashmore Feature Editor: Paul Suozzi Photo Editor: Michael Shapiro Business Manager: J.R. Drexelius Resignation Blues : . . - Rosenthal Makes No Promises — Orientation Committee Thanks Students OPINION OPEN HOUSE Thanhs . Canfield for Mailboxes Quote of the Bi-Week .- - Opinion 2 September 14,1978 �InMemoriam New SBA Election Rule H Adolph omburger Forces More Resignations second-year positions, two, organization telephones and paid third-year positions, and the posts for by student funds. The SBA of president, treasurer and spent much of the spring semester by Steve Blumberg A new Student Bar Association election rule, passed by the S.B.A. Board of Directors at its first meeting of the semester, could add two new vacancies to the Board. With elections slated for next Tuesday and Wednesday, 131 of the Board's 22 positions might need to be filled, including three of the top four officer posts. The new rule reads: "Anyone wishing to run for another office wiH have to resign their present position before the upcoming election in order to pursue the new office." Third-year director Claude Joerg and Treasurer Madeline Bernstein, both of whom .->re contemplating seeking the S.F.A. presidency, would thus be required to give up their present positions if they decide to run. secretary. investigating the charges. The new election rule was discussed at some length at the Board's September 5 meeting. Second-year director Dwight Wells noted that in the real world of politics, politicians are often allowed to hedge their bets. But, he added, this is not the real world, and perhaps students should be held to higher standards. Michael Shapiro said the S.B.A.'s credibility would be hurt by any additional election held to fill a spot vacated by an incumbent who won another post. Although the new rule passed 7 to 1, it was strenuously opposed by second-year director Lewis Steele. Jim Maloy, chairman of the subcommittee which investigated the scandal, informed the Board that a report would be issued Steele characterized the decision as a "function of jealousy and punishment, emotions that have no place in student government." The new rule, he said, reflected a lack of self-confidence on the part of the SBA board, indicating that it was afraid that people would conclude that all it does is hold elections, never doing anything substantive. Wells suggested that the plethora of resignations and the time-consuming nature of last semester's' telephone scandal investigation made substantive x progress difficult. v The rash of resignations began last spring with that of President Andrew Consentino, who left U.B. to spend his third year as a visiting student at New York University Law School. Two second-year directors, Michael Shapiro and Dwight Saunders, and third-year director Mary Ann Cupo resigned this fall because of other commitments. Secretary Richard Bedor quit for similar reasons, but plans to run for second-year director. So in addition to the six The "telephone scandal" first-year director spots which must be filled every fall, next involved unauthorized personal week's election will involve two calls made on student fllV iiiHPl before the next issue of Opinion. Maloy also said the phone committee's recommendation concerning the location of a single long-distance telephone was turned down by.the law school administration, which called the plan "baby-sitting." The plan called for the monitoring of the phone by a member of the administration. A brief discussion followed Maloy's report, but a decision on the ultimate location of the lone phone was put off until after the elections. Maloy suggested that, assuming the SBA can be trusted, the phone could be in the SBA office. In a general attack of the SBA administration, Steele repeatedly chastised the group for not dealing with matters of substance. Professor Homburger will remain- well-known and respected for his tireless work in reforming New York's procedural laws and rules. His efforts for the State, judicial Conference resuked in the adoption of reformed long-arm jurisdiction as well as a workable class action statute, plus countless other procedural innovations designed to bring simplicity and fairness to the process of trying a lawsuit. Professor Homburger's legal acumen and scholastic endeavors are world-renowned, and rightly so. His continued attention to comparative legal scholarship enriched his work and tempered his work on procedural statutes 1905 -1970 with a special flair for practicality by Mike Buskus and simplicity, two most desirable qualities in any system of laws. The law school and the entire Perhaps Professor Homburger legal community suffered a tragic will be best remembered for his loss when Adolf Homburger distinguished teaching, passed away this summer. particularly in the field of civil Professor Homburger's untimely procedure and New York practice. death followed decades of his The members of Section I of the teaching at this law school and Class of 1979 were fortunate years of private practice in the enough to be the last group of Buffalo legal community. Buffalo law students to have experienced Adolf Homburger as a teacher. It was certainly a memorable experience for me, and I'm sure it was for everyone else in my class. Civil Procedure I is foreign and student, which shows how dramatically things have changed unfathomable to most first year over the past several years," said law students, yet somehow Adolf Charles Wallin, registrar and Homburger managed to instill in the minds of all of his students a assistant to the dean. Wallin indicated he saw the solid grasp of that difficult percentage of women in the law subject. Surely, every one of his school approaching SO per cent students will remember how we first agonized over Pennoyer v. within ten years. When asked if there was any Neff and later Erie, only later to concentrated effort to increase see them fall into place as the number of female students, Professor Homburger patiently Wallin said, "I don't think we explained, the principles and logic need any effort to recruit good behind therules oflaw. He was always a teacher, female students." As far as the general applicant genuinely interested in each and pool, Wallin said it was too early every students' progress in the to tell, but he didn't expect too course. I remember how when one much change from last year's class of us would be confused about which had a median GPA of 3.4, something or give a totally wrong answer, he would patiently and an LSAT score of 620. "We had a total of 1750 explain the correct answer and applications which was a drop then later ask that same person a from last year's 2100, and the similar or related question so that peak of several years ago of 2800. he could be sure the student had Our applicant pool was not hurt learned the point of law. this year, but if this nationwide Homburger always took great trend continues, then it will not pride in seeing his students grasp those difficult points and be good." According to Wallin, ninety per troublesome areas. Most regretfully, Adolf cent of. this year's first year class are residents of New York State, Homburger is no longer with us. and its members represent close to Yet, the memory remains and the more than 2,000 members of the 100 schools and universities. "We are the reverse for most "HTLC" (what Homburger state law schools in that we don't himself once called the attract too many out of state "Homburger Trained Lawyer students. We would have a better Club") live on to carry out the applicant pool if we did, but fine example set by Adolf people are put off by the Homburger for scholarship and practice. We shall all miss him. location," Wallin said. Women Students Admitted In Record Numbers by )ay Marl in With 36% of its members being women, this year's freshman law class features the largest number' of women in a first year law class in the school's history. "In our first class seven years ago, we only had one female w p^^n* Fraternity ToRush ■ Phi Alpha Delta law fraternity will hold a rush party for all men and women law students interested in joining the fraternity. The party will be held in Room 405 (the 4th floor student lounge), on Friday, September 15 at 1:30 P.M. All law students welcome. September 14,1978 RESUMES Typeset & Copies COVER LETTERS REPORTS BRIEFS THESES ACCU-TYPE 47 CHRISTINE DRIVE (off Sweet Horn* Road) 891-7480 Opinion 3 �Students Needed on Faculty-Student Committees Shortly after the results of the Law School's September Student elections, the Board of Directors of the Student Bar Association (SBA) will act to fill the student positions on Faculty-Student Law School Committees. So that students may have a better understanding of the Possible mechanisms by which we can effect Law School policy and programs, a brief survey of the identity and fuctions of various Faculty-Student Law School Committees follows. Major Faculty-Student Law School Committees include Academic Policy and Program, Academic Standing, Admissions, Appointments, Budget and Program Review, Faculty-Student Relations Board, Judicial Clerkship, Library, Student Programs, Minority Mitchel Lecture, Self-Evaluation, Awards and Commencement, and Student Life. Academic Policy and Program (Chairperson, Dean Headrick;3 students) This Committee has the responsibility for planning each year's curriculum and for establishing the curriculum for any advanced degrees as may be approved by the Faculty. The Committee also has jurisdiction over course offerings and curriculum for legal studies programs. It is responsible for developing the curriculum and standards for non-professional degrees offered under the authority of theLaw School. Academic Standing (Chairperson, Dean Headrick; 3 students) This Committee considers student petitions for waiver of requirements or acceptance of special study for credit. Admissions (Chairperson, Professor Greiner; 4 students) This Committee makes recommendations to the Faculty regarding standards for admission and readmission of students into the ).D. program. The Committee also administers the admissions The Board hears grievances between members and students. " Appointments Complaints are filed in petition (Chairperson, Professor Priest; form and a hearing is held. 2 students) This Committee has jurisdiction over appointments to Library the Faculty and has the power to (Chairperson, Professor make recommendations to the Newhouse; 5 students) This Faculty with respect to such Committee advises the Law appointments. Librarian on all library-related Budget and Program Review matters of concern to the Law (Chairperson, Dean Headrick; 3 School community. Of special students) This Committee is interest to this committee is the responsible for budget planning continuing development of the and advising the Faculty and Dean library's collection, and its in developing priorities with operating procedure (hours, etc.). respect to the allocation of resources among the Faculty Minority Student Program programs. The Committee also (Chairperson, Professor reviews the performance of plans Blumberg; 2 students) This adopted by the Faculty. The Committee has jurisdiction over Committee makes budget the development and function df allocations after considering, the Law School's Minority among other things, budget item Student Program. proposals, suggested by individual faculty members, Law School As already noted, other Law Committees, and student School Faculty-Student organizations. Committees include Self Evaluation (Chairperson, Faculty-Student Relations Board Professor Katz, 2 students); (No chairperson; 3 students) Mitchell Lecture (Chairperson, standards set by the Faculty. Professor Atleson, 3 students); Student Life (Chairperson, Professor Schlegel, 3 students); and Commencement and Awards (Chairperson, Professor Del Cotto; students membership undetermined). In addition, six students serve as liason representatives to, and observers of, the weekly Law School Faculty sessions. Students who are interested in contributing time, energy, and effort on any of these Committees should contact any SBA board member or pay attention to the Law School Bulletin Boards to gain additional information regarding the process the SBA Board will use to fill these positions. Tenure Announcement Lindgren to BeReviewed Janet Lindgren, Associate Professor of Law, will soon be considered for tenure. All students who wish to comment may contact Al Katz (Rm. 411), Majorie Girth (Rm. 626) or Ken Joyce (Rm. 530). What the & unknown $ Is Going On Here??? Down in the dumps, Reserved for Ralph J. Stairsteps "Oh, was that your car?" 4 Opinion* September 14; 1978 Photos by: Michael Shapiro �Antitrust Treatise: Exhaustive and Readable by Mike Buskus Little, Brown & Company of Boston has recently published a multi-volume treatise entitled Antitrust Law. The set (currently in three volumes plus supplement) is ultimately intended to encompass five or six separate volumes to be updated regularly to take account of changes in the law. The text is jointly authored by Professors Phillip E. Areeda and Donald F. Turner, both law professors at Harvard. Areeda is the author of a standard antitrust casebook: Antitrust Analysis: Problems Text, Cases. Turner was head of the Antitrust Division of the Justice Department prior to teaching at Harvard. Volume I, encompassing 391 pages plus supplement aims at introducing objectives and theories of antitrust law as well as detailing the contours of the Parker v. Brown "State Action" principles. The authors also devote substantial space to delineating the concerns of federalism and the difficulties of resolving state and federal concerns regarding conflicting policies of efficiency in enterprise and dispersion of economic power. After that foundation, the authors delve into a more specific and detailed discussion of what industries are or are not regulated in the antitrust sense. It is here the authors add substance to the vague generalities of the Clayton Act by both surveying and analyzing which economic sectors are covered by the Act and which fit some exemption. For example, in discussing the interrelationships between labor law and antitrust law, the authors note: "Yet antitrust policy obviously does not embody all national purposes. The labor policy of the United States favors collective determination of wages and other working conditions, and has not refine traditional economic analysis to that which is relevant to establishing a violation of antitrust law (and if so, in computing damages). Selected cases in the brewing, banking and steel industries add clarity and Indeed, the bulk of laboractivities and the specificity to the general concepts bulk of collective bargaining agreements articulated by the authors. are exempt from the anti-trust laws." Volume Three deals primarily with Areeda and Turner then buttress that monopolies and monopolization. The general proposition with detailed case and classic monopoly cases of United Shoe, statutory analysis. Standard Oil and others are covered For convenient reference, a statutory extensively here. Technical issues of patent appendix incorporated within Volume One law are dealt with insofar as they are provides the entire text of the Sherman relevant to antitrust analysis. Act, the Clayton Act, the Federal Trade Substantial portions of this volume deal Commission Act, as well as selected with attempts by various industries to portions of the Bank Merger Act, the "vertically" expand (e.g., from Patent Code and other pertinent statutes. manufacturing, either "backward" to Footnotes indicate changes by subsequent supplying raw materials, etc. or "forward" amendments. to marketing and distribution). The topic A pocket part supplement to Volume of oligopoly control of key industries is One is also included. It provides an interim also dealt with. index for the first three volumes. A The scope and depth of this treatise is cumulative final index is scheduled to be truly amazing. With the exception of the incorporated in the final volume of the Robinson-Patman price discrimination act, series, when published. For quick this text covers every major reference, a table of cases and complete antitrust-related statute in exhaustive table of contents is provided in the pocket detail. The text is basically written in a lucid and readable style, largely devoid of part to Volume One. Volume Two is concerned with antitrust jargon and undefined terms. remedies. Considerable discussion and It is, however, organized as a typical analysis of antitrust penalties e.g., treble treatise. Thus, because it is aimed towards is supplemented by discussion an audience which will probably not read it damages from end to end, substantial repetition and of litigation procedures and obstacles. An entire sub-chagter deals exhaustively "> overlap results in several areas. Perhaps this with res judicata and other preclusion is preferable to the alternative of endless effects in antitrust adjudications. Damages "supras" and "infras" leading the reader on are treated extensively. Threshold issues, an obstacle course to the desired point. especially standing, are considered in Thus, each discrete section is largely exquisite detail. self-contained and permits consideration Doubtless because antitrust law is independent of other parts of the text. The inextricably linked to economic concepts, analysis, however, does build from chapter the authors deal with such elusive concepts to chapter; thus, there is an advantage in as "market" and "demand." They assay to perusing it from beginning to end. objected industry-wide labor organizations or even to joint industry-wide tabor-management negotiations including all- procedures. — to - , Throughout some basic familiarity with economic concepts generally and knowledge of antitrust law in particular is presumed. However, no technical understanding of market structure is assumed. The text stresses basics, with details and exceptions provided as a gloss to polish the underlying descriptive framework. Throughout, the direction and general implications of the analysis are made clear. Thus, by the use of easy-to-locate bold-fact type (indexed) headings and introductory summary paragraphs, the reader can immediately ascertain the scope of each section. For example, in Volume Two, .discussion of damages has this general preface: "The public purpose of private treble damage actions cannot be achieved if the courts insist upon truly clear proof of the plaintiff's damages. But the desire to encourage private enforcement and to penalize and deter antitrust violations is no excuse for awarding damages that are non-existent, inconsistent with antitrust policy, or unconnected with the true rationale for imposing antitrust liability." A word about the authors' views is appropriate. They obviously aim to do more than merely describe the existing state of antitrust law. They clearly envision their role as being commentators, and do not hesitate to criticize court conclusions they find unsound. Certainly, they make every effort to present a balanced perspective wherever a particular point is particularly unsettled. Turner and Arreda's Antitrust Law is a massive undertaking. They have made an impressive beginning with the first three volumes. If the rest of the series is of comparable coverage and depth of analysis, then Antitrust Law will doubtless be an indispcnsiblc work in the field. WEEKS O riKti v to register for the BAR/BRI Early Enrollment Discount. Discount ends Oct. 6 tafcro JWWfrvMiutiffi QpWjkv 5 �Culinary Counsel Burgers Are Just A Beginning 1 tablespoon chili powder salt, pepper, tabasco to taste by Paul Suozzi I'd like to welcome everyone back to school and back into the kitchen, a place I've been away from all summer. (While living with my parents and commuting three hours a day, I allowed myself to be pampered by my mother's cooking.) Now that I've returned and must begin to take care of myself again, I think of how many persons must be facing the task of cookfng for the first time. Often that leads to hamburgers or'tuna fish almost every night; cooking remains a disagreeable chore engaged in only as a means of survival. Of course, it doesn't have to be this way. Cooking can become an enjoyable outlet for your creative instincts (and the best part is you get to eat what you create). Time, or rather the lack of it, is the usual reason people resort to the above mentioned specialities. The thing to do is take that hamburger or tuna and use it as a raw material, not as the finished product. In that way you can find dishes that are good tasting and nutritious, but don't take forever to prepare. Following are two recipes I've been making ever since I started doing my own cooking. The third I picked up from my zia Filomena when I was in Italy two years ago. Chili Con Came To serve four you will need: 1 Ib. ground round 1 large onion chopped This is a tasty recipe which can be prepared in half an hour. In a large skillet, brown the meat. Then add the onion, pepper and garlic and saute about 5 minutes. Add the tomato sauce, kidney beans, chili powder, salt, pepper and tabasco (if you can handle it). Simmer about 10 minutes. I usually cook some elbow macaroni (about 1 cup), and add it just before serving. Chili is also good over rice. Either one can be cooked simultaneously with the chili so the cooking time is still half an hour. Tuna Casserole To serve four you will need: 2 small cans tuna 'A Ib. Cheddar cheese 1 Vi cups elbow macaroni Vi cup milk 2 tbls. butter or margarine salt and pepper to taste While you have the macaroni cooking, open the cans of tuna arjd drain the oil, then grate or cut the cheese into small cubes. When the macaroni is ready, drain and pour it into a casserole dish. Add the other ingredients and mix evenly. Bake for 20 minutes. Melanzane Ripiene con Ragu/ Stuffed eggplant with meat sauce To serve four you will need: 2 medium eggplants 2 eggs Vi Ib. mozzarella cheese - grated 2 tbls. olive oil 2 tbls. chopped fresh parsley 1 clove garlic - chopped fine 2 cups meat sauce NYPIRG Projects Need Help - INITIATIVES Both the City of Buffalo and Erie County have mechanisms by which citizens can initiate a public vote on an issue. The result of this referendum is binding on the City or County. 1 large green pepper chopped However, groups attempting to 2 cloves garlic chopped fine put a question on the ballot all too often fail due to their 1 1 5 oz. can tomato sauce 1 1 5 oz. can red kidney beans unfamiliarity with the — Put a 3 to 4 quart pot of water on to boil. While the water is heating, wash the eggplants, then cut them in half lengthwise. Scoop out the insides of each half leaving a shell about Vi inch thick. When the water boils add 3 to 4 tablespoons of salt. Put the shells in the boiling salted water, one at a time for about 2 minutes (until tender) then drain and lay out on a baking dish. While you are doing this you can begin to work with the filling. Chop the insides and the garlic. Saute them in oil along with the parsley,-salt and pepper, for-about 10-12 minutes. In a bowl, combine this mixture with the eggs, about half the meat sauce and most of the cheese (leaving enough to sprinkle on top). If you don't have meat sauce on hand, you can add 1/3 Ib. ground round when you saute the insides. Mix in 8 ounces of tomato sauce with the eggs and cheese. Or skip the meat entirely, adding a bit more cheese to make up the volume. Fill in the cooked shells with this mixture, then cover with the emaining sauce and cheese. Bake at 325 degrees for about 20 minutes. This recipe goes well when served with a dish of pasta (especially if you have extra sauce on hand) or with a green salad. Editor's note: In our next issue, Culinary Counsel will explore the Wonderful World of Quiche. If you would like to share your favorite quiche recipe with us, please leave a copy in the envelope outside the Opinion office, Room 623. - - technicalities involved. Research is needed to compile a short booklet on "How To" put a question up for public vote. This booklet will be printed by NYPIRG and distributed in the local area. - REDLINING This is a practice engaged in by banks or insurance companies, wherein a credit-worthy individual who applies for a mortgage loan or homeowners insurance is denied solely because of the ndesirability" of the "v 1. The polls will be in front of the electioneering within the library. library entrance on the second Candidates will be 'permitted at neighborhood in which the home in question is located. NYPIRG is floor. the polls for a reasonable time contemplating a lawsuit to enjoin 2. The polls will be open from (1) to vote and (2) to check the practice. As possible plantiffs 9:30 a.m. to 4:30 p.m. the numbers of individuals that appear, research will be needed to CONTINUOUSLY. have voted from each of the for see a cause of action exists if 3. Within sight of the polling place three classes. them under various civil rights (as indicated by tape marks that which the statutes. The order. 4. in will be placed upon the floor) the following activities will not be candidates' names were placed The Multistate upon the ballot was determined TAX REFORM permitted: A. Placement of Posters for by lot, with three individuals Tax Commission is a group that monitors the tax payments of present at the drawing. candidates. corporations that do business in B. Campaigning of any sort by any person. This includes 5. The ballots will be counted many states, to insure'that these with at least three individuals companies do not evade paying present, including at least one taxes due by falsely deducting tax member of the administration or payments made to other states. faculty. Closing this legal loophole can save New York tens of millionsof Candidate's Forum be A will 6. Questions, complaints, etc. dollars. Research is needed on held on Monday, September 18 in concerning the conduct of this other states' experience with the the first floor lounge. Time to be election should be addressed to Commission and for other data to announced. Candidates for SBA Gladys LaForge, 2nd Yr. Dir., be used in lobbying for the bill to executive offices and directorships 6364037. join the Commission. The material, if put in booklet form, will be available for questions. For will be presented by NYPIRG. (It further information contact Lew may be necessary to draft thebill Steele. SBA Election Committee to join the Commission). Revised Election Rules Announced - Candidates Speak Opinion 6 September 14,1978 LAW SCHOOL BRIEFS Labor Film Traces UnionDevelopment lrv conjunction with Prof. Atleson's course in Labor Law, Barbara Kopple's award winning film, Harlon County, U.S.A., will be shown in the Moot Court Room, September 17th (Sunday), at 7 p.m. This film studies the development and recent reforms within the United Mine Workers from firsthand accounts of organizing in the 30's to coverage of the 1972 Miller-Boyle campaign, Yablonski murders, and Boyle's conviction of the murders. Covers the events in a long; bitter strike for the union. Audio Visual Hours Extended The Audiovisual and Documents Any students who feel they have Departments on the sth floor of special needs because of a the library are now open longer handicap as defined by Section 504 of the Rehabilitation Act of hours: 1973 are asked to see Karen Monday to Friday 8 a.m. to 9 p.m. Spencer. The Library will accommodate special requests in 9 a.m. to 5 p.m. so far as we are able. Saturday Con Law/Philosophy The Constitutional Law/Law and Philosophy Forum is a student organization in the law school which was established to provide an opportunity for students and faculty to get together for talks, colloquia and discussions in .the areas of constitutional law, law and philosophy, jurisprudence, civil liberties, civil rights, and legal and constitutional history. Anyone who is interested is invited to attend these talks and to participate in the discussions. Notices will be placed in the law school and in Opinion as to dates of Law Forum and locations. Some faculty have expressed an interest in making presentations this semester and next and the Forum is anxious to have students present talks or papers. These could, for example, be based on work done in seminars, independent studies or graduate courses. If any student is interested in making a presentation, he or she is asked to call Steve Krason at 636-2199 or leave a notice for same, with a phone number, on the student notice bulletin board, 3rd floor O'Brian. From the Stocks Legal Research Is Fun! available to everyone. And I see it as the library's responsibility to provide as many options as possible whereby its constituency can learn its way around legal materials. We will give tours orf demand. We have self-instructional slide-tape programs. We have library guides and handouts. And librarians are willing to help with any problem in the library. A new venture this fall will be the six classes on legal research to be given to each of the first year sections as part of the Research and Writing Course. Hopefully, this will be an improvement over last January's disaster in the Moot Court Room. The classes will be brief with no assignments. Specific legal tools and systematic approaches to legal research will be presented. The schedule for the classes follows: One of the least popular topics of discussion in any law school across the country is undoubtedly that of legal research and writing. Who should teach it and how it should be taught are subject to controversy mainly because no SECTION I Tuesdays 11:30 one wants to take 'the a.m. Room 108 responsibility for a supposedly Sept. 19, 26, Oct. boring and tedious subject. 10,17,24,31 Faculty members treat it as the SECTION II Mondays 3:30 kiss of death and it's no wonder p.m. Room 108 students come to dread the very Sept. 18, 25, Oct. words "library" and "Legal 9,16,23,30 research." SECTION 111 Thursdays 3:30 Room 106 p.m. hear over and over that legal I Sept. 21, (Tues., research is something one has to Sept. 26 in Room learn by doing it on one's own. 108), It's true. But what's unfortunate Oct. 5, Oct. 12,19, is that that's as far as the advice Nov.2 goes. No one seems to impress As always, the library remains upon freshmen how important and even fun (yes, fun!) the open to suggestions that will improve its services to the law mechanics of legal research are. As an independent learner who school community. Please feed hated restrictive classrooms, I am back!! Karen Spencer concerned that alternatives be — — — - - - �Short Relief The Hottest Rivalry Going by Maria Colavito patent on the. Piniella (when not wrestling with Al phonse-Gaston mid-field Ihis manager) and Reggie Jackson collision but several Yankee (when not searching for someone players now seem to have to understand his complex and overcome their desire to run into isensitive nature) have improved one another on routine infield their fielding abilities and have flies. begun to resemble graceful The second big advantage the outfielders (although I hope Roy Yankees will take into Fenway White will get some playing time with them is a pitching staff in Boston he has much more which has finally come into its finesse handling the Green own. Even in the absence of Don Monster than Piniella could hope Gullett, consistent, effective to acquire this season). pitching has been the key in bringing the Yankees from 1414 As much as we Yankee fans games back to a position of would like to believe New York contention. It is one of the oldest could sustain a 25 game win axioms in baseball that depth in streak, the truth of the matter is your pitching staff is the key to that it is not likely to happen. winning in the stretch and the Because the Red Sox do not often Xankees' recent performance lose and because the Yankees have bears this out. Early in the season failed to capitalize on several Red there were cries the Yankees had Sox losses over the past few too much pitching but by weeks, the seven games in mid-May Billy' Martin was being September will be the key to the forced to start relatively'untested division championship. Hopefully, rookies in crucial series.. Bob the playoff tickets Boston has •• w^^^mmmmm^^mtmmmmi ■ ■ ■ Lemon is lucky enough in no already had printed will spend a adding courses invaded the registrar's office Students and dropping longer having to operate under long, lonely winter in a Boston during the first week of classes. However, most students seemed to this handicap. warehouse. remain calm during this schedule fine-tuning. Ron Guidry, who has been season, superb all should have the Cy Young award wrapped up already. Although Dennis Eckersley and. )im Palmer have also been pitching well, Guidry deserves the award if only for Monday morning, thealarm clocks ring. He says his field is the rudiments of litigation, acquired a . — All of us are familiar with disclaimers when you think you might have trouble with a product you can try to skirt the issue by excusing yourself beforehand. Having had a healthy dose of such reasoning in Contracts, Commercial Transactions, et. al., I feel compelled at this point to issue a disclaimer of my own I am a diehard New York Yankee fan. In my mind the Yankees have always been the only team playing baseball (even in the doldrum years when this seemed like the best kept secret in the Bronx). But since baseball is an opposition sport I have learned to accept the necessity of having other teams Play.;, Other teams, that is, except the one from Boston. As all true Yankee fans know, any deep affection for the team from New York is bound to be accompanied by a comparable distaste for the Boston Red Sox. Individually, I can appreciate several Boston Yastrzemski for his players class, Evans for his arm, Rice for his batting instinct. But these virtues are more than offset by such things as Carlton Fisk's megalomania and Bill Lee's complete refusal to come to grips .keeping the Yankees within And I listen but hear no birds sing. I get the feeling it's really aggravation. with reality. hollering'distance during a couple The sky is dark with clouds overhead, But he just gives a leetore & I'm "pleased as punch," In any case, the upshot of all of summer months when their very fitting It seems to crawl back to bed. Now I'll be calm enough to keep down my lunch. this is that obviously such strong performance' could have been the • for two teams characterized as at best. in feelings erratic The torts mimeo, has yet to arrive. midst of a pennant race (that will Catfish' "Hunter, having But I can't do that —we allknow why: And without it a lesson in torts just won 7 live. upon cry. hot Law School's me & too old to I'm tjy rejuvenated still be the lime been* By hopefully a^XJiatently So Schlegel tells us that Lindgren won't he in, you read thisj^ witf undoubtedly- Br: Cowfeh'iwlfo^e baTt!%;c6nift So I rise from'bed & hope for the best. "Things are going well, " I say with a grin. color what I have to say. I'm not probably also got a shot in the One thing f'sure, there can't be a test! making any apologies, just arm from "feeorge Steinbrenner), forewarning any readers so that pitched incredibly during the Using my fingers I prop open my eyes, So far things aren 't bad at all, Opinion will not be barraged wKh month of August with a 6-1 Maybe Ihaven't been forced to grovel or crawl, a shower will make'me wily & wise. irate letters from the handful of record and an ERA below 1.7/ But all it does is leave me all wet,. Or hidebehind a book or stand up in fright, Boston fans who may be around Even his last loss to Seattle, surely Maybe everything really will be alright. 'm ready go, to but not set. I (though at least one of them, the largely attributable to the nearly I'm school's most notorious, is total absence of any run All I have left is my course with Konefsky, probably still too exhausted from production from his teammates, If there's someone above looking out for me, my One more to go & then I'II be free. sanity. correcting Taxll exams to write). seemed undeserved. One notable Please help to preserve bagel. my coffee & He seems understanding tells of the ' 'No hassle I pass " So down quickly I It would be hard to exaggerate aspect of Catfish's achievement the importance of the Yankees' throughout August was his success Something in mystomach before I face Schlegel. With this remark the tension breaks over class. seven September games against at limiting the number of walks the Red Sox. Although no doubt and home runs given up. Short andsunglasses I heard people say, And so I get by & scary moments were few. the Yankees would have preferred Traditionally a control pitcher, Maybe it was but it isn 't today. But willI say the same after I finish day two? playing the first four-game series Catfish has always had trouble A suit & tie, and nicely combed hair, And will I survive in this neurotic too? in Yankee Stadium rather than with the gopher ball; but in Where's the Schlegel that's supposed be here. Willyou????? Jo Fenway Park, New York goes into August he seemed to conquer his Boston with two very significant weakness. Dick Tidrow and Ed Figueroa advantages over earlier season visits. The first is after an early can still be counted on to win big season of off-field' "turmoil and games. As the season moves on dissension" the Yankees have even Jim Beattie seems to have I was sure the old fellow would thanks to Larry Ross I pulled away from the side of finally settled down and are just command of a greater variety of the road, glanced at my never make it to the other side of playing, baseball. This was nearly pitches. And although in the late The following are actual quotes mother-in-law, and headed over the road when I struck him. impossible during the months innings of very close games, the when the New York press seemed sight of Sparky Lyle or Rich from accident reports submitted the embankment. The pedestrian had no idea to thrive on team gossip. (Some Gossage can still unnerve many a to various insurance companies by In my attempt to kill a fly, I which direction to run, so I ran people have gone so far as to Yankee fan, Gossage at least has hapless policyholders. drove into a telephone pole. over him. suggest the pressman's walkout proven he can rise to the occasion into the driving Coming forty home, drove had been for I I big when a is called inning for. In The indirect cause of this was not the real reason for the collided, with a years when I fell asleep at the accident was a little guy in a small disappearance of the three biggest the Yankees' last game of the year wrong house and wheel and had the accident. car with a big mouth. New York dailiesjjut that they against Seattle, Gossage came on tree I don'thave. the of the 9th with the in top once died of boredom To avoW hitting the bumper of really I was thrown from my car as it pther car collided with The George Steinbrenner didn't have tying run on third, the go-ahead giving warning of its the car in front, I struck the left the road. I was later found in without mine pedestrian. Billy Martin to kick around run oqisecond and none out. He intentions. a ditch by some stray cows. anymore). In any case, apart from struck out the side on eleven My car was legally parked as it The telephone pole was ■ I thought my window was backed into the other vehicle. wrestling Lou Piniella to the pitches. I was attempting to approaching. aspects other defensive the In down, but found it was up when I ground .when the leftfielder tried swerve out of its way, when it out of to literally kill the first base Yankees are going into Fenway.; put my hand through it. car came An invisible my front end. umpire in Baltimore several weeks Park for the first time this- season nowhere, struck my vehicle and struck stationary with a completely Bucky whole. Dent collided I , has been the Bob Lemon ago, vanished. I was unable to stop in time and epitome of self-discipline, and it's and Mickey Rivers were truck corfling the other way. my car crashed into the other was not told the that I I police apparently rubbed off on his team noticeably absent in several of the road; the vehicle. The driver and passengers I hat, The was all over guy my but on injured, removing Yankees' Boston earlier games in which has really tightened up of times then left immediately for vacation had to swerve a number had fractured fount! that a I I defensively. For a while there it this season and their presence on with injuries. before hit I him. skull. the field should Even help. Lou looked as if the Yankees had — — — ■■■■■ - — Beginnings by Bob Siegel — — "Just Fill Out This Form, Sir" - . ' ' • September HAWK 9WWH 7 �First Year Students Give Mixed Reviews; Housing Shortage Marks Orientation lontinticd from page 1 Donovan, Gene Krauss, and Allan Canfield, viewed orientation as "We're going to have to do a basically a means of physically better job referring students to orienting people with the building possible housing. I don't see the and providing a social forum for law school setting up a housing people to get together. office like the medical school, but "The things that went wrong we would like to come up with an we expected. But I think we alternate solution," Canfield said. succeeded if we steered from Despite the housing shortage, telling them how bad it's going to 200 to 225 members of the class be. They'll determine that for of 263 were present to attend the themselves," Bill Lundquist said. orientation activities. "We didn't want .to stress Reactions to orientation from academic orientation," Lundquist the first year members were said, "because for many of the mixed, ranging from "it was questions, such as what study well-presented and informative," guides to use, there are no specific to "it didn't tell me much of what answers." "The only unfortunate aspect I didn't already know." "I don't think I needed it, but of orientation is that the first year the information meeting with the students will often hear anecdotal section teachers was informative, horror stories which arc often grossly exaggerated by second and and thi1 Dean's speech was a good introduction to legal humor," said third year students," Mary |ay MinUer, a resident of the Lundquist added. Bronx, .md a graduate of SUNY at Debbie Kubiak, a resident of Binghamton. Buffalo and recent graduate from As far as the first week was Cornell, felt the orientation did concerned, Mint/er said, "I'm not not give enough basic information working as hard as I thought I about parking, housing, food and would be, the classes arc very at ID cards. case, and the professors haven't "A lot of the talks we had were picked on anybody as of yet." of little substance," Kubiak said, A different view was voiced by "and the talk by the Dean was too Bill Moran, who graduated from vague. It was like they were game, trying to ÜB. "The professors are pretty playing a good, but Schlegcl's trying to play intimidate you." with our minds. We're at their As to her reaction to the first mercy and we deserve to know week, Kubiak said it was "much more about where we're going," more casual and easygoing than he said. Cornell" which she said was very The Orientation Committee, competitive in comparison. which consisted of Bill and Mary Another opinion was expressed Lundquist, Tony Leavy, ). Ted by Su/anne Harrington, graduate year. of the University of Pittsburgh accomplishment from mastering and a school teacher in Buffalo small sections of material, and I for the past three years. "Having find Halpern and Laufer very gone to other graduate schools, I stimulating as well as demanding," didn't expect it to move so the Pittsburgh native said. She quickly and deeply. I found that also expressed the hope that the expectations of the school future orientations feature more were clearly.laid," she said. interaction between first year and "I like it. I feel a sense of upperclass students. Candidates Talk Issues; Voting Starts Tuesday continued from paye 1 members of SBA to work together. Leavy said, "Among other things that inspired me to run, be somehow involved in any was the fact that there is never decision that will be made. He any notice of any meetings. Then called for a poll or referendum. the SBA claims people are being "Professor Greiner and Dean apathetic. It's not hard they Headrick claim there is not should always print agendas, statistically accurate methods of publish minutes (and display them getting at student opinions and in public places) and advertise say that even if there was, the meetings. I didn't sec these things students would only be voting in their self interest," said Leavy. happening last year." Leavy says as president he will The important question for make sure the publishing of the Leavy, however,, is "whaf is the phone report is placed high on the role of the SBA on this issue and a list of SBA's agenda. He wants the lot of issues? What is the SBA student representatives to doing? Nothing." faculty-student committees Leavy wants the SBA to reach provisionally appointed by the out to students and make use of new president with the advice and their expertise. He thinks the SBA consent of the rest of the board, should be lobbyirrg in Albany for provided it can be done under the financial aid, for having the law by-laws of SBA. "The whole faculty salary schedule separated month of September goes by from the rest of the University without student representation on faculty's salary schedules and for the committees," said Leavy. more money for the law library. Leavy has called Professor Leavy thinks the SBA should Greincr's and Dean Headrick's be taking an active role in assuring answers "unacceptable" in regards more women and minority persons arc members of the student body. He wants the SBA to press for women and minority law professors. Leavy would like to have the SBA more representative of the student body and to be an advocate for students' interests. "No one even knows who the representatives arc. Students should be able to go to the SBA and expect some student support," he said. - .is enough! Once_ t Some things ure better the second lime around taking the bar exam isn't one of them. Take a good look at the Marino Josephson/BRC Course and we .think you will agree that there is no better assurance that you will have to take the New York Bar Exam only once. No other course has our ex/xrience (over thirty years with the New York exam and seven years with .the Multistate Exam), our record (over 30,000 New York attorneys, consistently superior New York passing rates, exceptional Multistate performance), our materials (our Capsule Outlines and Law Summaries prepared by the same people who produce the Sum & Substance of I aw series and annotated and edited by the Marino staff), the lecturers (drawing from Marino's experienced staff of bar exam specialists and BRC's faculty of over ninety outstanding law teachers) or our uniquely effective study program (the Programmed Learning System featuringconstant feedback, pacing and discipline). Manno-josephson/BRC - iiiflH^wiiini"""- BEST OF BOTH WORLDS IUWMHO/M)'.1. 8 Opinion < -.NiK SOt NEW YORK, NEW YORK 10036 212 730 7740 September 14, 197H to hjs questions concerning changes in the grading system. He wants the whole student body to THE FAMILY! LAWYER by Will Bfm.itd -. .— "It Takes Two" Some years ago a certain Mr. and Mrs. Miller were arrested on a charge of conspiracy to bum down their neighbor's house. The evidence was clear that they had indeed hatched such a plot. Yet the court decided they could not be convicted. "It takes two" to make a conspiracy, said the court, and in the eyes of the law a husband and wife are considered only one person. For centuries this was the rule of the common law, based on the doctrine that a woman's legal identity merged into that of her husband when they got married. But in recent years, most courts have had no difficulty in seeing husband and wife as separate individuals, fully capable of forming a conspiratorial twosome. One judge spoke of "overwhelming evidence that one plus one adds up to two." Thus, in a more recent case, another couple were found guilty of conspiring to sell narcotics. Said the court: "Each has a distinct personality and a will which is not destroyed by any process of spousal fusion. Women should not lose their identity—or their responsibility— when they become wives." Another ancient rule now in retreat is that a woman who commits a crime in the presence of her husband may be presumed to have been acting under his coercion. This was the defense invoked recently by a woman accused of driving through a red light. She claimed that since her husband had been sitting next to her at the time, she was presumed to have been under his control. But the court found the argument obsolete and the woman guilty. Noting that "a wife is no longer a marionette, moved at will by the husband," the court said: "Where the reason for a rule fails, the rule itself fails." A public service feature of the New York Slate Bar Association and the American Bar Association. © 1977 American Bar Association Test Tube Case Reviewed continued frompage / addition, the defense sought to prove that given the state of the art five years ago, the chances of the procedure succeeding were almost nil. The most severe blows to the plaintiffs' case came during cross-examination by John ). Bower, attorney for Columbia University. Bower espoused several important differences between the Shcttles procedure and that followed in the successful English pregnancy. Among them was the fact that Mr. Del Zio had personally transported the test tube containing the eggs to Columbia Presbyterian in a taxi, while the correct procedure (as stated in articles written by Dr. Shettles himself) was to immediately place the test tube containing the eggs in an incubator at 98.6 degrees. When Bower confronted Shettles with this fact on cross, Shettles claimed that the test tube would have reached 98.6 degrees since Mr. Del Zio carried it in his hand and his body temperature was about 98.6. Bower also introduced inconsistent statements by both Sweeney and Shettles. He thereby cast doubt on the faith which the two men had in the outcome of their own procedure. The jury returned a verdict in favpr of the Del Zios. Mrs. Del Zio was awarded $50,000, and Mr. Del Zio $3. The Del Zios immediately claimed victory, notonly for themselves, but for all those women who desire the same procedure. However, in view of the fact that the Del Zios -originally sued for $1.5 million, their victory is not so clear. The verdict might equally be viewed as a victory for the defense in overcoming the tremendous pre-trial sympathy for Mrs. Del Zio and the impact of the English , birth. It remains to be seen whether the verdict for the Del Zios will stand. Upon hearing the jury's verdict, the attorneys for the defendants motioned for judgment notwithstanding the verdict. Judge Stewart reserved decision on the motions. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-09-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 19 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/14/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c66e8bf38af241d7ea2d9929a18348ad.pdf af929c3c402d585be786b38e64ac8845 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14:60 Volume 18, Number 11 - Coffee and Doughnuts Student Lounge 9:30 A.M. Meeting with the Dean and general information Moot Court Room 10:30 A.M. Small Group Tours First Floor - 8:30 A.M.— Information 5:00 P.M. Lounge 1:00P.M.— 5:00 P.M. Organization Meetings announcements) Booth in First Floor (watch for will consist of a two-day program, August 25 and 26, and a picnic on August 27. There will be continuing orientation during the semester. year The major focus of Orientation will be helping new students become acquainted with the law school building, their fellow students, their professors, and life in the Buffalo area. The Orientation Committee is striving to organize a program which will help newcomers to meet each other, upper class students, and professors before the semester begins. First year students are encouraged to attend this Orientation and take advantage of opportunities which are not available once classes get underway. - Wine and Cheese Party meet faculty, administration, and staff (location to be announced) What's Inside Orientation Schedule Saturday, August 26th 1:00P.M.5:00 P.M. — Section Meetings meet the faculty for your section followed by question and answer session with second and third year students - Information Booth in First Lounge Floor ............ Organization announcements) Meetings (watch for A Message From TheDean 1:00P.M.- 5:00 P.M. - ....,.,... .1 .2 Getting Around Buffalo And The Law School ..... ,*.. .3 ...,........... .4 .S Your Courses And Professors -A Profile 8 ............,,...,,, ,§ Administration Profiles Picnic near tennis courts at Ellicott Complex (alternate rain location will be Wide World of Torts announced) Recess NOTE: An updated schedule will be handed out at Orientation. v,,, ........ What They Expect From You Sunday, August 27th � HELP! Where To Find 1t... Law Student Activities 1:00 P.M.— 5:00 P.M. July 6,1978 The Orientation Program for incoming students this 8:30 A.M. 10:30 A.M. PAID Buffalo, New York Permit No. 708 Welcome To Law School Friday, August 25th — U.S. Postage State **m\. University of New York at Buffalo School of Law Fall '78 Law School Orientation Schedule 8:00 P.M. 11:00P.M. Non-Profit Organization ,j. , ..,,,.,.,., Ji .11 14 �Welcome to 0'Brian Hall! The Opinion staff and the Orientation Committee have put together this summer issue to introduce some of the faculty members with whom you will have the good luck or misfortune to contend, to acquaint you with the law school and the university at large, to report on law student organizations and activities available to you, and to show you that things other than blizzards and unemployment go on in Buffalo. Law school is quite an experience, and we hope some of the information herein (you might as well begin to get used to legal jargon) will make the good times better and more frequent and the bad ones easier to cope with. *�■_... *** Rake muck for the Opinion, the U.B. LawSchool's student newspaper. Published bi-weekly, the Opinion covers a diverse range of material, from school politics to events in the world of law, from book reviews to the intricacies of stuffing sausage. If you're a budding Tom Wicker or Art Buchwald whose career has been or even if you've never interrupted by law school stop by and see us during picked up a blue pencil Orientation. Our Office is in Room 623. - - HELP! find . . . Registrar's office 636-2060. - Bill or Mary Lundquist, Orientation Information Allan Canfield's office, or 895-7948. Office of Admissions and Records 636-2060. PlacementOffice Vol. 18, No. 11 July6,1978 EDITOR-IN-CHIEF Jason Poliner Managing Editor Randi Chavis News Editor Feature Editor Business Manager Chief Photographer...'.' Tim Cashmore Payl Suozzi J.R. Drexelius Michael Shapiro The Orientation Steering Committee Members are:Bill Lundquist, Mary Lundquist, Tony Leavy, Ted Donovan, Gene Krauss and Allan Canfield. Photos: Mike McAleer, Wayne Alexander Graphics: Wayne' Alexander 2 - c/o 306 0'Brian, - 309 0'Brian, 636-2056. Bulletin Boards: Registrar 3rd floor • - - Official Notes, Grades, Class Placement - 3rd floor - Job Openings, Placement Information. Financial Aid - 3rd floor, usually on door of Rm. 303 - Financial Aid Information and Deadlines. Housing - Ist floor lobby. Class Notices 2nd floor - Class Assignments and Schedule Changes. Student Messages - Ist floor lobby, 3rd floor across from Office of Admissions and Records. Dean's Office - 3rd floor - Official Notices from the Office of the Dean. Student Bar Association — 2nd floor, or on doorof Changes. ,. Cathy E. Kaman Acting President, SBA - Charles Wallin, Registrar, 313 0'Brian, Allan Canfield, Assistant Dean for Student Affairs, 311 0'Brian, 636-2057. Good luck to you all in the coming semester! To oll new students:. Once you officially enroll in SUNY at Buffalo Law School you become a member of the Student Eiar Association. The organization is run by an executive board and a board of directors. Each class elects directors to serve on the board and incoming first year students elect their directors several weeks atter Fall classes begin. SBA members serve on faculty committees, such as admissions and academic policy and planning, and work with local and national bar associations to attract speakers andalumni to the Law School. I urge all of you interested in student government to consider running for election to the board this fall. More information will be forthcoming during Orientation. it Where to - offices on 1st floor. , ; , — University student association Survival Guide publication giving information on life in Buffalo: what, when, where, how, who, how much, etc. This will be handed out at Orientation. - - The 0'Brian Notes A Handbook for Law Students To be handed out at Orientation. This booklet has information on all phases of university and law school life. It features sections on academic and financial aspects of the law school, as well as information on student organizations, activities, publications, and life in general. - University-Wide Information University Information Services at Crofts Hall, Main Street Campus. - Notes & News This is a law school newsletter which comes out every two weeks and contains announcements, coming events, and miscellaneous newsworthy items. i i �A Message From The Dean Education has many rituals. One of the more cliche-ridden concerns the welcome of new students. Usually they are invited to join in a great adventure to explore worlds unknown to them and perhaps to all mankind. They are told at length about the glories of completing the degree and remaking some corner of society, One gentle voice within me says: observe the ritual; it is expected; it does not hurt. Another voice says: drop it; give it to them straight. In lawyerlike fashion, I come down in the middle. A legal education does open doors, both for your intellect and for your ambition. Our concern is with your intellect. If we do our job and you do yours over the next three or four years, you should acquire a metal agility and toughness that enables you to form and dissect legal and factual arguments. You should develop a good map of the law that prepares you for locating any client or institutional problem in its legal as well as non-legal context. You should learn how the legal system works, not just how it appears on the paper of constitutions, statutes, and codes, but how it really operates, how it affects people and institutions. You should expand your capacity for learning quickly about a problem and for picking up the knowledge and information required to find a workable solution, which may not always be a legal solution. You should gain sorrle expefteTice, vicarious and actual, in wrestling with the sometimes competing claims ot client anu conscience, for you will have to serve both masters in your legal career. The State University Law School exists to provide education for lawyers who will become leaders in the profession and in the larger society. If you see the end of a legal education merely to be getting the J.D. and passing the bar exam, your legal education will be a failure. It is most likely that you will become a legal mechanic. But if you come to see legal education as one means to understanding how, our society in its infinite complexity functions, both well and poorly, you will have begun your way towards becoming a leader. You will have taken the best from the legal education that this law school provides. You can become a leader or a mechanic. It will depend on how you choose to approach your legal education. Our curriculum has many doors awaiting only your push to provide openings for both your intellect and imagination. Together, the courses and the faculty offer extensive opportunites to develop your mental agility, learn the legal, map, study how the expand your ability to learn system operates, quickly and wrestle with competing,moral claims. Choose well, choose broadly, and good luck. Thomas E. Headrick Dean 3 �Getting Around Buffalo and the Law School O'Brian Hall O'Brian is the center of the law school universe. If incoming students plan to visit the school during the summer, it will be helpful to know a few things in advance. O'Brian is located on the Amherst Campus at the corner of Millersport Highway and Maple Road. You will probably have to acquire a map of the campus, or rely on the advice of friendly natives in order to find your way around. Inside O'Brian, the first floor contains large lecture rooms and a student lounge. The entrance to the library is on the second floor along with academic bulletin boards and smaller class rooms. 'Administrative offices, such as the registrar's and Dean's offices, are located on the third floor. These offices will be open during business hours on week days during the summer. Professors' offices and offices of student organizations are located primarily on the fourth through seventh floors. There is no building directory so one usually must ask on the third floor if a particular person or office is sought. Transportation The Amherst Campus is three miles north of the Main Street Campus, which is located within the city limits of Buffalo. The University provides buses between the campuses. Schedules are posted on the first floor of O'Brian and at Squire Hall on the Main Street Campus. Schedule information may be obtained by calling 831-1476. Transportation around the Buffalo area is fairly easy with a car. Maps may be obtained at Squire Hall on the Main Street Campus, or in Norton Hall on the Amherst Campus. Marine Midland Banks usually have good maps as well. City buses travel up and down Main Street regularly. Bus stops are marked by yellow signs and yellow painted bands on light poles. It takes roughly a half hour to travel from UB to the downtown business section on Main Street. The Greyhound Bus Terminal is on Ellicott Street, near Main Street and the business section. You can write to Metro Bus, 855 Main St., Buffalo, N.Y. 14203 for city bus schedules. Also, many banks carry bus schedules, and the major bus stops downtown have schedules posted for major routes. Housing Good housing can be found at many prices in the Buffalo area. The market fluctuates so it is hard to give advice now for the late summer, but a few hints are in order. Buffalo is a working class city. A lot of individuals own two or three houses and rent them for supplemental income. As a result, rental agencies often' do not have the best listings and also charge a lot for their services. For these reasons, you will probably be better off using other sources. " Get a map of Buffalo and try to orient yourself. The law school is located in the relatively wealthy suburb of Amherst, north of the City of Buffalo. Housing here is not cheap, but usually of high quality. There is little public transportation out in Amherst and most stores are located in malls. If you have a car and the money, Amherst may be the place for you, but you will have to travel for both entertainment and your personal needs. If you travel southwest on Millersport Highway, which runs along the east side of the Amherst Campus where the law school is located, you will run into the corner of Main St. (Rte. 5) and 4 earner Bailey Aye. (Rte. 62). Running southwest from this is the Main Street Campus of ÜB. This corner also marks the northern boundary of the City of Buffalo. The area around the Main Street Campus, especially to the South and West, for as far as you can walk in about 20 minutes, constitutes the major area for student housing. Housing here is not especially cheap when you consider the quality of many of the homes. Unfortunately, location drives up the cost of living in this area. It is extremely convenient for those who don't have cars because the University maintains a shuttle bus to the Amhest Campus at no cost to students. There is also good public transportation right off the Main Street Campus going downtown into Buffalo. The Main Street area has a variety of shops, restaurants, banks, and services, too. Main Street is really the main drag for Buffalo and useful for map navigating. It runs along the west side of the Main Street Campus heading southwesterly into the heart of the City. If you follow Main Street to the other side of the railroad tracks to the southwest of the Main Street Campus, you find another good housing area, west of Main Street and south for 1quite a number of blocks. Loosely, this is the Hertel Avenue Parkside Avenue area. Housing is cheaper here and the neighborhoods are quite lovely in spots, but it is really too far to walk. Taking the bus to the Main Street Campus every day can be expensive at 45 cents (exact change necessary) each way. Another landmark in Buffalo is Delaware Park. It is bounded by Amherst Street to the north and Delavan Avenue to the south. It is west of Main Street and east of Elmwood Avenue. The park is large; it has a golf course, playing fields, and a large lake. The Buffalo Zoo is located there. The Art Museum and Historical Society are located on the wesf end of the lake. * This west end of the lake is also near Buffalo State College, which is on the west side of Elmwood Avenue. The'student union here is a good place to check for housing in the area, usually known as the West Side. The West Side area runs south of Buffalo State for a long way. This area is cheap to live in and is very popular with students. There are strong communities here with lots of services, but it is a long drive to the law school. These are just the major areas that are populated with students. You should choose an area to suit your pocketbook and transportation needs. For law students it is important to remember you need to be able to get all the way downtown straight down Main Street to the central, Buffalo .business district. This is where all the main courthouses are located and where most attorneys have their offices. This may not be so important forfirst year students, but if you plan to settle in one place for the next three years, it is a factor to consider. A really good source for housing prospects are bulletin boards, especially if you are willing to move in with other students who are looking for roommates. Check the board on the first floor of the law school for possible housing with other law students. Roam some of the other buildings on both campuses as many people hangsigns all over. There is an off-campus housing office at Squire Hall on the Main Street Campus. This office has some listings of available rentals and information on what to watch out for in selecting housing in Buffalo and signing a lease. The office is open 9 a.m. to 2 p.m., Mon.-Fri. The phone number is $31-5534, but no -continued on page 16 i — — ■■ • �Law Student Activities ORGANIZATIONS NATIONAL LAWYERS GUILD The N.L.G. is a nationwide organization of lawyers, legal workers, law student and jailhouse lawyers who use their legal skills to aid the struggles of working people, minorities and women, Founded in 1937 as an alternative to the American Bar Association, which at that time excluded Blacks from membership, the Guild recognizes the relationship between law and politics and stresses the need for political involvement. The Buffalo Chapter offers a unique opportunity to remain politically active while attending law school. During this past year members have worked on an anti-sexism committee, a Community Law School and a prison project. The anti-sexism committee has concentrated on gay rights and many issues of special. interest to women. The Community Law School involved members and organizations working together to present' a series of classes on areas of law that affect people in their daily lives. The prison project has been working with prisoners in nearby Attica Prison. The project recently helped a group qf inmates organize a legislative action conference inside the prison at which Ramsey Clark was the principal speaker. These are ongoing projects and new people are needed to bring energy and ideas. In addition, new projects are continually initiated by the chapter. The Guild has co-sponsored educational and cultural events including workshops on the Bakke case, a performance by the Little Flags Theatre of Boston and a presentation on theCuban legal system. We,hope you will join us in expanding and developing our program during the coming year. .. , P.R.L.S;A. /A,L.S-\. The Puerto Rican Law Students Association (PRLSA) and the Asian Law Students Association (ALSA) are dedicated to helping 'and pursuing the interests of non-Black minorities both in the law school and in the community. Presently, we are committed to increasing the minority population in this school. An active recruitment of minority students is underway by our organizations. Also, we are committed to the hiring of minority faculty and administration members. Presently, the law school has no minority administration or faculty member. Despite these areas of concern, we have faith in the future growth of the SUNY Law School at Buffalo. We invite all students and faculty to join us in shaping the school's growth. Our office is located in Room 604. INTERNATIONAL LAW SOCIETY First, the International Law Society would like to welcome you to UB Law School. Second, the I.L.S. would like to offer you this membership pitch. The I.L.S. 'is a student-run organization devoted to the •fl|fds of international and comparative law. The Society is, itself, a member 6? the Association of Student International Law Societies; our membership brings with it numerous advantages, ranging from general information about International Law to the Jessup Competition (an inter-school Moot Court Competition). Within the law school, the I.L.S. serves as a focal point for the school's International Law Program. The Society's faculty advisor, Ms. Virginia Leary, is an associate professor of international law at ÜB. Hence, as one might expect, the I.L.S. is a most effective means for dissemination of information to students interested in international and comparative law. This year's I.L.S. Executive Board members are President Larry Cohen and Vice President Ted Firetog. Plans are being made for meetings with other International Law Societies, membership for the Society in the American Bar Association's International Law Division, and a Career Workshop in International Law. The I.L. S. will again this year participate in Jessup Competition. Nowfor the real pitch If you're interested in international law and would like to participate in any of our activities, I suggest you speak with an I.L.S. representative at orientation and come to our first meeting. The Society is small enough for your membership to make a difference and large enough for your membership to .. matter. LAW REVIEW The Editorial Board of the Buffalo Law Review would like to take this opportunity to welcome the members of the Class of 1981 and to briefly describe the Review. The Review is a journal publishing scholarly articles of legal interest by students, faculty, and other members of the profession. The Review serves several important functions. First, it provides law students with an intensive research, writing, and editorial experience that is not otherwise available in the law school. Second, the Review is a forum of scholarly thought and debate of great importance in the legal community. Third, the Review is a major representative of the law school in national and internationalacademic and professional circles. The members of the Review are second and third year students who receive three credits after successfully completing their Review obligations. Membership is on a competitive basis. Students are selected on the basis of first year grades and the results of a writing assignment which applicants must complete in the spring of their freshman year. Review membership entails both responsibilities and rewards. The responsibilities include the completion of whatever tasks are necessary to produce the journal, as well as the production of an article for publication. The demands.on time and energy are considerable. The rewards include the personal satisfaction and the education which are the by-products of the hours spent at these tasks. The members of the Buffalo Law Review wish you all a year of excitement and fulfillment. Best wishes as you embark on your legal careers. -continued on page 16 5 �What They Expect From You a memo to first year students from Grace Blumberg I recently learned that the following memo, which I wrote at the end of my first year in law school, has been regularly distributed to incoming students. My first impulse was to suppress it but I have been persuaded otherwise by students who say that they found it helpful. I would, however, like to qualify some ofmy earlier advice. First, the memo was not written for all incoming students but was instead intended for a small group of students who were expected to have more than theirshare of adjustment problems. Furthermore, even if the memo had been intended for all incoming students in 1969, they were, in terms of entrance credentials, quite different from more recent classes. The study methods suggested in the memo, while perhaps still useful for most students, may not be necessary for some members of the present first year class. Second, the tone of the memo is one of unremitting labor and considerable strain. While tension is unavoidable at exam time, the rest of the endeavor need not be particularly stressful. It is, I think, feasible as well as desirable for first year students to work no more than a slightly extended work week, i.e., 9 to 5 weekdays and one day of the weekend. If you use your time efficiently, there should be no need to give up extra legal interests, abandon your friends, widow your spouses and orphan your children. The first year student needs two kinds of discipline, that of work and that of maintaining balance and perspective. What They Expect From You: That you will master all the material and that you will be able to synthesize it and apply it to concrete problems. You will be required to do this under extremely adverse conditions, the final exam. A. How To Master The Material 1. Do exactly what they tell you to do. Brief every case. Read everything that is assigned. Since it is humanly impossible to read every case collaterally mentioned in class, do not bother to even write down the citation unless the instructor gives you the impression that you are seriously expected to read the case or says that it will be discussed in class. 2. Re-read each case or textual note until you feel you understand it completely. Take ample notes and briefeach case in sufficient detail so that you can use it rather than the casebook when the case Is discussed in class. Don't spend too much time pondering the questions posed in the case notes. Many of them are frivolous, irrelevant or unanswerable. 3. How to read a case: Read the case checking off the essential points. Re-read the case to catch any points you may have missed. Then write your brief. This method is slow and tedious but it is effective. Do not be disturbed if you can only cover sto 10pages an hour since the weekly assignment in each course will usually be no more than 40 pages. 6 I 4. Use legal notebooks and write only in the right hand margin. If you have any questions, write them in the left hand margin. When the case is discussed in class, you wiH'readily see the question. (If it is not answered in the course of the discussion and if you do not get a chance or are too reticent to ask it, see the instructor after class. He will not mind and will probably be very patient, particularly during the first month.) Put your class notes in the left hand margin. If you find you are taking extensive class notes which should not be necessary if you have briefed the cases and the instructor is not giving you additional material - you can use the right hand margins of only one side of each page and then have plenty of space for class notes. This way you will be able to keep all your material on any one case, class notes and your brief, together. About taking notes: if you are forced to make a choice between trying to write everything down the instructor says and trying to follow his train of thought, stop writing and listen. It Is more relaxing and you will get more out of the class. - 5. A few thoughts on reading cases and writing briefs: a. Get the facts straight. Make a diagram. Who' is suing and what does he want? b. Don't waste your time trying to anticipate What the outcome will be, particularly during the first few months. You won't know enough to do it with any degree of success; you'll only succeed in needlessly deflating your own ego. c. A case is an opinion, a statement made by a judge generally sitting on an upper (appellate) court in which he justifies a decision the court has just made. Generally, one man writes for the majority but there may be concurring opinions as well as dissenting ones. Always remember that you are reading a justification, even a rationalization, for a decision already made. The judge is writing the opinion to convince yoif that his decision was a good one; he is not writing with an open mind, not waiting to see where his learned considerations will lead him. He already knows. Be critical when you read. Is his approach logical? Is he stating the legal rules correctly? Are the rules truly applicable to this set of facts? Is he giving balanced weight to all the facts or is he conveniently ignoring some? At first, opinions will probably seem faultless to you. You won't know where or how to begin to criticize them unless you simply morally disapprove of the decision. However, after a month or so you will be able to and should begin to intelligently criticize what you read. d. Try to understand all the reasons for the judge's decision not just the reasons he gives in his opinion. Are there social reasons? Economic reasons? Other reasons? What are the ramifications of such a decision? How will it affect people in the future? What do you think about it? Ethically as well as legally. Is it reasonable? Is it fair? c. How does the case fit in with the ones you've already read? Does it add anything new? (It should or it would not be in the casebook.) Does it represent a development or a change in the law? • f. Regarding the specific form and content of briefs, there is a standard form which you will be taught in class. If you do not write well you can improve your1 style by, carefully composing your briefs. If you do write well there is no point in — — .. �bothering about the stylistic quality of your briefs. Although instructors place a great deal of emphasis on "style," they simply mean "clear and concise writing." Learn how to be direct, clear, specific and fluent. It is not necessary to have a highly polished or literate style. Florid expression and verbosity should be avoided. If you have had problems writing papers or exam essays, if your college instructors criticized your style or if it simply takes you a long time to set down your thoughts on paper, you should utilize every opportunity to improve your writing ability. Brief writing is a good opportunity. Because time pressure is a strong element in final examinations (for me it was easily the worst aspect), you must learn not only how to write well but how to do it very rapidly. B. Whether Or Not To Attend Class (This section is intended to apply only to those classesfor which attendance is not its own reward, thoseclasses you leave regretting that you did not spend the last hour someplace else.) Instructors will tell you that you are not compelled to attend class (true enough attendance is not taken) and that a student need not attend class and it will not be counted against him if he does well on his exam. This sounds all the more plausible when you consider that grading is anonymous. Each student has a number. It is difficult, however, to do well in a course that you do not attend regularly. While most of the covered material can generally be found somewhere or other in the casebook, the instructor normally uses classroom time to focus attention on the issues and areas he considers most significant. The final exam tends to reflect the classroom experience. C. Attending Class 1 i Be prepared for each class not because you will make a bad impression on the instructor or embarrass yourself if you are called on and have not read the material but because lack of preparation will totally defeat the specific type ofeducation process used in law school. The process is highly structured: a. They assign cases. it< b. You go home (or better, to the library) to read and briefthe material very carefully. You try to learn it yourself. c. You go to class. A student is called on to present his brief or the instructor begins discussion himself. In either case you get ah Initial chance to compare your comprehension with that of another person. There is general discussion and you get to compare your own understanding with that of the rest of the class. You are picking up any points you may have missed and you are engaging in a very important kind of reality testing. Do you really understand everything as well as you imagine you do? Or, conversely, if you suffer from lack of self-confidence (very common at first), do you really not understand as much as you fear or does one new fact or idea make everything clear? d. Over the weekend you review the week's work and things should start to fall into place. Do not be overly concerned if separate cases and materials don't seem to hang together on first view. It takes a while to make out the patterns. Now if you go to class unprepared, figuring that you will understnad the material better after it is explained in class, you are losing the most important part of the learning process, teaching yourself how to learn and use law, and getting the chance.to compare your level of comprehension with that of — . — — - yourfellow students and the instructor. Why you have to learn how to learn law by yourself: In law school they cannot possibly teach you "the law." All they can do is survey selected topics and teach you how to learn the rest yourself. When you have a research or moot court problem and when' you finally practice law, no one will explicate the law for you. That is your job. Therefore, the most important work you do at first is learning how to study and prepare the material that is given to you. D. What (I Think) They Want You To Learn In Law School And How They Will Measure Your Learning Success It may seem a little late in the course of your intellectual development to start developing the mental equipment that will help you do well in law school. But I think that you can still develop essential areas and also not waste your time worrying about deficiencies you think you may have if they are inessential or irrelevant. For example, I worried quite a bit about my rotten memory. It seems to have made little difference. You will never have to remember a date or specific fact or even a case name. As oversimplified as it sounds, they are trying to teach you how to be "smart," to be a "smart lawyer." To understand certain legal principles, to understand the reasons judges state and leave unstated for deciding as they do, to understand, the social, political and economic results. They want you, to be clairvoyant to see through what people say and do in short, to be "smart." They measure your success by your ability to organize and articulate your understanding and perceptions. You must be able to do this. I've already suggested careful brief writing as one exercise. Papers, written exercises and practice exams (even though they don't count) are good ways to accummulate skill before the godawful test of all you've done, the final exam. Examinations are practical in the sense that you are usually not asked to write essays about cases you have studied or about developments in a certain area of law. Rather you are presented with a massive factual situation (sometimes amusing the only redeeming factor) and you are asked to be a lawyer giving legal advice to one party (always taking into account the adversary's case) or to play a judge, decide the case and write an opinion. Two to six such problems make a three-hour final. If you are well prepared, there is no time to light a cigarette, drop a pencil or pause to choose one word rather than another. The only way to avoid the pressure of time is not to know too much. But that is also the surest way of failing. As far as I have gathered, most teachers.do not have a preconceived notion of the answers. They read over a substantial number of papers and then decide that, for example, in a twenty point question, there are ten relevant points. Each point you hit gets you a check mark. Ten check marks give you twenty points. It is easy to see that no matter how thoroughly or even brilliantly you explicate any one point you can get no more than two credits for it. The,.object is to hit every point you can quickly but amply enough to show the instructor you understand it and then to move on. Jt usually takes a maximum of three to four sentences to get yourcheck mark. Instructors talk a great deal about "organization" but this term, like "style," is a glorified .misnomer. To me, true — — . — .— continued on page 12 7 �Your Professors by lony Leavy The first year class is divided into three sections. Each section has four assigned professors who teach the required first semester courses: torts, contracts, criminal law, and civil procedure. Torts is the study oflaw suits arising from the intentional or negligent acts of others. You will study the types of legal rights which may be protected by the courts. Examples of tortious acts are assault, battery, false imprisonment and negligent acts which cause injuries. Contracts is the study of how the courts interpret and treat written and oral agreements. You will learn what is required for the enforcement of a contract by a court. Criminal Law introduces the student to basic concepts in criminal law. Definitions of basic crimes and their components will be examined, such as homicide, robbery, larceny, criminal intent and what constitutes a criminal act. Gvil procedure is the study of the rules {governing law suits, and how the courts interpret them. Some of the topics examined are jurisdiction of the courts over subject matter and persons, rules pertaining to how notice must be given to persons involved in the matter to be litigated and how discovery of evidenceis to be carried out. Bradv J. Section 1 criminal law professor James B. Brady received his B.A. in 1961 from Southern Methodist University, his J.D. in 1964 from the University of Texas Law School, where he was an associate editor of the Texas Law Review, and his Ph,D. in 1970 from the University of Texas. Brady has been a member of the Philosophy Department at U.B. since 1967, where he is presently an associate professor. He also served as associate chairman of the Philosophy Department from 1970-72 and as an assistant Provost of the Faculty of Social Sciences and Administrationfrom 1972-75. 8 Brady has published several Law Review articles on such topics as the insanity defense, strict liability offenses, negligence and legal philosophy. R. Bell Professor Richard Bell, who is teaching section 1 torts, received his B.A. from Northeastern University in 1964. He then attended graduate school at California State University, San Diego from 1966-69. He earned his MA. and J.D. from Yale University in 1973 and is presently a candidate for his Ph.D. from Yale. Bell was a pension plan analyst for the Continental Insurance Company of Chicago from 1965-67. He has been on the faculty at Buffalo since 1974. His present research includes a three part series, "Standards of Proof," "Burdens of Proof and Presumptions," and "Intention and Motivation of a Legislature." As well as torts, Professor Bell's teaching interests include conflict of laws and evidence. M. Breger Professor Marshall Jordan Breger, who is teaching section 1 civil procedure, received a joint 8.A.-M.A. in 1967 from the University of Pennsylvania, a B. Phil. (Oxon) in Politics in 1970 from Oriel College, Oxford University, and his j.D. from the University of Pennsylvania in 1973, where he graduated magna cum laude, was a member of the order of the Coif, and served as an editor of theLaw Review. Breger served as a law clerk in 1973-74 to the Honorable Marvin Frankel, U.S. District Court for the Southern District of New York. He has also been a Mellon Fellow at the Aspen Institute for Humanistic Study, a member of the Board of Directors of the Legal Services Corporation of Washington, D.C. and has served as a consultant to the Administrative Conference of the United States, Washington, D.C. Breger taught at the University of Texas Law School before joining this faculty. Breger's publications concern public interest groups, the delivery of legal services, and the insanity defense. He is currently doing research on the ethics of social science experimentation, problems in legal aid, and legal ethics. Priest G. Section 1 contracts professor George Priest received his B.A. in 1969 from Yale University and his J.D. in 1973 from the University of Chicago. Priest taught at the University of Puget Sound in 1973-75 and was a lecturerand Fellow in Law and Economics at the University of Chicago from 1975-77. He joined the Buffalo faculty last fall. Priest's published works concern law and economics, the history of the postal monopoly, cartels and patent license arrangements, and the Uniform Commercial Code. Among other subjects, he is presently researching the history of the common law, utility rate regulation, products liability, and a comparison of the U.C.C. and the common law. Section 2 civil procedure professor Paul Spiegelman received his A.B. in 1964 from Columbia College where he earned the Dean's Letter of Commendation; and his L.L.8., magna cum laude in 1967 from Columbia University School of Law, where he was a member of the Law Review Board of Editors. Spiegelman served as a law clerk to the Honorable Jack B. Weinstein, U.S. District Judge, Eastern District of New York from 1967-68, assistant to the General Counsel, Department of the Army, Washington, D.C. from 1968-69 �and as an attorney for poverty and civil rights organizations. He has also been a member of a small firm specializing in employment discrimination cases since 1971. While engaged in private practice Spiegelman taught law at Wayne State, Golden Gate University, Hastings College and the University of Utah. Spiegelman joins the Buffalo faculty full time this semester. Professor Philip Halpern, who is teaching section 2 criminal law, received his B.A. from Columbia College in 1968 and his J.D. from the University of Pennsylvania where he graduated magna cum laude in 1973. At the University of Pennsylvania he was a member of the Order of the Coif and served as an editor of the Law Review from 1972-74. From 1968 to 1970 Halpern served in the U.S. Army. During 1973-74 he was a law clerk to the Honorable Stanley A. Wiegal, U.S. District Court Northern District of California. He then served as a legal counsel for the Legal Aid Society of New York City from 1974-75. Halpern practiced law in San Francisco before joining the faculty at Buffalo. Halpern has written Civil Rights Removal After Rachel and Peacock: A Limited Federal Remedy for the University of Pennsylvania Law Review. M. Girth Section 2 contracts professor Marjone Girth received her A.B. in 1959 from Mount Holyoke College and her L.L.B. in 1962from Harvard. Girth has had experience in local government law in Middlesex County, New Jersey from 1963-64. Between 1962-65 she was also in private practice in Trenton, New Jersey specializing in bankruptcy work. She then served as a Research Associate for the Governmental Studies Program at the Brookings Institute from 1965-70, where she was co-author of the Brookings Institute's study of the administration of the bankruptcy laws. Girth also consults with local governments on their financial problems and serves on local, state and national bar association committees concerned with reforms in commercial law and the administration of justice. She joined the Buffalo faculty in 1971. Section 2 torts professor Joseph Laufer (affectionately known as the "silver fox" to his last year's torts class) has taught at Buffalo since 1957. He received his LL.B. from Duke University in 1940 and his LL.M. in 1941 from Harvard. Laufer has practiced private law and has worked in the Solicitors Office ih the Department of Labor and the Office of Alien Property in the U.S. Department of Justice. He also served as a Resident Fellow and Director of the Harvard-Israel Coop Res. for Israel's Legal Development from 1952-57. He was also a Lecturer in Comparative Law, Harvard in 1957, a Harvard Resident Fellow, Hebrew University Jerusalem from 1963-64 and a visiting professor of Inst, of Foreign and Comparative Law, McGill University from 1967-68. Besides torts, Laufer's teaching interests include insurance law, conflict of laws, comparative law and domestic relations. Professor Al Katz, who is teaching section 3 criminal law, received his B.S. from Temple University in 1963, his J.D. from Berkeley in 1966 and his LL.M. from Berkeley in 1967. Katz was a lecturer in law at Boalt Hall in 1967. He served as a staff member of the American Bar Foundation from 1967-69 before joining the faculty at Buffalo in 1969. Professor Katz has also been a member of the Board of Directors and has served as General Counsel to the Buffalo Organization for Social and Technological Innovation and Counsel to the Buffalo Chapter of the American Association of University Professors. Katz has written numerous book reviews and law review articles concerning topics such as privacy, pornography, conspiracy and morality in the criminal law. His current research concerns boundary theory. Besides criminal law, Katz's teaching interests include evidence and federal jurisdiction. . i '.',:' v:__a__H_M_H__M_i Lindgren J. Section 3 torts professor Janet S. Lindgren received her B.S. summa cum laude from Macalester College, St. Paul, Minnesota, where she was Phi Beta Kappa. She then received her J.D. magna cum laude in 1971 from the University of Wisconsin. After having taught legal writing at Wisconsin from 1970-71, Professor Lindgren served as a law clerk to the Honorable Thomas A. Fairchild, U.S. Court of Appeals for the 7th Circuit in 1971-72. She then served as. a Bigelow Teaching Fellow and Instructor at the University of Chicago Law School, before joining the Buffalo faculty in 1973. A. Konefskv Section 3 contracts professor Alfred S. Konefsky received his B.A. from Columbia University in 1967 and his J.D. from Boston College in 1970. Konefsky was a Book Review Editor of the American Journal of Legal History and an Editor of the Legal Papers of Daniel Webster at Dartmouth College, He was also a Charles Warren Fellow in American Legal History at Harvard Law School and in 1976 he taught at Boston College Law School. Professor Kopefsky joined the Buffalo faculty in 1977. Professor Konefsky's publications include works on Daniel Webster, the history of american lawyers, and biographical essays on Joseph Story, James Wilson, and James Kent. J. H. Schleg l Professor John Henry Schlegel, who is teaching section 3 civil procedure, received his A.B. in 1964 from Northwestern University and his J.D. from the University of Chicago in 1967, where he was a member of the order of the Coifand the Law Review. During 1967-68 Schlegel was a teaching Fellow at Stanford University Law School. He then served in the Legal Aid Society of Chicago from 1968-73. Schlegel joined the faculty of Buffalo in 1973. His publications include articles on conscientious objectors, judicial decision making and Civil procedure. Schlegel's interests, besides civil procedure, include commercial law, judicial decision making, public utility rate regulation and counseling. 9 �Administration Profiles by Lundquist Mary student handbooks and catalogs), provides academic and personal counselling to students, assists in the dual-degree program and student recruitment, and serves as liaison for minority student affairs. Canfield has been with the law school since 1974, when he served as Assistant to the Provost. He moved into his present position in 1976. Mr. Canfield serves on the Faculty-Student Relations Board and the Mitchell Lecture Committee. He teaches Sociology part-time at Canisius College, and is currently working on a Ph.D. in Speech Communications, researching communicative skills among law students. Canfield received his B.A. in History and Government in 1963. and M.S. in Social Sciences emphasizing Latin American Affairs in 1971 from ÜB. He Charles H. Wallin, Registrar and Corry, Pa., is 43, and has two born in was O'Brian), (313 Assistant to the Dean children. oversees student records, compiles grade data, assists students with academic concerns and grievances, schedules courses, guides students seeking financial aid, serves as the law school's budget and finance officer, and supervises the admissions staff. (319 Thomas E. Headrick, Dean Wallin received his B.S. in accounting. O'Brian), supervises the administration of previously served as the Assistant He the law school and implements faculty William R. Greiner, Associate Dean academic policy. He maintains contact University Financial Analyst for the UB and close relations with alumni, members Budget Office. He is married and has five (422 O'Brian), provides counselling on major student academic problems, acts on of the profession, and friends of the law children. school. The Dean represents the law student petitions, assists in relations with school within the University, the local other academic units and University central administration, and serves as community, and the state, and in legal and higher education generally. Chairperson of the Admissions Headrick has held the position of Dean Committee. • 'since 1976. Before joining the University, Greiner joined the faculty in 1967. He has served as the Chairman Of the Legal ■ he served as Vice President for Academic Affairs at Lawrence University, Appleton, Studies Program (1969-71) and was Wisconsin, from 1970 to 1976. He was Associate Provost at the law school from the Assistant Dean at Stanford Law 1971 to 1974. He is Chairman of the School, Stanford, California, from 1967 University-Wide Faculty Senate By-Laws "'"to 1970. Committee. His teaching interests include Headrick received his B.A. in federal, state, and local taxation, real , Government from Franklin and Marshall property, state and local government, and in 1955, his B. Litt. from the legal processes. University of Oxford, Lincoln College, in Griener received his B.A. from Wesley an University in 1956. At Yale 1958, where his field was politics and public administration, his LL.B. from University, he received an M.A. in Yale Law School in 1960, and his Ph.D. Economics in 1959, a J.D. in 1960, and Allan L. Canfield, Assistant Dean for his LL.M. in 1966. He was born in in Political Science from Stanford Student Affairs (311 O'Brian), relates to Meriden, Conn., is 44, married, and has University in 1975. The dean was bom in .East Orange, the Student Bar Association and is four children. ■•, involved in student activities generally, New Jersey, is 45, married, and has two administers student evaluation of faculty, children. f •'. continued on page 15 manages law school publications (such as . . ,_ 10 - �Wide World of Torts . by John Simson flying. If by some strange fortune you answer correctly, your semester is The following is a short list of guaranteed. You will never again be called explanations, perhaps apologies, for the upon until you raise your hand. The way things arc done at Buffalo Law professor will know that you're the type School. I was asked to prepare this short of person who is prepared; and instead warning by the newly created Office to will pick on those persons who try to Make People Feel Good. They thought fake out the professor by remaining so that since 1 was the last student accepted still that most of the class would appear in my class, I could pass along that feeling dead to the untrained observer. (The of relative paranoia that one feels upon furious sound of arms busily notetaking is entering school, on the second day. (I the giveaway). I should probably pay wasn't admitted until 4:00 p.m. on the tribute here to Ralph Stairsteps, a law J. first day of school). student who remained so still during his By the end of your first semester here, first semester, that he never left his seat, you will be able to glance back at this never took a note, never moved from the piece with a knowing smile and a wish lecture hall; and used the interesting that you hadn't lost as much sleep as you technique of astral projection to satisfy did to do as well as everyone else did all his bodily needs while in that position. anyway... I should add that the first day participator strategy does not always work. Many profs like to think that The GradingSystem certain students can help them out; We do not have number grades only particularly when the quiet sections of letters. Those letters arc H, Q, D, and F. the class are not responding. It is at this The D and the F mean what they always time that you are in trouble. To avoid did, the H and the 0 sort of a hybrid being called on there are two options. ABC. I had always wondered why such Either look sick, or so preoccupied-shown strange letters were necessary when ABC by an extremely quizzical pose -making were well known, had been around for a it obvious to all that you are about to puzzle, which of long time, and had several other solve some amazing legal share with the class as will you course instance, For B's if significant advantages. soon as it's worked out. Another were used instead of Q's, the typical first Caution: know that people Professors all four first year student upon receiving who speak ? dumb. The smart people semester grades would not say "Oh don't waste ilr energy talking, when Damn, Four Q's!" they're having trouble enough just writing down every word spoken in class. Classroom Etiquette You may fall asleep in class it is impolite to rustle your HOWEVER, The do's and don't's of the lecture hall New York Times while doing a crossword 'S are quite important. It could mean the puzzle. It is likewise improper to raise difference between a very successful your hand and ask your professor for a a career, and the professor giving you word meaning South three-letter dime to call your mother. (Actually at Ice Cream Flavor. UB you'd have to use your own dime to Jamaican Another critical decision made in the call your mother)... Caution: There are many strategies available do not think first year is where to sit. The front row always seems too eager, the back row too this is the only one. On the first day it is always good to slothful. Right in the middle seems to be make a nice impression. You will not do right in the teacher's line of vision. this by sitting motionless in your seat. If Studies were completed by students of you can answer only one question, this law school, on a grant from the volunteering some information, you are National Classroom Administration, and - - — ' • - it was discovered that the sixth row optimal protection from classroom enquiry (professor's questions). With all of this in mind, I set out to the library where all legal secrets arc kept. I found my source thumbing through Black's Law Dictionary. She smiled and said, "One of the greatest mistakes made by first year students is when they fork out the money for this book. I opened mine twice in three provided - years." Me: Tell me about it. Source: The first was to see what being a lawyer was all about. I wanted to know those principals that were so basic that the law everywhere, in every country, would acknowledge them. Me: Sounds a little naive, I thought lawyers were trained to be the wizards of principle, making principles sort of disappear into doves and rabbits, and... S: I found out that the Law Hateth New Invention and Innovations Me: That's why they Concorde land... won't let the S: That Law Hateth Delay... Me: Really, it says that?.. .Lawyers are the only ones in the world who could take two years to make a three minute S: Law Favoreth Public Quiet. Me: When was the second time you used Black's? S: To find out what Canfara meant. My crim. law prof said that anyone who didn't take the final could get a Q by Canfara. Me: What's it mean? S: It means I took the final. The Law Favoreth Public Quiet... 11 �What They Expect From You organization means analysis, re-organization and synthesis. They don't mean anything so elaborate. Since the problems are factual and have a beginning and an end, "organization" simply means "in order." Start at the beginning and end at the end. Take each problem in sequence. Don't jump around. Avoid too many afterthoughts (but you can pretty much get around this problem by leaving the left hand pages blank and writing in your afterthoughts as they come to you across from the place on the right hand side where they should properly be located). Develop each issue rather than each party's separate case. For example, A sues B, C and D. Discuss A's claim. Then do B, C and D's defenses and possible counterclaims on the issue Ais presenting. Then go on to B's claim and look at it from each party's point of view. Complete the issue B raises and move on to the next. Think of square dancing. DO NOT classify all of A's claims and defenses on all issues and then do the same for each other party. (I used this method on my first practice exam and got an F.) Break down each series of events into the smallest possible independent events and issues and discuss the legal possibilities less time being overly scrupulous at this point than you would of each one. Build upon your conclusions if it is appropriate. A reading everything once, making just one error and having to simple example: "Having bought a house from B, A discovered -re-write an answer. was rotten now to the roof and refuses pay." If it is a factual problem essay: 1. Discuss the sale. Was it valid at all? Was it conditional? a. Read the whole question through twice, very slowly What were A's and B's rights under the contract? Under tort or and carefully. The second time through start to underline the contract law? most significant points. 2. Discuss discovery of the defect. What did it mean legally? b. Read it a third time, writing in the margins. Make 3. Discuss A's refusal to pay. What does it mean generally? notes all over your essay question. Keep reading it. The points What does it mean in light of the defect? will emerge before your very eyes. Read it until you can't find Don't be afraid to mention the obvious or elementary anything else. If the whole exam is only composed of two very aspects of the case. In fact, you must do so in order to get a long problems, you may have to handle them in sections, the good grade. Most instructors refuse to assume that you know instructions will generally indicatehow to break themdown. anything that you do not put down, even when you go on to c. Always keep in mind: discuss more complicated and sophisticated aspects of the question. This is partly due to the check point system of 1. This problem is not life. It was made up by an instructor to grading. It seems to me that a person could write brilliant test you. It will usually not contain the irrelevancies of a true life answers and not even pass if he did not devote sufficient time situation (even if it seems to contain them, treat them as I menand verbiage to the obvious and elementary aspects of the tioned in the rotten roof problem. Every fact has some signifiproblem. cance. Try to exploit every fact, even if only to say, 'This fact is Make a point of mentioning the relevant irrelevant, that not important because " Don't decide something is not iminformation which is not so remote as to be intellectually portant and disregard It. (Even though outside of exam situations meaningless but is in fact meaningless in practical terms for the this is, of course, a wasteful pattern of thinking. Remember that given situation. Imagine that it is stated in the problem above exam taking is a highly artificial and stylized activity.) that B can prove he knew nothing about the roof when he sold A the house. B did not intentionally conceal the condition. Do 2. In a problem with 50 facts you are being giveh a not ignore the law regarding intentional concealment Say minimum of 50 stimuli. Respond to as many as you possibly something like "It's too bad A won't be able to show can. Relate each fact to as many parties as you can. Given 50 intentional concealment. But if he could have done so, A's facts and 5 parties, you could hypothetically have 150 issues.' rights would be ..." Since it is considered more important to recognize problems There will be from 2 to 6 questions. You are not obligated than to devise sound legal answers, concentrate on defining the to take them in order. I am the only person I know of who problem. But do not entirely neglect to suggest a solution or habitually mixes up the sequence but I don'tthink I've ever been penalized for it. (Actually, who knows?) course of action if one is requested. For example, you are given, an elaborate factual situation and you are asked to play judge, Read over the exam. Take the easiest first. You question 1. decision and write an opinion. You are expected to are probably very nervous and ought to show yourself a little to makealla the analyze facts, apply current legal principles and come up After finish the first you question, you will consideration. sort with some of decision. Very often it doesn't matter hopefully feel more relaxed and be better able to handle the harder questions. If there are some definitions or short essays, whether you decide one way or the other, although your reasons for making either decision will be important. Don't you might try them for a start. worry about the "right" answer in this sort of case. Your 2. You have now read over the exam and picked your first decision could rival Solomon's for wisdom and you could still' question. If it is a series of-definitions or one paragraph essays, fail k detail. If you read each one carefully twice before you answer. You'll waste have pa** 'to opposite 12 �decisions, take the one that will give you the greater opportunity to show how much you know. If you are convinced the correct or wisest decision is the one that allows you very limited opportunity to display your wares, say so and then go on and do the other one. 3. Disregard for the ultimate solution or decision ii not, however, a blanket rule. An instructor whohas spent more time practicing law than teaching it may be more concerned about the soundness or usefulness of the advice you would give a client in a "and now advise your client" question. - 4. Time You'll never have enough time to do a really good job. Students cannot do their best in the time allotted unless they don't know anything to begin with. The more you know, the greater the strain will be but the better you will do. However, the more you know, the more likely you are to feel disappointed and feel that you have not done well. If you are well prepared you should anticipate this feeling and not worry excessively (in fact, not worry at all) between the end of finals and grade distribution one month later. ' E. How To Prepare For Finals 1. Keep up all term. Do all your briefsand finish all papers by the end of classes. 2. Make course outlines and study. Get together with a study group. . ,a 3. Take your exams. * 4. Take the best vacationyou can afford with all the money you've saved by staying home and studying all term. 1. Your instructors have had a lot of practice at this sort of thing. 2. They are not only showing you how clever they are but have themselves been taught by clever instructors and have probably read outside sources on each case or issue. 3. They may be purposely intimidating you for educational reasons: to get across a point, to teach you how to approach a problem, or simply to make you work harder. 4. They may be intimidating you for non-educational reasons such as personal aggrandizement or sadism. They may simply be entertaining themselves at your expense. This is not too common but I'm sure you'll see it occasionally. If you are progressing as you should, after a month or so you will begin to feel more competent about your ability to handle the material and participate in class. After 6 weeks you will have practice mid-terms. You should take them just seriously enough to get some practice. Don't be distressed by a D or an F. I find that much easier to say than I did to do when it happened to me. It took mea couple of weeks to regain my lost confidence and the grade was not even an accurate prediction of how I eventually did on the final. Therefore: 1. Use the practice exam for the purpose the name suggests, for your practice and convenience. It may take you a while to get used to their bizarre method of evaluating you. That is why you are taking the practice exam. People are not born knowing how to take law school exams and life does not prepare you for the event. F. Course Outlines Ideally, you would make an outline of every week's work all term long and then you would have them ready well before finals. However, it will takeyou quite a while to learn enough to know how to make a meaningful, useful, intelligent outline. You'd probably be wasting your time if you began on them before Thanksgiving. Also, making up outlines is a good way of reviewing material and premature review would not help you to study for finals. Furthermore, quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making ah outline will keep you awake, even alert.The same is true for writing briefs. It's much harder to fall asleep with a pen m your hand; G. Pealing With Your Feelings You w,il| probably experience a wide range of feelings about your personal worth, adequacy and development during your first year. I jv'ill try to sketch the range of feelings I felt personally apd give you a second hand version of those expressed by.my friends. You are probably starting with a cautious but slightly anxious optimism. This may survive orientation (which seemed to me an exercise in absurdity and intimidation). "If you all work hard and do your best, you can all be in the upper halfof the class." A certain fatalism is suggested; some people have it and some people don't. 'The front door is broad (admissions) and the back door (graduation or really surviving thefirst year) is narrow." In fact, it is rare that a student actually flunks out. Most "failures" give up and quit school. Your early class experience will probably convince you that you have absolutely no aptitude for the law. You miss the obvious. You didn't even notice the most significant fact. It is all so transparent as your instructor repeatedly points out. 2. Another reason not to take the grades too hard, particularly one poor one: The instructor may just be trying to discourage some aspect of your presentation and may be penalizing you more than he would if it were a real exam. 3. If you do poorly, see the instructor right away and find out why. Dont brood over it. 4. If you are afriad that you will be very upset if you don't do well and that not doing well would seriously interfere with general studying efficiency, you might be better off not taking the exam or not handing it in for grading. If you decide not to "take" the practice exam, make sure you pick up a copy, take it home, study it, write out a careful answer, discuss it with your friends and the instructor. Get the practice without the pain. In retrospect, that is the way I would have done it. The next time you may not be feeling your best is just before and during finals. If you feel you are perilously close to complete collapse, bear in mind: 1. You have every right to feel that way. You are being asked to show how much you've learned in conditions that range from adverse to inhuman. 2. You are not unusually nervous, stupid or weak. No one feels very good. 3. You will probably not feel that you did very well at all. The nature of the exams is such that it is your relative rather than absolute accomplishment that will be judged. (He is first in his class. He did the best "bad job." Everyone else just did . worse.) 4. There may be several correct answers. Don't discuss your answers right after you take the exam. (Particularly avoid overbearing people who are determined to convince you that their answers [different from yours] are absolutely and uniquely right) After you finish finals take a vacation as far away as yon , , can manage to go. 13 �RECESS by Ted Donovan This is an attempt to present a quick tour of some ways to relax at ÜB. Before we begin, however, a few points must be made: First, the opinions expressed here are the author's alone and are not always shared by the rest of the law students. In fact, from what I've observed during my first year at ÜB, very few students in the law school even thought about trying to relax during the term except for an occasional drinking binge. You cant concentrate on your work unless your mind is relaxed enough to absorb what you are reading. However, law students are not known for having a great deal of free time. Therefore, the first criterion for this article is that it will look only at ways to get away from it all right on campus where you won't have to waste time coming and going. Just step outside the law building or .hop on over to Main Street and relax for an hour or two before going back to the grind. The second criterion for events described here is that they are cheap we spend enough money on tuition and books without going broke on our entertainment. I will ignore the obvious, like sporting events and theatrical performances that every college and university offers. If you are interested in these you II learn where to find them. I will also limit my comments on that greatest of all mind-dullers, the television set. I do suggest if you want to watch a lot of TV you bring your own set. The TV sets in the dorms get poor reception and for some strange reason do not receive as many stations as private sets. If you have - to run over to a set in the middle of the afternoon to catch your favorite soap opera instead of studying, I suggest the Richmond Lounge in the Ellicott Complex as it has better reception than any other set at Amherst. One other observation. There are only 750 law students at ÜB, compared to a total university population of around 25,000. Therefore, almost every single activity described here is sponsored, paid for and participated in, with the other students, especially the undergraduates. Don't let this dissuade you from doing something; remember, you were an undergraduate once yourself. But dont be surprised when you are surrounded by non-law) students at the Pub or in a 14 During the week, quality films from the past are shown on both campuses by various undergraduate departments, usually in the form of a series of films shown on the same night each week. For example, one Monday night series last fall concentrated on black and white comedies, including silent classics by Chaplin and Keaton, Tracy-Hepburn movies, and other comedy classics such as The Lavender Hill Mob. Series last year also dealt with women, including special nights for Bette Davis, Katherine Hepburn, and Jane Fonda, as well as' served with celery and bleu cheese to cool series of films from India, Germany and offthe digestive system.They are good and Italy. The second best part about these, servedall over the city. course-oriented films is that they are free] The best part is that most are preceded which at opens every night The Pub, nine, also serves chicken wings as well as by a cartoon, usually very old, such as the pizza and tacos. In addition to food the 1950's Superman cartoons. In case some students prefer live Pub offers beer, mixed drinks, and live to movies, in addition to entertainment bands on Friday and Saturday nights. There is also a game room withpool, foos- the bands at the Pub, the university has a' ball, ping pong and pinball. Admission Is ticket office in Squire Union which sells free during the week with a one dollar co- student priced tickets for every major ver charge when there is a band. These entertainer who comes to Buffalo, bands are local, and generally, better than including rock stars and comedians. UB average. The Pub features specials sponsors several events of its own, like most week nights, such as an open last fall's performance by Robert Klein. microphone one night or a half-price Besides entertainment, UB offers a, night on tequilla drinks. Prices for mixed number of speakers during the year;; drinks average about $1.20 with beer at ranging from an American couple who have lived in the People's Republic of 50 cents a glass. For people who prefer movies to China for the last fifteen years, to Bruce drinking, UB offers an incredibly wide Beyer, a major Buffalo figure from the range of films each week. The University anti-Vietnam War movement The lawUnion Activities Board (UUAB) shows school also has guest speakers. In thepast movies each weekend at the Squire Hall few years Leon Jaworski, Ramsey Clark Union on the Main Street campus for a and Michigan Law Professor Yale Kamisar movie. In fact, one of the main attractions of some of the things to do at UB is that you and your friends can go and not have to talk shop. There is no student union on the new Amherst Campus but students get together at night at either the Student Club, or the Pub. The Student Club is a snack bar featuring wine, beer and the usual junkfoods —hamburgers, hot dogs, etc., as well as Buffalo's specialty, chicken wings. For those unfamiliar with thislast delicacy, the chicken wings are deep fried like French Fries and then covered with hot sauceand one dollar admission fee. UUAB generally have spoken. If you prefer less organized activities, presents off-beat popular movies, such as Story of O, A Boy and His Dog and the Squire Hall Union offers pool tables, Bound for Glory, as well as weekly ping pong and a bowling alley. Those midnight movies which last year included students who like to sink into a good (or Andy Warhol's Bad and The Texas Chain trashy) novel will find the browsing Saw Massacre. The Friends of CAC and libraries very helpful. There is one in trie Inter-Residence Council (IRC) show Squire and one in the Ellicott Complex. movies each Friday and Saturday night They keep up to date on all the popular The CAC movies cost one dollar. The IRC magazines, as well as every type of movies are free to members and cost one paperback from the classics to dollar for everyone else. IRC and CAC Doonesbury. The people who work in movies are shown in Farber Hall on the these libraries are very willing to help, Main Street Campus and Room 170 and have gone so far as to order those Fillmore in the Ellicott Complex at books students want that they don't have Amherst These movies are almost always yet. Perhaps the best of the university' good and often surprisingly recent services for students is the music room. In Movies in 1977-78 included The Deep, Squire, next to the browsing library is a The Spy Who Loved Me, Valentine (not lounge with six private listening rooms and a fine collection of albums. It's all are good), andAnnie Hall. �amazing how much more legal jargon can be understood while listening to Billie Holiday than while sitting in the library listening to the rhythm of the Xerox machines. If you like to walk, the Main Street campus has all the rustic quality of a 1950's MGM college musical, from the beautiful large trees to the fountain outside of Squire. The Amherst Campus is still somewhat bare but the island in Lake LaSalle is peaceful and the new dogwood and willow trees are nice. If you get hungry, it's a nice stroll from Ellicott through the Audubon housing development to Burger King. The law school also has entertainment. In March the First Annual Law Revue was held. This Revue was a "talent" show put on by the students, faculty, and administrators of the law school. I mention this production for two reasons. First, to tell you about the various acts so you will know law students and faculty are not all work and no play, and secondly, because I helped put the show together and I want to recruit for the upcoming show. The Dean gave an introductory speech ("We have a progressive law school all the seats have magic fingers."). We had faculty game shows, such as The Buffalo Squares, a few jugglers and some knock-out singing talent. This talent was not limited to students for the highlight of the evening - was when Professor Thome McCarty;*.-; brought down the house with his spectacular performance of Heartbreak Hotel (eat your heart out, Professor Kingsfield). We had a great band made up *-* of piano, drums, guitar and trombone. For something completely different, the show's writers came up with a slide show on the basics of how to use the law library ("This... is a book!"). The emphasis of the night was on fun. Between the free admission, the good acts and the beer, we proved law students can **, allow themselves at least one night a year away from the books. "| You should be able to find something right here atAJB to relax you, too. .- ' ' Administration Profiles He teaches courses in administrative law, consumer protection, and trade regulation. He received his B.A. from Duke University in 1966 and his J.D. from the University of Michigan in 1969. Boyer is 34 and was married recently. University of Michigan 'm 1951. His teaching interests include collective, bargaining in government, constitutional law, and education law. Newhouse is 56, married, and has, , three children. Alan Carrel,. Associate Dean for Placement and Alumni (316 O'Brian),,is responsible for developing placement contacts and opportunities, establishing relations with die legal community and alumni, carrying out fund raising activities, and administering continuing education programs. Carrel is a member of the Board of, Directors of the law school Alumni Association, and has been a partner in a. local law firm for the last ten years. He. was named to.his present position this , , year. i He received a B.A. in Biology from Hamilton College in 1964 and an LL.B. from the U.B. Law School in 1967. Carrel is 35, married, and has three children. .. , , ~ Barry B. Boyer, Associate Dean (318 O'Brian), is co-director ofthe Baldy Center for Law and Social Policy, which oversees dual and jointdegree programs.He also coordinates curriculum development, and guides work of the Academic Policy and Program Committee. Boyer has been with the law school faculty since 1973. He was a Visiting Associate Professor at the University of Virginia Law $c,hqql, 1975-76. He was Chairman of the Committee on Long-Range Planning for the law school, 1974-75. " " ADMINISTRATIVE STAFF Wade J. Newhouse, Associate Dean and Law Librarian (205 O'Brian), is head librarian and the representative of the Faculty and the Dean on library matters. Newhouse has been with the law school faculty since 1958. Prior to that, he was a Ford Foundation Teaching Fellow at the Columbia University Law School in New York City. He received a .B.A. in Political Science from Southwestern University, Memphis, Tennessee, in 1948, and a J.D. from the Audrey Koscielniak (308 O'Brian) is assistant director for placement. She also' maintains law, school accounts and oversees purchasing, supplies, equipment, and other administrative services for the school. Phyllis Blendowski (511 O'Brian) is supervisor of the,secretarial staff and the law school printing and copying activities. Helen Crosby (306-B O'Brian) handles admissions processing and courses 15 �Activities The above organizations have used this paper as a means to introduce themselves to you. Other groups such as the Black American Law Students Association and the Association of Women Law Students are contacting incoming freshman on their own. The other student organizations, which you may have read about in prior information from the law school, will be introducing themselves during the orientation session. These groups include the Student Bar Association, whichis our elected student government (freshman representatives are elected in the fall); Moot Court, whose members are particularly interested in oral arguments and appellate advocacy. Members of Moot Court annually compete in national and international competitions; Buffalo Legislation Project which offers research analysis and bill drafting services to state and local legislators; The Distinguished Visitors Forum which sponsors eminent practicing lawyers and academicians as speakers; the Opinion, which is the regularly published student newspaper; and such organizations as the New York Public Interest Research Group, Phi Alpha Delta and the Environmental Law Society. Getting Around Buffalo and the Law School listings are given out over the phone; they must be seen in person. However, they will mail out, on request, general information about housing and leases. Newspapers are another good source of housing leads. The Spectrum is the University student newspaper and has a classified section in the back. Buffalo community area papers also carry housing ads. These papers can usually be found in local drugstores. The major citywide papers are the Buffalo Evening News and the Courier-Express , both of which have a lot of housing ads, usually divided by regions. While you are looking, where can you stay? The University runs a "hotel" during the summer. For a few dollars a night, you can rent a dorm room while you look for a place. However, the "hotel" closes August 18th. For information and reservations, write to: Rick Schoellkopf Housing Office Richmond Quadrangle, Building 4 Amherst Campus SUNY at Buffalo Amherst, New York 14260 Reservations may also be made by calling 636-2011. Space is limited, so be sure to make arrangements well in advance. If you want to live in a dorm, write to the same address as above soon. Spaces are filling up fast. Remember to check leases carefully. Legal aid located in Squire Hall will look over leases for you. The off-campus housing office, also in Squire Hall, will provide. you with information on what to watch for in leases. Find out if heat is included in your rent. In Buffalo, that is the major bill. Don't get discouraged. The best housing is often snapped up at the end of the spring term because of 12-month leases. The earlier you get to Buffalo to look for housing, the better off you will be. It is hard to find housing for one person, so consider moving in with other students. You might even want to find out from the Registrar or assistant dean who some other first year students are and try to room with them. Good luck. Financial Aid During the regular academic year, Kathie Drumm is the law financial aid counselor. Her office is located in 303 O'Brian, next to the Office of Admissions and Records. Ms. page 16 Drumm will be doing a presentation on financial aid ana tne many student problems connected with it sometime during the first two weeks of classes. Watch for notices as to time and place. Placement The Law School deems placement of its graduates to be a continuing concern. Though the school is not an employment agency, it stands ready to assist its graduates in locating suitable opportunities for their own professional development. The Placement Office is located on the third floor of O'Brian, and maintains bulletin boards with notices of full-time, part-time, and summer positions available. Committees Student positions are available on many Law School committees. Appointments to committees are made through the Student Bar Association, and information about available positions will be publicized early in the school year. The committees include Budget and Program Review, Appointments, Academic Policy and Program, Admissions, Faculty-Student Relations Board, Judicial Clerkship, Library, Minority Student Program, Mitchell Lecture, Self-Evaluation, and State and Local Government Law. Some committees are composed simply of students who wish to volunteer their time, with no appointment requirement, such as Orientation, Commencement, and StudentLife. Lockers Lockers are available for first year students in the basement of O'Brian Hall. You may register for a locker anytime after August 14thand you must supply your own lock. There are two sizes of lockers in the basement. The full-length lockers are reserved for second year students. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-07-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 7/6/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1eafe30e011702c81a7870eaa12b65e0.pdf 677eadf33a7271baee5e1a408e849eca PDF Text Text Clark Says We Can Do Better Than Son of S-1 by Tim Cashmore improvements, he said, do not go far enough. He cited sentencing as an A criminal code reflects the values of the people, according to example. The new bill, he said, essentially eliminates former.Attorney General Ramsey Clark, and "we can do a lot better indeterminate sentencing. But if it passes, "we will have to have a than Son of S-I.'" Clark expounded on the major prison building program proposed revision of the federal quick. You bring the maximum criminal code Friday before an numbers [of years] down, but audience of about 100 people, now they mean what they say." Clark admitted he was "not up including his client Bruce Beyer, the Buffalo war resistor now on the specifics" of the House facing draft evasion charges in bill, and he therefore devoted much of his discussion to criticism Buffalo federal court. Clark said the current revision of the original revision bill, S-1. S-1, Clark said, reflected such bills Senate bill 1437 and House of Representatives bill 6869 are values as "respect for violence," improvements over Senate bill 1 "the use of segregation" as a law (S-l) of the last session. But the enforcement tool, and "the belief — Clark Speaking on Son of S-1 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 — that nearly any means the I murder for the My Lai massacre) government might use to achieve ■ and Nixon aides John Ehrlichman and H.R. Haldeman to be its ends are acceptable." He claimed S-1 "would outlaw |acquitted merely by testifying every form of resistance" used jIthey were ordered by superiors to against the war in Viet Nam by j do what they did. "It is "addressing political conduct with I jtotalitarian mentality," he said. criminal sanctions. It would create "It"justifies absolute obedience to for the first time in America's authority." history an official secrets act." Clark described S-1 as a Clark also criticized what he iresponse by the Nixon called the bill's "good Nazi" law. ; administration to a criminal code "It would be a defense to an i developed when Clark was indictment," he said, "if the ; attorney general. defendant could show he acted Clark, who will address the with reasonable cause to believe class of 1978 at the law school an order was legal." commencement exercises May 27, Such a defense, Clark claimed,. was sponsored by the would allow people like Lt. Distinguished Visitors Forum and William Calley (convicted of the Prison Task Force. ' ! i I ! ,, Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 April 26,1978 State University of New York at Buffalo School of Law Volume 18, Number 10 Cosentino Resigns Post Citing Personal Reasons by Randi Chavis Andrew Cosentino, recently elected Student Bar Association (SBA) president, resigned effective the last day of classes at the April 19 SBA meeting. He cited personal reasons for his resignation. SBA Vice President Kathy Kaman will become' Acting President when Cosentino's resignation becomes effective. Cosentifto and his wife Eileen, who recently lost her teaching job in Niagara Falls, will be moving to New York City where another teaching job should be easier to find, Cosentino said. Because of Cosentino's resignation, second-year student Paul Suozzi withdrew a petition callings for a referendum to determine whether a recall election should be held. The petition was signed by 197 students and cited alleged election improprieties. effective May 1 rather than immediately so he tan participate in SBA budget hearings which are being held the last week of classes. A special election is mandated by the SBA Constitution within 18 class days after an executive position becomes vacant. Since Cosentino's resignation becomes that the effective the last day of classes, Andrew Cosentino announcing his resignation Misuse of Phones "I'm disappointed students were not given a chance the SBA has more than three to vote on the recall," Suozzi said. weeks at the beginning of next "By resigning, I think he's semester to hold the special escaping without having any elections. If Cosentino had by Randi Chavis blame attached to him. He can get resigned effective the day of his out of here and still look good." announcement, it would have Five law student organizations necessitated the special election spent more than $1,300 on Cosentino told the SBA Board within the first two weeks of the personal or unclaimed phone calls of Directors he preferred to resign semester. from April, 1977 to March, 1978, a Student Bar Association (SBA) subcommittee formed to investigate phone abuse told the SBA Board of Directors. The totals ranged from $4.85 in personal calls for the International Law Society to $876.62 in personal and unclaimed calls for the SBA. Three other organizations were included in the subcommittee's preliminary report. National Lawyers Guild had $63,75 in unclaimed phone calls. The Association of Women Law Students and BALSA, who share a phone, spent $196.52 on personal calls and $223.73 on unclaimed calls. The total spent by ali five organizations on legitimate, organization related phone calls Review Editors New during the same year was $20.25. Phone bills for the 12 months Top:(l-r) Mark Larson, Harry Klodowski Roz Lipton, David Shapiro,Greg Yawmon, Jean Powers were made available to question in Arlene Susan Vanderlinde. Harkawik, Fisk, Deborah Peters, Bottom:(l-r) Dennis the subcommittee, chaired by Missing:(r-I) Larry Goldberg, Ann Herman, Mark Flescher, Larry Ross.Marilyn Tebor second year director Jim Maloy, Law Leaves $1,300 Bill by ÜB's Chief Accountant's office. The subcommittee sent each organization a copy of its phone bills on April 10 with instructions to identify each call as either legitimate or illegitimate. At the April 7 SBA meeting, the Board of Directors voted to provide anonymity to anyone claiming their personal calls by April 17. In addition, the board approved a motion by second year director John Batt that "anyone who has deceived or lied to the board will not be guaranteed anonymity." The subcommittee, at the April 19 SBA meeting, appealed to the Board of Directors to clarify what was meant by "deceived" or "lied." Batt said he meant to include anyone who lied to the board at any time about illegitimate use of the phones. > "My intent was if it had been found anybody had lied or deceived the board at any time concerning phone calls, that anonymity wouldn't be guaranteed to any of those continued on page eight precisely — �Vol. 18, No. 10 > April 26, 1978 Editor-in-Chief Jason Poliner Managing Editor Randi Chavis News Editor: Tim Cashmore Feature Editor: Paul Suozzi Business Manager: J.R. Drexelius Chief Photographer: Michael Shapiro Staff: Bill Brooks, Mike Buskus, Carol Gardner, Kirn Hunter, John Simson, Dwight Wells. Sheryl Reich, Michael Schwartz, Copyright 1978, OPINION, SBA. Any republication of materials herein is strictly prohibited without the express written consent of the Editor-in-Chief. OPINION is published every two weeks, except for the academic year. It is the student newspaper of the State University of New York at Buffalo School of. Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition: University Press at Buffalo. vacations, during Editorial SBA Misguidance The SBA took the right step in forming the subcommittee to investigate phone abuse. The preliminary finding of the committee evidences much hard work and dedication. Its members should be commended. We must, however, take issue with the particular way in which the findings of this committee were used. It seems fair to say the subcommittee has evidence that President Andrew Cosentino has grossly misused the phone privilege. The subcommittee asked the SBA to help interpret their findings. The SBA told the committee they did not care if Cosentino lied to the SBA or was involved in any improprieties. Their concern, they said, was limited to repayment of illegitimate phone calls. It is a sad state of affairs if one's multiple improprieties can be erased by the payment of money. The SBA, in essence, told the subcommittee that Cosentino should receive anonymity despite evidence of past impropriety. We find the SBA "guidance" to be grossly unprofessional. At the very least the students of this law school have the right to know who misappropriated their funds and the extent of this misappropriation. Nothing more than the truth is demanded. The integrity of the SBA is at stake. { Vote for Credibility President Andrew Cosentino's resignation leaves this school without a president for the second consecutive summer. Last summer, when Sub Board sought to raise SBA disbursing fees, the need for a president was particularly felt. The remaining officers should take all necessary steps to prepare for the summer ahead. The office of president of the SBA is now vacant, effective at the semester's end. In considering a replacement, the student body must vote responsibly and keep the importance of this position in mind. It must be filled by one who is highly credible and beyond reproach. The SBA should strive at all times to maintain the highest ethical standards. This has been a problem in the past. We hope it will not be in the future. Many Thanks Before the new editorial board begins its tenure, we would like to pause and recognize the contributions of the past. Thanks to all those who submitted articles, commentaries and letters. Many thanks to Sheryl Reich and Michael " Schwartz Tor their religious contributions to Opinion, and their faith in Western New York and the Red Sox respectively. Very special thanks to Kirn Hunter and John Simson whose limitless energy and dedication kept Opinion afloat when it was about to go under. We are indebted to them for delivering it to us intact. We hope Opinion will continue to function as a forum for the expression of law school concerns and interests. We welcome the ideas and comments of our readers. Good luck on exams and have a pleasant summer vacation. 2 OPINION April 26,1978 Letters to the Editors: Concerns on Proposed Grade Revisions To the Editors: numerical grading system as well. because the possibility of a Q+ is Much of this may stem from far present? In Bill's system, on the other hand, what is the emotional effect of a mere Pass upon the receiver? The questions which must be answered are, again, what should the grading system be communicating and, if more categories are required for effort, how many? In theory, at least, a more detailed grading system may increase competitiveness or, more nicely, effort. In the old days, however, we had a detailed numerical grading system under which, for example, 70-75 represented the C range. Well over 75% of the grades fell into this range and the bottom of the cum laude scale regularly had a 76 average. The system theoretically encouraged competitiveness, "worth-seeking," and could be deemed "upbeat," but the results led one to pause. We complained about the lack of observable student effort then, too, even though we also had a discrete ranking system. That system even more than Bill's suggested system carried out the worst aspects of educational grading policies with little observable academic value. 4) Finally, it should be noted that Bill's system does a number of other things. His superceded proposal for a trifurcated Q (Q+, Q, Q-) more neatly flows from the objections he raises in his February 23 memo. The new proposed revision either creates an arguably over broad Pass category or turns what might be considered middle-Q's or C's into B work. Thus, the D grade always a mistake I thought becomes a Pass. If this includes what some would consider D, Q- and Q. it leads to some of the "over broadness" objection he raises since it would encompass unsatisfactory as well as satisfactory work. If not, that is, if it encompasses only D (and maybe Q-), then the next highest grade suggested is a B- which I believe, means something different to the world. Finally, I consider B and above to be within the honors category. To me, then, Bill's proposal trifurcates the H. This responds to none of the objections he has raised. more serious causes, e.g., some students come to Buffalo because they were rejected by higher choices or because of financial limitations. Personal interaction with students would seem to be a better approach than detailed grading systems, which, after all, would not allay the doubts of current system... those who donor do well. Nevertheless, Bill Greiner's 2) A grading system should recent memo has caused me to provide "direct feedback, positive react (against my better reinforcement and judgment) primarily because it is sanctions/warnings." based upon assumptions that I I agree. The question, however, believe are (1) interesting but should focus upon exactly what speculative; (2) totally unproven, kind of messages the system or (3) dubious or unworthy of should be sending. Bill is arguing response via the grading system. that the system should Bill's memo stresses the harm communicate more specific perpetrated upon students by the information about relative grading system, but provides no position in the class, i.e., "where mechanism for student input in the Q range did I place?" other than, presumably, the If one focuses upon any involvement of the student course, Bill's arguments make members of the APPC. The point considerable sense especially with made here, however, is that if assumption No. 1. Students, students do indeed feel harmed by however, take a large number of the current system, we should courses, and overall performance have little reason to stall a indicates something about one's revision. However, if most (many, ability to take examinations. Bill's half, two-thirds?) actually approve own rough empirical findings, the current system, we should some time back, demonstrate that hesitate to act "in their own a large percentage of students good." receive at least one D grade, and The following.assumptions in ma,ny receive at least one Honors. Bill's memo deserve discussion by (When the old system was revised, the Committee: we also found that few, if any, 1 ) Students define themselves students received only grades in and their worth in terms .of the C+/B- range.) Moreover, in. grades. Without a bifurcated or upper class courses now, honors trifurcated 0, students receiving a grades may range from 20-40% of Q in one or more courses will have a class. ambiguous feelings about 3) The broadness of the Q themselves or believe that their range discourages effort by exams were nondescript. students, especially in the final Much could be said about this two years. assumption, especially the notion Maybe so. To attribute, that grades convey information however, the traditional falling off about knowledge. To the extent it of enthusiasm in law schools to is valid, it is poignantly sad and our grading system seems strange. depressing. The proposed system, It was clearly observable under though, has no relationship to a our old, very discrete system. It is student's knowledge or even a real possible that our grading system perception of one's knowledge. furthers this commonly Note that the real complaint is recognized phenomenon, although not simple ambiguity about one's I have no idea how one's worth, for the suggested system is conclusions can be based upon not designed to communtcate anything more than a guess. one's knowledge or failures but, I have always been angered by rather, the aim is to communicate classmate or student statements relative or competitive' position. that "I'll only work for a C, I find it hard to believe that a 70-75, Q, etc." What does that more detailed grading system will mean? Is it rationalization, an substantially allay students' accommodation to the student's doubts about themselves, doubts sense of his or her own which existed under our old limitations? Will one work harder I had promised myself that I would remain somewhat aloof from either grading system tinkering or wholesale revisionism. That desire is based on both the anguish, both personal and corporate, involved in such endeavors, and my own involvement in the birth of the . — — - — - * J. A tleson Associate Professor Another Grade Proposal: A, B, C, D,F To the Editor: - D passing, but not entirely satisfactory not worthy of academic F credit This grading system would have advantages over the Greiner suggestions because the system does not use pluses and minuses as an integral part of the system. Rather, pluses and minuses could be used by faculty to further modify the basic grades in the As a first year student I more than agree with the sentiments expressed against the "Q" grade in Professor Greiner's "Reflections on the Q." With all respect to Professor Greiner, I find his suggestions for an alternative grading system to be a little confusing. In the interests of offering the most easily understandable grading system I system. offer the following: If any change is made in the grading system it is very substantially above important that.it should be A average applied to all students at the school. If a new grading system j B very good C satisfactory were to be applied only to the; - — - < grades 6f the class of 1981 and beyond this would create a situation next spring in which faculty would have to apply a dual grading system to members - of their classes one for the first year students and one for the second and the third year students. Such a dual grading system would discriminate against upperclass students. It would also lead to much tension between the freshmen arid the upper class as well as encourage frustration and lack of motivation in the upper class. Please pass on this letter to the appropriate authorities. JuliaPorper �Simson to Leave You may have thought things were going bad here at UB Law when we lost such members of our faculty as Del Cotto, Gifford, Gordon, Hollinger, Horrburger, Kane, Lybecker, H. Schwartz, R. Schwartz, et al, but this year the law school is losing John Simson. The argument can be made and possibly even supported that Simson has not made as great a contribution to the academic environment here as the above mentioned individuals However, I think few will argue Simson has provlded much in the way of atmosphere. You know who he is theguy who's always looking for something eise to get involved in; the guy who's always walking around like he was just beamed down to earth and isn't quite sure where he is. The reason for his apparent stupor is that he is always involved in the extracurricular: singing at the freshman orientation, the close-but-too-far-in-the-winter cafeteria, Mindy's Wine Cellar, The Library (not John Lord 0'Brian), UB Coffeehouse, Greenfield Street Coffeehouse, The Law Revue, writing humor columnsand not-so-humorous columns. Simson's music, humor and good looks will be missed. - Boyer Responds To the Editors: The April 14 issue contained a Guest Opinion column by Dwight Wells which directed several questions at the law school administration. Since most of the questions deal with curriculum matters that fall into my jurisdiction, I'll try to provide some answers. I. Why is [sic] the criminal justice program all but disappeared from thecampus? The shqrt answer is that the criminal justice program is going because the-faculty who taught in it and the grant funds which supported it are also going. The Criminal Justice program was funded in part by a grant from the National Institutes of Mental Health, which expires after the current academic year, and was designed and largely taught by former Dean Richard Schwartz, who resigned from this faculty last year. The faculty attrition of the past two years has been especially severe in the Criminal Law / Criminal Procedure area, and we have not had any faculty members who were able to take over the program, or interested in doing so. (Trying to coerce uninterested faculty members to take over a program like this is a losing proposition in the short run because faculty members who are interested and expert in a - particular subject area are likely to do a better job in the classroom, and in the long run because it will be easier to attract and keep top quality faculty if they are able to concentrate on their areas of primary interest.) It's possible that something like The Criminal Justice Program could be revived if we rebuild our faculty strength in the criminal area. While I'm on the subject, I should say something about faculty turnover and recruitment generally. It seems to me about a year out-of inaccurate date to say, as Mr. Wells does, that the law school is "at a crisis point" and the "exodus of faculty continues unabated." I think that we have made it through the worst of the attrition, and that there is a lot more reason to be optimistic this year than there was a year ago. By my unofficial count, nine full-time teaching faculty resigned during the 1976-77 academic year, and — - Don't Ask Us 7b theEditors: What are "lies and deceit"? Don't ask us we just work here. Two weeks ago, the Student Bar Association (SBA) Board of Directors formed a subconrmittee to investigate school-wide phone abuse. In setting guidelines for the committee, Treasurer Madeline Bernstein pointed out that we would get more people to repay the SBA for illegitimate phone calls if we gave "anonymity" to students who came forward and offered to pay for calls during — to Curriculum Attack another five requested and received permission to take a leave of absence this year. By contrast, we had 3 resignations this year (all of them teachers who were on leave during the current academic year), and will have three faculty members ("full time equivalents") on leave or sabbatical next year. Beyond this, we have had two very good recruiting seasons during the past two years, and have added some real strength to the faculty. There are still some gaps, notably in the criminal and corporate law areas, although we are adJing a new faculty member who specializes in Corporations next fall and will have a visitor to teach Criminal Procedure. The law school administration and the Appointments Committee have been giving these areas top priority in their search efforts this year, but things simply haven't worked out as well as we had - We Just Work Here next few years will spend a major slice of their professional lives in courtrooms. If so, we may not do our students a service by encouraging them to load up their schedules with litigation offerings. Moreover, in a time of limited resources, there are real opportunity cost problems. Skills courses tend to be taught in very small sections, with low student faculty ratios; in practical terms this means larger classes, or fewer offerings, in other parts of the curriculum. what is now known as "Amnesty Week." Such a motion passed with a qualification: that anyone who had lied or deceived the SBA in the past or who does so in the future- would not be given anonymity. John Batt brought this qualification about because he was concerned President Andy Cosentino might be able, under the anonymity provision, to pay all outstanding illegitimate SBA calls and thus buy his way into anonymity. At that timeBatt was assured, mostly by Cosentino himself, that the anonymity clause would not operate that way. Cosentino has, to this date, paid for hundreds of dollars of illegitimate telephone calls. I believe he has paid for over half of the $979 worth of abuses attributed to the whole school. He has repeatedly alleged two things: that his wife made all the phone calls he has paid for, except for just a few particular ones; and that he had no knowledge that his wife was making them. During "Amnesty Week" Andy, a Yale graduate, paid for the Yale dorm room calls. Andy has admitted a friend of his lived presumably, a Another question is whatkinds in that room (But, friend of Andy's is a friend of advanced trial-skills courses of Andy's wife?) should be offered. It may be that •■ • should be advanced offerings specialized by subject-matters since there appears to be a fair amount of de facto specialization in the practicing bar. That is, somewhat different skills and techniques would need to be hoped. emphasized, depending upon whether someone was 2. What will this law school do contemplating a specialization in to begin training its graduates for antitrust litigation, or criminal courtroom work? defense work, or zoning and land This law school has already use proceedings, or welfare "fair begun doing a fair amount hearings." The problems are by no probably as much or more than means insuperable, but if most of the major national law advanced courses were to follow schools to provide an the route of specialization it could introduction to litigating skills. be a fairly tricky matter to match The courses in Negotiations, Trial student interest and faculty Technique, and Clinic, and expertise. perhaps Judicial Clerkship and Counselling as well, provide a 3. How can U.B. Law School reasonably broad opportunity to develop fundamental advocacy survive and improve within a skills, and of course there are also framework offiscal restraint? numerous moot court programs A very good question, and one and the Appellate Advocacy nobody can fully answer. So that course. I agree that there is room far, the University administration for more litigation-skills courses in has been reasonably responsive to the curriculum, but I don't think law school funding requests. that the questions of how many However, there are limits to how more, and what they ought to responsive they can be in a look like, are easy to answer. My of general fiscal austerity. response to Mr. Wells' question, climate Most innovative law teaching "Why can't the law schools adjust and certainly those programs their curriculum to recognize the which involve training in litigation importance of.trial work?" is, I'm more costly in faculty skeptical as to the importance of skills are resources than the traditional trial practice to most lawyers, large class, lecture/discussion most of the time. A large and for the short run, at probably growing proportion of course. But, least, we do nave enough the work of the bar consists of flexibility in our budget to move office work, such as technical a more experimental, drafting, research, writing memos toward innovative curriculum. V L quite and letters, negotiating, and that it's time for both agree informal oral and written making faculty and students to stqp presentations in an effort to get talking "Buffalo model" and start actions from various favorable doing it. bureaucracies. Reliable statistics' by, my to come guess are hard but Barry B. Boyer is that very few of those who graduate from law schools in the Associate Dean — — - - At the April 19 SBA meeting the Phone Investigatory Committee gave a preliminary report and expressed concern that Cosentino may have lied to the SBA in his two allegations. They asked the SBA for direction, wanting to know if they should proceed in trying to find out whether Andy did, in fact, make some of the calls he attributed to his wife or knew that his wife was making calls. The issue boiled down to: what did we mean two meetings ago by "lies and deceit"? In a roll call vote, the Board ruled 4-3 with 4 abstaining, that if a party paid for telephone calls, no "lies or deceit" attach to these calls. In other words, the Phone Investigatory Committee should not look into whether Andy was lying to us for the past two months, because it is irrelevant; "lies" are not "lies". From where do 4 Board members (Cathy Kaman, Jeff Licker, Joe Rotella and GladysLa Forge) derive the power to overrule a perfectly unambiguous previous ruling? How can four others (Mark Pierce, Mary Anne Cupo, Jim Maloy and Madeline Bernstein) abstain from voting on such an important issue? Why are John Batt, Lew Steele and I disheartened and disgusted? Don't ask us we just work here. - — Mike Shapiro Referendum Now Moot Recall Petition Withdrawn To the Editors: In my letter to the editor in the last issue of Opinion, I stated there would be a referendum in which the students would decide whether or not to recall Andy Cosentino. At that time I did not foresee Andy would resign. In view of this fact, I feel the referendum is moot, and 1 will not ask that it be held. I would like to thank the 197 individuals who -showed an interest in their government by signing the petition. It is disappointing the SBA's action in delaying the referendum has prevented the students from further expressing that interest. In the future it would behoove the SBA not to ignore the voice of concerned students. Paul Suozzi An Unique Haiti &df001 AN UNIQUE LAW SCHOOL - The Law School of the University is unique in one respect: the lecturers, with one exception, are active practitioners, and with four exceptions serve without compensation. The board comprises many of the ablest and busiest men in the city, and they make it a point to prefer their lecture engagement to professional business except when they are actually engaged in trials. The result is thus described in a recent circular issued by the board ofcontrol: "In the course of the arguments at Albany it was discovered through the report of Mr. Franklin M. Danaher, Secretary of the — State Board of Law Examiners, that of the seven law schools in the State, the Buffalo Law School stands at the head in point of standard; that in percentages of successful examinations taken for admission to the Bar, our school is first, and alarger proportion of our graduates are successful than of any other school. This fact itself was powerful argument against any proposed change in our system of instruction, and it indisputably established the truth that instruction in law is best secured from lawyers in the active practice of their profession." - from the March, 1897 issue of The Green Bag, a lawyers' magazine published in Boston, (submitted by April 26,1978 Joel Hockett) OPINION 3 �BitchTickets Overdue Cassettes The following, people have borrowed cassette tapes from the Audiovisual Department which are now overdue David Abbott David Alexander Ann Herman Jeff Katz Ken Landau Roz Lipton David Molik Ray Power Hector Santiago Stewart Schlem Philip Szabla Dick Troll Stephanie Baynon Tom Bender Cheryl Block William Brooks George Colettis Kathy Drumm Carole Egan Rick Enderberg Lloyd Fair Christ Gaetanos Harcey Soss Ron Hager Janice Trybuckiewicz Mike Wargula Lenny Zuckerman COMPLAINT No 44 The student conference room two doors down from the Xerox room is always overheated. Please adjust, repair or modify as Women's Law Conference Underestimates Abilities The Ninth Annual Conference on Women and the Law was held in Atlanta, Georgia from April 6 through 9. There were approximately 3000 people there, most of whom were women. Law students, attorneys, teachers of law, and government administrators were the participants, as were a contingent of people wearing "I am not a lawyer" buttons. Approximately 10 people from the Buffalo area attended. Any attempt to focus on "women and the law" requires an analysis of what that means: Is it a look at the areas where women are the subjects wife abuse, wages for housework, forced sterilization, employment discrimination, for instance or is it women interacting with every facet of the law women as teachers of law, women in court, women preparing employment discrimination cases? While there is no need to make a choice between the two, there is a need to realize that there is a difference. In times past, these kinds of conferences would focus on women as victims of the judicial system, indeed, victims of the society at large. Here, people were not satisfied with discussions of women as victims atone they know the problems. They wanted to discuss action, both the action they are taking individually as attorneys in traditional firms, as US attorneys, as DA's, as tax analysts, as legislative aides, as administrators, and in groups feminist collective firms, at Equal — — - — Employment Opportunity — necessary. subjected to an hour and a half summary of the problem ho - hum. In a third, where we had met to discuss the availability and the advisability of censorship of anti-women literature, it took an outraged audience to bring up the First Amendment. On the other hand, the insistent responses of the audiences was exhilarating. In workshop after workshop, women demanded discussion of the issue, and it spilled out into the halls and elevators. It was obvious to me that a conference on women and the law can no longer be confined to focusing on reviewing areas where women are victims. We're in the system now; we're committed to it and we're working with it. We have questions about the admissibility of certain kinds of testimony in certain kinds of cases in certain courts and we want to talk about those questions at conferences. For this reason, there were workshops which focused on narrow topics such as Proving a Sex Discrimination Case at Trial or Reform of Social Security. There were, unfortunately, just not enough of these. There's also a great deal of theorizing to do, thinking out loud about legislative reform with a group of experienced people who have a similar focus and purpose. There was some of this. A panel 0 f nine Big Guns in the field of marital property reform discussed the problems and considerations in such work. A similar workshop focused on a proposed revision of social security. They were an opportunity to hear the best people in the field talk about what they think the problems are. Did I learn much? Yes, I guess I did: There are a hell of a lot of very smart women out there who are all very interested in doing a good job while coping with being professionals, with working with men and working for women. I also learned that Atlanta is a very Commission and state fair employment agencies, as teachers and as students. This is my major criticism of the Conference the misperception and specifically the underestimation of the abilities of the participants. In a workshop on "New Economic Models for Estimating Value of Women's Work," one critic of a particular theory was told she was too smart. In another seminar on wife abuse, an audience consisting of tacky town. people who have spent years involved in the problems were — Sheryl Reich GRADUATION USHERS NEEDED Any law student interested in ushering at Commencement should leave his/her name in the Placement Office. There wilt be a rehearsal on May 25. Commencement is May 27 at Artpark. 4 OPINION April 26, 1978 COMPLAINT No. 43: Last year the month of May was rather hot Not surprisingly the library was also hot because the air conditioning was not turned on, at least until finals week, or close thereto. Therefore I'm asking now if arrangements can be made to have the air conditioning turned on in the early part of May. It is true that Buffalo weather is rather erratic, however, I think most people would prefer to wear a sweater or something which serves a similar function on those days when it is cold outside (and therefore cold in the library once the air conditioning is turned on), than they would prefer to sit in a sweat box. RESPONSE: We have complained to the proper authorities, and can only hope with you that the air conditioning system will be adjusted. This is, as you pointed out, a seasonal problem and one which the staff is well aware of. RESPONSE: This room, like the rest of the building, has its heat problems. The thermostat in Room 222 is broken which may have something to do with why that room gets so unbearable. We have notified maintenance, but can make no promises. COMPLAINT No. 45: Why does the library close at 5:00 pm on Saturday? Should it? RESPONSE: The library has always closed at 5:00 pmon Saturdays. This is due primarily to budgetary constraints. Two years ago the library was open later on Saturdays for a one month trial period and statistics showed that use was not heavy enough to warrant staying open later on a regular basis. The library now opens two hours earlier on Sundays (i.e., noon). COMPLAINT No. 46: If one posits that an underlying goal of any library and particularly one with a shortage of funds is to maximize potential use of existing resources and accommodate all legitimate users of materials, then several policies of this library, particularly as regards private "faculty collections" are particularly indefensible. My complaint is specifically directed to the massive collection of Tax Law materials stashed away in Professor Del Cotto's office. Since Del Cotto is not even here this year, the justification for such a hoard is even more tenuous than otherwise. This is especially so since many of these materials are one-of-a-kind, e.g., CCH Loose Leaf Reporters, etc. Obviously, such a policy benefits only the pernicious publishing pursuits of professors, in gross derogation of the fair entitlement of students to have general access to those materials locked up in the attorney's room (Prentice-Hall Tax Reporters, RIAA Tax materials, etc.) This problem is all the more reprehensible because the location of these materials is nowhere evident from the card catalog. Indeed, the card catalog directs users to an empty shelf on the Fourth floor. Finally, a suggestion: why not simply put these items on reserve in the library? Surely this would — — _ accommodate both professors and students! Really, it isn't unreasonable to ask professors to share valuable looseleaf services with students, especially when there is only one copy!!!!! RESPONSE: 1) The complaint begins with a factual error. There is no "massive collection" of materials of which "many" are one-of-a-kind, "stashed away" in Del Cotto's office. The material located in faculty offices, with rare exception, is limited to duplicates. The exception was the Tax Coordinator, a set which was very infrequently used but useful to have, and that set is now in the locked access'lreserve area called the attorney's room, which is accessible to everyone. The CCH Tax Reporter is the only set which is not duplicated in the attorney's room, but material contained in the CCH is duplicated in the Prentice-Hall Tax Reporter. The PH Reporter is accessible in the attorney's room. And, if you do need to see the CCH Reporter, ask at the circulation desk and someone will provide you with access to the material. 2) Apart from the error of fact, the complaint is based on a premise which simply conflicts with the reasons for a law school You may disagree and feel that teaching students is the only function of a law school. To the contrary, as a part of a university center, the law school has an equally important research and scholarship function. Scholarship is neither subordinate to nor dominant over the teaching function of the school. But scholarship is a responsibility of a law school, and therefore there is a policy of locating duplicate material in faculty offices for purposes of either basic research or preparation of teaching material, or a combination of the two. And, it is not justified by the "pernicious publishing pursuits of professors." Whether in a time of shortage of funds or a surplus of funds, a goal "to maximize potential use of existing resources and accommodate all legitimate users of materials" is meaningful only by reference to the several priorities of a law school and a law school library. 3) The material which you refer to as being "hoarded" in the attorney's room, is not necessarily one of a kind, and it was located there to make it more usable. Ideally, it would be on an open shelf. But, this material has been subject to a high rate bf vandalism. Initially, it was placed behind the circula tion desk to facilitate its use. We thought that by converting the attorney's room into what is really an adjunct to the circulation and reserve collection, with access for all users by a key checked out at the circulation desk, we would make the material more usable while retaining some degree of security against vandalism. The location of this material is being properly indicated in the card catalog. You can also check with the reference librarians to find a full list of looseleafs and their locations You might be interested to know that the Library has subscribed to several new looseleaf services. Among them are: Energy Users, Housing and Development, International Environment and Product Safety and Liability. University Press Acknowledged To the Editors: You can vote old Opinion editors out of office, but you can't keep them quiet. •Last week, John and I extended our thanks to the Opinion staff who, though not always visible to the law school community at large, were instrumental in keeping the paper alive for 11 issues. This issue, John and I would like to show our appreciation to another staff who has been responsible for what you see in each Opinion issue the production staff at University Press. In particular, we must acknowledge our debt to Cheryl - Pestell, outgoing Production Manager at UP, for her contributions to the paper. Cheryl new editorial board, along with began her association with our UP's Bill Brickley (voted most infamous publication by typing likely to have to deal with Opinion copy four years ago. Opinion next year), can continue Cheryl has continued to work to come up with a quality with the paper since she has been product. We would also like to at UP and has contributed time thank the rest of the Press staff and effort above and beyond the for their help: Janice Williams, call of duty. John and I will never especially for her leprechauns, forget Cheryl's helpful suggestions Marie Bernard for managing to as to what we could do with our keep the front office sane while copy! In any event, without we massacred our layout in the Cheryl's assistance, we never back, and all those who have would have known just how high typed our copy when most of it the duck really is [see the was illegible and disorganized. Simson-Hunter maiden issue Thanks again and good luck. April 28, 1977]. Cheryl thanks Just remember Cheryl, we won't for everything. We wish all the have one another to kick around bestfor you in your new "status." anymore! While Opinion will not be the Take care, same without Cheryl's input Kirn Hunter [groan], we are certain that the and John Simson - — �New Book Looks at Dynamics by Mike Buskus journal articles supplemented by notes and questions. Louis M. Brown, Professor of Law at the University ofSouthern California and Edward A. Dauer, Associate Professor of Law at Yale University have written a new book. Entitled Planning by Lawyers: Materials on a Nonadversarial Legal Process, their work was published by the Foundation Press of Mineola, New York in spring of 1978. The authors have divided their 942 page work into 14chapters. Brown and Dauer have eschewed writing another "case" book, in favor of directing a substantial volume towards what they describe as the law's "Fourth Estate," the law office. The authors begin with a brief survey of some ethical concerns pervasive to the profession. Selected portions of the ABA Code of Professional Responsibility form the backdrop to consideration of questions posed by the authors. The authors present some selected cases as well as a thought-provoking excerpt from Monroe Freedman's ethics text regarding the propriety of counseling a corporate client about illegal activity. Also included is a lengthy selection from Columbia Law Review about ethical issues facing securities The authors also examine internal dynamics and economics of the law office, reprinting statistical tables and a variety of articles about the delivery and pricing of legal services. Substantial references are made to other materials, including a variety of texts and articles. The issues of delivery and pricing of legal services form the grist of chapter four, which includes substantially the entire opinion in Goldfarb v. Virginia State Bar, a 1975 case dealing with the issue of minimum fee scales. Chapter 5, "Solicitation and Responsibility" deals with the issues of advertising and procurement of legal business from clients. Bates v. State Bar of Arizona is covered in depth. Substantially two-thirds of the text deals with the real essence of typical law office services for clients: e.g., negotiating contracts, counseling about various business decisions, drafting wills and real estate transactions, tax advice, etc. The primary emphasis here, as in later chapters dealing with specifics of property transactions and family law issues, is one of planning and preventive law. For example, the authors repeatedly advocate consideration of the tax implications of any property lawyers. Chapter 2, "An Officer of the transfers or corporate Court" approaches the topic of organization. Brown and Dauer have professional responsibility from the Court viewpoint. Several cases gathered and compiled a very on judicial discipline are included, extensive set of materials relating including a 1932 disbarment case to negotiating business and other example, they from Wisconsin, State v. Cannon. agreements. For Chapter 3, "The Counseling reprint a portion of Paul, A New Function" introduces the real Role for Lawyers in Contract substance of the book. The Negotiations, 62 ABAJ 93 authors posit that while lawsuits (1976): "There is a way to handle have considerable impact upon the negotiation of certain litigants, much, if not most of the commercial and financiallawyers' role is not litigation, but contracts that can save 50 to 60 rather counseling and the percent of the legal fees involved. rendering of advice to clients. ..[T]o economize on legal fees They argue that "the greatest run in some instances both parties of decisions by courts and mutually should retain the agencies have but an attenuated services of a single member of the effect on most private individuals' bar to prepare a fair contract affairs. The law office, on the between them." The authors also offer some other hand, impacts on its clients directly, frequently, and basic, but often overlooked concerns in the drafting of significantly." Substantial discussion is given documents. They remind readers to issues of dealing with clients on that consistency (with other documents) and a level understandable and papers and ambiguity (the lack of it) are intelligible to them. The authors suggest, for example, that an crucial in avoiding possible future provide a number initial client interview limited in litigation. They scope to merely eliciting facts of specific suggestions and process. may well obscure the client's real cautions for the drafting Subsequent chapters deal in real desires. The or concerns authors use extensive reprints of more technical detail with ofLaw Office planning concerns for resolution of marital disputes, bankruptcy problems as well as transfers of real property. An admixture of cases, questions, comments and generous selections from journal articles form the basis for these portions of the text. The concluding chapter deals with issues germane to the small business and franchise. This book is very unusual. It almost defies easy description. Where else in a law book might one see citations to (and excerpts from) psychology journal articles, the Wall Street Journal, sociology treatises, as well as the more traditional fare of Law Reviews? Particularly interesting is the authors' use of the classic "three by three" dot matrix creativity problem. The problem involves a graphic figure of nine dots, grouped in three rows of three dots each. The problem is to draw four straight lines (going through all nine dots) without lifting the pencil from the paper. This is but one example of the authors' own decision to discard normal limitations imposed by conventions often assumed in procedural obstacle to getting down to substantive business: the shape of the table After studying nearly two dozen designs, the negotiators at last agreed on the shape of the table: ... it will be round." In sum, this book is unlike any law book this reviewer has ever read or seen. It is unusual, and at times wanders from the areas normally thought germane to law practice. The book is worth reading. It suggests a substantial number of areas (e.g., setting fees, precision in drafting documents, etc.) that need more attention by law offices. The authors obviously are speaking from considerable experience (indeed, the text cir.es a number of sources written either individually or collectively by the authors) and they convey a message that planning in law is often ignored, relegated inexplicably to inferior status to the much emphasized (in law school, at least) area of litigation. The book does suffer from some problems. At times the discussion rambles into rather minor points. In spots one senses a rather substantial reliance on articles of others (evidenced by virtual reprints in some areas). In most areas of the text, however, that dependence is balanced by thoughtful comments and questions. On balance, the precise usefulness of the book is difficult to ascertain. Indeed, there is not any book exactly like it now. The text would probably be well suited to a seminar-type "counseling" course in which supplemental problems of a real (hypothecated) client were also provided. Canfield Needs Senior Volunteers Those already participating in the senior survey who Dean Allan Canfield's doctoral misunderstood the procedure are study dealing with achievement, welcome to withdraw their data classroom interverbal behavior sheets. Those interested in legal textwriting. volunteering may pick up the and courtroom effectiveness. At various other places in the be used to materials in Canfield's office, will Grades text, results of statistical surveys determine the measure of room 311 or leave their names or other information about the Numbers will be with him at home, 688-7579. interaction between clients and achievement. Students who wish to meet for names to avoid substituted the law office adds to the realism reporting grades. with Canfield to discuss his individuals' of the analysis. Other real will be reported as data research, he said, are welcorre to occurrences are interspersed to Results do so. array. add interest and historical balance. Thus, in a chapter on negotiations, the authors preface The Law Library will once current I.D. or course printout, their discussion with a quote from again be reserving carrels for law will be allowed to sign up to use a 1969 issue of Time magazine: students during the exam period. the carrels. The carrels will be reserved for "When the history of the Viet The service will start Monday, one day onfy, and any library Nam peace negotiations is written, May 1 and last until May 19. posterity will probably look with Carrels will be signed out at the materials left in the carrels will be astonishment on what has proved reference desk each morning. shelved after the library closes in to be the most important Only law students, showing their the evening. Seniors are needed to participate in Assistant to the Daily Carrel Sign-Up Starts May 1 APRIL 30! That'sthe final registration date to be eligible to take the BAR/BRI Computer-Graded Pretest. There is no additionalcharge for the Pretest andallpersons already enrolled are eligible. If you have not yet registered, yourenrollment application must bereceived in our New York office Directions to Millard Fillmore's Grave by Sp.m. Enter cemetery at Delaware-Delevan entrance. left past the office, taking'the road which is closest to Delaware Avenue. Continue across the creek over the bridge. on April 30. Keep bmbn After crossing the creek continue on the left hand road. Turn right at the second road MR REVIEW on the right, where there is a sign pointing to Millard Fillmore's grave. It is marked by a pink granite stone enclosed in a green fence halfway up the hill on the left. 401 Seventh Avenue, Suite 62 New York, NewYork 10001 . New York (212)5043696 New Jersey (201) 623-3363 April 26,1978 OPINION 5 �Culinary Counsel International Sausagemaking: Some Favorites by Kevin Powers Few areas of gastronomic wizardry offer as much satisfaction as sausagemaking. The process can be broken down into three basic steps: chopping or grinding the meat, mixing the ingredients and stuffing the casings or forming patties. Though a cooperative butcher is helpful in grinding the meat, the. chore is easily done at home. As with| most things in the kitchen, the old-fashioned way of chopping the meat by hand is the superior method. To facilitate the hand j method, the meat should be cut into strips and chilled, but not quite frozen. An extremely sharp knife is essential here. The meat should be chopped into 1/4-3/8" dice for most sausage. Although the hand method produces the finest product, the old-fashioned, hand cranked meat grinder that Grandma used to use is a close second. So, get Grandma's old meat grinder out,, attach it to the nearest table and get ready to make some of the finest sausage you ever tasted! The best cut of meat for sausage making purposes is "butt" or "Boston butt." Buy it with the bone in as the bone is small, and appearances aren't your concern at this point. Cut the meat into IVi-2" cubes and put it through the grinder with a 3/8" plate installed. When trimming your meat, remember the best sausages contain 1/4-1/3 fat. Try not to exceed 1/3 fat. Mix the spices (recipes to follow), and put the meat aside to bloom. Blooming is a sausagemakers'. term which describes the time allowed for the spices and flavors to mix adequately. While the meat is blooming, ydu can prepare the casings. Sausage casings are usually hog intestines. They are available in area supermarkets and come packed in salt. Three pounds of meat will fill 36-48" of casings, depending on the size of the casing and how firmly the sausage is stuffed. With a well-washed thumb, force POWERS PERFECTLY the meat mixture through the funnel DELIGHTFUL and into the casing. The casing will PURE PORK SAUSAGE pull itself off the funnel as it fills. If the casing binds, wet it with cold VA Ibs. pork butt water dripped from a sponge. If the Ib. salt pork 3/4 casing tears, keep on going until you garlic finely minced 1 dove have filled all of it. Use somewhat 1 tsp. salt less pressure as you approach the 1 bay leaf crushed weak spots you noted earlier. to taste allspice a If you are suing sausage stuffing tsp. black pepper 1 attachment to your meat grinder, be egg sure to remove the knive and plate so 1 onion minced 1 that the meat is not ground twice. 1 tsp. rubbed thyme When tying the sausage into links, parsley use cotton string, as synthetics have 1 tbsp. Grind pork with 1/8" plate. Mix a. very nasty habit of melting. Tie other ingredients very well. in both ends of any tears first, and for Refrigerate 1-2 hours. Shape into continue until you have tied off the patties and freeze. To cook, fry in number and size of links that are 50/50 mixture of butter and olive appropriate. Finally, (this all sounds more oil. complicated than it really is), hang the links in a cool place for an hour or so to let them form what the i sausagemaking establishment calls a \ bouquet. This is really a second J *f* BREAKFAST PORK SAUSAGeV blooming. ' ' ITALIAN PORK SAUSAGE WITH FENNEL (f \X 3 Ibs. pork butt VA teaspoons salt f*% [[ 2 tbsp. freshly ground pepper VA teaspoons crushed fennel seeds <f\ hot pepper flakes to taste V. 2/3 cup red wine Trim meat and remove fat until proper Va-Vi ratio is achieved. Grind meat with 3/8" plate or chop by hand. Blend meat with spices and wine. Allow to bloom. Stuff casings or form patties. Broil or pan fry. \) 2% Ibs. pork butt /p y VA tsp. sage Vi tsp. marjoram Vi tsp. savory 2 tsp. salt 1 tsp. black pepper % tsp. ground nutmeg % cup water Grind meat with 3/16" or 1/4" plate. Mix iseasonings in well. Stuff into sheep casings or form into patties. Fry until well browned. BRATWURST/) 3 Ib. pork butt Vi Ib. beef Va Ib. pork fat 2 tbsp. salt 1 tbsp. ginger IVi tsp. coriander 1Vi tsp. pepper Vi tsp. dried mustard \2l T) Jj 2 Ibs. beef 2 tsp. fresh chopped garlic Vi tsp. allspice Vi tsp. cloves % tsp. thyme VA tsp. saft 1/8 tsp. black pepper Vi cup beef scotk Grind with either 1/4 or 3/8" plate. Mix spices in very thoroughly. If ground with Vi" plate, shape into patties or 1" thick by 3Yi" long sausage rolls. If ground with 3/8" plate, stuff into casings and tie off into 4" links. Ed. Note: The following recipe was discovered in the Opinion office during our recent spring cleaning, which is why it wasn't printedin the last issue. (Sorry, "Kid"!) WHOLE WHEAT AND HONEY BREAD submitted by the Kid I've been making the following bread on a regular basis for about 5 years. It's time consuming, but if you're kickin' around the house for 8 hours or so some Saturday, why not? The reasons why this particular bread? I've made somewhere in the vicinity of 25-30 yeast breads and rolls over the years, and this is easily the most used as: I) It uses no sugar; 2) It uses only whole wheat flour; and 3) Kids love it. 3 cups warm water V Vr MITITEI Romanian beef sausage 3/4 cup honey 2 pkgs. dry yeast < * Grind with 3/8" plate. Mix in spices and stuff. To cook, simmer in Vi" water for 15 minutes. Drain. Take out as much casing as you KIELBASA X Saute in butter until brown. think you will need. Pour coarse or Kosher salt into the package to 4 Ibs. pork butt Y replace the satt lost and store in the 3/4 Ib. beef refrigerator. Stored in this way, 1 medium onion, chopped vs»^ v casings will keep for a year or more. 2 cloves garlic minced ~-*«' use to Never iodized salt pack 3 tsp. whole marjoram SPANISH CHORIZO casings, as the iodine will eat holes in 1 tsp. powdered sage them (nasty stuff that iodine). Soak 1 tsp. thyme H 2Vi Ibs. pork butt the casing in several changes of cold 2 bay leaves 3A Ib. pork fat water for 3/4-1 hour. This is to 2 tsp. salt V remove the salt and restore the 2 tsp. peppercorns, coarsely crushed 2 fresh red peppers, seeded & sliced casing's elasticity. 1/3 c. red wine Vi tsp. ground nutmeg 1 dove garlic, crushed Using a wide funnel or a sausage olive oil 1 tbsp. wine vinegar stuffing horn that fits your meat Graid meats with either Vi or 3/8" 1 tsp. Spanish paprika grinder, carefully slide one end of onion and garlic lightly. Vi tsp. salt the casing over the end of the funnel plate. Saute remaining spices (except salt, Vi tsp. chili powder Add and bring several inches of the casing and and 1/3 cup Vi tsp. crushed dried red pepper pepper nutmeg), on with it. Run cold water through warm water. Stir and simmer 2 Grind pork, fat, and red pepper the funnel and into the casing as you slide more and more casing onto the minutes. Let mixture stand, covered, with 3/8" plate. Mix in remaining about 10 minutes. Remove bay ingredients. Stuff into casings and tie apparatus. Make a mental note of where any tears or holes occur in the leaves. Add spice mixture to meats off in 7-9" links. Cook as fresh casing. Leave about 2" of the casing and then mix well. Add salt, pepper sausage; simmer in Vi" water and then brown in olive oil. hanging from the end of the funnel. and nutmeg. Stuff into casings. Page six OPINION April 26,1978 Q K 1/4 cup melted butter or margarine whole wheat flour (lots) 1 tablespoon salt Make a yeast starter with 1 /2 cup water and 1 tablespoon honey and the yeast. Combine the rest of the water, honey, butter, salt, and about 4 cups of flour. When the yeast starter is right, mix it in and stir really well. Keep adding flour until you get a good stiff dough. Knead the dough, adding as much flour as the dough will absorb. The kneading should be thorough. Place the dough in a greased bowl and let it rise to about double. (The bowl should be placed in the oven with a pan of hot water beneath it and a damp towel over it. Make sure the bowl is big enough so the dough will not contact the bowl.) Punch it down and let it rise again. Now split it into 2 loaves and place in loaf pans to rise yet a third time. Then bake at 350 degrees for 40-50 minutes (experience will teli.) For a real kid pleaser, brush the tops will a little honey while the loaves are hot. The bread has no preservative and will tend to dry out if not well wrapped after a loaf is cut. �Wide World of Torts Provisional Remedies: Simson for Governor by John Simson sample letters and threats, so that you can know the kind of pressure I've been going through I have been saving this last column for two and one half in order to bring you good years. We all must wait for the investigative journalism of the proper time and proper forum. third kind. (I never reveal my Too many third year students.do sources) hot understand this age old principle. They are worried Dear Wide World of Garbage, because they have not as yet I'm not saying you'll never get found "positions." a job, because I am leaving and the person who takes over my I do not worry. Today is the first day of the office might not get a line on you rest of my life. This is a good as quickly as I did, but that thing to say. It is almost as nice as claptrap you wrote about the Clairol's latest hair coloring Placement Office was unfounded advertising campaign—which sends and untrue. First of all, we had its message to those burnt out two calls last year, and only one flower children of the Sixties who was a wrong number. Second, the are now dying their hair to law firms that expressed interest maintain their youth in the did not believe I was from "Looking out for Numero Uno" Harvard when they guaranteed 22 Seventies. Clairol's message: "Why job placements but from Yale! I not change the things you can!" have spoken to your editors and I hear that commercial once, they have assured me that you and terminal despair sets in. But will not be released on the general enough background material; public again. Simson said he's been saving a Unsigned Placement Director column; let's hear it. Today, I am giving Opinion a Dear Torts, In your last column you journalistic scoop in announcing my candidacy for the 1982 New dishonestly claimed that I had York Gubernatorial Race. single-handedly overruled the Law You're probably wondering of Gravity. As anyone why I make such a big deal of this knowedgeable in Supreme Court here in the Wide World, well affairs should be aware, one consider the following. This justice by him, (or her, God help newspaper is read (maybe) by 800 us,) self, cannot overrule the Law future lawyers of New York. They of Gravity. Chief Justice Burger will return to the communities did in fact concur in my opinion. from whence they came and Wm Rehnquist become very well-known folks. In P.S. t would appreciate it if you four years when the campaign would not disclose to your readers trail is hot, they can arrange for the help which you gave me in my speaking engagements, rallies, Aldinger v. Howard. I did in fact etc. These 800 lawyers are the mean "sic utero damnum supine key to my campaign. Most of you negligence" when I used the word are probably thinking these 800 Impleader. lawyers all come from Brooklyn! I WR think that overstates the So Wide World comes to a distribution of our class somewhat. However, as an astute close. Before I go, one more politician, I have made other skeleton, Opinion's taping system never mind. arrangements in Upstate New York. You may ask why you should work for me? There are many reasons. When the governor of by Bill Brooks New York is a UB Law School alumnus good things start to It would probably be fair'to happen. The job market suddenly explodes for UB law graduates. say the Justice Department during (Note: since Jimmy Carter has the Nixon administration was not been president, not one Annapolis the most politically" neutral body graduate has been denied a job in in government. Things were supposed to change when the the federal government!) Picture Al Katz on the Court' peanut farmer took over. How of Appeals. Justice Breitel: "What much the department has changed do you mean you don't balance. is open to question. It does You're a judge now"!" Katz: "I'd appear, however, the department has not changed its attitude rather juggle than balance." Picture yourself in the state toward the publication of government. It could happen. So classified material. Under former remember, not this year, not next President Nixon's executive order, year, but in 1982, Simson for this is defined as material which if disclosed "could reasonably Governor. I have some other unfinished [be] expected to cause damage to business. Wide World of Torts has national security." In the early 19705, Victor not in the existed non-controversial vacuum that its Marchetti and John Marks wrote non-plussed author carries with 77je CI.A. and the Cult of him through his daily chores. Irf Intelligence. The C.I.A. then fact, most of this year he has been sought to enjoin certain passages running scared. Opinion has been of the book claiming Marchetti harassed by a multitude of had signed an agreement with the lawsuits designed to prevent my agency not to publish or column from appearing. Luckily otherwise disseminate information for me, Opinion's battery of relating to intelligence sources, lawyers has kept me out of Court, methods or operations without up until this time. Below are agency consent. The 4th Circuit in opinion by Clement printed for your benefit, some an . . .. Standing: (1-4) Stuart Markowitz, John Gilbert, Jim Morris; kneeling: (l-r) Danny Kohane, Jim Kelly, Dave Gallo Schwartz on Sporte Underdogz Triumph in Basketball Final by Michael Schwartz " Yaz, sir he's my baby " Reggie Jackson Since Larry Meckler was somewhat of an inspiration to me in the writing of this column, I decided to reread the final "The Heck with Meek" {Opinion, April 22, 1976) to get an idea ofhow a law school sports writer should end his career. Meckler, being somewhat less modest than myself, compared his life to the life of Babe Ruth. It should be quite clear to everyone by this time that I would (never lower myself to comparison with someone primarily remembered for his career as a Yankee (although,-like Sparky Lyle, the Babe did have some redeeming years as a pitcher for the Red Sox). Instead, I would like to congratulate the Commissioner and all who participated in the Law School Basketball League for a fine season. In the recently completed championship game, Team 12, led by game MVP John Gilbert, roared back from a half lime deficit to defeat favored Team 9. The effective outside shooting of Bob Fleming and Steve Gerber had combined with the inside drives of Chuck Kelton to carry Team 9 to a four point lead, which they maintained throughout the first half. Their well-organized passing attack created a high percentage of open shots, which were consistently converted into easy baskets. The second half seemed like an entirely different game as Team 12 outscored their opponents 19 to 7. All Stars John Gilbert and Stuart Markowitz were virtually unstoppable, scoring all but 4 of their team's final total of 30 baskets. The inside work of Gilbert was complemented perfectly by Markowitz's fine perimeter jump shots. In addition the improved defense of Team 12destroyed the teamwork that Team 9 had employed so well in the early going. Team 9's offense, which must control the tempo to work as planned, completely broke down as the game progressed. The 30-22 final score accurately reflected the rout that the game had become. Team 9 had advanced to the finals by beating Team 13, which had been led all year by the play of Rich Epstein and Jack Sylvester. Team 13 fell behind early, but managed to stay close until Team -9 pulled away eventually winning 30-23. The other semi-final game also ended in a 30-23 score, as Team 12 overcame early difficulties to defeat Team 1, who had displayed a well balanced attack throughout the season. The SCHWARTZ ON SPORTZ All-Star Law School Basketball Team: RICH EPSTEIN Team 13 808 FLEMING Team 9 JOHN GILBERT Team 12 STUART MARKOWITZ Team 12 - - - - Government Suit Seeks Damages and Censorship Haynsworth (who might be sitting on the Supreme Court today if the Senate had any idea Tricky was going to nominate William Rehnquist if Haynsworth was not confirmed) upheld the validity of the contract and permitted the deletion of some but not all portions of the book that the C.I.A. had requested deleted. An author in a recent Village Voice article has pointed out that the C 1.A., in a recent internal memorandum, noted it deliberately excised numerous passages from the Marchetti book that had nothing to do with national security in order to have "bargaining chips" when appearing before the court. Tom Snepp did not want to become the second person in U.S. history to be censored in such a manner. Snepp was a high-level C.I A operative in South Vietnam who thought the evacuation of South Vietnam was a fiasco He tried to tell that to the C.I.A. through an internal memorandum but the agency ignored him. He figured if he told the agency he was going to write a book about the matter without submitting his manuscript for agency approval, they might butcher the book to On February 15th, the Justice Department initiated a civil suit claiming Snepp had "unjustly enriched himself," and seeking damages at least equal to the death. He thus led the C.I.A to believe he would submit the book for approval when he had no such idea. The book Decent Interval, author's present and future was published before the agency earnings from the book. In had an opportunity to excise addition, the agency sought to portions it deemed embarrassing. enjoin Snepp from further writing I can see my friend Mr. T. or speaking about his C.I.A. Bender smirking and saying experiences without prior agency something to the extent of "Why screening does this radical believe the C.I.A. One commentator has pointed was after embarrassing out and it is hard to believe he information? Does this schmuck is wrong that the government is ever believe perhaps the material only interested in stifling dissent, that would have been excised instilling a fear in government might have been crucial to officials, ex-officials and national security interests?' Well publishers alike. The government Tom, neither the C LA. nor will not benefit at all financially anyone else has yet to claim from this suit. Snepp's advance Snepp has compromised any was less than Vi of his C.I.A. security information. Rather, salary, and if the government wins Decent Interval is an historical the case it will realize less money account of the evacuation of than it costs to bring the suit. Snepp's chances of winning South Vietnam As such any information that would have been appear to be decent at least. If deleted could not have been this is the case, or if the harmful to this nation's national government cannot establish the information in question does not security interests. Left at the starting gate by meet the minimum standards for Snepp the government decided classification, then all may turn not to take things sitting down. out well in the end. — April 26,1978 - OPINION 7 �New Faculty Members Hired Diverse Fields Represented been Marshall Breger in visiting specializing Marshall Breger, a Associate Professor of Law has accepted a permanent teaching position at UB Law School. Breger has been an assistant professor of Law at the University of Texas, where he taught courses in Legal Profession, Law and Medicine, Administrative Law and Civil Procedure. Breger received his J.D. degree from the University of Pennsylvania in 1973. Editor of the Law Review, Breger graduated magna cum laude. interested in political theory, Breger was granted a degree from Oxford University in 1970 for his thesis on the political Theory of Technological Society. He received his B.A. in Philosophy and M.A. in American History from the University of Pennsylvania in 1967. Breger served on the Board of Directors of the Legal Services Corporation, Washington, D.C. until 1977, and was a Contributing Editor of Texas Observer magazine. A former law clerk of Federal District Court Judge Marvin Frankel, Breger has published many articles and is presently working on more, including one on the Legal and Ethical Problems of Social Research. private practice in employment discrimination since 1971. He was a consultantfor the NAACP Legal Defense Fund and a staff attorney for the Lawyer's Constitutional Defense Committee in the early 19705. Spiegelman has taught courses in Employment Discrimination Class Actions, and Environmental Law at the University of Utah Law School. He has also taught at Hastings College of Law Golden Gate University Law School, and Wayne State Law School. Spiegelman also has some background in clinical teaching. He has clerked for Federal District Court Judge Jack Weinstein and done research under the guidance of Professor Herbert Wechsler. A 1967 magna cum laude graduate of Columbia University School of Law, Spiegelman has published a number of articles on employment discrimination He is 35 years old, married with one child Fall Grades Michael A. Schaeftler Michael Schaeftler has been hired to teach Corporations. Schaeftler has been working for Sonnenschein Carlin Nath and Rosenthal, a Chicago firm, for the past two years. Schaeftler is a native Israeli. He has six years of legal training in Israel. A magna cum laude graduate of Hebrew University Law School, Schaeftler clerked for the State Attorney of Israel, Ministry of Justice in Jerusalem and Michael Casp Bariste at Law a major Israeli law firm. Since coming to the United States, Schaeftler has received L.L.M. and S.J.D. degrees from the University of Michigan Law School. He was a research scholar for the University of Michigan and has served on the Hague Academy of International Law Schaeftler has published three articles dealing with international law and a book on the liability of corporate officials. He taught Hebrew while at the University of Michigan and is 30 years old Here are the grades for non-seminar courses from last fall for those of you who want to plan for next fall or justfind out how bad the damage really was. Note: Either UB students are getting smarter (not likely) or the faculty no longer believes in giving F's. Instructor Federal Tax I Federal Tax I Administrative Law Constitutional Law II Criminal Procedure I 115 26 loyce 69 Greiner 11 6 Albert 30 19 55 Mann" Ostrowski 13 71 12 Zimmerman 89 60 7 Schapiro 12 Birzon 111 Mugel 3115 Corporations Corporations Evidence Future Interests Family Law Gratuitous Trans. Labor Law Labor Law Property II Property II Int'l. Comm. Trans. State & Local Tax Comm. Trans. I Comm. Trans. I Trial Technique Civil Procedure II Consumer Protection Lawyer Client Clinic Fund. Munic. Law Govt. Info Law & Policy Blumberg loyce Kochery Atleson Reis Kaplan Leary Greiner Schlegel Spanogle Staff Kochery Spanogle Staff Magavern Boyer Graduation Requirements Cause by Robert S. Berger Robert Berger will be teaching Evidence and Civil Procedure. Berger comes from the Legal Assistance Foundation of Chicago where he is engaged primarily in federal class action litigation with special emphasis on the areas of mental health, health and Social requirement, Charles Wallin, J.R. Drexelius Avoid the headache of not graduating. Know the requirements. Basically three criteria must be met for a student to graduate from this law school. They are Assistant Dean of Academic Affairs and Registrar said. The class of '78 was required to add an additional number of hours to their first year required program because the' Court of Appeals did not approve their research and writing course. Thus, load (i.e., credit hours earned), 72 of'Q or better in law Security. their first year program consisted Berger is 29 years old, married, school courses, and residency. of between 27 and 29 hours Betweeji 81 and 83 credit 1973 graduate" and a of the on the way the depending required successfully hours are to University of Chicago Law School. He made Law Review and complete a degree. Essentially, research and writing course was this means the student must credited. It is confusing, however, graduated cum laude. While Berger has no teaching complete the required first year it only applies to this year's experience he has clerked for program plus an additional 54 graduating class.' The 72 hours of Q or better at Judge Luther Swygert in the credit hours. All students are also required the law school causes some Seventh Circuit Court of Appeals misunderstanding, Wallin said. All and been admitted to the Illinois to take Tax I and a seminar in either their second or third year. students must receive a minimum Bar. These courses count as part of the of 72 hours of Q, H, or S grades student's 54 credit hour to graduate. Paul J. Spiegelman requirement after the first year. While D is passing and will Paul Spiegelman will teach Any other electives taken during count toward the credit hour Civil Procedure and Employment the first year or over the summer requirement, it does not count Discrimination. Spiegelman has can be included in the 54 hour toward the Q or better rule. course # Amt. Personal # Amt. SBA 4 $ 4.57 251 $778.60 BALSA/AWLS 3 4.66 71 196.52 National Lawyers Guild 5 3.78 — Int'l. Law Society 4 7.24 6 4.85 TOTAL 16 $20.25 328 $979.97 — — Unclaimed # Amt. 61 $ 98.02 100 223.75 34 63.75 145 $385.50 PHONE BILLS The five groups who have so far responded to an SBA phone audit account for over $1,300 in personal and unclaimed phone calls. The first column above shows legitimate calls made. The second column shows personal calls which have been admitted. Unclaimed calls are in the third column. 8 OPINION April 26,1978 130 212 99 52 77 44 21 23 53 85 121 124 27 42 48 34 16 55 31 14 21 10 4 7 7 20 33 41 6 34 14 6 F's Q's D's 79 56 19 27 58 74 47 94 16 105 150 63 30 46 34 15 16 46 55 88 78 18 8 24 27 10 2 58 1 -- -3, 6 4 1 -9 7 --. 5 8 10 -2- — — -10 -5 -1 2 -10 1 Confusion The registrar also indicated the Q or Ifetter rule applied only to law school courses. An A or B received in graduate work under another part of the university or as part of a joint degree program could not be used to satisfy the law school's 72 hours of Q or better rule. Wallin admitted this penalized people who took part in a joint degree program, but pointed out the credits earned could be used to meet the 54 credit hour semester for six semesters, Wallin said. Each 12 hour semester is counted as 16 weeks for residency purposes. In order to graduate a student must complete 96 residency weeks (16x6). If a student drops below 12 hours per semester, he is considered a four year student and only receives 12 weeks a semester for residency purposes (12x8=96). By only earning 12 weeks residency the student is four weeks short for graduating in three years. requirement. There are two ways to make up Residency is the other major the residency requirements, Wallin graduation requirement. In order said. One way is to take an extra to complete a fulltime program in semester of courses. The other three years, students must take a way is to take two courses during minimum of 12 hours per the summer session. Some SBA Members Disappointed by Action — continued from page one people, Batt said. Legitimate Total No. H's Students Course Title However, the definition of lies and deceit finally adopted by the board in a 4-3 vote with four abstentions applies only to those people who did not come forward and claim personal calls within the one week amnesty period. As long as all illegitimate calls are claimed within the authorized week, the board said, it would not authorize an investigation into the impropriety of any individual. Phone abuse subcommittee member Lew Steele expressed disappointment with the guidelines adopted by the board. "I think we're not being honest because we should be interested in whether someone is taking responsibility for their action and if they're not, why should we hide them behind our subcommittee?" Steele said. Batt said he was also disappointed with the board's decision. "It didn't convey the meaning of my clarification. In fact it was directly in conflict with my intent," he said. SBA Vice President Kathy Kaman, who voted not to investigate any lies which may have been told to the SBA prior to the end of the amnesty week, said the who, what and why of the illegitimate phone calls were unimportant as long as someone was willing to pay for them. "No one cares who made the calls, as long as they get paid for," she said. The subcommittee's final report, due on April 28, will include a breakdown by organization of illegitimate calls as well as the total number of people in each organization responsible for the calls. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-04-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6f35c15f91b9b507f7f1e040815200a9.pdf 02984fc3fc5c57c3fdba93e078cf1d3f PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 —— I—— Volume 18, Number 9 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Clark's New lecturers named; Breger to stay on Bar Activities Ramsey Clark, former Attorney General of the United States, former candidate for U.S. Senator from New York, and defender of liberal causes, will address the Class of 1978 at commencement exercises set for May 27 at Artpark. The Law School has hired four new lecturers, Dean Thomas Headrick announced at theannual Law School Alumni Dinner. Headrick claimed the four new teachers' acceptance of the Law School's offers shows that SUNY at Buffalo is on the move and getting better. Headrick said Paul Spiegelman, a 1967,graduate of Columbia, will be teaching Civil Procedure and Employment Discrimination. Spiegelman is coming from a public interest firm in Berkeley, California which specializes in employment discrimination, the dean indicated. He has been in practice for eleven years, was top of his class at Columbia and has had some teaching experience as a Visiting Professor at Utah, Headrick continued. Bob Berger will teach Civil Procedure and Evidence. In addition, the Dean said, Berger may also work in the clinical areas. Berger is a 1973 graduate of the University of Chicago, and clerked for judges in the 7th Circuit. He had an "outstanding record at Chicago," Headrick claimed, but admitted the new man had no teaching experience. Headrick said Michael Schaeftler, an Israeli, has been hired to teach Corporations. Schaeftler received his law degree from Hebrew University and recently graduated from Michigan with his J.S.D. He has been practicing law in Chicago, the dean stated. Headrick also said that Marshall Breger, a visiting professor from the University of Texas, has decided to accept a three-year -appointment at this law school. Breger is the "first person we've stolen away from a big law school," the dean gleefully noted. Headrick said that all the new lecturers had been appointed to In addition, On April 21, Clark will discuss the proposed changes in the federal criminal code currently before the House of Representatives, already passed by the Senate. The discussion will be held in the Moot Court Room at 4:30 p.m. Clark is becoming a familiar figure around the Buffalo area. Last semester, he crossed the Peace Bridge with Bruce Beyer, the Vietnam war resister who was returning from Canada to face prosecution for draft evasion. Clark, who accompanied Beyer as his defense counsel, also initiated the prosecution against Beyer as Attorney General under Lyndon B. Johnson. Clark's ironic prosecution of draft evaders was one of the few departures from his general liberal career. As Attorney General under Johnson and John F. Kennedy, he brought about progressive changes in the areas of civil rights and criminal procedure. He supervised the drafting of the 1965 Voting Rights Act and the 1968 Civil Rights Act and helped steer the two through Congress. Later, he argued in the Supreme Court in support of the government's open housing program in Jones v. Mayer. In the area of criminal law enforcement, Clark April 14,1978 helped create the Law Enforcement Assistance Administration, worked for passage of a strict gun control act, and proposed prohibition of electronic surveillance and the death penalty. Since Clark's departure from the Justice Department in 1968, he has acted as a defense lawyer in several celebrated cases. In Buffalo, he defended Charles Pernasalice in the Attica prison prosecutions. He has represented Father Philip Bcrrigan, Kent State student president Craig Morgan, and the Alaska Federation of Nature, for whom he secured one of the largest land settlements in history. Clark ran twice for the Senate from New York. In 1974, he lost the general, election to incumbent Jacob Javits andtn 1976, he lost the Democratic primary to the eventual victor, Daniel P. Moynihan. Clark is a director of the American Civil Liberties Union, past president of the Federal Bar three-year terms. Association", and a member of Amnesty International Opinion will do detailed profiles on-the new teachers in its next and the NAACP Legal Defense Fund. He currently issue, along with an update on the status of some of the present law law in New York City with the firm of practices faculty. Clark, Wulfand Levine. ' Sightchecking at the Law Revue by "Pan 'em all" Canal When asked to point out the real J.H. Schlegel, Karl Llewellyn, played by none The First Annual UB Law Revue has other than Schlegel himself, replied, "How the fuck should I know?" has witnessed in quite a while, and This reviewer feels that the above skit absolutely everyone who attended knows must have been inspired by the Marx why. Brothers' movie, Animal Crackers, in which There was standing room only in Chico says, "he thinks I look alike." The Talbert Hall on March 19. The beer-happy parallelism and subtle symbolism are crowd received every act enthusiastically, obvious here. giving many performers standing ovations. Faculty Squares, loosely based on the It is rare indeed that one sees the law Hollywood Squares game on TV, starred school community in such high spirits. It Professors Atleson, R. Bell, Greiner, Katz was a most welcome change. [in absentia], Konefsky, Lindgren, For those of you who were too busy Schlegel, Breger played by Ira Goldfarb, hiding under rocks or in the library to and Dean Headrick. The show included show up, here is a run-down of some of the such star-stumping questions as "what does highlights of the show. it mean when the contractions are two minutes apart?" a labor law query Dean Tom Headrick's opening directed at Jim Atleson. The law student monologue as the dope smokin' dean of contestants had to decide whether or not our very progressive law school delighted each professor gave the right answer to the audience and brought it to its feet. Just each question, just as they must decide in how progressive are we? We're so class every day. progressive that, according to the Dean, A special feature of the.show had to "all the seats have magic fingers!!" be the 1978 competition for the Nude Law The Revue featured game shows Professor of the Year Award. Contestants geared to the law school community. To were limited to male members of the Tell the Truth was staged complete with a faculty, and all winners were chosen on the celebrity panel consisting of Kitty basis of pure animal instinct. Professor Al Carschlegel, Soupy Salesschlegel and Peggy Katz won the coveted top award by a bare Casschlegel who were assigned the task of margin. Unfortunately, he was not on hand choosing the real John Henry Bellringer to receive his crown from last year's winner from threecandidates. Michael Davidson, who was also not to be the best event that the Law School ' . — Progressive Dean: Headrick has high time'addressing Revue available for the presentation. Professors Dick Bell, Ron Allen, Peter Bell, and Paul Birzon were first, second,- third and fourth runners-up, severally and individually, cowflowcowflopcowflopcowflop. Prof. Atleson received special recognition as the recipient of the Congeniality Award for the 1978 Competition. Law students must now be aware of the wealth of musical talent among their cohorts. Helene Antel, Cheryl Block, Neil Cartusciello, Arlene Fisk, and Becky Mitchell all turned in fine vocal performances. - Barry Boyer Prof. Thorne McCarty brought down the house with his stark and pelvis-twisting rendition of "Heartbreak Hotel." Yes, McCarty can really rock and roll!!! Vinnie and the Tortfeasors must also receive their due for their top-of-the-charts hit "You proximately caused my broken heart." Several members of the group had to be escorted from the stage area when several overzealous fans tried to commit intentional torts upon their bodies. The Law Revue even had its own news program staffed by newscasters Mike Shapiro, John Simson, and ace sportzcaster continued on page ten - — �To the Editors Editorial Bulletin Board Bulletin Two for the Road Although one issue of Opinion remains, this is our final opportunity to address the student body, faculty and administration. Next issue, the paper will be turned over to newly elected editors for their maiden voyage. We wish them all the best and hope they will bring the same enthusiasm that we did to the paper. Hopefully, their enthusiasm will not be eroded as ours was, by the lack of support that Opinion receives from the 'student body. For a while, we were not certain that there would be any staff to whom we could turn over the paper. Fortunately, enough loyal soulshave volunteered their time and effort to keep Opinion going. We feel that we have shown in the space of one year that we are capable of addressing issues vital to the law school with good reporting, while providing entertainment with columns, cartoons and good photography. At these times, as many as twenty students were contributing to the production of the paper. We have also had issues that were gray and uninteresting because our staff was too limited. On more than one occasion, the present editors-in-chief were ready to abandon ship. Such crises are by no means limited to the present staff, but have occurred regularly over the past five years. We have both felt we were wasting student monies by publishing the paper when no one cared enough to participate. When this point was raised with other students, the response was positive most looked forward to reading the paper. We are not convinced that this arrangement is satisfactory. Running this paper is, by and large, a thankless task, though there is some satisfaction in walking down the hall seeing students reading it* Somehow that is not enough. Putting out an issue of Opinion takes a lot of work even when staff is more plentiful. Editing, re-writing, layout and proofreading are very time-consuming. These are essential tasks, and we have learned the hard way what can happen when staff is so short that proofreading and editorial discussion are at a minimum. room. No other floor board, next to the mail there. go messages should 3) On the second floor, first and second year Several complaints have been made to me about assignment boards are available for faculty posting of the misuse of building space and bulletin boardsfor assignments only. posting materials, which is in violation of University 4) The round bulletin board on the third floor is rules. by the Financial Aid office and by the used Without cutting down too much on your Registrar. we do the me that suggest opportunity to post, let Please do not post items on the bare plaster following to bring a small measure of order to the walls, other painted surfaces or doors anywhere in process. Mailboxes for students should be built building. 1) Student organizations should post their the of the semester, ready for fall, which will the end by on the , floor materials on the SBA board (second of the present problems. eliminate some first floor Kiosk, and in the first floor student help. Please lounge. Thank you. 2) Messages from faculty and from students to Allan Canfield third should be on the posted individual students To the Editors: Revue: Canfield Compliments .. talent in the Law School, which we thought was there all along. So, you can see where the compliments belong. compliments receiving many, many have been I and about the Law Revue from faculty, students Alan Canfield staff. And, as you know, I am merely the person to who should gather the compliments and give them the real performers and task masters. For me, the entire show was fun, although it wasn't easy for us to get it together. Others already are talking about a show for next year. I call attention to Bob Kaiser and his musicians, To the Editors: to John Simson and Fred Konefsky and their To all who worked for, planned for, participated writers, and to Andy Spanogle for the faculty chorus. Bruce Drucker was such a gentleman about in, and came to theLaw Revue: Thanks for one helluva an evening and the sense our Johnny-come-lateliness, and he really put the finesse on the program. Not a performer in the show of community it brought and left for all of us to should be less than pleased with the results. Ted enjoy. There are several alternatives for the future. One is to provide Donovan was extremely helpful in organizing it as Tom Headrick Opinion editors with stipends for their work. We don't favor this, well. For me, what a pleasure it was to find that because we feel editors of Opinion should not be motivated by money, but be genuinely interested in running the paper. Another choice is to give credit for working on the paper. However, this would probably entail administrative oversight of the Direct one student (if desired) to seek Step 4 paper which might jeopardize the independence of the paper's To the Editors: or foundational funding. additional governmental viewpoint.' Time commitments would probably have to be more Ask your friends to contribute, For those who might be interested in social Step 5 restrictive and this might discourage part-time or late additions to the reform or political action, I offer the following pointing out that this is all tax deductible. staff. Finally, we can continue as usually, which is probably what will suggestion. The object is to create a "Nader-Raider" there are many additional psychological and happen. This is the easiest path to follow and takes the least amount of organization without relying upon volunteer economical benefits that will arise from having your commitment from the SBA, the Administration, and the students. We support. Step 1 Create a non-profit corporation. own non-profit corporation. can only offer our condolences to those who follow in our wake. Approximately $90. Barry Weintraub Step 2 We are certain that the new staff would appreciate any suggestions Hire college work-study students (law, UB Law Senior that you have to offer. Opinion will only be as good as you make it. X management, etc.). Approximately $120 per person. -Step 3 Direct the students to investigate areas you don't like the quality of the paper, your contribution of ideas, PS. There are other things a person can do. articles or whatever can change that. There are more abuses and of concern. complaints to investigate in the law school, but unless folks are willing to put in a little time, they will not appear in your paper. So with great relief, tempered by a little nostalgia, we bid you a journalistic adieu. Good luck to you all in whatever you do (but especially if you work for Opinion). To those who will take the helm To the Editors: as we, the United States, look upon the of this newsprint ship bon voyage! Constitution. It is the basis of their government. The Please read the following and if possible print in State of New York is depriving the people of the Six the next issue of your newspaper. It would be Nations of the instruments by which they can greatly appreciated. exercise their government to its fullest extent. April 14,1978 Vol. 18, No. 9 The State of New York obtained the Wampum The State of New York made a law in 1899, from the Indians by deception and force. The Editors-in-Chief which made them the official Wampum keeper in Wampum should be returned to the original and only New York State. Wampum is not money, but is the rightful Wampum keepers: Hunter of the Six Kirn JohnSimson Randi Chavis belts that the Six Nations use in their religion and Nations. Photo Editor government. The Wampum are the official treaties of The people of the State of New York should be Staff: Bill Brooks, Mike Buskus, Tim Cashmore, J.R. Drexelius, the Six Nations. made aware that New York State is illegally keeping Carol Gardner, Jason Poliner, Sheryl Reich, Michael Schwartz, When the State of New York became the the Six Nations from practicing fully their religion Mike Shapiro, Paul Suozzi. self-proclaimed Wampum keepers, they said that and government. We urge you to be aware and to they would carry out all laws of any Indian help in any manner possible in getting the Wampum Wampum keepers. They have failed in the following returned to the people of the Six Nations. Copyright 1978, OPINION, SBA. Any republication of materials herein is ways to be Wampum keepers. First, you have to be strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. an Indian; second, you have to"be able to recite the We at the SUNY at Buffalo have started a It is the student newspaper of the State. University of New York at Buffalo message of each Wampum; third, the Wampum campaign to return the Wampum to the Six Nations. views 14260. The Buffalo, N.Y. Campus, of SUNYAB Amherst School Law, should be present at all Six Nation meetings and If you have a similar group, would like to start a expressed in this paper are not necessarily those of the Editorial Board or postage religious ceremonies. By failing, they are depriving group, or just want some more information from us, third class organization, a Staff of OPINION. OPINION is non-profit entered at Buffalo, N.Y. Editorial policy of OPINION is determined the Six Nation of their political and religious please write. collectively by the Editorial Board. OPINION is funded by SBA from freedom. t at Buffalo. University Press Student Law Fees. Composition and design: New York State recognizes the Six Nations as a Joanne Spano separate government and are forcing a New York AmyMerrock State law on a foreign government, which is Jayne McCormlck unlawful. The Indians look upon the Wampum Belts Matthew Arlgo To the Editors: — Dean's-Delighted Blueprint for Action - - — — — Wampum return demanded — 2 Opinion April 14.1978 �Referendum delay scored To'the Editors: extent that the misuse of the phones relates to the referendum, there were enough facts presented in As many of you know, I have been circulating a the March 16 issue of Opinion, for anyone to draw petition for the recall of SBA president Andy an intelligent inference of impropriety or not. Cosentino. The SBA constitution provides, in effect, I feel that Andy Cosentino misled us with that a petition to recall the president must contain regards to the validation requirement in order to the signatures of 25% of the student body, and upon manipulate it later, as was done. I also think that the validation of the signatures, a referendum must take board has done a disservice to the students of this place within two weeks. However, there is nothing Taw school by using this ambiguity to delay the either in the constitution or the by-laws which referendum, contrary to the legitimate expectations indicates how the signatures must be validated. of the 198 students who signed the petition. Before I circulated the petition, I asked Andy to There was a lot of concern that the results of clarify the validation procedure. He assured me that the investigation might clear Andy of any all it meant was that the signatures would have to be impropriety and therefore it would be unfair to hold checked against a class list to be sure that those who the referendum beforehand. There is no basis in this signed were members of the law school. argument when weighed against the harm caused by Relying on this explanation I obtained the delay. necessary number of signatures and presented them If the referendum were held now and were to the board at the April 5 meeting. Director Claude successful, nothing would prevent Andy from Joerg and I went over each signature, checking them running again. By the time another election could be against the class list, and he. wrote "OK" on each held, the results of the investigation would be out. sheet as we finished it. "There were a total of 198 If, based on the results) the students felt they had signatures, more than enough to- meet the made the wrong decision, they could re-elect him. constitutional requirement. Instead, there is no guarantee that the I had every right to expect that the board would referendum will take place any sooner than the last move to schedule this election as the constitution two days pf classes, when most people are unlikely provides. Instead, I was told that since there was no to be thinking about anything but exams. express language governing validation, the board I'm upset with the way things have transpired, could decide how to do it. The majority of the board and I think everyone else should be. I have followed wanted to delay the referendum until the report of the proper procedures only to find Andy Cosentino the finance committee (which is investigating phone and the board playing fast and loose with them.But abuse in law school organizations) would be there will be a referendum, and when it happens the complete. It felt that such a report would be students will have the power to say they are not necessary for the students to cast an informed vote going to put up with this runaround any longer If on whether or not to recall. you haven't read the March 16 Opinion, read it. First of all, the phone abuse is not the only (There are copies in the Opinion office). And think reason why people signed the petition, and it is about how your money is being spent and how your presumptuous of the SBA to conclude that the representatives are representing you. students need the results of an investigation to Paul Suozzi decide whether or not to vote for recall. To the _ •. Phil Mclntyre and Larry Cohen, representing the International Law Society, were runners-up in the Jessup Moot Court Competition held in Syracuse. Guest Opinion by Dwight Wells In the March 26 New York Times, a story appeared under the following headline: "10 Firms to Train Students as Trial Lawyers to Improve Advocacy." The article reported on a program which will see 30 third-year law students from various New York City area law schools serve as interns with law firms. The stated goal is to better prepare lawyers for work in the courtroom. The program seems to be in response to recent criticisms by Warren Burger. Chief Justice Burger was quoted as saying that, society has been more careful about examining the qualifications of electricians and plumbers than those of lawyers who try cases in court. But how can this be true? After all, our law schools are bursting at the seams. Applicants outnumber available seats by 8-1. Each person graduating from law school must pass a bar exam before beginning practice. Certainly one would think that after our careful selection prior to admission, three years of study and admission to the bar, that lawyers would at least be qualified to try cases in court as a plumber is to replace the kitchen faucet. And yet the Chief Justice says no. An inescapable conclusion to be drawn from the article is the failure of law schools to provide even a minimal level of training in the area of trial advocacy. It is expected that as the program expands every law firm will be expected to play a role in it. But what of therole of law schools? Why can't law schools adjust their curriculum to recognize the importance of trial work? For instance, at U.8., trial technique is viewed as the easiest four credit course in the school. The six months, Wade Newhouse has managed to carve consistency of instruction varies from good to very bad. out an appropriate niche for the Law Library within level and Why has it taken until the mid and late 1970's for such a program the University library system. He has succeeded to begin? Are law schools actively pursuing an increase in experiential where others have experienced, frustration. opportunities or are they waiting for the courts to force His success has been due in large part to his keen educational change? the At U.B. many of the clinic type projects are student ability as a lawyer to focus upon substance rather and receive lukewarm if any support from the faculty and than form, and a high native talent for, and much initiated experience, in, organization and administration. administration. remaining questions are addressed to the administration of Unfortunately, the writers of the editorial placed the The U.B. Law School. Why is the criminal justice program all but form above substance. They thought only of paper disappeared from the campus? What will this law school do to begin qualifications, rather than experience, competence, training its graduates for courtroom work? How can U.B. Law School judgment and the task beforejjs in the Law Library. surviveand improve within a framework of fiscal restraint? We are grateful that this few school has had the The U.B. Law School is at a crisis point. The exodus of faculty good fortune to have in its midst a person so continues unabated, and the financial picture for the State University uniquely and exceptionally well-qualified as Wade system is gloomy at best. There are two possible reactions to the Newhouse who would volunteer to accept the problems facing the school. One is to retreat to a safe position by burden of dealing with the critical management offering typical law school education. This should insure that the problems facing the Law Library. It is unfortunate legislature will continue to fund the school at or close to its current that some of our students have, demeaned his level and that most of its graduating lawyers will not be qualified to qualifications, perhaps unintentionally, in what, for try cases in court. us, is a masterpiece of poor editorial judgment. The second reaction would see the administration, faculty and student body use the problems facing the school as catalysts for Thomas E. Headrick, Dean change. New programs and approaches can be accomplished without William R. Greiner, Professor ofLaw budget increases if there is widespread support for those ideas. Jacob D. Hyman, Professor ofLaw Recruitment of new faculty and students could be enhanced if U.B. Milton Kaplan, Professbr ofLaw Law School developed a reputation as a leader in utilizing new approaches to legal education. The time to begin is now! was made only after the law school failed to attract any top librarians for the job [see Opinion, March 2, Newhouse appointment defended To the Editors: We were astounded by your March 2, 1978 editorial with respect to Wade Newhouse's appointment as .Law Librarian. The lack of understanding reflected in the editorial was most troublesome. For the job that now faces theLaw Librarian at this University, Wade Newhouse is the best person in the nation. His appointment does not reflect administrative expedience. Rather, we are delighted that he would be willing to\step forward and devote his substantial talents td\the complex and enormously demanding task of managing a law library and building a sensible administrative modus vivendi within our intricate University library system. On this latter crucial task, most, if not all, law librarians in this country would be doomed to fail. We can point to a number of very capable previous law librarians at Buffalo, people who have gone on to head the law libraries at prestigious Not one of them public and private would be as effective as Wade Newhouse at the present time. Two of them, in fact, left here partly because of the frustration they experienced in trying to cope with the SUNY system. In the short space of Ed. Note: We regret that our editorial was misread as a criticism of Prof. Newhouse's capabilities. We have never maintained, that Newhouse was not proper for the job because he lacked the "paper qualifications." We have, in fact, praised Newhouse for his self-sacrifices in taking on the library duties. This appointment troubles us for reasons outside of the qualifications of Prof. Newhouse. First of all, this appointment certainly will not help and may even harm thereputation of the law school, which has already hada few setbacks in recent years. The Dean himself expressed this concern [see Opinion, March 2, 1978; vol. 18, no. 8, p. 6/. While Newhouse may have the situation well in hand here, those outside the school may not be convinced of this. It is important now for thelaw school to attract new and prominent personnel to avoid any further erosion of its status. This clearly must be a concern of the Dean's, since he indicated that the Newhouse appointment _ P. II- If Newhouse is not going to be a permanent fixture on the library staff, appointing him for a few years will only make it harder for Newhouse to leave, and more difficult for a new librarian to become established and successful within the SUNY system. We need Newhouse as a full-time professor, and it is not clear for how long he will be able to ride two horses successfully. While we will sincerely applaud any gains that Newhouse may make as head of the law library, we feel that his energies are needed elsewhere in the'law school, and that the law school would be better off scouting for a new librarian now. Surely any new appointee could have the benefit of Newhouse's expertise, while Newhouse could focus his considerable energies on full-time teaching. The Buffalo Model Dear Editorperson: Having completed my training on the playing-fields (battle-fields?) of O'Brian Hal), and desirous of leaving something of permanent valueto the School, I herewith present to the faculty THE PARADIGM for Law School Examinations: RULES OF LAW: 1. If a then X 2. If b then not-X . FACTS: l.aandb QUESTIONS: 1. What result? 2. Explain your answer. Fred J. Gross April 14.1978 Opinion 3 �Book Review.. Carrington: Civil Procedure Made Easy substantial body of procedure and planning aspects of law, but without initial resort to a complicated technical rule-oriented approach. Instead, based upon a thoughtful Paul D. Carrington (Professor of Law, University of survey of jurisprudential concepts of what the law is to of Law, (Professor Barbara Allen Babcock accomplish, who does it, etc., this book builds familiarity Michigan) and Stanford University and United States Assistant Attorney with relevant aspects of civil procedure by interesting General) have rewritten their first edition of Civil hypotheticals. For example, consider this hypothetical: Procedure: Cases and Comments on the Process of "You are a lawyer consulted by Painter, who desires York landmark case ofSeider v. Roth (which is, of course, Adjudication. This new second edition released by Little, litigate a grievance against Houseman. Houseman agreed to non forum conveniens affected by Shaffer). Removal and Brown and Company (Boston) in November of 1977 is a $3,000 to paint [his house. While working,] to Painter pay discussed. are also 1275 pages of scope text the out, somewhat drunk. He accused Painter within came comprehensive Finally, Chapters 8 and 9 deal with finality of Houseman sexual relations with Mrs. Houseman, pushed including nine chapters. having of judgments and complex litigation. The authors assay to The Table of Contents and the accompanying text ladder while Painter was on the top rung, cover the vagaries of class actions in a scant seventy pages. over Painter's other book from this immediately distinguishes intention to withhold payment for the work and his stated is not mentioned, except introductory sources on civil procedure. Chapter 1, "The Somehow, res judicata performed." The authors then raise problems of attachment, with a view to demonstrating that collectibility, nor merely entitlement to damages, is highly relevant to a decision to sue.'(pp. 21 et. seq.). textbook Civil authored a on "... Babcock and Carrington have Thus, the book is promising in that it is far from dull Procedure that is significantly different." and boring, as introductory texts often are. Commendably it introduces the very relevant topic of professional to draft a unified analysis attempts] ". Tribe's work responsibility early in a legal education (it is often law." of constitutional relegated to an optional one-credit course for graduating students, almost as an afterthought). Throughout, the emphasis is practical, with a view towards serving clients, rather than memorizing technical details. Fortunately, the (see page Right to be Heard," approaches the problem of getting parenthetically with discussion of class actions have avoided the dread disease of Guntherizing authors failure to discuss the started in procedural law by use of a group of real (if 1241). Similarly puzzling is the for Gerald Gunther [see, e.g. Gunthers, 9th Ed, (named hypothecated) problems. Sample problems include seemingly significant concepts of bar and merger. Law], a Stanford colleague of Babcock's), a Constitutional a authored Clearly, Babcock and Carrington have obstacles to attachment, automobile financers' self-help to malady whose symptoms include countless questions with recover security for a defaulted loan, as well as a touchy textbook on civil procedure that is significantly different more rhetoric than substance, and more footnotes than a title, first amendment scenario in which injunctive relief is from other books already published. Indeed, their textbook is so readable that this of hornbook. Indeed, this on the Process Cases and Comments " sought. selection of the book for characteristic alone commends mere What? Where is the prolix and verbose technical jargon Adjudication," suggests that much more than introductory Civil Procedure courses. of jurisdiction, "presence," and all the accoutrements of technical procedure is involved in this significant work. There are, however, some shortcomings. In theireffort Certainly, this book keeps in mind the audience that it Pennoyer v. Neffand its progeny? How could anyone start to highlight pragmatic tools, Carrington and Babcock have whom, many students, of the for. First semester law is targeted a procedure text without first defining and ordering given short -shrift to a few substantial principles of jurisdiction, venue and other forum-related have little background for procedural technicalities (but substantive/procedural aspects that would benefit highly contract law or might grasp who have some for general concepts? Obviously, Carrington and Babcock have certainly from a more in-depth treatment concerning the underlying rewritten the book on Civil Procedure, with no attempt to criminal law, perhaps from personal experience), immediately into the theory, inducting historical development. The Erie not immersed appreciate being mimic such well-recognized authorities as Cound, do /Very and the doctrine coverage is particularly cursory. Although the Friedenthal and Miller (a competing text published by- prolix and puzzling purview of Pennoyer v. authors have included the classic post-Erie cases '(e.g., accompanies often amorphous jurisdictional miasma that West Publishing Company). Guaranty Trust Co. v. York, Hanna v. Plumer), the The second chapter also marks a radical change from the beginning of Civil Procedure texts. That point- comments and questions in this "area lack the depth of precisely significant accomplishment to what is the most the standard ambit of introductory civil procedure works. continued on page five Entitled "Decision Makers," it deals with a number of of this text: it familiarizes beginning law students with a topics, including judicial misconduct. For example, Carrington and Babcock have included excerpts from a California case reprimanding a judge for absolutely unconscionable court conduct (Geiler v. Commission on Judicial Qualifications, 10 Cal.3d 270, 515 P.2d 1 (1973) long footnote about the "act of state doctrine. He has a (text here, at pp. 136-138). Normally, one sees little particularly well-thought-out and organized discussion of by Bike Muskox mention of judicial discipline until an Ethics course. standing, covering in penetrating detail the most relevant From the outset, the authors have organized this text Professor Lawrence Tribe of Harvard University has cases. around hypothetical problems, with emphasis on reasoning Chapter 4, "Federal Executive Power" is a sweeping through the problems with a view towards structuring written a comprehensive text on Constitutional Law. tactically effective options for a client. Thus, a Entitled American Constitutional Law, this one volume discussion of the limits of presidential power and privilege. hypothetical involving an automobile dealer facing treatise by Foundation Press was published early in 1978. United States v. Nixon, 418 U.S. 683 (1974) receives extended treatment. Tribe reasons that the Nixon case non-renewal of his franchise involves consideration of the It contains 1204 pages spanning 18 chapters. The scope of Tribe's work here is breathtaking, "suggests that, while presidential conversations are Automobile Dealers' Day in Court Act, 15 U.S.C. SSI 221 et. seq. The hypo by the authors involves the question of attempting as it does to draft a "unified analysis of presumptively privileged, the presumption will always be whether or not jury trial is available to the client, and if so constitutional (except for criminal procedure) law/ overcome by a showing that the information is relevant to Preface, p. iii. He expressly disclaimed the intent of a pending criminal trial in federal court... But in fact the whether or not it is desirable. The balance of chapter two gives extensive treatment authoring "another extended outline [or| a largely [court's] opinion may not so completely enervate the of the functions and problems of the jury system. noncritical summary of leading cases 'and black-letter privilege. First, it is possible that, in indicating that the trial judge should demand a showing that the materials are Significant mention is also made of important (if often rules." Id. To encompass the wide range of constitutional law, "essential to the justice of the [pending criminal] case," ignored) topics including the use of special masters (see F.R.Civ.P. 53) and arbitration. Tribe has developed seven "models" of constitutional the Court was suggesting that a rather stringent test be Chapter 3, "The Quest for Principles of Decision," analysis, which are not entirely mutually exclusive. The applied." pp. 208-209. Throughout the work, Tribe avoids merely restating or gives a survey of the actual process of civil litigation, with models include (1) separated and divided powers; (2) reference to the Federal Rules of Civil Procedure. The first implied limitations on government; (3). settled summarizing what the Court has done with Constitutional portion of this chapter proceeds largely by summary expectations; (4) governmental regularity; (5) preferred Law. He is always the commentator, evaluating and distilling out of the decisions some meaningful comment. description, with use of case contrasts largely reserved for rights; (6) equal protection; (7) structural justice. Substantially one-third of the text is a lengthy Thus, in reviewing National League of Cities v. Usery, 426 the second portion of the chapter dealing with appellate treatment of Tribe's first "model," involving problems of U.S. 833 (1976) (voiding federal Fair Labor Standards Act review. Carrington and Babcock return to consideration of the allocation and interrelationships of governmental as it attempted to federalize minimum wage and maximum ethical issues in Chapter 4, "The Quest for Truth: Proof of powers. Starting with the classic case of Marbury v. hours regulations to state and local government Facts." There, the professional obligations imposed by the Madison and weaving Marbury's aftermath into a critical employees), he says: "Although the decision in National League ofCities A.B.A. Code of Professional Responsibility form the synthesis of intra-governmental relations, Tribe gives backdrop to a discussion of the process of eliciting "truth" considerable thought to the questions of judicial review. startled some, its rhetoric of state sovereignty and local at trial. Capsule consideration of some of the problems of He declares that "... many of the most prominent, and autonomy might well seem a natural extension of the evidence law is added. Substantial detail on the limits of most skillful, constitutional theorists treated the question concern for the rights of states But to say that discoverable information under Rule 26 is also provided. of the legitimacy of judicial review as itself the central National League of Cities struck responsive chords in Chapter 5, "Efficiency," deals with, among others, problem of constitutional law. The conclusions about history and doctrine is not to say that the reasoning such topics as pleading and summary judgment. constitutional law which these scholars drew from their underlying the decision is easily understood or the result Halfway through the text, beginning with Chapter 6 analyses of the propriety of'judicial review shaped their readily accepted." p. 309. ("The Division of Business Between State and Federal often critical responses to the decisions of the Warren Chapter 6 is a rather thorough survey of the define the core of much of commerce clause and the cases dealing with it. All the Courts"), the authors return to the more traditional civil Court. These decisions classic cases from Cooky v. BoardofPort Wardens, Bibb v. procedure issues involving the interplay between a federal contemporary constitutional doctrine." p. 47. Tribe proceeds in a more or less orderly fashion to Navajo Freight Lines, Southern Pacific v. Arizona, etc., are judicial structure and state institutions. This chapter includes a rather' abbreviated consideration of the discuss such threshold questions as mootness, justiciability, included. ripeness, although he does get sidetracked on a three-page continued on pagefive implications of the Erie doctrine. ' Chapter 7, "Territorial Boundaries as Limits on judicial Power," covers traditional jurisdictional theories from Pennoyer v. Neff, International Shoe Co. v. Washington and some later developments. Unfortunately, this book went to press too soon to include mention of the recent Supreme Court decision on jurisdiction, Shaffer v. Heitner. Neither is any mention made of the older New by Mike Buskus .. ... ... ... ... — Tribe's Work: Breathtaking Analysis ... - 4 Opinion April 14,1978 �First, the Good News Now, the Bitch Tickets by Karen Spencer and Kathy Carrick April Fool's is long gone so this is no fooling around. Good things are happening in the Library and we thought we would share them with you. We have extended Reference Hours until 9 p.m. Monday through Thursday. If you need us, we'll be there! The Library now has a full time clerk, Bette Waif, handling Interlibrary Loan requests. Law students and faculty should direct theirrequests to her at the Circulation/Reserve Desk. The Library acquisitions budget received a boost of 37,000 which in a one-time lump sum extra dollars last fiscal year primarily was spent on large items in microform. The holdings of U.S. Supreme Court Records and Briefs were substantially improved. On order are Legislative Histories for the 93rd Congress, the Federal Register from 1936 to 1977, and the New York Bill Jackets from 1921 . - — Ticket No. 38-3/31/78 COMPLAINT: The chairs at the 3rd floor tables are in a most precarious condition. My guessis that most will collapse by May 15. Why can't they be fixed? RESPONSE: You're right about some of the chairs being in bad shape. There's a constant repair process with the worst chairs being pulled. Most of the remaining chairs are weak, but if we pulled them all at once we'd have a chair shortage. If you look at the chairs closely, you'll realize the legs and backs become loose from people tilting themback. We ask your consideration in using the chairs, helping them last longer. » system, this is the only way to inform people that the library will be closing shortly. I'm sure the person who flashed the lights inadvertently forgot to turn them back on. • Ticket No. 40-3/22/78 COMPLAINT: There is a table in the rear of the second floor whose lights have been inoperative for about a week. Space is tight enough back there without reducing study spots. Will it be fixed soon or do we have to waft for the supplemental budget? RESPONSE: The maintenance department has been notified. Please don't hesitate to bring burned out lights, broken chairs, etc. to the attention of the staff. And you really don't need to do it via a Bitch Ticket No. 39-3/21/78 to 1974. The Bill Jackets are primary source material for New York COMPLAINT: Last night, 20 minutes prior to the Ticket, just tell us and we will try to fix it. Legislative History and are presently only available from the State posted library closing (at about 9:40) the lights were turned off on the fourth floor and I almost killed Ticket No. 41 3/26/78 Library in Albany. ' Several hundred new books selected by the law and library faculty myself getting down. It's bad enough that the paid COMPLAINT: No. 439 has a light that does not help is so damn anxious to close the place that they work but does overheat. We don't want the place to have also been ordered and are arriving daily. started flashing the lights at 9:20, but when they burn down, do we? Maintenance has been This year's acquisitions budget, although not yet final, looks start endangering people's safety in their haste to RESPONSE: Thank you going too notified. few it's minutes, themselves a extra that occurred a few save slump years ago we are over the promising. We feel and look forward to improving the collection. We are always open to far.' RESPONSE: Sorry about shutting off the lights. The Ticket No. 42-4/3/78 suggestions request forms are available at the Reference Desk. closing to COMPLAINT: I think that y all are doing a fine job. There is good news in the area of staffing, also. We have begun lights are blinked about 20 minutes before library is Best regards, A law student. make sure is aware that the everyone Services whom of Public recruitment for an Assistant Librarian/Head closing. Since the library does not have a paging RESPONSE: More! More! P.S. Thank you. we hope to have on board sometime this summer. This person should give a boost to the reference staff and administrative support to Newhouse. The Library staff would like to commend Wade Newhouse for the tremendous support and leadership he has shown over the last year. Without his administrative talents, the Library would still be in Was Swift v. Tyson, the case and that it had been misspelled school of legal research which was rather dire straits. In response to the Opinion's recent editorial on the that has been the bane of law somewhere during the appellate characterized by Kennedy as Newhouse subject of Law Librarian we are in complete disagreement. "patrician." He pointed out that students for the past 80 years, process. has donean outstanding job even sans M.L.S.! diere were alternative ways of on lecture centered insignificantthat and at the Gordon's I ignored week we received word Orily last LEXIS is on the horizon! looking at Swift, and added that explain theories to I the Director of Libraries has approved bur plans to obtain this time it was decided? This was the modern Gordon's method of history which opinion Swift, in Story's of former UB law Center, Data Inc. Law contention Ifreezes us into computerized on-line legal database from Mead believing that what declared to be the 1 will be able, to perform searches after a professor Robert Gordon when he Frankfurter students and faculty session. we do and what we have done are Supreme spoke only by arrival a March 17th decision the symposium set for its but at No date has been preliminary instruction sponsored by Al Katz and his Court, unconstitutional at the the products of complex decisions "it may be available late this summer. and that we will always be the a nationwide Federal time it was decided. hosting be Jurisdiction class. In June, the Library faculty will way we are. belonged session The afternoon institute on teaching legal research. Buffalo was chosen as the site by >'• •Kennedy frit this to be upper noted Law Professor and "unique legal Gordon, a to Harvard Libraries because of its the American Association of Law historian, now at Wisconsin, historian Duncan Kennedy. class justification for their actions. for multi-media instruction." facilities-"and University initiated discussion at Kennedy warned the crowd that He painted an alternative model The The. _aga'of Jhe copy machines continues. approximately 10 a.m. with a two he would not be disputing for viewing Swift. A model which Libraries as a whole are reviewing the problem of copy machines. It is hour talk. He emphasized that the Gordon's contention as to Swift's would free us from our past; to summer, the UGL move this expected that when Lockwood and passed almost unnoticed, and insignificance, and that he had show us differences and that we libraries will be equipped with new machines. To date the machines in case that in fact chief merchant barely read Swift Indeed, he don't have to be the way we are separate the Law Library have been under a contractual arrangement magazines paid no attention to pointed to the irony of Gordon now. from the remainder of the University Libraries. That arrangement and is the decision and didn't even calling the case insignificant when Library machines the Law in a possible increase in the quantity of A videotape of the entire affair report The it. Gordon has read virtually every University. the with officials in appropriate discussed now being Swift. is on file in the library. Those remotely note was revealed related to piece humorous $.05 A retaining of the outcome is uncertain and we cannot be sure curiosity is sufficiently thrust whose underscored Swift main v. Instead, Kennedy's charge per copy. Professor Newhouse has received suggestions from the which not whetted to take a look should be Tyson's relative concerned insignificance, at Gordon said, we the saga S.B.A. and they are being seriously considered. As case forewarned that the tape runs pointed analysis out that of the when Gordon Gordon's continues. Please bear with us. Gordon's four hours. Tysen was but rather about Tyson's really name specifically, If you have a complaint, remember the BITCH TICKETS!! - — - — - . - Swift v. Tyson Symposium - s < - - ' - Constitutional Law Text Termed Outstanding - continuedfrom page four "Model II" deals exhaustively with ail the precedents to and aftermath of Liberty of Contract and Lochner. "Model III" details the older impairment ofcontract, ex post facto cases. "Model IV" involves much of the same constitutional provisions as "Model III," but from a more modern due Easy Civil Pro page four - continued from this topic seems to demand. analysis that Finally, a word about the possible use for this text. As indicated above, the treatment of finality of judgments, including res judicata, is so sketchy and limited that this text simply would not be suitable for an advanced course in Civil Procedure. The basic treatment of the Federal Rules is certainly adequate and competent, if brief in spots. Surprisingly lacking, however, is much reference to law review commentary on particularly troubling issues. On balance, Carrington and Babcock 's CivilProcedure is a valuable addition to the procedural literature. Certainly, any shortcomings that it has in terms of depth could be remedied by supplementary material provided by a thorough professor. Most commendably, though, this text is praiseworthy for its lucid style and emphasis on practical considerations. First year students might actually read the text instead of Gilberts 1 . process aspect. A complete history of the due process hearing cases is provided. The recent 1976 case ofPaul v. Davis is given appropriate mention. Tribe concludes that the Burger Court "feared that allowing Davis's suit for relief under §1983 'would seem almost necessarily to result in every legally cognizable injury which may have been inflicted by a state official acting under 'color of law' establishing a violation of the Fourteenth Amendment Thus the decision may be seen as evidence of a reluctance to federalize tort law in suits against government action." p. 531. He adds that Davis and "Ingraham v. Wright suggest that the Court is prepared to accept the view that post-deprivation tort remedies under state law ordinarily If this trend protect even "core" liberty interests should continue in a time of ever-increasing individual dealings with government, the promise of a prominent role for due process doctrine in the definitionof government's relationship with individuals a promise raised by the due process cases of the early 1970's will be broken." p. 559. Subsequent chapters deal in comparable detail with the full panoply of first amendment issues and related privacy and personal rights. The extensive coverage of equal protection analysis is so complete as to defy easy summary. ' ... - - Tribe's coverage of the Court is very up to date. It includes appropriate mention of some very significant cases from the 1977 Supreme Court term: e.g., Nyquist v. Mauclet, 97 S. Ct. 2120 (voiding New York's financial aid bar to non-citizens); Shaffer v. Heitner, 97 S. Ct 2569 (applying InternationalShoe jurisdiction measure to quasi in rem and in rem cases). Tribe's treatise commends itself highly to anyone who seeks a meaningful synthesis of Constitutional Law. It is not simply another compilation of what courts have said about certain issues; rather, it discusses why things have gone as they have. At times he suggests where the courts should go. American Constitutional Law is destined to become a classic. It deserves a place on the shelf of every lawyer along with Black's Law Dictionary and Prosser on Torts. Final Issue! k OPINION DEADLINE WEDNESDAY, APRIL 19th Submit All Copy to Room 623 April 14.1978 Opinion 5 �The Law Revue photos by Barry Boyer The Tortfeasoi Broken Heart" crying Res Ips; Faculty-Student Chorus Cheryl Block entertained with "Wedding Bell Blues" and "God Bless the Child" (Bob Kaiser's left arm and trombone center) — "Another Openin', Another Show Reflections on the Q: Greiner's Grading Memos TO: Faculty and S.B.A. Officers and Directors FROM: W.R. Greiner Our Grading System RE: demoralizing (at best). Ten to fifteen percent of each class/course is told, "Your exam was non-descript (Q)"; and a few are consigned to purgatory (D/F). Says she, further, many (most?) of our students come here with more or less ambiguous feelings about themselves and this place after all, what is a SUNY/Buffalo to most applicants and to the larger world outside Western New York? and we do a good deal to reinforce their ambiguous feelings about self, when we assign non-descript grades to most of them in their first year asks courses. ("Who the hell am I student X? I couldn't get in Harvard, Yale, Michigan wherever and I am just a 'Q' at SUNYAB!") Says she, finally, since the chances are slim and none that we will soon change our system of evaluating students through examinations, why not at least make the evaluations more up-beat and encouraging to those who work hard, but don't cross the pale into H land. Says I, let's have it both ways through an up-beat system that allows for some more discrete evaluations, using terminology valued by the rest of the world. In place of my earlier, and very conservative, recommendation (Q+, Q, Q-), I offer a complete (well almost) substitution. Let our grading system be: A (substantially above average, excellent, or some other suitably Two fairly self-explanatory memoranda regarding the grading system are attached. The most recent of the two (dated 2/23/78)'presents what think is a sensible compromise between our current system and other alternatives. If suffitfierft of you feel, as I do, that the present system particularly the Q grade requires some amendment, and if you think the alternative proposed in my February 23 memorandum is at least worthy of serious consideration by the faculty, please sign below and return thismemorandum to me. If there is significant showing of support for this reform, we might actually get the Academic Policy and Program Committee (APPC) to move this proposal towards early adoption, so that we might even be able to put a new system in place at least for the dass entering in September, 1978. I, for one, do not wish to inflict the present system on any more students than those matriculated to date. I feel strongly about this, and will elaborate on the origins of my views for any who wish to talk with me about this irritating subject. I know that none of you particularly want to get into a hassle over grading, but I think that the ostrich solution to this problem is no descriptive words) longer acceptable behavior on our part. B+ (very good, etc.) The undersigned urges the APPC to report B (good, etc.) the grading proposal in the February 23, B- (satisfactory, etc.) P (passing, but not entirely 1978 memorandum from W.R. Greiner to the faculty at i ts next regular meeting so satisfactory, etc.) that the proposal can be considered by the F (not worthy of academic credit, etc.) faculty. We would, by this device, move our Academic Policy and Program grading system on to a par with other TO: Committee graduate programs and some other law FROM: W.R. Greiner schools (e.g., Berkeley, N.Y.U.); take some More on the GradingSystem of the onus off our students who must RE: explain the Q to the outside world; take My most recent trauma/experience some of the onus off administration (like Le., håving to 8.8., T.H., CW., and 8.G.) who have to with our grading system gråde Fall Semester exams moves me to explain the Q to anyone and everyone; and write again on this subject My complaint is last, and most important, we would make a the ubiquitous and statement to the seventy to eighty percent, basically the same near meaningless Q see my earlier memo i.e., "You're good and we think you're but the intensity of my good, and we want you to take pride in (11/15/77) a bit. up Beyond that, one ofmy your work, and not be discouraged by the is feeling student colleagues justbutton-holed me on well intentioned but powerfully negative this subject and offered a suggestion which, symbolism of the Q!" Now how about it? Do I have to go to I think, smacks of both genius and solid tommun sense. the rules committee to crack this one? Says she, our current grading system Enough already? Hold a plebiscite; do what makes a statcment to students which is must be done; but do something! — I - - - - — — - 6 — - Opinion April 14.1978 - for us to consider a modest reform. I suggest that we revise the grading system by subdividing the Q grade as follows: Q+ for performances below Honors but above the normal range of qualified Academic Policy and Program Committee FROM: W.R. Greiner The Grading System RE: TO: — ' The present grading system has been in effect, with one or two modifications, since 1969. It has served us reasonably well, but there is one nagging issue, present from the beginning, which will not down, i.e., the scope and meaning of the Q grade. Our practice since 1969 has been to award the grade Q for about 70% of all the grades recorded. This percentage of Q grades has remained remarkably constant since 1969. The 1969 grading change was intended to eliminate grade distinctions in the broad range of student performances between the barely adequate and the somewhat above average. On balance, this system has been a great improvement over our former practices (i.e., discrete number grades between 85 and 65; discrete numerical ranking of students on the basis of the g.p.a.). However, the new system has cost us and our students some benefits. Th£ following short list reflects my view of these costs, but I think these views are fairly widely shared. 1. For some 70% of the performances in classes we have lost the capacity to give direct feedback, positive reinforcement and sanctions/warnings through a grading performances — — for performance within the Q normal range of qualified performances for performance below the Qnormal range of qualified performances All other grades would remain the same. I would expect the following distribution of grades on the average under thismodification. H- 15 to 20% (as is now the case) Q+- 15 to 20% — — Q-40 to 50% Q--10 to 15% D & F - about 10% (as is now the case) I think this system would tend to alleviate the various qualms and concerns about our present system, without eliminating its positive attributes. Perhaps the strongest argurant in favor of this reform is that it reflects faculty practice which has grown up in the last several years. The Registrar informs me that most faculty how report their grades using an H, Q+, Q, Q-, D/F system. He is of course barred from so reporting the grades on the students' transcripts. I see no compelling reason not to conform the transcripts with our behavior when there are some potentially significant benefits from system. [Although the faculty is encouraged to making this modest change. Yours for the Good Of the Order. give written evaluations to provide positive feedback and reinforcement, that is done as the exception, not the rule. The system provides no effective mechanism to officially warn students of less than fully adequate performance.] 2. The übiquity of the Q tends to TODAY!! discourage some, perhaps many, students from making a maximum effort during A Conference Entitled: their last two years. [Students who earn "LEGAL PERSPECTIVE-: few or no Honors grades in the first year The Changing Relationship Between have a regrettable tendency to be satisfied theStudent and the University with "Q-ing out" over the balance of their will be held bom 9:00 am to 4:00 pm careers.] 3. The paucity of information in Capen Hall. provided by first year grades makes it difficult to validate the results of our Cost: $7.00 Public $5.00 Students admissions program. [The first year is the most standardized year, and should provide For Information, Call 636-2527 the best comparisons to validate admissions.] (See Story on page 11.) 4. There is some small disadvantage to some students in the placement battle. [I do not think this is a major problem, but others view this more seriously than I.] It seems to me that the time has come — �"You Proximately Caused My Vinnie, not shown, was on the floor irt" Ipsa Loquitor. isors doing Ace Sportzcaster Fred Konefsky, w/cap, reads the scores. Ralph J. Stairsteps, center, drinks to scoring, while Mike Shapiro nails down a point. Showstopper Thorne McCarty showed us the faculf could still rock n' roll when he broke into "Heartbreak Hotel." Wide World of Torts by John Simson As another semester comes to a close a columnist is almost compelled by tradition, sentiment, a job or the bar character committee to be somewhat apologetic and banally profound. I hope I can avoid this. However, I would like to apologize to those who have been featured in this column and further hope that they've taken it in the spirit intended: Saktidas Roy, who needless to say was very, very angry; Dean Headrick, who still hasn'fset lift ticket prices; Judge William Rehnquist, who, I'm told, faithfully reads my column (keeping tabs on the lunatic fringe, no doubt). Actually, a year ago in his opinion in U.S. v. Two Apparently Used Bounty Paper Towels, I corrected him when he used the word impleader whenjn fact it should have been "death penalty." Since that time, well, the rest is history. Sp next year as I wander through the basement of the Supreme Court building in downtown Legal land, bringing coffee and donuts to Pot and Wiz' and Har, discussing with them the truly important issues on their minds; whether it's really faster to Falls Church on Rte. 29 or the Memorial maybe I can bring regards Highway from all of you in Buffalo. So if you have a personal message for any of those high justices (how high is the justice?), leave it in the Opinion mailbox within the next week or so, and I'll personally see that it's delivered. , Speaking of my friends on the Court reminds me of one great law school story. During Criminal Procedure last year, the class was discussing entrapment. As we carefully read Warren's words, with more reverence than any bible class, a voice from the back of the class said, "But that's just his Opinion!" The person was so severely ostracized by those religiously involved that *ie decided it wasn't worth continuing. But, in the spirit of the law she persevered and is now a judge in Wisconsin. Now, you are probably thinking how ironic this all is, her becoming a judge and all, but it isn't. You see, after each of her decisions, she never forgets to write, "But that's just my Opinion." I'm glad I am about to finish Wide World of Torts because each week it has been harder and harder to write. It is not that the law or lawyers are any less funny than they were three months ago, it's that I increasingly feel as if I'm one of them. So before total identification occurs and the transmogrification is complete, a few last words. ... Son of Curran's Corner One of the many interesting offers I weighed for next year, was ghostwriting Bob Curran's Corner in the Buffalo Evening News. To be called "Son of Curran's Corner" the column would have appeared in an attempt to give Buffalo a little balance in what it hears about Jane Fonda. Find me interested to find out that the Federal Food and Drug Administration has proven that there is a major difference between lawyers and yogurt. The report concluded that yogurt was cultured. The recent ruling of the Supreme Court that judges can sterilize their own children without due process reminds me of an incident that took place down at Tom Murphy's Bar and Grill in Lackawanna. I was wearing my Mickey Mouse Watch when I ran into an old friend who was a burnt out flower child wearing one of those India cotton prints. He had spent some time embroidering the shirt, both front and back; the most striking being Mickey himself and Donald Duck covering each front pocket. When I mentioned that my watch went real well with his shirt, he replied, expressing totally the logic behind the Opinion in the aforementioned (previously) case, "The shirt's much too small for you, so why don't you give me your watch." Say a Prayer for our Guys Underground. Rate your friend a Legal Beagle, Mary Kay Kane class, if he or she can tell you how many commas appeared in Field's Opinion in Pennoyer v. Neff. Discover me quite surprised, though pleased, when I was once again requested to deliver the Eulogy at Graduation. As I must be out of town due to a prior commitment, I will print the text of the speech I had prepared. "Fellow Classmates, Proud Parents, Embarrassed Brothers and Sisters, Guilty Faculty and Administration, Relevant Others. Good Afternoon. We no longer meet at Kleinhans as so many classes before us, but here at Artp-tk. Here in the glory of the Niagara Frontier, a new garden in American history. It is symbolic of our Law School's, complete disintegration of ties with the City of Buffalo. It is symbolic of our future. Not as lawyers of the Dying Urban Centers, but as lawyers of the Suburbs. Lawyers of a new garden; lawyers of a new Paradise. New Garden Variety Lawyers. We are men and women with great goals and purposes. We should be committed. We should not just go forth into the legal world to go through the — — motions; we must desecrate ourselves, purposely in the pursuit of money. Thank you." RECENT DEVELOPMENTS — During Rev. Schuller's Mass Torts Drive-ln-Services, 319 people became ill after eating the wafers. It was found that the wafers were mouldy. Actionable? Yes, said the California Supreme Court. Legal Spokespersons for Schuller's "Our Lady of Perpetual 12-b-6 Motions" said the Church will appeal to a higher court. Plaintiff's lawyer, when asked to comment on the planned appeal, retorted, "It was His failure to answer 36 Interrogatories that initially led to the result. We feel He should be barred." Color Me Surprised When Fisher Price Toy Co. announced it would for the first time ever market a toy for tots based on the legal profession. The toy, known as "The Lawyer's Briefcase," is for children aged 2-13. As a matter of fact, the toy is being hailed as one of the greatest achievements in programmed learning to date. At age two, the child draws a complaint. His playmate and next-door neighbor, equipped with the corresponding briefcase, files an answer. For the next two years, they play with other boys. Then, at age four, they take depositions on their Special Yellow Rubber Legal Pads. After six years of Depositions, these ten year olds have a pre-trial meeting with a judge. Instructions are included for the judge (Preferably played by a parent who is sleeping, or in an irritable mood). Neither side is willing to settle, though they do stipulate that the lawsuit will be finished in three years, as this is much too childish to continue beyond puberty. The lawyers then return to their offices and shuffle papers for two years. (These White Rubber Papers are provided in the Briefcase). Then at age 12, lawyer for the Plaintiff strikes a telling blow. He files for dismissal for failure to prosecute. Remembering that he is Plaintiff, he withdraws the motion just in the nick of time. However, lawyer for the defense is no slouch and she files a motion for failure to prosecute. The judge reserves his decision on this motion for one year. In the interim, lawyer for the defense goes to sleep-away camp and'discovers 13 year old boys. Lawyer for the plaintiff joins the Boy Scouts and learns about nature and wild herbs (cowflop, cowflop!). Both are now tender young adolescents at 13, equipped with knowledge that it takes others three years in law schools to obtain. The ABA was astounded by the new toy. "It's so realistic. We don'tknow how they did it," said one spokesperson. Local members of the bar were also impressed. Said one, a part-time professor and prominent defense attorney, "The briefcase is made of real leather! I think it might be Corinthian leather!" Hang Ten! Topic: Method Acting & the U.C.C. Guest Lecturer: Anthony Waters, Esq. Monday, April 17, 1984 April 14,1978 Room Opinion 112 7 �Culinary Counsel.. by Paul Suozzi . "Bread (bred) n. 1. an article of food made with moistened flour or meal, commonly leavened with ." yeast, kneaded and baked That is how the definition of bread appears in Funk <& Wagnalls Standard College Dictionary. It is not an inaccurate description, and it brings to mind something soft and white that helps build strong bodies twelve ways. For that reason it is wholly inadequate, because bread is not just something wrapped in plastic that you buy in a supermarket. It can also be the product of a most enjoyable, creative and rewarding experience — baking your own. Those who have engaged in this activity understand the satisfaction one gets from the baking process (not to mention the delightful taste of warm bread fresh from the oven). For those who have yet to experience this, now is your chance. The following recipes are more than sufficient to get you initiated into the wonderful world of baking. . Bread: Rising To The Occasion which is as long as the bread pan. Roll as tightly as possible without stretching or tearing the dough. Tuck in any loose edges and place in a greased loaf pan. Cover with a damp cloth and let rise for 20 minutes. Bake at 350 'degrees for 50-60 minutes. Author's Note: I would like to thank everyone who submitted recipes for thisarticle. I will be devoting future columns to areas like desserts, so I would appreciate receiving any recipes that you would like to share. batter the salt, oil, oatmeal (allow it toward the center, covering the cool first as hot temperatures will kill the yeast) and flour enough to make a soft, non-sticky kneadable dough. Knead on a floured surface for 5 minutes, then cover and let rise for 10 minutes. Knead for another 5 minutes. Place the dough in an oiled bowl and let rise for 50 minutes. Then punch down the dough and let rise for 40 minutes. Punch down again; then cutand shape into 6 rounded loaves. Let this rest for 10 minutes, then gently tuck the loaves into well-oiled pans. IRISH SODA BREAD Let the loaves rise for 30 minutes submitted by Barbara Kelly under cover. When the loaves rise slightly higher than the pan tops, This recipe is easy to make since bake at 350 degrees for 45-60 there is no kneading involved. It has minutes. Turn out and cool on wire a sweet cake-like texture and is great racks. with butter and jam. It is advisable to make a few loaves at a time since CINNAMON BREAD -"-j it freezes beautifully. For each loaf submitted by Clark Trow you will need: 3Vi cups flour. This recipe makes two leaves. "■ 5T3/4 it) .6-1/4 cups" alt purpose 1 tsp. baking soda * flour 1 tsp. baking powder sugar (1/3 white, 1/3 1 pkg. active dry yeast 2/3 cup '""'■ 2Vi Brown) '" " cups milk '' ""' '' 1/3 cup sugar 1 cup raisins Vi cup shortening 1 tbsp. melted butter 2 tsp, salt 2 eggs (beaten) a buttermilk large mixing bowl, combine 2V. In cups IV2 Mix together the dry ingredients. cups of flour and the yeast. In a Add the raisins, coating well with the saucepan, heat the milk, sugar, dry mixture. In a separate bowl, shortening and salt just until warm combine the eggs, buttermilk and (115-120 degrees), stirring melted butter. Add the liquid constantly till the shortening almost mixture to the dry ingredients and melts. Add this to the dry mixture in mix with a wooden spoon. Pour the the mixing bowl. Beat at low speed mixture into a loaf pan (no need to of an electric mixer for Vi minute, grease the pan!). If desired, pour a scraping the sides of the bowl little honey or melted butter on top. constantly. Then beat for 3 minutes Bake at 350 degrees for 50-60 at high speed. By hand, stir in minutes, until top is light brown. enough of the remaining flour to make a moderately stiff dough. Turn WHOLEWHEAT BREAD the dough out onto a lightly floured surface (preferably a pastry cloth) submitted by Clark Trow and knead until Vnoath and elastic, This recipe makes 6 loaves, some of 8 to 10 minutes. Shape into a ball. which can be frozen until needed. Place the dough in a lightly greased bowl, turning once to grease the 3 tbsp. yeast 6 cups water at 100 degrees surface. Cover with a dish towel and let rise in a warm place (over the 3/4 cup honey pilot light of a gas stove works well, 1/4 cup molasses but watch out for the towel if you 2 cups powdered milk 8 cups + whole wheat flour use the burners!), until double, about IJ_ hours. Punch down the 2 cups rolled oats dough, turn out onto a lightly 4 cups water 3 tbsp. salt floured surface, and divide in half. Roll each half into a 15x7 inch 3/4 cup oil more flour rectangle. Mix Vi cup sugar and 1 Dissolve yeast in water. Add the tbsp. ground cinnamon for each loaf, honey and molasses while the yeast onto the surface. Sprinkle the dissolves. Stir in the powdered milk, cinnamon-sugar evenly over the then the flour with 100 strokes. Let surface, leaving a Vi-1 inch border on this sponge batter rise 1 hour and all but one of the short sides. Roll while waiting, cook the rolled oats in the dough from the non-bordered 4 cups of water. Stir into the sponge edge. Then fold the ends of the roll to '"'"' ' 8 Opinion April 14,1978 The next three'recipes are sweet breads which are great with coffee in the morning, great with lunch and great with coffee after dinner (they are also great alone at anytime). ZUCCHINI BREAD submitted by Pat Pileggi exposed seam. Place the loaves in greased BV/ 2x4V/ 2x2V/2 inch loaf pans The preparation time for this bread with the seam side down. Cover and is about Vi hour, cooking time about let rise in a warm place until double, 1 hour, and yields 2 loaves. 45-60 minutes. Bake at 375 degrees 3 eggs for 35-45 minutes. Remove from the 2 cups sugar pans and allow to cool on wire racks. 2/3 cup oil 2 cups grated zucchini RAISIN BREAD 2 tsp. vanilla submitted by Judi Francis 1 cup nuts (chopped) 2 cups sifted flour This recipe makes one large loaf of Vi tsp. powder bread. 2 tsp. soda 2 tsp. cinnamon 1 cup water pkg.) dry (1 1 tsp. salt tbsp. yeast 1 Beat the eggs until foamy. Gradually 2 tbsp. brown sugar add the sugar. Add the oil and Vi cup dried milk zucchini. Combine the dry 1 egg flour cup whole wheat ingredients and add to the mixture. Vi Add the vanilla and nuts. Pour into 2 1 cup all purpose flour greased and floured pans. Bake at •„ .-■. 350 ■degrees for. 1, haur.;This,.brpad '•... 3 tbsp. melted butter 1 tsp. salt freezes well so make lots of loaves. 2-2Vi cups sifted flour (about BANANA BREAD ! i 1/3 whole wheat and 2/3 white) . - raisins 1/4 cup melted butter cinnamon brown sugar Measure the water into a large bowl. It should be lukewarm, 85-105 degrees, and should feel neither hot nor cold on your wrist. The bowl should not be cold, and can be warmed up by rinsing in hot water before you start. Sprinkle the yeast over the water and stir lightly to dissolve. Add the brown sugar then stir in the dried milk. In a separate bowl, beat the egg lightly then add to the mixture. Add Vh :ups of flour gradually and beat vigorously with a wooden spoon about 100 times, until batter is very smooth. Cover the bowl with a damp cloth and set it in a warm place. Let it rise for 1 hour. After the batter has risen, have the melted butter and salt ready and fold into the batter. Sprinkle some flour onto the batter and fold in. Continue adding flour until the dough comes away from the bottom of the bowl. Turn the dough out onto a floured board, then knead until smooth and elastic. Place the dough into an oiled bowl and let rise in a warm place for 50-60-minutes or until doubled in bulk. Punch down the dough and roll out into a rectangle on a floured board. The width of the rectangle should equal the length of the bread pan (about 10x5x3 inches). Brush with melted butter, then sprinkle with brown sugar and a, little cinnamon. Then sprinkle on as many raisins as you wish. Roll the dough up from the side ,;: anonymous 1-3/4 cups whole wheat flour 2%-tsp. baking powder V. tsp. salt 1/3 cup butter 2/3 cup brown sugar \ 3/4 tsp. grated lemon rind 2 eggs IVi cups mashed ripe bananas Cream the sugar and butter. Add the lemon rind and eggs. Add the mashed bananas, flour, powder and salt. Spread in a greased bread pan and sprinkle brown sugar on top. Bake at 350 degrees for 1 hour. For crunchier bread, substitute Vi cup wheat germ for Vi cup flour. ' CARROT BREA_> submitted by Liz Bowden 3 eggs VA cups vegetable oil 2 cups sugar 3 tsp. vanilla 2 cups finely grated carrots ,1 BVi oz. can crushed pineapple 1 cup chopped nuts (optional) 3 tsp. salt 3 cups flour 1 tsp. soda 2 tsp. cinnamon Mix the eggs, oil and sugar until smooth. Add the carrots, pineapple, nuts and vanilla. Sift the dry ingredients and add. Pour into 2 small loaf pans, greased and floured. Bake at 350 degrees for 1 hour, until it springs at a poke. It is also a good idea to check with a toothpick. The bread is done when a toothpick comes out clean after it has been inserted in the middle. �The Law School That Fell From Grace With The City by Roger Johns you none of them sleep with students," MuHer exclaimed. The State University received a shock DiFafo Law School will stress practical today when DiFafo University, a small application and on the job training DiFafo Jesuitical Buffalo University announced said. He felt a return to the old style of plans for the formation of a new Law training lawyers is in order. School in downtown Buffalo. "Too many of today's law schools Prof. Adolf Hot Dog, president of stress academic training and scorn practical DiFafo University, made the experience," Muller said. "JJjFafo Law announcement. "We feel we can offer a garden variety law school aimed at the average American law student," Hot Dog said. The new law school will offer the State University of New York at Amherst itsfirst Buffalo competition. "The Board ofTrustees felt the former U.B. Law School, now known as The SUNY at Amherst Faculty of Law and Jurisprudence is not only teetering on the brink of mediocrity, but has in fact toppled over the edge and is now a full fledged disaster," The DiFafo president claimed. "We can compete with a disaster," Hot Dog noted. The DiFafo president indicated the new law school would be located on the downtown waterfront between Clement Chen's new hotel and the new WKBW television station. DiFafo Pres. Adolf Hot Dog "We felt the downfall of the U.B. Law School was its move from Downtown School will get back to basics. While some Buffalo. The DiFafo Law School will have in-class work will be required, the majority a prime downtown location. It will be of the student's time will be taken clerking within walking distance of Chippewa St., for various downtown law firms." Hot Dog foresaw no trouble securing City Hall, Brinkworth's Bar and all the other dives Buffalo lawyers frequent," said the services of Buffalo law firms for the clerkship program. Hot Dog. "Unlike the State University, which 1 "We want our students to be rubbing elbows with the average Buffalo lawyer. has alienated and insulted its alumni, Besides, buy a lawyer a few drinks and our DiFafo has always maintained a strong students can assure themselves summer relationship with our alumni." "DiFafo has a large number of jobs," Hot Dog continued. For those students who decide not to graduates practicing law in the Buffalo become lawyers the downtown location area. These people will help us," The will offer excellent employment DiFafo president said. "Besides, if the stadents are drinking opportunities. "Chen's hotel will be looking for after work with the lawyers there should bUsboys, bellhops, and desk clerks. be little trouble securing clerkships," Hot W.K.B.W. with its sensationalized coverage Dog noted. of crime in Buffalo is always looking for George Martini, administrative vice lawyers turned hams (Most lawyers are president of DiFafo University, explained actors anyway.). Jobs at McDonald's, the financing of the school. "Ninety percent of the funds for the Arthur Treacher's and Gleason's will also new facility will come from a federal grant. be available," Hot Dog said. Hot Dog introduced Arthur Muller, The remaining 10% will come from private formerly of Miskin State, as dean of the donors," Martini said. "We will name the new law school. law school building after the person who "Dean Muller is a tremendously donates the most money," Martini dynamic individual. We are very pleased to continued. Martini stated the Federal government have' him. We did not want a weak and ineffective dean. Muller has been given was very interested in the DiFafo Law complete authority to make DiFafo one of School. H.U.D. wants to revitalize the the top law schools in the nation," Hot central cities. The State University had its chance to revitalize Downtown, but instead Dog stated. * Muller's availability was a key factor in chose to make some prominent Republican the decision to go ahead with the law politicians rich by building the new law school and university in an Amherst school, Hot Dog noted. "We were quite surprised when the swamp. "In its grant application, DiFafo has State University did not hire Muller in 1976. When we discovered the Law shown HUD that in addition to making Faculty had vetoed Muller's appointment, some prominent Democrats wealthy, the we decided the time was right to go into DiFafo Law School will help revitalize direct competition with SUNY," Hot Dog Downtown Buffalo," noted Martini, a close friend of former Democratic chairman Joe stated. Cranky. pleased Muller said he was quite Dean to be in Buffalo. He also announced the P.J. Lox, director of University for the Libraries of DiFafo, explained the library faculty of a number of new hiring situation for the new law school. Law School. "We already have a good start on Mary Kay Abel will be teaching Civil Procedure. Herman Schwartz will teach acquisitions," he said. "Since 1972 the Criminal Law and a course on the State university has been subscribing to the West Legislature. Joseph Califano will teach publications, and has been gradually Administrative Law and Ethics. Michael increasing its law related holdings." "We have McKinney's, the USCA, and Lion will teach Evidence, Criminal most federal reporters," Lox said. He Muller said. Procedure, and Airline Law, We are pleased to have a real expert on indicated that by the time the new building Taxation and Gratuitous Transfers Muller opened, the library would have acquired said, in announcing the appointment of most of the important state and regional reporters along with the law reviews and Milhous Nixon to the faculty. "We have a fine faculty and I assure loose leaf services the law school would ' . need. Lox said the appointment of a Law Librarian would be imminent. "Dean Muller is reviewing the list of candidates right now. He has a free hand to pick whoeverhe wants. He understands the University needs a first rate Law Librarian and has promised us he will get a man with solid credentials," Lox explained. SUNY at Amherst Law collection but also pointed out that such a large collection would be unnecessary downtown. "Remember, being downtown the students will have access to the Bth Judicial District Library on the fourth floor of County Hall. We can gear our collection to complement theirs," Lox said. "During the clerkship part of the program our students will have access to the libraries of the large law firms," Lox concluded. President Hot Dog said DiFafo would begin accepting applicants for the 1981-82 school year. "Ourfirst graduates will be the class of 1984," Hot Dog said. Hot Dog also indicated that the Law School would be designed by the Cannon Partnership of Grand Island. "We want the building designed with the Buffalo weather in mind. If we had some famous architect from Texas or California design it, the crazy fool would probably specify single pane glass, roof top terraces and breezy walkways. Those things would be a disaster in Buffalo," Hot Dog said. Cannon is exploring the possibility of using windmills for power to take of the waterfront location, Hot Tax Expert Milhous Nixon advantage Dognoted. Lox noted the Dean and his Law When asked to comment on the new Librarian and staff will have full control of law school Robert Go-Get-Her, president acquisitions. The problems the Amherst of SUNY at Amherst said, "Good. I hope Law School has had can be traced to they put our law school out of business. I university interference in Library funding, never liked it anyway. don't trust I those he stated. This would be avoided at DiFafo lawyers. They are always talking about Lox did not think the DiFafo quality and excellence. They just don't collection would be as extensive as the understand the bureaucracy." Equal Justice Foundation Opportunity For Change by Ralph Nader presently shut out of our legal system. This One of the tests of a democracy is whether various groups within the society can initiate a stream of events that can advance the course of justice for all citizens. Given their resolve and imagination, law students represent one of the groups which can make a signal difference to both the quality and level of the law's response to serious social problems. For the last few months, students from over twenty law schools have attempted to establish a structure to champion adequate and expeditious access to justice at national, state and local levels. During the last ten years, enough documentation has been assembled about poverty, discrimination, pollution, consumer fraud, corporate crime, governmental corruption and waste to warrant their action. In addition, the opinions of the Burger Court have restricted access to justice procedurally and across a broad spectrum two examples are consumer class actions and standing to sue. At the same time, the concentration of power in the United States proceeds with little abatement. Fewer giant multinational corporations control larger sectors of the economy. Governments, whose functions include tempering the unjust effects of corporate firms with democratic power, have become indentured to those same economic forces. Although all these events have long been front page news, there has certainly been insufficient corrective response by our legal and political institutions. The first requirement to help change this situation is a broader deployment of the legal profession to permit more lawyers opportunities to work on lasting system change and to represent clients who are — is where law students can make a dramatic contribution to ourcountry. Together with a number of public interest lawyers, I have joined with students from a growing number of law schools to propose the establishmentof the Equal Justice Foundation. Several members of the law school faculty have taken a keen interest in this effort as well. The Equal Justice Foundation will be a nationwide, contributor-controlled decentralized network of lawyers to advance nationally, regionally and locally work on issues of access to justice. It will be funded by tithing: law students will pledge to contribute one percent or more of their postgraduate income to the work ofEJF. Although the tithers will determine the policy of the Equal Justice Foundation, the consensus so far indicates that this new engine for justice will have an office in Washington, where critical reform legislation and litigation will be advocated. The Foundation would maintain local grassroots chapters to advance access to justice on procedural and substantive grounds. EJF would be governed by an elected board of directors. The concept of tithing by the bar has a history of adherents. It was proposed by legal aid pioneer Reginald Heber Smith back in 1912. At the 1968 annual meeting of the American Bar Association, tithing was urged by Common Cause founder John Gardner. Details about the Equal Justice Foundation proposal are available from the organizing group of students at the law school. I hope you will be able to join with them and with other public interest lawyers, including our associates, who are assisting in this effort to advance the American justice system. April 14,1978 Opinion 9 �Law School Alumni Hold Dinner Genrich, Stiller, Stakel Honored by J.R. Drexelius The Law School Alumni Association held its 16th Annual Dinner Friday night at the Buffalo Athletic Club. The Dinner honors the outstanding alumni of the University Law School. This year's winners were Justice Norman A. Stiller, class of 1930; Willard A. Genrich, class of 1938; and Wallace J. Stakel, class of 1933. Proceeds from the annual dinner go to help the law school's placement office, Moot Court, and other student needs. Alumni Association president, Justice William J. Regan, presided over the affair. Justice Regan told the prestigious group, which included some of the most prominent judges and lawyers in the city, that the alumni association has placed great emphasis on placement of law school graduates. Regan noted with pride alumni meetings held out of town which have resulted in many job offers for recent graduates in cities like New York and Washington. Regan also praised the efforts of former placement head, jay Carlisle and its alumni, faculty and students who took part in the successful Phone-A-Thon campaign in the fall. Regan announced the alumni would again present the Bill Laidlow Award to the outstanding senior at graduation in May. Regan praised the work of Dean Thomas E. Headrick. Noting the law school's "good fortune" in getting Dean Headrick, the surrogate court judge told the gathering Headrick had been "amazingly frank" with the alumni. Headrick has been keeping the alumni well informed, said Regan, telling them many things including "certain things "I can't talk about right Moot Court News Kathy Kaczmarek and Dave McMahon were defeated by New York Law in the final round of the Kaufman MootCourt Tournament at Fordham Law School. An invitational to all 2nd Circuit schools, the Kaufman problem involved a 10-b-5 complaint brought by a tippee against a tipper. The appeal concerned the availability of the defense of in pari delicti, and the requirement for the plaintiff to allege and prove his own due diligence. Kaczmarek and McMahon won best brief but lost the final in a split 2-1 decision. The third-year students had previously defeated the same New York Law team in a preliminary round on Thursday, April 6. The competition featured two preliminary rounds on Thursday, semifinals and finals on Friday, April 7. Judge Feinberg of the second circuit, Mr. Kapp and Mr. Palso, both security lawyers formerly with the SEC, served as the final panel for the competition. Closer to home, the Albert R. Mugel Tax Competition will be held here at the Law School this coming Friday and Saturday. Fifteen schools will field a total of 18 teams. Monica Dodd and Pam Webb will represent UB when the first round begins at 2 pm on Friday. The second round begins at 10 am Saturday, and the finals at 3:00 pm in -the Moot Court Room. Justice Theodore Tannenwald of the U.S. Tax Court, Judge Lewis Spector or the U.S. Court of Claims will serve as judges for the final' round. Schools sending teams are: Duquesne, Wake Forest, St. John's, Cincinnati School of Law, Capital University, Case Western, Seton Hall, Suffolk, University of Toledo, Syracuse, Albany, Brooklyn, Maine and Detroit. The Moot Court Board welcomes all to attend, and adds that you are likely to find out a lot about appellate advocacy, while having a ~~ good time to boot. j now." "We want to help the kids getting out of school today," the judge said, recalling the difficultpre-war days when lawyers were lucky to start/out at $5 a week. Dean Headrick received a warm ovation when introduced. Headrick praised the efforts of the Alumni in supporting the law school. He said the alumni support of the Phone-A-Thon and other activities has demonstrated to the central administrators the need and the worth of the law school program. The dean told the group the law school is in good shape, free from the schisms that can cripple a school. "I don't know of any law school that has the potential of your law school to face the future. It has a great tradition, and I think, an even better future," he concluded. Judge Regan presented Willard Genrich, the Vice, Chairman of the New York Board of Regents, with the 1978 Outstanding Alumnus Award for Public Service. Genrich said he was proud to be an alumnus of the U.B. Law School. "I will remember the legal training of the law school which has been provided for me, that I may have an opportunity to serve it," he concluded. Justice Stiller, who is currently presiding over the controversial Long trial, was presented with the Outstanding Alumnus Award for the Judiciary. He thanked the gathering for giving him the award which, in the past, has been bestowed upon Matthew Jasen, John Henderson, John Curtin, and Sebastian Ballomo. Those who are interested in next year's membership are reWallace Stakel, a Batavia lawyer and former minded to get their writing samples and narrative resumes in district attorney, was presented with the by-May 1,1978. Outstanding Alumnus Award for Private Practice. Buffalo Legislation Project • Sightchecking — continued from page one Fred Konefsky. The news report featured such sensational items as Rehnquist overruling the law of gravity, institution of the death penalty box in ic"e hockey to combat the sport's growing violence problem, and an ad for equal Protection Roll-on. Even the law library staff did its part for the Revue by contributing a slide show on the use of the library materials, including instructions on shepardizing with both the German and Sheep variations demonstrated.Bruce Drucker gave an inspired performance of a rare 5-word Joyceian chant which he uttered as a response to all of Mitch Regenbogen's penetrating interview questions. Excerpts from this memorable interview follow: REGEN.: Isn't it true that your daughter graded last semester's Grat. Trans, exams? Drucker as JOYCE: Absolutely and you know why. REGEN.: Don't you sleep in a weddihg gown? D. as J.: Absolutely and you know why. REGEN.: Didn't you paint your face green when you went to the Kiss concert? D. as J.: Absolutely and you know why. Truly this was an amazing performance, demonstrating Drucker's full range of talents. Lloyd Fair must be commended for his true-to-life walk-ons as Professors Man, Schlegel and Katz. The list of performers goes on: the Hot Cargo String Band, featuring Kathy Niven, Tom Cook and Jim Atleson, provided good-time music that was a real crowd pleaser. George Colettis played some sweet notes on his harmonica and Les LATKO PRINTING & COPY CENTERS Typing, Typesetting, and Quick-Copying of your Writing Samples Multiple-Page Documents Briefs Resumes BETTER, FASTER, AND FOR LESS Call or Visit one of our Two Convenient Locations 1676 Niagara Falls Blvd. 3171 Main St. Tonawanda, N.Y. 14120 Buffalo, N.Y. 14214 834-7046 835-0100/0101 10 Opinion April 14, 1978 - Barry Boyer Bill Greiner was in show-stopping form as he opened the Law Revue "Heeeeere's Tommy." Konefsky, with newscast in hand, shown talking to Dean Headrick, school spirit in hand. Herbst treated the audience to some of his original piano pieces. Jim Hohensee and Al Fielitz added a classical touch to the evening by playing several pieces for oboe and clarinet. The crowd at Talbert was even treated to a juggling act by Tom Cook, Evan Gillerand Jack Rubenstein. Throughout the Revue, the pit band (Bob Kaiser on piano and trombone, Noel Guardi on bass, Jayne Zanglein on piano, Bill Fanciullo on drums, Stuart Risoff on guitar, and John Simson on guitar] provided good back-up for the vocalists in the program, and played well in its own right. The professor and student choruses were also a welcome addition to the show. All in all, despite some problems with the sound system and unevenness in a few of the performances, the Revue was the outstanding law school event of the year. Congratulations are due to everyone who participated in this great effort. Apologies are offered to anyone not mentioned here who took, part in the Revue it was hard to keep track of it all. This reviewer hopes that the Revue becomes a firm law school tradition, but next year's talent has a hard act to follow. Adios and good luck! - - Barry Boyer Colloquia to be held in April The. Constitutional Law/Law and Forum of SUNYAB Law School will present two colloquia during the month of April. The schedule is as follows: Professor W. Wednesday, April 19 Howard Mann, SUNYAB Law School "U.S. v. Nixon: The Relationship of Judicial Review and the Presidency." 4 p.m., O'Brian Hall, Room 706. Professor Thursday, April 27 Stephen C. Halpern, SUNYAB Political Science Department "Is There An Imperial Judiciary?: Philosophy - - Present-Day Judicial Activism." 3 p.m., Baldy Hall, Room 127 �Committee Formed to Investigate Phones Recall Election Put Off Till Semester's End by Jason Poliner The thrust of this amendment was that if one has Third-year director John B>tt supported division, come forward with regard to only some bills and left asserting that the SBA's credibility was at stake and that it The new board of the SBA held ji meeting on April 5 others unmentioned, that person would not be granted should do its utmost to cooperate. which was attended by thirteen voting members and which anonymity. Bernstein then made a motion against division of the lasted approximately Th hours. Rotella refused to accept this "friendly amendment," investigating committee, which carried 11-2. v Early in the meeting, Madelaine Bernstein presented adding that he was concerned for those people who have Cosentino then returned to the question of whether the Treasurer's report and the names of those persons to outstanding bills unknown to them. Both Bernstein and the recall election could take place prior the findings of to be on the committee to investigate phone abuse: third-year Cosentino expressed similar concerns to those articulated the committee. directors Jim Malloy and Debbie Wright, second-year by Rotella. Bernstein claimed that it was her fault thatthe directors Lewis Steele and Dwight Wells, and a faculty phone bills prior to September were not examined and Wells then moved to have the petition validated, member hopefully Dean Headrick. people therefore had not felt compelled to come forward which would force an election within twelve days. The the After formation of this committee, third-year regarding these earlier bills. motion was followed by discussion in which third-year director Joe Rotella proposed a motion regarding the In response, Wells, Steele and Shapiro stated that director Tom Bender asked if Suozzi would hold off on presentation of the findings of this committee. Rotella those people who have claimed calls to date should know the petition until there was a greater finding of the facts. moved that the findings be divided into legitimate and if they have made other calls in the past. Bernstein then informed the Board that the illegitimate calls to be designated by organization and not Shapiro's friendly amendment was put to a vote and investigation could be concluded within three to four by individual. Moreover, persons who voluntarily claimed defeated 10-3; Rotella's motion passed by the same weeks. calls would be granted anonymity and no anonymity margin. Suozzi, at this point, was visibly upset and stated that would be guaranteed to those who did not cooperate. Attention was now turned to consider the petition for it would be too late in the semester and people would be The motion was followed by lengthy discussion. referendum to recall Andrew Cosentino as President. The thinking only of finals. [See "Letters to the Editor."] Steele stated his strong belief that the primary function of petition was presented by Paul Suozzi and carried 198 Suozzi stated that hehad been informed by Cosentino that the committee should be to discover whether improprieties signatures. all that would be necessary for the validation of the existand to restore the credibility of the SBA. Suozzi expressed an interest in having the referendum petition for referendum for recall would be to have the Steele went on to emphasize that the committee within one week of the next issue of Opinion. signatures checked against the existing student list. should not grant anonymity with the hope that such Steele then expressed his concern for holding off on Steele then moved to validate the petition, effective anonymity would induce people to come forward a the election until such time that the committee twelve days prior to the election date. (In other words, if suggestion put forth by Malloy. The primary concern, investigating phone abuse presented its findings offact. the election were to be held in four weeks, the petition according to Steele, was not getting people to pay for the Shapiro then suggested that an investigation relevant would become officially validated twelve days prior to that phone bills as much as it was to see that all impropriety to the referendum could be conducted prior to the date.) In addition, publication of the committee findings was disclosed. election date suggested by Suozzi. would be three days before the election. The motion At this point, President Andrew Cosentino pointed passed 6-4-3. out that the old board already decided that anonymity Ex-President Jeffrey Licker then suggested that the Steele made a second motion that the election be held should be granted to those who voluntarily came forward. investigation which was conducted by Opinion was no later than the last three days of classes. The motion Cosentino said that the board would have to decide nothing more than innuendo and that a thorough report of carried with ten members voting in its favor. whether it wanted to change the policy adopted by the old the facts was necessary before holding theelection. board. At this point there was discussion as to whether to Second-year director Mike Shapiro then proposed a divide the investigation of the committee between Andrew friendly amendment to Rotella's motion: anonymity Cosentino and others. [Ed. Note: The events of this meeting were verified by would be given to those who have come forward to date Bernstein opposed such division and Licker suggested Rich Bedor, SBA, because the actual minutes were not but not to those who claim bills after this date. that it would be an unfair attack on Cosentino. available at press time.] - — Conference On Education Law Planned Statewide Affair Features Hyman handicapped students in higher education, the controversial Bakke case, and truth in advertising are among topics to be explored during a day-long, statewide conference on Friday, April 14 at the State University at Buffalo's Amherst campus. Entitled "Legal Perspectives: The Changing Relationship Between the Student and the University," the conference, scheduled from 9 am to 4 pm in Capen Hall, will feature a keynote address by Thomas Burgum, deputy counsel for the Senate Appropriations Committee. Mr. Burgum's presentation will concern recent developments in legislation and court decisions affecting the relationship between the students and the university. The role of handicapped students will be discussed by Bertha Cutcher of U.B.s Office of Services for the Handicapped, and Dr. Gary L. Livent, dean of Student Affairs at Niagara County Community College. The requirements of Section 504 for the Federal Rehabilitation Act of 1973 officially took effect June 3, 1977, and have complex implications relative to higher education. This session, beginning at 1:45 pm, will provide an overview, highlighting developments covering legal aspects, institutional responsibilities and related matters. Another program will focus on the controversial Bakke case and its implications for higher education. The case, Bakke v. Regents of University of California, is a volatile issue awaiting final resolution by the U.S. Supreme Court. Its outcome is expected to have a fundamental impact on affirmative action and university admissions. Presenter for this topic will be Dr.. Jacob Hyman, professor of constitutional law at U.B. Another workshop will deal with "Consumerism in Higher Education: Truth in Advertising." Also starting at 1:45 pm, this seminar will examine the legal rights and reasonable expectations of students in truth in advertising in academe. It will cover the question of where responsibility lies in terms of the institutions and their professional staff. This workshop is expected to alert participants to practices at their own institutions which may require attention. Dolores B. Schmidt, assistant vice chancellor for Affirmative Action and special assistant to the Chancellor, will lead a workshop entitled "Title IX and Higher Education: Promise and Performance," at 1:45 pm. In this session, the status of women in higher education will be reviewed from a comparative perspective. Questions to be answered include the original intention of Title IX, what its performance rating is, and what has yet to be accomplished. A fifth area, lo be presented by Dr. Walter C. Hobbs, U.B. associate professor of Higher Education, will cover me issue of administrative accountability and liability. The session will provide a general understanding of legal terminology along with definitions and interpretations as related to employees at all levels of administration and management in higher education. Cost of the conference is $7 for the general public and $5 for NYSCPA members and students. Registration information can be obtained by calling U.B.s NYSCPA office at 636-2527. The conference, which expects* upwards of 300 participants, is being sponsored in cooperation with the Western New York Consortium of Chief Student Affairs Officers, the U.B. Division of Student Affairs and Student Development Program Office. RAMSEY CLARK will speak Friday, April 21, 4:36 pm in the Moot Court Room on H.R. Bill 6988 (Remember S. 1???) OPINION Staff Meeting and Elections for the 1978-79 Editorial Board on Thursday, April 20 at 3:30 room 624 Teaching Assistant ships available Two students will be selected to act as teaching assistants in the first year special assistance program fall semester of 1978. Interested first and second year students should submit the following to the Placement Office, no later than Monday, April 24: 1) a copy ofyour resume 2) a writing sample 3) a note stating the extent of your extra-course commitments during fall semester (e.g., Law Review, Sea Grant, BLP, outside employment, research assistant) and the extent of any previous teaching experience or work with minorities. Students will be compensated at the normal rate for teaching assistants. Applicants desiring further information concerning the nature of the work should contact first year students who followed the special assistance program or Betty Mensch or Bob Fleming, third year students who served as tutors this past year. April 14,1978 Opinion 11 �Swamped with Problems by J.R. Drexelius As the spring thaw comes, law students attempt to slosh and swim from the Law School to their cars in the parking lots on the far side of the swamp some have referred to as Lake O'Brian. The swamp in front of O'Brian Hall is but one of the many physical problems facing law students daily. Classrooms are too hot in the winter and too cold in the summer. Few of the doors into O'Brian are in working condition. A skylight on the fourth floor of the library has been broken,since the Blizzard of '77, drastically cutting off the amount of light on that floor. A string of lights from O'Brian to the parking lot has been out since mid March, making the walk through the swamp even more dangerous. Lighting in the basement is inadequate and possibly illegal. The O'Brian swamp is a major Herb Lewis of Maintenance explained that his crews have attempted to deal with the situation. The maintenance chief explained that the area is very low. The blacktop path is only a temporary walkway until the social science buildings are erected. He said his men have put problem. a culvert in and tried to salt the path well in the winter but the water still overflows. Lewis is planning further action to alleviate the problem. Since the major thaw is over most of the swamp problems have disappeared till next Fall, said Lewis. This summer his men are going to bring a backhoe in and lay a pipe under the walkway and reblacktop. Lewis feels this should alleviate the problem. Draining the swamp is a major problem facing University administrators. Dr. John Neil, acting Vice President of Facilities Planning is aware of the situation. Although Dr. Neil said no major work is planned on the swamp in the near future, he indicated the swamp must T)e drained before construction begins on the social science buildings. The problem is, said Neil, there is nowhere to drain the swamp. All the ground around it is higher. Neil also explained the future of the site. The whole site stretching from Flint Road to the Lockwood Library is reserved for the Social Science Building. Neil said the Social Science Complex will be built in three phases beginning at the west end of the project and when finished will be roughly the same size as the present spine complex. The problem is money. Plans for the project are held up in the Department of the Budget, said Neil. He felt the building would not begin in the next two years but was hopeful the project would get off the ground within five years. Until that time it looks like law students will be faced with a long and windy walk from their cars to the law school. The heating and cooling problem is a case of the university trying to be cost efficient at the expense of student comfort. The heating and cooling systems at the school were built to work automatically. However, in an effort to save money the university has been setting the heating and cooling systems manually said Allan L. Canfield, Assistant to the dean for student affairs. The result of this policy is that if the weather is not what is expected, too warm in the winter or too cool in the summer, the controls are set wrong for the weather and maintenance must be called in to adjust the controls, Canfield indicated. Dwayne Moore of Facilities Planning explained that the doors are a university-wide problem. It seems the door manufacturersdid not foresee the winds which howl through Amherst. Facilities that ice and snow accumulates Planning is in the process of above the skylight and last winter replacing all doors on campus, the ice and snow caused the Moore said. He noted that not skylight to break. Efforts to force only is the wind a major problem the architect to pay for the faulty but also that the present doors are design have failed, Moore said. He indicated the skylight not adequate to meet the needs of would soon be replaced. Funding the handicapped. Moore said facilities planning is will come from either Albany or in the process of redesigning the this campus, Moore said. He also doors rig'it now and expects some explained that facilities planning improvement over the next few was working on a plan to prevent months. However, since it is a any future damage to the campus-wide problem, it may be skylights. as long as two years before the The lights between O'Brian and 1 the parking lots were repaired last problem is under control. Moore also indicated the Law School would continue to have problems until the Social Science Buildings were put up cutting down the wind. At this time, Facilities Planning is experimenting with sliding doors and other types of automatic doors to see what the best solution will be. Moore is also working on the broken skylight. He explained weekend said Herb Lewis. He explained the lights had gone out when a conductor was damaged during snow removal operations. The situation in the basement will be looked into, said Allen Canfield. He explained the law school has been trying to come up with an idea as to what use the basement could be put to for some time. He indicated he would look into the safety of the lights. Schwartz on Sportz Penant Law Predictionz — WEST This is baseball's most difficult division to pick a winner from. Kansas City, Texas and California all have an excellent chance to come out on top. Many experts, including the Italian, have picked Texas to finish first, but I think that their pitching has too many question marks. Only Doyle Alexander can be counted on, since Doc Medich and Jon Matlack are coming off sub-par years. The team to finish ahead of Texas will be Kansas City, a club which finished last year with the best record in baseball. The starting pitching of Leonard, Colborn and Splittorf is solid and the rest of the squad is quite deep. Both the Italian and I agree that while California is improved, it will be extremely difficult to climb past third place. The Angels are counting on the promising Don Asse, acquired from the Red Sox for Jerry Remy, to become their third quality starter. by Michael Schwartz Ah Spring! Truly beloved as the prime indication of the fact that the baseball prediction season has arrived. For the last two years, I have recorded and exchanged my predictions for the coming year with those of my friend, the mad Italian. Despite my widely recognized prejudices, when the final standings have been posted and the predictions have been unearthed, both my analysis and that of my unpredictable friend have proven to be quite accurate. Until now this prediction and accounting process has gone on relatively unnoticed. Although sound advice has been given that it should be kept that way, we have decided to make this year's prognosis public. National League EAST Once again the madman and I disagree on the division winner. While has has chosen Philadelphia to finish on top, I am picking Pittsburgh to not only win their division, but to also represent their league in the World Series against the Red Sox. The Pirates have great pitching with starters Bert Blyleven, John Candelaria, jerry Reuss and Jim Rooker and a good bullpen that includes Will McEnany and Kent Tekulve. Dave Parker and the remaining hitters are certainly sufficient to lead this well-balanced club to the pennant. The Phillies will finish second with a great hitting attack featuring American League Mike Schmidt and Greg Luzinski. Both the Italian EAST The Boston Red Sox should finish in i and I agree that St. Louis should finish third first. They field the best nine-man lineup in the A.L.■ followed by Montreal, Chicago and New York. While This year the pitching will tome through, but only the Mets have really improved their fielding and Ken Joyce and I know why. The Yanks should be hitting the pitching will be terrible. They would love second with Detroit and Baltimore following in that! to have Mickey Lolich back. order. People should not under-estimate the Tigers, WEST Cincinnati is the only winner upon -who have good young hitters and fine starters in the! which we both agree. The N.L. counterpart to the Bird, the Rose and Jim Slaton. Baltimore was ai Red Sox features the best eight-man lineup in the surprise last year, but this year's loss of two starting5 senior circuit. With a full season of Tom Seaver and pitchers should lower them to fourth. Cleveland the abilities of Bill Bonham and Fred Norman, the I improved greatly with their acquisitions from the pitching should at least be sufficient to carry the Dennis Eckersley trade and should finish fifth, withi division. While the Dodgers should finish in second, Milwaukee (who has no pitching) and Toronto they could be surprised by either the young squads of Houston or San Diego. Houston is especially a bringing up the rear. The mad Italian doesn't see it this way. He threat, since they possess the best young pitching thinks the Yankees will finish first followed by staff in baseball. San Francisco should finish fifth Baltimore and Boston. What else can you expectt and Atlanta is tabbed to finish in the cellar. I hate from an unbiasedobserver. Ted Turner. - — ', > - Summer Session at Hofstra Law School Summer Session One MAY 30-JULY 10 COURSES CREDITS Commercial Transactions Survey Conflict of Laws Criminal Procedure I Debtor-Creditor Evidence Family Law Individual Income Tax Real Estate Transactions Remedies Secured Transactions : ' 12 Opinion April 14, 1978 3 4 3 4 3 2 3 Summer Session Two JULY 12-AUG. 25 Business Organizations Commercial Paper Corporate Tax Entertainment Law Estate and Gift Tax Federal Courts Labor Law Law and Economic Inequality Products Liability Wills, Trusts and Estates : > 4 3 3 information. 4 3 3 3 3 3 3 2 3 4 ItKJFSj RA_ **& XiSSi UNIVERSITY HEMPSTEAD, NEW YORK 11550 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-04-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/14/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dc795938d18b85a5b7f8b0e56a6d548c.pdf d4e8ab9efd9bb1c60982f6fb248735dd PDF Text Text Non-profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Opinion Volume 18, Number 8 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law March 16, 1978 Phone Abuse Found SBA Investigates Long Distance Calls by Jason Poliner and Bill Brooks In the March 2, 1978 issue of Opinion, Gary DeWaal submitted a campaign statement in his bid for third year director. In that statement, DeWaal commented: "Indeed, along with another director, I uncovered a tremendousabuse of the students' trust the use of the organization's telephone for private, long distance phone calls by officers and directors to the tune of over $300." The statement triggered an investigation by Opinion, theresults of which appear hereand elswhere in this issue. The Treasurer of the Student Bar Association, Madeline Bernstein, took office in October, 1977. During that month Bernstein paid the SBA telephone bill for the months August, September and October. She informed Opinion that at that time she was new to the job and had no reason to suspect any improprieties and therefore saw no reason to scrutinize the telephone bill. In January, Mike Buskus, then a second year director, inadvertantly discovered the phone bill for the months of .November, December and January. Buskus called these phone bills to Bernstein's attention in light of the exhorbitant size. Bernstein claims that at the time Buskus presented her with the phone bill she had not yet had the opportunity to examine the bill. Bernstein, along with the support of Buskus and DeWaal, presented the situation before the SBA at the January 23 meeting. The SBA formed an investigative committee consisting of Buskus, — rondi chovis SBA Phone Bill $300 Last Summer by J.R. DrexelKis Opinion has discovered that long distance phone calls totalling almost $300.00 were made on the student government phone in a single 30-day period last summer. Madeline Bernstein, who conducted an investigation of the abuse of the SBA phone, claimed she had no authority to look past the school year. Bernstein, who replaced Jeff Licker as treasurer when the latter was elected President of the SBA, said, "The first phone bill I dealt with was November-December." Bernstein said that when the SBA Board of Directors authorized her to investigate the phone abuse she began her inquiry with the August September phone bills. "We drew a line," Bernstein said, "No one had to pay back before August" Bernstein felt it wouldhe unfair to make people pay back money for the summer months: She argued that since the calls were part of another person's administration, she felt no compulsion to look at the earlier bills. Opinion has evidence indicating that an additional $287.00 in long distance phone calls were made during the fiscal year 1977-78. These calls were made in July and early August Most of the calls were made to a particular number in Lowell, Mass, and a Yale University dorm room. Newly-elected President Andrew Cosentino admitted that his wife had made calls over the summer to her mother in Lowell. The calls totalled over $90.00 Mr. Cosentino, a Yale graduate, claimed he knew nothing about the Yale calls, but would check with his wife to make sure she did not make the calls. Cosentino said he called Jeff Licker, former SBA Treasurer, in the summer at Licker's home in Queens. He also said he had called his home in Valley Stream, N.Y. on occasion. However, Cosentino claimed these calls were on SBA business. "Correspondence meant for me in Buffalo was being sent to Valley stream," the former SBA secretary said. He indicatedthe calls he made to Licker were all on SBA business. Cosentino disagreed with Bernstein's assessment of the situation. "Nobody realized thefiscal year started in July. These bills should have been included," he said. "The worst thing about the jury bill is that through oversight nobody checked the bill," the new president stated. Cosentino said he would repay the calls his wife had made. "I have nothing to hide. IH pay whatever I have to pay. I'm responsible for Eileen'scalls to her mother.1' continued on page ten - — DeWaal, Bernstein and SBA President Jeffrey Licker. At this time, according to Bernstein, no persons were being implicated. After-the Treasurer's presentation, and lengthy discussion and argument, the program set forth below was approved by the SBA and recorded in its minutes: (1) To curb future abuse of long distance calls, no calls are to be made without the approval of Jeffrey and/or Madeline. At the end of each month, Gary DeWaal and Mike Buskus are to review these permissions for irregularities. (2) Gary DeWaal and Mike Buskus, together with Madeline and Jeffrey, were appointed a committee to investigate the calls that had been made. (3) For the purposes of this investigation, the bills from September through present are to be reviewed, and Madeline Bernstein is to turn same over to the investigating committee. (4) Should any individual come forth and make restitution for any calls made on the SBA telephone line during this period within a period of the next several weeks, when the investigation will be carried forth, and should payment for .such calls be made, the matter will be handled privately and no public discussion or charges will be raised relative to that "individual." On February 2nd, the results of this investigative committee was presented. The committee determined that personal calls were being made on the SBA telephone. They noted further that a large number of the personal calls were claimed by continued on page eleven — Election Results are Validated; Old Board Listens to Criticisms By Kirn Hunter In a sweltering and often outgoing SBA administration ratified the results of last week's elections and turned the reins of power over to the newly elected board. 30 or so board members and students crowded into rm. 213, where the temperature was at least 80°, to attend the March 13 meeting that was marred by frequent outbursts and heated stormy session, the exchanges. Most of the controversy surrounding the meeting concerned allegations of irregularities in the recent SBA elections, and SBA phone abuses. The majority of the meeting chaired by outgoing SBA president Jeff Licker was devoted to the consideration of the action on three motions recommended at the last SBA meeting (see p. 9) which lacked the quorum necessary for a binding vote on the motions. The decisions on motions to be adopted were as follows: A. The defeat of the motion to appoint a committee to. investigate whether charges should be brought against Andrew J. Cosentino relating to alleged abuses in (1) his conduct of the elections and (2) use of the SBA phone. B. The passage of a motion to approve all the results of the SBA elections. C. The passage of a motion that the run-off in the Secretary's race be held on March 16 and commented that the phone issue had been discussed before in executive session and raising the issue again at this time would be subjecting Cosentino to double jeopardy. Outgoing Ist year director Charmayne Bissell then presented a petition signed by more than 100 law students-challenging the validity of the recent elections. The petition made three basic charges: 1. The poll in front of the library was not kept open during the designated hours. 2. Cosentino was in the vicinity of the polls on several occasions even though he was a candidate. 3. The ballots were counted by 17. some of the candidates in the Motion A was split up to election. consider the motion on election abuses separately from the phone continued on page four issue. Chairman Licker • - �Editorial Behind closed doors The recent actions of the former SBA administration concernir the investigation of telephone abuses and the access of the press: SBA proceedings and meeting minutes, seem inappropriate at best, and merit the close attention of the student body. It is clear that there has been misuse of the SBA phone to the tune of nearly $300 worth of unauthorized long distance phone calls made during the past fiscal year. While this fact is certainly disturbing in itself, the high-handed manner in which the SBA chose to deal with this situationadded insult to injury. The abuses were brought to light by certain SBA directors, who conducted an investigation to substantiate their belief that serious improprieties had been committed. However, this investigation was limited to calls made from September to December, 1977, in spite of the fact that their fiscal year begins on July 1, and that there was evidence of similar abuse during July" and August of 1977. It is simply not enough to say that this time period is beyond the scope of the present SBA administration. To do so implies that past indiscretions are unreachable once previous administrations have departed. This would result in situations where no one is responsible for seeing that guilty parties are made accountable to students for past transgressions. (This attitude of narrow responsibility and control is prevalent in many student organizations and threatens the continuity and integrity of these groups.) At the close of the SBA investigation, closed meetings were held to resolve the phone call issue. Apparently, many of those present at the closed meeting felt that repayment from the guilty parties was sufficient to end the matter. Opinion was rather rudely surprised by the response of several members of the SBA to our reporters' investigation of these incidents. On Monday, March 6, one editor and two reporters went to the SBA office and asked to examine some past SBA minutes. Although a director and a current officer were present, no one could locate the minutes. Nor did they offer to help. Instead, they asked why we wanted to see them. We were under the impression SBA minutes were a matter of public record and open to all students. Opinion did eventually receive copies of the minutes that were requested, but we are still troubled by the defensive response we encountered upon our initial request. Such a reaction serves only to bolster suspicions that the SBA has something to hide. We think students are entitled to know how the SBA is being run and how its funds are being spent. Furthermore, it is incumbent upon our elected representatives to supply such information. On Tuesday night, March 7, a reporter from Opinion attended an SBA meeting. To avoid his presence, members of the SBA voted to move into executive session. When the reporter refused to leave, citing the New York State Open Meetings Law (see story, page 9), the SBA decided not to remain in executive session. All this hostility is simply hard to believe. What is going on to provoke these concerted attempts to avoid public examination of SBA business? What exactly does the SBA have to fear? Not surprisingly, lawyers (and law students) like to due process each other to death. We have been told that certain matters should not be discussed on the pages of Opinion, but instead should be kept under cover. We have been asked to keep the names of the individuals involved out of print until such time as this matter can be resolved in executive session of the SBA or until the matter comes before the FSRB. We readily agree that individuals have a right to fair hearings, but this does not mean all the facts should be suppressed particularly when the information was vital to students making their choices for SBA elective offices. In addition, we have seen that confidential efforts to resolve these matters have only served to keep students ignorant of the issues involved. This state of affairs is deplorable, and we hope the new SBA administration will be more open with students and more cooperative with the press. We have heard charges that this investigation is a headhunt, and Opinion is being used as a tool by certain individuals. There is no foundation for any of these charges, and we wish to stress that all parties concerned have been contacted at great length by our reporters and have been given every opportunity to respond. - March 16, 1978 Vol. 18, No. 8 Photo Editor Editors-in-Chief Hunter Kirn John Simson Randi Chavis Staff: Bill Brooks, Mike Buskus, Tim Cashmore, J.R. Drexelius, Carol Gardner, Jason Poliner, Sheryl Reich, Michael Schwartz, Mike Shapiro, Paul Suozzi. Contributors; Female No. 2 and Anonymous Copyright 1978, OPINION, SBA. Any republication of materials herein U strictly prohibited without the express consent of the Editors. OPINION i< published every two weeks, except for vacations, during the academic year It it the student newspaper of the State University of New York at Buffalc School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260.The view: expressed in this paper are not necessarily those of the Editorial Board 01 Staff of OPINION. OPINION is a non-profit organization, third class postagi entered at Buffalo, N.Y. Editorial policy of OPINION Is determinec collectively by the Editorial Board. OPINION is funded by SBA fronr Student Law Fees. Composition and design: University Press at Buffalo. Letters to The Editors New SBA election requested (The following letter was sent to Opinion for have been an inducement for someone to do just that. Isn't his presence at least as much a form of publication) advertising as a sign would be? I have also been informed that Mr. Cosentino TO: SBA the ballots. Now it may be that his collected Paul Suozzi FROM: J. responsibilities as SBA secretary include supervision RE: The recent SBA elections of elections, but in a situation where the secretary is to participate I would like to bring an official complaint also a candidate, it is an abuse for him concerning the conduct of the recent SBA election in such a manner. It may be that none of his actions had any and certain irregularities involved therein. I am an effect on the outcome of the election, but in such spent to the fact that Andrew Cosentino referring inordinate amount of time at the polling place on circumstances, where the highest officer of the SBA Thursday, March 2. I personally saw him standing is to be elected, it is the affirmative duty of the SBA next to the table outside the library for about 15 officers to see that there is not the least inference of by his minutes and I have spoken with others who saw him impropriety. There is no question that in the same location at other times throughout the presence at the polling place, Mr. Cosentino has day, at least once for a period of forty minutes or violated his duty as an SBA officer. more. Since it could not have taken him more than a I thinK tnat tiie appropriate action under these few minutes to cast his ballot, there can be no reason circumstances would be to hold another election for for his continued presence. I believe there is an SBA rule that prohibits the office of SBA president. No burden would be advertising or electioneering within a certain distance placed on the SBA since run-off elections are already from the polling place. I did not hear Mr. Cosentino being contemplated for other positions. The reputation of the SBA as a viable urge anyone to vote for him while standing at the clearly could ofall law students is at stake. representative his continued there presence table, but - Director thank-you Fellow Students: Just a short note to thank you for electing me to the SBA Board of Directors. My feeling is that the SBA must be an open and democratic operation and responsive to our concerns and preferences. Given that, I hope you can find time t"o come and participate in SBA meetings and activities, and/or, on a more personal leyel, discuss Opinion March 16, 1978 m Lewis Steele Sexism seen in Opinion story To the Editors: Is Opinion so hard up for copy that its editors will publish trash just to arouse a reply? Or is the staff too busy to read its articles before they go to print? What else can explain the appearance of "Didonc, Ou est la Bibliotheque?"! This tasteless bit of trivia related the misfortunes of two female law students who go cross-country skiing with a friend(?), the story's narrator. The women are first rejected as pick-ups, because they don't qualify as "fine An\erican foxes with large American breasts," (a borrowed line from Saturday Night Live.) Then they are too embarassed to reveal their weight and shoe size at the ski-shop, because they are intimidated by the more attractive shop attendants. Later on they go to a bar where they flail their arms at the handsomest bartender and reveal trail passes hanging from their teeth. Assuming that there is a point to this story (no small assumption), I gather that it is to make fun of women who go skiing, etc., to find male companionship rather than to ski. But the messages conveyed are more offensive than that. The facts suggest that men find only women with large breasts attractive. Furthermore, the plot suggests that if women are intelligent enough to be law students, then .they are not sexy enough to be ski-shop attendants, and vice versa. Additionally, the article portrays women competing with each other for male attention. Finally, it reinforces the notion that women are dissatisfied with their bodies whenever they don't look like suntan 2 with me and other SBA directors and officers your law school concerns and feelings. On a more personal note, I appreciate your recognition that accompanying a sometimes somewhat abrasive style is a real desire to actively and positively work to improve our law school and its environment. My hope is that by working together much can and will be accomplished. commercials. The Women's Movement has spent the last decade trying to destroy these attitudes. It has tried to help women and men like their own bodies, and it has sought to erode the stereotyping of women into an exclusive role of either "career girl" or "plaything." That these sexist attitudes were incidental to the plot of the story makes it even worse; overt sexism would be easier to deal with. When sexist attitudes are veiled in the context of describing two indivfduals, readers may fail to perceive the subtle form of sexism. Perhaps even Opinion itself was innocentof just how sexist this article was. If so, I call uponthe staff to hold itself to a higher standard of care than simple good faith. A newspaper funded by student activity fees has an affirmative duty to raise its consciousness so that it can recognize even inconspicuous forms of discrimination. Debbie Norton Authors' reply to Ms> Norton: We regret .that Ms. Norton completely misconstrued "Didonc, Ou est la Bibliotheque?" In order to avoid exactly this type of response to our article, we intentionally took an extremely sexist tone in writing it. We agree wholeheartedly with Ms. Norton that overt sexism is easier to deal with than more subtle biases. It is indeed unfortunate that some of our readers were not able to laugh at our attempt to portray sexual stereotypes in their most outrageous form. Sincerely, SarahSholes, Roberta Tarshls �Carlisle send-off What's Wrong with this picture? To the Editors: The accolades and eulogies that have been pouring out since the departure of Jay Carlisle have reached the point of ludicrousness. Maybe he was too busy flying around the country on School money handing out Law School catalogues to have time to compile accurate lists of law firms in major cities. Or maybe he was too busy sending out his own resumes looking for other jobs to be able to help law students here formulate their own. When you consider the number of major law firms in New York State and the quality of this law schooL's faculty and programs, Carlisle's contribution to our allegedly improved placement position was a disgrace. Any such improvement has been the result of the quality of our graduates in spite of Carlisle's so-called "efforts." In addition his warped view of law school placement in general can be seen in his recent article in the New York Bar Journal, in which he discussed the salient issues of legal placement such as whether or not law graduates should look for jobs as claims adjusters for insurance companies. The freshmen here will probably never appreciate just how lucky they are not to have to deal with someone as inept and useless as Carlisle. Even a new placement director with only minimal typing ability would help ameliorate the past placement situation. So, Bon Voyage Mr. Carlisle. I, for one, am glad to see you go. b Seated: {Rob Ciandella - Wandered West Ted Firetog - Resigned JohnSimson Shaved - Standing: Dean Silvers Moved to Media A.D. Scoones Practicing Private Life Kirn Hunter - Protein diet a symposium PERSPECTIVES ON SWIFT v. TYSON ' friday, march 17 at 10 am in room 209 Professors Robert Gordon, University of Wisconsin Law School; Duncan Kennedy, Harvard Law School; Fred Konefsky and Al Katz, will present perspectives on Swift v. Tyson. The presentation will last until well into the afternoon. All Law students and faculty are welcome. Mitchell Regenbogen BITCH TICKETS 31.2/10/78 COMPLAINT: No reference librarian from 12:30-1:55 RESPONSE: Our reference desk is staffed Monday thru Saturday from 9:00 to 5:00. We have been very busy recently because of the legal research and writing courses and the reference librarians do take students to the shelves. If you don't find anyone at the desk, you can look in Room 218. I think you were a little off on your timing. On the day in question the reference librarian, was helping a patron on another floor. Your bitch ticket was found on the desk at 1:00, and there was a librarian at the desk all afternoon. 32. 2/10/78 COMPLAINT: How come there are no Constitutions or By-Laws of any major (or minor) Labor Unions on the shelves? RESPONSE: Union constitutions are published by the individual unions and are not generally distributed to the public. However, under the Labor-Management Reporting and Discolsure Act, all unions must keep a copy of their constitution and contracts on file with the office ofLabor & Welfare Pension Reports in the Dept. of Labor. We will try to obtain some union material for future use. 33.2/15/78 COMPLAINT: This is not realfy a complaint, more of an admonishment. It is pleasing to see that the fifth floor skylight windows have finally been repaired after more than a year since the damage was incurred from falling ice. I hope that preventive measures are being taken by the maintenance crews to ensure that ice does not accumulate to such an extent that it drops and shatters the newly > installed panes of glass, v RESPONSE: The fourth floor skylight windows have been a worry for us for a very long time. It was only when the windows blew out during a January blizzard wind that maintenance finally responded with the present solution of plywood windows. Of course, this cuts down even further but this is one of many the meager source of light problems Buffalo encounters in a building designed by architects from Texas. - 34. 2/15/78 COMPLAINT: Carrel No. 330 is hoarding books: 17 reporters and 3 law reviews. This has continued a week at least Keeping these books off the shelves and hidden is anti-social behavior. He also uses them to reserve the carrel for his own use. RESPONSE: The library does not want to start a sign-up system for the carrels on a day-to-day basis. It is a special reduce that is. only necessary for the exam period. Otherwise it is on a first-come, first-served basis. We are instituting a stricter policy on carrel cleanouts. At closing on even days of the month, we will clear out the even-numbered carrels. No note's will be honored. This will cut down on hoarding of materials and prevent the carrels from becoming private libraries. Law Revue coming Sunday - 35.2/15/78 COMPLAINT: The system of signing up for study carrels seemed to work fine during finals. Why can't it be continued? It requires a minimum amount of administrative work (i.e., placing a sign-up sheet at the reserve desk) and would probably help to keep non-law students out of the carrels. The study carrels are currently being abused by .people (esp. law students) who maintain their own "library" inside a particular carrel, keep it looking occupied and/or keep the door shut, and return to the carrel day after day. This is annoying because it monopolizes both carrels and needed books. A daily sign-up would eliminate this problem and give all law students equal and equitable access to books and quiet, study areas, and should be implemented NOW in light of the mutilation and hoarding of books by those in some Research / Writing Sections (and others). RESPONSE: See Bitch Ticket No. 34. a,._jf!m\ _T > .... i -. ■ i , . fl K____. %_5__W 3 36.2/15/78 COMPLAINT: On the fourth floor shelf near the elevator entitled "for reshelving," there are 15 shelves, with an average of 14 books per shelf, a total of about 210 books unshclved including reporters and journals. Is it possible for this to be done? RESPONSE: The reshelving in this area is done by section numbers, with a little bit being shelved each day. Our priority shelving is the primary material on the second and third floors, which is done daily. Since the "for shelving" is numbered sections, it shouldn't be too difficult to check it for a book that can't be found on the shelf. 37. 2/28/78 COMPLAINT: One complaint: on Feb. 19,1978, Sunday, there were books strewn everywhere. They should have been reshelved by a few minutes after 2:00pm, if they had been collected off of the tables before closing by the staff. I always do my part to re-shelve. RESPONSE: We fry to shelve floors two and three every day at closing. The Saturday before the date mentioned there was only one student working, so only limited shelving was done. The library has been unfortunately very heavily used by students this semester, and at times the shelving gets ahead of us. Thanks for re-shelving the books you use, it does help and is appreciated. Faculty and students will attempt to play it by ear on Sunday night, March 19. Hie First Animal Ever (It's AU We've Got) Law Revue will be held in incredibly small Talbert Hall at 7:30 PM. Admission is free arid all are welcome. ACashBar will also be appearing. March 16,1978 Opinion 3 �Case Comment: Expert Witness Fees Found Unconscionable agreed to pay the docton $700 fonhis trial appearance. The law firm then tendered a The use of expert witnesses in personal check in the amount of $350 as advance injury cases is nothing new. Neither is the payment. After verbal discussion the compensation of those witnesses for the attorney agreed to pay $700 up front with reasonable value of their time to testify in $350 to be returned if the case did not go a court of law. Recently, however, a New to trial. York court made a decision limiting the The negligence case was settled out of amount of compensation to be paid to one court. Subsequently, the attorney, such "expert" witness. plaintiffs in the present case, requested a In the case of Dormer, Fagelson, refund of one-half of the fee paid. The Hariton & Berka, P.C. v. Arthur M. defendant doctor refused; claiming that he Bernhang, 91 Misc. 2d 1011 (1977), the hadn't been notified at least 24 hours in District Court of Suffolk County invoked advance of the cancellation of the the common law doctrine of scheduled court appearance. unconscionability and ordered a reduction The doctor insisted that such advance in the compensation to be paid to the notice was necessary so that he could doctor for his agreement to testify. "reconstruct his routine for Thursday." He needed advance notice, he argued, to avoid The case arose when the defendant the loss of patient appointments. doctor, who initially treated a personal injury victim, agreed, with the attorney for The Court, however, rejected that the injured person, to testify in a theory. It first noted that according to negligence action. The victim's attorneys undisputed evidence, it was that doctor's by Mike Buskus routine practice to take Thursdays off! 91 Misc. 2d 1011,1013. The Court, speaking through Justice Kramer, pointed out that "The issues herein highlight the relationship between the medical and legal professions. Very often particularly in the field of torts their paths intertwine. In order to do justice to a client's cause involving substantial personal injuries, the attorney needs the services of a competent medical expert." Id., at 1013. — - The Court noted that several alternatives for procuring the testimony included the use of subpoenas as well as voluntary appearances. Reasoning that a system of compulsory appearance by subpoenas would probably unnecessarily waste medical time, Justice Kramer concluded that a voluntary system was preferable. Adding to his earlier comments, the' Justice concluded that: "... the extent to which the medical expert shall dictate his availability to the attorney is something else again. The attorney is not a free agent Calendar -congestion is bad enough as it is." Id., at 1014. The court then drew an analogy to the Uniform Commercial Code provisions for unconscionability of contracts. Citing to the classic case of Williams v. Walker-Thomas Furniture Co., 350 F. 2d .445, 449 (D.C. Cir. 1965), the court reasoned that the unconscionability doctrine was equally applicable to service contracts as well as sales contracts. Id. Analysis: The Court obviously had to reconcile the competing interests of economical and expeditious administration of justice with the entitlement of an expert witness to fair However, when the compensation. defendant doctor declares that he needs 24 hours notice to reconstruct a day off, then the claim for compensation escalates to the level of unconscionable avariciousness. The Court wisely declined to encourage such unprofessional conduct. court . SBA validates elections in controversial action — The petition called for new elections in the first week after the spring break. Various members of the board then responded to the charges in the petition. Chairman Licker said, "There was no rule against any candidates being near the polling place. Other candidates have been around the polls in the past." Outgoing, 3rd year Director Debbie Wright stressed that the vote counting had been done impartially and that no candidate had counted the votes in his or her own race. Wright also pointed out that the SBA had been very short-handed for staffing the polls." ''It's harder," she said, "to get people to sit at the polls than it is to get volunteers for amputations." 2nd Year Director Gary •DeWaal yielded his time to Paul Suozzi who had written a letter to the SBA questioning Cosentino's action during the election. Suozzi read his letter to the group (see p. 2 for text of the letter), but conceded his point about Cosentino's alleged electioneering since it had become apparent that during this election the SBA had no rule against such practices. Suozzi emphasized that his major concern, regardless of Cosentino's specific actions, was with the appearance of impropriety in the. election, and hastened to point out that he was not interested in making a personal attack on Cosentino. Suozzi said that he thought the Presidential election should be re-run in any event, remarking that: "I can't prove that Andy's presence had any effect on the vote, but no one can prove to me that it didn't." Suozzi's claims had also been discussed at the previous SBA meeting, (see SBA article, p. 9). Outgoing Vice President Brenda Bodenstein called the board's attention to the fact that holding a new election would only prolong problems that the past SBA administration had faced; it would delay organization of the new board and force the SBA to hold budget hearings at the end of the term. 'These problems had Opinion 4 contributed to the SBA's ineffectiveness in the past, she asserted, and urged that this be considered in the vote on the validity for the elections. A somewhat heated exchange arose over the exact times that the polls were not functioning during the election. Board members traded claims with varying degrees of proof as to when the polls were staffed and when, they were not2nd Year Director Mike Buskus felt that the "inference of impropriety" was enough to void the presidential election,especially since 'ny affects the credibility of the SBA. The credibility of the President and the SBA has been a key problem, in dealing with the students and the administration. Buskus also pointed out that there were more signatures on the petitions to re-run the elections than on each candidates petition. Cosentino then claimed a "point of privilege" to explain that Ted Firetog had 94 signatures on his petition and he had 107 on his own. Someone pointed out that this was really a "point of bullshit." Vikki Edwards urged the'board not to get bogged down in "side issues." "The SBA needs to examine what kind of precedents are being set for the future elections. The timing of the budget hearings is irrelevant." Terrie Benson then yielded her time to Debbie Wright who responded to Suozzi's statements earlier in the meeting. "Andy doesn't have to prove anything," she stated; "The burden of proof is on you if you want to be legal about it." Suozzi countered that the important issue concerns the inference of improprieties in the elections. Wright replied, "If anyone else were involved in the inference would not be so strong." Elliot Klein was recognized to speak on behalf of the petitions to re-run the elections. "The SBA is isolated from the student body," he said. "The turnout here at the meeting and the number of signatures on the petitions suggest a student concern.' If the SBA is going to have any credibility, it March 16,1978 should take these petitions seriously." "The board is taking this seriously," Licker responded, "Look at the amount of discussion at this meeting on it." Mark Pearce yielded his time to Vikki Edwards. She pointed out that the board is not bound to deliberate the issue exactly as posed by the petition. She brought up the idea that the President actually has an interest in all the election races since they determine the rest of the board, that he or she must work with. Another student at the meeting suggested that other races could have, been far more affected by the closing of the polls. The last of the 2nd year directors was decided by a difference of only 2, votes (see election results, p. 12). If the polls were closed for .only an hour it could conceivably have made a difference in that race. • Madeline Bernstein felt that if people were really concerned with the credibility and appearance of the board, the elections should be upheld. "No rules had been broken, Andy won by a large majority. We can't afford to keep re-running elections." she said. At this point in the proceedings, Cosentino began a long explanation of his actions regarding the elections. He also pointed out that, "The people bringing this complaint are those who contributed to the situation. They should be responsible and check out the facts before bringing a petition. At least, they should have spoken to me since there are serious questions as to the veracity of the facts presented (in the petitions)." Cosentino claimed that he had worked hard to make sure that there would be someone staffing the polls at all times, but last minute cancellations resulted in the closing of the polls from 1 to 2 p.m. on Friday, March 3rd. He said, "I will be the first to concede that it was unfortunate that no one would sit at the polls." Cosentino then began directing his remarks at Bissell, who had presented the petitions. He mentioned the fact that she was not even at the February 14th meeting of the SBA at which the elections were organized. Bissell responded, "I was at a National Lawyers' Guild Conference in Washington, D.C. oh February 14th.'But why are continued from page one election conduct. The next motion sparked the greatest controversy of the evening. Licker, as chairman, ruled that the issue of-Cosehtino's use of the SBA phones had already been decided so that there was no /need to consider the motion to investigate the situation. Gary DeWaal made a motion challenging, this decision that was seconded by Mike Buskus. The* motion to challenge the decision of the chair was defeated by an 8 to 7 vote, with 3 abstentions. The vote on the motion for a new presidential election was defeated when the vote of the Chair tied the voting. There was a great deal of comment and commotion on the vote and the procedure involved. Licker commented that "the Chair is very upset today. But everyone did get their chance to you turning this into an attack on me?" The Bissel l-Cosent mo exchanges became more intense when Cosentino accused Bissell of passing out petitions instead of sitting at the polls. Chairman Licker advised Cosentino to limit his remarks to the allegations against him and Cosentino then apologized to the Board and to Bissell. Cosentino continued to defend his actions, stressing that he and other board members had made a lot of calls to insure that the polls would be covered. This triggered several outbursts from board members to ihe effect that they had never been contacted about speak." sitting at the polls even though Licker was then accused by they were home at the time in several board members of question. commenting on the issues and After the Chair brought the motions raised at the meeting meeting to order, Alexander made when the Chair was expected to a motion to amend the first be impartial. A motion was made motion under consideration, to to force Licker to yield the Chair say that objections to the to someone else, but before a vote elections should be dealt with could be taken, he yielded the according to the procedures chair to Madeline Bernstein, SBA provided in the SBA Constitution. treasurer. Article VIII provides for a recall Next the board considered the of the elections on the motion of results -of the elections. The 25% of the board supported by a Presidential vote was accepted 10 referendum in which 50% of the to 9, counting a proxy. All the student body votes, two thirds of other results were validated by the whom must agree to the motion. board by wide margins except for Alexander characterized his the 2nd year race which was amendment as "friendly" and accepted by another 10 to 9 vote. noted that he had "taken a lot of personal abuse for insisting on After the voting was procedure in the past." completed, Mary Kloepfer who Suozzi spoke again, on his own narrowly lost the race for 2nd time, indicating that while he was Year Director, commented that aware of the recall provision, he she would not want to join such a had not wanted to go that route. group after tonight's performance. "Why install the president only to She wondered how Cosentino recall him?" he asked. "If Andy could accept the presidency after had real support from students, he such a showing of lack of should not have any trouble confidence in-the SBA and on the winning again." validity of the recent elections. Finally a motion was made to The board also passed the bring the matter to a vote. The motion to re-run the election for board voted 11 to 6, with 1 secretary on the 16thand 17th of abstention, to defeat the motion March. After this, the new board to investigate Costentino's of the SBA was installed. �Wide World of Torts Looking for Mr. Bitch Ticket byJohnSimson at 11:00, but also from the hidden cameras and two bay windows in the carrels. studying from until the mozzarella became too thick to read through, or because the girl next to me is describing in what might be considered an exceptional imitation of Ethel Merman singing at full pitch, her Take a look at the airport. They don't newest bikini which she just can't wear at have funny little doors that go bong! We Jones Beach next summer. What can be need Security. Well? Bitch Ticket 323 +1: You didn't answer idea." This statement attributed to my question. See Ticket No. 323 and Saktidas Roy, by an unknown and you-'ll see that you skirted the issue and unnamed informant, who shall remain didn't answer it. anonymous, is the only known public Answer: As to consenting adults, we do done about this? It is obviously ridiculous. Answer: This isn't a bitch ticket. This is a comment made by Acting Directory of not specify or limit the number -of Answer: Sue the bastards for disruption of Mr. Soundoff. Send it to WYSL and see if University Libraries as regards Samurai consenting, or non-consenting adults who your right to Quiet Enjoyment. Although they put it on theair. may join with one another in a study none of us here are lawyers we heard that Bitch Tickets. carrel. More importantly, the library will that was a good action. Speaking of good Samurai Bitch Ticket No. 32: I am verry These tickets are now Issued in the supply consenting adults if needed; action, see Bitch Ticket No. 323 As far as verry angry. I was teaching my crass in library for,those who seek to make a particularly for bridge foursomes. As to the Pizza is concerned we are very Karate Law and the Sexes when one of my complaint about some aspect of the animals, there is no preference, at least disturbed. We generally charge students a students committed honorable act of library. Many of the non-samurai bitch none expressed by the library staff for piece of the pie for-smuggling and we Benjamin Cardozo. Act where student get tickets have appeared previously on the either live or stuffed.replicas. However, I remembered a Pizza as good as a himself so ass backwards that die from pages of Opinion but to what avail? You have referred the matter, as it is one of >Bocce. As to the Ethel Merman starvation. Act of Cardozo particularly write a complaint and you get an arfswer. policy, to Saktidas Roy, the Acting impersonator, she sounds sorta cute to us. dangerous because it also confuse other But you don't get satisfaction and you Director of University Libraries, so that we You really seem to be an irrascible and students who start to say things like, "I don't get change! can have an official position as regards this. quick-tempered person. Why not try to live think it is not what the duty you think it is with these people and deal with them on not owed?" I am verry verry angry. So, Samurai Bitch Tickets differ in this Bitch 437: I was xeroxing Miss their own level, fourth floor? top here I am with my twelve students and our Ticket No. regard. Although the procedure for filing is November on a Friday night when all of a drawer???) You could have, for instance, dog in carrel No. 357 when this student in much more difficult, as will be explained, sudden someone bursts in, confiscates my challenged the undergraduate men to a best the carrel behind us starts grumbling about action must be taken by the Library within change and yells, "Aha! just as I thought, two of three falls in which the winner gets having to study his Torts alone. So we get an hour of such complaints. This is due to not law material." Though I tried to to throw the undergraduates out of the verry verry angry and send in two black thelaw ofthe samurai. explain that this was an exhibit for my library. Oh, afraid they would've beaten and blue belts to teach him a leetleKarate. paper on "Playboy's Use of Airbrushing you? We get a lot of Bitch Tickets, and this (Is my accent Mexican or Japanese?) Models as False Advertising" the person one as so many really boil down to ego Meanwhile, lam doing badly Verry started pummelling me about the head problems. Poor ego. headache, upset stomach. tense, have a s Bitch Ticket No. 32 : until I forked over all the change in my How come no Aspirin Machine in Library. Last n|jht I studied in carrel No. 356. pocket. The person not return the Bitch Ticket No. 203": I don't believe it is This is my question? did Alone! Unfortunately for me, the persons, dollar bill I had given in exchange for the proper for a Law Library to hold Disco Answer: No Reply. "This happened once and I believe there were four or more, who change and told me I could "like it or lump Dance classes,, even if it is on Friday before and we came to your door. No studied in carrel No. 35J were giggling and it." Do I have any recourse? Nights..Though 1 do admit instructors Reply." talking about consent as a defense to Answer: Go to small claims court. Serves were very good and did athemean Legal prosecution under N.Y. Penal Law you right for corrupting the'xerox Hustle, it may have been a bit noisy for Saturday Night Bitch Ticket: Hey, Like, I §205.25. I think, I may have heard a dog machine. You realize these machines do those trying to study. Will these classes mean, where do you keep, da books on barking top, though that may have been have some sensibilitiesand it's hard enough continue? Disco Duck Law? Hey, I like this place, it's from the carrel on the other side which, just getting,them to sit there andoopy dull AnsWer: Most assuredly and thank you very comfortable and it's got nice carpet for No. though ,1 didn't took', must have been Jaw materials, day after day. Show them the compliment. President Ketter wants to and you can dance to it, 1 give it an 87 355. It is very depressing being atone when some interesting stuff like this here or make sure the libraries are truly centers of Dick So anyway, I'm like, looking for such events are, as they say, being held something like a New York Times Article learning and the course was set up in the Dance sections of the Code and all I direct right out there in front of your nose, ts it and we will be hung. No Recourse!' find are these razor, blade scars and I'm response to that desire. library policy to allow more than two very angry. Very angry. So I Want to know consenting adults in one carrel? whatabout Bitch Ticket No. 90 subd. (2): I am a law Bitch Ticket No> 1109: I am a first year if any of the punk librarians rumble after animals?. Does it matter if they are stuffed student. And I am tired ofalt this bickering male law student and I don't understand work? animals? between law students and undergraduates. why people have to be so blatant. The guy Answer: We asked Saktidas Roy, Acting It is ridiculous to think that two different seated at the table next to me is wearing Director of University Libes, and he told us Answert This sounds tike one of those types of students can't get along in this one one of those razor blades around his neck we could fight on our own time if we tetters that you read in the letters to the library. I don't understand why law on a chain, and while those things used to wanted to, but that we couldn't fight on editor section of one of those porno students are so upset about the presence of be symbols of the counter culture and alt his time. I explained to him that generally magazines. You're always thinking to undergraduates in our library. Merely that, I think he's been using it on some our entire day is made of fighting, but he yourself that Someone is really making this because two eighteen year otd freshman critical taw review article that someone said that was fighting of another horse of all up and it didn't really happen. But as men (always sounded redundant) are doing already bladed. Can't the library install a another color of another country where he we in the library are very up on what goes best two out of three falls on the third metal detector on theway in? Those funny came from. Basically, what 1 mean to say is on in the carrels, not just from what we floor in front of another who is eating a gates on the way out don't do a whole lot that we don't understand a word that guy find when we search through the waste smuggled in Bocce Club Pizza which is of good. What you realty need are some says. I mean you wouldn't believe the sort baskets at 10:50 when we close the library dripping on the Federal Reporter I was guards and some machines on the way inI of stuff we have to try and interpret. "I don't like the name. I don't like thj . ... , ... Pictorial Torts Students during rush hour coming attend 8:30 classes. The path becomes so crowded it's almost impossible to identify to individuals. mfkt shaptrp WkaaaaaaWmWaWmwWamamaaWaWmmmaWMWmwmaam rmdtthovls Student attempting to enter John Lord O'Brian Hall from the front. mlkt shaplro Student still attempting to enter John Lord O'Brian Halt from the front. Thermostats set at 68 degrees provide comfort for those who enjoy temp eratures of 98 or 59 degrees depending on whether it's Thursday or Tuesday and of course how many times they've been called upon ' March 16,1978 Opinion 5 �SCHWARTZ ON SPORTZ Basketball Commissioner Tel l z All OP: "Recently this column discussed NBA violence has the violence that is so visible in mat league influenced the Michael Schwartz by play in your league?" There haVe been severe injuries to This week "Schwartz on Sportz" is fortunate to ERR: "Yes, definitely. key players have broken bands and Several players. interview Steven Errante, who is the Commissioner of as welt as a player in the Law School Basketball League. fingers." these injuries caused by,fights?" After a toog season, playoffs for the 16-team league are OP: "Were serious injuries were due to fights, but the lack scheduled to begin on April 6. In the excerpt reproduced ERR: "No has made tfteptay exceedingly rugged. Pushing of ref-fees below, Commissioner Errante not only defends himself matches are «irnrnoriptace." and shoving interests, but be has conflict of charges he a against that there a conflict of interest when the "Steve, isn't on the rote women of Of: also displays his "enlightened" views a in his own league?" player is also Commissioner ih sportdefinitely Besides, hot our team needs the "No, ERR: has Presently a third-year law student, Mr. Errante ofthe Commissioner's influence." been basketball commissioner for the last two years. His competitive edge the that the divisional alignments charges he OP: "What about by the fact that popularity in this position is evidenced your team is in the weaker received a large number of write-in votes for "Best were established so that enabling your team to make the playoffs?" Commissioner" in the recent Opinion survey. Steve division,"They are completely unfounded- My team's graduated from Andrew Jackson High School in the ERR: is more equally balanced than the other division. borough of Queens, and advanced to Hofstra University divisioncan see from the standings, our team no longer is in As you where he started on the school basketball team. He has been described by his friends as outgoing, helpful, but a bit too clean-cut. In this author's opinion, Errante's most offensive personality trait is the fact that he is a New York Yankee fan. OPINION: "As we come to the time for the playoffs, who are the present favorites to win the championship?" ERRANTE: "Team 9, the weaker team from the weaker division. The team includes Bob Fleming, Steve Gerber and Ira Goldfarb." OP: "Can you also predict the winner of the Most Valuable Player award?" ERR: "Because I don't want to influence fan voting, I would rather not say." - [Ed note: Mr. Yuhas has responded to these charges by authorized, they were stating that-while the funds were never actually approprlated.[ your league? Of" "Are there any women inyear one signed up, but then no. Last ERR- "This year, feels that the game is too office League out The chickened rough for dainty women. A team of the best womencould not defeat the worstof the men." right? OP- "But they are legally allowed to play, they disprove male if only play can ERR: "They superiority." , ->_ to step ■ down. OP; "After two years you are going to have _ .. Will you hand-pick your successor?" teamsters? The new is, ERR- "What do you think this bythepopular vote of my Commissioner will be picked _ team." , ■■__■■• _|| , challenge ~. to the OP: "I understand you have issued a faculty. Is thisright?" ERR: "That's right." OP: "Who would be on the student team? ERR: "An all star team, selected by the players." first place." OP: "Continuing the conflict of interest questions couldrr't you suspend key players on opposing teams during the playoffs?" ERR: "I have that power. Depending on the score of various games, it may become necessary to use it." OP: "Are you going to have a party at the end of the year?" rest of the Law School ERR: "Last year John Yuhas was able to get 100 dollars THIS IS A CHALLENGE to the Star Sportz softball team has been All Schwartz on The from the SBA. The money was never seen." awaiting opponents who wish to play as formed and is to the happened any party, wasn't what OP: "If there soon as the snow melts. Persons organizing opposing teams $100?" pay used it to for should contact Michael Schwartz by leaving a note at the Rumor has it that he ERR: "Ask Yuhas. Opinionoffice. a new cycle." ***** - I—■—■■■—M—i—MM—■■■—■—■■ raixtUttevis On his team: "Our team needs the competitive edge of the Commissioners influence." On Women: "The League Office feels that the game is too rough for dainty women." t Sportslaw sires racy developments by "i Mike ------- Buskus As has been noted in recent articles by Bill Brooks, the newly developing field of Sportslaw seems to suggest that rules and constitutional doctrine may (or perhaps should) be incorporated by reference to the rules of sporting events. This article will inquire into the efficacy of such judicial meddling in the field of equestrian events. Yes fans, it's Race Judicata in the lead, followed by Ez Toppel, closely followed by Preclusion. And around the bend,' it's Barpleading Merger by a neck. Around the clubhouse turn it's Day-in-CoUrt closely trailing Re-Litigate. In the closing stretch it's Race Judicata nose-to-hose with behind is Same Joinder of Parties. Close Transaction slightly ahead of Same Issues. as the dust settles And, at the wire (and the photog peels the back off the Polaroid snapshot), it'sf- Toppel winning, Preclusion placing, and Merger showing. ... Opinion 6 Record, was enjoined from participating iLocal Taxation 616, or alternatively, due to alleged bad manners at the starting tBankruptcy 202. Apparently guest gate. j\lecturers will bring in their winnings checks ■ On a separate front, Basketball (did you hear that, IRS?) and losers will Commissioner Larry O'Brien promised that 1briiig in their reams of losing tickets. Wait a minutel There is another class he would not attempt to prevent any future sporting events from occurring -on actiort brewing at the starting gate. It seems time as scheduled. In response, 34,458 that all the jockeys have gone on strike for Knicks fans buried O'Brien's car under better (bettor??!!) working conditions, development from the a late And, hot parimutuel windows. A group of angry 2,389,567 losing parimutuel tickets. immunity from liability in tort, and a bettors are muttering "sue" and "class Incidentally, O'Brien received a City of shower after eve/y race. But it appears that the horses are going action" because their would-be-entry, _,/» New York, parking ticket, which he plans He is to argue to race anyway! And they're off. 0-ery» intending to contest ultimately scratched after was Litigator, did the jockeys waive their opportunity to the betting window grabbed all their cash. pompous-immunity. Wjll these prospective litigants have a litigate their issues? Will they be precluded Meanwhile, the gleeful handieappers who opted for the 20-1 Ez Toppel instead (another?) day in court? What will be the. from bringing (or wearing a) suit agate? and why? Stay tuned Stay tuned to the next class (action). of the scratched 3-2 Late Litigator, are decision of the court734, to Law a seminar to be P.S. Late breaking bulletin on grading in Equestrian winnings at scooping (shoveling?) up their offered at this law School by a the special offerings in Equestrian Law. those same track window*. AW in a related action, the soon*to-be-named professor. It seems that Professor Jockey has given out 24 H's (for Commissioner of Wagering is talking about the Dean and Co. are recruiting from such ''horsepersonshtp"), no Q's and 3 F's intervening In the expected action because, talent-laden lands as Hiateah, Batayia (failed to Win, place or show up for the inexplicably, all the air was let out of the DQwns, Buffalo Raceway, Churchill course or the exam). What's your bet that elsewhere. Apparently, a these figures show up in the next issue of tires of his horse trailer. Apparently,, Downs, and offering to be taught by this Track & Stable Law Journal! several counterclaims (crossclaims??) may collateral professor will be Betting and More later.. .Meanwhile, another race: be filed by other bettors who think they incoming were hoodwinked when their horse, Track Wagering law 825, cross*listed as State and "And they're 0ff..." No! Wait a minute! A horse (its owner? trainer? jockey? stable? syndicate?) is claiming that it didn't have a fair chance to litigate the- issue of its entry into the "Finality of Judgments" sweepstakes. It seems that this horse, Late Litigator, is arguing that he/she didn't have his/her day at thetrack... March 16,1978 �An ALLWET Protest: Toilet discrimination flushed out in O'Brian the men don't Let Dean Headrick be put on notice that we demand three stalls for ' ■■:■ "■■ . ,'■■■■ ' • ■ ■ WOMEN: are you sick and tired of j being treated like second class citizens? Well, we think it's about time to take a stand on the most blatant discrimination te this school yet. Now is the time to organize! How many times lately have you experienced: the restroom blues? Ever have just five minutes left In your New York Practice break, or two minutes till Grat Trans,, and the line before you seems endless? And have you always just accepted it and thought that's the way it has to be? Welt, now is the time to change things. Today the vote, tomorrow die stall! ntiSeshaplra rmdlchavls Women have you ever been harassed Mow is the time for action! Don't be by men who claim you spend too much an exiting (no, that's not supposed to be After minutes of to stand up for this issue. We are male. seven afraid 'exciting') time in the bathroom to do what you have cross-examination at our entitled to complain about such blatant expert tortuous, to do? Well, we're certain that you have hereby announce the formation that the coast was sexism. We hands he confessed been. And doesn't it burn you up the way 'they' condescend to you by saying, "Gee, clear. At that, these authors risked both of ALLWET, the Association of Legal Equal Toilets. Join now it took you twice as long as it took me. life and limb for a cause we believe in as we Ladies who Want If men's room door. and unite! the administration at this burst the through Guess it's because I didn't stop to were .completely overwhelmed by university thinks it can appease us by We GOSSIP." merely installing two new towel machines, We are sick and tired of this shit. what we saw! The unfairness of it all! Are they haveanother think coming. one, We not not ready this? saw you for race. First of alt, it's not a And secondly, four, not but count We can't wait for the ERA to two, three, FIVE, not we are not all at the same starting gate. to mention the five out this mess. We therefore FIVE straighten 'em, stalls, not must be asking Right about now you the the taw demand a summit meeting with Dean in gives urinals. This men yourself, "What the hell are these two negotiate a settlement. We to do to opportunities school a ten Headrick total of talking about?" We have proofindicating the summit take place on ■propose when enter die that they what have to do they that there is indeed a conspiracy afloat in to a mere neutral compared ground; perhaps at the second floor restrooms three as the hallowed halls of this building. Only water a non-discriminatory counting *fdurttamf (not the males, however, are privy to this opportunities for us women By the way, the men have i facility. We are willing to reach a fair and sinks). three our conspiracy. equitable agreement. six sinks.* We propose a swap our couch for Right now you must be thinking, Proof.Ever try -to enter a men's room "Welt, we all know how rJoorly wiscampus three of their stalls. That couch has always and have some shprt male taw fellow say, Is designed. It is probably an innocent, amazed us. Women on the bathroom line "Hey, you can't go in there!" university-wide error." But these authors are always too busy hopping around to have discovered further proof of the deep 1 avail themselves of it> anyway. We know, Proof: Ever try to ask a man questions seed of conspiracy. Ever go over to Baldy we know the administration has a very about what goes on in the men's room and Hall? Ever notice those restrooms? good reason for locating the couch where it notice how defensive he gets? Strangely eh#gh> the men and women of did. Those sharpies on the; Board of the Education /Psychology Departments Trustees realized that a soft spot was We must say that our curiosity was are afforded equivalent opportunities to needed for those frail women who faint at aroused. Considering it our duty, we put relieve themselves, with no help from any least once per day while trying to make it aside our modesty, humility, sexual couches. After giving the matter extensive in a man's world. We aren't certain why preferences and good taste and plunged thought, we have concluded mat the law they thought women were strong enough ahead in Search of the truth. We personally school never intended to maintain an to make it from their classes all the way to visited every men's room from here to increased female enrollment. Rather, it is the restrooms. In fact, we are quite CPG. We were astounded by our findings. all a clever ruse. They accept more women surprised that they did not line the It all began late one evening as we taw students and then hope mat the hallways with couches or perhaps construct approached John Lord O'Brian. After 'pressures' will encourage them to go to O'Brian with rubber rooms to cushion our finding a choice parking spot in Lot 1, we Baldy Hall, where they'll have an equal falls. We won't accept more tokenism in cautiously proceeded to -the target area. We shot at the bathroom facilities (and then as the form of one couch and two extra towel nonchalantly stationed ourselves outside long as they are over there enroll in the machines! Nor will we be silenced into submission because we have a couch and the second floor men's room and accosted education department). : - — our couch. To ensure etpiat positions at the bargaining fountain we propose that the foil owing plan 'be imptemerited before negotiations commence. During mose hours of the day when restroom use peaks (10 am until 2 pm, when tines in women's restrooms extend Into me hallways of O'Brian), a section of me men's rooms should be cordoned off for the exclusive use of females. We would settle for two stalls, two sinks, and one urinal. If our demands are not met we shall be forced to mobilize ourranks. We need you! Can you carry a sign? Can you carry a tune? Your services are required if we are to rid this institution of the vestiges of sexism. If our demands are not met we propose the following action: 1) A massive protest rally will be staged in the first floor men's room. 2) We shall picket all O'Brian's men's rooms (from the inside, of course). 3) And, for our final action, we plan a takeover of all library bathrooms by women. We feel this is fair in that it is the only way to equalize facilities at this time. Of course, women do have hearts. If it is a matter of life and death, men will be permitted to utilize the library bathrooms. However, do not think we are pushovers. All books and other reading materials will be confiscated at the bathroom doors. We are then prepared to give each man 2.7 minutes to complete his business. (The gentleman who was clocked ai42 minutes in the seventh floor bathroom with his Internal Revenue Code ; woujd.be well advised to take note you've seen thefast of that study carrel.) — Folkstegers and placard carriers we need you! This is the time for action. ALLWET NOW'!!' P.S. If all else Ms perhaps Qean HeadricR s woutd install a take-a-number machine te the Women's restrooms to reduce the incidents of arm-to-arm combat which erupt whenever an undergraduate cuts in on the waiting line. - fkjl esdfjrdesfsfjdksdsf So as not to offend any one group, we approached the A.S.M.L.S. (Association of Short Male Law Students) and asked if they would object to being included in our article. Their little spokesperson rather abruptly informed us that we were full of shit. We replied that we wouldn't'be if we had a few more stalls to play around with. Here at the Western New Yorker by Sheryl Reich We contacted Harold "Rome" Boringus, one of the City's prominent criminal trial attorneys, and asked for some advice on Halt where If it were so, it was a grievous fault, and grevtousty hath the victim answered it... he opening statements. He told us to meet him at County was doing a short trial and where he was witting to give us a few for the defense: m pointers, by way of example. Using the facte of the CTtmte-l casethe Here, under leave of court and the rest Trial Technique this semester, he suggested the following, for for the judge is an honorable man prosecution: Come I tospeak in Bosveld's behalf I . Friends, Jurors, Buffaloniarts, jend me your ears I've come to bury the defendant, not to praise him The evil men do fives after them, the good is oft interred with their bones - So let ft be with the defendant! The aligned defense attorney will tell you that the defendant is a disturbed person He is my client, faithful and just to me But the prosecutor says he Is a crazed sex murderer and the prosecutor is an honorable man He had brought many roamers home to his place whose laughter did the general neighborhood fill Did this In Bosveld seem murderous? When that the poor have wept Bosveld hath'wept murderers should be made of sterner stuff - OPINION Spring Fling Issue April 13 All those who would like to contribute to this year's April Fool's Issue, take note! As the Ist fails during vaca- tion, OPINION will publish a Spring Fling Issue instead. All Flingers note that the copy deadline will be April 5, the Wednesday immediately following vacation. All copy should be doublespaced, and typed in 70-character lines. Deposit in the OPINION Office, Room 623. - :: \; :^; -''':-; v ,;::;.,,.. y:-'v:;: '', Yet the prosecutor says he is a murderer, and the prosecutor is an honorable man. March 16,1978 Opinion ■ 7 �Culinary Counseling PASTA: A Good Way To Start by Paul Suozzi As a raw material, pasta is unsurpassed in its versatility. There is no question that you could serve it every day for a year and never repeat a sauce. Now, I don't have 365 recipes to call on, nor would I want to burden you with all of them if I did, but I would like to relate a few of my favorites. The first one takes a little time to prepare (especially if you make your own pasta), and I usually save it for company. The other two are real quickies that can be prepared in the time it takes to cook the pasta. LASAGNE ALLA MAMMA SUOZZI Credit where credit is due, I have to give it all to my mother. Though she never wrote it down for me, nor did she ever explain the process involved, I cannot say that the recipe I use is my own. The first time I made lasagne it was from the memory of having seen my mother prepare it so many times. This is how it goes... To make a 9" x 13" pan of lasagne you will need: a 3-egg batch of pasta all'uovo (see Opinion, March 2) or, 1 lb. package of lasagne 1 lb. mozarella cheese I lb. ricotta cheese 1 egg 1 tsp. basil 1 tbsp. parsley 1 tbsp. grated parmesan cheese V* tsp. salt V* tsp. pepper 1 sh qts. of your favorite (meat or meatless) tomato sauce I purposely leave"the choiceof sauce up to the individual for three reasons: 1) Sauce is a very personal matter and everyone eventually develops his/her own formula, 2) I question the ability to reliably follow a sauce recipe, since I have never been able to duplicate my mother's, and 3) the kind of sauce you use is not crucial, as any good sauce will go well with thisrecipe. However, for those who may never have made their own sauce, this is how I usually go about it. Generally, I make a meatless sauce, started by sauteeing chopped onion and garlic in olive oil, in the bottom of a pot. To this I add 2, 28 oz. cans of whole peeled tomatoes and one 6 oz. can of tomato paste. (I put the tomatoes through a blender or a food mill to make the sauce smoother and to hasten the cooking time.) I season this with basil and rosemary, bring it to a boil, then turn down the heat and simmer it for about 2 hours (stirring occasionally). The sauce should be prepared before you put the rest of the process in motion. When the sauce is ready, put a large pot of water on to boil (at least 5 quarts). While this is heating, put thericotta cheese into a bowl, add the egg, basil, parsley, parmesan cheese, salt and pepper, and mix well. Also add one ladle of sauce to this mixture, blend in and set aside. Take the mozarella cheese, grate it coarsely (using the second largest holes on a four-sided grater), and set aside. When the water boils, add five teaspons of salt and about one tablespoon of oil (to keep the pasta from sticking). Cook the lasagne noodles until al dente {Opinion, March 2), stirring frequently to prevent sticking. Drain the pasta in a large colander, then rinse briefly withcold water to aid in quick handling. Now you are ready to assemble your creation. Coat the bottom of the pan with a thin layer of sauce. Cover the bottom of the pan with pasta after shaking off the excess water (three strips usually does it). Spread a layer of the ricotta mixture evenly over the pasta. Cover this with a thin layer of sauce, then sprinkle evenly with mozarella. Begin again with pasta and continue the sequence until" yoU have a total of four layers. Try to budget your ingredients so that you will have an equal amount for each layer. (It pays to keep a little extra mozarella in reserve for the top, since it is aesthetically pleasing and helps to cover any mistakes!) The lasagne is baked at 350 degrees for about 30 minutes or until the cheese is melted. It also may be covered and frozen for later use. (1t will take a little longer to cook after refrigeration). The yield from this pan is 4 generous portions, with The object is to have everything ready to seconds included. (There will always be put together just as the pasta is done. Put calls for seconds.) If there is any left over, five quarts of water on to boil. While this is don't hesitate to reheat it In fact, I've heating, break the eggs into a bowl and add found that lasagne holds together better the cheese, basil, salt and pepper. Beat when it has been cooked a second time. If well. Then cut the bacon into bite-sized you are in a hurry, try it without reheating. pieces and fry them in a small pan at a low (You may even be tempted to eat it for temperature. Add the garlic to the bacon a breakfast!) few minutes before the pasta is done. (If you prefer not to use bacon as I often do, saute the garlic in two tablespoons of butter or oil instead). When the pasta is./ dente, drain it and dump it into the bowl and containing the egg mixture. (It is a good idea to keep this bowl in a warm oven until this time so that the pasta will not be cooled by the bowl). Pour the bacon and garlic, then toss quickly until the pasta is well coated. Serve immediately. AGLIO, OLIO, PEPERONCINO GARLIC, OIL, RED PEPPER SPAGHETTI ALLA CARBONARA, ALLA MAMMA DEGLIINNOCENTI Literally, this is spaghetti, charcoal maker's style, though I don't know what is inherent in charcoal making that accounts for it being connected with this dish. In any case, it has been one of my favorites since the first time I tried it during my sojourn in Siena, Italy. Mamma Degli Innocent! made it at least once a week, a tradition I have maintained, largely becaus«.it VS tsp-basil salt and pepper to taste Schlegel, J. Lindgren, X- Joyce (on taxaphone), R. Bell, F. Konefsky, W. "Willow River" Greiner and Thome McCarty. This list is by no means exhaustive and seems to The pit band will feature Noel grow everyday. Guardi on bass, Bill Fanciullo on Lloyd Fair, Ted Donovan, Alan drums, Zanglein and Kaiser on Canfietd and many of the above and Kaiser on piano(alternately), have been working hard since late trombone. last semester to organize and Emcees for the show are at finalize the project. present unannounced, but are If all this is not enough to get believed to include Bruce out on the 19th, how about you Drucker, Sheryl Reich, Fred the cash bar? Konefsky, and Ralph j. Stairsteps. Admission is free. Other musical acts wilt feature Cook, jim Atleson, Tom Professor and Kathertee Ntven doing bluegrass; Helene Antet doing Bonnie $aitt material; Cheryl Block performing some "30's" numbers; and John Sirnson doing assorted. Jim Hohensee and Al Fielitz will perform duets for oboe and clarinet, and it appears that a Sha-na-na type of group may appear doing some old legal favoritest like, "You Proximately Caused My Broken Heart." Dean Headrick leads a large contingent of faculty In participating te the Revue. Other mitte shapifp by Sidney Australia The First Annual Ever Law Revueis finally coming. Sunday night/March 19 at 7:30 p.m., faculty, students and relevant other!■ will gather te talbert Halt to view the revue. The evening will feature songs, skits, juggling, and speed sheparditmg the new Olympic sports craze that's sweeping the Professor Andy Spanogle and John Simson have been working on chorus numbers to be — Opinion 8 March 16,1978 stars include This is an old stand-by, very easy to prepare, and best served with thin spaghetti. To serve four you will need: 4 tbsp. olive oil 2 cloves of garlic, chopped crushed red pepper fn a small saucepan, heat the olive oil to a low temperature and add the garlic and red pepper to taste. (It is a good idea to go slowly with the red pepper if you are not used to it, and I would advise that it be added tedjvidualiy at the table when there are persons present whose tastes you are not familiar with.) When the pasta Is al dente,/drain it and put it in a bowl. Pour fhe*hotsa#lic add oil over if, tossiightly to coat the pasta, and serve. Remember to watch the pepper! , BUON APPETITO (£4. Note: Mr. Suozzi is interested in recipes for his column. Next week, this column will be devoted to bread. Mr. Suozzi would appreciate any recipes for bread orother foods. They may be dropped offat the Opinion office, room 623.) soliciting Legal Law Revue Sunday March 19 sung by Faculty Chorus, student choruses and mixtures of the two; while Jayne Zanjdein and Bob Kaiser have been doing the bulk of arranging and accompaniment. \ * The rule of thumb is one egg, one slice of bacon and one tablespoon of grated cheese per serving of pasta (with the amount of garlic, basil, salt and pepper left to taste). To serve 4 you will need: 4 eggs 4 tbsp. grated parmesan cheese 4 slices of bacon 2 cloves of garlic, chopped / J.H. Limericks There was a young lawyer named Seagull Whose client had sinned with a beagle. "Don't worry,"she said, "Don'tbother your head You can move to a state where it's legal." - There was a professor namedKatz Who gave buthis Ds in large vatz. Though his studentscomplained. His feeling remained That they'd ali left their brains in their hatz. fin Buffalo, there sat an old Judge l#ho heldagainst lawyers a grudge. Each one is a poor. Their citations are poor. And their logic is sticky as fudge. All those not aware, shame on youI On Mareh3swilibethe Law Revue. Where else can you see True legal idiocy With professors and students on cue? PLI, BRC, 8AR/BHt or Marino Choosing one is like a trip to a casino. You canchoose alack or red, Either way you are dead. Let's face ft theBar is obsceneo. - �Research and Writing: Mixed Reaction Marks Library Abuse Meeting by Carol Gardner "A harangue." That's how one student characterized tjje February 27th meeting of the Legal Research and Writing course. Not everyone held the same view. Kathleen Carrick, a law school librarian, if a "good" meeting, because it generated direct student comments about called the law library and its services. Another student described the discussion as "a basic waste of time." One teaching assistant was disturbed by the amusement that the meeting generated. The first-year students were called together for a meeting by Professors Kaplan and Greiner and the teaching assistants to discuss the problems that had developed in the use qf the law library. Beginning in early February, the library staff noticed that numerous pocket part supplements, especially those to Abbott's Digest, were missing. Pages from the looseleaf New York Code of Rules and Regulations, as well as pages from the case reporter, had also disappeared. Caches of the Federal and New York reporters were also fouhd in carrels and in other places in the library. The librarians wanted to call the meeting in order to impress students with the severity of the problem. The teaching assistants suggested that the general meeting be delayed in order to save dass time. Instead, the instructors attempted to inform each writing group about the chavis 'andi library problems and warned their students of the possible sanctions if they were caught stealing or vandalizing any of the materials. The delay of the meeting meant that many students had already completed their research and were no longer using library materials by the time the meeting was held. This fact gave rise to one student's comment that, "it was useless because it [the meeting] was after the fact." Others felt that the meeting was still useful. The occasion gave rise to a discussion of ethics and' the. legal profession. One teaching instructor got the impression students think the law school experience is atypical and that in the "real world" everyone uses whatever means are available to get ahead. She said, "a real standard of ethics does exist and unethical attorneys find themselves isolated from the rest of the profession. Peer pressure is the only way the profession has to stay close and it is a common way .for a law school to deal with a problem." used materials fully available on the open shelves rather than putting them on reserve. McKinney's is on reserve because the librarians fear it would always end up missing. A statute was found to be razored out of one of the volumes of McKinney's. The librarians aren't sure, but they think it occurred right after the meeting with the students. Professor Kaplan said he wasn't surprised, but he was saddened. He explained that he felt the meeting was necessary because students were more likely to catch the wrongdoers than the instructors were. Some students disagreed with this statement. Their comments ranged from "it will just make those people who are doing it more secretive and more difficult to catch," to "I didn't need to be told to take action about [sic] someone who was ripping out pages. I would have done something regardless of the meeting." The meeting also prompted one student to question the ethics of the Section I faculty members" who, at the time, had not finished grading examinations. That remark brought applause from many of the students in the audience. Professors Greiner and Newhouse agreed that the tardiness in grading by some members of the faculty brought embarrassment to the rest of the faculty. They insisted that they had tried to put pressure on those colleagues to act more Ms. Carrick said, "Libraries always have the. problem of pilferage, but in a professional school, we expect students to act professionally. We're trying to help you, to igive the best services we can, to get you the materials. It's blatantly selfish or self-centered to not care about the rest of the students and the community." The librarians want to make heavily responsibly. News Analysis: . Mad Hatter's Tea Party Without A Quorum by JR. Drexelius The old Board of Directors ofSBA tried to conduct a meeting last week. The old board attempted to confirm the new board, but found they lacked a quorum to conduct any official business. The board also attempted to ban the press from the meeting in an attempt to meet in secret session. The move to go into secret proceedings failed when Opinion challenged the board's authority as violating the New York State Open Meetings Law. The new directors were aghast at the procedures and debates of the old board. They watched as various outgoing directors seemed to be talking out of both sides of their mouths. It was obvious the old board cared far more about procedure than any regard for the substantive issues before it. The newly elected board was not allowed to vote on any of the issues. They became spectators in a performance which rivaled the Mad Hatter's Tea Party for lunacy. "I would say that meeting made the Tower of Babel look like show and tell," said a newly elected board member. Jim Maloy, John Batt, and Tom Bender, all newly elected directors, issued the following statement to Opinion: ' issue, John" Batt, a new Third Year Director, raised the no illegal practices," said Shapiro, attempting to defeat his point that there were not enough old board members to constitute a quorum. There followed arguments between newly elected President Andy Cosentino and outgoing directors Mike Buskus and Gary DeWaal over the adequacy of notice of the meeting for old directors. Following the quibbling, the motion to go into executive session passed 6-1 with Cosentino and DeWaal abstaining. When the board attempted to eject Opinion's reporter, the State's Sunshine Law was invoked. The board was unprepared for this attack on its proceedings. ■ Mr. Cosentino claimed that even if the reporter stayed for the closed session, he couldn't write about what he heard. He claimed the situation was similar to the story in the last Opinion on faculty appointments. That story was censored, Cosentino said. This reporter disputed that interpretation of the Sunshine Law. [Note: The New York State Open Meeting Law restricts the reporting in public meetings of three areas; Contract negotiations, the hiring and placement of handicapped, and discussion about the hiring and firing of personnel. It does not restrict any other reporting on public meetings.] When it became clear that Opinion's reporter would not leave, and would report on everything said in the secret session, Cosentino saw no purpose for the Board to continue to meet in closed session. The vote to come out of the closed session was 6-1 with DeWaal and Cosentino abstaining. Cosentino pointed out that the Board, lacking a quorum, had two options. It could either adjourn and reconvene when a quorum of old directors was present, or it could adopt the election results on an advisory basis and let the new board approve the results of the meeting. A number of old directors felt the old board had to adopt the election results. It was finally decided the old board would meet in two-three days for the special purpose of adopting the election results. [That meeting took place on Monday, March 13; see article, page .] The board continued to conduct business. However, since it lacked a quorum, all its decisions are advisory only, "It would take only a few such meetings to turn the apathetic into seasoned cynics. Hopefully, the incoming board will be able to avoid some of the problems created by rigid adherence to the letter, while ignoring both the spirit and purpose, of Robert's Rules and the Constitution of the organization itself." The meeting opened with a request to move into Executive session. Brenda Bodenstem explained this would be a closed meeting with the press excluded. The outgoing meeting vice president claimed the purpose of this secret was to inform the new members of matters which the old board felt should be confidential. Lewis Steele, a newly elected Second Year Director, questioned the need to go into closed session without more of an explanation. "We are dealing with matters involving peoples non-binding. personal reputations," said Ms. Bodenstein. She added the and Mike Shapiro presented a motion to appoint an at this public not be made matter should o|d board felt the investigatory committee to look into Mr. Cosentino's affairs, regarding first, his conduct at the recent election new board of the and consternation To the dismay second, the misuse of funds, specifically the misuse of and motion to vote on the members, they were hot allowed to telephone funds. SBA -»the go into executive session. think the committee is unnecessary and would find "I on to vote When the outgoing board attempted own motion, J. Ted Donovan claimed, "My understanding is that the phone issue was brought up two meetings ago, and last meeting completely dealt with by the SBA." David Alexander asked someone to restate the in order to refresh his memory. He was informed that since the matter was dealt with in secret session, and it would be illegal to break the confidentiality of the executive session, he could not have his memory controversy refreshed. Alexander pointed out the ludicracy of the situation." go into executive session over this matter, how do I find out about it?" The board refused to address the issue, instead voting on Shapiro's motion. The motion to form the investigatory committee was defeated 2-2, with 4 abstentions. Mr. Cosentino asked permission to discuss the allegations made by Paul Suozzi in his letter about Cosentino's election practices. [See Letter to the Editor, page 2.] Suozzi said he was not involved in a malicious attack on Mr. Cosentino, rather he was concerned that the irregularities, no matte* how well intentioned, hurt the credibility of the SBA. Outgoing director Buskus, in a running battle with Cosentino all night, agreed with Suozzi, and put a motion on the floor to confirm all election results except those in the presidential race. Discussion followed in which it was pointed out that, if Mr. Cosentino had not been near the poll, the election would not, have happened. "Outgoing Third Year Directors did not run the election and, as a result, the job fell on me," Cosentino claimed. The new President had permission from the board to run the elections, the way he did. Most agreed the President-Elect had run the elections in an impartial way. Buskus withdrew his motion when Cathy Kaman, incoming Vice President, was successful in amending Buskus' motion to include acceptance of the presidential election results. The board also decided to hold the run-off election for Secretary today and tomorrow, March 16"and 17. As the meeting droned on into its second hour, a newly elected SBA memberobserved loudly, "Nothing has happened here tonight" Someone shot back, "Nothing has happened here in two years." And so it goes. Hopefully, once the new board meets at itsfirst sanctioned meeting, it will have learned from the old board how not to run a meeting. Since this body will probably never again March 16,1978 Opinion 9 �Sorry, wrongnumber i TELEPHONE LOG / SBA OFFICE PHONE July 17-August 12, 1977 ■• • Lowell, Mass. Quéens, New York 8:53 9:08 Sunday, July 17, 1977 Time Destination ofCali Amount Z' 6:53 Yorkstown Heights, N.Y.2.27 Monday, July 25, 1977 7:47 Lowell, Mass. Yale Information 1.57 7:43 7:53 New York, New York .67 7:55 Queens, New York 5.26 Tuesday, July 26, 1977 Lowell, Mass. 8:18 8:23 Lexington, Mass. 10.60 8:26 Yale Dorm Room* .31 Wednesday, July 27, 1977 Yale Information 3:31 20.68 Yale Admin. Office 3:32 New York, New York Monday, July 18, 1977 3:39 Lowell, Mass. New York, New York 2.36 4:41 2:50 Lowell, Mass. 2:55 Yale Information 9:03 1.80 Lowell, Mass. 3:03 Yale Dorm Room 9.32 .48 Lowell, Mass.** 3:04 .81 Lowell, Mass. 7:49 3.31 8:04 Yale Dorm Room 22.62 Friday, July 29, 1977 Yale Dorm Room 31.38 4:43 Lowell, Mass. 4:49 8:10 Yale Dorm Room Tuesday, July 19, 1977 2:15 New York, New York 2.36 Queens, New York*** 8:05 .94 8:08 Lowell, Mass. 4.81 Saturday, July 30, 1977 Lowell, Mass. 1:42 705 Yale Dorm Room 1:44 2.53 Lowell, Mass. Wednesday, July 20, 1977 3:45 New York, New York 3.42 3:54 2.13 Cambridge, Mass. 6:01 Yale Information .48 Sunday, July 31, 1977 Lowell, Mass. 7:33 3.31 7:49 Yale Dorm Room Lowell, Mass. 7:48 607' 7:50 Valleystream, N.Y. Lowell, Mass. 8:16 10:09 Yale Dorm Room 2.24 8:25 Yale Dorm Room .31 ' _ , *** . s - Queens, New York*** Lowell, Mass. , ' • , Monday, August 1,1977 J 7:45 MaSs. ■ Lowell, 8:05 3.45 Yale Dorm Room 8:24 Yale Dorm Room Saturday, July 23, 1977 6:28 6:32 . . ' 18.44 Friday, July 22, 1977 Lowell, Mass. 4:41 - .67 .45 ■ Tuesday, August 2, 1977 . 1:54 Lowell, Mass. - 1-12 ' 4.60 .48 2.46 1.83 1.80 .31 7.39 14.27, .48 9.06 .31 9.85 - 2.55 .31 5.46 .31 6.08 4.60 3.74 .52 8.82 30 24 y Tuesday, August 9, 1977 5:52 Lowell, Mass. 6:07 Valleystream, N.Y. yl Wednesday, August 10, 1977 8:02 Lowell, Mass. ■ March 16, 1978 . 3.95 • • 27 01 \ Friday, August 12, 1977 9:20 am Queens, New York 9:21 am New York, New York 10:19 am New York, New York 1.30 1.30 6.07 8 67 TOTAL Long Distance Chargés, July 17 - Aug. 12 $285 55 EXPLANATION OF CALLS: .81 4.44 1.30 17.04 5.88 28.66 * Of the 20 calls to the Yale Dorms, 19 were to the same room, the one exception was a call for $.19. All calls to Lowell, Mass. were to the same •' number. Number in Queens, N.Y., of former S.B.A. treasurer, Jeff Licker. All calls were in the afternoon or evening unless marked "am".' '** *** is holding an OPEN HOUSE Thursday, March 16 from 9:00 a.m. to 5:00p.m. . 3.10 7.42 . 1052 Thursday, August 11, 1977 8:00 Yale Dorm Room 2.67 8:12 Valleystream, N.Y. 5.80 8:34 Queens, New York*** 3.10 8:54 Queens, New York*** .67 8:59 Yale Dorm Room 11.25 9:51 Yale Dorm Room -3.52 - .19 .19 2.17 1.30 1.30 1.14 1.30 2.79 7 83 Monday, August 8, 1977 6:56 .31 Lowell, Mass. 6:57 Yale Dorm Room .31 7:0 8 2.88 Lowell, Mass. 8 :19 Yale Dorm Room 22.83 10:06 Queens, New York*** 3.91 BUFFALO LEGISLATION PROJECT Cosentino claimed he had no knowledge that his wife had made any long distance phone calls in July and August. After talking with Cosentino, Ms. Bernstein expanded upon her earlier statement to Opinion. "Jeff [Licker] and I assumed the [fiscal] year was from September to September," she said. "Basically, it is our fault Andy didn't know about the earlier bill," Bernstein indicated. An analysis of the telephone log for the 30 days from mid July to mid August indicates that almost all the calls were eithermade by the same person, or with other persons' knowledge. The calls to Lowell, Mass, were often made minutes apart from the calls to the Yale Dorm rooms. Moreover, calls to Licker in Queens and, Cosentino's home in Valley Stream were also made at the same time calls were made to Yale and Lowell. For example, on July 19, 1977, a three-minute phone call was made to Licker in Queens. The call was made between 8:05 and 8:08. At 8:08, someone tailed Lowell, Mass. Long distance-calls were made almost everyday from July 17 to August 12. On one day in July, calls totalling $31.38 were made. A Monday in August yielded a phone bill of $30.24. Opinion Friday, August 5, 1977 1:28 New York, New York 28.10 1:30 New York, New York 1:31 Yale Information Queens, New York 1:35 Lowell, Mass. 3.i2 2:20- .. — continued from page one 10 8.39 2.45 7.15 v Wednesday, August 3, 1977 2:06 Lowell, Mass. Sunday, July 24, 1977 2:20 Queens, New York 11:36 am Yale Dorm Room .19 7:29 Yale Dorm Room 11:38am Yale Dorm Room .19 8:49 am Lowell, Mass. 11:40 3.88 Bridgeport, Conn. Queens, New York*** 3.64 12:09 10.60 | Yale Dorm Room 8:04 Summer phone bill. a ' Everyone is invited to come up and /earn about BLP. Information on how to apply for membership wilt be available. Refreshments will be served. l i �Allen to teach at lowa Law School by Tim Cashmore Headrick said he would be "disappointed" if Allen decided to stay at lowa. "I think this law school has a brighter future," he said, "because of the strong faculty we're building, .of which Alien is a part" It may be the law school's nature to attract talented young law professors, only to have them leave after they have been at the State University of Buffalo for a few years. That possibility was suggested by Associate Professor Ronald Allen, who recently announced that he would be serving next year as a visiting law professor at the University of lowa after four years at ÜB. "It's difficult for the law school to match outside offers when professors become attractive to other schools," he said. Allen noted that the school suffers somewhat in regard to salaries, research money, research assistants, secretaries and library resources, but added that there has noticeable improvement recently, especially, in the areas of salariesand research money. Dean Thomas Headrick agreed that other law schools look to Buffalo for law professors. "Any law school like ours," he said, "that has concentrated on going after strong young faculty members and whose reputation among law schools is stronger than its overall reputation is a prime target for other law schools looking for good faculty members." Headrick said that the law school is getting closer to changing this condition. He said a proposal has been made to Albany for a separate salary scale for law professors in an attempt to make UB more attractive in that respect. SBA Investigation «__M*—M_B_MlHt rand I chavis In addition, Headrick wants to tie tenure to promotion, so that the granting of tenure would elevate a person to full professorship. He noted next year will see the return of two UB professors Martin E. Lybecker and Louis A. Del Cotto who left last year. Meanwhile, Allen has become the first professor of the year to announce his departure.' The fear that there could be a repeat of last when eight professors left year the law school was strengthened by the Dean's admission that "a couple" other, professors had spoken to him about leaving. He declined to reveal their names. Allen emphasized that he intends, at this time, to return to Buffalo in a year. "There's an eighty percent chance that I'll be back," he said. But he made clear that he would consider any permanent offers which the University of lowa might make. - — — - ... Secretary Andrew Cosentino. Three SBA officials If Allen is offered a position at lowa, he said there will be more factors in his decision than salary and resources atone. For instance, he will have to compare the "quality of life" at Buffalo and lowa City. In addition, Allen finds that ÜB's "schizophrenic existence for the last five or six years is detrimental. It impacts negatively on the educational mission. It removes the 'feeling' of a university setting." One of lowa's prime attractions, he said, was that it had a "campus," which meant speakers, events and major college sports. Allen insisted that he was not leaving because he was disillusioned with the law school. "This is a good law school," he said. "One of the few as good as its reputation. It has tremendous potential, a diverse faculty, which makes it interesting, and personally, I've been productive here." But, noting the failure of the state to continue construction at Amherst, he said, "there is a risk that the state system is letting its the University of best segment Buffalo go untended or, perhaps more than that, deteriorate." - - - continued from page one his wife Were actually made by Cosentino; (2) that he (DeWaal) along with Buskus had good evidence to support this position and (3) to the best of his knowledge, all phone bills were not as yet paid back. On March 5 at approximately 9:30 pm, Buskus confirmed the existence of evidence alluded to by DeWaal on March 4 and offered to furnish said evidence at a March 6 meeting to be attended by Buskus, DeWaal and Opinion reporters. In addition, Buskus said he would furnish a copy of a recent SBA telephone bill. On March 6 at approximately 2:30 pm, DeWaal categorically denied making any and all statements on March 4. Buskus said that he placed a copy of the phone bill in his SBA mailbox that morning (the morning of March 6) and that it had since been removed by someone unknown to him. The phone bill was therefore unavailable to Opinion reporters. As to the evidence alluded to by DeWaal on March 4 and confirmed by Buskus on March 5, Buskus refused to provide any detail. However, Buskus subsequently said that the information he had could be interpreted by some to be incriminating against Cosentino and that it certainly "could not help informed Opinion that DeWaal presented a motion to charge a committee to impeach Cosentino as Secretary. This motion was defeated. In addition, the SBA gave Cosentino a "vote of confidence." It appeared that a majority of the SBA was satisfied by Cosentino's explanation regarding the circumstances surrounding the phone calls in conjunction with his willingness to pay the phone bills promptly. (Opinion has recently been informed by Bernstein that Cosentino's share of the SBA telephone bill for the months September through December was 50%. which amounted to approximately $135. Others have come forth and paid for their calls. Bernstein points out that these other calls are minute as compared with those calls made by Cosentino. Cosentino confirms this point.) Cosentino's explanation was that he did not make the approximately $135.00 worth of phone calls Dec.) but that his wife made these calls. (Sept Cosentino claims that these calls were made (1) without his knowledge and (2) without his wife's knowledge that the SBA would be charged. He claims that his wife was under the impression that out-of-state calls (which represent a majority of the him." calls claimed by Cosentino) could be made on the DeWaal and Buskus were asked why they SBA phone without any additional charges to the suddenly changed their position from total SBA. cooperation to virtually complete silence. Both It should be noted that Bernstein informed suggested that the change was a result of their Opinion that to date Cosentino has paid for all of independently drawn conclusions that the Faculty the calls he has claimed between the months of Student Relations Board, and not Opinion, was the September and December, and has issued blank proper, forum to present their evidence. They checks tq the Treasurer for any calls that may appear expressed their fears that if there were to be any in future phone bills. FSRB hearing against Cosentino, their evidence, if While the majority of the SBA was apparently supplied to Opinion, might be prejudicial toward the willing to accept Cosentino's explanation that his administration of a fair hearing. wife made the calls, at least two members of the Both DeWaal and Buskus stated that they would SBAvWere not as convinced: Mike Buskus and Gary be willing to come forth with their evidence should DeWaal. said FSRB proceedings be instituted. Asof March 9, On March 4 at approximately 12:30 pm, DeWaal Cosentino indicated that he was trying to contact to this made a number of statements pertinent at possible FSRB proceedings on least Ken Joyce regarding (1) He stated: reporters. Opinion to inquiry matter. t the some of the calls Cosentino claimed were made by - ' LAW AND ECONOMICS WORKSHOP The faculty of the Law School and Economics Department announce the receipt of a grant from the Christopher Baldy Fund for the Law and Economics Workshop for spring semester, 1977-78 and fall semester, 1978-79. The Workshop will provide a forum for the discussion of research-in-progress by distinguished scholars from other institutions and the faculty of SUNY, Buffalo. The schedule for the Workshop for the spring semester is as follows: March 10: Ronald J. Allen, Law School, SUNY, Buffalo — "In re Winship: A Comment on Burdens of Persuasion in Criminal Cases." ] March 24: Kenneth I. Wolpin, Department of] Economics, Yale University "Capital Punishment and An empirical Homicide: The English Experience" study of the deterrent and incapacitative effects of capital punishment in England, 1894-1968. April 14: Henry B. Hansmarin, Law School, i University of Pennsylvania "The Role of Non-Profit J Enterprise." j April 21: B. Peter Pashigian, Graduate School ofj Business, University of Chicago "Occupational j Licensing and the Interstate Mobility of Professionals" ] An empirical examination of causes of differential] mobility across professions, in particular the substantially; lower mobility of lawyers, considering licensing restrictions, reciprocity, and the importance of the knowledge of state law as professional capital. April 28: W. Howard Mann, Law School, SUNY, Buffalo "Powell v. McCormick." Future speakers at the Workshop will include Bruce Ackerman of the Yale Law School, Richard Markovitz of the University of Texas Law School, and Richard A. Posner of the University of Chicago Law School. The Workshop will meet bi-weekly on Friday afternoons from 3:30 to 5:30 pm in Room 708, O'Brian Hall. Copies of the papers will be distributed to Workshop participants on the Monday prior to discussion. A limited number of papers will be available for student participants in Room 523, O'Brian Hall and will be placed on reserve in the Law School Library. Each Workshop participant will be expected to have prepared criticisms of the paper prior to the meeting. Faculty members and students interested in participating in the Workshop should send their names and campus mailing addresses to Professor G.L. Priest, Law School, 418 O'Brian. — — — — — - Orientation Meeting Do you remember how you felt when you first came to UB Law School? Did Orientation serve any of your needs at that time? The Orientation Committee is getting an early start this year in planning next fall's Orientation program If you have any ideas which you would like to express on this subject, or would just like to get involved in something worthwhile, please join us. There will be an open meeting for interested students and faculty on Tuesday, March 21 at 3:30 pm in Room 106. Hope to see you there. ATTENTION A Constitutional Law/Law and Philosophy group is forming in the Law School. All students and faculty with an interest in constitutional law, law and philosophy, jurisprudence, and legal and constitutional history are encouraged to become involved. A meeting will be held on Thursday, March 16,1978at 3:30 p.m. in O'Brian, Room 107. March 16,1978,, Opinion 11 �Kaman Win; Cosentino, $ Election Results \ First Year Turnout High J 3 S S 5 5 VOTES 163 65 54 282 Andrew Cosentino TedFiretog Others and Blank TOTALS 2 Vice President 2 fi k S X 8J J 3 2 Madeline Bernstein Others and Blank TOTALS Constitutional Amendment Yes No Blank .TOTALS 100% £ 34 k »1 SJ 29% 20% 9 51% 3 100% k 82 56 141 279 5 Treasurer k 23% 19% 9 51% 33% 16% 100% 145 94 44 283 Cathy Kaman David Alexander Others and Blank TOTALS _j Secretary S J. Ted Donovan S Richard Bedor* fi Others and Blank TOTALS candidate *Write-in fi t ' PERCENT 58% 172 106 278 62% 38% 100% 220 33 31 284 77% 12% • 11% 100% BJ 2 Third Year Directors (6 Elected) JimMaloy 71 65 Mary Anne Cupo 64 Tom Bender 63 Claude Joerg 52 Jeffrey Licker 51 John Batt 25 Gary DeWaal 7 Others and Blank TURNOUT: 90 72% J 71% 70% J 58% 57% J 28% J 8% 2 Second Year Directors (6 Elected) 105 Gladys LaForge 105 Bonnie Cohen 88 8 Dwight Saunders 83 1 Mike Shapiro 81 S Dwight Wells 5 Lewis Steele 78 76 Mary Kloepfer 51 Patrisha Armstrong 48 2 Jerry McGrier 6 Others and Blank TURNOUT: 168 63% 63% 52% 49% 48% 46% j 45% 5 30% 2 29% fi 4% \ S J J J S 2 fi fi VOTER TURNOUT %Class S Ist Year 1 2nd Year 13rd Year 79% J J Donovan J This J. Tedyear, as a J First Year Director I ofserved the SBA. past My greatest concern has been that the SBA work to its full capacity. For example, two SBA committees never met last term. As a result of my efforts, in I was appointed Chairman of one of these committees Student Affairs. Since my appointment, we have met, discussed student grievances, and conferred with Dean Headrick. At our meeting with the Dean, we successfully lobbied for longer library hours during the Research and Writing memo assignment. We also discussed ways of ensuring the faster grading of exams, including the possibility of administratively imposed sanctions against professors who post grades late. As a member of the Student Life Committee, I have helped organize the upcoming Law Revue show. If elected Secretary, I would continue organizing events which bring students and faculty together in an informal atmosphere. My other work on Student Life has concerned University housing. I have spoken to the Law School Administration, as well as the University Housing Director to ensure that while the University is cutting back the number of graduate student beds, the needs of the Law School are not forgotten. Amont these needs are the demand for more single rooms in Ellicott, and a ban on placing February - Turnout 168 90 30 288 Class Size 360 231 274 765 UUABCOFFEE HOUSE presents BILL STAINES "The Boston Yodler" March 17-18 8:30 pm Cafeteria 118, Squire Hall Main Street Campus ALSOAPPEARINGMIMII John simson editor-musician (he's alio very humble) Opinion March 16,1978 passed. The amendment allows the student government to appoint its own representative to Sub-Board I, Inc.. Previously, the Vice President held this post ex-officio. 77% of the students voted in favor of the proposed change, while 12% were opposed and 11% couldn't care less. In the race for Third Year Directors, Jim Maloy was top vote-getter with almost BQ% of the vote. Mary Ann Cupo, Tom Bender, Claude Joerg, Jeffrey Licker and John Batt all won seats on the board as well. Gladys LaForge and Bonnie Cohen led the voting for Second Year Directors, each receiving 63% of the vote. Dwight Saunders, Mike Shapiro, Dwight Wells, and Lewis Steele rounded out the list of second year winners. Ms. Kaman was elated when she discovered she had won the Vice Presidency. The newly-elected Veep wants to increase library services. She would like to see the SBA put typewriters and additional copying machines in the library. "I am planning on directing a lobbying effort in Albany to get the Legislature to increase TAP and SUSTA funds," said Ms. Kaman. Secretarial Candidates Bedor and 2 Donovan in Run-off; I 8 Election today and tomorrow Percent 65% 39% 11 JJ "38% TOTALS J<jp2Pgp-p^_P_o_V!_P_o_o_f_o-O_MO-0-f-iV-l'5K-K-HO-^_! 12 Andy Cosentino swept to a surprisingly easy victory over Ted Firetog in the recent SBA elections. Cosentino garnered 58% of the vote. Firetog was only able to poll 23%. Turnout was high for a student government election. 38% of the law school voted. The first year class led the way with an amazing 65% turnout. The % second year turnout was 39%, while third year fc students, obviously more interested in job hunting than in next year's student government, had the lowest turnout, a paltry 11%. A major reason for the high first year turnout 1 j may be attributed to the candidacy of Cathy Kaman, a first-year student running for the office of vice president. Ms. Kaman won the post with 51% of the vote. David Alexander was only able to pick up 33% of the vote. In the race for secretary, a strong write-in campaign for Richard Bedor has forced a run-off I between Bedor and J. Ted Donovan. Incumbent Madeline Bernstein ran unopposed and easily won re-election as SBA Treasurer. An amendment to the SBA constitution restructuring the duties of the Vice President also !VJ Cathy Kaman Andy Cosentino J. Ted Donovan students in four-person rooms. Through Student Life and my participation on the Orientation Committee, I am also trying to provide some means of finding apartments for next year's freshmen. This may be especially important if the Off-Campus Housing Office is unable to operate this summer. As a member of the Distinguished Visitor's Forum and the Mitchell Lecture Committee, I have helped to find a widerange of qualified speakers. If elected, I will use my experience in this area to better utilize the DVF budget in order to obtain even more speakers next year. As Secretary, I will continue to push for the needs of the students. I will encourage the SBA to continue in itsefforts to obtain typewriters, copying facilities, and a change machine for the law students. I believe that I represented you well during the past year. I would like to have the opportunity to continue representing you next year. Thank you for your vote. law Richard Bedor Richard Bedor The SBA should be actively involved in creating a stimulating academic environment at the law school. Acquiring additional xerox facilities and a coin changer are only minor problems. More importantly, the SBA must actively assist the administration in filling the Placement Director's position immediately. It must be involved with efforts to attract and maintain a high quality faculty. Additionally, it should consider new programs. For example, a law school speaker program should be contemplated. Running for the SBA is a serious matter. I am running for the position of secretary because I believe I can help resolve these prevailing problems more effectively than my opponent. Unfortunately, the existence of unopposed candidates has indicated a lack of confidence in the SBA's ability. I hope I can modify this attitude by proving the SBA can be effective. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-03-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/16/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/607c66b6ca712f7449e6efaec1c34821.pdf 743e9ca9e9cb159f62dfb87186b1eaf3 PDF Text Text Placement Office seeks new Head by Tim Cashmore The departure of Jay Carlisle as director of the Law School Placement Office should not hinder its operations according to Dean Thomas Headrick. "Jay had to set up the internal machinery of the office," Headrick said. "Now it's set up." Carlisle left his post as Associate Dean of Placement on February 1 to take a similar position with Pace University Law School in New York. Headrick said that Carlisle left because his wife was in a doctoral program at Columbia University and did not want to return to Buffalo. Audrey Koscielniak a former assistant in the registrar's office, has been made Assistant Director of Placement since Carlisle's departure. She will continue to be responsible, even after the arrival of a new placement director, for the internal operations of the office, such as career days, interview arrangements and the job bulletin board. Carlisle's replacement will have broader responsibilities and serve as a sort of • "assistant dean for external affairs." He/she will continue the job that Carlisle started in cultivating outside employers, and work on alumni relations, continuing education and fundraising activities. Headrick is heading up a search committee for the new director and said that the choice should be. made between late March and early May. He said there are about eight candidates for the job. The new director, he said, must have practiced law for three to four years and possess outstanding personal characteristics such as imagination and self-motivation. Actual experience in the field of placement was not crucial. "Jay had no experience, but he felt comfortable meeting people," the Dean said. Headrick credited Carlisle with building up the placement office to the point where it can find jobs outside of Western New York for 75 per cent of the law school's graduates. Two years ago, when Carlisle arrived, Headrick said, "There was not much focus on placement. Jay tried to expand the opportunities. He was responsible for going outside the local area.". Headrick said there were three basic ingredients needed to reach his goal of giving thelaw school a national reputation. "First," he said, "we need a faculty which is recognized nationally. Second, we have to place students over a wide geographical area. Third, we need alumni groups spread out nationally. The second and third ingredients go together." Headrick said the faculty is already well recognized,* and that Carlisle began a process of placing students across the country, thereby creating a national consciousness among alumni. Despite the emphasis on placing the school's best students in better law firms around the country, Headrick does not believe that students in the middle or bottom ranges of their classes are being hurt. Former Director Jay Carlisle "You want to open doors," he said. "You want to encourage firms to look at your best students. But there is a filtered-down effect." He explained that, since the best students are going elsewhere, the jobs that they would once have taken with local law firms are now open for students with less impressive credentials. "There is a need," he said, "to widen opportunities generally." Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 18,Number 7 State University of New York at Buffalo School of Law Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 March 2, 1978 Newhouse appointed permanent law librarian by appointment, J.R. Drexelius Professor Wade Newhouse has been" named law librarian for a term extending through the academic year 1979-80. The joint announcement was made by Saktidas Roy, Director of University Libraries, and Thomas Headrick, Dean of the Law School. Dean Headrick indicated the Newhouse appointment was proposed by Director Roy. However, Headrick claimed he had hoped to make Newhouse acting librarian in September of 1976 but was blocked by then Director of University Libraries Eldred Smith. "When I came in, the library had no head, I needed someone right away," the Dean said. "The Director of University Libraries has veto power over the without his concurrence," Headrick said, "I couldn't domuch. "I did what I could. I appointed Wade Newhouse Associate Dean and named Mabel Jepson and Louise Tucker acting co-librarians for a year. It was clearly an interim solution," the deanrecalled. "Wade Newhouse is probably better than anyone we could ever find," the dean said. "Particularly for the kinds of problems we've had developing a good working relationship with University Libraries and gaining some control over the budgetary needs and resource allocations for the law library. > Director of University Libraries Roy felt Professor Newhouse would be a strong asset to the law school. "The law school needed a It's Ham! It's Wonderful! It's All We've Gotl The Law Revue Sunday, March 19, at 7:30 p.m. Talbert Hall Starring: > Dean Thomas Headrick Nancy Peck Fred Konefsky Thomas Cook John Henry Schlegel Billy Martin Janat Lindgren Mike Shapiro Andy Spanogle Jim Atleson . And a cast ofjßßmflffffi" ... Reviewers Comments: JjjrraduigTJ".■ about thirty? Schlegels" reading from the U.C.C. is a The Garden Variety Law School must. -Donna & Rax Read goes to Pot -"Opinion" strong person. What we're doing is to try to straighten out the problems which have existed between the law school and University Libraries," Roy said. "I think the situation will improve if Wade is in charge for 2-3 years," the director indicated. The dean admitted the appointment was made after the law school failed to attract any top librarians to the job. "We were not going /to be successful in recruiting a top-notch law librarian because of the reputation and the gossip about what had gone on here in the past," the Dean said. Given the conflict which existed between University Libraries and the Law School, it became clear, said the Dean, that we could not attract any top librarians until a new Director of University Libraries was found. Dean Headrick said the Newhouse appointment as acting librarian came last June after a meeting between Academic Vice President Ronald Bunn, Executive Vice President Albert Somlt, the dean, and Acting Director of University Libraries Roy. "We needed strong leadership," Headrick claimed. "I expected Wade would serve out the year and I expected a late winter appointment of a new Director of University Libraries," Headrick indicated. "I expected a search for anew law librarian to commence in mid-January. However Wade's success in dealing with the problems which had plagued the relationship between the The other theory is to focus on University and the Law School led the quality of library service to Roy to suggest the appointment the particular students and of Newhouse as permanent law faculties in various disciplines. librarian. The most important concern is "I was delighted," said service to the particular faculty Headrick. The dean said he' was pleased with Newhouse's handling of the library situation. "Since Wade was named acting librarian," important first steps "have been made toward a working relationship with University Libraries," he claimed. "Although the problems between the Law School and University Libraries has not been resolved, as a result of Professor Newhouse's .efforts and acumen, we have found ways to work on the problems of the past," the dean said. Professor Newhouse has "inspired considerable confidence on the part of the University Libraries staff, the Law faculty, and I hope the law students, in his running of the law library," Dean Headrick observed. The dean spoke of the basic organizational conflict between University Libraries and the Law School. "The conflict has been here for a long time. It reflects differences in basic organizational theory about how to ran libraries," he said. One theory treats the Library as a single service unit and then tries to organize it into subdivisions to serve various parts of the University. The most important concern is what is most efficient and students. "Law schools have always operated under the second theory. It is best to serve the students and the law faculty by placing the library at the law school, under the control of the law faculty and law school," Headrick said. "The University holds to the first theory," he claimed. "But we are moving to a middle ground. The law school realizes the need to use the resources and power of the central library. The University centralizers are realizing their theory leads to conflict and no real increase in efficiency." The dean felt Professor Newhouse has made major contributions to finding the middle ground. Roy said he wanted Newhouse to stay on because of the good working relationship the two men had. He did not feel Newhouse's lack of experience would hinder him. "Wade Newhouse, since 1967 has been involved in the Library. He has no library degree, but he knows about the situation. We need someone who can get the work done," Roy remarked. Roy also said that Newhouse would soon be-looking for a new number two man at the law library. Roy indicated he expected this person to have excellent credentials in library continued on page six �From the Editors Bitch Tickets the orientation it takes in its policies, and the economic 16.12/1/77 Bums ( COMPLAINT: One of thereasons why the xerox machines questions it faces. Thanks. Artie be subject catalogue entry are always out of order is that they are overused. Can't RESPONSE: Our Reserve Banks." "Federal What straightforward pretty not something be done to restrict their use to law students; probably confused you was the main entry "United States Board of Governors of the Federal Reserve" this is their formal title. We will put in a "see" reference from the U.S. Federal Reserve Board. Because of past budgetary problems, our collection development usually depended on immediate faculty and classroom need. We are beginning to receive more funds and are formulating a more rounded collection development as to what the library wants to collect on governmental agencies which are not directly studied in the law school courses. it We appreciate your comments about the collection would help us if we got more feedback on users' needs and their actual use of the collection. As a side note, you should find a lot of new books and materials coming into the library in the next few months. We hope you'll find these useful. necessarily all the time, but at least when lines begin to form? Why should we wait half-an-hour because people from both campuses want to take advantage of the nickel-a-page price tag on these machines? RESPONSE: No we cannot and will not restrict the use of the copy machines. Placing a restriction means having to enforce it and we have not the staff nor the frame of mind to become a policing institution. We have placed a sign requesting that users limit themselves to ten minutes. Be assertive and inform the person who is abusing the service. We ask your patience we are working on the problem of A call for balance Early in the semester, a memo was circulated by Dean Headrick pertaining to the under-enrollment in a substantial number of courses. While we feel that scheduling problems may have accounted for some of the problems, i.e. that there were four courses given this the copy machines. semester pertaining to the Judiciary and none last semester, the greater problem appears to be 18.12/13/77 COMPLAINT: Are the xerox machines making a profit for student disinterest. the University at $.05 a copy, or are they subsidized? Admittedly, the paranoia of the New York RESPONSE: Any profit from the copy machines is placed Bar, or any other, sets in early. It does not matter in a general equipment fund for the University Libraries. how soothing the professors of first and second The Law Library sees none of this money - yet we must year students attempt to be. By the student's maintain the machinesr The machines are not subsidized. third year, the blank face, the rush to New York Practice, all lead to only one Conclusion: Fear. 19.12/13/77 ' This fear, coupled with the desire to squeeze COMPLAINT: The 10-minute rule on the copy machines in all those courses that somehow escaped the makes no sense at all if you can evade the rule by taking to copy LARGE student for two-and-one-half years, combine to xtwo or three people into the roomassume the goal is volumes of materials. One would "Bar" "Real" enrollment or large in create a machines, expensive Other, turnover. even more though courses, and poor representation in seminars and are available to those who have BULK copying. Buffalo model courses. RESPONSE: The three people who brought rise to this Perhaps the answer is in admissions. (See question were making three copies of one item. Had each Opinion Editorial October 20, "Garden Variety person stood in line to copy the item separately, it would Admissions.") Or perhaps this only points toward have taken more time. the need for better planning of curriculum. We The problem may really be that the copy machines in the realize it is hard to plan ahead in view of the large Law Library are intended for copying law-related materials scale turnover in the past year, but attempts only. This service is obviously abused and signs will be should be made soon, by the APPC, by the posted at each machine to this effect. faculty and administration to deliver to first year '-•:---'■.-:>>:-::•>;students, a schedule of courses to be offered over 22.12/19/77 sign on the study rooms on the third COMPLAINT: The the next two years. say that there is alternate.space on the 4th, sth, 6th When planning, it should be remembered that floor and 7th floors for anyone who is riot a law student and third year students will not take seminars in their requires a room to study in. On the 18th of December, I last semester, as extensions and incompletes was kicked out of one of those 4th floor alternatives cannot be granted. It is hoped that more balanced because some law student had it reserved. schedules can be produced in the future, and that Why were they indicated as alternates if you went ahead more students will respond to the great variety of and reserved them anyway for law students? That is highly areas in which legal studies can be pursued. unfair to me to be interrupted in the middle.of my studies arid forced to leave. I have nowhere to study now, not to - - - 1/30/78 Rep. Serv. It was supposed to be in Prof. Spanogle's office. It was not it is Prof. Priest's. 2. I was supposed to hunt down L. Tribe's new book for a seminar. The book is not listed in the ~ird catalogue. I told my professor that it is not in the library yet. Tonite, I discovered itis on reserve. 3. I am looking for a constitutional law text book by Paul Brest. It is one of the leading texts in Constitutional Law. It is not listed in the card catalogue under the author's name. I realize the difficulty of keeping a library in order. - It is aggravating though, when we have a library with a scarcity of resources and the resources are misplaced so as to make their use quite difficult. RESPONSE: 1. Our UCC looseleaf holdings: The UCC Case Digest, published by Pike and Fischer', is in the Faculty Library. The UCC Reporting Service is on reserve as well as in Prof. Priest's office. Some of the professors request the specialized looseleafs for use in their offices. Since courses-and-pFofessors change constantly, there, is a shift in who has what best bet is to ask the reference - x librarians or the circulation desk. -2. Tribe's new, book was published in Nov. 1977, .rush ordered and catalogued so it would be available on reserve when classes began. The temporary catalogue card was not rush filed. When you don't see a book listed in the card catalogue and you think we have it, ask the reference librarians. 3. Brest's constitutional law text has never been a required book for any law school courses. Our collection policy is mention the time I lost studying because I had to write out to only buy those texts which are actually used in our law school courses. However, this particular title has been this complaint. RESPONES: During the Law School exam period from ordered by a professor for the library collection. December sth to the 23rd the carrels in the library are available only to law students on a reserve, first-come first-served basis. Signs were"~posted on all carrel doors and the library's main doors notifying users of the carrel reserve policy. We are sorry that you were inconvenienced. "A Mixed Blessing" The appointment of law school professor Wade Newhouse as law librarian through 1980 [see library article, this issue] is, at best, a mixed blessing. While we greatly appreciate the self-sacrificing efforts of Professor Newhouse, we question their advisability. It simply is not realistic to expect one person to take command of an understaffed and under-funded law library while teaching an almost full course-load at the same time. It simply does not wash to say that no one would be willing to head the law school library without knowing who the Director of the University Libraries will be. If a law library director had been hired when the position first became available, much valuable work would have already been done to further the resources and reputation of the library and the law school as a' whole. We do not mean to denigrate the efforts of the present staff. They are doing their absolute best to cope with an extremely difficult situation. The time has come to abandon stop-gap measures, and to seek out a full-time law library director whose sole function will be to head the library. A search committee must be established soon. If we wait for the appointment of an overall university library director and for the end of Professor Newhouse's tenure as law librarian, too much time may have been lost to turn our law library into the top-notch resource that we need. The potential is there, and should not be frittered away through personnel delays and inadequate funding. 29. COMPLAINT: 1.1 have been trying to hunt down the Pike - - - * , Did We Make the Grade? jury is still out for students in the following courses: «w The Bell Torts COMPLAINT: Why do books have to be shifted on th<: Civ. Pro. I Breger shelves during exams? Specifically 4th floor 12/21/77 at Joyce Fed. Tax II 12:15 p.m. Grat. Trans. Joyce RESPONSE: We apologize if staff activity interrupted McCarty Contracts your studying. There was no scheduled shifting on the 4th floor on the day and time you listed. However, general 1 shelving must be done continuously to insure the availability of needed material. This is especially true at Vol. 18, No. 7 March 2,1978 exam time when books are pulled for a fast reference and then left unshelved. To help the students who require Editors-in-Chief these materials in their studying, we try to keep the shelves Kirn Hunter John Simson in order. Photo Editor Chavis 26.12/22/77 _l__^^^^ — ' 27.1/27/78 Why can't the librarians and the student assistants on the sth floor have some consideration for patrons, and not talk in loud normal voices? It is almost impossible to work on the sth floor because of the constant conversations by the employees. It seems that if the employees want to talk loudly, they can at least do so behind closed doors. RESPONSE: We apologize for any disturbances. All employees will be notified of your complaint. Thanks for voicing your frustrations. 28.1/28/78 COMPLAINT: The listings in the card catalogue for the U.S. Federal Reserve Bank seem very confusing. They barely tell what you have here on your shelves of the FED. Can it be corrected, and cant this library purchase more of the FED's literature? The collection now is really dismal, since it lacks depth in the actual operations of the FED, Business Manager . Randi Ted Firetog Staff: Bill Brooks, Mike Buskus, Tim Cashmore, j.R. Drexelius, Carol Gardner, Jason Poliner, Sheryl Reich, Thomas Saitta, Michael Schwartz, Mike Shapiro, Paul Suozzi, Dwight Wells, Jayne Zanglein. Contributor: John Arpey ' Copyright 1978, Opinion, SBA. Any republication of materials herein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion Is a non-profit organization, third class postage entered at Buffalo, N.Y. Editorial policy of Opinion is determined collectively by the Editorial Board. Opinion Is funded by SBA from Student Law Fees. Composition and design: University Press at Buffalo. March 2. 1978 2 �Wide World of Torts Close Encounters with the 3rd Grade In a surprising move today, Dean Thomas Headrick agreed to meet with Robert Ketter at Main Campus. Many in the Legal World were stunned by the move. Ketter, who has recently backed off from his earlier position that the Law School is an illegal state and should be destroyed, indicated that he might make concessions. Peace prospects however are slim. There are still too many disagreements over fundamental issues. Among the most significant are Headrick's demand that the Law state have its own autonomous library. Ketter on the other hand believes the library should be anonymous. The library dispute is further complicated by the settlements on the West Mezzanine of undergraduate students. These students preliminary hearing as weigh-ins "and generally likes to incite confrontations with defendants. He stares at the defendant and slowly indicates with his fingers how many years he hopes the defendant will get. Says Ropeadope laughingly, 'Sometimes 'I even have to use my toes!' "Ropeadope's latest tack has been addressing the press in poem as to how he feels about a particular defendant. This generally sparks,great scorn from the media, who, however are most pleased to print his poems and report on the confrontations he creates. "We spoke to Chief D.A. Ingemar Johanson about his behavior." 'Tlea bargains' are way up, the public response has been overwhelming. There's $500 prize and a chance to recite their own poem at a weigh-in of his/her choice." Op: "What about ties?" . Tex: ''Ties are broken by an intricate procedure involving whether or not any of the contestants are related to defendants, and whether any of the contestants jog over one mile per day." Op: "Why should it matter that some jog over a mile a day?" Tex: "Ties always go to the runners." (Sound of Defense Attorney Dying) "Last week's winner of Ropeadope's Ratings was Mildred Wildebeest. Mildred submitted the following poem: A Lobster's not Red, until she's been cooked, but you'll be a felon, as soon as you're booked. "Mildred was then allowed to make a sentencing recommendation in the case of Winifred Wildebeest, her older sister. Mildred asked that Winnie be given 20 to 25 at Bedford Hills for her part in a Gray Panther 'Free Dentures or Else' demonstration, last week in Nyack. The judge felt Millie's personal involvement in the matter had colored her judgment; and though liking the poem very much, sentenced Winifred to time served. "Ropeadope's antics have now been reported to the Greatest himself and it is rumored that Ali will come here to meet with his protege. The following poem was actually delivered by Ali in Manilla, where he is currently negotiating to fight with a typhoon." You recite poems, just like the champ you torment opponents, and turn their Robert Ketter, center, is flanked by top military aide's, as they contemplate an assault on Sears Law Library to protect undergraduate settlements. have occupied the library, carrels, and really nothing we can do. It would be zeroxing room since the infamous foolish to let a little ill-advised comment "Amherst" war of 1976. Headrick rob me of mybest prosecutor." "Ropeadope's weigh-ins are now filmed, maintains that these settlements are illegal, and Wiat the Law School will not make any and we will shortly be seeing one or two of concessions until these settlements are his classics. Here now is 'Arson Third' from disbanded. his recent N.Y. Review of Books Alternate It was hoped, in the legal world, that Selection, Poems of a Prosecutor. His alibi was that he was watching the creation "of a library State in nearby Talbert Hall would invite a retreat by the Johnny Carson, but the fuel can in the undergraduates. However, Ketter maintains basement means I've got him on an Arson. "Another Ropeadope standard is his that even after this new state is created, the settlements must remain; and that the confrontation with a Child molester University will fight to protect their affectionately titled by Ropeadope himself as, 'Close- Encounters with the Third , sovereignty. *■ Gcade-' or 'Ode to Roman Polariski From * * * Wide World of Torts travels this week to Afar.' You can try to run, you can try to many exotic places. Ralph.Stairsteps is in Rockland County, N.Y.;.Phyllis "Curious" dance, But we caught you in the men's George is in the Sierra Madre and John room with your hand in Billy's pants. You Simsoh is in the' lachyrmose environs of can hire fancy lawyers, but it ain't no use, John Lord O'Brian Hall at the SUNY at 'cause I got you dead to rights on a sexual BLA. abuse. "And now to Rockland County and "Some Rockland County defense Ralph J. Stairsteps. Ralph?' lawyers are up in arms over Ropeadope's "Yes, Johnny. This is Ralph J. tactics; and his outspoken conduct of Stairsteps, on permanent leave from SUNY trials. One attorney who agreed to an at Buffalo Law School here in Rockland interview was Tex Nicality. County. There is a new D.A. here in Spring Op: "Tex, why are you so upset with this Valley, and he's .captured the minds and new district attorney?" hearts of every citizen in this county. Alan Tex: "Well Ralph, he's a menace. I'm 'Fry 'Em!' Ropeadope, recently graduated particularly offended by the way he carves from the Al Ranni School of Law and notches in his briefcase for each Prosecution, has' taken this suburban conviction. Additionally, I think it's in county by storm. He's patterned his life poor taste jto publish your won-lost record particularly in the after controversial boxing star Muhammed ~in the daily paper -' Ali and we will be talking to him shortly. sports section." The comparisons between Ropeadope and Op: "What does he call these records, the champ apparently began early on in Tex?" Ropeadope's Law School career. His" habit Tex: "No Ralph, he doesn't call these of wearing Everlast Boxing Briefs to Civil records Tex.. ' They're called, Procedufe led to his first nickname of'Ali.' ROPEADOPE'S RATINGS: And even Ropeadope soon parlayed, this moniker more annoying is' that he invite's readers to' ihto a full-fledged routine where he would submit their own estimate of how many convictions :AI will_ get and how' many emulate his hero In every way. ■ • " "Ro|seadspe 'casualfy refers' a "his 'poems fie~wlll recite. The winnerreceives a* March $ "1978 .' palms damp. But you're justa fool, can'tyou see that I'm right? Cause I make 6 million, each time I recite. "Opinion was shocked by the recent turn of events in the fight world and was unable to arrange a last minute interview with Ropeadope following All's incredible loss to Leon Spinks. More Developments later. Now back to Ralph J. Stairsteps in Buffalo." ONE FINAL NOTE: South Korean Practice will be offered this spring. It will meet weekly in unnamed and unknown Washington Motel Lobbies. The course, in keeping with Buffalo's progressive stance in the leagueal world, includes the only in depth "HoW To" approach in learning to cope with such hard questions as how to ethically accept a bribe. * * * * Dean Headrick was "enthusiastic" A recent survey of third year students has generated more anxiety than any single event in this Law School's history; other than the bar or an Al Katz exam. Distributed in Njw York Practice, the survey represented a milestone in the careers of three UB Law students who shall remain nameless, so as to protect them and their families. I would like to stress here that I had nothing whatever to do with the survey, other than suggesting a number of categories that were in the end, disregarded. Although my name was used as the example, I was not responsible. (Though I am flattered by the category for which I was so aptly chosen.). I am not going to moralize and preach at those of you who were unnecessarily cruel and inhuman, but I will say that I was terribly shocked at most of the results. So here they are! All of the juicy rumors you heard about who won different categories will now be substantiated. One finally, those with higher social security numbers did win most of the categories. - Most Likely to Sleep With Sheep 347-35-6678 Most Likely to Get a Job During a Blackout-198-00-8789 Most Likely to Cause a Blackout -. 454-40-5434 Best Smile in a Losing Cause - 007-34-2123 Most Likely to Sleep With Llamas 347-35-6678 Most Likely to Get a Job During a Nuclear Attack 198-00-8789 Most Likely to Cause a Nuclear Attack Ibid. Amin Worst Smile in a Winning Cause - — Most Likely to Sleep With Shepard's 007-34-2123. 347-35-6678 Most Likely to Get a Job During an Outbreak of the Bubonic Plague 234-56 Most Likely to Cause an Outbreak of the Bubonic Plague Ratso Rizzo Best Leer in a Winning Cause 007-34-2123 Most Likely to Read This Column 347-35-6678 Most Likely to Get a Job in A Garden Variety Law School Rabbit W. Garden - - - - — Alan 'Fry 'Em!' Ropeadope 3 �Candidates' ! Statements SBA President Andy Cosentino I've served law students these past two years, first as a First Year Director, and this year as the Secretary of the SBA. This past year, as a member of the Finance Committee, I wrote the draft budget whereby we reduced expenditures by $3000. As President, I would OPPOSE the projected $10 student activity fee increase, instead seeking to make further budget cuts. As Rules Committee chairman, I wrote the draft of the new SBA Constitution that was adopted by the student body in last April's referendum. I have worked on the Social Committee to make Happy Hours and Parties, and hope to see more of these next year. If elected by you to be President, I will conclude the negotiations that I have conducted with the Law School and University Administration these past three months, so that SBA xerox and change machines will be placed in the library. My very first act as SBA President would be to seek a student referendum on the changes that have been proposed for the grading system and I would seek sanctions against faculty to eliminate the "late - grades" problem. As the ONLY candidate for President to have served as an SBA officer, I am confident that I have the experience and ability to serve you best. I look forward to continuing to serve the student body, with your help, both in the elections and in the ' LIST OF CANDIDATES J � President � � .Vice President + + Secretary (Choose 1) � Treasurer � (Choose 1) � 2nd Year Director Andy Cosentino Ted F'retog (Choose 1) 3 Cathy Kaman (Choose 1) X j v David Alexander J- Ted Donovon � � Madeline Bernstein Gladys La Forge Lewis (Choose 6) Steel Dwight Wells Mike Shapiro Patrisha Armstrong Mary Kloepfer Dwight Saunders Jerry McGrier � � coming year. Ted Firetog «^� +� � � � T Bonnie Cohen It's no secret SBA is suffering from apathy and disunity. This is unfortunate since the organization has the potential to become an effective mechanism for solving a great many important student problems e.g., the problems of our grading system, the revitalization of many student organizations, and the lack of duplicating machines. Therefore, it's time the self-serving walls of the SBA were torn down and the lines — of communication between it, the students, and the faculty reopened. A mere reshuffling of the old leadership will not alleviate the problem. I am running for the Presidency of SBA not for the ego trip or to further my political ambitions (Lord knows I'm no politician) but to serve the student body in the best way I know how, i.e., to effectively run an organization that was originally established to serve law students. . � � - Jeffrey Licker Claude Joerg 3rd Year Director (Choose 6) ' ; � � � W' t * John Batt Mark Bander Mary Anne Cupo JamesMaloy Gary Alan DeWaal —� � � � � ������������! SBA Vice-President Cathy Kaman : If elected to the office of SBA Vice to expand the Placement Office and must President, I plan to direct a lobbying effortt encourage the administration to fill the in Albany to get increases in TAP andI Placement Director's position immediately. SUSTA awards in order to bring them in 1 Sanctions must be imposed in order to line with probable tuition increases. I wantt eradicate problems caused by late grades. I to see SBA bring three much-neededI am the only current first year director on Mike Shapiro services to the law library: typewriters5 the SBA board who has attended every This past year I served as an SBA Ist available for student use, an additionalI meeting this year. Having worked hard for Director, f was a member of two SBA Year Xerox machine and a change machine. Inl the first year class, I'll work even harder committees, Finance and Rules, and I also addition, SBA needs to take positive actioni for theentire student body. served on the Faculty-Student Relations Board (FSRB). I have learned much about the SBA, other, "student and faculty organizations, the administration, and their Gary functional relationships to each other. This knowledge, coupled with my interest in The Student Bar Association is in sad long distance phone calls by officers and formulating policies in the best interests of shape. Since being elected as Second Year directors to the tune of over $300. Partly the student body, gives me confidence that Director during a special election two through my efforts, guilty parties are now I can help actualize our goals through my months ago, I have witnessed few repaying the.SBA for their indiscretions. If role as an SBA 2nd Year Director in the constructive actions by the organization re-elected, I promise to insure that the SBA coming year. that benefits students. Indeed, along with is a responsible organization, dispensing I am most interested in internal affairs another director, I uncovered a tremendous students' monies in a way beneficial to the which affect large numbers of students. abuse of the students' trust the use of greatest number of law students. For example, I was the first to informally the organization's telephone for private, suggest that the SBA should purchase a change machine to eradicate the difficulty in obtaining change for use in the vending machines. (Andy Cosentino brought the �formal motion before the Board, and the � Board finally adopted a motion to install Ltwo typewriters' and another Xerox in the library, and to have a 'student dispense change without inquiring about purpose.) Next year I hope to serve �on the Finance Committee again, and I � intend to propose a reallocation of 10% of club funds to the social .activities line to create an extra happy hour which the whole student body can enjoy. Although I have ideas of what the �student body would appreciate, I realize �my view is necessarily limited and �personally biased. I welcome you to submit to me, in my mailbox in the SBA office, 2nd Year Directors 3rd Year Director DeWaal — Be Sure ToVOTE sba elections to be held Thursday, March 2nd & Friday, March 3rd. Polling Race will be outside of library on 2nd floor. 4 f * - any ideas you have for improving the quality of life here. That is what I consider to be my most important function as an SBA Director. Please vote for me, Mike Shapiro, for 2nd Year Director. Thank you! ' Dwight Weils The University of Buffalo Law School has yet to reach .its potential as a place where the law student can obtain a truly diversified legal education. My first priority, if elected to the Board of Directors of the Student Bar Association, would be to work with the student body, faculty, and administration in order to more fully realize that potential. A question that must be answered is who really establishes the programs and policies of the Law School. When inquiries are made as to lack of course selection or other deficiencies, the standard answer seems to be, "There's just not enough money to do this, or do that." While lack of money can create problems, it also can be an inspiration to creative problem solving. The Association complains about the lack of attendance at their meetings. I believe this is a direct reflection of students' feelings that the Student Bar Association is doing little or nothing to make a difference. The Student Bar Association must work harder on understanding the important problems of the student body at large. My efforts as a Board Member will be directed toward creating an SBA capable of understanding and solving student problems. March 2, 1978 �Sobering Thoughts Bartender owes a duty to patrons by Mike Buskus The California Supreme Court, in a decision announced in January of 1978, held that a barterider could be found liable in negligence for the death of a bar patron resulting from acute alcohol poisoning. The case of Ewing v. C/overleaf Bowl - Cal.3d -, 143 Cal. Rptr. 13, -P.2d- (1978), reversed a lower court decision granting the defendant bar owner's motion for a nonsuit. In this case, on the day the decedent Chris Ewing, a father of two infant children, attained the legal drinking age of 21, he went into defendant's bowfing alley and bar for a few drinks. After the bartender learned that it was Ewing's birthday, the bartender gave him a vodka collins drink on the house. Over the next hour and a half the same bartender served him ten more shots of 151 proof rum as well as two beers. Although at one point the bartender cautioned him to "take it easy on this stuff," the bartender nevertheless served Ewing seven more drinks after that point. 143 Cal. Rptr., at 16-17. Chris Ewing later collapsed at the bar, never to regain consciousness. The next (horning he was found dead. A subsequent autopsy revealed that his blood alcohol level was .47 percent. Id., at 17. - Ewing's parents later brought a wrongful death action against the bar, alledging negligence and willful misconduct. The trial court granted the defendant's motion for a nonsuit. The order granting the nonsuit was affirmed by the intermediate appellate court. On appeal, the California Supreme Court reversed and remanded for-a new.trkli ••..•„•. Majority Opinion: The California Supreme Court, speaking through justice Tobriner, first posited that "[a] bartender owes a duty to a patron to exercise due care and incurs liability to the patron for the foreseeable injuries caused by the bartender's failure to exercise such care." Id., at 17. In so ruling, the highest California Court finally explicitly overruled the longstanding 1955 precedent of Cole v. Rush, 45 Cal.2d 345, 289 P.2d 450. In Cole, the same court had held that the proximate cause of Such an injury to a patron was the action of the patron in drinking the alcohol rather than the conduct of the bartender in serving the beverage. 45 Cal.2d 345, 356. In the interim since Cole, the California legislature had modified that rule of- law by enacting a provision making it a misdemeanor to sell alcohol to an "obviously intoxicated person." California Business and Profession Code 25602. The court then reasoned that taking the question of possible willful misconduct away from the jury was reversible error. Adverting to the bartender's experience and the decedent's young age and. inexperience, as well as the undisputed facts of the large quantity of high-proof alcohol served, the Court concluded that the bartender's actions suggested "not merely a want of ordinary care, but willful misconduct." 143 Cal. Rptr., at 20. Additionally, the Court discarded the trial court's finding of assumption of risk by decedent as a matter of law. Reasoning that "[t]the specific risk in this case is the risk of acute alcohol poisoning," the California Supreme Court policy is accomplished or violated if the actor is declared that such assumption of risk as a matter alone held answerable for his injuries." Id., at 25. Clark then fell back to his legislative of. law could only be established if the evidence suggested that either this decedent knew the prerogative rationale. He opined that "[in] sharp actual risk of acute alcohol poisoning or that contrast to the present court's proclivity to make every "patron of a bar who consumes ten shots of through judicial pronouncement, policy decisions 151 proof alcohol must know of the risk of acute of a legislative nature, the. Cole court properly alcohol poisoning." Id., at 22. Either such concluded it was not empowered to do what this conclusion, the Court declared, was for the jury court cavalierly does today." Id., at 25. and not the judge to decide. Analysis: Concluding, the Court emphasized the Like McPherson v. Buick Motor Co., Cole v. differences in experience between the bartender Rush represented a harsh judicial abnegation of here and the deceased patron, adding that: the inherent power of courts to delineate the "Yet" the trial court cast an armour of bounds of negligence liability based on protection around this entrepreneur based upon reasonableness. But, just as inevitably as an inflexible rule that a patron who suffers injury Henningson v. Bloomfield Motors redressed the from his own intoxication cannot recover from a imbalance in the privity of contract arena, Ewing bartender, no matter how negligent Or reckless the will lead the way in sensible assessment of bartender's conduct may be." Id., at 23. bartenders' liability. Much like the comparative negligence landmark of Li v. Yellow Cab Co., Dissenting Opinion: Justice Clark, in a dissenting opinion, stated Ewing represents enlightened judicial moderation that "I too am moved by the tragedy visited upon of an unjustifiable and excessively rigid doctrine. two minor sons of a young man who, cold sober, This is not to suggest that every bartender should be held strictly liable in tort to every intentionally sets out to drink himself into oblivion." Id., at 23. Nevertheless, Clark would drinking customer who could foreseeably drink have affirmed the nonsuit of the plaintiff. To too much and cast a self-inflicted wound upon support his view' of no liability, Clark cited herself or himself. Rather, this is to urge that approvingly Justice Rouse's opinion in the same arbitrary limits of liability like those imposed in Cole v. Rush, are simply untenable given the case below at the intermediateappellate level: "When the restraint of reason and the ability extraordinary facts and wanton misconduct of the to care for one's self are perverted by a conscious defendant in cases such as this. To ask any less of self-indulgent act of voluntary intoxication which our courts is to indulge in a blind stupor of temporarily casts off these powers, no societal or unreasonableness that no cold sober reflection personal wrong, nor violation of public or social could justify. Wake update In our last'issue, the Opinion printed an exclusive interview with itself on its terminal illness and pending demise. We are pleased to report that there are signs of possible recovery for the patient, in spite of the overwhelming odds against it Opinion Drs. Simson and Hunter have indicated that, while the patient's condition must still be considered grave, there has been some improvement. Opinion's staff deficiency has been alleviated a bit, and it appears that some real news may actually be printed in the paper. Opinion wishes to express its sincere thanks to those few individuals who came to its rescue at the wake held on February 14 While the turnout was lighter than expected, it is reassuring to the patient to know that there is at least a small, but dedicated (and slightly inebriated) group of people who are concerned about the possible death of Opinion. The future of the paper is still cloudy, Opinion will remain in the Greeley and and it is hoped that more students will Kane Memorial Hospital for journalism submit articles, cartoons, poems, etc. to jntil a complete cure is in sight. Cards, Opinion, even if only on a One-time basis. flowers, candy and copy will be forwarded If the paper is to survive another year, to the patient if dropped off in Room 623 more student input is needed now. O'Brian Hall. March 2, 1978 SUMMER LAW STUDY in Guadalajara Oxford Paris San Diego Phi Alpha Delta Legal Fraternity Meeting Thursday, March 2 at 2:30 p.m. First Floor Lounge Please Bring Membership Fees. For information: Prof. H. Lazerow U. of San Diego School of Law Alcala Park, San Diego, CA 92110 BUFFALO LEGISLATION PROJECT is holding an OPEN HOUSE Thursday, March 16 from 9:00a.m. to 5:00p.m. Everyone is invited to come up and learn about BLP. Information on how to apply for membership will be available. Refreshments will be served. 5 �\ Attica Committee Stymied by Dwight Wells "We have been promised but the words are empty. Every time we think the door is open to us, they slam the goddamned thing in our face." These comments came from one of the inmate members of the Legislative Action Committee [LAC] at Attica who have been meeting with members of the law school Prison-Task Force. The inmate's remarks refer to LAC members' disappointment in the lack of response to their efforts from the system. i Legislative Action Committees are functioning at each of the state's maximum security prisons. They were set up as one of the institutional responses to the Attica riot. The Committee is made up of twenty inmates whose major goal is to work for improved prisoner treatment and improved prison conditions through the legislative process. The committee at Attica is in its fifth year, and, as stated by one of its members in a recent meeting, "the results to date are increased frustration and-an ever decreasing belief that the system is capable of responding even in a minimal way to our needs." Mr. Smith, the superintendent [they are not called wardens anymore] who attends each of the Task Force's meetings with the inmates, interrupted at this point. He felt that the inmates, "should be satisfied with their involvement to date and not expect instant results." "I strongly support organizations like the LAC," he continued, "because, for me, it is an additional control mechanism within the institution." This comment evoked strong reactions from several inmates, most of whom view their roles as members of the LAC as essential to altering some of the basic inequities of corrections law that effect the 18,000 plus prisoners in New York State. -This outburst provided Smith with an opportunity to demonstrate his attitude about inmates expressing their true feelings on issues of importance to them. He ordered the LAC "to return to the set agenda as continued discussion of the role of the LAC would not accomplish anything constructive." There is constant jockeying between organized groups and the administration at Attica. Many groups would not even be in existence if it were not for directives from Albany. One avenue used by organizations like the LAC to help increase their effectiveness is to become associated with an outside sponsor. The Prison Task Force was asked to be and has accepted the sponsorship of the Attica LAC. Sponsorship requires a continuing commitment to keep the Task Force alive. At the present time, membership in the Task Force runs around 10 or 12 people. When LAC sponsorship is combined with the other task force activities, the need for additional members is critical. Most of the work involved can be scheduled around a student's schedule. Participation in the Task Force can be extremely rewarding, especially for anyone considering a criminal defense practice. Anyone interested in the Prison Task Force should contact Alice Mann at 877-2675 or Hillary Exter at 835-7486. In observance of the anniversary of the historical Dred Scott Decision, the Law Library will grant a one day amnesty on overdue fines on Monday, March 6. Law books and law related materials will have to be returned to the Law Circulation Desk on that day between the hours of 8 a.m. and 11 p.m. continued from page ode-" science. The three senior positions at the law library will be able to assist Newhouse the director felt. "Your dean is also very interested in the Library situation," Roy noted. "In the long run you'll find this is one of the best decisions the University has made," Roy concluded. The dean said he never would have suggested the appointment of Newhouse as permanent Librarian. "He has done so much for the institution, .sometimes you just can't"ask for any more work from an individual. You know he will accept, but you are not being fair to the individual." Professor Newhouse took the appointment somewhat reluctantly. "I don't know if I'll be effective," Newhouse said. "I took the job because it had to be done. The appointment appeared to be in the best interest of the school, even though it takes up a great deal of my time," he v said. "I will have to reduce my teaching load to half load. In fact, by combining my school lawcourse and the education course, I've only reduced my teaching load by one-quarter load-. In the end the only thing I'll lose from my teaching load is my section in Constitutional Law," Newhouse explained. "A trade-off had to be made," said Headrick, explaining the appointment. "Wade will continue to teach at least 3/4 load. He takes on that burden without any special adjustments. At the same time he will be full time law librarian. "He's a professional. He'll do what has to be done," said the dean. The dean indicated no one will be hired to replace Newhouse's lost teaching time. "Since we cut the first year class from 325 to 250 we've only needed three sections of constitutional law," he said. Newhouse admits he has absolutely no background in' Library Science. The dean felt this would not be a drawback. He admitted the prestige of the school would be hurt by the appointment but claimed Newhouse was competent. "Look at it this way, he has a superb staff, extremely well trained in the technical aspects of the situation. They are devoted to the University and the law • school." "He has a sense of how to stay out of their way," the dean said. "The reason good lawyers can do a lot of different things is because they have the sense to run very complicated situations. Wade Newhouse is an example of this type of lawyer," said Headrick. Organizational News BLP Works on Consumer Fraud, Court Reform, and Nuclear Waste Association of Women Law Students Plans for the Spring Semester by Carol Gardner The Association of Women Law Students held its first meeting of the spring semester on February 15th. The attendance was up from the last few meetings. Most of the meeting centered around the upcoming 9th National Conference on Women and the Law to be held in Atlanta, Georgia, April 6th through April 9th at the Peachtree Plaza Hotel. The Women Law Students' Association of the University of Georgia, School of Law in Athens is sponsoring the conference. The AWLS has been given money by the SBA to send a delegate to represent U.B. at the conference. The AWLS has decided to divide the designated money among any members who choose to attend the conference. Any one who is interested in more details should check in the AWLS office in Room 509. The conference's location was a controversial issue for the National Steering Committee for the National Conference on Women and the Law. The Strike Force, created under the presidency of Ellie Smeal of the National Organization for Women, has been leading a boycott of convention cities in states which have not ratified the Equal Rights Amendment. The boycott has been endorsed by dozens of national organizations including the Democratic National Committee, the United Auto Workers, National Education Association and the League of Women holers. As of last November, $59 million of potential convention business had been denied to cities in the unratified states. Georgia is one of the states which has not ratified the Equal Rights Amendment. (Three more states need to ratify the ERA 6 by before it will become part of the Constitution. The Congressional deadline for ratification is-March 1, 1979. Time is running short and the legal question regarding some state legislatures' attempts to rescind their former ratification of the amendment still remains.) The National Steering Committee for the Conference on Women and the Law decided to continue hosting the Conference because it "felt that the Conference is critically needed in the South to educate and energize Southern women." An Executive Steering Committee was formed to assist in running the organization this semester. The members are: Ann Bermingham, Mary Kloepfer, Martha Krisel, Gladys La Forge, Michele Lippa, Lou Newberger, Laurie Ogdon and Carol Gardner. Martha Krisel was chosen toorganize a joint meeting with the women's group from the U.B. School of Business and Management. Ann Bermingham will assist her in getting a guest speaker. Carol Gardner volunteered to send a letter introducing the AWLS to potential incoming freshpersons. Claudia Allen spoke for the- entire AWLS when she thanked Audrey Koscielniak, Assistant Director of the Placement Office, for consulting with the AWLS to obtain names of women attorneys who would participate in mc mini-Career Days planned for March Bth and March 15th. Candy Appleton brought the surprising, but pleasant news, that the SUNY at Buffalo Archives Women's Project wants the history of the' AWLS. The AWLS, was founded in 1970 by then-student Grace Blumberg. . John Arpey The Buffalo Legislation Project (BLP) successfully completed research on nine projects during the fall semester. These projects included: 1) the Consumer procedures for setting Protection Board health and automobile insurance rates which would insure the opportunity for public participation in the rate making procedure; 2) the procedure for the discipline of licensed professionals in professional ) misconduct cases; 3) the possibility of continuing education requirements for licensed professionals, including a comparison with other states; 4) & 5) the possibility of Farm Mortgage and Industrial Loan Guarantee programs on a statewide basis; 6) review of the recently passed State Environmental Quality Review Act, in which amendments to the Act were proposed and critiques made of various provisions in the Act; 7) revisions of the Uniform Procedures Act wherein fees and fines schedules are set for nori-compliance with regulations of the Department of Environmental Conservation; 8) Open Meetings Law of New York State analyzed for loopholes and necessary revisions for the N.Y. State Assembly Committee on Public Access to Records; and 9) Constitutional analysis of the Federal lUnemployment Compensation Act provision forJocal government funding programs. These projects have been photocopied and are on file in the BLP office, Room 724. Elections were recently held at a general meeting and Dan Kohane was elected Director, and Joanna (Coco) Gozzi was elected Managing Editor. The following people Were'also elected as Project Editors: Marc Ausfresser, Tom Bender, Linda — Beyer, Jeanne Graziani, Ellen Krebs, and Joann Parry. BLP will be undertaking research on seven projects this spring semester. They include: 1) Legislative alternatives to prevent chain type supermarkets from charging higher prices in low income neighborhoods; 2) Legislative alternatives to prevent consumer fraud in home improvement repair; 3) Constitutionality of new federal legislation establishing right of federal government to establish radioactive waste depositories in areas without state and- local government approval; 4) Suggestions for possible reform of the Justice Court System will entail research into local justice court systems of other states; 5) Procedure for Merit selection of justices of state courts needed as a result of recently ratified amendment to state constitution; 6) Rules and regulations needed for sale 'of wine in grocery stores; and 7) Coordination of urban development programs on federal, state and local levels to produce a comprehensive development program. Many of these projects will entail drafting of proposed legislation. Students with particular interest or expertise involving any of these areas of law are urged to contact the members of the Project, and make any contributions that may be of help in the research undertaken this semester. The BLP office is in 724 O'Brian and office hours are kept — daily. VOTE ■■■■■■■■Mamma March 2, 1978 �Learning "la gioia" of pasta-making by Paul Suozzi When most people think of Italian food, they think of pasta, and with good reason. With all the different sizes and shapes, and the endless ways to prepare it, it is no wonder that pasta begins most Italian meals. No one seems to tire of it! I spent 4 months studying in Siena, Italy, and the family l_jjyjfd with ate pasta every day I was in heaven! But~rny most satisfying experiences with pasta began when I returned and started making my own. Why bother to make your own pasta? To anyone who has ever experienced the pleasure of making and eating homemade pasta, the answer is obvious. This is not to say that you cannot buy good pasta in a store. Commercially packaged pasta is made with flour and water, and it is the flour you must watch. If the box reads "made from durham wheat," you can be sure that the pasta will keep its character while cooking, and taste good.' On the other hand, pasta fatta in casa (homemade pasta) is made with all-purpose unbleached flour, a pinch of salt and eggs. Also called pasta all 'uovo (egg pasta), it is the eggs that make it the lightest, most delicate of all pasta. Besides being cheaper than the packaged variety (about $.30 per lb. as compared with $.50), the process of making pasta all 'uovo is a reward in itself. Not difficult to learn, I have always found it to be a relaxing diversion from the tension and tedium of my schoolwork. Not withstanding all of the above, the biggest reward is the culinary delight of eating the fruit of your labor, accompanied by the many compliments which inevitably follow. — - PASTA ALL'UOVO FATTA IN CASA HOMEMADE EGG PASTA > •.».<-.- • •.. . • 5 medium eggs at room temperature teaspoon salt It is advisable for beginners to start about T Vi cups of flour, and a pinch of salt for 2 to 3 servings. This will give you practice in the pasta-making process itself, and help you to gauge just how many eggs and how much flour you will need for the exact number, as well as the size of the portions you wish to serve. Roll up your sleeves, remove your jewelry, and make a mound of flour in the center of your working area. Stirring with your fingers, make a hole in the top of the mound. Keep stirring until you touch your working surface and have turned the mound into a crater with high walls, thick enough to contain theeggs. Break the eggs into the middle and add salt. Start beating the eggs with a fork held in one hand. As the beaten eggs try to flood through the walls, your other hand should embrace the crater and keep building up the sjdes all around, bottom to top, as you simultaneously spill some flour inside. The two motions combined will make the eggs absorb more and more flour and will turn them into a thick paste. (It takes practice to do this without breaking the crater, so go slowly and don't be V* . and roll it away from you. At the end of the roll, press hard with the heels of your hands, spreading the dough into an oblong shape. Fold it over so that it becomes even more oblong. Then' lift it into the working surface. The dough is almost a ball again, and is ready for another kneading cycle. Knead the dough for about 10 minutes, flouring the working surface from time to time, until the bail of dough is smooth, golden and elastic. Your working surface should be almost spotless, (clean it up if it isn't) and you are ready to roll. Break off a piece of dough about the size of a tennis ball and pound it flat with your hands. (It's a good idea to keep the rest in a covered bowl while waiting its turn, so it does not dry out.) Flour your rolling pin, and, starting from the center, spread. the dough towards the edges. When the dough is visibly thinner, turn it by 90 degrees and roll again. Keep dusting the working surface, rolling pin and dough only as needed to prevent sticking. Continue rolling until the dough is about as thick as a dime. Put the sheet of dough to rest on a clean dry towel and roll the remaining dough. When you have finished, it is time to decide what to do with your pasta. If you are using pasta all 'uovo for fettucine, let it dry 15 minutes, flour it very lightly and fold it over and over on itself into a flat roll about 4 inches wide. Using a very sharp knife, cut the roll in Va" strips, shake out and dry. If you are using it for lasagne or manicotti, let the pasta dry 15 minutes before cutting and then spread it out on a dish towel for no more than Vi hour before cutting. This larger cut becomes more brittle if dried too long so that it breaks easily and spoils the layering and filling. — You will need a clean flat surface (a kitchen counter, pastry board or table) no smaller than 24" by 24", a forjc, and a rolling pin, ideally no shorter than 24". In measuring "your ingredients, the Italian rule of thumb is one medium egg and a scant J/i cup of flour per person, but note that the average Italian portion could be considered generous by American standards. Also, as the number of servings increases, a process of de-escalating takes place, i.e., a 6-egg batch for 8 servings, a 7-egg batch for 10, a 9-egg batch for 12, etc. Therefore, to serve 6 American portions you-w.il I need:.. 3 Vi cups all-purpose flour to knead the ball of dough. Everyone develops his/her own technique for kneading, but the standard one is to push the ball of dough down with the open palms of your hands ._ discouraged.) When the paste becomes too difficult to continue with a fork, flour your hands and work the paste into a real dough. Keep on flouring your hands and the work surface until the dough can't absorb any more flour. If your ball of dough is too hard, flaky and in general doesn't want to amalgamate smoothly, it means that more flour has been used than the eggs .can absorb. Add a little water, a few drops at a time to correct the balance. Do it when no one is looking, because jrus procedure is scorned by professionals. No one else will know the difference. At this point, you'll have some flour left over (the quantity depending upon the size of the eggs, the quality of the flour, the moisture of the room, and other variables), but it won't be wasted. Push it aside and scrape your work surface clean of loose or caked dough. This is the time to clean your hands if they are sticky. (Also it is a good idea to sift the remaining flour to remove any small rubbery pieces of dough that may hamper kneading and PASTA VERDE/GREEN PASTA Green pasta, often called spinach pasta, is made the same as pasta all 'uovo but with fresh or frozen spinach substituted for 1 or more eggs, depending upon how many servings are made. A recipe for 6 servings of fettuccine verdi or 12 servings of lasagne verdi includes: 3 Vi cups all-purpose flour 3 medium eggs at room temperature 10 punces.fresh -or frozen spinach , 1 teaspoon salt If you are using fresh spinach, wash and remove the stems. Cook the leaves briefly, in as little water as possible, with 1 teaspoon salt. Drain thoroughly, pressing the spinach against the sides of a sieve, or wrap the cooked spinach in a dry piece of cheesecloth and.squeeze dry. Mince the spinach thoroughly with a sharp knife on a cutting board until it is practically a paste. If you are using frozen spinach, cook it in boiling salted water, drain, squeeze dry as above, and mince finely. Now proceed as with pasta all 'uovo, making a crater of flour and breaking the 3 eggs into the center. Then add the cooked, minced spinach to the eggs. (Ten ounces of spinach boils down to about 4 heaping teaspoons of spinach about the volume of 2 eggs.) Pasta verdi has a few idiosyncrasies you should know about. The dough takes a little longer to absorb the flour and get to the handworking stage, and a bit longer to roll. The green may not be the same throughout at first, but as you knead and roll it the color becomes uniform and the pasta gets as smooth as heavy silk. You'll be amazed at the texture which is a pleasure to touch. You can cut and use pasta verde as you would pasta all 'uovo, and mixing the two kinds in the same dish is pleasing to the eye as well as the palate. , . , •, — Now that you know how to make pasta, it would be a disservice not to tell you the proper way to cook it. An old Italian saying sums up how important this is: "The death of pasta is to boil it; it can go to hell or paradise in the process." (The following method applies with either homemade or packaged pasta). It is essential that you have a pot big enough to contain at least one quart of water per serving of pasta, a long wooden fork or spoon, and a large colander for draining. (Always use at least 3 quarts of water even when only 1 or 2 portions are cooked). First bring the water to a rolling boil (always cover the pot tightly to speed the process), then add 1 teaspoon of salt per quart of water, which will make the water boil more vigorously (because salt water has a higher boiling point). Now that the water is boiling briskly, add the pasta, a portion at a time, to minimize the cooling of the water. Stir gently to avoid sticking. (Always usea wooden rolling). utensil since metal tends to conduct heat out of the surface, and working begin flour your hands and Now March 2, 1978 water). Bring the water back to a full boil quickly by covering the pot. Once it is back to a full boil, uncover and stir gently. Cooking time varies from 7 to 8 minutes for thin spaghettine to 12 to T5 minutes for the sturdiestrigatone. It is usually a little less than that recommended by commercial manufacturers. Homemade pasta is lighter and more sensitive, generally taking 4 to 5 minutes. It also floats to the top of the water when almost done. But when is the pasta done? In answer I will quote the words of Margaret and G. Franco Romagnoli from their book, The Romagnoli's Table (from which these recipes come). "The main goal is to cook it al dente. Some sort of literary prize should be given to the poet who can describe pasta al dente. The term means it is bitable but not raw, can be felt under the teeth but is neither crunchy nor rubbery; it means that each piece of pasta retains its individuality and texture, yet is just tender enough to please al dente, that is what you must achieve in cooking, and the only way to find out when it occurs is by testing." The next question is how do you test? The Romagnolis say that in Naples, the cook would take a piece of pasta from the boiling pot and fling it at the tiled wall; the pasta, when al dente would stick to the tile for the count of three, then drop to the floor. If it didn't stick, it wasn't done yet; if it stuck longer, it was overcooked, and the cook would commit suicide. This kind of testing is not recommended. What you do is periodically fish out one piece of pasta, blow on it gently, and bite it. (Al dente means, literally, by the tooth). The al dente stage will make itself known. While this is going on, have a large colander ready in the kitchen sink. Pour in the pasta water slowly at first, and when most of the water has been poured away, dump in the rest with the pasta. Then put the colander over the empty pot, and continue draining. This lets the hot water drop into the pot and allows the escaping steam to keep the pasta warm in the process. Do not rinse with cold water! (The one exception is that lasagne or manicotti can be briefly rinsed with cold water to aid in quick handling). When the pasta reaches the al dente stage there is no time to waste. It should be drained and combined immediately with a waiting sauce, served and eaten. ... .No.master howit-is/served, your homemade pasta is sure to please everyone. Don't be surprised if, in the middle of the meal, one of your guests turns to another, slaps him on the chest and says, "Buona, eh?" Buon Appetito Editor's Note: This article marks the beginning of a cooking column in OPINION." GRADUATING f I ,£ > . SENIORS: Thurs., March 2nd & Fri., March 3rd will be the last days to order your caps & gowns. Please make checks for $12.00 payable to E. R. Moore Co. Those who do not wear gowns will not be able to participate in the full ceremony. Ramsey Clark has agreed to speak at the Law School Commencement scheduled for Saturday, May 27 at 1 130 p.m. at Artpark. 7 �First Annual OPINION Senior Survey Results of Opinion's First Annual Senior Survey The following results are based on approximately 35 responses which have been edited for meanness by the American Society for the Prevention of Cruelty to Law Students and Other Animals (ASPCLSOA). Runner Up for Best Briefcase Enoch Arden Award Winner PHYSICAL CHARACTERISTICS Best Dressed T. Agello, D. Saleh, I. Schall 2. Most Youthful Appearance T. Cook, S. Sholes 3. Most Dramatic Hairstyle Change J. Samuels 4. Most Neanderthal K. Reidy 5. Most Likely to be Roasted for Thanksgiving Look in the mirror! (Gobble, Gobble) 6. Best Briefcase C. Johnson 7. Best 5 O'Clock Shadow N. Guardi 1. 6. Dinner/Class Turkey *™ r Class Couple D. Winn & Grat.Trans. 7. Worst Humorist B. Brockway, E. Giller 8. Diarrhea of the Mouth Award There were too many names to print. 9. Most Humble G. Williams, D. Winn 10. Class Cheerleader C. Kac/marek WHERE ARE WE HEADED 1. CLASSROOM BEHAVIOR 2. 1. 3. 2. 3. 4. 5. Most Unprepared N. Cartusciello Most Compulsive Worker S. Polowitz Most Comatose L. Zuckerman Most Perfect Attendance / Enoch Arden Award M. Feinrider Class Leader T. Murphy, J. Simson 4. 5. 6. 7. Most Likely to Sell Used Cars A. Klein Most Likely to End Up Managing the Yankees B. Martin, M. Schwartz Most Likely to Sell Insurance Censored Least Likely to Settle Out of Court Hie Nastase Most Likely to Forclose on the Poor Widow's Mortgage S. Meisner Most Likely to Chase Ambulances M. Regenbogen Most Likely to Remember the Rule Against Perpetuities A fter the Bar Exam is Over B. Brockway Didonc, Ou est la Bibliotheque? Editor's note: In the November j edition of the Opinion, last semester, Mike Schwartz (on Sports) solicited humorous columns on the sporting world. This article, along with a few cobwebs, was found in Mike's box. As Mr. Schwartz is presently occupied offering his many talents to aid the spring training of the ailing Red Sox, we bring this article, special to the Opinion, for all you sportz fans, from thepages Of the Snow Bunny Rope Tow and Multiplication Society Law journal. the activity for a year, and after exercising their muscles in preparation for almost that long, they agreed to go. They have asked not to be named, but in the moved on to continue their search. When we attempted to rent the ski is, my friends were reluctant to reveal their weights best law school tradition of and shoe sizes. Motivated by their disclosure they have consented to strike out with the foreigners and being identified as 027-31-4028 the obvious good looks of the ski and 151-42-7104. shop attendants, they eagerly unzipped their ski jackets to Skiing with two such reveal their phone numbers seductive law students is thrilling emblazoned across theirchests. enough, but I was totally We moved out on to the trail. unprepared for what lay in store. No sooner had I left them alone, I, with my vast experience, then they were approached by intelligence, savoir faire, athletic two foreigners who were ability and expertise, proceeded obviously graduates of the to give them a three minute lesson It has taken me three years to Indianapolis Academy of the (that's the funny part) in proper take advantage of Western New French Accent After inquiring if technique. Though I tried to the women were ready to have explain the importance of formal York's greatest natural resource snow. Last week I traveled to the some fun, the foreigners stated instruction, my companions were Alpine Recreation area to that they were searching for two firm believers in learning through introduce some female friends to "fine American foxes with large experience. Female No. 1 the sport ofcross country skiing. I American breasts." After immediately set off in hot pursuit had been praising the benefits of scrutinizing my friends, they of a tall nordic type, obviously - 8 loaded with experience. In the meantime female No. 2 created her own excitement by meeting nature face to face. While moving down the trails I heard a yell and looking back, saw my companion kiss a tree. Although she remarked ttiat it was the hardest tree she. had ever met, she confessed that "it hurt so good." As we headed home, my companions and I reflected on the events of the day. Bone weary Female No. 1 relieved her glorious moment on the trails, while No. 2 nursed those parts injured in her close encounter with the mighty oak. As my friends left my car and bade me farewell, they assured me that after a hot shower they would be heading for bed. On the basis of various reported sightings, I deducted that they had instead stumbled into CPG and were hoisted onto two bar stools. In their usual discrete fashion, they flailed their arms at the handsomest bartender. He seemed somewhat surprised to see their trail passes hanging in their teeth when they opened their mouths to order cocktails. They later explained that their stylish display was motivated by a desire to impress that gorgeous tall bartender with the dark hair and beard, who apparently only works on Friday night, and who usually wears a black vest. (If he is reading this column and is interested he should contact the Opinion office forfurther details.) When asked if they were interested in further skiing adventures, the females replied, "Well we've heard it's pretty nice on chairlifts." As we faded into the darkness, a French voice could be heard in the distance, "Didonc, ou est la bibliotheque? March 2, 1978 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-03-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/2/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/62edfd73adbb0fb15d2991f173305c33.pdf 3e31ec2756429753efa7e6f05271f5fd PDF Text Text InMemoriam In recent months, - much scholarly and public attention has been focussed on the needs and'; emotional states of those who have learned that they will, or likely to, die in the near future due to an incurable disease or the like. We wish to dedicate this issue to problems of the terminally ill. In a special interview, The' Opinion talks to itself about how' it is facing the reality of its? impending demise. Dr.'s John ' Simson and Kirn Hunter, Opinion's personal physicians and ■! bodyguards, have predicted that the end is near for the publication unless some miracle cure can be found in time. We take you now to the sickbed of The Opinion, in room 623 of the Greeley and Kane Memorial Hospital for Journalism. OPINION: How are you these days? What is your attitude towards the time left you? ITSELF: I don't feel at all : Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 volume 18, number 6 well. I am continually having nightmares about big, blank, empty pages and vacant press rooms, silent as a tomb. I dread sleep these days. OP.: To what cause do your doctors attribute the onset of your tragic illness? IT.: There are several factors involved. One is that I have a severe case of terminal boredom. I'm sick and tired of reading Opinion after Opinion full of opinions! There's., no news Opinion state university of new york at buffalo school Law Review=Sea Grant? It seems certain that a merger between the Law Review and Sea Grant will be finalized shortly. Current members of the Law Review voted to accept the merger, proposed last semester by a joint Faculty / Administration / Law Review / Sea Grant Committee, The merger will bring the Sea Grantprogram within the Law Review program in many respects, although members of a joint Law Review Sea Grant Committee stressed that both organizations would continue pretty much the same as before the merger. Entrance into the Sea Grant program will differ slightly from previous years, as applicants will have to complete a case note assigned through the Law Review program. However, unlike Law Review selection, which is currently based only on the case note and an applicant's grades, the Sea Grant students will still have to go through an interview process as in prior years. The joint committee also told Opinion that applicants may qualify for the Sea Grant program while not being accepted for Law Review. Those applying for Sea Grant wilt also have to submit their casenotes before the general Law Review deadline, as more time is needed for their selection and evaluation. Another major difference is that Sea Grant will accept second year applicants while Law Review will remain open only to first year students. Reasons for the merger were partially monetary and partially — anymore only running commentaries about the absurdities of life and law school, and, of course, the Wide World of Torts. I am literally being bored to death! OP.: Is it really all that bad? IT.: Yes. I'm also suffering from a reporter deficiency. People like Mike Buskus can only write so many stories per issue. I have received injections of interested students from time to time, but this has only been a stop-gap measure at best I'm very anemic, too. My type per page ratio is much too low. This causes those nightmares that I was telling you about earlier. OP.: How has the law school reacted to your illness? IT.: Well, a lot of.people seem to miss me when I'm not around, but hardly anyone has offered to help or even to visit me in the hospital. OP.: Have your attitudes structural, In the past, Law Review editors have spent a great deal of time doing summer work. Remuneration has been problematic. The merger will allow the Law Review Editor-in-Chief and one other editor to receive stipends from the Sea Grant program. They will be responsible for supervision of Sea Grant summer fellows in return. Further monetary support will be given the Law Revlewlin the form of a Sea Grant subsidy. Sea Grant will no longer issue its own Law Journal, but instead publish its articles through the Law Review. Sea Grant will pay for the publication of these articles. Structurally, the conflict of students selected for both organizations will be reduced by the merger. In the past, some students have had trouble meeting the writing requirements imposed . recovery? IT.: There are some possibilities. If everyone in the law school wrote a few words down and submitted them to me, I'd certainly have pages filled with print. Or if everyone in the school clapped their hands at the same time while repeating (and believing) the words: "I dobelieve in theOpinion. I do believe in The Opinion," issues might appear miraculously, just on the basis of good faith alone. continued on page two Non-Pront Organization U.S. Postage PAID Buffalo, New York Permit No. 708 February 9,1978 oflaw Faculty Considers New Appointments Grant and Law now be possible to do a casenote Sea Grant topic, by Jayne Zanglein who have been working with him. satisfy both His intellectual capabilities, his organizational writing imagination, his energy, and his A report from the Appointrequirements. Additionally, these publications will be paid for by ments Committee was the first commitment to scholarship have Sea Grant, giving the Review major item at the faculty meeting also been praised. Prof. Hyman, held on January 30. Two candi- speaking for the Appointment additional monies. dates were recommended for Committee, referred to Axelrod's An Advisory Committee will faculty appointments in the fields "capability of seeing problems oversee the merger and operation of Criminal Law and Civil Pro- from a new point of view." It was then the dissenting facof the joint program. It will be cedure. ulty members spoke up. Other Barry Rets, Professors Dean Headrick and of composed Kaplan, one Sea Grant Fellow not Boyer chaired the meeting. Thirty professors who had spoken with on Law Review and two Law faculty members attended the ga- Axelrod and who had studied his credentials voiced their opinions. thering. Review editors. The majority of the meeting "There is a question in my mind There was some adverse student reaction to the merger. was spent discussing Robert as to his ability to really probe an issue to see it from all sides." Many .felt that this was just Axelrod, the Criminal Law candiAnother faculty member comanother consolidation of date. Axelrod has been working "desired" positions within the law on criminal litigation in the mented on Axelrod's "lack of maschool, which would only serve to Chicago area and has been highly turity." He's "not the sort of perrecommended by those people son whose teaching interests are further narrow "the chosen." so strong you'd take him no matter what. What it comes down to, in essence I wonder about the by both Sea Review. It will for the student or article on a which will ... Commencement Exercises Scheduled for May 27 at Artpark The graduation ceremonies for the law school will be held at Artpark on Saturday, May 27 at 1:30 pm. Students should arrive at 1 :00 to line up. A commencement bulletin will be distributed at a later date with more detailed information. Plane and Hotel Reservations should be made as soon as possible. There will be a graduation fee of $18.00, which will be used to pay for caps and gowns, and a pre-graduation party. The money towards your issues and other family members changed at all? IT.: Yes I try to live each issue as if it were my last. I am awfully afraid that my doctors and nurses will abandon me in my hours of greatest need, so I look at each completed issue as a rebirth. The stall has worked hard to keep me productive in myfinal days. OP.: Is there for your will be collected beginning on the the $4.00 fee to help pay for your week of February 13, and all fees order. The photographer will be here must be paid by March 1. on Friday, February 24, Monday, There will also be a fee of February 27, and Tuesday, $4.00 for those graduates who February 28. He will collect the wish to have pictures taken. This $4.00 fee at that time. You will money will pay for the sitting fee receive approximately six color and for a class composite proofs to choose from. The class photograph which will be composite will only be distributed to each class member worthwhile if a lot of students get who has his/her picture taken. If their pictures taken. All third-year individual portraits are desired, a students are encouraged to $2.00 credit will be allowed from consider this opportunity. ... person's depth." This was countered by one of our longstanding professors who admitted his own naivete when he entered the teaching profession. "Except for the unusual person, a person is likely to come into teaching without being able to present a well-rounded view and an exact set of principles." After a general consensus that Axelrod is "close, on the edge, but a high risk" and the general admission that he is still one of the top two people who had been interviewed, Katz voiced the idea continued on page five �King on Magistrates To the Editors: BLP Staff Commended The Law School has gained state-wide notoriety and respect because of your fine leadership and the hard-working efforts of the Project members. I hope that I can continue the tradition of Mr. John Arpey, Director Ms. Kirn Hunter, Managing Editor excellent direction you have offered the organization. On Dear John and Kirn: I wanted to take this to personally opportunity congratulate you on the occasion of your retirement as Director and Managing Editor of the Buffalo Legislation Project. You both should be proud of the accomplishments you leave behind. The BLP has provided a valuable public service for close to eight years. By providing state and local officials with thorough research projects, the organization lends the experience and expertise of the law school to those who participate in the day to day operations of state, county and municipal government. During your tenures as the Project co-cordinator, you have expanded the dimensions of our service both in number and quality. The Buffalo Legislation Project has produced close to 15 papers over the last year, compared to some 8 papers during the previous year. We have taken on more complex areas and are no longer afraid to confront the hot political (tsuel more easily forgotten. ; To the Editors: behalf of Joanna Gozzi, Managing Editor Elect and the new editorial board, I wish you all the bestJn the coming years. We will count on you for advice as we have, for leadership. a Kohane Director-elect End of the Katz Meow To the Editors: Anyone who has sat through Section 3 last semester can fill you in on Katz's low opinion of academia. Katz took potshots at law review articles that relied on length and not common sense. He disdained briefs and exam cramming. We were assured we were the equal of Wisconsin and Harvard students. (Were you worried about it?) This is all well and good. But now I think he may be part of the elitist establishment he scorns. There were his chilling words in class one day, that we had better prove ourselves on the exams or we "don't deserve to become lawyers!" And just recently we find out that disproportionately many of us, most of whom performed well on all the other exams we took, didn't measure up to Katz's personal standard of what a lawyer should be. I think I know what lies behind his very personal standard. One of the dangers of being within academia is the possibility of growing arrogant and contemptuous. Students make easy prey for a professor who is intelligent and knowledgeable. Students think they know so much, but with a little finesse their reasoning can be circled, toyed with, dropped and shattered. To the clever professor all logic is vulnerable. Smith and Jones take the same exam and say the same things in their own way, yet such a professor might scorn Smith and praise Jones. Whim can have such power over how the mind sees things If Katz wants to complete his mission to weed out poor lawyer material, he should discover a method whereby his grades are not distributed randomly. Or better yet, he should go elsewhere, to t' school where there really is the large squad of incompetents he is determined to expose. .<.'•■.,. ~.! hnfi litw tin*, noilatvnoo /ri Dnivjifc.n i.-..-.. .'>■>. ,: ~.. ,r Ui; i,i -.-■ .- :■■■ i jm> <ji ft:,.) nig** J'i"»'i ?V''"•*_)_fo____jtfr .. : Opinion talks to itself. . . continued from page one However, my doctors have suggested that the most practical cure would involve increasing my staff and contributions. Some more cartoons would be great help. If people would take notes during any special lectures they attend and submit them to the paper, the elves in Rm. 623 will cover them with chocolate and turn them into stories. Students can also write about any special programs or internships [not relationships] in which they are so lonely sometimes upon the sixth floor. It would be so nice to see some new faces before I'm out of print. OP.: What will you do if there is no student response? IT.: Weell, you've heard of euthanasia? I'm ready. I know all about the subject after all, I carried the story on Yale Kamisar's lecture on my front pages. I've discussed it with my doctors, and they're with me all the way on this decision. I'm prepared to voluntarily give the involved. OP.: If you had one wish to be authorization to have my life granted before you pass into support systems terminated. I will let my ink run out and the presses oblivion, what would it be? stop. gets To have more staff. It IT.: Vol. 18, No. 6 - ' Editors-in-Chief Kirn Hunter John Simson February 9,1978 WaSS_! Ted F,reto 8 Photo Editor Business Manager Earl Butzkus, Dick Butkus, Staff: Musk Bikus, Bill Brcteks, Mike Buskus, Schwartz, Dwight Wells, Jayne Tim Cashmore, Sheryl Reich, Michael Zanglein Contributor: Tom Saitta herein is Copyright 1978, Opinion, SBA. Any republication of materials strictly prohibited without the express consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. Buffalo It is the student newspaper of the State University of New York at views School of taw, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The or Editorial Board expressed in this paper are not necessarily those of the Staff of OPINION. OPINION is a non-profit organization, third-class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined the Editorial Board. OPINION is funded by SBA from collectively Student taw Fees. Composition Design: University Press at Buffalo _ 2 opinion february 9,1978 OP.: You mean to say that your doctors are willing to agree to this murder???? IT.: Certainly. Why should they fight to save the life of a patient that nobody (sob) cares about? (boo hoo) Besides, I don't want to live if the students aren't interested enough in my survival to get involved. I don't want you to get the there are a few wrong idea people who contribute regularly to try and keep me going. You can find their names in the staff box of each issue. But the list keeps growing smaller. It's been a good life, but all too short. OP.: Thank you so much for this frank and revealing discussion. Maybe if you get some more staff help, you won't have to interview yourself anymore. The Opinion has just learned that a wake will be held in its honor on February 14, from 3:30 to 5:30 in the first floor lounge. Law students seem to be interested in such depressing things as wills and wrongful death actions, so it is hoped that all such interested students will attend the pre-funeral wake. The Opinion is seriously interested in increasing its staff. Please come to this meeting or leave your name in Rm. 623 if you are interested in keeping the Opinion alive. If there is little student support, this may very well be the swan song issue of the Opinion. R.I.P. - increasing dismay the account by Bill I read with interest and talk on lay magistrates Brooks of Professor Cavanaugh's1977). Unfortunately I was not present 15, Issue Vol 18 No. 5-Nov. to what extent the misleading and at the talk and do not know article derive from the visiting the in contained inaccurate statements whatever the source of these However, speaker or from poor reporting. has who researched and as someone compelled, feel errors may be, I as representing a as well courts, written extensively about magistrates' attempt to'put to courts, these in of defendants considerable number the most glaring matters right by pointing out and commenting upon mis-statements. and of these inaccuracies accept a trial before Statement 1. "Three quarters of defendants when one sees is to understand easy Such a choice the lay magistrates. can have a jury 'You the defendant. how the alternatives are put to can a trial before the lay or have you Court next Crown trial at the magistrates today.' With such a system who needs plea All non-jury trial cases are decided the same (fay bargaining? defendantsare brought before lay magistrates. Comments: (i) Three quarters of defendants do not accept trial before the magistrates. About 90% of those who decide to have their case dealt with at the magistrates' court plead guilty. The proportion who actually choose a contested trial before lay magistrates in preference to a judge is therefore very small indeed. (ii) Hardly any trials take place on the day of the defendant's first appearance before the magistrates. There are almost always long delays. In a recent study of Sheffield Magistrates' Court, for example, it was found that only 7 out of 77 Not Guilty pleas were heard immediately. Of the remainder, the vast majority had to wait between seven and fifteen weeks before their case was completed. At Coventry magistrates's court any contested case scheduled iofastmote/malVone hour is remanded to a date over three mbrith£ahead.-Worse sttlL' even guarantee that ft Willhe after a contested trial has started, there is between different parts of the delays without further completed evidence, for lay magistrates, being unpaid and part-time often cannot sit in the afternoons or on consecutive days. Moreover, even those defendants who plead guilty to anything more than a motoring or drunkeness charge can usually expect two or three court appearances before being sentenced. (iii) Plea bargaining abounds at magistrates' courts. The only differences from the U.S. being that the magistrates themselves play no part in the bargaining process and the prosecutor makes no recommendation as to sentence. Nevertheless, bargains are struck charges are dropped or reduced in exchange for guilty pleas. More often than not the delays and inconveniences ofHa coritesteo* 'trial are n9riW I'fripdr^nt'faaorsWWte-A-l.^ JJrtJ ft*™*** lfS^temen^_J l _Wef.n__nt *wheVe rh'mose'!lh^nce¥ ' trial, the magistrates court still plays an important process... The prosecution presents its case and the defendant rebuts the prosecution arguments. If after both arguments enough material in which a reasonable jury could convict the case is dismissed. Comments: (i) Since a 1967 law changed the procedure for committal proceedings, the number of cases where a preliminary takes place before the magistrates is minute. In almost all committal proceedings these days the prosecutor merely hands over statements of evidence to the defense and the defense lawyer acknowledges that he has received such statements. In.other words the magistrates act simply as an administrative rubber stamp. Of those few cases where there is a full committal hearing, hardly any are dismissed by the magistrates, which is in itselfi'cbhslaht source of comment from Crown court judges, who cornplalnthat often the prosecution case is so Weak that it should have been throWn out at the magistrates' court rather than being allowed to clutter up the crowded Crown Court lists. Statement 3: "'Statistical studies indicate that except for sex offenses in which the lay magistrates tend to convict more readily than a jury, one's chances of being acquitted are neither increased or decreased by accepting a trial before the lay magistrates." Comments (i) There have been no reliable statistical studies on this issue. Professor Cavanaugh was probably referring to a recent simplistic comparison of acquittal rates in the different courts. This comparison has been roundly attacked in the legal press mainly on the ground that it fails to take into account differences between the types of cases heard by magistrates and those heard by juries. Most lawyers, for example will advise their clients to choose a magistrates' court trial only when there is no conflict between defense and police evidence and no legal complexities. Those cases which go before juries, therefore, are usually the less clear-cut and more controversial. (ii) Statistics apart, my experience and that of all the defense lawyers I know is that lay magistrates will always believe police evidence in preference to that of the defendant, that they and their clerks are likely to misunderstand and misinterpret points of law and that in general the magistrates' courts leanings are much less favorable to the defendant than jury trials. The preference for jury trials is also not difficult to understand if one realizes that there is no obligation on the prosecution to reveal its case before a magistrates' court hearing. The defense lawyer is therefore forced to work "blind." Statement 4: "The courts are composed of magistrates from all walks of life and all income levels." Comments (i) According to a study published last year, the majority of magistrates are from the executive and professional classes and are between 40 and 60 years old. Although lay magistrates are less continued on page five .... no'l - "" , < ' �Q - w equals Oor Method Madness My semi-annual post-exam diet has commenced. I have no real way of knowing, but a strong intuitive sense tells me that others have too. (It is probably the bulging stomachs and fat cheeks!) Obviously, I am not the only one who needs a bag of Oreos to study Tax, or who measures the quality of studying by the intake of carbohydrates. A strange mystical power overcomes the student at exam time, producing effects that are unknown in most student models during other times of the year. The average student model, even those equipped with remote-control homing devices, does not come with a cleaning component. However, at exam time, such a component is unnecessary, as the student will do anything to forestall the inevitable confrontation with notes and outlines. I have actually seen law students doing woodwork, the backs of cabinets, vacuuming both sides of rugs, not to mention closet-cleaning and the bathroom bowl come late December of May. But an even stranger phenom takes place when the student returns home after exam time. The vacation, as it is called, may provide some R and R, as it is called in the trade; however, it produces mostly awkward and unanswerable questions from the hometown crowd: H.C (hometown crowd): "Hey, so how was your first year in law school?" L.S. (law student): "As compared to what?" H.C: "Did you get good grades?" L.S.: "Don't know. Won't find out until mid-April." H.C.: "Sorry I asked." But the return to school is even more painful. Those first-year students who haven't learned yet, start visiting the law school around the first of January. They find an empty bulletin board. They return day after day until school starts, and still an empty board stares at them. Frustration grows, and graffiti in the bathrooms mounts. The universe is centered on the third floor, as lines of anxiety prone law students are seen wandering purposelessly; as Professor Mann would if the Due Process clause had never been written. When grades finally are posted, there is another even stranger ritual. It is known as the "first H." It has been said that some never know the ritual of the H, yet I find that difficult to believe. As with infinite monkeys and typewriters, there is always one professor within this law school foolish enough to believe that you deserve an H. As one well acquainted with the Q, its awkward little slash preventing it from attaining its true grace as a skewed O, a special sort of anxiety lurks when H's or D's are spotted patrolling the area near your social security number. First there is the operation known as the "casual glance." A quick look at all sheets of the grading list to see upon which page most of the I D E W O R Lv D OF T O R T S H's and D's fall. If one page contains all Q's, the student will first look for his/her social security number. If not so clear cut, the student then turns to the page with the most H's (paranoid students disregard this direction and proceed to the page with the most D's except those in Al Katz's course, who shouldn't look at grades at all.) The student now uses a famous procedure known as the "finger-line." Unknown of common law, the finger-line was introduced at UB Law School by Ralph J. Stairsteps, pictured right. Finding the social security number, the student tries to trace a line from his/her number to the appropriate grade. This operation is generally repeated in the neighborhood of ten times before the student is totally sure that he/she is still wrong. This is particularly true if they find an H (unless they are in Mr. Kochery's class, or got on the waiting list at Cornell). The truly incredible facet of this technique is that it is done at all. Even third year students, after five semesters, still try to find their grade by the finger-line method. And they, too, after the tenth time, then proceed to the final informal method: "The Count." (Note: if during the finger-line method, Q's appear on all sides of the grade thought to be the correct grade, the student need not proceed to the count method.) The student now counts the social security numbers from the top of the page until reaching their respective slot. Then down the side with the grades. This is repeated (6x). Then starting from the bottom of the list, the student counts upward on both sides (4x). Although many believe this to be the final maneuver, this writer knows of many who are still unsatisfied. Until they see their exam with the grade beautifully engraved in blue, they do not believe the bulletin - board. The student who ventures up to read their exam is generally surprised. On the exam, strange checks, arrows, and question marks are recorded. Sometimes point scores may be decipherable. Yet little or no sense can be obtained from seeing the bluebook. Its only purpose is to satisfy, once and for all, that feeling that the grade you got is the grade you got. SCATE-ing on Thin Ice . Rule 1 "Future Plans" offers from right-wing reactionaries who do not believe in income tax). The remaining 45_96 will be traumatized by their indictments, Never check the public service box. stigmatized in the eyes of the community, but not lucky enough to be Exception: Legal Clinic When a person needlessly checks the public service box, two martyred by conviction and will end his career disbarred and reactions are triggered in the Faculty Evaluation Computer reluctantly selling Pacific Reporters to Law Libraries throughout the Entertainment System. The first automatically discounts the input of nation. the individual; the second notifies Federal Authorities that a dangerous Rule 4 "When to Complete Scate Form" person, albeit one of those burnt out flower children of the 60's, Although these forms are handed out in the last class, never fill out attends this Law School. (It is also rumored that any Law School the form at this time. It is imperative that you pretend to do this, but which records a certain percentage of "public service" students must do not hand in your form at this time. Wait! Never fill out yourform fire its Admissions Committee immediately or lose all federal and state until the exam. The exam tells you more about the professor than any aid.) class day. Cross out penetrating in extreme cases and write in sadistic. Rule 2 "Future Plans" Scate forms may also be used as subtle persuasion. It is mid-February and you're still waiting for a grade? Saunter up to the It is not wrong to check Teaching. fourth or fifth floor and causally say, "Gee Professor insert own name, Exception: Legal Clinic Many professors believe that students who aspire to teach do so I forgot to fill my scate form out during the semester. Will your grades only because they are incompetent to become practicing lawyers! be up soon?" (Read two times and then disregard.) Due to this belief, they disregard Rule 5 "Sadist or Masochist" Many people sole enjoyment of Scate forms is that they cut fifteen any feedback from these students. After all, they are much more concerned with teaching mainstreamers how to succeed in that Jungle or twenty minutes from classtime. Such an attitude is defeatist. Group out there. efforts can derive endless, and, sometimes, unforeseen "benefits" in filling out SCATE Forms. Much can be accomplished by a conspiracy Rule 3 "Future Plans" Do not check Private Practice. of sixty, if a carefully drawn scheme is constructed. No Exceptions! An example. Two years ago, the entire Family Law Class of a Persons who check private practice are labelled as typical professor who shall remain unnamed, conspired to check the box money-grubbing backstabbers whose only concern is receiving honors Reading Load Too Light. Every single one checked that box, furthest grades in the easiest manner possible. They are unreliable assessors of a to the right. Likewise, they all checked Course Undemanding, and Less teacher's skills due to their aberrational goals; and are therefore also Work Than Even Perspectives On The Criminal Process. The professor was so shocked that the following year, his/her disregarded. Computers send the names of these people to the IRS. In students were forced to read the entire collection of baby-waving ten years, their tax returns will automatically be selected for audit, and upwards of s%'will be indicted for tax evasion. One-halfof 1%of this paternity cases collected in Chaplin's After a Goldrush. Those who disagree with this tack can always initiate a reverse group will get a chance to become really wealthy when they are sent to scate, thereby lightening the load of those that follow. prison for this crime. (Writing memoirs and receiving great non-law job by John Simpson Ralph J. Stairsteps, now on permanent leave, demonstrating the 'finger-line' method. FGFDGGRDTFDGFD February 9,1978 opinion 3 �Book Review Economic Analysis of Law by Mike Buckets Richard Posner, Professor of Law at the University of Chicago, has updated his earlier edition of Economic Analysis of Law. Published in November of 1977 by Little, Brown and Company of Boston, this second edition with 572 pages spanning 28 chapters explores the interrelationships of law and economics. Posner states in his second preface that it is not his purpose to "survey the law," but rather, as he sees it, "to suggest some problems in [various fields] which economic analysis illuminates." Posner had premised his first edition on the idea that such a text could be used "either as a textbook in a law school course in economic analysis of law or as supplementary reading for law students who are interested in finding out what economics may have to add to their understanding of the legal process." Economic Analysis of Law starts, logically enough, with a brief two-chapter overview of some of the general concepts familiar to students of introductory micro-economics. Commendably, he avoids unnecessary detail and pointless display of economists' jargon. In subsequent chapters he deals analytically with discrete areas of adjective law. Chapter 3, "Property," for example, deals with, among other topics, incompatible uses of adjacent property. Posner invents a hypothetical of a railroad owner whose spark-emitting locomotive passes near a farmer's field. He then assesses analytically the rights, expectations and probable course of action of both parties given various "cost" and "benefit" data. He carries through with the same type of logic and clarity in considering holders of sufficient interests in the same property, e.g., life tenant and remainderman. Chapter 4, "Contract Rights and Remedies," proves to be a thought-provoking 35 page discussion of such contract classics as consideration, reliance, unconscionability and damages. Suggesting a modern-day equivalent of the Hadley v. Baxendale foreseeability issue, Posner loads the consequential damages scale with transportation costs of a commercial photographer who buys film for a Himalayan trip that flounders when the film fails. Posner's insights into risk-shifting, and consequently setting of price terms for contracts, seems well-reasoned. Yet, at times his dogged economic adherence to the belief that efficiency and rational behavior are the twin motors of the commercial machine, undercuts his otherwise prescient analysis. Thus, he asserts that: "If a rule of contract law is inefficient, whatever its noneconomic merits, the parties will simply contract around it; if forbidden to do so, there will be a price adjustment. Thus, if the holder in due course doctrine is abolished, the price of consumer credit wiM rise to compensate installment sellers for the higher costs of operating without the benefit of such a doctrine." by assuming, without proving that the holder in due course doctrine is a necessary as accoutrement of installment credit opposed to the equally plausible notion that such a doctrine represents just one more feature of the typical adhesion contract he concludes that, axiomatically, removal of the "crutch" must be paid for by consumers. This example highlights issues that perplex and baffle even experienced economists. By positing solely economic (as opposed to plausibly, at least, historical — — or even shyster-lawyering) reasons for the doctrine, he restricts his analysis to only positive economic discussion of costs. Thus, he ignores the normative question of whether the doctrine can be justified on any ground. Similarly, in later chapters, Posner focuses almost myopically on dollars and cents answers to questions embracing far more fundamental and indeed immeasurable human values. Thus, his discussion of "sale" of human babies misses the crux of the issue. Similarly, his efforts at economic analysis of society's perceived sexual values is absurd. At page 117, he contends: — — "Laws forbidding homosexuality may be seen as a response to a social demandfor a reduCtfoTTih the rate ofpopulation growth Surely he is at least out of date on that point, if not clearly wrong. Where is his Can such a matter be so simplistically recognition of the changed federal law? reduced to mere desired aggregates of Why didn't he notice 16 CFR 433 or 40 population? However, to point to such pitfalls'in Fed. Reg. 53506 (1975)? It seems beyond doubt that, in fact, consumer credit costs Posner's text without at the same time have not risen as postulated (indeed, in highlighting some of his significant part they are limited by state laws). Thus, achievements would be a disservice to prospective readers of Economic Analysis ofLaw. His i treatment of economics and torts, for example, is superb. He has applied rigorous logic to such standard tort concepts as assumptions of risk, rescue duty, contributory negligence and comparative negligence. — Even if you disagree as this reviewer with some of the policy does assumptions underlying Learned Hand's U.S. v. Carroll Towing Co. analysis of loss prevention, you will nevertheless be enlightened about how courts reason with the formula. Subsequent chapters, on taxation and " distributive justice, among others, do raise and focus significant issues along the economic theme that pervades Posner's discussion of law. Because of the very nature of its ambitious breadth of coverage, this text probably lacks the depth one would require before using it as the core of an economics and law course. However, that shortcoming is more than balanced in another respect; indeed, Posner's text commends itself highly as a collateral text for such courses as Contracts, Torts, Property and Tax. This reviewer is forced to agree with the logical style of presentation and conclude that by framing thought-provoking questions on numerous planes of law, this book has made a noteworthy accomplishment. Posner is exactly on point when he says that such a text "forces the reader to confront economics not as a body of abstract theory but as a practical tool of analysis." By creating a new awareness of a much-neglected field, Posner has broadened the perspectives of his readers. Read the book. — Out of the Garden and into the Hoosegow by Thomas Saitta A while ago I read in a newspaper of a man receiving over 3,000 years in consecutive sentences for one crime. Thinking this a misprint, I quickly checked to make sure I wasn't reading the Courier-Express. To the defendant's misfortune and my credit, it wasn't the Courier-Express and the story was correct. Notwithstanding, the problems of the 4th estate, 3,000 years judgment is either the longest sentence ever given, or from an Alabama court. Whether the sentence was set in Alabama or Buffalo (add ten years if sentence must be served in Buffalo) it's a stiff sentence. What could the defendant have possibly done to deserve such a sentence? After all, James Earl Ray got off with life, Al Capone 20-30 years, Ehrlichman under two years and Nixon $60,000 dollars a year. Is there no justice? 3,000 years is long enough for more than 40 life times. (Or to get through half of Moore's.) Then again, he'll probably just be paroled and out on the streets in sixty years; bleeding heart courts. This sentence, however, is only in terms of years of incarceration. There may be harsher sentences though not as long. Death for instance is cruel but quick. There's also exile, self-criticism, public humiliation, mutilation, term life insurance what's and hard labor. Hard labor inherent in work that makes it punishment? After all, we all work. Wages of course. What separates prisoners from workers is that they are paid the value of their output- Of course, this would make the Modesto Valley and Gallo vineyards the largest penitentiary in the world. But according to the Biblical - 4 opinion february 9,1978 interpretation of work, expulsion from the approaching original sin. (But let's leave Garden of Eden and the need to UB out of this!) So it would appear that henceforth work to survive is punishment restraint and reform are not the goals of for original sin. Not only was this this punishment. What about deterrance? I think not. punishment for life, but it was passed on to all descendents of the defendants (talk Whom would this sort of sentence deter. It about abandoning Mens Real). This would might stop people from eating apples in surely seem to qualify as a Book of the Eden, but it sure as hell ain't gonna stop Month Club selection for the stiffest Love's old sweet song. A minor problem is sentence ever given. One might disagree, reached as the punishment follows Adam pointing to the mass death of the great and Eve's descendants, and people are deluge as a harsher sentence. But this already being punished for something they would require one to believe in Noah and did not do. Thus, there's no reason to the Ark, which is about as plausible as refrain from original sin. (Bentham would Griffin Belt as a Freedom Rider. It might do us welt to inquire as to why such a severe penalty was given to Adam and Eve. As we've all been taught, told, and tutored, you cannot punish on whim or caprice, but solely for logical reasons. Immediately to mind comes the most famous foursome since Heaven, Hell, Limbo, and Purgatory reform, restraint, retribution and deterrance. The question now becomes which of these four goals would expulsion from Eden accomplish. The first two choices, reform and restraint, look dubious. Any method to restrain further original sin or reform people not to commit it seems extremely difficult (historically one can turn to Jefferson's failure in enforcing the non-intercourse act). The whole idea of sending Adam and Eve out of the Garden alone seems counter-productive. Perhaps by forcing them to work to survive, it was felt that Adam and Eve would be too busy for original sin. But as it is written "the sun gotta go down sometime." Unless, of course, they were to be exiled to a place so dismal, so antithetical to all human emotion that it would in and of itself discourage any tenderness or relations even - turn over in his grave) and the punishment has no deterrance value. The final choice is retribution. If so, judging from the severity of the sentence, God must have really been miffed about the whole incident. Could you imagine if he wrote an opinion on his decision? I could picture it now with little brackets every other line saying.[CD] Chief Diety. Who would dissent from God? Not even Douglas. But then again, God would probably just concur and let Cardozo write r the opinion. — INCOMPLETES The following professors would get F's for punctuality if the grade deadline were enforced at the Law School. At noon on February 8, nearly three weeks after the unofficial deadline, grades for the following 14 non-seminar courses were still not posted.. (Twenty-three such grades had been posted.) BELL BREGER GREINER JOYCE JOYCE KOCHERY KOCHERY Torts Civ. Pro. Fed. Tax I Fed. Tax I Grat. Trans. Civ. Pro. II Labor Law McCARTY MANN MUGEL SCHAPIRO SCHLEGEL SPANOGLE SPANOGLE Contracts Con. Uw if ' SbJnE Future Interests Corporations ' Comm. Trans. I Comm. Trans. I Consumer Protection See story, page 7 �NY Bar Studies Advertising Contracts by Bike Muskets j JOE'S Jl In the aftermath of the United States Supreme Court's decision allowing attorney advertising, the attention of the legal profession has focused on the bar's delivery of legal services to the public (See Bates v. State Bar of Arizona, 53 L.Ed.2d 810 [1977]; see also Opinion, Vol. 18, No. 2, pp. 4-5, October 6,1977). According to Quayle, Plesser and Company's "Law Poll" (a new-feature for the American Bar Association Journal, commencing with the November issue), 71% of $ the 602 attorneys polled cited advertising and related aspects of the professional relationship with the public as the most pressing of current issues facing lawyers, 42% of those polled listed advertising as their top personal concern. ** | , DISCOUNT ATTORNEY SERVICE This Week's Special: WRONGFUL DEATH ACTIONS NOT $2,500 NOT $2,000 ] | * $ I | Proposed Changes to Code of Professional Responsibility The,currently applicable section of New York's Code of Professional Responsibility, Disciplinary Rule 2-101 (B), ONLY is identical to the provision in theArizona Code which the Supreme Court declared unconstitutional in Bates. also: To formulate an official response to Bates, the New York State Bar Association empowered its "Action Unit for the $ No. 3 (Legal Services)" to study the situation.The Action Unit's mandate was to submit proposed resolutions, $ (uncontested) price Of 1 including amendments to the Code of Professional Responsibility to implement those changes. The Action Unit met on numerous occasions from public offices, publications and foreign language ability. July through October, under the, chairpersonship of Other information to apprise the prospective client of the Anthony R. Palermo of Rochester. On October 10, 1977 services of the practitioner or firm would include prices for the Action, Unit presented its 48-page report to the Bar basic services, and participation, if any, in prepaid group Association. In addition, the committee authored a legal services' programs. Office hours could be publicized, 26-page compilation of "Recommended Changes" to the as could any fees for initial consultation. If credit cards or CPR. other credit arrangements are accepted, the ads may so According to Henry J. Smith, New York State Bar indicate. If the services advertised are' subject to a Association President, the proposed change to the CPR contingent fee, then the statement ofrates must specify if "provides the means with which to regulate such the percentages are calculated before or after the advertising in the public interest." New York State Bar deduction of costs. By advertising fees, the lawyer is bound for at least 30 News, Vol. 19, No. 7, November 1977, Page 1, Col. 2. The Report of Action Unit Number 3 recommended days to adhere to the advertised price. DR 2-101 (E). that old Section DR 2-101 (B) be repealed. In its place The Action Unit also proposed amendments to the would be new provisions allowing attorneys to publish Ethical Code section of the CPR. Noting that only the "extensive biographical, fee and non-fee data relevant to Disciplinary Rules portion of the CPR was actually the informed selection of counsel." Report at p. 17. incorporated into the New York State Court Rules, the The proposed. regulations place no stciciures on •committee recommended some repeal of the Ethical Code printed media advertising, save for the limiting phrase that (to eliminate redundancy) as well as some re-labelling of it be in a "dignified manner." DR 2-101 (B). Also, the ads Ethical Code sections as Disciplinary Rules. Report, at are subject to a prohibition on claims which are "false, 17-18. fraudulent, misleading, deceptive, or professionally The major proposed changes to the Ethical Codes self-laudatory, or which cannot be measured or verified, or were to Canon 2, which is entitled "A Lawyer Should which contains a representation of quality of service." DR Assist the Legal Profession in Fulfilling its Duty to Make 2-101 (A). Legal Counsel Available." In particular, EC 2-7 was The items which may be permissibly advertised would expanded. Added was the assertion that "lack of include basic biographical data of lawyers (name, law firm, information about the availability of lawyers, the education, admission to the bar), area of specialization, qualifications of particular lawyers, the areas of law in | | $1,999.99 | Div0rce5..........3 * , Lay Magistrates ... Faculty Meeting J | J which lawyers accept representation and the cost of legal services impede the informed selection of lawyers." Recommended Changes, page 2. Similarly, EC 2-10 was modified by the addition of this statement: "A lawyer should ensure that the information contained in any advertising which the lawyer publishes, broadcasts or causes to be published is relevant, is disseminated in an objective and understandablefashion and would facilitate the prospective client's ability to select a lawyer." Id., at 3-4. The revised Disciplinary Rules continue the ban on personally accepting employment in response to unsolicited advice to others to obtain legal counsel, except in the case of a close friend or relative. DR 2-104 (A)(1). Currently, no provisions allow for utilization of electronic media to advertise. If the new plan is adopted by the Appellate Division, then radio ads would be permissible; however, tape recorded copies of any radio "spots" would have to be kept for at least one year after airing the ad. DR 2-101(C). TV commercials would not be allowed. The Committee recognized the difficulties of regulating television advertising. The Committee's Report asks the question: "[W]ho will be responsible for policing claims of fraud and misrepresentation!?] Will the Federal Trade Commission or some other federal body supplant the jurisdiction of the state enforcement agency?" Report, at 20. The proposed changes in the Code were approved by the Bar Association's House of Delegates at a meeting on November 5. The new guidelines cannot be implemented, however, until approval is extended by the Appellate Division's CoordinatingCommittee on Lawyer Advertising. That committee includes Justices Silverman and Steuer (Ist Dept), Mollen (2d Dept), Sweeney (3d Dept.) and Simons (4th Dept). Also members of the committee are four lawyers, including John Stenger of Buffalo. Justice Simons has been designated as chair of the committee. The New York State Bar is not the only professional group working on revising rules on attorney advertising. In December of 1977, the American Bar Association, under the presidency of William B. Spann, Jr., empaneled a seven-member committee to explore the issue of advertising legal services. Significantly, the ABA committee is not limited to lawyers. It includes David Link, the Dean of Notre Dame Law School, as well as a representative of a large Chicago advertising agency. Also on the committee are Sandra DeMent, executive director of the National Resource Center for Consumers of Legal Services, and Truman Eustis, senior corporate counsel for the New York Times Co. The ABA committee was given a mandate to "intensively study" whether bar associations should use institutional advertising for lawyers. Some results or conclusions are expected from both the NYSBA and ABA initiatives within several months. . .. continued frompage one consumed a great deal of they ffoin two page continued that perhaps it would be best to should have graduated cum laude. time." joint dealong club there are still few without an addiHe was enrolled the in very of an exclusive manual struggle than in the past, The cum laude designation is workers on the bench and almost no representatives from the black or tional faculty member. The major- gree program between the Law Asian communities. (ii) The magistrates' court system makes no concessions whatsoever to democratic principles. The magistrates are selected, not elected, and the selection is made from lists submitted by (guess who?) existing magistrates. It is, in other words, an elitest, self-perpetuating system. Whatever may have been Professor Cavanaugh's intentions, it appears that the Opinion reporter and probably other members of her audience received a somewhat idealized version of the operation of magistrates' courts in England. This is always the danger of presenting to art uncritical audience a speaker who clearly has a vested interest in promoting the system he,or she is describing. Anyone who has taken the trouble however, to read, any of the recent studies on English magistrates' courts or who have visted these courts to see for himself how-they operate will realize that things are not quite as rosy as Professor Cavanaugh seems to have depicted them. Finally, I should mention that I offered to debate publicaily with Professor Cavanaugh during her stay at Buffalo die advantages and disadvantages of the magistrates' court system. This offer she chose to decline. ■ tttmei,tn wure Michael King, Associate Visiting enoii Professor , ' Get Your Act Together First rehearsal for "LAW REVUE" Wednesday, Feb. 15, 7.00pm Meet in Ist Floor Lounge ity doubted the teaching ability of School and the School of ManageAxelrod. Would it be best to conment. He graduated with eleven tinue another year without an adH's and twelve Q's (including two ditional Criminal Law Professor? H*'s). Finally, a vote was taken to The following quote from "recommit the recommendation Field's petition gives some of his back to the Admissions Commit- reasons for the appeal. "The mere fact that I was in tee." The final decision as to the hiring of Robert Axelrod has been the joint degree program should left to the Appointments Commit- have been considered when looking at my marks. Being in the tee. Paul Spiegelman was recom- joint degree program required tamended as a prospective Civil Pro- king on a greater course load than cedure professor. Among his re- the average law student. Since the commendors is Prof. Herbert management courses were located Weschsler, who speaks of on the Main Street Campus valuSpiegelman's legal ability in the able study time was taken up highest terms. Other comments re- shuttling back and forth between garding him were: "He has an ea- the two campuses. Unlike law gerness, not just a willingness to school courses, which generally teach in the area of Civil Proce- have one exam, the management dure," "He represents one of the courses had exams several times a lowest risks a better bet for semester which required greater high scholarly achievement." The concentration on those subjects. vote was unanimous to offer Many of the management courses had written assignments for every Spiegelman a position. class as well, in addition to the 1977 Field, Scott a JanArthur reading assignments. While many uary graduate petitioned the faculty for a hearing on his J.D. de- of these writing assignments were gree. Field contends that he strictly perfunctory exercises, ... bestowed on graduates in a purely mechanical manner. It is awarded to those people who receive 50 percent or more H grades and does not include classes taken as part of a joint degree. No extra credit is given for Honors with distinction. Boyer commented, "We see no reason to re-examine the ru.e," before commencing the vote on the petition. The vote was decidedly against Field. The meeting adjourned after Bob Reis deferred his report on the Sea Grant, since the meeting had already been quite lengthy. RESUMES COVER LETTERS REPORTS BRIEFS ALL INDIVIDUALLY TYPED ACCU-TYPE 47 CHRISTINE DRIVE I off Sweet Horn. Road) February 9,1978 691-7480 opinion 5 �BITCH TICKETS 7.11/28/77 COMPLAINT: I would like to know why there is such a hassle in getting change for the xerox machine. The new policy of rationed and regulated disbursement of change seems both asinine and unreasonable. It's bad enough to be hassled with other bureaucracies but over such a trivial matter as this is ridiculous. There can be no valid excuse for this!!!! RESPONSE: Unfortunately, this is not a trivial matter. Change was provided as a service for those using the copy machine to copy law library materials. The abuse of the service by those needing change for the food machines made it impossible to continue as before. A very substantial amount of staff time is taken in getting, sorting and distributing change. The record indicated a significant amount was NOT being used for the copy machine even though, when asked, all those requesting change said yes, for the xerox. If you are being "hassled," it is because of those who abuse the service. The Law Library has no obligation to underwrite the food service. Complain to Food Service or someone else. We cannot justify expenditures from the library budget for this purpose. Time of staff is money. Indeed, the cost to the Law Library to provide the change for copy machines must be carefully reviewed. If staff time is used for that function, something else will not get done. — & 11/28/77 COMPLAINT: New attitude about change Was told I would have to bring the work I wanted with me to be xeroxed next time, asked why I wanted change, etc. Students have to have change to xerox and should not be given the third degree. We have no other source of change and have to rely on the library. If this presents such a problem for staff, some alternative, should be devised that will minimize this unnecessary hostility! RESPONSE: Please see theBitch Ticket immediately prior to this one for your response. - 9.11/28/77 Complaint: I am complaining because when I went to what is supposedly the "law" library, which I assumed wouldbe for law students, on the night of November 14th, I couldn't find two seats together anywhere because the library was overrun with non-law students. I have already heard all the talk about this being a state library open to all but if it is going to be called a "law library," it should be for the study of "law" only. I also find that with all the noise they make, even if you find a seat, the library is worthless since you can't study in it As it is, I find the "law" library a completely wasted facility of the law school, since it is kept from the use of people studying law by overcrowding from non-law people, too much noise from non-law people, and the general wreckage of the library by non-law people. RESPONSE: This is a common complaint to which the library responded in the very first Bitch Ticket. We do expect the problem of overcrowding to be alleviated when the UGL moves to Capen over intersession. Measures will be taken at that time to encourage those persons not needing legal materials to use other libraries. — 10. COMPLAINT: Xerox machines NEVER work. Fix please. RESPONSE: The problem of the xerox machines was dealt with in Bitch Ticket number 4. The machines are old and overworked. When they break down, a call is immediately placed for a service person to come to the rescue. The Library staff are very conscientious in this regard. Prof. Newhouse has promised to review the entire complex situationand has promised results by February 1,1978. Until then, please stand in line with the rest of us! 11. COMPLAINT: It is beyond me how LAW students could find it legitimate to bitch about us undergraduates. Their problem is more likely their workload, and not the people who share these facilities. "If it's noise they are complaining about, then no one would contest the fact that most of it comes from right outside the library doors where mostly law students congregate. Do us a favor and either move those benches, or have signs asking for quieter conversations. Their noise there is a constant bother to us balcony-goers who are mostly undergrads. Now who is being inconsiderate to whom? And if they want a library all to themselves, then why not just give them the entire building, and then all of Amherst. They're just pissed that they didn't make Harvard!!! Quite a sincere student. (P.S. 7th floor is freezing!) RESPONSE: The Law Library is intended for those — — — 6 opinion february 9, 1978 persons studying law or requiring the use of legal materials. All other persons will be expected to make use of the Undergraduate Library when it moves to Capen Hall over intersession. The problem of noise from persons congregating outside v the library stems from the fact that the doors must remain open. These doors, which were installed improperly, are a fire hazard when closed because they open in the wrong direction. One of them also has no spring and slams shut causing more nuisance than persons who congregate outside. For four years we have been trying to have the doors corrected. We have been informed that construction funds have been allocated for their repair along with other repair on campus a target date being next spring. To alleviate the present situation, the benches outside the library have been moved across and down the hallway. In re the temperature problem on the seventh floor, please see Bitch Ticket number 5. Quite a sincere librarian — — — 12.11/30/77 COMPLAINT: Why is it that McKinney's, W.K.M., C.L_». and other often-usedservices are available only on reserve? There are times when the user is unsure about which volume(s) to use and the resulting repeated requests for one volume, then another, etc., while not a serious disruption, is something of an inconvenience. RESPONSE: You have answered your own complaint that is, that these materials ARE often used. The reserve collection is geared to making high use materials available to the most students possible. In addition to equity, we are concerned with loss of primary source materials. Keeping them on reserve means keeping control means maintaining complete up-to-date — sets. Setting aside a limited use area where users would have free access involves problems of space, mis-shelving, and LACK of shelving. The latter two would result in less efficient user access. The indexes to the major sets: McKinney's, C.L.S., N.Y.Jur., and Bender's forms are available at the Circulation Desk counter. Using the indexes will help locate the proper volumes. 13.12/1/77 me. Are these economics books for law students also? Also, the benches are where they were yesterday, so your reply doesn't make too much sense.. The noise does not come from the doors (for they are but inanimate objects) just as "undergrad" noise doesn't eminate from the locked doors of the new UGL and Lockwood. Face it, law students are no different from undergrads: they can be just as noisy and inconsiderate as the next guy. The only difference is that they use bigger words. As concerned as before RESPONSE: The Economics collection is being housed temporarily in the Law Library until Lockwood Library moves out in May 1978. This collection is obviously meant for Economics students or any person requiring the use of economics materials. The benches WERE moved at 3:30 PM on Wednesday, November 30th by a member of the Circulation Staff. Whether students or maintenance staff replaced them is another question. The benches will be moved again today, December 1, and maintenance Will be notified of the - change. Our last reply did NOT say that the doors themselves caused the noise but rather the obvious fact that the doors must remain open. May you enjoy the new UGL when it opens in Capen. - 21.12/16/77 COMPLAINT: If this is the ticket, where's the bitch who comes with it? RESPONSE: The Random House Dictionary of American Language describes "bitch" as: 1) a female dog; 2) a female of canines generally; 3) SLANG: a. a malicious, unpleasant, selfish woman, esp. one who stops at nothing to reach her goal, b. a lewd woman; 4) SLANG: a. a complaint, b. anything difficult or unpleasant; 5) SLANG: to complain, gripe; 6) SLANG: to spoil, bungle. Since you used the relative pronoun "who" which relates to persons, I assume you refer to definition number three. This, however, is an incorrect reference because our Bitch Ticketsrefer to definition number four. 23.12/19/77 COMPLAINT: The new sign on the xerox room is pretty funny. At a nickel a shot, I doubt if you'll stop undergraduates from using the facilities and that makes me happy. Take the stupid sign down. UGL will be open soon and no doubt xeroxing will not be done so heavily here. Till then the sign serves little purpose. If I'm here with my "original" and my nickel, what are the chances I'M run to Ellicott because of the signs? That sign and the "OUT OF ORDER" sign" did flic trick' -how' I "rTAV'-togo to Ellicott, so take the first down and keep the second it works. RESPONSE: The sign is there to advertise a policy of the Law Library. In the event an abuse of this service is brought to out attention, the library will have a basis for recourse. - COMPLAINT: Re: Bitch Ticket number 7 May I suggest that you check out the possibility of installing a dollar bill changer somewhere (e.g., the snack machine area) where space permits and where the noise will not intrude? RESPONSE: The possibility of a dollar bill changer was an obvious answer the library considered long, long ago. We would like nothing better, but the university office who must approve such a move, Vending Services, has absolutely refused for "security reasons." Perhaps if loud 24.12/20/77 outcries from the university community were heard, we COMPLAINT: What will be the basis for recourse? (Refers could be successful in obtaining one. to previous bitch). P.S. The ventilation in here is lousy! RESPONSE: Can't you read??? The sign limiting copying 14.12/1/77 to law related materials is notification of library policy. COMPLAINT: What can be done about the lighting levels Notification is the basis for recourse. in the library? I challenge you to try to read the fine print The ventilation problem is related to the heating/cooling in the dictionaries on the third floor. The same goes for system and not under our control. See Bitch Ticket the notices posted on the upperclass bulletin board outside Number 5. the library. At night, I can barely make out the bold print' in those areas, and I have 20-20 vision. (I'd like to see spot 25.12/20/77 lighting strategically placed to eliminate these problems.) COMPLAINT: If it is recourse, then let me suggest one Along the same lines, the light bulbs in die library place armed students at the door, with the right to shoot stairwells are left burned out for months at a time. I'dlike those whom [sic] "abuse" the xerox machine. to see them replaced as they burn out to reduce the The only recourse I can think of is to rescind the SBA likelihood of an injury. subsidy, but that would be stupid since SBA wants the RESPONSE: Lighting in the Law Library is a grave subsidy. So why the hell do you want to limit xeroxing to problem. Staff also suffer. The problem goes back to the law material? y architect who obviously never had to work in the building P.S. Why don't you just limit the machine to smart people he designed. The problem is intensified by the state's panic then no one at this place would abuse it —or even use and defensive behavior when it sees requests for renovation ft in new state buildings, particularly when such a RESPONSE: The SBA does NOT subsidize the copy controversial campus as this is involved. The renovation in machines no one does. We do not even see the profits so the A-V Department took two years to be approved. we are not about to maintain machines for copying All we can do is replace bulbs as they burn out and ask non-lawmaterials. library users to please inform us when this occurs. Would you also believe that the high intensity bulbs required for 30.1/28/78 most of the lights in the library have to be specially COMPLAINT: Third floor xerox machine. The machine ordered from the company as they burn out? As a result, smells smokey. I can't believe that I've been told to write many of the bulbs must be replaced temporarily with my complaint out without feeling guilty, etc. When lower watt bulbs. there's smoke upstairs. Do you realty believe that this is the quickest way to be certain that there is no fire in the 15.12/1/77 library? COMPLAINT: Oh come off it! The law library may house RESPONSE: The third floor copy room smells smokey law books but it belongs to us all no matter what you because of the numerous fires that have occurred in the say. Grant it [sic] most of us undergrads will go elsewhere xerox machine. The machine was checked shortly after when the other libraries open, so you'll probably get what you reported smelling smoke and seemed okay. The you want. machine is old, and a close watch is kept on it. Remember, there are also economics books here, and what IS and LM curves have to do with jurisprudence is beyond - — ... — - — �Many Final Grades Still Unposted by Tim Cashmore although he said he expected to have his grades in by the week of the February 6. "I usually grade The lines around third-floor bulletin board may be getting smaller, but they're also getting more frustrated. On the.first day of February nearly two weeks after the law school's unofficial grade deadline only about half of the school's non-seminar course grades were — - posted. Although first-year grades are usually the first up, section one students this year were still waiting on February 8 for three of their four grades. Some upperclass students had received none. Although some say this year's grades are no later than usual, they do seem to be generating a great deal of controversy. Some Student Bar Association members have suggested bringing a petition before the Academic Planning and Policy Committee, urging sanctions against professors who fail to meet the grade deadline. The unofficial deadline, which - was decided' orr- by ■ a faculty cotnfrtlweßpls'fourrweeks'after thelast/final exam. That was January 20. Compliance with that deadline, though, has never been complete, and this year, according to Assistant Dean William Greiner, it seems worse than ever. "I don't know why it's taking so long," said Greiner. "It's an aberration this semester." Greiner confessed that he was one of the errant professors, !lj , ug '■: I «>J c3;-iti..:j 3VAH I Ifjj exams in the week between Christmas and New Year's," he explained, "but this year I had to give a presentation in Atlanta that week. Then I had to organize the research and writing program." While Greiner thinks this year's late grades are unusual, Registrar Charles Wallin does not. "There are no more than last year," he said. "Every year this happens!" Greiner sees the problem as an "annoyance issue" the primary reason for the furor, he thinks, is that the students simply are curious about their grades. Many students, though, believe it is more serious than that. If a first-year student did exceptionally badly, for instance, his grades might help him to decide whether to stick out the semester. People looking for summer and permanent jobs might find that each passing day without a transcript makes that task more difficult. ;.'i|.fr-. someone failed a fall semester course, an unduly delayed grade could make that person miss the deadline for adding the same course this One suggestion floating around was to withhold paychecks until grades are in, but that remedy seems drastic at best and illegal at worst. — — semester. One administrator indicated that student protest might be more effective than anything else. "If a group of students marched into the Dean's office, that would show how important they think this is," he said. Greiner did not feel that professors have a "cavalier attitude" about grades generally, he thinks grades are a "high priority." But he and Wallin both noted that, just as there are some professors who always finish grading early, there are others some kind of sanction," said who are inevitably late. "Some of them," said an Greiner, although he was unable to suggest any which would be administrator, 'will not break their humps." both effective and legal. provides almost the only external motivation for getting tests graded. "It would be nice if there was Client Counseling Competition Set for March 4 The Client Counseling Competition will be conducted at the Law School on the evening of February 21. At that time, two students will be selected to represent the Law School at the regional competition on March 4. If successful at the regional level, the team will go to the National Competition in New York City on April 1. One cause of the late grades may be the lack of any sanctions This year's topic is the legal status of unmarrieds against professors who habitually living together. All students are invited to fail to meet the grade deadlines. participate. On February 10, interested students Peer pressure, according to most should pick up a copy of'the materials from Room administrators and professors, 507. There will be an eleven-day time period to study the materials and to do any additional research deemed necessary by the individual contestant. On the evening of the 21st, students will have thirty minutes to conduct an interview with a client. The student will then have fifteen minutes to prepare a presentation to a judge. This presentation may include a summary of the interview, your attitude, legal issues involved, research you feel may be necessary, and any other matters the student feels essential. Faculty advisor for the competition is Jerry Seipp. He can be found in the Clinic Office on the fifth floor. ;:!■;.,; won - A*\,t otH bib r. a ir. "HJUIItT •JMagflcT V»W * ? SMMUWWaW P WftrU* ft>l»ilT»iT^J«n'»JJ^^'>»»*»^»«»*»'T>^T*iT*^»»^»^^>********* BAR/BRI INFORMATION, SECOND YEAR STUDENTS SAVE $100.00 In ■■ - ENROLL NOW! THIRD YEAR STUDENTS f1 Senior Discount of 25% Ends MARCH 2nd ■ $50.00 Deposit sectireS reduced course price $75.00 Deposit secures reduced course price _ __ j ,_.!_SL_ 2 BAR/BRI Books „ rt $100.00 Deposit secures reduced course price PLUS Complete SET of BAR/BRI Outlines J 1 I I II 1 I I Second Year Reps: Susan Barbour Paula Dladla Marc Altonte Jason Pointer Sehlan Kathie Stuart Drumm Barbara Porzio Paul Suozzi George Colettis « 1978 Book Distribution Date: MARCH 2nd I I I I 1 J FREE LECTURES IRVING YOUNGER CPLR COURSE Begins Tues., Feb. 28 md Wed., Mar. Ist Room 107 - 7:OOPM Room 209 - 7:OOPM Tbe First Lecture Will Be Free Of Charge J $35.00 BAR/BRI Students Course (5 lectures): $75.00 others TO RECEIVE NEW BOOKS, OLD BOOKS MUST BE RETURNED! 1 Thinking of taking two Bar Exams SEE YOUR BAR/BRI REPS Intensive Review Course May Be Offered In Buffalo If Sufficient Student Interest. February 9, 1978 opinion 7 �Schwartz on Sportz NHL Penalties Defy Due Process Justice for Enforcer? by Michael Schwartz Kermit Washington's attack on Rudy Tomjanoyich cannot be defended. It was a mistake which everyone, including Kermit, readily by Bill Brooks admits. The punch should not have been thrown and one cannot question the fact that such violence has no place in basketball. After Ice-hockey is overwhelmingly popular in two months of condemnation, however, it is time to examine the fight, hopefully Buffalo. That's understandable -* it's the only the reaction to the fight and the underlying problem, putting everything into perspective. professional team in Buffalo. (Actually, Buffalo had Knicks.) The fight began when the Houston center, Kevin Kunnert, threw V/i, but the !4 is now playing for the city, some punches at Kermit Washington, the Los Angeles forward. In However, would hockey be so popular in this with are those who enthralled to floor. especially among the retaliation Kermit punched Kunnert, knocking him Lambert Needless to say, the basketball court was a mass of confusion. Kermit Jimmy Griffin's law and order stance (Mrs. lawless looked up and saw Rudy Tomjanovich of Houston running towards are you listening?) if everyone realized the but violence, supposed Not the game. Kermit nature of the defense, as an instinctive act of what he later described him. In and the disregard principles the for constitutional hit Tomjanovich, who crumpled to the floor seriously injured. pervades the The reaction of the league and the public was swift and quite antiquated criminal justice system that vocal. N.B.A. Commissioner Larry O'Brien imposed the most severe game. Ice-hockey ignores all due process principles. fine in league history. A $10,000 fine was levied in conjunction with a When someone is sent to the penalty box, is he given $50,000. of around long suspension, resulting in a total financial loss a trial to determine whether he is really guilty? Not named as a defendant a civil action in likely is to be addition Kermit In so much as a hearing, much less representation of basketball club. brought by Tomjanovich and the Houston noted in Powell v. The public outcry has been widespread and harsh. Tapes of the counsel. As Justice Curtis 278 U.S. 1932: Alabama, TV only sports not on network incident were played and replayed shows, but also during national news broadcasts. The fight was even hearing [are] basic elements of the the subject of an unfunny commentary by Garret Morris on NBC's notice and Saturday Night Live. Kermit has received a great deal of hate mail, constitutional requirement of dueprocess oflaw... the right to be heard would be, in many much of it racially motivated. The fight has reached the nightly comic [and] right pages by the vehicle of the "Tank McNamara" cartoon strip. The strip cases, oflittle avail If did not comprehend the by to be heard counsel. point, (see below) on of January 24 is particularly ' ... The fight has even had an impact here in the Buffalo University community. An article in the Reporter of January 26 described the views of UB Professor Herbert L. Foster, who has written a book on inner city children. Professor Foster believes that this fight, and others similar to it are the results of racial tension and survival techniques which must be learned to succeed in street corner life. He argues that the fights are caused by racial intimidation or "woofmg" by the black player against the white. To rebut Dr. Foster, it should be pointed out that Commissioner O'Brien's investigation did not indicate that race was a factor in the Washington/Tomjanovich fight. The facts show that after beating off one assailant, Kermit Washington was afraid that another Houston player was charging to attack him. There was no hint of racial intimidation in the Washington reaction. Perhaps by the time this column is in print Larry O'Brien will have decided whether Kermit's suspension should be lifted. There will be those who say that, since Tomjanovich's season has ended, Kermit's season should also end. I would argue that this eye for an eye philosophy is pointless. Kermit has suffered enough. Aside from the monetary penalties, he has been branded as the player who damaged Rudy T. Despite his later accomplishments, this one incident will always hang over his head like a dark cloud. The important factor is that further suspension of Kermit Washington will not help to solve the problem of N.B.A. violence. The punishment has been severe enough so that the public need for retribution has been met and so that the other league players have been made aware of the dangers inherent in fighting. To stop the players from fighting all types of overreactive body contact must be discouraged. College basketball has been experimenting with a third referee and I would suggest that the pro league utilize this extra official to monitor play in such trouble spots as under the backboards. While basketball is theoretically a non-contact sport, in a practical sense physical play has become a part of the game. The best method to prevent further violence is to prevent the physical play from becoming All notice requirements also go by the board. A defendant many times is unaware of the charges until he is in the penalty box and his transgressions are announced to the crowd." Proportionality is another real problem. Although some differences exist between the severity of some penalties, such gradings are not nearly enough. A player who intentionally cross-checks receives the same sentence as one who accidentally trips. A person who accidentally draws blood is strictly liable and will receive a sentence Xh times the sentence given to a player who committed a minor penalty, regardless of his mens rea. Nor has the National Hockey League heard of the concepts of justification or excuse. "When one who is without fault himself is attacked in such a manner or under such circumstances as to furnish reasonable ground for apprehending a design to do him some great bodily harm and there is reasonable ground for believing his danger imminent" the victim will be justified in taking action against his assailant, Shorter v. People, 2 N.Y. 193. When a player is maliciously attacked and attempts to protect himself, his penalty is almost . always identical to that of his assailant. That's justice? If two players are fighting and a third wants to join the fray, what happens? Rule 24 (Intervention) of the Federal Rules of Civil Procedure states "upon a timely application anyone shall be permitted to intervene in an action." Such a rule is non-existent in the N.H.L. An intervener is not only prohibited from entering the dispute, but gets thrown out of the game. Besides ignoring many rules of law, ice-hockey's penal system thoroughly ignores any concept of penology. Perhaps one reason why the game is plagued with so much violence is that the system is so antiquated. Once a player is penalized, unless the other team scores, a player is stuck in the penalty box for his entire sentence. Perhaps hockey should institute a parole system. Any first offender, instead of being given a two minute penalty, should be incarcerated for one minute and placed on parole during the second minute, providing he iseligible, in which certain restrictions would be placed on his behavior, e.g., not being allowed to cross the red line, or not being allowed to check an opponent. Thus while a first offender would receive one and one, a second offender might receive a two or three minute term in the penalty box with a one minute parole, a third offender a four or five minute term, etc. This is not to say a player should* spend all his time in the penalty box. Work-release programs could be established that would enable the player to become reintegrated within society while serving his sentence. Such a program might have the player selling popcorn or hot-dogs in the stands while serving his time. If the N.H.L. is truly concerned with eliminating violence from the game, then perhaps it should institute the death penalty for all incorrigibles. (Incorrigible could be defined as one who receives seven penalties in one game, or perhaps one who has received three hundred minutes in a season.) Instead of the usual methods such as ele-traerttier)! the defendant could be placed at center ice between periods and drawn and quartered by two zambonis. Unlike state legislature, the N.H.L. would not have to worry about the cruel and unusual punishment clause which has not as yet been made applicable to the league throught the 14th amendment. Anyone who has been forced to watch the New York Rangers during the last three years can testify to that. GRADUATING LAW STUDENTS Photographs for a class composite will be token at the Law School on: FRIDAY, FEBRUARY 84 MONDAY, FEBRUARY 87 TUESDAY, FEBRUARY 88 Cost for Composite and 6 color proofs $4.00 [payable on the above dates] excessive. Ed. Note: Commissioner O'Brien has made his decision, which agrees completely with Mr. Schwartz's views. Mr. Schwartz was acquainted with Kermit Washington when they both were attending American A $2.00 credit from the $4.00 fee will be allowed on any orders of Individual portraits. University. � SBA ELECTIONS � WAIVER APPLICATION ANNOUNCEMENT ELECTIONS FOR SBA OFFICERS TO BE HELD Confidential Fee Waivers (of the mandatory student fee of $16.00 per semester) for students demonstrating financial need will be available starting FEB.9, 1978 in front of the SBA office and the Registrar's Office. MARCH 1 & 2 PETITIONS FROM SBA OFFICE AVAILABLE Feb. 8-14 Due: Feb. 14 opinion february 9,1978 8 + These confidential applications must be returned by 5:00 PM, FEB. 21, 1978 at these same places. Spcific instructions for applications for waivers will accompany the applications. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1978-02-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/9/1978 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5706ae2e03919a1dc73c82f863bf2000.pdf fc8e7d856fa05d6ebb328fc2278e9b1d PDF Text Text Buskus, DeWaal Desmond victors The annual Charles S. S. Desmond, Judges Jasen and Moot Court Jones, currently sitting on the competition was held the week of Court of Appeals, Judge Ellsworth November 14 and was very A. Van Graafeiland of the second successful. Twenty three Circuit Court of Appeals, judge Desmond 2-member teams participated in the competition which was judged by over one hundred members of the Buffalo legal community. The issues this year were the constitutionality of an administrative search conducted by investigators of a State Food & Drug Commission, and the validity of a sentence imposed for possession of a controlled substance found during that search. The finalists in this year's competition were Mike Buskus and Gary DeWaal, Jeff Licker, and Andrew Cosentino. The final round of this year's competition was judged by a stellar panel of jurists which included former Chief Judge of the N.Y. Court of Appeals Charles Simons of the Appelate Djyfsion~ of the State Supreme Court, and Kenneth Joyce, the Faculty Advisor of the Moot Court Board. The final round of the competition was held on Saturday, November* 19, in the Alden Moot Court Room. The winners of the competition were Buskus and DeWaal. Members of the existing board were particularly pleased by the size of the turnout among the student body this. year. Along with the Albert R. Mugel Tax Competition, an. interschool competition run by the Moot Court Board in the Spring, the Desmond is the premier event in which the Board is involved. Particularly pleasing to the board, Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 Volume 18, Number 5 « in addition to the size of the turnout, was the quality of this year's judging panels. Despite a lack of Faculty interest and response to student-run events, attorneys and Judges from the Buffalo Legal Community-made an excellent and enthusiastic response to the Board's request for their participation in the event. This opportunity for students at the law school to meet with and discuss issues with practicing members of the bar is generally looked upon as one of the main reasons for the popularity of the event After the final round of the competition on Saturday, the contestants and a large number of the judges in ihe competition, including all the finals judges, enjoyed themselves at a cocktail party and a banquet sponsored by the Board and funded by the Alumni Association. Awards were Prof. Kenneth Joyce (center), Moot Court faculty advisor, poses with this year's Desmond Finalists (I. to r: Gary DeWaal, Mike Buskus, Jeff Licker andAndrewCosentino). S given at the banquet to Buskus and DeWaal as winners of the competion; to Licker and Cosentino as first runners-up in the competition; Gary Papa as the best oralist in the competition; and Cosentino and Licker as the best brief writers in the competition. The highlight of the banquet was a special presentation made by the members of the Board to Professor Kenneth Joyce, for his help and Opinion State University of New York at Buffalo School of Law participation in Moot Court Activities over the years. Professor Joyce was given a Gold Pocket watch and told by membersof the Board that "he knows why". The competition was a huge success, and the members of the existing board will now turn their attention to choosing new members for the next year's board from among this year's competitors. Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 November 21,1977 Mitchell Lecture Kamisar Calls for "Honest" Euthanasia On Thursday night, November 10, before .a crowd of almost 300 students, professors, lawyers and the interested public, this year's Mitchell Lecturer, Professor Yale Kamisar of the University of Michigan Law School, delivered his public lecture entitled "A life not (or no longer) worth living: Are we deciding the issue without facing it?". After his one hour presentation on the euthanasia debate, Professor Kamisar entertained questions from the audience for about 45 minutes. The thesis of Professor Kamisar's presentation seems to have been that while euthanasia, or the practice of mercy-killing, seems very distasteful, it does in fact exist. Kamisar argued that while it has been in effect tolerated, no legal standards have been supplied to guide the medical profession or others in the resolution of this vexing issue. He ultimately advocated the formulation of narrowly circumscribed criteria to allow very limited passive euthanasia, by means of, at some point, discontinuing the medical effort to sustain life where death is both imminent and irreversible. Kamisar began his lecture by summarizing the details of the celebrated Karen Quintan case decided in 1976 by the New Jersey Supreme Court. Kamisar noted that the Quintan case "focused worldwide attention on the need to relieve the dying of the constancy and severity of the pain and evoked much sympathy for the pain-wracked terminal cancer patient." In the Quintan case, the Court acceded to Ms. Quintan's parents' plea that her doctors be allowed to "pull the plug" on the artificial respirator which was sustaining her life. According to Kamisar, Paul Armstrong, the attorney for Karen Quintan's parents, had indicated in court that Karen's condition had reached a plateau from which no improvement beyond vegetative existence could be forthcoming, even essentially no worse than the passive kind when the end sought is the same." In contrast, Kamisar noted that his view was that "although emotionally or intuitively it may be much more appealing, passive euthanasia is essentially no better than the active, more direct, variety." Continuing, he added that because he was "dismayed at the degree to which passive euthanasia is evidently being practiced, [his] purpose in depreciating the passive/active distinction is to get doctors and others to re-examine what they have been doing passively and negatively and to feel more uncomfortable about that." He explained that he was convinced "that passive and active euthanasia should be separated for pragmatic reasons... Mitchell Lecturer Yale Kamisar Passive euthapasia should be tainted by the under the most optimistic medical opposite only nine years earlier. At that active euthanasia movement [and] a public diagnosis. Armstrong had maintained that, time, affirming the dismissal of a policy on 'letting die' should have to carry rather than terminating a life, the cessation malpractice action by [the parents of] a the burden of a social judgment about because of the killing." of the "extraordinary, means" of the severely effected child Realizing the difficulties of an absolutist respirator would merely! prevent needless doctor's alleged failure to inform the mother that her child would be born with "no euthanasia" position, Kamisar prolongation of the death process. In reaching its decision, the highest birth defects, so that the mother could conceded that some mercy-killing could be court of New Jersey, adverting to the obtain an abortion, the New Jersey justified. However, he asserted, it should be privacy rights of Karen and her parents, Supreme Court thought it 'basic to the of the "honest, straight-forward type." To implement his ideas on properly concluded that if Karen had her full mental human condition to seek life and hold on limiting such killing, Kamisar declared that faculties momentarily so as to enable her to it, however heavily burdened." Jersey "[t]he time has come to bite the bullet to assess her own plight, she would Further decrying the certainly have decided on euthanasia. The decision, he added that Quintan case "may and to establish rigid criteria and procedures for honest, court concluded that since she could not have provided euthanasia proponents with appropriate make any decisions, her parents, as something that has eluded them for straight-forward euthanasia in very limited guardians, were best able to make the decades: the bridge between voluntary and situations. This would be a dirty business, decision for her. involuntary euthanasia; between the right but it is essentially the lawyers' business. Some doctors may not agree... Kamisar sharply objected to the to die and theright to kill." embraces the most Kamisar then discussed what some [Euthanasia] rationale of the New Jersey Supreme Court, noting that the evidence adduced at non-judicial "experts" had written about fundamental moral, political and legal trial was inadequate to show that Karen the passive (don't do anything more to save questions, and if we lawyers aren't the life) versus active (direct terminationof well-equipped to solve them, I don't know would have in fact made such a choice. Kamisar added a rejoinder to the the life) euthanasia debate. Referring to who is better equipped. Now, we layers but if we shrink Quintan decision: "Indeed, the New Jersey what a noted theologian, Dr. Joseph don't relish the task Supreme Court's somewhat startling Fletcher, had written about the same issue, from this task, we shall be like a famous presumption against self-preservation is all Kamisar concluded that "Fletcher's general who, (quoting from Felix S. the more remarkable when one recalls that message is that although psychologically Cohen), objected to war on the ground this very same court assumed just the more repelling, active euthanasia is that it ruined the discipline of his army." . ... �Letters to the Editor - Law Review A Forum for All TO ALL STUDENTS OF THE FACULTY OF LAW AND JURISPRUDENCE: BITCH TICKET New Library Complaint System The editors of the Buffalo Law Review are interested in receiving outstanding quality written by students who are not members of theReview. Although we realize that our primary duty lies in assisting in the publication of articles by those students who join the Review, we believe that the Review is obligated to provide a forum for all students of the Faculty of Law and Jurisprudence who desire to publish. We therefore take this opportunity to invite all students to read the Review's GUIDELINES FOR STUDENT ARTICLES, below, and to consider submitting a manuscript. If you have any questions, 1. The Complaint please feel free to stop in at theReview office. The building is too crowded with persons who this library is Cordially, not and was not designed for. The Editors Undergraduates are noisy, restless and space takers. They are* irresponsible and fail to maintain the study atmosphere. BUFFALO LAW REVIEW I realize that -1 write in GUIDELINESFOR STUDENT ARTICLES generalities but that is all that this ticket enables me to do. I also Topic. The topic must be one that has not been exhausted by other realize that this is the only library articles. The author should present a new approach to the subject and available at the present moment provide novel insights for the reader. Thorough and careful research is but as soon as the new main mandatory. library and UGL open I would like to see access to the law Form. Every manuscript must be typewritten (triple spaced), and library restricted (at least on a one should have an introduction, a body with concise and informative semester trial basis). 11/1/77 headings introducing each section, and a conclusion. All assertions must be documented, and the author must clearly indicate when he or The Response: she is expressing an opinion. Every manuscript must be well organized, The Law Library, in sympathy and grammatically and substantively accurate. Footnotes must also be with the recurring problem of typewritten, and in precise Blue-Book form. overcrowding has restricted the use of carrels and conference Procedure for submission. Manuscripts should be submitted to the rooms on the 2nd and 4th floors Editor-in-Chief who will assign editors to read them. Each manuscript to law students. Any law student must be accompanied by a brief outjine and a statement of theauthor's deprived of study space in these reasons for believing it to be suitable for publication. Any author areas has the right to assert him or submitting a manuscript originally written as a seminar paper must herself and request that non-law name the professor for whom it was written. persons leave these areas. The Undergraduate Library is Follow-up. If the manuscript has strong potential for publication, an scheduled to move to Capen Hall assigned editor will meet with the author to suggest possible over intersession. This will improvements and additional work. IT IS ESSENTIAL THAT EVERY hopefully relieve some of the papers of AUTHOR" UTIDERSTANrD"S~ THAT 'VIRTUALLY' 'ALL congestion. MANUSCRIPTS REQUIRE SUBSTANTIAL ADDITIONAL WORK At that time, an effort will be BEFORE THEY ARE PUBLISHABLE. In addition, the author is made to discourage use of the responsible for any retyping _ts well as xeroxing costs that may be Law Library by persons not necessary. needing to use legal materials. 11/3/77 O'Brian Oblivion 2. The Complaint: Dear Editor, I would like to comment on the continued failure of the Law school administration and/or the University to provide the law school building with directories., to inform persons using O'Brian Half of just where offices are located. Maybe I have a particularly bad memory but I find it aggravating constantly having to trudge to the third floor to find out where a professor's office is, or where a professor's secretary's office is. Visitors from outside the law school are regularly confused as to where things are, especially when searching for non-law offices since law students are often unable to give directions either. In 1975 I asked Mr. Wallijn when We could expect some directories 1 to be posted in our hallowed halls-. He informed me that directorieshad been on order for a long time but that the cost was prohibitive, and that the university was searching for something less expensive to use. I accepted that answer until the time that numerous signs, maps, directories, etc. showed up on the walls of Baldy Hall. How is it that Baldy, which is far newer than O'Brian, managed to obtain these trial markers when O'Brian is still waiting? If someone can afford to put them up in Baldy, they can do so in O'Brian. This issue may seem somewhat petty. I guess the reason it is so irksome to me is that it appears to be another in a long line of examples of this University's insensitivity to the needsof the people it serves. Somehow millions of dollars can be found to build huge, impractical monsters like O'Brian, complete with doors that don't open, air conditioners which can't be adjusted in the summer, heaters that blast in the winter, wide-open unused spaces, and overcrowed lecture halls. Money can be found to plant forests of nearly grown-up trees and lawns of ready-made grass. But the money is awfully scarce when we need more staff in the library, competitive salaries for professors, shelters to shield off the winds, rains, and blizzards common to these parts, and even smaller things like directories to make it a little easier to find things in the building we're stuck with. I suppose we should be grateful for our beautiful, asthetic library and not ask for anything more. - , No smoking rules in the library should be posted CLEARLY throughout all levels and STRICTLY ENFORCED. Smoking is not only annoyingand unhealthy; it is messy (ashes all over study tables arid carrels), and inconsiderate (there is no ventilation), and dangerous books are FLAMMABLE! HI A/77. ';, - The Response: — There! All you library users from one of you have heard it your own!! . New signs have again been posted. We can only enforce what we see. Please don't smoke in the Library! 3. The Complaint: Do you have to close so early? It is now 5:10 Sat. and I am locked in here. 11/4/77 The Response: The library closes at 5 p.m. on Saturdays. Patrons are requested to leave at 4:45 to facilitate closing operations i.e., picking up unshelved books, turning off lights, etc. Each floor is checked to notify persons that the library is closing. This is done so early enough to allow persons to reach Becky Mitchell an appropriate climax in their activities before packing up to 2 Opinio^ - To theEditor: The enclosed Bitch Ticket represents a new means for patrons to voice their frustrations with the library. Bitch Tickets are available at the reference desk. Persons who put their corhplaints in writing will be given a written response from the library staff on the reverse of the ticket. Completed tickets will be filed in a looseleaf notebook at the reference desk for everyone's perusal. We would like to print each complaint and response in the Opinion. This, of course, is subject to available space and user response to this new service. Please find enclosed our first complaint. Karen L. Spencer Thank you for your support. Audio-visual Librarian vacate the library. Due to budgetary constraints we are unable to maintain later hours. This is true of all the University libraries. However, we hope to be able to extend library hours during the exam period. preference in hiring but most law students prefer research jobs provided in law school or with law firms. As for a pay incentive, budgetary controls limit student workers to a particular wage. Although we may not agree with the 60 to 65 degree temperature, we do agree that the 4. The Complaint: Why can't more xerox library is usually too hot or too machines be obtained for the cold. We have no control over the library? All to often the lines of heating system but place frequent people trying to use such complaints with the Maintenance machines are all too long. And, if Department. The extreme the lines are not too long, it is temperatures play havoc with only because the machines are everyone's health, to say nothing broken a state they are of the condition of the books and perpetually in. 11/6/77 microforms. The current heating difficulties The Response: are apparently due to the fact that The problem of xerox the air conditioning was turned machines in the Law Library for off just before the November general users has a troubled heatwave. If you wish your history almost beyond rational complaint to go further, call Ed explanation. No one is absolutely Doty, Vice President for Finance certain of all the problems and and Management, at 636-2933. how to deal rationally and satisfactorily with them. Another effort will be made to improve the 6. The Complaint: situation within a reasonable Would it be possible to keep period of time. However, no the New York Times available for promises are being made! reading for some period of time say 3/4 months or a year before 5. The Complaint discarding them? I understand The Law Library should be they are discarded immediately. open later on Saturday nights and 11/7/77 earlier Sunday, e.g. at 10 a.m. on Sunday. Also, priority should be The Response: given to law students in hiring and The Library's policy on the a pay incentive that would New York Times has been to try encourage them to work late to keep it for at least a week as a Saturdays and early Sundays browsing item. Because of its high should be set up. usage, it literally falls apart or P.S. Is there any way the disappears in a few days. library could be kept at a constant In consideration of your 60-65 degrees F? suggestion, we will keep the Times as a reserve item for a week, The Response: requiring. I.D. cards to circulate it. Due to budgetary constraints This will hopefully cut down on the library cannot open for longer the "misplacement" of the paper, hours on weekends. Also, past although it will cut down on the experience has indicated that free access at the same time. .Saturday nights * and Sunday Space and practicality do not mornings; are' low use periods and allow us to keep the Times for do not warrant the library being longer" periods. Part of the open. However, we hope to problem will hopefully be extend hours during the exam alleviated when Lockwood period. Library moves out to thiscampus Law students are given with its full collection of papers. Volume 18,Number 5 November 21,1977 -- »-» — ..... Editors-in-Chief ~... Kirn Hunter .John Simson Becky Mitchell r_-<|j chavis Editor Photo Editor Business Manager fed Firetog Staff: Bill Brooks, Mike Buskus, Tim Cashmere, Sheryl Reich, Michael Schwartz, Dwight Wells, jane Zanglein Contributors: Carole Gardner, WayneLopkin, Nancy Peck Copyright 1977, OPINION, SBA. any republication ot materials herein is strictly prohibited without the express written content of the Editors. OPINION it published every two weeks, except for vacations, during the academic year. It It the ttudent newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 1.4260. The viewt expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION it a non-profit organization, third class pottage entered at Buffalo, N.Y. Editorial policy of OPINION it determined collectively by the Editorial Board. OPINION it funded by SBA from Student Law Feet. Composition: University Press at Buffalo, Sub-Board I, Inc. - �More (?) tetters California Dreamin HERE AT THE WESTERN NEW YORKER To the Editor: This is in response to an article by Ms. Jayne Zanglein entitled "All Rumors About Schlegel True," in the October 20, 1977 edition of Opinion. The article was brought to my attention by none other than John Henry (Schlegel, that is, himself). Perhaps I should introduce myself. I began law school two years ago at U.8., and through some stroke of luck (my last name is Schwartz) ended up in sectjon three, which at the time consisted of Katz, Lindgren, Schlegel and Bouncing Bobbie Gordon. Gordon is gone, as am I. I spent a year in law school and then transferred to UCLA's graduate department of Kinesiology-Body Building School according to the four profs of old section three. And now that you know from whence I obtained the presumptuous opinions that follow Katz is, as Ms. Zanglein noted, dynamic, cynical, and super-intelligent But that's because he tries so hard. In fact, he tries almost as hard to be cynical as he does to be "very sexy to the females." It sounds as if he's getting better at both as he moves closer to 40. Gordon, no longer there, was an amazing person. McCarty has a bunch of nervous energy, but compared to Gordon, who would literally "bounce" off the bricks that Schlegel wrote (and writes) on, he's closer to the Maharishi Mahesha Yogi. Gordon was so nervous that just to be doing something he would pick up and read a Sheperd's. That's like reading only the numbers in the N.Y. Stock Exchange ... r report. Ms. Zanglein is obviously sexist. To come up with "Katz is sexy to the females" and fail to mention Janet Lindgren's effect on the males. Ah, but then perhaps I assume too much. No, it cannot be that male law students have changed so drastically. Certainly Lindgren hasn't*** Schlegel! What can be said:-What Katz failed to mention when he stated that "All rumors about Schlegel are true" was that the one third of the rumors that are false would be true if Schlegel were the subject of them. Schlegel (what a name, but then mine is no gem either) had an uncanny ability to say everything important in apposition and to himself. Ms. Zanglein must surely have made an error when she stated his two favorite sayings. He could not have changed so completely. His two favortie sayings are "That's just plain Hogshit!" and "I don't give a rat's ass!" Truly a remarkable fellow. And so, there you have it. But don't take my word for it. Ask someone from that section three (1975). And, oh yes, Thank you Ms. Zanglein for bringing back fun memories,.. well, sorta fun, anyway. ■' , ;•-.<>' ,V -• ;•</ ,-■; ... „ ,c •, . •..-• h ,i- .-. David Schwartz, SUNYAB UCLA Campus Division . Note: I have two comments to direct toward Mr. Schwartz regarding his interesting letter. First, I am not a sexist. (You didn't think you could really get away with labelling me a sexist, did you?) The opinions in the article which I wrote were not my opinions and I do not take responsibility for any of them. It just so happens that none of the men in section three listed "sexy" as a word to describe Lindgren, and many of the females did refer to Katz as "sexy.". And as to Schlegel's two favorite phrases, I don't believe I've heard him say either of the two you have mentioned. "What's the Plaintiff's problem?" is still number one, with "By and large ..." coming in for a close second. Perhaps things have changed a bit in your absence Mr. Schwartz. Thanks for writing and best of luck in your "Body Building School!"-/.Z BY S. R. The Uniform Commercial Code ("UCC") is the final product of a major law reform task carried on by some of the ablest minds of the Legal Realist School of American Jurisprudence. The Code has been adopted by forty-nine states, and has virtually revolutionized the commercial world. As with any living body of law (witness Justice Douglas), its obscurity is obviated by its flexibility in being readily made meaningful in new contexts. It is by way of this introduction that we are proud to be the first to announce that Governor Carey has recently signed a bill which expands the applicability of the UCC to family law. The Governor, who has 12 children, said that he was personally looking forward to Article 9's provisions on bulk sales. The family law area has been hitherto unecessarily afflicted by a mire of confusing statutes, dirty courtrooms, and altogether unpleasant results. It is greatly hoped that with the expansion of the UCC into this area, some of those high-priced lawyers will start whipping the area into shape. Though we think it is immediately obvious how the Code will -revamp the' entire practice of family law, we have chosen to explore the changes it wilt bring to selected topics in the area of divorce. We would like to add, by way of a personal note, that the marital relationship of Karl and Soya is not the historical fact upon which the Code was based, though we have heard that Ruth Gordon was chosen to play the lead in the forthcoming film. We will now discuss the Code on Reconcilliation, Adultery, and Anullment. When an individual comes to you as an attorney and complains of a failing marriage, the UCC requires that you follow certain procedures. rcconcilliatory Games for Section 3 "Letter of advice," 3-701, "negotiation," 3-202). Before this is done, however, it may be a good idea to examine the underlying contractual arrangement of the parties. One of the big problems of the area is the use of standard form contracts with a great deal of small print Though the parties tend to act as though they were obligated only by 2-206 ("Offer and acceptance in the formation of a contract,") 2-207 ("Additional terms in acceptance,") and 2-205 ("Firm offers"), there are certain things about which the parties have no flexibility. Unfortunately, this can barely be found in the Code. See "Security"-8-102 3-417). Are there any procreative disabilities? See "Unexcused delay; discharge," 3-502; "Time allowed for acceptance," 3-506; "Satisfaction," 3-603; "Impairment of recourse," 3-606. If there are no grounds for an annulment, divorce is your alternative. Adultery Do you have a holder? 1-201(20)? Before you do anything, be sure to look at 2-722 for who can sue third parties for injury to goods. The gravaman of the complaint is really conversion of the instrument (3-419). After serving notice of dishonor (3-501), make sure that you have evidence of dishonor (3-510), and that the accommodating party is available (3-415). AVOID WROMGFUL DISHONOR. (4-402). Also, be aware of the doctrine of construction against negative implications (7-105), a clear departure from prior law. If adultery isn't in the cards, try cruelty. Cruel and Inhuman Treatment: Failure of consideration (3-408) is the best tact. "Improper handling," (7-301), "Overissue," (8-104), "Irregularity in issue," (7-401), "Stoppage-of delivery'" (7-504) (also abandonment), and perfection," "Continuity of (9-303) are all available. Observe the duty of care standard (7-204). It is hoped that the above guide will serve as an example of the ways in which the Code is not only readily adaptable to family law, but now, when we bring commercial lawinto thisfield we are finally recognizing how susceptible the area has always been to it - — "Ambiguous terms" 3-118 "On demand" -3-108 "Duty to deliver" 8-314 - well as the general housekeeping provisions of Article as 1. That aside, it is important to determine whether the parties have in fact made a valid contract Was the promise unconditional? (See 3-105). Remember that there is only a limited duty of inquiry (8-403). If there is no valid contract, your client may have an action for the price (2-709), clearly a lost-volume seller. There is of course liability for misrepresentation (1-203), ' but your party will have the burden of proof ofloss (4-403). If you determine that there is a valid contract, think about annulment Was there fraud? ("Warranties on presentment," KASS PROBLEM ANALYSIS CLINICS FREE Sample Tapes to Be Played (See Tuesday, November 22,1977 7-10 p.m.. Room 108, O'Brian Hal FREE Problems Will Be Distributed ..- At the Session — Name That Prof. and What's Their Line And now a Section 111 Thanksgiving Quiz. Which, ofyour four professors, frequently use the following phrases? Note: This test will be a good Indication as to how alert you have been In class these past few months. . 1. "Right Mr. Winn? Say 'Yes." 2. "How are we going to make this thing fly?" 3. "I wouldn't be here if I thought I couldn't learn something from you." 4. "Let's take a step backwards." 5. "Alritfit now, Mr. Shapiro ..." 6. "Read the goddam code!" 7. "Let me hold that question for a moment." 8. "What's the plaintiff's problem?" T3. 'That's not cool!" 14. "????" 15. "Go away!" 16. "You're right, your argument makes sense." 17. 'Things like that just don't happen in Buffalo, where life is cheap!" 18. "Bye class!" 19. "What do you think about Mr. .'s question?" 20. "I had asked you, when last we met, to .. consider..." _1. 6.Z 2.S 7.L 3.X. B.S 4.4. 9.Z 5. Z 10.X I.Z 11. "Okay, that's useful/ 12. "BLAH, BLAH, BLAH, BLAH!" "What you're really saying is ..." 22. ."What's this case all about?'1 23. "Do you really want to-say that!?" ■ • 9. "Can anyone suggest a remedy? DQeS o^sf^p*wif^m^lnnnfwwww anybody really care? Is there anybody in this room?" 10. (to student asking the question) "Well, ANSWERS: S=Schlegel, L=Lindgren, K=Konefsky, Z=Katz what do you think?" ILL- lis 13.Z 14.X IS.S 16.L 17, Z 18. S 19. X 2a L - 18 23 You wll make a good lawyer, for jf you are this observant to the nonsense and verbose verbiage of everyday class, you are unlikely to fall asleep at trial. 24 or over Back to zero. There were only 21. Z %S 23. Z. — 23 questions! Wake up! QUIZ ANALYSIS Additional Announcements Professor Schlegel's Section II field of correct trip to the Buffalo Zoo has been cancelled. Professor Konefsky is in critical answers): 0-5 Youll do well on the finals, for condition at the Buffalo Good Samaritan you're more interested in substance than in Hospital after having swallowed (length-wise) his number 2, monogramed nonsense. Slightly aware 6—ll of your lead pencil. Get well cards may be environment' and able to stay awake. You addressed to "Deep Throat," care of the would do -well .to pursue a career in aforesaid named hospital. The Buffalo Police Dept. is presently teaching Civil Procedure. 12-17 Quite alert to trivialities. You holding Professor Katz's living room wall in qualify to have your initials enshrined next custody at the City jail, pending to those of "|S" in the hallowed hall of prosecution for indecent exposure and the wall was Room 108 (or next to "Spiderman" should intoxication (i.e., "plastered"). you prefer to rise to such levels). Grading Analysis (number - - ... dpVn&n l^beW:nh No 3 �Mitchell Fellow Lecturer: MacKenzie Addresses Inadequacies of High Court Reporting LOCAL COVERAGE OF THE COURT SCORED I THE EFFECT OF THE PRESS One of the 30 or so members of the audience wanted MacKenzie then stressed the importance of bringing "It's a close-up view. The journalist does the same the decisions of the Court home to the people and to know if MacKenzie thought that the press had much things the justices are doing; you use the exact, same despaired of the current dirth of reporting at the local effect on Court decisions. His reply was that in cases informationand materials." level. involving the press itself, the Court was very responsive to These remarks were made by John MacKenzie, a "Wherever you live," he said, "you just don'thave to what the press wanted, but that in other areas the press Mitchell Fellow and former Supreme Court reporter for take the coverage that you are getting. Bring pressure on had only as much impact on the Court as the Court itself The Washington Post, in his lecture entitled "A journalist's the editors shame them into paying attention to Court permitted, for the most part. To illustrate his point, MacKenzie referred to the View of the Supreme Court," given at the Law School on activity." " He continued in this vain, saying: "It's disgraceful current public debates going on with respect to the Bakke Monday, November 14. when local counsel and a local problem get all theway to reverse discrimination case. The Court could have heard the Supreme Court, and the local newspapers don't even oral arguments on the case last term, but it appears to have COURT COVERAGE AS A CAREER Professor the N.Y.U. follow it up." purposely refrained from taking any action on this case so now a at Visiting MacKenzie, MacKenzie pointed out that most decisions affect that argument had to be delayed until the current term. School of Law and an editorial writer for The New York by Kirn Hunter - Times, pointed out that press coverage of the lawand the courts was not viewed as a specific field or vocation requiring some specialized knowledge and training until Anthony Lewis began to assert himself in the area in the everyone and that it is quite easy to come up with a local "angle" for any given story as long as the paper is willing to do a little investigating. While describing his return to Buffalo as "a rootsy experience" and noting that he has a "soft spot for this town," he was terribly disppointed with The Courier Express'sNyoyist v. Mauclet, 53 L.Ed.2d. 63(1977); see also Opinion, Vol. 18, No. 3, October 20, 1977). MacKenzie happened to be in Buffalo last June on the day when the decision was handed down. He noted that The Courier had only three paragraphs on the story 'and characterized this as "lousy, sloppy journalism" and This allowed the Court to take advantage of all the arguments, pro and con, presented in the media over the past few months. In passing, MacKenzie noted that the Supreme Court is presently a very popular institution and that it has created an "aura of legitimacy" for itself over the past years. MacKenzie posited that if you asked people whether the Supreme Court should decide the Bakke case at all, the overwhelming majority of those asked would say yes. The Court often waits to decide controversial issues until it perceives that the public wants the Courts to make a decision one way or the other and resolve the issue once and forall. 19505. Lewis, with his background as a Pulitzer Prize-winning journalist, won a Neiman Fellowship for his work and chose to go to Harvard Law School on it. "He then went on to create one of the best law-related columns, as a reporter for The New York Times. MacKenzie himself was also to spend time at Harvard Law as a journalist At the Post's expense, he spent a year there from 1964 to 1965. He termed this opportunity a "very useful device to program study towards journalism." "primitive." He stressed that, for a journalist following the II SOURCES FOR THE PRESS Supreme Court, the important thing to learn about the law response between state to a question on what sources other than In is the "way the Court divides jurisdiction the record, case law and oral arguments, a reporter and federal systems and between agencies and courts." following the Court would use, MacKenzie said that such Understanding the procedural devices used by the Court to reporters often talk to the Justices themselves and to their avoid making decisions, and the issues involved in their law clerks. Of course, neither the Justice nor the clerks will use, are often more relevant today from a media analysis point of view than being familiar with many issues of talk about cases presently before the Court, but it is constitutional law. The trend of the Court in recent years sometimes possible to predict how a decision will go based has been to narrow thescope of its activities, especially vis on their discussion of past cases. THowever, MacKenzie a vis the state courts, as evidenced by such cases as noted that there seemed to be a higher incidence of Younger v. Harris and its progeny. "leaks" from the Court now than there has been in the Much of MacKenzie's talk was rambling and not recent past. always to the point, but it was-also spiced with anecdotes and fascinating details about the Supreme Court as a whole 11l PROTECTION FROM THE PRESS and the individual Justices. MacKenzie mentioned that a Another area of discussion centered on the lot of the impetus to improve the status ofSupreme Court accountability of the press and the possible injury to" coverage was due to the efforts of Justice Felix public figures and institutions, and private individuals as Frankfurter, who had been pushing the New York Times well. MacKenzie is not worried about public institutions and the Washington Post to increase theircourt reporting and political people; they can protect themselves as fas as ■The strong relationship .between Frankfurter 'and' Lewis MacKenzie is concerned. But the "little" guy should be was responsible for the Times' increased coverage of the THE DIFFICULTIES OF COURT COVERAGE protected from real injury by the press, because he lacks Court and law-related matters, according to MacKenzie. MacKenzie then turned to a discussion of some of the the resources to battle the press effectively in protecting In spite of all this, MacKenzie warned his listeners that "you can't train for a career in legal journalism" since the problems that a Supreme Court reporter has to solve. One his rights. opportunities in the field are somewhat limited and such is how to fit the timing of Court decisions into newspaper IV JUDICIAL FIGURES AND THE PRESS jobs are offered by chance whenever there happens to be deadlines. In the past especially, the Court tends to hand down a whole lot of decisions in the space of a few days, an opening. MacKenzie was also asked about the relationships of making life impossible for the reporter. MacKenzie recalled controversial figures on the Court with the press; SCHOOL DESKS FOR THE PRESS that the Court filled a whole volume of the Supreme Court specifically he talked about Fortas and Haynsworth. MacKenzie went on to describe tne actual, physical Official Reporter on one single Monday with all of the MacKenzie remarked that situation of these two men courtroom experience of Supreme Court reporters. Some decisions that it handed down on that day. proved what disastrous consequences can result from years ago the desks for the press corps were situated MacKenzie said that it is easier now mechanically to having a bad image and a poor rapport with the press. literally under the noses of some of the Justices. These cover the Court and that, while Burger has no great love MacKenzie also talked about justice Goldberg and desks are the old wooden type used in many public school for the press, he has tried to keep in mind the difficulties how his political ambitions led to his resignation from the systems prompting Buffalo born and bred MacKenzie to of handling all this material when decisions are released, Court in spite of his considerable abilities as a lawyer and recall both happy and unfortunate experiences of his days spreading them out over a few days. as a judge. While on the subject of judicial ambition, in the Buffalo Public School system. Pneumatic tubes have Newspapers, unfortunately, are not geared to the time MacKenzie told an anecdote about how he obtained a been installed where the inkwells used to be in these desks, frame of the Court. Editors do not, according to scoop from justice Stewart as to his interest in becoming allowing a reporter to dash off a story right in the MacKenzie, like to devote a whole lot of space to Court Chief Justice. Stewart was eating lunch in the Court Courtroom and then send it down to the press room in the decisions just because they all came down in one day. cafeteria and MacKenzie asked him why he wrote to Nixon basement of the Supreme Court House through these MacKenzie also noted that newspapers don't like to print saying that he was not interested in the Chief Justiceship. tubes. articles on Court decisions if the decisions were made more Stewart candidly replied that he had promised himself not The close proximity of the press to the Justices had than a few days earlier because the "press is too 'into' the to have any further ambitions when he accepted a position always been a matter of concern to some of the justices. today and yesterday time frame." This means that on the Court and that he thought that justices who had MacKenzie described the experience of having a direct eye reporters are forced to choose only a few of the cases that already been on the Court for a while made bad Chief contact with Warren Burger after he became Chief Justice: may be decided in one day as subjects for their articles. Justices. Later on MacKenzie learned, much to his chagrin, "Burger would look down at you as if to say: 'What the Also, after knocking yourself out to wade through all the that the only reason Stewart had told him his reasons was hell are you doing here?' " After Burger was Chief Justice material that became available at one time and producing because he thought MacKenzie was a law clerk to one of for one term, the press desks were suddenly moved further an article for the next edition, all the editor wants to know the Justices. MacKenzie noted with that he some humor into the courtroom and the shape of the bench was is what you will have for him/her after that. All you want never saw Stewart in the cafeteria after that. Justice changed to a curve so that the justices could hear each to do is recover from the previous day's efforts. other better and communicate more easiliy. To top it all off, MacKenzieconcluded that even more V LAW CLERKS COURT INFLUENCES Every so often the Chief Judge holds an interview mistakes are made in the media analysis of Court decisions Finally, MacKenzie answered a question on the with the Press Corps assigned to the Court on what he calls after current news deadlines are long past. Cases are often amount of influence that law clerks have on Supreme "wages, hours, and working condition." MacKenzie misinterpreted when they are referred to years later and Court decision-making. He felt that for the most part recounted how, at one such session, Burger proposed when the reporter involved usually has more time to clerks had little influence on the actual decisions made by putting the press in their own separate glass booth in the analyze the decisions she/he is discussing. the justices though many of them seem to use their clerks courtroom, ostensibly so they would be able to call in as sounding boards on Which to test their arguments. stories without disrupting the proceedings. Questioning QUESTIONS AND ANSWERS Where clerks do ieem to get too much of the upper hand is In the question-and-answer period after his lecture, in opinion-Writing. which MacKenzie felt was too often full Burger's motives, MacKenzie asked the Chief justice if "there would be any air in the booth." Burger, unamused, MacKenzie was asked if he thought that the present of law review-type esoterica and excess verbiage. Although replied thatthere would be, but, as yet, no action has been Supreme Court was granting fewer petitions for certiorari the Justices won't admit to this state of affairs, MacKenzie taken on tnis idea. According to MacKenzie, his wife has in criminal cases, especially from those convicted of crimes feels that it is true and that the Justices should exercise speculated that such exchanges may he responsible for in state courts. MacKenzie responded that he thought more control in the decision-writing area. MacKenzie's feeling that the Chief justice is not overly there was a definite trend to let state convictions stand and Further discussions were then held at a sherry hour fondof him. that this would mean less petitions were granted. following the question and answer session. - ' November 21, 1977 Opinion 4 �Administration Notes Cavanaugh Speaks on Use of Lay Magistrates NOTE OF POLICY ON RELEASE OF STUDENT RECORDS Every year, the law schoolreceives requests for Information about students. As a general matter, student record data is not disclosed outside of the law school without the consent of the individual student, as required by the Family Educational Rights and Privacy Act (FERPA). However, the statute creates a limited exception for "directory information," which is defined to include "name, address, telephone listing, date and place of firth, participation in officially recognized activities... dates of attendance, and degrees and awards received..." The law school plans to allow limited disclosure of student directory information (usually only name, address and year in law school) to bar associations and to law book publishers. If you do not wish to have your directory information included in these lists, please leave a note in Room 312 stating your desire to have your name excluded, no later than December 10,1977. The Family Educational Rights and Privacy Act provides students with additional rights concerning the use of their academic recordStudents interested in learning more about theserights should consult 20 U.S.C. SI 232g and 45 C.F.R. Part 99 in the law library. WAIVER REQUESTS STANDARDS FOR ACTING ON WAIVER REQUESTS BY STUDENTS WHO HA YE BEEN DECLARED ACADEMICALL V INELIGIBLE TO REMAIN IN LA WSCHOOL A petition for waiver filed by a student who has been declared academically ineligible to continue in the law school must be consistent with Court of Appeals requirements (i.e., must be in accord with residency and credit-hour standards) and must demonstrate that the failure to meet minimum requirements was a result of unusual or extraordinary circumstances preventing or interfering with normal academic performance, including but not limited to: (1) Physical or mental illness sufficient to interfere with academic performance; (2) Financial hardship sufficient to require employment which interfered with academic work; (31 Personal problems such as family deaths or illnesses, marital difficulties, and the like, if it is demonstrated that the condition in question is temporary and not likely to interfere with future academic performance. . Factors Favoring Grant of a (1) Presence in the file of favorable evaluations and. recommendations from law faculty members who are familiar with the applicant's capabilities and performance. ..,.'' (2) Presence in the file of independent documentation of the conditions asserted as a basis for waiver (e.g., physician's statements, financial and employment records, and the like). (3) A transcript reflecting a general trend toward improved academic performance in law school. (4) Presence in the file of documentation that the applicant has brought to the attention of responsible faculty or administrative officials the conditions which have resulted in poor performance, in a timely fashion that is, before the conditionshave resulted in "D" or "F" grades. (5) A reasonable likelihood that the student, if allowed to continue, would be able to meet law school and Court of Appeals residency, grade, and.credit hour requirements. - by Bill Brooks On November 15, Mitchell Fellow Winifred Cavenaugh spoke on the "Involvement of the Lay Citizen in the Administration of Criminal Justice." Although the talk was scheduled for room 108, it was moved to the faculty lounge when a large crowd failed to materialize. Ms. Cavenaugh became a member of the bar in England in 1964,after serving a number ofyears as a lay magistrate. The English criminal justice system is divided into the Crown Courts and Courts of the Lay Magistrates, although all criminal cases, except for a few, e.g. theft, begin at the Court of the Lay Magistrates. The court is composed of a clerk who handles all issues of law and three lay jurors who serve as fact-finders, but who have a greater role in the trial than the American jury. Ms. Cavenaugh emphasized that the lay magistrates can take over the questioning of the defendant and many times the participation of the lay magistrates will be determinativeof the outcome of the trial. In Birmingham where Ms. Cavenaugh hails from, 350 lay magistrates sit in 19 to 20 courts per day and handle 50X),000 criminal cases a year. Of the 350 lay magistrates, only 3 are lawyers. The rest are housewives, doctors, parsons, truck drivers, teachers, etc. When a case is brought before the court, a defendant is given the choice of having a jury trial or a trial before three lay magistrates, with the. few exceptions previously noted. Three quarters of the defendants accept a trial before the lay magistrates. Such a choice is easy to understand when one sees how the alternatives are put to the defendant: "You can have a jury trial at the next crown court or you can have a trial before the lay magistrates today." With such a system, who needs plea bargaining. : . In those instances when a defendant requests a jury trial, the magistrate court still plays an important role in the criminal process, serving at a body very similar to that of the Grand Jury in the United States. The prosecution presents its case and the defendant rebuts the prosecution's arguments. If after both arguments enough material is presented in which a reasonable jury could convict, the case is then scheduled for trial. If not, the case is dismissed. All non-jury trial cases are decided the same day the defendants are brought before the lay magistrates. Appeals however, concerning questions of law or the sentence are still available to the defendant Ninety-eight per cent of criminal cases end on the magistrate level. Statistical studies indicate that except for sex offenses in which the lay magistrates tend to convict more readily than a jury, one's chances of being acquitted or neither increased or decreased by accepting a trial before the lay magistrates. The Lord Chancellor makes all appointments to the magistrate courts. Although at one time patronage played a substantial role in the appointment process, since World War II patronage has ceased to be a factor in the appointment process. A list of qualified people is made available to the Lord Chancellor by a local advisory committer, although in order to be appointed a person mi t personally know a member of the advise committee. The result is that many qualified pe. ,c have little or no chance of being appointed. The aim of the appointment process is to place in the magistrate courts people with a wide variety of lifestyles and experiences. As such the courts are composed of magistrates from all walks of life and all income levels. The result is a system of criminal justice in which a speedy trial is a reality. . The SUNY/Buffalo School of Law presents A Seminar •& Recruitment Information Session on The Legal Services Corp., Inc. .",... December 2, 1977 Kiva Auditorium, Baldy Hall The Legal Services Corporation is a private, non-profit organization, created and funded by the Congress to provide legal assistance to the poor in non-criminal matters. A major priority of the Corporation is to obtain from the Congress sufficient funds so that new programs may be established where none now exist, and so that existing programs may be strengthened to serve more adequately the geographic areas they cover. The Corporation will soon begin to recruit hundreds of June 1978 law graduates to staffoffices throughout the U.S. On Friday, December 2, 1977, the Law School will present a special seminar and recruitment information session on legal services. The seminar will include a panel discussion of the Corporation, a review of current programs and a question and answer period. Employment information will be available. At the conclusion, a coffee hour and sherry reception will be held in the faculty lounge. Legal services lawyers for the Erie County and Monroe County Bar Associations will attend the reception to informally discuss their work with conference attendants. - 1:15-2:30 Welcome & Introduction of Panelists Asst. Dean, Jay C. Carlisle, II Penel Discussion Prof. Marshall Breger, Marilyn 2ahn & Varetta Woodard 2:30-3:00 Question & Answer Period 3:00-3:15 Coffee Break 3:15-4:00 4:00-5:00 Recruitment Information 1:00-l: 15 - Sherry Reception - Varetta Woodard Faculty Lounge Law School Talent Show \ People are needed to help coordinate, organize, and/or perform. If you sing, dance, take apart rifles, cite-check in a neat way, want to do a skit with classmates about that particular someone who has been tormenting you, here is your chance. Many faculty members and students have already indicated their interest in taking part. Students, staff and faculty are requested to leave a name and number and perhaps a description of what you or your group will be doing, in Room 312 and/or the Opinion office. Emcees, stage band personnel and people with some stagecraft experience are needed. The show will take place sometime in late February, so everyone has plenty of time to prepare his/her, them/their act. We are also trying to locate a suitable hall for such an evening all suggestions would be appreciated. — . Opinion November 21,1977 ■I'>V. >: 1 I 5 �APPC APPROVES NEW ELIGIBILITY PROCEDURES by Becky Mitchell The rationale for changes in The Academic Policy and procedures is "timing problems" Planning Committee began its created by the lateness of new activity for the fall semester with semester grades. The provide for a meeting on October 12, 1977. procedures This committee, headed by Dean administrative review of students Headrick, is comprised of student who have received two (2) or representatives and faculty more unsatisfactory grades during members. Its chief function is to their first semester of law school. provide a forum for the The committee may require that engendering and discussion of such students receive counseling ideas relating to curricular needs and/or take no more than three and academic policies, and to courses during the second make recommendations to the semester. No one will be declared "faculty. The Dean and Barry ineligible to continue at that time, Boyer have some responsibility however. Students will finish their for identifying areas needing to be second semester and be evaluated filled and proposing ways to fill when spring grades become them. In this way the APPC is tied available. Those who receive four (4) or in with the appointment process and the plans of current faculty. more unsatisfactory grades in The students' role is to bring in their first year of law school will ideas of student concern, such as be declared ineligible to continue. particular courses they would like Normally, such students will not to see being offered, students' be permitted to register for classes views on where the law school in the fall after their second should be headed academically, semester. In the absence of special and ideas relating to academic circumstances, such students will rules and procedures. There were not. be readmitted before they no student representatives at the have completed a one-year leave October meeting of the APPC of absence. Students may petition the because they had not yet been for readmission. If appointed by the SBA. Dean APPC Headrick expressed the hope that substantial improvement is shown students would soon join the between the first and second semesters, provisional registration committee. The first order of business of may be permitted the following the meeting was to consider fall. "Substantial improvement" individual petitions for means the receipt of at least three readmission. These are reviewed satisfactory grades in the spring of by the committee on a the first year. The unanimous case-by-case basis. Next the consent of the Dean, Associate committee reviewed proposed Dean, and, if appropriate," the procedures for establishing Chairperson of the Minority academic eligibility. Boyer revised Student Program Committee, is recommendations developed by required for provisional the APPC last year into a final registration and the student must version during the summer of still submit a timely petition for 1977. This version was accepted readmission if (s)he wishes to by the APPC at the October'l2 continue in the spring of the meeting and will be presented to second year. the faculty for approval. .After the first year, any 116 Me. 399,102A. 106 Ragtime Gagtime Blues (a.k.a. Brackenbury v. Hodgkin) By Wayne Lopkin .-■ Note: the following was recited by the author as a case brief for a Contracts class on November 7. Some facts have been altered under poetic license and others (set out in theTeacher's Supplement) were not available (possibly chanting one's view of the case. - ■ Old lady so nasty, old lady so blue Induced her girl to stay quite true, Said she in a letter loaded with charm: "Comelive with me and have a farm "name, address, telephone listing, date and place of birth, Up they went, From South to North, r Only to find ■ The old buzzard mired in froth, She ranted and raved; stormed and howled; Kicked and screamed; and then loudly growled: "Out of here daughter so shoddy, \ You won't have my house Not over my dead body!" To her son, eyes filled with greed, She tendered a worthless, no good deed, Out he went and out he sougit A writ of this, a writ of that And dragged his sister into court, "You did thisand you did thatI" "Tohell with you, she's just an old bat!!" The court agreed and said as a fact, The letter she sent is a valid contract, "But they're getting the farm They're getting it free!" "Stop crying you fool, And learn of equity!" The court decided, oh so merry, "We give (he case to Brackenbury." Hodgkin squealed, Hodgkin squirmed But he's out of luck On appeal, the court affirmed! - . - f V r - November 21,1977 Opinion 6 student who accumulates a total of four (4) or more unsatisfactory grades will be given administrative review by the APPC, and counseling, if recommended, as soon as grades are available. Students who receive more than six (6) unsatisfactory grades will be declared ineligible to continue in the J.D. program. They may petition the APPC for readmission unless the seventh unsatisfactory grade is received during the semester in which the student expected to graduate, in which case the student may directly petition the faculty for readmission, or graduation. Normally students declared ineligible to continue after the spring or summer session may not be readmitted until the following spring semester. Students declared ineligible when fall grades become available may request provisional registration during the spring and must petition the APPC for readmission if they wish to continue the following fall semester. The next order of business at the October 12 meeting of the APPC concerned the use of Baldy Endowment funds to establish a Law and Social Policy Center. The Baldy Endowment exists for the of encouraging purpose cooperative work in the areas of Law and Social Sciences. Dean Headrick observed that progress in collaboration between the law school and other academic units has fallen far short of hopes and expectations. The proposal for a Center was a response to the Schwartz on Sports felt need to encourage such collaboration in a more organized way. The proposed Center would provide an institutional framework, a budget, a physical location for contact meetings, a staff, a capacity for sponsorship, a network for conveying information, and leadership to facilitate interdisciplinary interaction. The Dean submitted a memorandum outlining the* rationale for such a program and a organizational proposed framework to the APPC for comments and suggestions. The proposal would then be submitted to the Baldy Committee and other law faculty committees for review. Grading ambiguities in the Special Assistance Program were discussed next. The extra hour's credit in each subject received for completing tutoring requirements during the first year of law school presented a problem with regard to grading. No credit is to be received if the student does not complete this satisfactorily requirement. Another problem discussed by the APPC is the lack of letters student achievement accompanying many asterisked grades. The purpose of the * is to denote the existence of a letter in the student's file. Many letters have never been written. The APPC adopted the policy of not permitting asterisks to show on grade reports until a letter is placed in the student's file.' No action was taken on a proposal by Professor Atleson to evaluating extend the number of credit hours in the "Lawyer's Role in Negotiations Course" from three to four. A proposal from Professor the Kaplan recognize to completion of a concentration in state and local government law with a certificate was approved and sent to the faculty for its approval. Professor Katz presented a memorandum outlining a course he intends to offer in place of his "stealing" seminar in the spring of 1978. The new seminar will be on the subject of balancing and will focus on the decisionmaking of Justice Powell. Professor Schlegel proposed several administrative research projects which will be discussed further at subsequent APPC meetings. He proposed an examination of possible differences in the records of students who have taken five courses, instead of the normal four, during their first year of law school to see whether the rule requiring prior administrative approval for a five-course load is necessary. Schlegel also proposed a study of the effects, if any, of faculty v. student-taught writing courses, and an examination of the possibility that bar exam figures reflect problems in admissions relating to class size. The APPC will consider many more issues throughout the year. Students should contact their student representatives if they have ideas and opinions they wish expressed in the APPC. G.M.'s Top Models by Michael Schwartz keep their good players (Punch Imlach for example), It is time to recognize that the single factor Pollock is not satisfied. His success is the result of essential to maintain success in team sports is a being unafraid to gamble by trading these good superb General Manager. All too often the players for top draft choices which can be converted recognition heaped upon winning teams goes to only into the desired superior players. Examples of the players and the manager. While those two gambles that have worked are goalie Michael components are important, their contributions to Larocque (acquired when Montreal traded Bryan the creation of a winning tradition should not Watson to California for a No. 1 pick), top overshadow the fact that the key element to staying defenseman Larry Robinson (a second round pick on top is a competent front office. Recent sport received from L.A. for Dick Duff) and goal scorer history has demonstrated: that the properly placed Steve Shutt (drafted by Pollock with theKing's No. individual, when given free reign by the owner, is the 1 choice acquired by trading Gerry Desjardins). The importance of, a. General Manager should one most likely to push a club to the top and keep it there. The two organizations which most vividly hot be overlooked (are you listening Ralph Wilson). demonstrate this fact are basketball's Boston Celtics As the one person with control of both the players arid hockey's Montreal Canadiens. While both teams. and the coach, the G.M. must bear the ultimate have been through several coaching changes and even responsibility for, winning. A General Manager, wholesale turnovers in player personnel, each club wilting to make the hard decisions, can make all the has managed to dominate its sport There have been difference. years when they did not win their respective »'**�* championships, but after short rebuilding periods they were each able to bounce back strongly. Not surprisingly, the General Managers of both REMINDER- Sports humorists should submit their gathering comments on Sportsworld to the Opinion office as teams are masters of personnel methodologies completely opposite to the ones that soom as possible. If more participation is not their sports require. In basketball, where a single forthcoming, I will have to start to make the letters player can be such a determinative factor, Red up myself. Auerbach has chosen to use stopgap measures to plug whatever holes may appear in the team formula he has designed. To solve problems, he has decided 70% OFF ON to trade for a player whose special skills are needed at that particular time. Recent examples of this LAW STUDENT theory in practice are the trades which brought such RESUMES players as Paul Silas, Charlie Scott and Sidney Wicks IBM Composer and typing available to Boston. Sam Pollock of Montreal deals with a different HAH Quick Copy Center, Inc. situation, since a hockey player is on the ice a relatively small portion.of the time. A large number .3342 Bailey Aye., Buffalo, N.Y. J4215 of superior players are needed to produce constant 833-8510 victories. He has demonstrated that in hockey,the 1630 Broadway, Buffalo, N.Y. 142)2 draft is the best method to achieve a Stanley Cup. 892-1555 Each year the Habs are able to use their large Also Specializing in Legal Briefs number of choices to get one or two superior players and several others who are good enough to improve any team. While some General Managers choose to , r �Impressions by Carol Gardner I was sitting nervously awaiting the start of the meeting. I struck up a "small talk" conversation with the only male present. I know I was feeling awkward and guessed he must be feeling that way, too. As more women arrived and the wine began to flow, I started mingling. A good crowd turned out in spite of a slight mix-up about the location of the meeting. Soon, a call to order. The women attorneys were asked to speak about their jobs and about being women in a male-dominated profession. First to speak, was Judge Delores Denman of the Local attorney Sue Silber addressing women at Career Night New York State Appellate Division. Judge Denman, an alumna of the UB Law School, said she never really has to deal with sex discrimination in her career. She admitted that, on occasion, she had run into individuals who expressed their dislike for women attorneys. She by Sheryl Reich did stress that being a woman was not the sole reason why she and On Monday evening, November 14, the Association of Women Judge Ann Mikoll were appointed Law Students sponsored a Career Seminar: "Evening with Women to the Appellate Division by the Attorneys," held in the Faculty Lounge. The event attracted a large Governor. She acknowledged that number of women law students and about twenty attorneys from the her was one of the reasons she Buffalo area. was selected as a candidate, but The event was organized with the hope of exploring the wide she said she believed her variety of contexts within which women are using their legal training. competence and experience were There was a focus on the way in which being a woman has affected the real reasons for her career training, choices, and practice. Also, seeing women who are appointment. doing good work and enjoying it is encouraging. Listening to judge Denman The attorneys represented solo practice (Maureen Macready, made me begin to feel optimistic Lillian Cowan), general practice with medium-sized firms (Sue Silber), about the impact of sex specialized practice with a large firm (Ann Williams, Gail Vance, Pam discrimination, especially when I Heilman, Jane Clements), legal services (Marjjyn Zahm), the found out that she has only been Corporation Counsel (Marge Anderson), the U.S. Attorney (Carol out of law school for 12 years. White), law teaching (Grace Blumberg), law librarianship (Kathy But just as I began to feel more Carrick), and joint degree programs (Rosmary Vogt). satisfied that women were being Denman "of the* Appellate 'DtvßidnStarted" offthe accepted fn the legal world, Judge "Judge evening with encouragement for all women to do whatever they do Denman commented on the we 'l__' ■_'_" _, importance of having a good Lillian Cowan, by far the show stealer, indicated that her choice of speaking voice, preferably in the what kind of practice to go into was limited by her graduating from lower ranges. She likened the law school in 1929. "The only work around was bankruptcy and quality of the model voice to the collections, and there wasn't much to collecteither." "soothing mid-western media" Ending on a cautious note, Ms. Macßeady reminded women that variety. they are frequently encouraged by circumstances to work against each Professor Grace Blumberg, a other rather than With and for each other. The general enthusiasm and Law School Faculty member, good feelings obviously present throughout the evening, perhaps, expressed my own immediate suggests that that need not always be so. reaction when she said that while Women Law Students Hold Career Night , - Inmates Discuss Sentencing by Dwight Welts In recent weeks, Judge Sirica reduced the sentences for Eriichman, Haldeman and Mitchell. This very visible example of judicial discretion in sentencing raises some questions worthy of examination. How does a decision such as that made by Judge Sirica affect those persons presently serving sentences in maximum security institutions? In an effort to get an answer, I discussed the question with twenty inmates at the Attica Correctional Facility. These inmates, who are serving time for crimes ranging from possession of stolen property to murder, have been sentenced for periods from 3V4 to 25 years. At the beginning of the discussion, most of the participants were confused and angered by Sirica's decision. One inmate stated that "the potential injury to society resulting from the crimes committed by these men was far greater than that from any crime committed by men serving time in Attica." One issue that came up again and again was accessibility. Inmates at maximum security institutions have to fight to gain access to the courts or, for that matter, to any other part of the criminal justice system. They are forced to file writs in county courts where there is open hostility to them and to their causes. Many of these writs deal with release dates and parole board actions. Such writs are usually not decided very quickly, and men are actually released before the judge gets around to acting on them. But if you happen to have a position of power and/or wealth, now or in the past, a letter to the sentencing judge can bring about almost instant results. In a 1974 article in the Washington Post, Miller wrote: "The Watergate-related cases and the Agnew case have raised questions about the class consciousness in our system of justice, a system in which the white collar criminal generally gets the break and the crook gets the, book." The inmates are quick to point out that they are the real victims of this discriminatory class system. Sentencing is the critical connection between the criminal law and the penal system. Most judges simultaneously view sentencing as their greatest challenge and their greatest source of frustration. They find that a growing percentage of their workload is being devoted to the resolution of complaints from convicted offenders concerning their sentences, the conditions of their confinement, and the procedures by which their lives are governed. In his book, Criminal Sentences, Frankel stated that "the sentencing powers - Women on Law Careers she didn't doubt the importance of elocution, she questioned the encouragement of any conformity to the male standard of a lower voice. Blumberg went on to talk about her own experiences. Another UB graduate, she said that when she graduated from law school she fancied herself to be a tax and corporations expert, as well as an expert on women's issues. She concluded, after a discussion with a friend, that she wasn't as informed on women's issues as she had thought due to her conscious neglect of family law. She decided to take some courses in the area and became committed to that field. Blumberg also expressed a feeling of loneliness among her colleagues at the law school. She said she isn't completely sure if the loneliness is due to her sex or due simply to the nature of. law schools as institutions. She does suspect that this feeling of separation from other faculty members is a result of their treatment of her in reaction to her sex. She feels that she has been well-received by most of her students, however. Other women attorneys talked about their jobs. One attorney encouraged women to look for jobs with the District Attorney's Office. She said that you can get an opportunity to get into the courtroom almost immediately and that the District Attorney's Office needs women to be prosecutors. Another lawyer who specializes in family law said that many female clients want a woman to them. They want a who will be empathetic, as represent lawyer well as capable. She said that she finally had to display tier diploma, because some male clients would question her at first to find out if she really was an attorney. She also said that family law, while particulary emotion-packed field, was also legally challenging and rewarding. An attorney from Legal Services praised the feeling of comraderie she got from other attorneys. She said that she had of the judges are, in short, so far unconfined that, except for frequently monstrous maximum limits, they are effectively subject to now law at all. Everyone with the least training in law would be prompt to denounce a statute that merely said the penalty for all crimes 'shall be any term the judge sees fit to impose." 1 In the context of the discussion, this is exactly the way- these men view the operation of sentencing under existing statutes. Their ■ complaint not only addresses the initial sentence, but also the release from prison. They are openly hostile to the flexibility and arbitrariness of the parole board. They cite conflicts between the penal code and thecorrections law which deny men a definite release date. There is a high level of tension and frustration surrounding the parole process, with its uncertainties and irrationalities. This process tends to dominate the minds and hearts .of the prisoners. The conceptual framework of penology continues to be the subject of debate. The four corners of the debate remain incapacitation, rehabilitation, retribution and deterrence. The effect of any or all of these objectives on the sentencing process is difficult to detect The judicial response on a given occasion will in large part been the target of resentment by some clerical workers who didn't like having a woman for a boss. I was surprised to hear the praise expressed for large firms. Two attorneys told the group that they had envisioned a large firm as being stuffy and politically conservative. Both had accepted summer jobs with large firms in Buffalo, but had taken them with fears that they would end up in the library for the summer as glorified research assistants. Their fears were dispelled. In addition to being rather lucrative, their jobs turned out to include a variety of responsibilities. These two attorneys encouraged women to look into firms in cities like Philadelphia, Buffalo, and Cleveland, rather than restricting themselves to New York City. They pointed out that the firms here in Buffalo do handle a wide range of cases and deal with all kinds of clients. They stressed that they felt that they had been accepted by their male partners and that working as a team was important. expressed Three women opinions on the idea of career options. Kathleen Carrick, a UB Law librarian, said that she felt she had a lot of flexibility in her job choices because she had an M.L.S. as well as a J.D. Another woman recommended the joint degree program at UB for the career options which it provided. The third attorney cautioned women against being so "option-oriented" as to have no career goals in mind." She reminded the audience that the socialization process still encourages men, and not women, to have career goals. I was pleased with what was said at the career night, but I did agree with the observations of the other women with whom I spoke. They felt that a rosy picutre qf non-discrimination had been painted and wondered about the quantity and quality of jobs that these lawyers didn't get because they were women. They also wondered if these women were the successful exceptions to the norm. My own anxieties die hard. depend upon the particular needs of the public, the victimand the offender. The inmates maintain that it is retribution and punishment that provide the impetus to maintain and operate the penal system in the U.S. They see little connection between how people are sentenced and where they are sentenced to go, and the goal of justice that such sentencing is supposed to attain. In concluding our discussion, one of the men suggested that "we are the safety valve for society. It is necessary to hold up as examples a small groupof people who have failed to meet the expectations considered important by that society." Some would say that this is deterrence but is it? This group unanimously said no. From their viewpoint, the system is incapable of using any objective such as deterrence as an operational standard. This group is not advocating the elimination of prejudice from the sentencing process. They recognize that judges are human beings and therefore subject to the same lack of control and discipline that we all are. But they feel that the sentencing process as a part of the criminal justice system can and should be improved to insure a minimal standard of care for those who must survive the consequences of thatprocess. - Opinion November 21,1977 7 — ; �Continuing Orientation Evaluated by Nancy Peck -Faculty should come to Orientation parties. In an effort to evaluate the two-day orientation program and to provide guidance to the Continuing Orientation Committee for future planning, a questionnaire was distributed to two sections ofthe first year class. (The other section was supposed to recieve them but due to a misunderstanding with the faculty member who was to distribute them, they were never handed out.) Sixty-nine questionnaires were filled out and returned. Since the questionnaires could hardly be described as scientific survey instruments, they are of marginal value but some complaints and suggestions were repeated often enough to provide some insight. The committee will continue to seek information and suggestions for next year. Changes suggested in the two-day Orientation were: * In aid of fair play, it should be pointed out that this was the first time the section faculties had been > -Better library tour asked to have such meetings and they were not well prepared by the Committee. Suggestions for the balance of the term were: -Pre-examination discussion groups -Meetings with recent grads and upperclasspersons on the application of various courses to future work areas -Small group meetings around special areas of the law In general, there seemed to be the feeling that one day would have been enough; that some things could have waited until later in the term after everyone was settled and not feeling totally confused (eg. organization meetings); that there was inadequate contact with upperclasspersons and faculty, and that there should have been more small group question and answer sessions. Many people who attended the meeting for people out of school for ten years or more indicated that the whole class could have benefited from that session. To the person who complained about being allowed only one beer at the party Tuesday night, I wonder if we attended the same party, since there was no limit that I know about. And to the person who wrote the entire questionnaire in perfect mirror image, praising Al Katz's opening performance and requesting an increase in Al's props budget for next year the Committee salutes you. For the truth, even when it's backwards, shall make you laugh. ÜB's Bubble burst by first snowfall of the semester. — Rich Bedot Sea Grant Paper Given At Mariculture Symposium Southhampton College was the Newton described the scarcity of scene October 22, 1977, of a federal legislation encouraging or Symposium entitled Mariculture even permitting commercial in New York State. Presenting a mariculture. He cited the paper at the event was Gary Submerged Lands Act of 1953 by Newton, a third year student at which Congress relinquished much -Tourof whole campus. SUNY at Buffalo Law School. His of its authority over the sea near topic was "Some Legal the coasts of the United States to -More information mailed out over the summer Considerations s Relating to New the coastal states. University services especially financial aid York Mariculture." Newton was State laws governing When servicesactivate Housing. asked to make the presentation in mariculture "tend to emphasize the place of Professor Robert the production of shellfish," Reis, who was unable to attend stated Newton in his paper. He the symposium. concluded that New York's laws Sponsors of the symposium adequately provide for shellfish various environmental but fail to provide for the by Mike Buskus of action can only be brought in a judicial district were the New York "ranching" of marine fin fish. groups including consumer resides or where the debt where the was In September of this year Congress enacted a incurred. SBll (a)(2)(A),(B). Department State of Finally, Newton recommended law to curb abusive, deceptive and unfair collection Environmental Conservation, the conditions which ought to be methods used by debt collectors. The new law, What the debt collector is prohibited from doing New York Sea Grant Advisory included in any legislation to entitled the "Fair Debt Collection Practices Act," The collector cannot employ coercive means to Service, the New York Ocean (P.L. 95-109, 91 Stat. 874), amends the Consumer induce payment. Thus, a collector is precluded from Science Laboratory, the Marine develop fin fish mariculture. Gary Newton is one of three Credit Protection Act (15 U.S.C. 551609 etseq.) by the use or threat of violence or the publication of a Science Research Center at Stony list of persons alleged to be deadbeats. SS806(1), Brook, law students who received adding "Title VIII: Debt Collection Practices." the Nassau-Suffolk The adopted bill resulted from consideration of 806(3). Similarly, erroneously representing to the Regional Planning Board, and graduate assistantships given by four separate proposed bills from both houses of consumer that the collector is affiliated with the Southhampton College. The Sea Grant during the school year. Congress. The Senate Banking, Housing and Urban government is a violation of the law. SBO7 (1). symposium examined maricultural The other two graduate assistants Affairs Committee, chaired by William Proxmire, Other methods commonly used by collectors are activities in New York at the are David Asher and Alan Klein. noted in its committee report that 13 states had no expressly forbidden. For example, the collection of present time, potential for the These students assist professors regulation of any kind on the subject of debt amounts greater than the amount of the debt is a future, and current issues. Kaplan and Reis in the Sea Grant collection. The report added that another 11 states violation. S808(1). Another prohibited practice is Mariculture is the utilization of Program, help the Sea Grant Law " have laws which in the committee's opinion the encouragement to debtors to pay with coastal waters of the ocean for Fellows write articles for Sea provide little or no effective protection. Thus, 80 post-dated checks, which are often used later to cultivation. Examples are shellfish Grant Law Journal, do some million Americans, nearly 40 percent of our threaten arrest on "bad check" charges. cultivation, fish hatcheries, and research, and they will run two population, have no meaningful protection from S808(2),(3),(4). the like. The paper presented by conferences in the spring. debt collection abuse." 1977 U.S. Code Congressional & Administrative News 2967,2969. Penalties and enforcement of the law The types of practices to which the statute is The Federal Trade Commission is empowered directed include prohibitions on the use of obscene under the Act to enforce all provisions of the Beginning Monday, Dec. 5, the Law Library will extend its hours language, misrepresentation of a consumer's legal statute. Suits can be brought in any federal district rights, harassing telephone callsand the disclosing of court or competent state courts to enforce the law. for the Fall exam period. From Dec. 5 to Thursday, Dec. 22, the library's hours will be: a consumer's personal business to friends, neighbors Penalties imposed against offending collectors can or employers. include both actual damages sustained by the 8:00 a.m. to 12:00 p.m. on Monday thru Friday; 9:00 a.m. to 9:00 The text of the bill (reprinted in 46 LW 13) consumer as well as punitive damages up to $1,000, p.m. on Saturdays; and 12:00a.m. to 12:00 p.m. on Sundays. Also during the exam period, the library will assign the library indicates that the new law applies only-to debt which amounts are awarded to the consumer. study carrels to law students on a first come, first served basis. collectors. The Fair Debt Collection Practices Act S813(_)(1),(2)(A). Students will be able to sign up at the reference desk each morning at thus defines "debt collector" to be anyone "... Analysis 8:00 a.m., reserving the carrel for that day. Students must show their who uses any instrumentality of interstate commerce This statute represents a much needed piece of I.D. cards when they sign up. or the mails in any business the principal purpose of which is the collection of any debts." S803(6). The legislation to strike a balance more in favor of the The audio-visual and document departments will maintain their' bill specifically excludes employees of the creditor consumer/debtor. The past history of eggregious 8:30 a.m. to 4:30 p.m. schedule. or attorneys for the creditor from the ambit of Title collection abuses is simply indefensible. Thus, it is appropriate that Congress finally enacted a law to VIII of the statute. S803(6)(A), S803(6)(F). apply broadly to an area of such importance that has What the debt collector can do largely been ignored by state legislatures. The new bill allows collectors to obtain accurate This bill does not suggest, and indeed we do not information as to the debtors' actual address and contend, that the debtor should be permitted to phone number as well as place of employment. evade repayment of legitimate debts. Rather, the 55803(7), 804(1). At a later time than the purpose of the bill is to insure that the collection acquisition of the so-called "location information" methods employed are orderly and reasonable and of the debtor, the collector can (and must within 5 not intimidatory or predatory. days) communicate in writing to the debtor the The actual effectiveness of the statute remains amount of the debt and the name of the person or to be determined in the forum of the courts. corporation to whom the money is owed, as well as However, several concerns remain. Because of sloppy an explanation of what the money is owed for. legislative drafting, some provisions are decidedly S809(a)(1), (2)/(3). vague. In particular, SBll provides appropriate If, after notification is provided to the debtor in venue for the creditor or collector to sue in any writing, the debtor notifies the collector in writing district "in which such consumer signed the contract that any part of the alleged debt is disputed, then sued upon." Does that mean that a tourist disputing the collector must cease collection efforts until the amount of a credit card billing for a flight from verification of the indebtedness or a copy of a Honolulu to Atlanta could be sued in Hawaii? Serving Main Campus • Serving Law School judgement on the debt is obtained. If, even after Perhaps not; indeed, we hope not. documentation of the amount owed, the consumer This new law may well occupy a respected place 3171 Main Street 1676 Niagara Falls Blvd. still refuses to pay, then the collector may notify the with similar legislation designed to afford equal (near Ridge Lea) (near Winspear) debtor that either the collector or creditor may credit opportunity regardless of the sex of the 14214 N.Y. 14150 Buffalo, Tonawanda, N.Y. enactments applicant normal remedies to collect the debt. and other credit pursue legal which prevent 835-0101/0100 834-7046 S805(c)(2). billing and reporting abuses. The need is clear and we the event that the creditor or collector the statute Is well-intended: it fulfills its In brings hope suit to collect the amount owed, then such a cause purpose. -Section faculty should be better prepared at first meeting*. Explain what they expect during the year. Explain briefing techniques and legal vocabulary. - — New Law to Curb Collection Abuses ... New Library Hours Set LATKO printing 6 copy centers -resumes -fliers & posters -brochures We specialize in printing multi-page briefs. November 21,1977 Opinion 8 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-11-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/21/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5298729ed6dae563390090cc9779d871.pdf e8da70fd14c128292af901269e0b3b9d PDF Text Text Kamisar by Mike Buskus This year's to Deliver Mitchell Lecturer V outstanding law professors in America by Time magazine and his role as an advisor to the American Law Institute's Model Code of Pre-Arraignment Procedure. i His publishing credentials encompass widely diverse areas of criminal Jaw. They include right to counsel ("A dissent from the Miranda dissents," 65 Mich.L.Rev. 59 [1966]), the death penalty (Student Lawyer [May 1973]), police tactics (49 Corn.L.Q. 436 [1964]), illegal searches and seizures (1961, U.111.L.F. 78) and others. Kamisar's first professional publication while teacher of law was in 1958. It dealt with euthanasia, the topic he is returning to twenty years later as the Mitchell lecturer. That article was entitled "Some nonreligioUs views against proposed 'mercy Killing' legislation,"- 42 Minn. L. Rev. 969-1042 (1958). It remains the classic exhaustive analysis on the topic. Mitchell Lecturer is Professor Yale Kamisar of the University of Michigan Law School. Professor Kamisar will present his lecture on the topic of euthanasia on Thursday night, November 10, at 8 p.m. in the Moot Courtroom of John Lord O'Brian Hall. The public is invited to attend. Professor Kamisar is a widely renowned expert in the field of criminal law and criminal procedure. Presently a full professor at Michigan, he has been a professor at the University of Minnesota as well as a visiting professor at Harvard. Kamisar has authored several standard textbooks in the constitutional law and criminal law areas. He co-authored the Lockhart, Kamisar & Choper Constitutional Law text His pioneering Modern Criminal Procedure (co-authored with Hall Israel) is the seminal work in the field of criminal procedure texts. Selection as Mitchell Lecturer Kamisar's accolades include his Kamisar was selected as this year's nomination as one of the ten most Mitchell Lecturer by a joint student-faculty — , _ Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18, Number 4 committee, composed of equal of both students and faculty. Initially, the committee compiled a list of some 100 possible lecturers from the fields of law, politics and government. Finally, the field was narrowed to five of the most prominent persons on the list. Those persons were contacted as to their availability for a lecture and published article. The list was finally narrowed to several persons, including Senator Mike Mansfield. Professor Kamisar was ultimately the committee's first choice for representation speaker. The annual Mitchell Lecture is made possible from a grant from the late James •Mitchell. Mr. Mitchell left a bequest of approximately $35,000 to the law school for the sole purpose of funding speakers of geheral interest. Each year, speakers are financed from the earnings of the fund. The principal amount is left intact. In addition to the main Mitchell Lecturer, several other noteworthy speakers are funded each year by the grant. This year's program to sponsor Professor Kamisar's Opinion State University of Mew York at Buffalo School of Law Professor Kamisar visit for a four day stay-in-residence at Buffalo will cost $1600. The tentative itinerary for Kamisar's visit is as follows: He is scheduled to arrive on Tuesday afternoon, November 8. He will appear as a special guest of Judge Ostrowski's Criminal Procedural class that evening, rt On Wednesday, November 9, Kamisar will appear as a special guest in Professor Katz' Criminal Law I class. Afterwards, he Continued on Page 8 Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 November 3, 1977 Legal Services for Elderly Needed by Sharon Osgood Eve, Bakke Case Highlight Minority Law Day by Vikki Edwards - enroll in law schools. Law Day is also meant to provide a forum in which members of the community "After you finish law school, and the Law School can explore don't forget your roots come the relationship of law and' back to your community because society, especially with respect to it needs you." minorities. This was the point made by Arthur Eve gave a strong, several of the speakers at personal speech urging black BALSA's second annual Minority lawyers and law students to Law Day, held on Saturday, become involved in the October 29-, at the Law School. community. Eve then answered The agenda for the day featured questions from the audience, appearances by Arthur Eve, New many of which were concerned York State Assemblyman and the with issues in the Buffalo mayoral Democratic candidate for Mayor race. In discussing his plans to of the City of Buffalo, Fletcher Graves of the Department of improve the housing situation in Justice and Jesse Williams of the Buffalo, if he is elected, Eve BUILD organization, as well as stressed that he* wants to "get presentations by several law people back into the City." Eve. students, q uestion-and-answer also would favor a residency sessions, and, finally, a reception requirement for city workers such for all, those who participated in as policemen and firemen. He would also support a ban on sex the day's program. The purpose of Law Day is to i discrimination, though he sees provide information to those little likelihood of its passage on interested in a legal career and to the local level in the City of Continued on Page 7 encourage minority students to and Kirn Hunter — . An "H. & R. Block" type of office to assist people in filing for governmental benefits?. Thjs is the scenario predicted by Paul Nathanson, Director of the National' Senior Citizens Law Center in Los Angeles, California, in a lecture on Law and the Aging given at the law school on October 18. Nathanson speculated that a sliding fee scale would'be used for such services and that the Bar Association would not control it. Nathanson revealed many such plans in his discussion of the future of legal services for the elderly. Although a present need exists for specialized legal services for the elderly, Nathanson predicted that programs for the elderly Will merge with general legal programs for the poor in the future and that these new programs will be more sensitive to the needs of the elderly. One reason for the likelihood of this development ft. that the substantive needs of the elderly are similar to those of the population in general. Another development which he expects is "back-up center" service which will provide research and advice to private attorneys who take pro bono cases. He noted that a bill has already been submitted to the California Legislature which, if passed, would provide 1.5 million dollars for such a back-up center system. Mr. Nathanson's office has also drafted a similar bill for Senator Edward Kennedy that would provide for a national back-up center for the elderly. Nathanson was adamant that legal services for the elderly not be just another social service. A professional legal program dealing with statutory and regulatory problems and engaging in major impact litigation cases which would affect the elderly in a significant way is badly needed to provide viable ( services for the elderly. He observed that legal services for the elderly programs do take individual cases in such subject areas as conservatorships, government benefits problems, contract cases and wills. This work is important in order to protect the .rights of the elderly. Guardianship hearings involve the right of an elderly citizento have power over money, home and , even friends. Yet, according to Nathanson, less than 2% of the elderly are represented by counsel in these proceedings. According to an Ohio study, when counsel is present, there is a much greater likelihood that institutionalization of the senior citizen will not result. The National Senior Citizens' Law Center deals more, however, with major impact cases, providing consultation and litigation services to all legal service programs. For example, they have recently been involved in a lawsuit to force the federal government to release funds approved for a senior citizen's I nutrition program! Paul Nathanson One problem that a program such as his faces is in the dissemination of information after a victory has been won. "We need to disseminate information on what happens so people can react to it," he said. "Passing legislation is worth a hill of beans if no one has heard about it" Nathanson also noted that "Laws and cases don't mean much unless there is follow through." To illustrate, he mentioned that Mr. Wiesenfeld of Social Security widower benefit fame, whose Supreme Court case was decided in 1975, had not, as of a few months ago, been processed through the Continued on Page 7 �Guest Comment: 'Merit' Selection Urged by Jasen I should also point out that in' the beginning of our statehood, the high court judges in New York, like Justices Senior Associate Judge of the United States Supreme Co_urt, were appointed, not New York State Court of Appeals elected? In point of fact, election of judges came rather late with the Constitution of 1846. And, interestingly, In the November election the voters of New York within 20 years of the T846 Constitution, the drafters of Stale will vole not only for local officials and upon local | the judicial election provision were disappointed and issue-., but, additionally, they will be called upon in ( disillusioned with it in practice and, in fact, proposed its statewide referendum to vote upon a variety of |repeal. not be permitted to "buy" a seat on the Court of Appeals amendments lo the New York State Constitution. Three of This is not to say theCourtof Appeals is net a leading with an intensive and expensive advertising camapign, those amendments (Nos. 1, 2 and 3) propose major repairs court. It is and has been, but nofhecause of the method especially one- based on misrepresentation and misleading (of electing judges. It has taken incessant pressure from the to the foundation of our state judicial system. If the trend continues, some have perceived as statements. Amendment No. 1, if approved, will eliminate partisan »,-organized bar associations, the vigilant press and good real the danger that the Court of Appeals will become a elections in ihe selection of the seven judges who sit on the government groups to force the political parties to court to which only the rich and powerful may aspire. State's highest court, the Court of Appeals. Amendment nominate acceptable candidates. In the process there have That indeed would be a calamity. No. 2 proposes to vest direct responsibility for the been some notable successes and some failures as well, and We should take our cue from Chief Judge Charles D. administration of the State's trial courts in a Chief of the great judges, ironically most of them initially gained Breitel, as well as«present and most former members of the Administrator of the Courts who would be appointed by a seat on the high courtby appointment of the Governor, Appeals, who have urged that the judges on our Court of the Chief Judge of the Court of Appeals with the advice not by election. The results under the present system, in court should be appointed, not elected. Also, the highest and consent of the Presiding Justices from each of the four any event, have not been uniform, and in the final analysis President's Commission on Law Enforcement and well departments into which the State's judicial system is a politically acceptable candidate is no substitute for a Administration of Justice observed: divided. The third amendment on the ballot is designed to qualified appointee that Amendment No. 1 assures. of -streamline existing constitutional procedures for the I have also heard it said that the partisan election "The elective process, particularly ifjudges are elected discipline of judges for misconduct and their retirement judges to our highest court is the "American Way" of of political parties, has not proven an ■ as candidates minority of from office in cases of physical or mental disability. In my choosing judges. Hardly so. New York is one a for choosing persons to fill an office as system effective opinion, each of these proposed amendments warrants the of only twelve1 states that selects its high court judges in daily political pressures as the judiciary removed from only of five that support of the electorate as they represent a major step partisan political elections. And it is one should be. Selection of candidates tends to be dictated to toward the goal of a better and more efficient court selects its Chief Judge by such.method. All the other fifty an excessive degree by party considerations and other of merit selection. system. states have adopted some variant unrelated to the candidates' qualifications for factors Since the most discussed amendment has been No. 1, Surprisingly, there has been no movement by the the electoral process gives the voters little office, and to that the ; suggest the selection of the seven Court of Appeals Judges, I will opponents of this amendment opportunity to weigh the relative abilities of- the limit my remarks to this important proposal. Constitution of the United States be amended to conform candidates ..." judges so as to require At the outset, it should be noted that this amendment to the "American Way" of choosing does not provide for'the appointment of all of our judges that the Justices of the United States Supreme Court, as Merit selection is then clearly imperative to the in the various courts throughout the State, but is limited well as the other Federal judges, be ejected in a partisan continued prestige and quality of the Court of Appeals. only to our highest court, the Court of_Appeals, consisting election. Virtually every organization that has studied the issues, of seven judges. The remainder of our judges, Some of the same critics of the proposed amendment and New York State Bar approximately 3,500 in number, are not affected by this argue that the people should not be deprived of their including the American Associations, the American Judicature Society, the judges highest the on our 130-year old rightto choose amendment. on Law Enforcement and President's Commission It has been said ■by some opponents to this court by "popular election. Again, we need only look at York State League of Justice, Administration of the New to 1972 the amendment that there" is "no "proof that the merit the record to discover that for 122years prior Courts, has for Modern Voters, and the Committee Women appointment of Court of Appeals judges, in place of j/average citizen had no voice in the selection process, as no of election and the partisan endorsed the elimination primary a the partisan election, would bring us better judges. I disagree -ii/ candidate could challenge in high court for appointive system of an establishment already made for him by political leaders. The there is abundant evidence. We need only look to the judges with accountability and safeguards provided to discover that most of the great judges to serve on thc[_ law did not allow primary election for the office of Court 'through screening or confirming commissions. judge. Since 1972, after a change in the law Court of Appeals in this century were initially appointed As stated before, Amendment No. 1 is designed to by the Governor, not elected, to the State high court. allowing primary .elections, there has been a primary Leading names in American and State jurisprudence, Such election in each and every'year a vacancy'on the court eliminate partisart politics in the selection of the Chief as Cardozo, Pcjund, Crane, Andrews, Loughran and the occurred, 1972, 1973 and 1974, thus requiring some Judge and the six Associate Judges of the Court of two most recant Chief Judges, Fuld and Breitel, were candidates to run. statewide twice in the same year for the Appeals, and to establish merit as the sole basis for initially appoilted to the Court by a conscientious same office once in the primary and again in the general selection by insulating that process from the influence of Governor to tjl a vacancy or to serve in time of special election. Furthermore, during the recent twenty-year politics and wealth. The proposal provides for the need. Each raving proved himself, later nominations and period between 1952-1972, there were only four contested establishment of a twelve-member non-partisan election to a full term on the Court of elections for the Court of Appeals. The other thirteen Commission on Judicial Nominations, with four members by the Chief Judge, and confirmed the merit of the initial gubernatorial elections during this period were uncontested, as political appointed by the Governor, four by principal majority and minority one each the four appointment. leaders of both major parties cross-endorsed the same leaders of the State Legislature. The Commission will have The People of the State may expect and demand this , candidate, thus depriving the voters of any choice. caliber of jurist under a merit sclction system as proposed The appointive system, it has been said, will work a high degree of public "representation. No member of the combining No. gubernatorialagainst 1, Amendment in qualified women, blacks and other current Commission may hold any office in any political party. appointment, a non-political nominating commission of minorities. One need only look to California, an Nor may any lawyer member be appointed to a judicial J state, to refute this argument. A woman and a office while serving on the Commission Or for at least one citizens and confirmation by the People's elected State 'appointing Senators. This is the- evidence that an- executive black, both found wclLqualified, were recently appointed year after terminating service on the Commission. The Nominating Commission is charged with appointment system controlled and strengthened by to its highest court. Here, in New York, both a woman and evaluating the qualifications, of all investigating nominating and confirming commissions involving a candidate, Judge Nanette Dembitz, and a black, former political, social and economic cross-section of the Presiding Justice of the Appellate Division, First candidates for the Court of Appeals. It may recommend to corhmunity will produce better judges. With such careful Departrncnt, Harold A. Stevens, were defeated in recent the Governor only persons who are well qualified to serve on the high courts, and its recommendations must be provision for participation by. citizens and the People's contested elections for'the Court of Appeals. x-Indeed, Learned Hand, one of the greatest of accompanied by a written report. The Governor in turn elected representatives in the appointment process, the American judges as an appointed Federal Circuit Judge, must appoint from among only those persons charge that the system is "elitist" is untenable. recommended by the Commission. As a further safeguard, November 3,1977 ran a poor third in a contested election for Chief Judge of and following the Federal practice, the nominee selected Vol. 18, No. 4 the State Court of Appeals. Prior to 1972, the selection process '»for judges of by the Governor is subject to confirmation by the-people's Kirn Hunter Editors-in-Chief New York's highest court; particularly the office of Chief elected representatives in the New York State Senate. In sum, if New York is to have modern courts, It is John Simsoh Judge,- Was relatively immune from partisan politics. Becky Mitchell Editor However, in the last three Court of Appeals elections, in imperative that all three proposed court reform Randi Chavis Photo Editor 1972, 1973.and again in 1974, we have had a succession of amendments become part of our constitutional fabric, Ted Firetog Business Manager contested and sometimes bitter primary elections. The They represent the first genuine reform of the basic Staff: Bill Brooks, Mike Buskus, Tim Cashmore, candidates in these campaigns expended staggering sums of institutions of the court system since 1962. They move 1 Shirley Gorman, Jim Paris, Sheryl Reich, Michael money, mostly for television advertising characterized by our State into the mainstream of court modernization in I Schwartz, Mike Shapiro, Dean Silvers, Dwight Wells, irrelevant slogans. Meaningless or tasteless television the nation and toward the goal of a truly unified, a I Joyce Zanglein commercials have been substituted for meaningful competent, efficient and effective court system with! Contributors: Larry Cohen, Hon. Matthew Jasen, Vikki discussion of the real issues, thereby masking the "justice for all." qualifications, or lack thereof, of the candidate. Since the Edwards, Sharon Osgood 'Alabama, Arkansas, Georgia, Mississippi, Northl Copyright 1977, OPINION, SBA. Any republication of points emphasized in the television spots usually have no Carolina, Tennessee, Texas, West Virginia, New Yorkß materials herein is strictly prohibited without the; express relevance to one's performance as judge, voters are given Pennsylvania, Illinois and New Mexico. written consent of the Editors. OPINION is published every 2 1954 exaggerated expectations about the candidate. Burke-Foster; 1960 Foster-Ughetta; 196* two weeks, except for vacations, during the academic year. It is Sorry is the aspirant to judicial office, however well Scileppi-Christ; 1965 Keating-McGivern. the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, qualified, whoJacks the vast sums of motley now necessary Editors' Note: Judge Jasen presented these viewM N.Y. 14260. The views expressed in this paper are not to finance a slick and winning campaign. In the last three personally in a lecture at the law school on necessarily, those of the Editorial Board or Staff of OPINION. campaigns for the Court of Appeals, 1972,1973 and 1974, November I. The Opinion staff OPINION is a non-profit organization, third class postage would like to encourage <M entered at Buffalo, N.Y. Editorial policy of OPINION is it Is estimated that in each of these years the campaigns of qualified voters to express their views on them determined collectively by the Editorial Board. OPINION is the candidates cost more than one million dollars. I believe amendments to the New York State Constitution, funded by SBA from Student Law Fees. Composition: it is downright indecent to spend a million dollars to choose jheir public officials as well, by voting nM University Press at Buffalo, Sub-Board I, Inc. "elect" a judge to our higfuft court A candidate should Tuesday, November 8. " by MATHEWJ. JASEN , , , , , f , * - flection - , ' ,j ••■■ j - - - - TuesdaM andM ' K NdvemU^m^,Crpint6^ 2 �John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 Volume 18, Number 4 Opinion „ Non-Profit Organization U.S. Postage PAID Buffalo. Now York Permit No. 708 State University of New York at Buffalo School ofLaw November 3, 1977 An Examination of Trick-or-Treat as an Implied Warranty The realism of the seventies is got an apple from the bowl. I us.. I discovered ' that took out.my Remington Electric Monday night as I engaged myself Shaver and stuck it jn the apple. I with 50-75 youngsters out for composed myself and quickly Halloween. Gone were the $1.29 came back to the door. I gave her costumes from Grants or the apple and smiled a Woolworths (Gone are Grant's, supercilious "Soames" smile as and Woolworths almost!). No she departed. I was truly upset. Not even my fairy' princesses, wicked witches, hoboes, scary monsters or rag new toaster that plays instant replays of a genuine Buffalo Bills dolls. The first six-year«old who victory could pull me from the approached my door was dressed throes of 'my depression. What in a had happened to childhood. I quite immaculately three-piece herringbone L.L. shouldn't have asked myself that Berger's special. I asked her who question. I soon found out that she was, and she told me she was my most horrible fears would out for Halloween as the Western soon be confirmed. New York Financial Coordinator A commotion in the street for Merrill, Lynch, etc For brought me out of my reverie. fifteen minutes ,we discussed Machine gun fire split the night recent trends in the market; she and then lound rapping on my then informed me that for a slight door. Six four-year olds carrying guns, dressed in commission (four Hershey bars, as tommy I remember) she would pass the camouflage gear burst in. 'Trick or treat Amerikan Pig," word that our house was particularly poor two kernels of they chanted. "Hi, I didn't pay my phone tax candied corn which your mother' won't let you eat anyway because during the war,-" I said. its unwrapped, and some toilet 'The war is just beginning," they chanted. paper"Oh, you must be dressed up \ told her that I enjoyed meeting all the kids with their as German Terrorists for. neat costumes, gave her her two Halloween." "No, we are candy terrorists," candied kernels and toilet paper they chanted, "and you are a and bade her farewell. The next to approach was a candy ass!" "Of course," I answered. nine-year-old wearing jeans and an old sweatshirt. He said, "Hey, "Here's everything I got," I said, what's happenin'? This is dumping the remaining candy Halloween, can you dig it I mean corn kernels and toiletpaper into their swollen bags. like trick or treat baby." 'That woman was right," one "Who are you out as?" 1 asked. of them yelled. "A teenager of the next Halloween you era." "That's a pretty specific betters-be giving out big size Hershey bars or you'll have us to period," I interjected! "Hey, man its really where I 'm answer to. None of this at My third grade project was on unwrapped crap. You want kids the cultural rise bf the teenager"to dress up like hoboes, and fairy 1965-1971, and I'm reallySnfo godmothers, well when kids dressed up like that, they got it." "Well, would you like some candy bars, big ones, ones they don't make anymore." candy?" "Do you have any spare change?" An hour passed and no one came. I started eating the candy. Just then a small head appeared in the door. "Trick or treat and UNISELF." The young tykess was dressed in a long flowing white gown, with great aunt's jewelry, carrying flowers. I thought to myself how wonderful. A fairy princess. "Oh, you. must be a fairy princess, M"l said. "No, I am a follower of the Guru Belli Melli. Would you please buy a flower?" I ran in fright to the kitchen. I upon ... — , "Look, Count, / know it was a sample bite in the neck, but the D. A.'s gonna shoot for attempted rape!" Bell's Bell Rung: Students Win Tort Action v. Prof without any mitigating interesting interstitial materials, therein intentionally inflicting severe and This reporter has located a significant, butt traumatic mental distress upon plaintiff students, previously unreported case: Torts §1 v. Bell, 499J State Rubbish Collectors Association v. Siliznoff, 38 N.Y.2d 8876 (1976-. The existence of this Cal.2d 330. landmark case was apparently first disclosed last fallI Defendant, by appropriating key ideas of when an anonymous source left a copy of if on the plaintiffs for his own pernicious publishing pursuits podium of a certain' Torts professor. (The reader is has converted the mental property of plaintiffs, cautioned that all events depicted in the case areI Russell-Vaughn Ford, Inc. v. Rouse, 281 Ala. 567. fictional and any resemblance to actual persons, Defendant professor failed to meet the reasonable professional standard of care by living or dead, is purely coincidental). FACTS: Plaintiffs, the aggrieved class of neglecting to timely advise his students of their joint-tortfeasees brought a class-action suit againstt options to: (1) leave law school, (2) drop defendant, Professor Learned Bell. Plaintiff's; defendant's course, (3) transfer to Professor Laufer's class, (4) not attend class, (5) all of the above. rrirrrplaintstipiilatpfl the following: Defendant, during the faculty-student football I Professional malpractice is an actionable tort, Lally games and at other times committedassault againstI v. K«sfer,l77Cal.7B3. various plaintiffs by surrounding said plaintiffs withi Defendant's imposition of an excessively a display of vicious force, Read v. Coker, 138t lengthy incremental reading assignment superfluous Lng.Rep. 1437. Defendant's icy glares at" some to the preliminary syllabus was clearly a nuisance to plaintiffs constituted assault on analogy with the students. Such nuisance is an actionable tort, McFarlane v. Gty of Niagara Falls, 247 N.Y. 340. silent gunman, Rest., Torts f32m, Comment "d". Defendant on numerous occasions was unduly typically Defendant on numerous occasions thrice weekly compelled plaintiffs individually andI critical of individual student's comments or collectively to submit to the coercive confinement of arguments, subjecting those students to undue tortious classes in room 106, O'Brian Hall, which isi embarrassment and ridicule, dearly establishing tantamount to false imprisonment, Bird v. Jones, defamation and libel per se, Belli v. Orlando Daily Newspapers, 389 F.2d 579. 115 Eng. Rep. 668. Defendant willfully, repeatedly, and with malicei On numerous occasions defendant unreasonably aforethought assigned and covered in classi compelled plaintiff students to answer his irrelevant unconscionably dull and irrelevant materials, and inconsequential questions, constituting an obnoxious invasion of the right to privacy, an actionable tort, Flakey v. Greensboro News Co., 212 "This means 111 have to N.C. 780. scrap the Bride, too!" CASE HISTORY: Plaintiffs filed their well-pleaded complaint. > Defendant demurred. The demurrer was overruled. After evidence was submitted, defendant \ entered a motion for a directed verdict, which was denied. The jury reached a verdict for plaintiffs. Defendant's motion for judgment n.o.v. was denied. Defendant's motion for a new trial was denied. Defendant appealed to the Court of Appeals, after obtaining a rule nisi. ISSUES DECIDED: Were there any, reversible errors at trial? NO. " DECISION: Rule discharged. Judgment absolute for plaintiffs. OPINION: (The Chief Justice) Res ipsa loquitur COMMENT: The trial verdict was to compel defendant to award all plaintiffs an "H" in torts. by Mike Buskus -, , : , r - — . r : r r , , ' 3.1977 3 �Schwartz on Spdrts:^ ' Free Agency Hits Law Faculty by Michael Schwartz Concern swept the law school recently when it was announced that Howard Slusher, the uncompromising football players' agent, has been meeting with selected faculty members. As "a result of this meeting several professors have refused to perform essential teaching functions unless their contracts are renegotiated. Inside sources report that Mr. Joyce will not hand in the Grat Trans, grades, if his demands are not met. Slusher,' well known for his creative and drastic tactics, has formulated a strategy which will force students to pressure the administration to concede. As the first step in this campaign all faculty have refused to write recommendation letters until meaningful negotiations are underway. Those few students, who have yet to find jobs, were seen hounding the Dean to settle the dispute. To further increase student pressure, those Rrofessors who give D's only when faced with a blank exam have threatened a drastic change in grading policy. Preparing for the worst, the administration has called upon all former research and writing instructors to take over the first year classes at a moments notice. * * * * I would like to thank the many people who have sent cards and letters expressing their romantic interests in Benny the Fan, star of the last Opinion issue. Unfortunately Benny is unable to make public appearances at this time, but unconfirmed reports have indicated that Chadsworth, Wadswortr Counsellors ai One Worth Sti New York, New Yoi 212-56&529 Cable Address: WOF Lex Juris Udris, Esq. 106O'Brian Hall State University of New York at Buffalo School of Law Amherst, New York 14260 Prof Joyce, barely visible above, showing the exams he hasrefused to Dear Ms./Mr. Udris: grade until his contract is renegotiated. As part of his protest, Joyce refused to allow our photographer to focus and said further, "She knows why." j Benny is at the top of the list for commencement speaker. Benny is presently recuperating from injuries received at the hands of his roommates, who were slightly upset when Ben refused to turn up the sound when watching the World Series. * * OPEN SPORTS FORUM - Thank you very much for your recent lei resume. We are in the midst of our fall intc interviews on campus at seventy-three (73) I one of them, but for obvious reasons we canni generally give priority to applicants from law interviews. If we could interview everyone, we woul irrespective of the outcome ofany interview t this time, and, therefore, I do not believe that will be able to consider seriously your applies be a productive use of your time for you to cc necessity forced to form relative judgements of the academic records emerging from th< frequently a difficult decision to make and regret that it does not appear likely that we w could be considered. Your resume has been placed in our file time, and if our situation should change in th< I couldencourage you, but I find myself unab I am sure that with your outstanding n securing a challenging position when you grad We appreciate your interest in our firn located. Best wishes in your job hunting, I am, * * Convinced that there is a future George Plimpton in the law school community, SCHWARTZ ON SPORTS hereby announces an opportunity for any individual to submit humorous observations on the sporting world. The best of these contributions will be printed in a future column with appropriate credit given to the authors. Please submit all items to the Opinion office, Room 623 in care of S.O.S. Nightmares in the First Degree They wonder why I have nightmares. I can't help it but Criminal Law scares me to death, gasp for breath, take a rest, don't protest and lay down the book in despair. We started the year off with Ritter Andyou wonder why I'm so bitter. ■-' Kill your love, push and shove, Play roulette, make a threat, If she doesn't comply, well then slither. Legal Wo AII Hallow's Eve gives me no frights. Ghosts and goblins floating at night. Spooky spells, scarey yells, —' Crazy faces, spooky places, Can't give me a nightmare tonight! Benny the Fan seen recuperating in a nearby hospital, practicing for Commencement address. Auction Planned To Raise Needed Funds Every year, listener supported stations sponsor huge revenue-raising campaigns. Many sectors of the community come forward with promotional ideas and gifts to help raise the needed funds to keep public television and radio on theair. Last, year in an effort to improve The Criminal Justice System's public image, the District Attorney Edward CosgroVe and various Judges donated goods and services to the Channel 17 Auction. 1 Motion Unopposed in a C Felony or less 2 Suppressions Granted 1 Vacation for Two, of any sentence of greater than five years. These items proved quite popular, however, it was hard for those pledging to purchase such items without violating fifth amendment incrimination rights. Due to the shortage of funds here, it has been suggested that the Law School hold an auction of its own. There are plenty of things for which students would pay lots of money. Suggestions included were a free pass for uhpreparedness in Spangle's Comm. Transactions Gass; A Boston Red Sox hat to wear either to Tax I or Grat Trans.; a translation of any Civil Procedure Course. A semester's supply of No-Doz for ... JVoxemb&>3.l977 Opinion 4 B T R. S A V N E E H D R T R E^ F D A V S Z N I I A T C N E C T U E N W R T B ME- FELON -R L T I U There are 15 law-related words buried in more than one word, naturally. Here are y Article 2 of the UCC What an attorney accepts for representing someone -J The Supreme Court may grant you this If you cap't get jurisdiction in person, try this The burdened estate is this one A feudal slave It's more serious than a misdemeanor ■ - �New Theorists: Isworth & Butterworth All Quiet in the Citadel by Ray Gestae October 31,1977 o cent letter of August Ist with the attached all interviewing program which involves (73) law schools. Your law school is not ccannot interview at every law school. We >m law schools at which, we conduct these c would certainly interview you. However, rview we could not offer you a position at ye that the likelihood is very good that we application. We do not think that it would v to come here for an interview. We are of ments based on the fullest possible review >m the resumes submitted to us. This is c and was particularly so in your case. I t we will haveany openings for which you >ur files which are reviewed from time to i in the future we may contact you. I wish f unable to do so. ding record you will have no problem in v graduate from law school. ir firm and we wish you well in getting m, Very truly yours, , Kingsbury Wadsworth Trowbridge, 4th ford Box A L E S L H E L R N E C I P O S I C O I AT I M T C M Q A S W U O V I B J D G L N V H I I A F UQ. C After years of accepting the basic premise of Tort law, if it walks like a duck, talks like a duck, and smells like a duck, it's a duck, the great minds of our age are looking towards newer and more precise methodsof defining a Tort. 1 The Right Reverand Albert Soo recently criticized traditional Tort law as lacking in religion. McPinion reporters were on hand at his opening farewell and 'briefly interviewed him. Mc: "Al, you questioned Tort law as being atheistic or at least anti-religion." R.R.: "Well, Mc, as I see it there are two main problems. The first has to do with turning the other cheek. In Enos v. Marmaduke, 291 O.T. 6 (T0,410 ttC)/ the SupremeCourt held that when slapped a man must turn the other cheek. {This was later applied to women in 1972 A.D.) 3 Now, it certainly would defeat the purpose of the ruling if a person could turn the other cheek while suing for damages. "me Court stated, "Certainly the purpose of turning the other cheek is to show compassion, mercy, and forgiveness. Bringing an action of battery would seem to undercut this great public policy," citing Cain v. Abel (Garden of Eden Family Court).4 'The second problem as I see it is that the court never asks, 'Did the tortfeasee deserve it?' If they did, then why holler about it. The ( ways of God are mighty strange at times, but you can bet that things even up in the long run. So what right do judges have meddling in His scheme of things, awarding people money when they're worse_than those doing?" Mc: "So right Reverend,*"you 6 believe7 the first8 question should be, 'Did the plaintiff deserve it'?" 9 R.R.: "That's correct. Once that hurdle has been cleared, then and only then do we need go on to the second most important question." Mc: "And what is that Al?" R.R.: "How much money do the respective parties have. My feeling is that no matter how deserving a person may be, if they've got a lot of money, then fuck 'em." Mc: "Right Reverand, This is a family newspaper." R.R.: "Did you deliberately misquote me?-! didn't say that I'd never say such a thing as that. You're going to hear from my lawyer first thing in the morning." Mc: "No offense." R.R.: "Like Hell. Libel and Damage to a Preaching man's reputation is an offense of-the most serious nature." Mc: We're sorry if we made a mistake." R.R.: "Mistakes,.intentional slander, 1ibe1..." Another great theorist to surface in recent days is Clemington Samuel Larch. Clem has an eighth grade education, and served as the maitre de in Curley's Chicken House and Fine Eating Emporium. Clem's Tort expertise grew from his many years in the kitchens and the many intentionalfood poisoning Torts he was forced to defend. Clem's study of Torts centers on causation. In his most famous case, Pike's Stomach Disorder v. One Allegedly Rotten Canoli, Clem successfully argued that Salmonella organisms found in his Canoli did not per se equal negligence; and only if the Plaintiff could show that every item taken for the preceding two days was germ-free, could a case be established. We spoke to Clem about his new book, "Advanced Proximate Cause." An interesting work, Clem argues that when proximate cause is accelerated, the number of possible tortfeasors become so great that a rich person can always be found from within their ranks to subsidize the injuries of the defendant. For instance, in a car accident between two uninsured motorists, and an elderly couple, who have no money, were seriously injured, were not in any way negligent, and didn't deserve it: that couple could be allowed to sue The Bell Telephone Truck that slowed the car down ' A Poem from the Second Floor Person's Room Lawyers from Manhattan, frown on phrases Latin They think them ratherpompous, rather queer Why sayhabeaus corpus, or ipse dixit anthropomorphous When you can justas easily say "wishyou were here." ■ I wish those'token words would dry up justlike turds And get all flaky white and wash away There's nothing more annoying, so ego-self-destroying as visi proxi, de facto, "what didhe say." The client at this point became A lawyer who forgot to say "May I" after being awarded one so enraged at her lawyer that she Giant step by the Court of Petty kicked him in the shins and «'Claims, was sentenced to go back punched him out. Her lawyer then to.the beginning and start over. brought ah assault and battery Later action against her in the Petty Later in the same proceeding Claims Court. The Judge awarded the lawyer once again forgot to him $1.49 for damages to his say "May I" after being granted dignity and reputation as a To let an accused off the hook One acting like a trustee This order.assigns paternity You may have many residences, but you only have one of these This is the end we're after his motion for one umbrella step. lawyer. Ironically, The failure to say said words, To dispossess r "Perhaps an appeal would be advisable in your case." My Most Memorable Day In Court d in this square. Letters can be used in are a few clues: You can own this in simple This is the method by which one allegedly learns law earlier in the afternoon. Thus making the car reach that spot .11 CN.kth that time. Also joined would be The Seiko Watch Company. Ihe Automobile manufacturers and any other large organizations in existence within a forty-mile radius. (Spoken like a lawyer.) ' Clem has also been a pioneer in the field of "Consumption of Risk," which is particularly applicable in Food Poisoning cases. Clem's main thrust is that if it tastes good, whereby you cat more than one bite, ("I threw in the whereby to sound lawyerlike."), all liability ol the food preparer vanishes. Clem states, "So when its really horrible cooking and you throw up right away you havefcn action. I just don't think we should penalize really good cooks who just sort of mistakenly us*Three Day Old Pork that's been lying on thft#»ove." Clem's theory however was not applied beyond the area of actual foods and in One Lead Paint Chip v. Many Poor Brain-damaged Children, the court executed the attorney for the landlord organization who had the gall to suggest that "the stuff's really good for the kids, builds strong body's 12 ways. Lead makes you tough." (Spoken like a lawyer) when asked to in a vacation of said explain the bizarre series of events umbrella step and once again the that led to the-suit, the lawyer lawyer was forced to return to the reportedly said to local TV. beginning. newsmen, "May I." resulted. New Tort theorist "Clem" Larch sucking on an Apple cider cocktail. Opinion Novembers, 1977 5 �Program Established Space Cadet Intern Opinion discovered today that Anita Bryant's children, Bear and Bull, have been living in a home, shown above. Known as the Florida Fruit Tree House and Condominium, it is the only known "safe-house" for persons, "with peculiar tenancies." ghostwriters .. . David Ascher Irene Schall Kenny Gartner Shirley Gorman John Simson COFFEEHOUSE SCHEDULE UUAB Coffeehouse Schedule Joyce Zanglein - Randi Chavis Betsy Rose and Cathy Winter, Women's and November 4 & 5 Contemporary music. November 11 &12 Pricilla Herdman, Folk festival favorite. November 18&19 -no coffeehouse. December 2 & 3 Potskill with Pat Sky, Irish band. opinion will not be responsible for any boo-boo 's on these pages - Dean Headrick, in keeping with his promise to be innovative and progessive regarding Law School programs, introduced a new student to O'Brian Hall. He/She? is Non-Vel, a visitor from another solar system. Non-Vel will concentrate on extra-terrestial applications of equal protection doctrines while at UB Law School. Criminal Law: When in Doubt, Due Process by Bill Brooks - The Philadelphia 76'ers and criminal lawyers have something in common. When all else fails, each has a last resort. When the Sixers afe in trouble they give the ball to Julius Erving and watch. When there is nothing else, criminal lawyers yell due process violation. Both strategies are relatively successful. Due process considerations were the basis for the courts decision in In Re Winship in which the Supreme Court held that in a criminal proceeding, the state must prove all elements of the offense beyond a reasonable doubt. Thus in Mullaney v. Wilbur (which everyone who participated in Moot Court last year knows about, excepting of course if you are Dean Silvers, in which case you argue the constitutionality of felony-murder straight out of Kadish and Paulsen. And if someone asks you about Mullaney and Wilbur yOU answer, "Yeah, they're pretty funny, weren't they on Hee Haw last week.") the Court unanimously held that Wilbur's conviction could not stand because it violated "oldreliable," the due process clause. (The unanimous decision meant either one or two things Rhenquist was tripping when he voted to overturn a conviction, or he was doing a New York Times crossword puzzle at the time and said "Count me in with Burger.") The Maine statute which Wilbur was convicted of murder under divides homicide into murder and manslaughter. These offenses are not subdivided into different- degrees. Unlawfulness, intentionality, and malice aforethought are the elements for murder. Manslaughter is the unlawful killing of a "human being in the heat of passion, on sudden provocation, without implied or malice express aforethought. According to the — Maine court, malice aforethought is the converse of heat of passion, iJe. one negate* the other. However, Maine had the burden of proving only unlawfulness and intentionality. If these elements established, malice were aforethought was to be implied unless the defendant established by a preponderance of the evidence that he acted in the heat of passion. Because Maine was not required to prove all elements of the offense, Wilbur's conviction was violative of the due process clause. The Burger Court took little its time in re-establishing reputation in Patterson v. New York. (Reputation as to what? I can just see Rhenquist talking to Burger: "Hey we better limit Mullaney fast, someone might mistake Us for the Warren Court.") Patterson was convicted of 2nd degree murder, the elements being intent to kill and the killing of an individual. An affirmative defense to this charge, which would lower the homicide to manslaughter, is that the defendant acted under "extreme emotional distrubance," an expansion of the common law concept of heat of passion. This defense does not negate any elements of the murder offense. Thus Patterson's conviction differed from Wilbur's in two ways. New York proved all elements of 2nd degree murder beyond a reasonable doubt, thus meeting the Wlnstfip requirement. Moreover, since the elements of murder do not negate the elements of manslaughter and vice versa, even if the defendantcould not WoveptberMMZfiPWtev* 6 prove , one could not tmatters that there is more than logically infer the existence of the (one insanity standard in the requisite murder elements. (different circuits, much less in the The Court has left open the (different states. The Supreme issue of who has the burden of (Court should clear up the issue of proof regarding affirmative iinsanity and the burden of proof disturbance, defenses that negate an element of ; as well as all other affirmative the crime. For example, when the defenses such as intoxication that state proves all elements of the- inegate an element of the crime. crime, if a defendant raises an It appears that after Patterson affirmative defense that negates \we know a few things: an element of the crime does the states can play around defendant have the burden of ; and pull a lot of hocus pocus disproving the element of the iregarding elements, and as long as crime or must the state disprove 1the states prove all elements of the defense? Burger concurring in Ithe offense the conviction will be Mullaney noted that the case did i upheld; 2) the burden of proving not overturn Leland y. Oregon, which held that the defendanthad ; affirmative defenses that do not the burden of proving insanity, i negate an element of the offense The decision was based on the i may be placed on the defendant rationale that the jury considered without violating the due process the question of insanity only after i clause. all elements of the offense had What" we don't know is been established, correct? Does whether the burden of proving . not insanity negate an element of affirmative defenses that negate the offense? In Gorshon, Bernie an element of the offense can be Diamond discussing the placed on the defendant, or defendant, a paranoid whether the state must disprove schizophrenic, noted that he "did the defense once the issue is not have the mental state which is raised. This leaves me with two required for malice aforethought questions. If you are busted for or premeditation or anything smoking pot, is it an affirmative intention, defense to say you were too which implies deliberation or premeditation:" stoned to know what you were Decisions in the federal courts doing? If it is, who has the burden have not helped to clear up this of proof? matter. In Davis v. U.S. 11895) the Supreme Court held that if the defense of sanity was raised, the prosecution must disprove it Individually typed letters, beyond a reasonable doubt. But any quantity the court in Leland said mat RESUMES decision was not constitutionally ACCU-TYPE binding. More recently (1969), 691-7480 the sth circuit has held that the prosecution has the burden of extreme emotional disproving-sanity. It dOes not help < - �Minority Law Day Features Arthur Eve - Washington Repeat ~ from Int'l Law Weekend .. - from the State Department and ihe NikUmi Regulatory Commission, counsel to tin- House and Continued from Page I Students from all over the U.S. participated in Senate Foreign Relations Committees, a liti.on'-. encouraged Bakke to challenge the Fourth Annual Washington International Law group, and a private firm. the program. The Medical Weekend on October 14 and 15. The event was The j)anel arrived at a consensus that anient School's defense has not been a jointly sponsored by the American Bar Association's U.S. legislation, drafted in the spirit of preventing of O'Brian Hall, Eve offered to particularly strong One, either: Section of International Law (law Student Division) •nuclear proliferation, will only serve to hint U.S. assist the law school in the Commenting on trfe future of and the Washington (D.C) Regional Council of nuclear exports, to the advantage of West German recruitment of prospective minority education and International Law Societies. and French competitors. The latter groups will students. In response to a employment, Dladla concluded The two-day prograrh provided students-With a continue to export nuclear technology to developing, question, he confirmed the that it is important to remember rare opportunity to .meet representatives of various countries without any domestic restraints conclusion that the location of that "everything isnof all right." international organizations, U.S. government comparable to those of the United States. The end the new University of Buffalo Just because some minorities have agencies, and private firms that deal with the result will be the elimination of the U.S. from any campus out in Amherst was due gotten into school-does not mean practice of international law. substantial position from which it could dictate the to political considerations rather that educational disadvantages do The first day began with a coffee reception at applications of atomic technology by these new than a fair evaluation of what was nOt exist. Minorities may find life George Washington University's Student Center. The users. best for the City of Buffalo. even more difficult as the- morning's turnout was large. Most of the participants The final-event of the weekend was a dinner at Noting his concern for the conservatism of the 70's takes its came from Quality Hotel which featured a speech by Mr. the law schools (George Washington, local downtown area, Eve expressed the toll in the restriction of both Georgetown, American, Howard and International Ambler Moss, a member of the Panama Canal Treaty hope that future Law Days could educational and employment School of Law), but a substantial number of and Negotiating Committee. Mr. Moss proved to bo a be held within the Buffalo opportunities for the students represented schools from throughout the qualified and entertaining/Speaker. He presented a community, instead of out in the disadvantaged. coufttry (Temple, Villanoya, Georgia, Kentucky, brief history of the Canal, a description of Ihe *~ "suburbs." Dean Headrick then addressed Emory, Pace, Michigan, Virginia, and Syracuse, negotiations, and finally, a summary of the Mr. Eve was the final speaker the audience briefly, expressing among others.). Administration's arguments in favor of treaty in the first afternoon session of the hope that Law Day would After the reception, students were divided into ratification. the program. That session began become a firm tradition in the law seven groups, each meeting with different with a presentation by Paula school. He noted with some international law spokespersons. Several law firms Dladla, a second-year law student, concern that minority (Baker & McKenzie, Ferry & Dick, Arnold & Porter, on the Bakke case, presently applications have dropped to and Stilt, Hemmendinger & Kennedy) were before the Supreme Court. Bakke about 150 per year from 300 per represented. The National Association of involves charges of reverse year in the past He stressed that Manufacturers, the Overseas Private Investment Continued from Page I discrimination against the Medical admission to the UB Law School Corporation, the Agency »for International Social Security Administration computer so that he School of the University of is not all that difficult and that Development, the World Bank, the I ntefnational could receive benefits. No information had yet been California at Davis for its use of a one out of every three minority Monetary Fund, the Inter-American Development disseminate*- by that agency to accommodate the minority admissions program that applicants is accepted here. Bank, the Office of the Special Trade benefit bestowed on widowers by the Supreme reserves 16 places for minority Unfortunately, many of the Representative, the Unitedv-+lations, and the Court. students accepted choose not to Departments of State, Transportation, and students. Nathanson described the origins of the Legal Dladla tried to clarify several enroll in this school. The Dean Commerce comprised the groups and institutions Services Corporation which funds his program as misconceptions that many people invited those eligible students which participated in the weekend event. having been rooted in the Office of Economic have concerning the Bakke case. present to apply. Tom Cary and Larry Cohen, UB law students Opportunity of the 19605. In 1972, the Legal The Dean was followed /by and members of the International Law Society, Services Corporation was established as an First, she noted that Bakke, a white applicant denied admission Jesse Williams from BUILD, who attended the weekend and were assigned to Group independent legal program. The L.S.C. has done at Davis and the instigator of the spoke about the realities of No. 1 after the reception on the first day. They first extensive research into delivery systems of legal suit, was not all that "well dealing with racism as a lawyer. went to the" offices of Banjcer & McKenzie, one of services for the poor, funding between 50 and 6Q qualified." In fact,, he had-beea He' emphasized,-that minority; the* world's largest law firms*with 450 Members and <■experimental projects, some specializing in services rejected at 11 other medical lawyers had to learn to deal with 1 branches in twenty-two cities worldwide. The groupi to the elderly. Delivery of legal services is really the crucial schools and was behind 35 other day-to-day survival and how one 1 received a cordial welcome from Mr. Walter A. applicants on Davis' list Of could serve the community at the -Slominsky, one of the senior partners. Mr. problem in providing services .for the elderly, same time. He noted that idealism Slominsky described what the practice of according to Nathanson. Legal clinics and special qualified students. it was also noted that there and Supreme Court cases aren't ; International Law is like in a large frim like Baker. centers are of little use to the elderly if they don't was no fixed number of minority likely to get far with local judges 1 He spoke casually about foreign dignitaries, know about them, if they are physically difficult to places set in the Davis program, or the Buffalo Police Department multinational corporate giants, and other powerful get to, or if they are in neighborhoods where the After Arthur Eve spoke, there; actors on the world commercial and political scene. elderly are not willing to go. and that minority students had Many of the L.S.C. programs use paralegals been accepted under the regular was a brief break for discussion, When asked what the opportunities are for law program standards. Dladla pointed and coffee and donuts. Fletcher graduates in a firm like Baker & McKenzie, Mr. extensively. Nathanson noted that paralegals are very out -that Bakke had not even Graves of the Justice Department; Slominsky replied that the firm's standards are very skillful at government banefit problems, especially in challenged the other special led off in'the second session of[ high. The firm will generally consider-any top-10% the areas of doing factual discovery and making admissions programs at the Davis the afternoon. The thrust of graduate whe* demonstrates, a special interest in appearances at hearings. They have been significantly Medical School such as that which Graves' message was that youngI transnational problems coupled with high credentials helpful in providing outreach services, using attorney support in a central office while they do the leg gave admissions preference to black people learn to understand in taxation, corporate securities, etc. use to their of the and then it work. Nathanson noted that this system is being in system hoping engage practice children and relations "For the student to qualified speaker, now in several Western states where bar advantage. excellent is threatened "my An firm overseas," Mr. Slominsky explained, alumni. that the impact Graves made use of intriguing seeking persons who are willing 'to commit associations are seeking to prohibit the use of Dladla of the Bakke case will be vignettes to illustrate his;" themselves to a particular country or region for a paralegals at hearings and to establish lengthy and strict educational and certification requirements for important in many ways. .Both comments and make his points., ] number of years." was concluded with Day prior paralegals. legalI school and employment programs Law 1 Fluency in a foreign language, Nathanson foresees a continuing will be affected; some programs an explanation of the law school experience in another country, and personal ties are legal profession,, culminating and its of the de-mystification process* the when firm employs i benefitting minorities and women application 1 just a few of the indices in the use of legal by UB law greater expertise for work. consumer in problems, given considering of a member overseas regardless be may eliminated such services in situations services, and and less use of in Nancy McCulle'y students sounded an i I On the whole, Mr. Slominsky the particular outcome of the Participants in the; optimistic note for the young attorney considering[ where there are alternative methods of problem Givens. Davjd and employees case, because university administrators may be program and those with questions this career for the future, "Where is this fieldI solution. He referred Jo experimental programs being make use of community fearful of potentially costly and on obtaining a legal /education 1 going?" he queried, "well, it's hard to say anywhere; contemplated which would the based on something models, well conflict resolution in interacted level but upward!" tirrre-consuming litigation period by the Chinese. Such plans the used question-and-answer past system from Baker & like such McKenzie's t Judging the fairness of challenging following the presentation arid at[ performance and present plans for expansion witht would rely on the resources of community programs. the reception at the end of the'■ new branches slated for Bogota, Taipei, Singapore, leadership and respect to settle differences among that say went on to Dladla example, rather than relying on the day as well. and Bangkok, it is difficult to argue with thatt the elderly, for solutions, -4here_ was even proof that Was Day for legal system Law had of Davis officials 8 assessment. University Mr. Nathanson's lecture was co-sponsored, by characterized by some of Unfortunately, the same does not appear to be oarticipants as a 1 the case in the public sector of international law. the University of Buffalo's Multi-disciplinary Center > the 70% OFF ON success, especially with 1 According-to the representatives from A.1.D., the for the Aging, the Law School and Erie County's LAW STUDENT respect to' the increased World Bank, the 1.M.F., and the U.N., positions ini Legal Counselling for the Elderly Project. L.C.E.P. attendance at this year's5 these agencjes for new legal counsel are currentlyi Director, Larry Faulkner, introduced Mr. Nathanson, RESUMES program. All segments Of closed, anjl may remain that way for the next fewi commenting that the elderly are gaining attention, IBM Composer and typing available the community were years. Forecasts for the Departments of State andI and that such issues as services, housing and legal and there5 Commerce, although better, were not veryi rights in conservatorship proceedings are most in represented, Inc. Center. HAH Quick Copy was active audience optimistic. A few positions are available in each, butt need of attention from the legal profession. Mr. Faulkner also answered many questions, 3342 Bailey Aye., Buffalo, N.Y. 14215 participation during all the competition for them is considered "severe." 833-8510 of the question-andThe schedule on the second day was moret both at the lecture, and at the workshop which answer periods which1 academically oriented. After a buffet luncheon at followed, about the activities of his project .in Ihe 1630"Broadway, B-ffalo, N.Y. 14212 followed each speech. Georgetown University Law Center, the students Erie County area. That program is not funded by 89?r1555 attended a panel discussion on United Slates Nuclearr, JL.S.C, but rather is funded by Tide II of the Older Also Specializing in Legpl Briefs Export Policies, the speakers included individualss Americans Act. by Larry Cohen < ... Aid for Elderly • ' . . - I stressed - '1 - - f 1 s . , s s f 5 . " 1 ' ' ' ' - t f: OptHkih : ' 7 �Kamisar to Lecture Continued from Page I will lunch with University officials, several Buffalo attorneys and Dean Headrick. Later that afternoon, he will be available for informal discussion with faculty and students at the law school. That evening he will have dinner with Professor Ron Allen and several other Colleagues. Allen was a research assistant for Kamisar at Michigan. Both have kept in close contact since their years together in Ann Arbor. On Thursday, November 10, he will be the special visiting lecturer for Professor Allen's Criminal Law class. Afterwards he will be the. guest at a faculty lunch sponsored by Dean Headrick. The rest of the afternoon will be reserved for preparation for the delivery of his lecture that Evening. The actual lecture will be given at 8 p.m. in the Moot Courtroom. After the lecture, he will entertain questions from the audience. Following the event, there will be a special reception sponsored by Dean Headrick. On Friday, November 11, Kamisar will appear before a class on Law and Development at the Law School. He is scheduled to depart at 4:00 that afternoon. • Publication in Law Review As is traditional,- Professor Kamisar's lecture and notes will be published in the upcoming issue of the Buffalo Law Review. Last year's lecturer, Rudolph Schlesinger, contributed his lecture for publication in the Review. Kamisar's landmark article on euthanasia (in the Minnesota Law Review) ... the most comprehensive treatment to date of that topic. In that piece, he distinguished voluntary euthanasia (consensual killing of a terminal cancer patient, for example) from involuntary mercy-killing (state-mandated killing of the permanently insane). He restated what was then the standard argument in favor of the practice of mercy killing. Others had argued that euthanasia should be allowed where a dying person was: 1) presently uncurable; 2) beyond the aid of any respite which may come along in his/her life expectancy; 3) suffering intolerably; 4) suffering unmitigable pain; and possessed of a 5) fixed and 6) rational desire to die. Kamisar noted that there were a number of objections to the practiceof euthanasia: some religious (which his article did not assess), some practical/legalistic. He pointed out that there was much potential for abuse of such a killing method. He raised the spectre of mistaken killing (e.g., mistake as to medical condition of victim, mistake as to actual meaningful consent of person to be kijled). He indicated that a limiting principle problem would be created: legal machinery initially designed to kill those who are perceived as a nuisance to themselves might someday, engulf those who are seen as a nuisance to others. Kamisar discussed the civil libertarian argument that others had advanced: euthanasia might be removed from the area of law, allowing individual patients and has doctors to decide the issue on the basis of their own conscience. Finally, he posed the potential difficulties of reconciling a procedure that was "quick and easy" with the need to provide adequate safeguards against abuse and mistake. Recalling the infamous abuses of mass been . killings in Nazi, Germany, as well as practical problems, Kamisar concluded, in 1958, that euthanasia was not then an idea * whose time had come. For his 1977 lecture, Kamisar will consider the substantial debate on the topic that has taken place in the last twenty years. Block Wins Meiselman Award by Becky Mitchell The Ira S. Meiselman Scholarship Fund was established in 1973 by Mr. And Mrs. Meiselman in memory of their son, Ira, also known as "Sandy," a graduate of SUNYAB Law School in 1971. Sandy Meiselman died an untimely death in an airplane accident at the age of twenty-four. The awacd, which is made to a first-year law student on the basis of academic excellence and financial need, was given to Cheryl D. Block. Sandy Meiselman became interested in environmental law while studying law here at U.B. After graduation he worked on some projects under Professor Robert Reis. He was interested in pursuing this line of work. Then in 1973 he was killed. Sandy's family decided to establish a fund to help other persons in their law studies. They committed a sum of money at the time of establishment and committed themselves to increase the principal of the fund each year for twenty years, jn this way the size of the award would grow each year. The Dean of the Law School appoints a committee which examines the folders of nominated first-year students and selects a recipient. Grades, financial need and citizenship are among the factors weighed by the selection committee in making its decision. Cheryl Block, now a second-year student, received the award in the spring of 1977. She was notified that she had been selected for the scholarship in May of 1977. On June 17,i977, she was honored at a luncheon at theLaw School attended by Dean Headrick, Mr. and Mrs. William Meiselman, Mr. and Mrs. Mortimer Spiller and family, Professor Reis, Charles Wallin, and faculty members of the Meiselman Scholarship Committee. After the luncheon, a wood and bronze memorial plaque was placed at the entrance to the Library Court in the Law Library. The name of each recipient will be engraved on the plaque. , Cheryl is presently working on a project on attorney's fees for the Buffalo Law 'Review. She is also involved in research on differential taxation of coastal properties to preserve open space for Seagrant . Student Interest Grows in International Law by Dean Silvers We are under a great misconception. It should be obvious to any person with any iota of intelligence that the Union of South Africa has played a central role in bringing about the essential international doctrine of human rights, the United Nations' Universal Declaration of Human Rights, conceived in 1948. .Such was the remark spoken by H-G. Naraimha Swatny from India, presently a visiting scholar at the Yale Law School. Professor Swamy went on to elaborate this point, stating that, in 1946, when South Africa was before the General Assembly of the United Nations, in reference to their alleged discrimination against nationals from India, South Africa's representative Field-Marshal Smuts argued that such an issue should not be considered; it is not within the United Nations' jurisdiction and competence for there exists no clear declaration of Human Rights in the U.N. (1 [pt2) GAOR, Plenary 1006-61, 7-8 December 1946). Being made painfully aware of such a fact, subsequently work with the U.N. was accelerated to produce exactly such a declaration, and within two years the Universal Declaration of Human Rights was formulated and accepted in the U.N. and has since been recognized as the cornerstone document for human rights in the world. Such thoughts were part of a fascinating lecture-discussion led by Prof. Swamy in the International Protection of Human Rights seminar last week. I do not find myself comfortable when writing consecutive articles on the same general topic. However, my previous article on International Law elicited some response, which aroused my interest, and amidst my subsequent digging, with much LATKO printing & copy centers -resumes -fliers & posters -brochures We specialize in printing multi-page briefs. Serving Law School Serving Main Campus •. 3171 Main Street (near Winspear) Buffalo, N.Y. 14214 835-0101/0100 8 * 1676 Niagara Falls Blvd. (near Ridge Lea) Tonawanda, N.Y. 14150 834-7046 November 3, 1977Opinion thanks to Professor Leary, I feel that I have uncovered something substantial enough to require writing about. In my, previous article I had mentioned that. U.B. has practically ignored the field of International Law in recent years, which is a travesty in its own right. However, this was not the central point of my article, for I had no real idea of what student interest in Int. law was at U.8., and my superego, in the interest of being fair, talked my ego into not stressing that point However since that juncture, through discussion and response to my article and some research I have discovered that there is a real and substantial interest in Int. law at U.B. which is virtually ignored by the Law School. What is fascinating is that against such opposition, without firm backing from the administration or the career development office, students interested in International Law have had to go into the field virtually unarmed and unaided (note: however, Professor Leary has been helpful to these students). And considering these obstacles, their accomplishments have been quite remarkable. For example, two students were recently awarded internships in Human.Rights from the Ford Foundation. Dan -O'Donnell is presently working with the International Commission of Jurists, an outstanding lawyers group in the field of human rights in Geneva, Switzerland; Joseph Grasmich, presently a second year student, worked as an intern last summer with Survival International (London, England) arid the International Labor Office (Geneva) on the protection of indigenuous peoples. Furthermore, every summer for a riumber of years U.B. has sent students to the Strasbourg Institute of Human Rights in Strasbourg; France. Last summer, Martin Feinrider, a third year student, was one of the few students (out of a group of 200 from all over the world) to be awarded a diploma by the Institute on the .basis of a competitive examination. Tom Carey, a third year student, has just published an article in the Association of Student International Law's International Law Journal on "Self-Determination in the Post-Colonial Era: The Case of Quebec," a paper which was originally prepared for the seminar on the" protection of Human Rights at U.B. Law School interest in human rights began with Professor Thomas Burgenthal, now at the University of Texas Law School, a foremost authority in human rights and international law. He is co-editor with Professor Louis Sohn of Harvard of The International Protection of Human Bights, an excellent "quasi" case book in this area. Presently the interest in International Human Rights is being continued by Professor Virginia Leary who teaches the previously mentioned seminar on human rights. Ms. Leary has just returned from an "International Symposium dn the Final Act'of Helsinki in the Light of the International.. Covenants on Human Rights," a UNESCO symposium organized by the Institute of State and Law of the Polish Academy of Sciences at the Strasbourg Institute on Human Rights. The meeting was held in Poland, and Ms. Leary, who gave the' opening presentation, was the only person from the U.S. among some 35 international law . professors and specialists ih human rights at the conference. She will soon be publishing a study on implementation of the Helsinki Agreement and is working on a book related to the International Labor Organization and human rights. The seminar on the Protection of Individual Human Rights itself is a refreshing and fascinating course. During the course of the semester the class has had the opportunity to discuss real issues of contemporary international law (i.e., the Quebec separatists, Uganda, South Africa, Jurdistan, the U.N.,, etc.) with outstanding and highly knowledgable figures in the field (i.e., representatives from the U.N., legal scholars from abroad, etc.) So with no strong background in this area, we see a rare case where the student interest and desires have been the impetys for the advancement of International Law at U.B. For those with additional questions, feel free to go to the International Law Society office on the sixth floor, Room 604. However, this is just a beginning step. The interest is obviously here, and now it is time for the law school to be cognizant of such an interest and potential for growth. We must urge the law school not to cut back the international law collection in the library, to establish career development objectives in the field of International law, to look towards the area of International law in the appointment of new law professors, and to promote a commitment and strong consideration to the area of international Law in general. The needs, accomplishments and the desires are evident, and now concomitant action must be received from the law school. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-11-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/3/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/abdf8959302f07fd60e24c55e3b6f71a.pdf 9d7ed0f30362f6db11e5bfcb7fdd1c46 PDF Text Text SBA Elections Third Year Turnout a Surprise A record 90 third-year students turned President finished out the race as follows: respectively. There were 18 write-ins, out for the second round of elections held Dwight Saunders received 51 votes, John Another third year directorship is now by the Student Bar Association this Batt 40, and David Alexander 24. The Vice-President's office had been vacated by Aviva Meridian earlier this sejnester. Gary De Waal, running unopposed for Second Year Director, won with 31 votes, though 25 "no" and write-in votes were also cast De Waal takes over the position The elections were held on October 12 resigned by Larry Cohen. and 13. In the only real race of this Joseph Rotella and Paul Lukin ran election, Brenda Bodenstein emerged as the unopposed for the two vacant Third-Year victor in the contest for SBA Vice posts created by the departures ofAlice President, receiving 98 out of the 216 votes Mann and Michael Tallon. Rotella and cast. The other candidates for Vice Lukin received 32 and 30 votes, semester. These fall elections have been necessary for the most part to fill vacancies in the SBA caused.by recent resignations of officers and directors, and by the resignation last spring of the then newly-elected SBA president Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18, Number 3 unfilled because of Bodenstein's election as, SBA Vice President It is not clear at this time whether or not the SBA will hold-yet another election this semester to fill that place. Four amendments to the SBA Constitution were approved by large voting margins: Amendment 1 won 167 to 15; Amendment II 144 to 35; Amendment 111 155 to 22; and Amendment IV 156 te 24. The texts of each of the four amendments and an explanation of each Continued on page six New V.P. Brenda Bodenstein - - - - Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 October 20,1977 State University of New York at Buffalo School of Law Phone-a-Thon a Success: Over Seven Thousand Raised by Tim Cashmore because of the state's recent "You must have the wrong number." "1 don't like what Nelson Rockefeller did to this state." "Everything out at that school is too'left-wing." These were among the reasons why some people contacted during the UB Law School Phone-a-Thon refused to donate £_________*_Began t° gather each*evening"shortly after 6:00. — "There were two important placement programs, library things about the students," he acquisitions and scholarships to said. "First, by their enthusiasm, attract promising students. Dean they let the alumni know of the Thomas Headrick will decide how school's real needs. Second, by to allocate the monies raised. their presence, they stimulated the alumni who were there." The hope was that these funds, Potential contributors were raised specifically for the law $25." In three nights of calling from told that their donations would be school, could provide some of the October 9to 11, '224 alumni who put toward three law school needs services that have been cut back had never donated to the law school before found they could Open Meeting afford a donation, and a total of $7381 in pledges was raised. This total represents more than has been raised by the phone-a-thons of any of ÜB's other schools. by Kirn Hunter Phone-a-Thon chairman Jay C. Carlisle was happy with the results 'This meeting was worth it even if only 5 people did show up. At of the fund-raising effort. "We raised more on Monday night than least 5 more people know more about what is going on' in the law they did in the football school," concluded SBA Secretary Andrew Cosentino, noting the poor turnout at an open meeting for law students held by the SBA at 3:30 phone-a-thon," he said. "I'm highly impressed by what pm in Room 209 on Monday, October 10. Nineteen people actually attended the meeting, but 14 of them the students did," he added. About 50 students volunteered were either present SBA members and officers, or candidates for the for at least one of the two-hour SBA elections held on October 12 and 13. The meeting was held to phoning sessions. Students clear the air about several SBA problems, to organize a lobbying effort made up the majority of the in Albany, to introduce the SBA candidates 'to students, and to allow volunteers, but faculty members students to present grievances or questions. Most of the discussion at the meeting centered on the financial like Prof. Jacob Hyman and alumni like former mayoral structure of the SBA and on its continuing feud with Sub-Board over candidate Les Foschio seemed to allocation and disbursement fees. (For those ofyou who are not aware have more success soliciting of the fact) Sub-Board I, Inc. is the UB student corporation headed by a board consisting of the undergraduate Student Association, the pledges. "It has to do with name Graduate Student Association, Millard Fillmore- College, the Dental recognition," said Carlisle. School Association, the Medical School Association and SBA. This "Alumni are more likely to summer, the majority of the Board decided to raise the disbursement respond to someone they know fees for some of the Sub-Board members. Last year, SBA paid $1,200 for Sub-Board's disbursing services, this year, the SBA was asked to than to a student." Still, Carlisle insisted that the pay $4,000. SBA initially refused to sign a disbursing agent contract students had played a vital part in for such a fee. SBA was not able to arrange for another disbursing agent in time to make this year's funds available to meet SBA's the Phone-a-Thon. money. such discouraging But responses were offset whenever an alumnus replied with something like, "Geez, I'm just starting up a practice and moneys kind of tight. But I guess I could afford Bill Lockwood of the UB the ..group that originated the Phone-a-Thon for the law school and six other university schools, kept a running total of the amount pledged. All monies raised will go to those programs, since there were no overhead or incurred costs in running the Phone-a-Thon. Since quite a number of alumni declined to pledge a specific amount, but said that they might send in a donation anyway, it is hoped that the eventual total will be well above the original $7300 Those who wanted dinner were given a cold sandwich and macaroni salad along with instructions on how to make calls. The telephoning started promptly at 7:00. The students approached their first calls with some timidity and stuttering over their prepared pitches, but as the night progressed and they became accustomed to their targets' responses, their security increased. Dean Headrick circulated ' pledged. Carlisle said that the project among those manning the 35 phones situated in a fourth-floor was so successful that something room in still-uncompleted Capen like it might be tried again,' Hall, answering questions of although he did not know exactly alumni that the volunteerscouldn t what would be involved. - SBA Explains, But There's No One to Listen , . . immediate needs, so a compromise agreement was worked out with Sub-Board. A new contract was drawn up in late September whereby the SBA would pay $3,000 in fees to Sub-Board on the condition that Sub-Board perform a cost-study analysis which could result in a lowering of the disbursing fee. The results of that study should be forthcoming within the next few weeks. Cosentino went on to explain the SBA's relationship with Sub-Board and what the future of that relationship may be. Continuing to remain Jn Sub-Board does not seem to be likely. 'The votes on the Board are allocated as follows:" Cosentino elaborated, 1, Medical 1, and "SA gets 5 votes, GSA 2 MFC 1, Dental SBA 1. Since SA and GSA usually vote together, they have control of the Board, usually at the expense of theother organizations." The alternative seems to be for the SBA to make firm plans to get a new disbursing agent. Unfortunately, the SBA is not large enough to sustain the costs of an outside disbursing agent on its own. However, both MFCand the Medical School have expressed an interest in uniting with the Law School to hire a new agent to disburse the funds of all three groups. With the aggregate budget of all three, paying a new disbursing agent would be feasible and probably cost less than Sub-Board's services. It remains to be seen whether such a plan will be carried out and, if it is, what Sub-BoardTresponse will be. Sub-Board performs another function that affects the law school. It provides a large number of student services such as the Pharmacy, Continued on page eight - - - - �The President's Comer Editorials RDeaoleyAC snbod are? improve things at all. You should Secretary, in general, for his fine keep in mind that the officers and work in reorganizing the SBA for directors of SBA are also law this year, setting up our new fought sixties, the students In students, and their time is as office, and, in particular, for The Opinion believes that faculty, students, and administrators j, hard for the right to have a say in should begin work on a new project: New and workable admissions, .the determination of policies valuable as your own. On their running the various elections and only so student meetings that we have criteria. It is uncertain exactly how Bakke will affect us. Regardless of // 'relating to their education. Today, own, they can accomplish that, this school is painfully in need ofa better admissions "T in large part, we have that" 'much. Student support is held this year. Unfortunately, highly visible and Approximately fourVfifths of each entering class are curtfewrtf,' right that our necessary to keep a strong student despite selected by the automatic admit computation. Essentially the process predecessors fought so hard to voice in law school policy. The thorough publicity, very few requires that an applicant's G.P.A. be multiplied by 200, i.e., 200x3.5 obtain. We have' equal recent rash of resignations among students attended the open @ 700, and then is added to his/her LSAT score. This total is then representation on virtually every SBA officers may be directly meeting sponsored by the SBA on 10th. As a compared to a prearranged number. Those above this number are faculty committee which attributed to the discouragement Monday, October result, the Board of Directors will admitted, those below, either rejected or wait-listed. formulates law school policy. We of SBA officers on this score. In any event, I would like to have to formulate important Perhaps it is admistratively convenient. But we should demand have regular and forceful that this "easy way" admissions policy be terminated. If we are to ■communication input to the law thank the students who spent ten policy affecting the entire student minutes to be interviewed for body without significant student believe in the'N'B<iffalo modef" law school, we must then seek but {scjhpql's administrators: students who are interested in innovative programs and ideas, and not it _iJj>e_rs that' 'positions' oh the various input I hope that students will attend 'now that we have these rights, the cbmmltteesl Their interest, and just "garden variety" legal education. The "Buffalo model" will not succeed in a school where people student body is taking them for the commitment of the SBA the SBA Halloween Happy Hour complain that New York Insurance Law is not being offered; or that granted. Whatever strength that Appointments Committee on Monday, October 31st, and the not enough "real" law school courses are being given because some we may have had is gradually members who spent an entire large party tentatively scheduled weekend interviewing applicants,' for mid-November. I hope that faculty member is experimenting with a new course. The faculty and melting away. attendance at open meetings is most commendable. administration have committed themselves to the "Buffalo model" in which will be scheduled in future a their Mission statement. The Mission statement seemed clear. What is the SBA Recently, sponsored On a brighter note, I would weeks will also improve. unclear, however, is whether they believe such a novel approach can meeting to inform students of the One final note the SBA has succeed with a traditional "garden variety " admissions procedure.. ;, nature of the* various like to praise the SBA Board of Opinion does not mean in any way to, deny that Admissions, faculty-student committees and to Directors, which has been able to moved from its old office in through the discretionary program, lhas attempted to Increase wie arrange for interviews for these move on an enormous number of Room 113 to a newly created number of minorities, women, and older students. However, the .positions. The response was so complex issues in the past few office (Room 101) directly across Opinion does believe that choosing applicants through a bi-furcated poor that I was forced to weeks. In particular, the First from the Moot Court Room. The should be new office is much larger and process, 80% on straight grades and 20% on a variety of other factors, postpone the interviews a full Year class is untenable in light of the school's objectives and goals. week. I attributed the poor complimented for choosing a should be manned six to eight The U.S. Parole Authority has recently adopted a new method for turnout to a lack of proper notice, group of highly motivated and hours a day beginning with Thursday, October 20th. Feel free assessing the parole risks of different offenders. The method is' known so that thereafter I posted no less extremely competent directors. as the Salient Factor Score, and tabulates, through a weighted point than twenty signs (including a big I would also like to tahnk to' drop by with a question, system, the potential risks of a particular offender, based upon certain poster that the Secretary placed in Andrew Cosentino, the SBA problem or just to talk. characteristics. We do not mean to imply that this is prison, but the hallway) and notices on each essentially the decision to admit a student is a risk. It is not just the first floor classroom blackboard Letter to the Editor risk that the student will fail to complete his/her legal education, but informing students where they the risk that the person, upon completion of law school, wilt not be might sign up for interviews. The able to function as a competent attorney. response was no better. To ensure that students admitted do desire to participate in an ..?„. ..v, ~-«~~5(j ~,„, „ \' o vii\iA3_i sAi vo ,tw_ »t\s n\o<.\\ K innovative law school, the following steps are proposed: ,1 have found' two pervasive J 1) That factors such as G.P.A.', LSAT's, prior work experience, attitudes which contribute to this impolicy 'Th'e"Assdcidtfoii>f Worherr Law Students be lack of interest. The first is the of meeting as a group on each Thursday for a brown bagluncheon in background, type of degree, other interesting experiences, etc assigned weighted values. "complain to the SBA" syndrome the First Floor Lounge from 11:30 a.m.-1:30 p.m. The first of these 2) That interviews be given to prospective applicants, once their and the second is "why bother meetings was well attended with discussion centering on the problems scores reach a certain level. since no one can change things of first year women law students. The consensus of the group was that 3) That based upon the interviews and scores, the law school anyway." After what has the meeting was of significant help to manyof the participants. select its class, by one uniform procedure and not two. happened, I tend to agree with Unfortunately, the next week witnessed a drastic drop in The Opinion believes that such a process is not only feasible, but those who hold the second view, attendance and attention. The meeting was so sparsely attended as to desirable. Costs, time, and convenience may all be cited as reasons why but only because your lack of be almost non-existent. In view of the number of women law students interviews cannot be done. However, the use of Alumni, faculty, and participation is making the SBA in this school and the existence of many important issues that concern students, could make this program easily workable. UB Medical School completely ineffective in its us as women law students, we hope that this apathy will not continue. is able to utilize this method; and interviews a fair proportion of initial dealings with the faculty and The A.W.L.S. is an association in transition. In order for it to applicants. administration. function as we would like, direct participation by all women law ..,Those of you who complain of students, whether Ist, 2nd or 3rd year students, is a most essential poor course offerings or your requirement. If would be in the best interest of all of us to encourage inability to register for any the growth of a strong A.W.L.S. at U.B. So once again, the invitation meaningful courses because of to attend the brown bag lunch is a cordial one. We hope to see many V The SBA is currently selecting those students who will sit on high social security number could students in attendance in the future. faculty-student committees this year. Opinion hopes that, prior to have changed the situation by appointment, the SBA clearly informs all applicants, that one of their becoming members of the Carol Gardner first duties as committee members will be that of liaison to the student Academic Program and Policy Beth Buckley body. which makes Committee, Margaret A. Bent In the past, the worth of these committees has been diminished by decisions on these matters. the lack of communication between committee members and the Those of you who complain student body. Without such interaction, these committees become about inadequate library OPINION small autonomous bodies, with little real student input; yet they still acquisitions could have done Vol. 18, No. 3 October 20,1977 decide sensitive school policies that greatly effect all. something about it by joining the Many, very serious academic policies, including the continuation Budget Program Review or Editors-in-Chief Kirn Hunter of the minority tutorial program, the re-evaluation of seminar credits, Library Committees. Simson .John Of course, its easier just to the possibility of a writing requirement (in place of the seminar Editors Becky Mitchell but that doesn't requirement), appropriate penalties for cheating and plagiarism, and complain Dean Silvers time requirements for re-admission after flunking out, were considered Photo Editor Chavis by the Academic Planning and Policy Committee (APPC) last year. ,5\1.... Ted Firetog Business Manager However, very few of these discussions and decisions were ever made known to the students. Staff: Bill Brooks, Mike Buskus, Tim Cashmore, Shirley Gorman, The result is very poor student representation on these Jim Paris, Sheryl Reich, Lawrence Ross, Michael Schwartz, Mike committees. Perhaps an additional requirement might also be that Shapiro, Dwight Wells, Jayne Zangtein. committee members address SBA meetings directly following their .Contributors: Jay C. Carlisle 11, Jeff Licker. Yale Kamisar will be the respective committee meetings. Students with ideas or grievances could '■-•■_ Copyright 1977, OPINION, SBA. Any republication of materials herein is Mitchell Lecturer this year, then address these people. strictly prohibited without the express written consent of the Editors. Euthanasia. He will Opinion is aware that an SBA member must he! on each speaking on OPINION is published every two weeks, except for vacations, during the committee, but even SBA members don't always have the greatest be in residence on November 8, 9 academic year. It is the student newspaper of the State- University of New attendance records for SBA meetings. Regular committee reports, oral and 10. The public lecture, York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. entitled "A Life Not (or no 14260. The views expressed in this paper are hot necessarily those of the and verbal, are a must. Editorial Board or Staff of OPINION. OPINION is a non-profit organization, To ensure communication, Opinion urges SBA to require, at the longer) Worth Living: Are we third class postage entered at Buffalo, N.Y. Editorial policy of OPINION is very least, that committee members file a summary of each meeting. deciding the issue without facing determined collectively by the Editorial Board. OPINION is funded by SBA on November 10 This should not pose too great a burden on those selected, as the it?" will be given from Student Law Fees. Composition: University Press at Buffalo, Sub-Board I, Inc. meetings are few and division of labor among members would only at 8:00 pm in the Moot Court Room of O'Brian Hall. require one or two summaries per student per semester. "Garden Variety" Admissions by Jeff Licker ' , - . Brown Bag Lunch < ' ... Open Dam on Information Flow "' - - Mitchell Lecturer Chosen October 20, 1977 Opinion 2 \ ■ , �Wy®, WM® W©M eff Y@m Gross-Examining for Dollars longer! You can blow him up or any other folks nearby that you don't like all The Florida TV case sounds an ominous that much, like the old lady down the note for viewers all across the land. Not street who stiffed you last Halloween. only is Kojak a bad program, but it is also a Then you can cart away, the remains poor defense for murder. The Court, without a trace being left behind." however, did leave open the. question of (Uranium not Included) whether a viewer may murder his/her set due to the quality of programming, or even The TV doctrine intimates that other whether a viewer may murder thenetwork defenses may also fall. A doctor's defense executives who allow such garbage to be to malpractice might be that: "Marcus shown on theair. Welby did the same thing last week on Perhaps the TV defense was too TV." This sort of thing may now be imaginative. Obviously, seeing is not ineffective. NOTE: But can the doctor believing) at least in the State of Florida. indemnify the show's,,writers? Surety, a. Prosecution attorneys feared that once TV show of such | high repute would not air', became a valid defense, books would not anything other;than the finest and most be far behind. Although these same current medical practices. However, unless attorneys were prepared to distinguish the the practitioner in question also is a family "Public Library" defense from the "TV" M.D. doing brain surgery one week and defense on the grounds that, since pictures ephemeral hernias the next, Marcus Welby, are worth 1000 words and a TV program is M.D. will undoubtedly be distinguished. However, it should be noted that the comprised of approximately 1000 pictures per minute for every minute of TV Burbank Family Court did allow a defense watching, a person would have to read a of Terminal Archie Bunker in a divorce million words, or approximately 180,000 proceeding. The Judge further ruled, that pages per hourper program (subtracting IS "meathead" did not meet ~, „ ~. minutes of commercial time) (per per??]. "fighting words" test. This subtraction of commercial time is But perhaps the most disastrous part of in no way meant to suggest that the Florida "TV" trial was the TV coverage commercials are unrelated to TV violence. itself. Florida's Supreme Court has ordered Insecticide commercials are among the TV coverage in Florida courtrooms for a most violent blasting poor defenseless one year trial period. Ronnie Zamorra's roaches with nuclear sprays. (Speaking of case presented the problems that will be nuclear, the Ideal Toy Co. has just typical when TV is in all courtrooms announced plans to market a "nuclear toy everywhere. jury First, selection has been carrier" for kids aged three and up. Can "The TV made me do it." you imagine the advertising campaign for complicated. Unemployed actors andactresses are no longer standing on Equity this wonderful idea? teacher to cover it up. The public loves lines, but are trying to get into the jury defense?" uj 3io_ <■" .:uu,/,iiji cover-ups!"-' thespians Furthermore, once these have "Create mushroom clouds in your pool. Since there are, as yet no casting been selected, thelf ptrtftfWartceS b*cbrW6' i 1 "Bi)i ihe pdor kid will be m murderer. tt is rumored that room, the den, or the backyard! Then you directors Wanly:::"" '- "^ r" r wnryT^-w The "true can usei)iouro.wn sofe.ty.jruck tqfart the yoimg, hopefuls. (lave offered imperative if f*«Wo* V fasti DurfnghV''trial, the of thelf 'dev'elopmehf "ju'roj-'rs attorneys to ensure their selection. debrisaway, ■ ■ ..* only because Norman Lear may be ex-lover of the teacher confesses to the "Has a neighbor's dog been licking your Callowed old jurors have been known to watching "Day in Court" tomorrow. Often murder, and the paper clips charge is all face and knocking you down on your way remark, to budding youngsters: "Who did the first day is slow and quiet. But thafs-left." ■•. the D.A. or home from school? Well, don't stand for it you have to sleep with "Well, I'm not so sure Igo along with it generally, things pick up as the case if unfolds, and the jurors are usually growling "Look, it means a murder trial, right? at the attorneys: "That was a pretty poor cross ..." "Hamilton Berger could've won And you know the Equity pay scale $ 1000per day per trial for murder or other this 0ne..." These, however, are only a few of the A felonies; $500per B Felony; $100 for all problems. Television commentators, loving other felonies; $25 per misdemeanors. Now » the ordeal of trial by analysis, would have a whaddaya say? " by S.R. "Well, OK." field day: "Hello, everybody! This is Judge •.: .•,i• '-:.. ■ •■.. .•• .-. ■■..-• IT.. .t.nv; v'Clement Haynsworth, and tonight on There_ are likely to be. other small Domestic and International Relations „ jgnhoffc Cete'brity Trials we're at jrr chkhgeV as! ;: ,; ; ..' n'*i&J'i Supreme' Court, Special Term, where Guest •/■.:.■ -. '■:■ .■.,".-< '-.; '."•by well-known commentators: This is We were unfortunately, not able to make it to the Statfer in time for the PLI Judge Nipsey Russell will hold a bail cases Cosell, speaking of Torts, and Howard some of the attorneys Conference on "Family Law for the Practitioner," but we did meet reduction hearing on reputed Mafia today we have a big one for you. In just 25 who attended it later that evening. One of them gave us the materials from the workshop hitman, Sergio Rari. Arguing for the nation's finest forayers on "Creative Divorce." What follows is a list of "Divorce Grounds From Surveyed reduction will be ABC's Irv Weinstein: for minutes, two of the will be squaring off in the Federal Building. weatherperson Barry Jurisdictions": the prosecution On offense, Melvin Belli, and on defense, Lillis. We will also be traveling via satellite Leon Jaworski. Belli will be using the Per Mah Jong Divorce Husband has three different suits, can't get a pair, discards wife to Morocco where guest Judge that made him the giant arguments Diem on thirdround. will sentence two young American that he is. Jaworski will counter with an all '■■"• rl! Palsgraff Divorce Plead miscalculation of risk involved. yiKTcM! sJbu ootheads to thirty-years'at hard laboY." ..new. zone defense based on .the "KaU" j lll ,i; ,l Remove spouse's excess \fottorn ij),,w.ater, ,fcf Rooting Divorce ly-;! ratjonaie.,l|t .should, bequite: a battle," ,' ' TV' iawV*ring #ill'-''becb'me weeks. Opposite of a migratory divorce. vu'J' grtirtioj -d1 !'tutte fftdusfty. Instead of law clerks'.'firms- ; ,|; As,we await the start of today's match, ~-,,•.■•; Henny Youngman Divorce "Take my wife, please r ,•-•".•!,, ' tfirf hire P.RL'people'aridmake-uppe'rsbnsNr\a word,from our sponsor." Artichoke Divorce Has to be appealed and appealed. " A- major question unanswered by the around white collar, Ringvaround Male Order Divorce Used to be "Enoch Arden" divorce. Attend workshop on Florida Court is whether or hot the players \ "Ring White collar. Are you embezzling, creating 1 "Support." in a particular case will coUetLtesiduals if slush funds, using bank funds to gain Defendant sure loquitor. parties appear. Make Tort Divorce Wife pleads\/-es ipsa trials are re-run at a later date. Advertisers, personal favors? Well, the Justice may plead caveat emptor in defense, but no bar if last clear chance. of course, will want a rating gauge to make Department thinks you ought to know "Restatement of Contracts, Second" Divorce S 45 Reliance. these payments, and shortly Nielsen's will aboui Wisk. With new Wisk, there's noGreasy hair, particularly in bed. "Seventy-Seven Sunset Strip" Divorce have to post the week's Top Twenty Trials. dirty Ving, and white collar criminals are "Hawaii Five-O" Divorce Surfs excessively. The power of advertising will also mean seconds!" Week-Old Milk Divorce Gone sour. slight changes in the scripts of the trials. "WeltonTß back. Now it's time for the "It's Never Fair Weather." " Buffalo Divorce Something like the following: toss of tire coin. And it looks like Jaworski Polish Divorce "The court will contact you." will receivV Here for the play-by-play is the ceremony." cold soon after Yeti Divorce "He got only charged he's the voice of the New York Legal Aiders look, "Now realize I Chameleon Divorce Spouse changed colors soon after the marriage. Abettors, Mcl Allen, Esq from and stealing paper clips with a box of " Tax Divorce They didn't "realize" what they were doing. "Any other rebroadcast or play-by-play it. It's not public buy school, but the won't CIA Divorce He's always undercover. American! It's got to be bigger. Since he's of this trial without permission of the Christian Barnard Divorce One spouse has no heart. 11, Skippy Peanut Butter and Bumble Bee American Bar Association or Lockjaw law.) Panama Canal Divorce (Constructive abandonment under present are willingto put up a lot ofmoney. Handcuffs is prohibited. Remember to stay Tuna Italian Divorce One spouse has "Roman" eyes. way I sdeft, we charge him with tuned for Cross Examining for Dollars, blanks. Ths Times Crossword Puzzle Divorce Too many f stealing the paper \lips and murdering the next!" Religious Divorc* One party thinks it's Sodom and Gomorrah by any John Simson i — ., .• . r charactel-,^ ' - " - - Here at the Western New Yorker . . .. . • ........ . - .. • .. ' — - - — ■ \ - - - — - - - - - - ' . .' _ 'fm^ - . ; - - - - - - - Opinion October 20, 1977 3 �First Year Sections: All Rumors About Schlegel True 1 by Jayne Zanglein Many rumors have been circulating regarding the three sections of the first year class. As Al Katz said in his opening comments to section three, "One third of all rumors are true, one third are false, and all the rumors about Schlegel are true." Rumors concerning sections one and two aren't as prevalent as section three rumors. Section one is reputed to be "much tougher, an uncomfortable atmosphere, and people dread being called on in class." Rumor has it that section two has a football team! According to a section two-er, "Section three sounds interesting and the people in that section seem.' to be more friendly, unpressured, and pleasant than those from section one and section two." Other hearsay included: "Section three doesn't hays a much work and they have a and "ft Sounds like secttfiß; three people _f| having more fun." And what ao section r Prof. Jacob Hymao , three-ers say -about the others? "They're not as friendly as our They're section. more competitive." . We all know you shouldn't believe rumors. How true are they? Do the professors really "make" the section? Section one's professors range from Allen, "THE Law Professor" to Breger, "the hilariously funny Texan who speaks without a drawf"; aw :**looks like an altar boy." McCarty was described as a "caged lion, full of nervous energy." Bell is an orderly, congenial man whose theory is that section one is the best, because ever since first grade the students have been arranged in alphabetical order, so they haven't been able to sit in the back of the class and "get dumb." (I don't like that theory, Bell!) Section two people have much praise for Laufer and Hyman who both were described as "fine people with a genuine concern for the student" King goes off on tangents and Priest was described in verse: "Contract's his middle name and torture's his game." Now, on to the infamous section three. Katz was consistently described as dynamic, cynical and super-intelligent (and very sexy to the females of the class!). Debates arose as to whether his favorite comedian is Steve Martin or George Carlin. The students of this section were puzzled as to why "au naturel" Lindgren didn't become a "starving Bohemian artist" instead of a Torts professor. They wondered if she's a "frustrated modern dance performer" since at times she puts her leg up on the table and seems to go through dance exercises. "An all around nice guy," said one student about Konefsky. The man sitting next to Jhirh was looking at Konefsky's photograph in the last Opinion issue and added, "But he looks like a latent wife beater!" And that brings us to Schlegel who is "beyond belief." The second question I asked the first year students was: "Do your professors have any peculiarities?" Schlegel has ihe most. One woman answered, "The way he laughs to himself and no one else knows what the hell he's laughing about" is peculiar. Other frequently mentioned peculiarities were: the way he writes on the bricks and his two most common phrases, "What's the plaintiff's problem?" and "Blah, blah, blah." Breger's? favorite phrase is 'That's a *ety_subtle; argumen.t." Priest* teaches ItaritHngon one leg. classmates agreed thattheir fellow students are hard to get to know. The same was true in section two. "Most are friendly, willing to talk or listen, if prodded." Every person in section three I sopke to emphatically agreed that their classmates are friendly. They are friendly "for sure. We may work our butts off but we have a good time doing it." Section one complained of "no having too much work time for any social life or time for yourself." Patrisha Armstrong of section two has "just enough (work) to ruin a beautiful Prof. Janet "au nautural" Lindgren weekend:" And sectfoh three's three has made the adjustment to you can say anything to the amount of work is just right for Law School much easier than it professors and you don't have to the majority (except for the would have been otherwise. The worry about your comments make-up classes). professors who teach that section being reflected in your grades." Section two was the only have made a deliberate effort to The opinion that there is not as section in which I found strong dispel the Paper Chase myth. much pressure as was expected evidence of competition. "There They try and show the was voiced by numerous students. No matter which section you is an extraordinary amount of overlapping relationships between are in, law school is hard work. It 'silent competition." It takes the different areas of law." Rena Riback believes that "a also has a strange effect on certain many forms: Who can raise their hand the mosVwhether or not the large degree of why I feel people. As Dwight Saunders (I cpmment is insightful or germane comfortable here is because it's have to put up with sitting next to (at times it'wesn't even matter; not competitive and that's largely him every day for the semester) ego building is maintained by just because of the section (3) I'm in." wrote: "I th oUGht it Mi GHt thinks the dcS troY mY Mind but I WaS Wr hearing yourself talk); the Edward Sinker common question, "How far atmosphere is "comfortable 'cause oNg. ahead are you in Torts... did you do Civil Pro. yet?; and who is in the library the longest." Dwight Saunders of section three replied, "There's a feeling that we're all in it together." The Student Bar Association will be sponsoring a Halloween Happy Section three seemed to be the Hour on October 31. Be sure to watch for signs and omens as to the most comfortable with their exact time and location. If we all have a good time, we are bound to professors. Although some feel see the Great Pumpkin! [Whether he's there or not!!] intimidated by their professors' (and others "suspiciously" involuntarily volunteer "td~*~oe publicly humiliated in class by Ann Bermingham provided some writing articles challenging insight on Bell. "1 like the professors like Mr. Shapiro did), it priorities he puts on his class. He was unanimous that they would started out the class by telling us feel free to discuss any problem we should organize a car pool to a with the professors. Sections two Blue Grass Concert. Another very and one said it "depends on the by Dwight Wells important announcement was professor and the problem." My final question on the about planning a football team. The bulletin boards at the law school seem covered with Our most lively class discussion in census was, "How is law school as announcements ranging-frofn offers of apartments for rent to details Torts was about who is getting compared to what you on the beginning of the Moot Court Competition. Buried among all expected?" Answers varied from this information was a sheet with an invitation to a meeting of the YD from whom." Prison Task Force on it. In_rder to satisfy my curiousity as to what a "Prison Task Force" is, I attended its first meeting in early September. I found myself in the midst of a small group of law students, discussing possible ways that we might become involved in prison work. Mr. Segal, staff attorney for Prisoners' Legal Assistance, spoke to us about programs and projects that he thought would be helpful to prisoners and that would also provide us with a learning experience. The meeting was called by Alice Mann, Hillary Exter, and Jerry Paun, all of whom worked with Prisoners' Legal Services during the summer of 1977. Initially the discussion centered around Attica, but, as the meeting progressed, the emphasis shifted to the Erie County Holding Center. Recently, a second session was held at which the same small group of students was present. We had invited DottieTeryl, a lawyer with the ACLU who is active with the Erie County Holding Center, to attend. Clarence Torrey from BUILD, the Buffalo community organization, was also there.Ms. Teryl reviewed with us the areas where she felt that law students could assist in providing legal services to inmates at the holding center. Her discussion wa& extremely interesting and informative. There was some interest/in having'her speak to the law . T school at large. Prof. McCarty the "caged lion" Why a Prison Task Force? As law students, many of us are undecided as to the kind of law we will practice when we complete our The general consensus was that "100% better" to "I do not like formal education. Because of this, there is a need for every student to most people like their section but law school," and "I didn't know take advantage of every opportunity to become familiar with all all seem to agree that they have I'd be in a fog constantly." One aspects of the law. Many are considering Moot Court, law school nothing with which to compare it. woman answered, 'There must be committees, and other activities, so why not consider the Prison Task A section one student, when easier, more logical methods than Force? The range and types of activities are many. They include; asked if his classmates were the Socratic. Maybe I do want to writing letters to inmates at Attica, working to design and implement a friendly said, "Most classmates are be spoon fed. I would say as a research and writing course at a selected institution, and working unfriendly. There are regional form of criticism, our teachers directly with inmates at the holding center. The Prison Task Force would like to see more involvement of bands: W.N.Yers, S.N.Yers, etc. aren't coordinated in a team as students in their program, and is asking for greater participation. If Getting friendly means spending much as others are." Mindy Spector retorts: "I you are interested, please contact Alice at 877-2675, Hillary at time and that means time away from studying." A few of his think the theory behind section 835-7486, or Jerry at 833-3562. " - October 20, 1977Opinion 4 ... Prison Task Force Needs Students - �Commentary UB Student's Right to Aid Upheld by Supreme Court by Mike Buskus In June of this year the United States Supreme Court upheld a challenge by a resident-alien student of SUNYAB to the constitutionality of a provision of New York's Education Law. 5661(3) of New York Education Law prohibits financial aid to resident-aliens who have not evinced an intent to become American citizens. The case of Nyquist v. Mauclet, S3 L.Ed.-d 63 (1977), invalidated New York's statutory bar against aid to students with a resident-alien status. The case arose when Jean-Marie Mauclet was denied financial aid for his graduate studies at SUNYAB. Mauclet, a French citizen who is married to an American citizen, has resided in the United States since 1969. He has indicated an intent to maintain a permanent resident-alien status here. When Mauclet applied for financial assistance, his application was summarily rejected. Financial aid officials of the state cited Education Law 5661(3), which states: "Citizenship. An applicant (a) must he a citizen of the United States, or (b) must have made application to become a citizen, or (c) if not qualified for citizenship, must submit a statement affirming intent to apply for United States citizenship as soon as he has the qualifications, and must apply as soon as eligible for citizenship, or (d) must be an individual of a class of refugees paroled by the attorney general of the United States under his parole authority pertaining to the admission of aliens to the United States." [This provision was numbered 5602(2) at the time the complaint was filed. Clause "d" was added after the suit was filed. The other appellee to the suit, also a resident-alien, was denied financial aid under similar circumstances. Alan Rabinovitch, a Canadian citizen, had taken the Regents Qualifying Examination and met the normal requirements to receive an undergraduate scholarship, which he intended to use to defray the costs of his education at Brooklyn College. Subsequent to his notification of eligibility for the scholarship, his award was revoked. State officials cited the pertinent provision of NEW YORK EDUCATION LAW and the fact that appellee was a Canadian citizen. Rabinovitch also intended to apply for student loans, but when he was told that he was ineligible he did not submit an Education of New York and the various corpora ted entities of the state which administer the financial aid system, made several contentions against appellees. First, they argued, appellee Rabinovitch lacked standing to challenge state policies regarding the granting of student loans. They argued that since he had technically not been denied a loan, his contention lacked the concrete adverseness necessary for an adjudication of the question. Appellants' alternate argument their main contention suggested that evert if appellants were part of a class of resident-aliens, that class qua class was not discriminated against because there was ah aid exception granted forepersons in that class indicating an intent to apply tor ,U.£. citizenship. Finally, counsel for appellants argued that even if the Supreme Court were to find appellees as a class were affected by the policies of the State, only the "rational relationship" test, and not the more stringent "strict scrutiny" standard should apply in evaluating the system of aid administered by theState of New York. The Supreme Court, in an opinion by Blackmun, began its analysis With the observation that State-formulated classifications based on status as aliens are "inherently suspect and subject to close judicial scrutiny." The Court cited Graham v. Richardson, 403 U.S. 365 (1971), for the proposition that such a classification <no less so than a grouping based on sex or race would actuate the Fourteenth Amendment's higher tier of "strict' — — : The Court dismissed the appellants' other argument that the purpose of the restriction was to promote the enhancement of the educational level of the electorate. Finding that such a contentipn was too borad, Blackmun referred to the case of In Ifie Griffiths, 37 citizens. Finally, Rehnquist justified the State restriction by contending that since it would probably be easier to collect defaulted loans from citizens than from aliens, such a "permissible legislative judgment" justified the classification scheme. denied a right to practice law, notwithstanding similar srguments offered there suggesting that practice of law be restricted to citizens. Finally, the Court advanced its "limiting principle problem" reasoning, concluding that ','[i]f the encouragement of nafjufal izatiorj through programs wereas adequate, then every discrimination against aliens could be similarly justified, "53 L.Ed.2d 63, 72. The Blackmun opinion was joined by Brennan, White, Marshall and Stevens.^ Chief Justice Burger dissented4rerrn the Court's holdings. Adopting an economic investment analysis, Burger claimed that ANALYSIS: As the dissenting opinions point out, the question of fairly allocating limited funds for financial aid is a vexing one. Clearly the state has an interest in making certain that persons in need of the funds are recipients of those monies. The denial of benefits to some applicants deemed "less in need" is an obvious consequenceof any program that attempts to structure the level of funding so as to actually provide tangible and substantial benefit to the recipients of that aid. What then, is the justification behind denying aid on the basis of citizenship if financial need is the underlying premise for the aid? Clearly, the State of New York L.Ed.id 9loljh, that case the Supreme; Court recognized thataliens were not to be — scrutiny" equal protection analysis. Blackmun then articulated the "strict" standard that would have to be met by such a state classificatory scheme. The state interest would have to be both legitimate and substantial, and close consideration would be given to whether the means adopted to further the desired goal were both necessary and precisely drawn. Blackmun then cited Examining Board v. Flores de Otero, 49 L.Ed.2d 65 (1976), for the proposition that "aliens as a class are a prime example of a 'discrete and insular' minority... for whom heightened judicial solicitude is appropriate, Id., at 85. Blackmun then noted that New York's prohibitory statute was unlike that approved in Matthews v. Dj/a ,'V26 U.S. 67 application. Both students brought suit in Federal (1976). There, a lesser standard of scrutiny District Court Mauclet brought suit in the was appropriate because the federal Western District of New York. Rabinovitch government only postponed alien filed his complaint in the Eastern District participation in a federal medical insurance of New York. The cases were consolidated program until a durational residency period was fulfilled. In contrast, NEW YORK and heard before a three judge court. After the filing of briefs and oral EDUCATION LAW 5661(3) flatly' arguments, the Federal District Court prohibits aliens from receiving funds. rendered a decision in favor of petitioners Blackmun reiterated the doctrine expressed Mauclet and Rabinovitch. The Court in Matthews that the federal government declared that the New York statutory but not any state has plenary powers to provision violated the Equal Protection regulate immigration and naturalization. The Court then rejected appellants' Clasue of the Fourteenth Amendment, 406 F.Supp. 1233 (WDNY and EDNY 1976). argument that not all aliens were The suit reached the Supreme Court on deleteriously affected by the statute. Blackmun conceded that while not all direct appeal. The ratio decidendi of the district aliens were denied financial aid, only aliens court's holding was that New York's were denied financial assistance. He added citizenship requirement discriminated that "[t] he fact that the statute is not an unfairly against the class ofresident-aliens. absolute bar does not mean that it does not Before the Supreme Court appellee discriminate against the class," 53 1..Ed.2d Mauclet, represented by Michael Davidson, 63,71. Blackmun then assessed the validity vel renewed his contentions that New York's financial aid policies unfairly discriminated non of New York's proffered justifications against resident-aliens notwithstanding the for j'ts classificatory scheme. Appellants fact that appellee Mauclet technically had argued that by limiting aid to citizens could have received aid if he had applied the program offered an incentive for aliens for U.S. citizenship. However, a condition to become naturalized citizens. Blackmun to obtaining American citizenship would flatly rejected that goal of promoting "a have been the renunciation of his native degree of national affinity," finding that French citizenship, a condition Mauclet I legislative power for immigration and would not assent to. i naturalization was exclusively federal, not Appellants, the Commissioner of i concurrent ' . < — , • - ~. 7, "Disquiet _._v_ ;„ .in _.the Citadel' Moto'bVMlkiJ'ihapirb ...*.. jcisions of the Court the only pric. protecting rights of aliens were in the area of protecting their economic survival. He cited Yick Wo v. Hopkins, 118 U.S. 356, as an example. There, a discriminatorily enforced statute precluded Chinese persons from operating laundries in San Francisco. Burger justified New York's statutory scheme by contending that rather than "depriving] aliens of the essential means [it has] of economic survival pursuant to [the state's] broad power to chosen to •regulate its education system provide some types of individuals those it considers most likely to provide a long-range return to the local and national community certain added benefits..., "53 L.Ed.2d 63, 73. In a seperate dissent by Powell (joined by Burger and Stewart), the argument was advanced that the class of aliensperse was not discriminated against, but only those who preferred to retain foreign citizenship. Powell concluded that such a distinction was a "rational one." Rehnquist, in a separate dissent, focused his analysis on the fact that the aliens could voluntarily withdraw from the disfavored class in the instant case by indicating intent to become naturalized ... ... — - . had no legitimate answer to that question. The State's contention that the purpose of the provision was to encourage aliens to become naturalized was undercut by the fact that the pertinent section of the statute was amended to include aid for paroled refugees, without regard to intent to apply for citizenship (see 5661 (3)(d). With the Nyquist decision, at least a majority of the Court has indicated that they will not tolerate discrimination against disadvantaged groups under the guise of mere "classification" absent a showing that the State interest is legitimate, compelling and necessary, with an appropriately narrowly drawn statute. It is hoped that the Burger type of analysis with its resort to economic analysis ("long range return to the local and national community") will not permeate the Supreme Court's consideration of what must be viewed as a fundamental personal liberty: the right to obtain an education irrespective of citizenship. For to offer an opportunity of an education without also providing the financial assistance to complete that education is to extend a mere evanescent houc to aliens which might never materialize. - — — — Opinion October 20, 1977 5 �.. The Nebulous Q Part I - A History of the System . tveh "a "3) A student's overall average is a product of several suited to their purposes. stands, variables which are not accounted for, including the type knows where he roughly if student particular group of V Of all the mysteries and uncertainties confronting a there is no official number.to substantiate his claim. The of elective "taken, the abilities of a and the individual grades professor's examine the students a course in might given then to opt first-year student, perhaps the most unsettling is the employer question of how one's work will be evaluated. Initial themselves, which may only further frustrate him. The notion of what constitutes a proper grade distribution." The Committee considered quartile ranking, but objections usually address the so-called "one shot" method employer is left with two alternatives: rely more heavily of testing, a device where students have little idea of how on other factors or discontinue consideration of the eventually rejected the concept since the desire was to move away from drawing distinctions. It was also noted they are doing until the course has come to a close. Most applicant This is not to suggest that Buffalo graduates have that H and Q grades did not really lend themselves to have grown accustomed to having a test or two in the course of the semester by which they: can estimate their, found it impossible to acquire good positions outside the quartile division. Eventually, three grades were promulgated by the progress, and then, if necessary, increase their efforts. The Western New York, area because of the H/Q system. There system Honors, Qualified, and Unsatisfactory. The works to the Committee: to whether the a"question'as doesn't" allow such in-co'Urse ft one-shot technique for equal to a 78 or better. incremental adjustments. Anxiety over the new material student's advantage. Probably, it works to the advantage of Honors grade was for work and mode of study rises unabated, peaking at exam time. some and to the detriment of others. By the time students Qualified was defined as "satisfactory work," and The question, "How will I do?" is on everyone's mind. come to criticize the system, the issue is virtually moot, Unsatisfactory was for work below a 68. Also, an "Honors with High Distinction" was to be awarded for truly since no reform will change their grades. And most have prepared themselves for the worst. What is the grading system supposed to accomplish? outstanding work. This was not to be a grade category, but The question of performance should be on most people's minds. Grades mean a great deal. Moreover, most, Man y students feel that, in effect, it takes the pressure off, merely "recognition for outstanding performance." These zero to ten, would have the fnembers of the class have dorre Very well in theirprevious "' particularly in the final jwp years. Some have suggested grades, if placed on a scale ofQ1.5, UO. Defined in letter studies* and have grown to expect supendf wSrk" from tn'JtHl taxestoo mucrTpreTsure off and doesn't give people following values: H*7, H4, cover from A-plus to spectrum the would the work; H grades, very best When devised in themselves. Yet, the realization is present that, at the end the incentive to do their of the year, some people will be at the top of the classand 1969,- the H/Q system was seen as a device to attenuate B-plus, and Q wouldrange from B to C-minus. Two modifications have been made to this system. some at the bottom. destructive competition. Prior to that year, the school had Or will they? Unlike most law schools, no one at a numerical grading system, with average grades ranging First, the U grade has been divided into D and F. Second, Buffalo is discretely ranked. The school maintains no from 68 thru 78. Impetus for changing the system arose the Honors with Distinction has become a grade category official ranking system. Granted, it is easy enough to from the students themselves, who felt that the and is now indicated on the student's transcript. Numerous discern who is in the highest echelon, but where is the hair-splittiflg distinctions made by that system were other proposals for further elaboration of the'system have bottom? The middle? Where within those ranges do unimportant and unfair. "Numerical Grading," wrote the been madeNjn the past few years. Attention has been specific individuals place? The farther away from the top Grading Committee, "is at best a generalized focused on diVWjng the Q into two separate categories. oWeige«s/thfefogglef'tHlnKS'beeomelJ isltiH y_lq bluow sri commendation of condemnation of student ability." These 1 ; This would presumably give recognition to the better-than mil cto-ktng 'Criticisms, irVturri;'were irivariably tied to the marking average studentwho does solid B work, but rarely manages this irnpreWsfdrfi tfesplte'trte ifattNhaPWHs?- :>fsystemf'whlcH'the CornmYtfee felt "misled employers." In to earn an H grade. These proposals would create a Q-plus source of more confusion. Psychologically, the amorphous order to obviate the problem, grading information was to or Highly-Qualified grade, spanning the range of marks Q, while undistinguished, is a better alternative than the be no more specific than it need be. For instance, the gap from C-plus thru B. While no Q-plus has emerged, the Q* much feared "C" grade. A Q simply means that one did between the 30th ranked person and ranked has. The asterisk indicated that a favorable letter has been not distinguish himself, but nevertheless did perform ably. person was numerically insignificant. A few tenths of a filed on the student's behalf by the professor. Technically, Such ignorance is bliss, however, for only a short span point was all that separated the two. Yet, the employer the notation could be added to a D or an F grade, in order of time. Students who do well on their exams, but not well invariably gave greater consideration to the person with to indicate that the paper was a notch better than your enough to penetrate the "H" range, feel that nothing the higher rank. average D or F paper. If by this time you feel confused, don't be alarmed. distinguishes them from the "below-average" student who The Grading Committee laid down several is earning Q grades as well. Others feel insecure over Where assumptions and observations. The most prominent were: No one really does understand the system. And primarily they stand in relation to other students. The question of 1) Ranking and numerical grading have an adverse because of the many unproductivefdisputes arising from rank is not simply an academic one by junior year, a effect on academic affairs and can be justified only upon attempts to change the grading scheme, few are willing to tackle it again. But the question of the practical aspects of student has interviewed with a number of firms and the the strongest showing of need. matter has arisen several times. The grading system tends shall •*• "2)-It is not clear that grading distinctions are the grading system st,ill stands, a question whjich\ 6 to be not easMy„qnderstoiod 1 or.;meaßingj|#*iiwq? iyiiao m&u&ti'Vfl th<| secontf paVt oYth'ts' ffl&W* ,by Jim Paris , . . r' — j<.o, Surprise Turnout Continued from page one are set out below as provided by the SBA. I Add to Article 11, Section 3, a new paragraph 5 to read: "Should there be a tie vote such that there is a-need for a run-off in the elections for First, Second or Third Year Directors, then all of those individuals not elected who shall have received a inußibWhOf votes sufticieatttq place them jn ; ... ... ••■ Constitution was discovered to be the provisions (or lack thereof) for reorganization of the SBA upon the election of a new President to fill a vacancy , — — - 6 October 20, 1977 Opinion "- VIDEOTAPE LECTTJRES^"^ considering that those in their final year are usually noted for their preoccupation with job hunting and general lack of ihterest in the law school. The popularity in that office. This amendment resolves of the third-year candidate for the Vice by extending that problem the Presidency, the interest of third-year appointment power held by Presidents students in'having a third-year student as elected in the regular spring elections to all one of the SBA officers, and pure 'luck' Presidents''elected))at other times, to fill have-been offered as explanations for the numbjer ;> vacancies. The ; qualification is that, the ph&hdmenorl. ;As yet| me "mystery' of •ofovote* for-Pt/ieetoMn their; class •shaH,,.;: Board' may (..Vote, i to. delay: such ii new participation has not been solved. participate in a run-off to take place more appointments to' allow existing committees H ■-!:•■ h ■■■ mt ■. •■fiitu'k .'.in: ■'• ■'.-■,' bi than 12 class days after the original time to finish up work on current projects. election, to fill the last available positions 111 Strike Article V, Section 1, among Directors for that class." Paragraph 3 from the Constitution and Explanation: At present time, there is no renumber the remaining paragraphs. provision for run-offs should they be IV Strike Article V, Section 1, necessary in Director elections. This fills Paragraph 6 of the Constitution, and by Jay C. Carlisle, II that gap. combine the duties of this committee with Insert in Article IV, Section 2, those of the committee in Article1 V, II Alumni activities for U.B. Law School f>ar.agr,aphi .1, Clause 2, after the. .word,. Section 1>;Paragraph 5. _ois r>E <iau.- ni c, graduates, have dramatically expanded Explanation* <of>m and r-IVr<.\\)f The 5 within thei past two 1 years and rJresently ''Offiicers/'ivthe :. "However, no individuals appointed by the standing poricy'W the SBA is to appoint include' formation of alumni chapters in President shall in any case serve in thejr members to a -limited number of New York City, Washington, D.C. and respective positions beyond the term in committees, so that everyone will attend California. •■ office' of the President who appointed the various committee meetings. However, The New York City alumni chapter held them, and the newly elected President shall the Election Committee only functions for a series of luncheons and receptions last be free to make new appointments to each a limited time, so that it "wastes the time year, including a well-attended luncheon at of the aforesaid positions, except that the of the members appointed to it as a the annual State Bar meeting in New York Board of Directors may, by a majority of standing committee. Therefore the City, a St. Patrick's Day "Keg" party at an those present and voting, determine that Constitution will be amended to eliminate east side pub and a special luncheon at new the Elections Committee as a standing Mamma Leone's Restaurant in mid-town. the implementation of any appointments schedule proposed by the committee. Instead, it will be a committee At the State Bar luncheon, the New York President be delayed for up to twelve (12) appointed as necessary. (2) Amendment IV City alumni chapter elected William R. class days and that the tenure of the combines the Social and Athletic Raikin (1949) as President, Norbert.M. already-appointed individuals be continued Committees, as it has been felt that those Phillipps (1941) as Vice-President, Allan D. Mantel (1976) and Alan Schneider (1976) ■for that period of time. However, this two committees ought not be separated. power of the Board shall only be effective The overall student .turnout at the as Co-Treasurers, and Rebecca Morrow in the case of the election of a new election was quite light, in keeping with (1976) as Secretary. The .New York City President before the regularly scheduled the general school apathy toward student chapter will meet again on Friday, October activities and affairs. The turnout of 14, 1977 at the well-known Lawyers' Club spring elections." Explanation: Another gap in the third-year students was quite a surprise, at 115 Broadway for a special luncheon. — ** . . .. " on Torts, Criminal Law, Contracts, N.Y. Procedure, and many other law school through courses available Josephson's BRC if at least 40 students sign up at the BRC table or with BRC rep's. These are review-type courses.. Law School Alumni Meet Dean Thomas E. Headrick, Professor David Kochery and Assistant Dean Jay Carlisle will attend the luncheon. Thereafter, in the early evening, Dean Headrick will host a special cocktail reception for alumni at the Biltmore Hotel. The alumni meetings arid receptions will emphasize coordination of our New York City activities and support for our Law School placement program. Washington, D.C. alumni will hold their third annual fall reception- on Friday, October 7, 1977 in the Heroy Room at the Cosmos Club in Washington. Dean Thomas E. Headrick, Professor Kenneth Joyce and Assistant Dean 4*y Carlisle will be special guests at the reception. In addition, faculty members Herman Schwartz, Marjorie Girth and Norman Rosenberg will also attend. Honored guests from Buffalo traveling to Washington, D.C. will include Alumni Board of Directors member and Buffalo attorney James B. Denman and Appellate Court Judge Dolores ■ Denman. At least fifty reservations have already been made for this reception. �Schwartz on Sports - *" Yankees. 1, Schwartz 0: >— WW -OKU'i.. / •r»q £M<' .•;;;.•, 3f|J .^/ Is) .viijafo, to *V '•■ •' JUI-3.11. .1 Although television announcers: are often heard discussing the. superstitious natures of their favorite athletes, I have discovered that such peculiarities pale when compared to those displayed by the true sports junkie. An example would be my friend Bennie the Fan, who as the ultimate aficionado, is normally obseryed curled into physical contortions while watching his favorite teams play on T.V. When his team is winning, Benny must lock himself into his present position. He believes that even the slightest movement will bring bad luck to his team and a loss, will result. If the beloved team is playing poorly, Bennie the Fan feels compelled to be in constant motion until his club's fortunes change, at which time Bennie locks himself into position bound fast until the game has been decided. Bennies preoccupation hits a peculiar peak when anything occurs to upset the natural balance, which has been established in the room where he is stationed. Upon occasion I have seen Bennie pay $10 to an individual, who has entered the house at a crucial time, so that person can leave and not upset the fickle forces which control all luck. Furthermore, fellow observers are 10% OFF ON LAW STUDENT RESUMES IBM Composerand typing available H&H Quick Copy Center, Inc. 3342 Bailey Aye., Buffalo, N.Y. 14215 833-8510 1630Broadway, Buffalo, N.Y. 14212 892-1555 AhoSpeciaffingmLetflßritfs „ not : ■■• :. I «VJ .<■! r .n, '.:: frt »2_iJriiUjd'-i ft| permitted to move about; and outcrys i.| ,i>Dft_}< ''!'::• .■■/ !;IS;iJO beyond belief have been heard' when a | change, which is taking place in the sacred room has coincided with his team's downward change in fortune. | Despite his belief that sports passion usually leads to a constant stream of disappointment, Bennie the Han hasfound. that to exist as a lover of sports he rrrUst remain an eternal optomist. A Bluejay lover, he was last seen echoing his constant -ry, "WAIT TILL NEST YEAR." * * * A reliable, baseball source has informed me that National League president Chub Feeny permitted the final game of the N.L. playoff to commence in the drenching rain as an experiment to determine : the feasability of placing a baseball team in Buffalo. i - WaW to scare a friend or at a Professor With some Opinion is accepting, articles, drawings, poems, dirges, spells, etc. for a | jtti|j!g°qmi ji'bnuoi ISSUE > v*s__i); coming out on November 3. ;!' Baseball's Power Elite * * * by Bill Brooks A new song has recently shot up the local top 40 with a bullet: With the Yankees in the World Series, baseball seems to be the most talked about "Hang down your head Jim Ringo subject in the law school. One walks into the law school, and the first thing one hears Hang down your head and fly For you are 0 and 13 concerns the latest of the trialsand tribulations of the Yankees. The other day I am tpld, Wilson Will hang you high." i-.ujr'to-ri'eja Billy Martin mentioned that he would play Hitler and Mussolini if they could hit. Since this is the s,oth anniversary of the, 1927,(Yankees,one cannot,help,,thirjkiingi»bout H rt_ .'..'.• •:•■ ■ *..;, X .■,!.:■;.'' t[9i "Murderers Row.'' And.what if Hitler.and Mussolini could hit? What would Murderers Although this column is written before Row really look like? the Fall Classic, one sure bet to play 1B Josef Stalin you need a lefty playing first defense like Helen Keller is Reggie Jackson. 2B Richard Nixon you need someone who knows how to shift in order to make Rumor has it that Yankee president, the pivot, and we know how shifty this man is. % George Steinbrenner, anxious to protect SS Jesse James he can gun it to first better than Burleson. his investment, has asked Bowie Kuhn for 3B jack-the-Ripper good hands are a must in order to play the "hot corner." permission to include a beeper in all If Attila the Hun and Ivan the Terrible one can't hit lefties, the other righties. baseballs to be used by the Yankees next cf Napoleari covers more territory than Mickey Rivers. season. The 2.9 million dollar man was rf Mussolini he wouldn't be a left fielder. recently taken out of the starting lineup c Idi Amin a good catcher needs a strong arm and Idi's strong arm tactics are for the crucial fifth game against Kansas legendary. City. When asked for his comment, Reggie, P Son of Sam and they say Nolan Ryan throwsbullets. a man rarely noted for his modesty, ..:,,*.,i ttuvw n„ii_ e.it iwj.m OH -Louis Lepke who else? k ..replied, "Sitting me down is not the easiest Relief specialist« Who elsßShrfuM'cdme'o-t ofWe'«_ltyertrr " on thing in the world for Billy Martin to do." Manager Adolf Hitler he'd take these guys if they couldn't hit. * - .. -—— -— — — - — — — — — — - - .. - — — — ~ .„..,. ... International Law An American Failure Many years have come and gone since the advent of law in our civilization. In fact, law has been around longer than we can remember, or perhaps longer than we would like to remember. Yet the field of. International Law is an infant relative to the history of law. International Law's development in respect to protecting the individual's rights was initiated in 1948 with the United Nations' Universal Declaration of Human Rights. Thirty years in the history of a civilization is a short time indeed. Perspectively, this would be equivalent to the early 19th century in America, in terms of our country's legal development. The "Law of Nations" is a new field, as can be detected in perceiving the vitality, idealism and dynamism found in those active in thisfield. Particularly in the last few years, countries have been gradually accepting the fact that human rights are a matter for international concern, which in turn has provided the impetus for the development of many new rules pf international law. Some critics say that there is no such thing as International Law; that it is an abstraction, there is nothing real to grasp onto. Some of this criticism may be justified, but, as Walter Tarnapolsky told an audience at J Please turn in any appropriate material I by 4PM on Wednesday, October 26 I room''a623, O'Brian in ■~~'? ;". **"*.r''l to <n9di:ianl ifiTtijiTiSfl ■ frr"*r Hall. : On Point: by Dean Silvers j the Law School, if one can make even a minute effective change in the field of human rights, it is better than total abeyance, which is the present situation to be found in human rights. Such is particularly true knowing that we are at the foundation stages in this field, and every minute change holds many enormous possibilities for the future. Tarnapolsky, who spoke at the Law School on October 4, is a professor at Osgood Hall, York University, in Toronto, Canada. He is also president of the Canadian Civil Liberties Union and a member of the United Nations Human Rights Commission. The Human Rights Commission of the U.N. is a commission set up by the Optional Protocol to the International Covenant on Civil and Political Rights, drawn up in 1966, and just recently ratified. Article I states that the Protocol "recognizes, the competence of the Committee to receive and consider communications from individuals, subject to its jurisdiction, claiming to be victims of a violation by that State Party of any of the rights set forth in the Covenant [referring to the International Covenant on Civil and Political Rights]." Practically, the Commission is an example of the implementation of human rights on a real level, allowing individuals to submit complaints about individual violations of Fortunately, the ridiculousness human rights to international and hypocrisy of such an action made die Little League rescind adjudication. Mr. Tarnapolsky is a reserved such an action quickly. True, there is no real litigation, man, but within his reservation, he exhibited a dedication which in the American t sense, in has affected even the most international Law, and i» is skeptical of those in the field of difficult to enforce judgements. human rights. He readily admitted But International Law works in a that even if a filed complaint scope entirely different from our managed to survive the many American legal system, and many levels of inspection and got to the fail to recognize this. In final stage before the Commission, International Law we are dealing there is a strong chance that no with entirely different cultures real action would ever result to and civilizations, that are provide the petitioner with attempting to deal with one justice. But he also felt that the another at a common level of legal U.N. proceedings in such an area and human understanding, which are not, as some say, "a panacea at times looms as a seemingly in a world in which the most insurmountable obstacle to any universal thing about human progress in human rights. Nevertheless, accessibility at this rights is their violation." There is a bright future in this stage of international legal area. There exist numerous development is the first major problems. A major one is, as step of getting one's foot in the previously mentioned, the remark door and saying: "We are here to that there is no such thing as stay; you might as well get used to International Law. This belief is us." We are dealing in politicat asserted because, to the provincial American legal mind, there exists realities in 'procuring the no facilities for "enforcement" normative consensus of the [translated punishment] in the nations of the world, which is an system, and, thus, it can not be a essential factor. The areas, system of law. It's sort of: "If you conceptions, and strategies must be different. It involves a are not playing in my of the defense of then don'usfay at all." Americans rights versus the risk of literally—fried such a maneuver / recently by banrfing foreigners \Vfinding "ill-favor" in a country's from participating in the Little eyes for interfering in its "internal 4.eague World Series because the jaffairs," and a fear of hurting a country's "feelings." Americans were constantly There are many issues to be beaten by the Taiwanese. . .-/human - , foi dealt with in this area which have been ignored due to spacial limitations. The area is replete with sensitive issues and problems. The attitude that there is no such thing as International Law is an example of thfr ethnocentric "Ugly American" syndrome which has hurt this country all too many times in the past For example, the U.S. is lone in the world as the only country not ratifying any of the recent major human rights declarations. We are oblivious to this area that will definitely play an integral part in our society in the time to come. At the Law School, we have been shamefully disregarding this pertinent field. We have cutback on many of our International periodicals, and the priority we once had for International Law is nonexistent. Such a travesty must be rectified in order for us as a school to maintain any credibility as a national level law school. With the future technologically-oriented society coming closer and closer, and as McCluhan's global village looks like it is becoming more and more of a reality when we can be in London in less time than it takes to watch "My Fair Lady," it becomes all the more essential for America to realize the error of its ways and to make amends. Perhaps we are grasping at straws, but Americans particularly and the world in general have ignored these "straws" for too long. Opinion October 20, 1977 7 �Criminal Law The Growing Federal Interest out-of-state citizen becomes a uses the phones to provide its victim of a crime, the federal service. Once recognizing that the Ever since I was six and my government (for any or all of the Federal government has an mother told me I was a complete reasons they tell us in Kadish and interest in deterring homicides, an interest in seeing one only has to take Perez one schmuck for not wanting Nixon to succeed to the the guilty punished. Nor is the step further to say that it may presidency, -("he was the federal government's interest in become involved in all homicides. vice-president, he had to be good homicide limited to an .isolated A big step yes, but one already didn't he"), I've had what one civil rights case. In the-last fes going in the direction of the Perez may regard as fairly liberal years about 15 F.BA, organized .'decir;,-.'.i. How involved should the political leanings. So over the past crimes informants have been year, when I've found myself killed. Over the years countless federal government become in seeing the need for the federal other witnesses seemed to have criminal law? Federal laws should government to exert itself in the been intimidated one way or exist to protect all universal area of criminal law, an identity another. The threat of murder, no values. Such values include the crisis has begun to set in. You doubt carried out sometime, being desirability of protecting life, know, more laws, less individual one, such form of intimidation. liberty and, for the most part, freedom, etc., etc: Was a year-of ■. Surely organised crime area, property!; Every state has laws r law school turning me into a in which the federal government very similar In ! mahy' respects' Goldwater Republican, or at least I has an interest. I mean organized upholding these values. Why not a Republican with Nadjari crime is not exactly a local have one set of laws? Besides tendencies? Was it a term of Iproblem, and if qne wants some allowing the federal government criminal law with Al Katz? I legal justification well 0.T.8. is to become involved in the cops not the only betting service that and robbers game, extradition Neither. After talking with a few people, I found I was coming out on the side of the "good guys" the federal government,, in the (Continuedfrom page one. ne'veY-eliding federalism the Birth Control Centers The Spectrum, UUAB which jjrovfdes a lot T?h« .l.Oth- of-the 1films,.and concerts on campus, etc. The SBA must pay an amendment, Strom Thurmond allocation fee in order for law students to make use of these services. and other states righters not Supposedly, the SBA has some say in how these services are run by its withstanding, its time for the participation on the Board. However, as pointed out above, the SBA federal government to replace the has little effective voice on the Board. Madeline Bernstein, the new state as the basic unit in the SBA treasurer, stressed that "SBA has no bargaining power on its criminal justice area. iown." When the framers of the Sub-Board has indicated that rtext year's allocation fee will Constitution left the police power | probably be changed from a pro-rated fee according to the size of the to the states, they couldn't have I budget of the student body involved, to a flat $1000 fee. This would envisioned how society would substantially raise all the Sub-Board student government allocation now lifestyles and their 1fees, except for those of SA and GSA who dominate the Board. grow interrelationships have cut across Withdrawing from Sub-Board as far as those services are concerned state lines and have become < would impose a substantial hardship on most law studentswho tend to il.iflon.tl IH stupe. Following this re|y on a great many pf §Hprßpafd &V()9?h Sub-Board has at least growth, crime has gone from i implied that SBA failure to pay the allocation fee would mean that law being basically local in nature to students would be barred from any student-only activities and services becoming national in scope. of Sub-Board. This state of affairs is one reason why the mandatory Another problem that has student fee may have to be raised in the near future. At present, there resulted from the states being the ( does not seem to be any viable alternative method of providing the basic unit of criminal law, has same services to law students that Sub-Board does presently. been the evolution of what might In response to inquiries about the status offunds left over from be described as "home-town" |past years and criticism about a lack of communication on budget justice. In certain parts of the |matters in general, Cosentino proceeded to detail the financial Neil Young has structure of the SBA and its present policies. country, (hint not endeared himself to this area), "We have been operating on a deficit budget for the last few it is not out of the ordinary for years," said Cosentino. "Any funds left over from prior years'have the state and local police to have |been used to pay billsand expenses not met by the present mandatory its'' biases ag-ihst certain segments student fee; "-'di-, coureu; ou :iw',r.-' ~:■ ■ of the population, for example, Cosentino and other SBA members indicated that although there young people with out of state was! money not used by student organizations and by the SBA itself, license plates (even if the Allman | these monies did not constitute "slush funds" for the personal use of Brothers are coming from the SBA members. In fact, such 'left-over' funds are dwindling, and there speakers of their V.W. van) and jis less carryover money available each year. This situation combined going back a few years, although with the Sub-Board fee problem indicates that students' fees will have still existing today on a lesser \to be raised over the next couple of years to reflect the true needs of basis, blacks and civil rights i the SBA and student organizations. The other alternative is drastic workers. This has resulted in reductions in the funds available for what few law student either the police coming down organizations there are, and this would probably mean the demise of a extra hard on these types they few of them. dOn't like (one might say abusing Cosentino readily agreed that the past financial policies of the its discretion), or the police SBA Board had led to this sad state of affairs, but hoped that itcould looking the other way when the be corrected without undue cost to the students. Cosentino did point local citizenry does its thing as out that the law school mandatory fee was quite low at present. "The they say. I know about police and SBA has been reluctant in the past to raise the fee by any great prosecutorial discretion, but lets amount because of great student resistance," he said. not get carried away. It is getting to the point where the fee will have to be raised again, While there are about three even though it went up $1 last year. A referendum does not have to be times as many federal criminal held to raise student fees: SBA has the power to vote such increases. laws as there were 25 years ago However, law students do have the right to vote on the existence of (or some similarly outrageous mandatory fees. This is voted on every 3 or 4 years. Making such fees figure), this does not mean that voluntary would probably result in a drastic cutback of the SBA the federal government's budget, and a massive reorganization of student affairs would be involvement in this area is all that necessary. it should be. We all learned in In response to criticisms that while organizations in the law school Con. Law how Deputy Price and have been asked to trim their budgets, the SBA has not made known his friends were convicted of 18 any of its own belt-tightening measures. Cosentino indicated that SBA USC section 1242 (or something budget information was available to any student.He pointed out that close to that), depriving three civil the SBA budget is printed in Opinion every year and that open rights workers of their life meetings of the Finance Committee and the SBA \p general are held in without due process of law. That's which any student or organizations may make their interests known. after they killed the three. That's "The state of the SBA budget affects everyone. Student feedback like giving the U.S. Army a is badly needed on students' wants and needs," Cosentino said. He summons for littering the streets hoped that more students would take advantage of open meetings like of Hiroshima. Once any this one to express their viewsand find out what is going on. While the by Bill Brooks — ' ' - ' Columbus Day Meeting Sparsely Attended • ~ : — ' > << < - ,< ,, ., < 8 problems would be alleviated and ""prevent such relationships? And if any criminal acts would be treated a U.B. law student wants to a book-burning on a more equitable basis than in conduct the present system in which ceremony, stoned out of his or penalties \for similar crimes might her head, while carrying on polygamous relationships? Well if vary greatly among states. No doubt states-righters would it conforms to community claim 'that people from every state norms... And if these students are different and have a right to are from Section 3 ~. Indeed, th,e different law. Let's take this one Burger Court has adopted this sort rationale in step further people from city to of developing for pornography. city are different. Why not have standards criminal laws that relate to (That's the only thing that worries particularistic values drawn up by me.) Where does that leave the state city councils or other community legislative bodies. Why should a in developing criminal sanctions. legislator from Utica, or a Not in all that prominent a congressman from Dcs Moines position. But then againv we are determine marijuana laws that will not living during the period of the affect kids in Manhattan? Why framers. It's about time to shouldn't mothers in West re-examine the role each level of Virginia have a greater say in what government should play in the books their children will read? If area of criminal law. Mormons in Salt Lake City want to practice polygamy, should legislators from the other side of they have the different values, \impose their values on these people and October 20, 1977Opinion ' SBA may be guilty of some lapses, there does not seem to be any excuse for student apathy, when the issues involved affect them so directly and when students' complaints pertain to increases in fees and the lack of funds for organizations. The Finance Committee and the whole SBA are presently revising the budget to meet the increased cost of the Sub-Board disbursement fee. All student organizations have been asked to submit budget reductions rather than leaving the cuts to the SBA. The revised and reduced budget will have been voted on and approved by the time this issue of Opinion is out. The new budget will be printed in the next issue. As of press time, a preliminary budget had been set in which all proposed student organization cuts were accepted and the SBA cut out funds for picnics, reduced party funds and other budget lines. The most severe cut was the elimination of $500 from the NYPIRG budget. According to Cosentino, NYPIRG originally said that $50 was needed for them to maintain an ojfjceat the Law School. There is already a large NYPIRG office on the third floor of SqUlre H_ll 6h the Main Campus. However, the additional $500 was requested in order to vote in NYPIRG decisions. The law school chapter needed this -minimum $500 allocation to ensure voting rights. While regretting the cut, Cosentino said that the SBA felt that the budget was too tight to provide money for such a voting right. Moving on to other areas of discussion, Brenda Bodenstein remarked that, "one factor contributing to the Sub-Board problem was the fact that SBA breaks down over the summer." SA members of Sub-Board receive stipends and therefore are available over the summer. Most of the representatives from the other student governments do not receive stipends, and therefore are not around. Both Aviva Meridian and Andrew Cosentino had to take timeoff from work to attend the Sub-Board meetings when the crucial fee decisions were made. But the medical and dental schools weren't represented at most of these meetings, so SBA could only sit back and watch. The fact that SBA members were not around contributed to the inability of the SBA to take steps in procuring a new disbursing agent and the general lack of notice to students and organizations concerning the possible freeze of funds. The SBA hopes to establish some skeleton summer staff to prevent these types of problems in the summers to come. One student attending the meeting suggested that the attendance records of SBA meetings be published in Opinion to enable students to find out what their representatives are doing. Cosentino indicated that the minutes of SBA meetings which include such information are already open to students who wish to read them, but that releasing the figures to Opinion would not be a problem. Mike Shapiro, a First-Year Director, pointed out that he had submitted a proposal to the SBA Rules Committee to tighten up on the attendance requirements for SBA meetings. Presently, missing three consecutive meetings of the Board is grounds for impeachment, but a valid excuse for missing the meeting and notice to the Board of non-attendance is enough to cure most absences. In spite of this lax policy, a member of the SBA was recently dismissed for attendance failures. Cosentino had hoped to make use of the October 10 meeting to organize a law student lobbying effort in Albany. The SBA would hire a bus to take students to Albany to ask legislators for more financial aid for law students, to allocate more needed funds for the library, and to consider separating the law school budget from the rest of the UB general budget. Since the meeting was not well attended, only limited interest in such a venture was indicated. Cosentino will continue to try to organize such a trip if there, is sufficient interest, and anyone wishing to participate ia this lobbying effort should contact the SBA office. At the close of the meeting, all of the candidates for the recent SBA election gathered to talk with the few students who were present. There were too few people to have an effective election forum, so the meeting dissolved. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-10-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/20/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b0509161fa8f178860fdd145e9be7518.pdf 81b5e7ee93b2cccba8f870d9e2d23783 PDF Text Text HEADRICK, IN INTERVIEW, FINDS FIRST YEAR "REASONABLY GOOD" by Mike Buskus « In an exclusive interview of the Opinion, Law School Dean Thomas E. Headrick surveyed the achievements and shortcomings ofhis tenure as Dean.; Headrick indicated that while he personally felt "reasonably good about last year, [he was] certainly not happy with the departure of a number of important key people on our faculty. But what that did was highlight some of our difficulties and brought them front and center to the attention of the Central Administration." The Dean then pointed with pride to an across-the-board salary increase I for law professors at SUNYAB. Cautioning that it was not as large an increase as was needed, he added that "we still have some problems to work out with respect to some of the younger faculty. They not only need a salary adjustment within rank, but also to cross over and get promoted and then get a salary . | adjustment." Responding to a question regarding what impact Buffalo's ambiguous tenure and promotions policy had on last year's exodus of law professors, Headrick admitted that "it certainly had a very direct effect on a couple of people. Unless we make some progress fairly quickly, it could well have effect on some other people on our faculty." Headrick continued that "it's'a concern for some of the younger people on our faculty now. There's been so much ambiguity in the system that it has created some undue anxiety." > The Dean then addressed the status of the library, Replying to a query as to whether the law library noting thathe was "still concerned about the library. I'm presently had a reasonable expectancy of a steady flow of pleased with the way Wade Newhouse has taken over as funds instead of a volatile year-to-year allocation, the Dean acting librarian. He brings to that job a sense of what the responded that "I can't be overly optimistic on the institution is about and also the respect from the indications I've seen so far. The University President University librarian and others. I think he's doing a [Ketter] and others who make the budget proposals for bang-up job, but it's at the cost of losing a major Buffalo have made the library a number one priority in contributor to our academic program." their planning for several years. If the State decides to act Headrick expressed his hope that the Administration on those priorities, that is, expand resources, then clearly could act on hiring a permanent law librarian "within the the library on this campus will be the first to get additional next month or so. It's tied into the failure of the resources. Clearly the law library stands high on the University to find a University librarian, and the lack of priority list within the system" clarity about what the authority of the law librarian is to Headrick stated that part of the problem was that be in that system." Albany has continued to refuse budgetary increases for Headrick also blamed the inadequate library budget as any unit within the SUNY system. The Dean asserted that contributing to difficulties in hiring a permanent law "in any state-wide allocation system, Buffalo gets hurt by librarian. the standards used because we're a more comprehensive Questioned as to whether the law library could expect University. We have more disciplines and more programs any form of independent autonomous existence apart represented here than at any other State University, so from the SUNYAB library system, the! Dean replied that that other places which may be sitting fairly well with "to use words like 'independent,' 'autonomous,' I don't respect to their libraries don't want change in the system's think so. But, if we use words like 'have control over key allocations which could cut back in their library matters of concern' to the law school and law faculty and resources." law students and the ability to develop the collection in Expressing some optimism library appropriate ways with adequate resources and to manage congestion, Headrick pointed to the impending opening of the staff in ways to serve the faculty and students, I think a library facility in Capen Hall and the eventual opening of we will get some more discretion, some more latitude in Lockwood. the system than we have had in the past." —continued on page 6 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18, Number 2 State University of New York at Buffalo School of Law Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 October 6,1977 PHONEA-THON TO RAISE FUNDS FOR LAW SCHOOL-OCT. 9,10, 11. by John Simson — Law Students take a much needed study break and help the law school raise some money at the same time.The Phone-a-thon needs you. The University of Buffalo Foundation is conducting a Phone-a-thoh to raise money for seven specialized University programs. Commencing with the nursing program this past September 27th, the event is designed to reach alumni who have never contributed monies in the past. Bill Lockwood, head of public relations for the Foundation, spoke with Opinion about the new program. He stressed that this type of program has worked very well at other schools. "I hope that UB graduate and professional schools will gain badly needed funds for various programs through these events," he said. The law school's Phone-a-thOn is scheduled for October 9-10-11. A party at Jay Carlisle's home on September 19th served as the kickoff for law school efforts. A handful Bill Lockwood from the UB Foundation and law students at Carlisle's of alumni and faculty were greeted by a good turnout of students. The group socialized house.' for a few hours, enjoying wine and hors d'oeuvres. Dean Headrick then delivered a short message on the needs of the law school and urged all in attendance to help make the state should have the sole financial responsibility for its support." "Secondly," he Phone-a-thon a success. continued, "people think that they contribute adequately to UB through their tax i Headrick said, "The monies raised could be used to ease the burden of Library and idollars." Unfortunately, the second reason has little merit. The average taxpayer gives orrty Piacement cuts, necessitated by a general lack of funds within the University system." Also he stated, "the Central Administration will be more willing to expend funds once it;about eight cents a year to UB through tax dollars. The Phone-a-thon should help to is shown that alumni will contribute and support the law school's development." iclear up this misconception and hopefully raise some needed funds in the process. Lockwood then detailed how the Phone-a-thon would operate. Each night at 6:15 Hope to see you all in Capen Hall on October 9, 10 and 11. p.m., alumni, faculty and students will be briefed'as to the procedures involved in soliciting and registering pledged contributions. At 7:00, the phoning will begin. There are thirty-five phones to be manned (personned) and all students are urged to by Mike Buskus take part. Carlisle suggested that all students with last names beginning with A—D come Sunday night, those from E—M on Monday night, and those from N-Z on Tuesday night. The SBA resolved its with under which Sub-Board agreed to perform (This is only an administrative guideline, and it is urged that you come whenever you can, if the night assigned is inconvenient). The event will be held in Room 424, Capen Hall on Sub-Board I Inc., at least for the current a cost-study analysis which could possibly the Amherst Campus. Phoning will cease at approximately 9:00 each night; a short party year, when a compromise agreement was result in SBA's disbursing fee being reached between the two organizations lowered below the $3,000 ceiling. will follow. Last year's fee for identical services was The Phone-a-thon is only directed at contacting alumni who have never contributed September 26. SBA entered into the before, and who live in the surrounding areas. "One nice thing about these events," disbursing agent contract with Sub-Board I, $1250. It was due to Sub-Board's initial Lockwood said, "is that, for many alumni, this presents a chance to contact classmates Inc. for a fee not to exceed $3,000. demand of $4,000 (a 320% increase over Sub-Board, in return, agreed to perform last year's fee) that SBA balked at signing with whom they haven't spoken for many years." The University of Buffalo Foundation was set up in 1962, as a fund-raising arm of services which, "will include the cost of the original agreement. the University. Private sources contributed a 6 million dollar endowment in the hope that processing financial transactions, preparing SBA President Jeff Licker told Opinion other private support could be tapped. The endowment was invested, and their proceeds and reviewing budgetary reports and that the agreement is satisfactory in that it pay all the operating costs of the Foundation. This enables the Foundation to provide financial statements, providing bonding gives the SBA time to look into other these fund-raisers while ensuring that all monies collected go to the University, and not coverage for the officers of SBA and alternatives for next year. The possibility towards Foundation salaries and costs. The Foundation raised a little over 2 million coordinating the preparation of the SBA's of a freeze on all student fees was the major factor in the SBA's decision to dollars last year, and hopes that the Phone-a-thon will help reach new contributors to yearly audit." The contract, which was signed for the accept a compromise. It is believed that increase that amount. "There are two major obstacles in soliciting alumni contributions," Lockwood SBA by newly-elected Treasurer Madeline Sub-Board's willingness to compromise was —continued on page 8 pointed our. "First of all, many people feel that UB is a sate institution and that the Bernstein, contained a special provision . < SBA FINANCIAL CRISIS RESOLVED . �October 6,1977 •OPINION 2 Letter to the Editors Editorial OUR FAIR SHARE LEISURE SUITS FOB LAWYERS there is a leisure suit To theEditors ' I'm sure you're aware of the new American Bar Association dress code regulations, which state that all Attorneys, offensive and defensive, must wear their names and numbers on the backs of their suits. Well that really isn't too oppressive, but here's the kicker. If an attorney decides to wear a leisure suit, he or she is automatically disbarred, and the Court takes jurisdiction over the suit If that isn't enough, the Court is then given three options as to the suit One, they can return it to K-Marts for a full refund; which they then hold in an escrow account pending a hearing on the damages to reputation suffered by the Court due to an attorney in the first showing up place; or two, they can return it to Two Guys; or three, they can burn it Now I'm sure if the Street case is really on point in this matter, but I would like to say that leisure suits really have become a national emblem of the silent majority, and I think such a ruling violates equal protection, with or without bite. . In recent months, the law school administration and faculty have spent much times considering the nature and function of this law school. These efforts resulted in Dean Headrick's "mission statement and plan." The Dean presented his proposal for the future of the law school to the Faculty and eventually to the UB Administration. One of his major points involves the choice between being a "garden variety" law school or an Bob Hall innovative One as suggested by the Dean's Buffalo Model. At a recent orientation meeting „ fa crazy kind ofguy 1) for first year students, Dean Headrick called the law school one of the 10 or 12 innovative schools in the whole country. Editor's note: The Street Case adds little or Unfortunately, the reality of the law school's state of innovation seems somewhat nothing to the analysis here. It should be of recent events. The has seen demiseof the Criminal questionable in light past year the further noted that the Court never Justice Program, a popular and innovative concentration for students, and an appallingly mentioned leisuresuits in Its opinion. high faculty turnover. The poor pay and promotional structure of the law school hasbeen at least partially responsible for these problems. 0 How can a law school be committed to innovation when it seems to lack thevery i foundations and resources necessary for imaginative and challenging legal education? All letters to the editors or articles submitted to Opinion must be typed in Admittedly, the administration has worked hard to and had fair success in building 70 space lines and double-spaced or theyjwill not be printed imimi the faculty back up. It has also pledged itself to higher salaries, especially at the low end .. '"* t t of the pay scale. Hopefully such changes would provide the basis for better and more ■i varied legal programs in the future. However, all these plans seem to take for granted that the law school will remain subservient to the wishes of the general UB administration. In a recent interview, Dean. Headrick, in reference to the law library, stated that while die library can not be autonomous or independent, the law school will probably be granted more latitude in by Andrew Consentino ».-., ~„ "thecontrol of key mattersof concern.'' Students should voice their opinions ■<. ■■■ Maybe it's true that we cannot separate ourselves structurally and financially from concerning what organizations and the rest of the University, but look at what is happening to us and to our school. UB law The SBA will sponsor an open meeting activities should and should not have students pay just about the highest tuition of any state Jaw school in the country, even of the student body on October 6th and theirfunds reduced. taking into account that the cost of living is high in the City of Buffalo and in New York 7th (the exact date, time and place will be Looming as a major difficulty next year State ia-general. We pay one of the highest tuitions in the University, and in the.whole announced and posted around the school is Sub-Board's decision to raise our SUNY system. Yet our library lacks adequate funds, and the salary scale for law corridors). The purpose of the meeting will allocation fee. That fee is charged to professors here is not high enough at all levels to really compete with other top schools. be two-fold. We will attempt to determine, underwrite Sub-Board's services to the Last year's tuition increase certainly did not help the law school much. based upon student opinion, what course students, such as the Pharmacy, The The law school cannot even hire a Head Law Librarian because there is no the SBA Board of Directors should.take in Spectrum, the Ticket Office, movies, access University-wide Chief Librarian. Until UB libraries in general hire someone and set up dealing with the aftermath of our money to University athletic facilities, etc. The fee library organization, the law school can do little. Instead, students must lose the services problems with Sub-Board I, Inc. Time will will jump next year from its current level of yet another professor so that, he can run .the library. Why can't the library be .also be taken to introduce to the students of $1000 to $3300 (approximately). The independent enough to have its own. funding.and budget lines, and to hire its own in attendance the candidates for the office combination' of higher disbursing and librarian withoutfear of conflict with any new Chief university librarian? of Vice-President and the two Third Year allocation fees has forced the SBA Board This whole situation demonstrates a University-wide, even a SUNY-wide, notion Director positions that must be filled, and of Directors to the conclusion that we that the law school and its students can be used to support the rest of the system. Even the various constitutional amendments that must leave Sub-Board I and form our.own Sub-Board seems to think that law students should contribute more than .their wi|l appear as well on the, ballot, for the .corporation to serve as a disbursing agent proportionate shareof student fees to payfor Sub-Board's services. October 12thand 13thelections. /S!*t £)§° i to,Pro Y<de, .«vne,Qf the .services ...,;, It is not suggested that the law school cut itselfoff from the rest of the world, the ..■ The SBA, which relies upon mandatory presently underwritten, by- ,our allocation state, SUNY or even ÜB. Academic cooperation is vital to the intellectual community of student fees for the funding of student fee. .j ~..-,,, ;i; any school. Part of the law school's unique innovative quality must come from its activities, is required by law to have a However, to take this step and spend cross-pollenation with other disciplines and departments at ÜB. disbursing agent to handle those funds. less money than Sub-Board is planning on But the cost for this cooperative process cannot be born by the law school alone or Sub-Board I, .our disbursing charging will require the SBA to forgo in disproportion to its sources of support in comparison,with ,the rest of the university. agent-corporation... dominated by the some of the services currently provided. We We will not contribute to the university community nor will we be an innovative law Undergraduate Student Association, cannot take this step unless we are sure school ff our resources continue to be depleted in order to support the rest, of the demanded $4000 from us for the current that the students are willing to give up university. If the law school cannot attain some measure of financial independence, it is year. This was a jump from $1250, and the some of these services. We need to difficult to see how it will survive, either as a "garden variety" or as an innovative SBA Board refused to sign. In the last know which ones are alsoconsidered institution. week, due to our inability to obtain expendable. ;_, .The, students, faculty and administration of,the law school are invited to respond to another disbursing agent on short notice, If we don't leave Sub-Board next year, ~ thiseditorial and to share their ideas concerning the improvement and financial protection we have signed with Sub-Board. Refusal to the amount of funds available to law of thjs law school. ", t/ do so would have meant being unable to school organizations will be cut by a full Opinion encourages all who can attend to help outat the law school Phone-a-Thon disburse any student funds for any 25% from the levels set last April, forcing to be held on October 9, 10, and 11 from 6:15 p.m. to 9:00 p.m. in 424 Capen Hall. activities until a new agent was approved in several groups to fold up shop. Presumably, Student attendence must be high at this event for it tp succeed. If students do not mid-December. Fortunately, the SBA the student body does not want to pursue demonstrate their willingness to work and their concern for the school, other people are Board was able to negotiate the contract that course. not going to be willing to give the law school their financial support either. Besides, how and lower the price of Sub-Board's services We won't know that, though, until you many times have you ever been encouraged to use a telephone and make lots of calls to $3000. tell -us. Come to the open meeting so that when it is not even your phone??!!!!!! See you in Capen Hall. We will be forced to reallocate the funds we may deal with this crisis in an informal which were originally assigned in, our manner and with support from the entire budget last April to make up the $1750 student body. gap created by Sub-Board's action. , . • , . . . . SBA CORNER - . ... OPINION Editors-in-Chief •• ■ October 6,1977 Kirn Hunter John Simsfln .BeckyMitchell Dean Silvers Randi Chavis Ted Firetog Editors • Photo Editor Business Manager Staff: Mike Buskus, Tim Cashmore, Shirley Gorman, Sheryl Reich, Lawrence Ross, Mike Shapiro. Contributors: Jay C. Carlisle 11, Andrew J. Cosentino, Tanis Reid. - ■ Want to scare VjjJ. a or &et friend at a professor with some . .'■.'-.■ j Opinion is accepting, articles, drawing, i! poems, Copyright 1977, Opinion, SBA. Any republication of materials herein Is strictly prohibited without the express consent of the Editors. Opinion Is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed In this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization, third class postage entered at Buffalo, N.Y. Editorial policy of opinion is determined collectively by the Editorial Board. Opinion is funded by SBA from Student Law Fees. Composition: University Press at Buffalo. ■ ., . : t Vol. 18, No. 2 - dirges, spells, etc. for coming a . G.AILL@W__IM DSSPI out on November 3. (fi&§>\ i Please turn in any appropriate material by 4PM on Wednesday, October 26 in room 623, O'Brian Hall. ! i i �OPINION October 6,1977 WIDE WORLD OF TORTS: by Ingemar Johansen / this STRIKE THAT FROM THE RECORD and he knows Why.) Rating knows why). — Q++ (and he "Don't Limit My Warranty" and "Brother Stills, Nash, Jaeckle, Fleishman, week, Wide World of Torts a little known publication, The San Mateo ' Record Reviewer. : This The Best Defense is a Good Offense by F. bi-weekly news sheet specializes in music Lea Bailey reviews ofobscure and motionless greats of Many critics contend that "F" peaked a the counter culture. Reprinted with long time ago during his rock opera permission of The San Mateo Record "Patti." I have to disagree. Just like an old Reviewer- (Law Division) are a few of last wine, or an old sock, "F" really mellows month's reviews. with age. He shows a maturity here never before seen on record. The voicings on his Pain and Suffering by Melvin Belli and the "Opening Statement" are beautiful. The syncopation in his poignant "Summing Bluenotes The latest album from this California Up" are a lesson to all young stingers on splinter band once again focuses upon the the way up. great spontaneity of its leader, Melvin Belli. "Thispoor-youngmanoftenderyears, Belli, Whose solo career has floundered of fullofgrand intentions, late, really shows himself to be a true forced to do what he'd never do, master when surrounded by the right by some crazed demented stranger." interviews - players. "Per Diem" is the classic example of the type of piece where other lesser known Tortsmen have tried to imitate the boss' style but have failed miserably. Only Belli, the virtuoso, can handle it. The delivery and timing are superb: "Eyery Second, Every Minute, Ev-ery Hour, Every alive, i Month, of Ev-*ry Yew that she's J - Though the "Stone" sees this as just a "Patti" LP, I think another dimension has been added. The young man is poor and is kidnapped by a right-wing extremist group. (As opposed to a rich wo/han, kidnapped by a /eft-wing extremist group in "Patti".)Bailey's sense of humor is also evident on side two. He opens the side with an old Robert Johnson blues number called, "The Spider and the F. Lea," and then follows it with one of his early classics, "Ever Since I Was a Young Boy They Said Son You're Too Rich to Sing the Blues." Bailey closes the side with the Foiling Stones"Classic hit, "I'm Flee." Rating restatement of his She must live a horrid life without her pan-cre-as How wouldyou feel, How wouldyou feel, If she were you. Don't you think It's worth one thin dime, even a dollar For every second, every minute, CH-. Two new releases are of particular hour, Every day ofevery month ofev-ery year." interest, as they represent the final Copyright 1977 statements of some of the greatest legal Palsgraf Music Inc. minds on record. The first I'm sure you're aware of as the media hype has been The album is just full of beauties like incredible, just last night, his pale face this one. Don't miss, "You Proximately came on the' screen' as the (ate movie went Caused My Broken Heart," or "Everybody offand he said: Loves a Tortfeasor." A remake' of that "Hi, Vm William 0. Douglas. Remember classic by the First Amendment, "Ever those great hits from the Sixties. Things Since My Masochistic Baby Left Me, I've like 'Griswold v. Connecticut?' 'Miranda v. Had Nothing to Beat But the Wall," is also Arizona?' US. vs. One 1959 Roll of Scot included as window dressing. This album is Paper Towels?' Well, now you can own currently "32" with a bullet and is a must these great hits for your very own. Yes, for every collector. (Recorded Live at the this new album, Earl Warren and the Orange County Special Term Recording Supremes Greatest Hits can be yours now. Studios.) Rating H. You'll hear such greats as, Art Goldberg, Abe Fortas, Earl himself, Harlan, Black, Eisner v. Macomber by The Tax Evaders Whiz and so many others... To order This record marks a true departure for just..." Brought tears to my eyes. But I wanted the "Evaders" and is sure to gain them the national attention and prestige that had you to know that the album is not just a been predicted for them. There is a true reissue of old material. These recordings realization oftheir potential on this slice of contain some never before released vinyl. Led by sensitive singer-songwriter footnotes; detailed reasons behind Billy "the Kid" Greiner, the "Evaders" memorandum recordings; and a really great have added a level of sensitivity to legal jam session on their all time classic issues not generally found on today's rock "Certiorari Granted." Rating H+. 'n roll scene. Listen particularly to "My Love's Depreciatin' But I Can't Deduct It!" "My Love's Depreciatin' But I Can't Songs of the Breach by Karl LUlewelllyn Last year in this column, I had the Deduct It, My Love's Depreciatin' But I Can't Deduct pleasure to review Karl's last "45" entitled, "Son of a Breacherman." Well I am even It, My Love's Depreciatin' and I can'tDeduct more pleased to announce, that Karll's label, "Warren T" records, has found even It, And Baby I'm not waltin', I'm litlgatin'." more previously unre leased material. The album's title, as you may have Copyright Strawberry Bridge Songs Inc. noted, is a clever little pun on Karll's last Most songwriters would miss the subtle hit, and this rather bawdy and provocative repetition of the "Evaders" lyric. Yet the title is done no disservice by the music repetition focuses the listener's attention inside. Llewellyn has always specialized in on the fact that the love is not just lusty statutory construction in his music, depreciating once, but every year, year and this is no exception. "Bearers and after year. The political statement is Holders" will probably become the intense. Perhaps President Carter's Tax "Gimme Shelter" of the late Seventies. I Reform Commission will finally tune In to know of no AM station that would dare this issue, and make some long awaited play it with those incredible lyrics. But to changes in the amorization and give you a little taste, here's art excerpt from a tongue in cheek calypso number depreciation of love. The album also contains come great called, "You and Me and the U.C-C." rockers. Give a listen to the screaming "You and me and the UCC, tryinto make Guitar on "You What's Your Basis," or the a living off the law subtle accounting on "You Call That You and me and the UCC, working through 2-313 (a)(4)." Income?" Copyright Section 2-207 One final note. The addition of Kenny Music Inc. "Red Sox" Joyce on taxaphone is the band's greatest new asset. (Whether or/rot he'll be depreciated is another matter... Other fays of' mine on this disc are - - - . 3 Moo^L Can You Spare Fair Market Value of a Sprague, Doyle, Dlebold and Meckler^-^ °ime." (P.S.: at least one of them hates hockey!/ HERE AT THE WESTERN NEW YORKER byS.R. SPACINGOUT ' • In our continuous, effort to remain moderately in touch with the world beyond the law books, we ventured out last week, looking for something topical on which we could report. The' parking situation left us with little reason to look further. We spent a fair amount of time in the last ten days just hanging around the parking lot, talking to, uh, parkers, and trying to get a feel for the dimensions of the situation: Issue spotting in the parkinglot. •. W first thing we discovered was that theissues are about the only one can spot in the parking lot. Save purchasing an already parked car, or being a holdover from the night before, one has very few chances of actually having a goodday if one drives to school. On one particular day, by placing ourselves on the runway which launches unsuspecting students leaving the Law School into a very competitive Seller's Market, we had a clear view of the field. A blue Chevy kept circling, always at an even pace. A tan Volvo was.erratically stopping and starting, possibly in tune to "Boogie Nights." A purple Gremlin was-buzzing by, always darting out of sight. The Chevy was still circling. A woman in a red VW kept calling out to people, "Hey, can I have your spot? Hey, hey!" One person was asking $1 for an illegal spot. We noticed a team of Security guards ticketing cars which were extended past the double lines. As we approached them to discuss the possibilities for land reform, we overheard a young woman arguing with a ticketcr. "Just tell me if I'm going to get a ticket if I'm parked over here." •.' ..■ (. s W i,? "You just got one." "No, that's a hypothetical, I mean, I know that's a car, but it's not my car. Mine is down there, and I just want to know if youj: would dare give me a ticket." "You bevif you're illegally parked." "" ....;,.;. "Where the hell do you'expect me to park?" "Nobody here wants to walk. You could park in the Bubble lot." --vr;..-..: •■..; •. v :>. "I didn't come here to walk,■•■l came here to get an education/ * are guaranteed a "Right The students are guaranteed an education, the professors class to teach, but NOBODY is guaranteed a parking space." '•'• ""' . . ' ' > .... . -,: 'a ,-vfrn -. ir\<tot ...-..•.m■''■• J.•*...->■< •■, QUIZKID The following test was designed by Dr. Milton Bradley at the request ofOpinion. Or. Bradley is a member of the Quantitative Qualitative Analysis faction of the Psychology Department here at the University. Basically, Dr. Bradley designs tests much like the following, which are used generally for diagnostic purposes. This test was designed for the Incoming law student. - Part I: AMI REALLY CUT-OUTTO BE A LAWYER? 1. When the bank closes at 2:45 pm instead of 3 so the tellers can rush out by doyou say: a. Hey, what the f— b. You capitalist-imperialist types are all alike. c. I object 2. When you've called the Department of Motor Vehicles trying to find out the procedure for clearing something up and you've been assured twelve times that you are supposed to do A, but when you get down there youfind out you really are supposed to do B, do you say: a. Hey, what the f— b. Oh, I don't mind waiting on line c. Res judicata 3. When you are in the supermarket and you slip on a broken bottle of ketchup, do you say: a. Hey, what the f— b. Where are the hamburgers? c. Tort! 4. Given the chance to see a film, would you choose: a. Nurses For Hire b. Bailees For Hire 5. In choosing a performance to attend, would you rather hear: a. The 3rd Movement ofBeethoven's Ninth b. Doyle's Move For a New Trial Part II: WHAT KIND OF LAWYER SHOULD I BE? 1. When you take someone out for lunch and he protests that the restaurant is too expensive, you say: a. We can sneak out the back when we're done ; b. I know the loanshark who is gonna own this place soon •>' c. It's deductible * > 2. If you had a daughter, you would name her: a. Miranda _> b. Mabel, and hope that someone gives her Cal Standard for her first birthday c. Lucille 3. If you had a son, you would name him: a. Hadley . ' b. Dudley, but make him a vegetarian I c. Shelley 4. If your child was being recalcitrant, you would: ' a- Remind her that Totten trusts are revocable b. Tell her that the Family Court is in the big blue building on Delaware Avenue 5. If you saw a person about to jumpoff the George Washington Bridge, you would probably say: a. Are you sure you signed the will? b. Uh oh, I hope George is insured c. Hey, somebody better estop him. . ' . �The United States Supreme Court handed down a decision in Jline of this year invalidating Arizona's prohibition on commercial advertising by attorneys. The Court held that Arizona's Disciplinary Rule 2-101(b) [which precludes commercial advertising of legal services] violated the First Amendment rights of two Phoenix /7(7 YOUNEED A LAWYER? attorneys: THE RIGHT TO ADVERTISE Lawyers can publicize their services now, according to a recent Supreme Court decision. Will this newlyacquired right result in more competition arid lower prices for legal services, or in undignified hustling by attorneys? by Mike Buskus Appellants John R. Bates and Van O'Steen operated a reduced-price legal office in Phoenix. They confined their practice largely to routine matters such as name changes and uncontested divorces. Following two years of marginal patronage.by clients, they concluded that unless the volume of their business increased, their overhead costs could not be met. They made the decision to advertise their practice and publicize their scale of fees. On February 22, 1976 Bates and O'Steen placed an advertisement in the Arizona Republic, a Phoenix daily. The substance of their advertisement stated that their "legal clinic" would perform "legal services at very reasonable fees." They indicated their fee scale for four types of services: (1) uncontested divorce or separation: $175 plus $20 court filing fee; (2) adoption: $225 plus $10 publication costs; (3) personal bankruptcy: $250 plus $35 court filing fee; (4) change of name: $95 plus $20 court filing fee. The advertisement indicated that other types of services could also be provided at rates available on request. The President of the Arizona State Bar then filed a complaint alleging violations of Disciplinary Rule 2-101(b) [which provides, in pertinent part: "A lawyer shall not publicize himself, or hist partner or associate, or any other lawyer affiliated with him or his firm, as a lawyer through newspaper or magazine advertisements, radio or television announcements, display advertisements in the city or telephone directories or other means of commercial publicity, nor shall he authorize or permit others to do so in his behalf."] The complaint was heard before a Special Local Administrative Committee of the State Bar, based on procedures stipulated in Arizona Supreme Court Rule 33. After a full hearing, the committee recommended that each defendant be suspended from the practice of law for at least six months. After review by the Board of Governors of the State Bar, according to procedure outlined underSupreme Court Rule 36 the Board ordered one-week suspensions for each attorney. Appellants-petitioned the Arizona Supreme Court for review of the Board's determination. After hearing the appeal the state's highest court rejected appellants' dual claims of First Amendment infringement by the State as well as unfair restraint of competition violative of the Sherman Antitrust Act, Matter of Bates, 113 Ariz 394, 555 P.2d 640 (1976). The United States Supreme Court noted probable jurisdiction, 429 U.S. 813 (1976), and ",' heard the case on appeal. The Supreme Court, in an opinion by Justice Blackman (joined by Brennan, White, Marshall and Stevens) rejected appellants' Sherman Act' claims, but found substance in their First Amendment claims. The Court held that commercial speech in general, and appellants' in particular was serving individual and societal interests in assuring informed and reliable decisionmaking, and consequently was entitled to some First Amendment protection. The suspension of attorneysfiates and O'Steen was vacated. The Court's disposition of appellants' first claim started from the premise that the Sherman Act was not applicable to cases of state action. Blackmun cited Parker v. Brown, 317 U.S. 341 (1943), to buttress that assertion. The. Court analogized the action of the Arizona State Bar with that of the State of California in Parker (in>" fixing prices in the raisin industry). Blackmun cited Parker for the proposition that a state, "as sovereign, imposed the restraint as an act of government which the Sherman Act did not undertake to prohibit." 317 U.S. 341,352. LEGAL SERVICES AT VERYREASONABLEFEES 4_fa ■ mm jmmmu * - or legal septration-unconttited * Divorce [both spouses sign papers] J175.00 plus J7O 00 court tiling tec Preparation ol oil court * tions on how to do I and instrucyour own simple popcri uncontested divorce JlOOOO ' * Adoption-uncontestedseverance proceeding 1225 00 tion coil * plus approximate.!,- 110 00 publica- Bankruptcy-nonbusiness, no conttsttd proceedings Individual 1250.00 plus 15S 00-court filing Ice Wife and Husband 1300.00 plus SI 10.00 court filing fee of Name * Changeplut 120.00 court Ming fee lIS.OO Information regarding other trpes,of cases furnished on request . ———^—' ' M^"^^^^— ' '"■' ' '— "I." ' ■■— Legal Clinic of Bates & O'Steen •IT North I rd Street rhoenii, Ariaona ISOO4 Telephone (t02)112f 111 ;! ...,, .....,V,i "l i A recent Buffalo progeny, pictu at right, indicates that "Bates" format will most likely copied, until such time other guidelines become available attorneys, for determination of what m permissably be advertis The Court then considered two noteworthy exceptions to the Parker state action rule, finding both inapplicable to the instant case. The Court first dealt with Gbldfarb v. Virginia State Bar, 421 U.S. 773 (1975). In Goldfarb, the State of Virginia had approved a county bar association minimum fee schedule. The Supreme Court, in declining to apply the Parker exemption from scrutiny under the Sherman Act, held that "It cannot fairly be said that the State of Virginia through its Supreme Court Rules' required the anticompetitive practices. .." (421 U.S. 773,790) (emphasis added). Blackmun distinguished the instant case by noting that here, unlike Goldfarb, the alleged restraint was "the affirmative command of the Arizona Supreme Court under its Rules. 27(a) and 29(a) and its Disciplinary Rule 2-1-1 (b)." The Court then discarded the other exception the Parker doctrine. Cantor v. Detroit Edison Co., 428 U.S. 579 (1976) was relied upon «by appellants. That case involved a state-regulated public utility. Detroit Edison distributed "free" light bulbs to its customers. The cost of the bulbs was included as a hidden charge in the monthly bills to its customers. Litigation arose when a light bulb retailer alleged that such practices constituted a violation of the Sherman Act. The to �The original "Bates"ad is shown at left. YOU HEED \ DOi LAWYER? legal services at very reasonable ', ;,.4jj_ • REAL ESTATE CLOSINGS Minimum $125 Maximum $200 For Homes Up to $35,000 ADOPTION —$225 •BANKRUPTCY—Non • Business, No Contested • — Proceedings... Individual $250 plus $55 Court Filing Fee. Wife and — 1 Husband—s3oo plus $110 Court Filing Fee. •CHANGE OF NAME—S9S Plus Filing Fee. cWILLS —Simple Wills- -J tured Husband and Wife $25 Each. Information Regarding Other Types of Cases Furnished on Request it the m__—_^_ Vas LEGAL CLINIC NMMMHMM mmmmmmmm. may BUFFALO, N.Y. PHONE: MPRR Court there held- that a public utility could not use the state,action shield where commercial practices were embodied in a tariff approved by a state commission. Bates and O'Steen had argued that the success of the State Bar irt having its Code ofProfessional Responsibility adopted by the State, through jts Court Rules, amounted to a similar attempt to shield such action from a proper Sherman Act challenge. Here, Blackmun again distinguished the instant case from the Cantor decision. Blackmun noted that the respondent party here was actually the State itself, not a private enterprise operating under licensing authority of the State. Blackmun also stated that whereas there had been ho showing in Cantor that the public health or safety interest was involved in the utility's distribution of lightbulbs, "the interest of the in regulating lawyers is especially great since lawyers are essential to., the primary governmental function of administering, justice, and have historically been 'officers of the courts'," (53. LEd.2d 810,822) (quoting Goldfarb, 421 U.S. at 792). The Court then addressed appellants' claims that their First Amendment freedom had been infringed upon. Conceding that the contested advertisement amounted to "commercial speech," - Blackmun stressed the informative role or sucn advertising for consumers. Blackmun saw beneficial results flowing from the tendency of such ads "to inform the public of the availability, nature, and prices of products and services, thus performing] [an] indispensable role in the allocation of resources in a free enterprise system." (53 L.Ed.2d 810,823) (citing FTC v. Proctor & Gamble Co., 386 U.S. 568,603-604 (Harlan, J., concurring) ). Acknowledging the countervailing need to regulate the availability and performance of legal services so as to maintain a high degree of "professionalism," Blackmun proceeded to reject what he termed a "highly paternalistic" approach of states in disallowing dissemination of information regarding available services. Relying heavily on Virginia Pharmacy Board v. Virginia Consumer Council, '425 U.S. 748 (1976) [i.n which the. Court held that pharmacists can advertise, within limits, the prices on certain prescription drugs], Blackmun concluded that: "[l] ike the Virginia statutes, the disciplinary rule serves to prohibit the free flow of commercial information and to keep the public in ignorance." Prefacing its analysis of the propriety of advertising prices for legal services, the Court emphatically noted that no evaluation was being made of the quality of legal services offered by appellants. The Court then proceeded to evaluate a number of arguments offered by appellees to preclude the allowance of price advertising: 1. "The Adverse Effect on Professionalism": Blackmun rejected the contention offered by appellees that advertising would diminish both an attorney's self-pride and the client's trust. Blackmun analogized to the banking and engineering professions which have no similar ban on advertising. Finally, he postulated that the image of professionalism might even be enhanced with appropriate dignified advertising: "Indeed, cynicism with regard to the profession may be created by the fact that it long has publicly eschewed advertising, while condoning the actions of the attorney who structures his social or civic associations so as to provide contacts with potential clients." 2. "The Inherently Misleading Nature of Attorney Advertising": The Court conceded that not all legal services are "unique" in the marketing sense that merchandising is fungible. Nevertheless, the Court concluded that at least for the performance of specific, relatively uncomplicated legai procedures, the prior availability of approximate prices would result in more, not less, informed consumers. 3. "The Adverse Effect on the Administration of Justice": Rejecting the notion that advertising created undue litigation, the Court stated that "ja]lthough advertising might increase the use of the judicial machinery, we cannot accept the notion that it is always better for a person to suffer a wrong silently than to redress it by legal action." (53 L.Ed.2d 810,831). 4. "The Undesirable Economic Effects of Advertising": Disposing of the standard argument that advertising increases the "overhead" costs of the profession, the Court maintained that advertised prices would encourage competition. That would allow the entrance into the marketplace of less-well-established attorneys, to the possible detriment of the market position of established attorneys; but not to the profession as a whole. 5. "The Adverse Effect ofAdvertisement on the Quality of Service": The Court found no evidence that low prices would result in low quality legal services: "An attorney who is inclined to cut quality will do so regardless of the rule on advertising." (Id., at 832) 6. "The Difficulties of Enforcement": Blackniun admitted the possibility that some unscrupulous attorneys —might take undue advantage of advertising to the detriment of unsuspecting or unsophisticated clients who would not be able to "value" the quality of services received. The Court nevertheless found insufficient reason to question the integrity and credibility of the legal profession as. a whole. . . The Court then gave a cursory analysis of the overbreadth doctrine, finding it inapplicable to the area of commercial speech. Summarily disposing of appellee's remaining argument that appellants' advertisement was misleading, the Court adverted to the increasingly sophisticated nature of consumers vis-a-vis advertising claims. Failing to find any "false" elements to the Bates and O'Steen ad, the Court found no reason to refrain from applying the First Amendment. < In dicta at the end of the opinion, Blackmun opined that misleading adver,tjjg*jj» could be subject to restraint. He offered hisconqlusion that claims to quality of legal services "may be so likely to be misleading as to warrant restriction," Id., at 836. Drawing a parallel with advertising of pharmaceuticals he declared that it might be appropriate to limit the "time, place and manner" of advertising. In a separate opinion, Chief Justice Burger concurred with the Court's Sherman Act analysis, but dissented from the'First Amendment analysis. Powell, joined by Stewart, also filed a separate opinion, in which both "concurred in part and dissented in part." While the Powell/Stewart opinion reached the same conclusion as did Burger, it stated only that allowing advertising might lead to "misleading advertisements presenting difficult enforcement." In contrast, Burger declared that allowing advertising would actually be injurious to the general public. Rehnquist's separate opinion reached the same results as Burger's, although it was grounded essentially on the premise that commercial speech was not entitled to any First Amendment protection. ANALYSIS " The long-range impact of Bates is impossible to predict. Will Madison Avenue advertising firms attempt to "package" or "merchandise" the delivery of legal services in the manner or style with which it hawks breakfast cereals? Will the ads result in established law firms discounting the prices of their services? Will the public perception of law as a profession be dramatically altered? As of yet, it is too early to iiriswer those questions. Significantly, the New York State Bar Association has yet to promulgate any clarification of its official position on advertising in the aftermath of Bates. Addressing that question in the September issue of New York State Bar News, NYSBA President Henry J. Smith stated that "we are not preparing any such guidelines, or otherwise reacting to the decision alone." (Vol. 19, No. 6, Page 1, Col. 1). the response elsewhere has been similarly tentative. According to Juris Doctor magazine, the New York Times is declining to accept advertising referring to hourly rates. In contrast, the Los Angeles Times has run a large number of ads patterned after Bates. Probably the most significant impact Bates will have will be that of the profession engaging in a self-evaluation as to what the role of the profession has been and what it should be. Closely related to that point is the question of to whom the bar should direct its energies and offer its services. Bates has brought to the forefront of discussion in the profession consideration of what function the bar should fulfill for middle and lower income Americans. Rightly or wrongly, many Americans have believed the cliche that "if you have to ask the price, you can't afford it." Indeed, an article in the September issue of Juris Doctor indicated that after 35 years of living separated because they thought they could not affof_~_~iawyer, a couple finally.got divorced when a legal clinic advertised prifcesfor divorce. If, in response to Bates, the legal profession reevaluates its role in society and expands its ambit to encompass service for more than its traditional clientele, it will have accomplished a lot; If, as a result of increased awareness of what lawyers can do and how much it will cost, more Americans achieve the legal redress to which they are entitled, then Bores v. State Bar of Arizona will become a landmark decision. �HEADRICK : October 6,1977 OPfftfOYT 6 . .. teaching continued from page 1 ...The Dean then responded to questions about the departure of Placement Director Jay Carlisle. Indicating his personal regret over the loss of Carlisle, the Dean stated that "we'll replace him. I haven't begun to advertise the position, but wHI shortly. I'm sorry about Jay's departure, because I think that Jay has done a superb job. He started some things and set them up in such a way that I think it will be a lot easier for someone else to step in and to expand on the services that we have than it was for him to step in several years ago to get something started." .-.Addressing the problem of filling existing faculty vacancies, .Headrick stated that "Corporations has been a high priority area for the addition of full-time faculty even before Professor Lybecker decided to take a year visit at Duke. We were unable to locate anybody last year despite a fairly extensive search whom we thought was qualified to be considered seriously for a position here. We're going to continue that search for someone in that area. '■--••*-. i _rj Headrick noted that the teaching situation was not yet critical in the Corporations area because "we're fortunate in having several people in practice here who have had - — Dean Thomas Headrick and can teach the basic some' experience-in corporations course. But, I don't think that [the use of part-time professors] is a long-term way to handle that particular area." Listing his priorities for the year, Headrick placed emphasis on "cleaning up some of the looseends from last year, of which there are a number: to minimize the amount of faculty energies that have to go into major kinds of considerations like the 'Mission Statement' and special studies of curriculum which we were engaged in last year; then to begin to build towards some of the innovations we've talked about in the mission statement, by laying some of the groundwork for planning and cooperation.within the faculty. Some of these things will be spread out over the next two or three years..." Questioned as to whether he expected adequate support and encouragement from the Administration in Capen Hall, Headrick noted that he had seen a confidential memo that was circulated by Academic Affairs Vice-President Ronald F. Bunn to all University Deans and Provosts. Headrick termed that confidential draft "very encouraging" for the law school. The Dean elaborated that it represented "probably the ftrst time we have gotten a clear response from the central administration about our goals as a law school, and [it was] a very sympathetic response." ' ORGANIZATIONAL NEWS BUFFALO LEGISLATION PROJECT ASSOCIATION OF WOMEN LAW STUDENTS promulgated by the Commissioner of the Department of by Shirley Gorman Environmental Conservation will also be reviewed. The whether Article 8 of the Act members Project study has marched (BLP) BLP will The Buffalo Legislation How much do you know about your A.W.L.S.; into full swing this semester with 25 new members needs to be amended. submitted Answer the following-(True-or False): by the same project Director, and Another environmental Kirn working on nine projects. John Arpey, Hunter, Managing Editor, worked during the summer and source will be edited by Bonnie Hood. Project members and selecting Ellen Krebs and Mark Bander will analyze the Uniform 1. At least ten opportunities to volunteer in the real early fall' contacting potential world were offered to law students, ranging from projects. The BLP' Is 1becoming quite well known among Procedure Act enforcement powers and propose revisions. schedules, and fine arid writing criminal appellate briefs to ACLU work,from a Research also be on fee will Albany, as done State agencies and legislators, especially in crisis intervention counseling to interviewing high source of quality research and drafting assistance. During on Article 78 appeals in this context. school drop-outs. (These opportunities were to be Dan Kohane will supervise research on statutes in the Fall of 1977, students in BLP will be researching areas posted on the A.W.L.S. door, room 509.) of law ranging from environmental quality to procedures other jurisdictions analgous to the New York State Open '■•■'■ b'.-J'W v areas the New York Statute. Members were presented with three possible projects: and, in 2. problem Law Meetings licensed professionals; for disciplining :.: £?.! assisting battered spouses through the court system, Barry Oster, the other Managing Editor, will supervise Candy Apple ton, Marc Ausfresser, and Jim Kelly will work perhaps by promulgating a handbook for such use; a review of procedures for setting health and automobiles with Dan. Legislation may be drafted, if necessary to investigating a loitering law reform; and establishing a insurance rates in other states for the New York State improve upon and clarify the New York Statute. The rap Access to Records of the New group for women returning to law school after an Ranzenhofer, Board. Michael Committee on Public Public Consumer Protection Jean absence from education. Graziani, and Mike Buskus will work with Barry to draft a York State Assembly is the source of this project; bill supporting a memorandum establishing procedures in John Suda,. editor, and BLP members Stephanie 3. A weekly conversation-communication hour was established by designating each Thursday from 11:30 New York which would ensure the opportunity for public Baynon, Paula Dladla and Deborah Dowling will do research the Erie to 1:30an "A.W.L.S. Brown Bag Lunch," to be held County Attorney's regarding for Office participation in rate-making. in the first floor lounge. Another project for the New York State Consumer an analysis of the optionalfunding choices for Erie County Protection Board will be edited by Leslie Kulick. BLP under the Federal Unemployment Compensation Act. 4. The organization decided to sponsor a Career Night in late October, inviting female attorneys to share their members Janet Lubon, Paul Suozzi, and Andrew Tramont They will make recommendations to the Erie County and the study by Legislature analyze possibility experience with the school. a the of successful in review made recommendations will 5. Margaret Burt was elected secretary and Debbie Carta Board of complaint mechanisms for cases of professional challenge of the law's constitutionality. f These wilt be treasurer at the first meeting of the year on projects completed during examine the the fall 1977 in They procedures also will misconduct. Wednesday, September 28. other states and draft a bill to be submitted to the state semester, and new projects will be selected in the spring. BLP members were selected during the summer of 1977 6. That means the group is now led by a steering legislature. committee consisting of the new secretary and Leslie Kulick is also in charge of a project to establish after writing samples and applications had been filed by treasurer, along with Candy Appleton, Claudia Allen, what the requirements for continuing education for interested students. Students in BLP receive three Nancy Peck and Sheryl Reich, all serving March to licensed professionals should be. Joanna Gozzi, Shirley academic credits upon the satisfactory completion of three November terms. Gorman, and Ellen Conn will also be working on the semesters working in BLP. Information on membership 7. An A.W.L.S. is an Association of Women Law project to review continuing education requirements will be available in the Spring. Students. imposed on professionals in other states and determine, which ones would be appropriate in New York State. S'TrWV'm A survey and analysis of state laws governing farm se umou>( uojiezjucSjo .uimoj- »An.c ue uj Bunedj3j}.ied mortgage guarantee programs will be conducted for a New 3JE no A (p jo Jamj qitM ajes jj Ac|d sAem|e no A York State Assemblyman. Becky Mitchell will supervise !tnni) szjuSosaj Aiaieuuj noA (q :(,<je3ip juapnjs MH| c) (o the project, and Carole Egan and Ann Evanko will work pajwqD noA (c :juBu /_ ||_ joS noA }\ -mix ||y :SV3MSNV with her. The focus of the research will be geared toward All you future Clarence Darrows, take heed. assessing the possibility of establishing such a program in The 1977 Charles S. Desmond Moot Court New York State. Federal programs and the New York hereinafter, Banking law will also be studied to determine how they Competition begins October 3 at 3 p.m. in Room 112. The PUBLIC NOTICE: Let itbe noted thatfirst floor each Thursday pm lounge from 11:30 until the 1 in competition, is open to all first and second year law would interrelate with such a program. O'Brian shall a "Brown Lunch." designated Bag of Hall be students desire the skills of brief and writing who to learn A project will be done to assist a New York State Said lunch is so designated by the Association of Women senator to develop an Industrial Loan Guarantee Program appellate advocacy. Law Students, sponsors of better communication and the Moot ■in New York State. This �will involve a survey of other , This year's final round on November 19, in accessibility; information states' programs and an exploration of definitional and Court, will feature Judge Ellsworth Van Graafieland of the Circuit, with States of for the Appeals Tom United Court Second drafting problems. Becky Mitchell, editor, along Bender and Saul Brenner, will summarize other research Judges Matthew Jasen, Hugh Jones and Jacob Fuchsburg LIBRARY TOURS efforts in the area and will make recommendations to the of the New York Court of Appeals. The competition consists of writing a brief on the The Law Library will offer additional library tours for state legislature concerning enabling legislation for such a behalf of the petitioner or respondent of the Desmond all interested students October 10through October 14. program. ■ Offered twice a day at 11:30 and 3:30, the tours will Craig Johnson will edit a project submitted by the problem case. In addition to the brief, each team Program and Committee Staff of the New York State consisting of two students, will argue his or her side ofthe be given by members of the reference staff. The tours will Assembly. He, along with Linda Beyer, Jbann Parry, and case on three consecutive nights before judges and introduce students to the basic reference materials and Sharon Osgood, will review the State Environmental attorneys in the Buffalo area. On thebasis of the student's services which thelaw library provides. Students cap sign up for the tours at the Reference Quality Review Act passed in March, 1977. The performance in the oral rounds and the grade received on procedures set up by the act will be examined and his team's brief, a student is invited by the Moot Court Desk on the main floor of the Law Library. compared with the California Code. Rules and regulations Board to become a member of the 1978-79 Board. by Becky Mitchell sources. MOOT COURT ************************** - �Qefobcr6;y977 7 OPINIONy ON POINT by Dean Silvers Activist, v.Apathy:"TheTimes They Are A Changln" , interest was the Orientation program. The program was jwell organized, well thought out, and the general consensus was that it was a success.. And like all g%-d public relations acts, the message that was delivered (that -of '•selling** U.B. Law. School) was accepted by the buyers. I am not saying that the program was a total success, but the first year students are active, and as the manufacturers of pet rocks might say, you cannot argue with very .clear, and everything was obvious. The two need not be mutually exclusive. Rioting, electrifying propaganda, On the contrary, by nature they Being a law student at U.8., or with inflammatory anger, etc. Alt was complement one another, and from this apologies to James Joyce, "Portrait of a simplistically open and linear. Whereas the angle we can attempt to lessen the grip Law Student as a Young Person." This one 70's, unlike the 60's, is a time of apathy has had in the past oh this school. phrase can, and has, elicited a myriad of "psychological revolution," of "internal We must relate more to the internal needs emotions, thoughts and transmissions seduction rather than direct and desires of the students than to throughout the years. I offer no great confrontation." We now deal in the many outmoded political "sloganeering" or answers to the questions of the "human complex layers of consciousness and cymicism of the 60s. We must approach it drama" of law school life, but I do believe internal action. The success ofall of those as such. The orientation procedure is an that there exist in our environment certain "Vm O.K. You're 0.X." books exemplify example of the possibilities that are open cultural indicators, and these indicators success. "*jfe:.^ this change. However, the message for us to to us. The potential is ours, we are just need to be brought to our attention to help Attitude is essential, particularly in realize is that this internalizing does not using outmoded tools, and the time is now. us become'better aware of ourselves and such a closely knit atmosphere as the law cut oneself off from active participation. cognizant of the advances we can make or school atmosphere. Orientation is the.first have made. encounter these students have withllfcfc For a substantial happening has been school. Expectations and poVbtiitfjfy going on at the law school this semester in perception formulations are at their highest regard to first year law students, and it level, and thisjs the critical stage of points out a critical lesson to be learned in future law school perceptions. A job attempting to better the atmosphere at the done, as seen by this year's orientation, law school. reaps many benefits. Dean Headrick; Dave Perhaps it is a bit too early for this Brody, Helene Antel, et. al., must be exactly relevant to the issue "at hand" (e.g. by Mike Shapiro arm-chair "philosociologist" to give his thanked for their ability to come through Hawkins v. McGee: 84 N.H.114, 146). I perceptions of the first year class, but in this area of critical importance. With many of us having seen The Paper ■ have had about all I could stand of reservation has never- been a trait of the ferhaps my perceptions are incorrect, Chase, and myself having seen it twice,-I 1 insensible babble by pseudo-philosophers arm-chair "philosociologist." ;. <$ and apathy will sweep in like a blizzard. If find it remarkable that tHe supply of lawft who wereu ever-present; in mj- my The cultural indicators 1 have used to So, men we must ask another q_estiorf. derrfW: undergraduate discussion "cdurses/mank gain perceptions of the first year class are Just exactly where along the line does this Well, we all weaseled our way in, and nowv you, members of the admissions committee not academic, -but rather they are related disillusionment develop, and what can we we're full-fledged law students; which only/ and American Bar Association, for assuring to the activities outside the law school do about it? t ' /"'"-- \" jgols |o/gshow ithjft sixteen Real's 'off me (finally!) that the people 111 be dealing classroom in the Law School. First year This brings to mind a general point education is .bound toI with for the rest of myjife have brains. students have been coming out in record which must be made in this connection. warp young minds. I've basically "spoken my piece*'' now, number for numerous law school activities. There are_ those who believe in this school Fortunately, our professors are quitec but I have just a few words of advice I feel A sparsely advertised Opinion meeting was and participate actively in its related different than old man Kingsley. ■(Whos I should impart to those of my fellow attended by many new members. The activities in the hopes of bettering the would have guessed that that guy with thec classmates who may still be having trouble International Law Society also had a good, conditions around us. All too often they long hair and sloppy., clothes is aa with adjusting to legal terms. Folks, don't turnout of new members. TftereweM'many are encountered by thefoe we call, for lack i i professor?) And their "Socratic Methods""worry about them. Legal terms are new faces at a recent National Lawyers of a better term, apathy. And all too often are not as traumatic. Only a few of us haves cornbjnations of t>yo or more trivial Guild meeting. The Law School Intramural the apathetic ones defend themselves by i been involuntarily> volunteeredifor. publicS fjoglish wfpjds, often, wjifcli Basketball league's maximum of 16 teams defining themselves as part of the social')I humiliation in class, the: rest, of us havesi have lijsj£ or no .st4>starrtiabmeaningH'i> «J»e. was met within the week. Interest inthe class of apathy, a moral-psychology volunteered voluntarily for publicc English language. As legal terms, they mean Moot Court Competition, although not yet spawned by the outgrowth of disillusion humiliation. Which, further shows howv even less as language. They do have great publicly announced, has been the focus of and cynicism of a post-"active sixties" .warped our minds are. I am one of thosec financial meaning, however. Remember, much attention/The list goes on and On. generation. But such an occurrence as we who hasn't been involunteercd yet (I darec lawyers get paid by the word, with bonuses more, letters, as-in are seefng ih thelaw school i& an'important you,.Kate!), and I'm wafting with batedd for words, of .*sp'ebttl_W'.''tH_tn "the* 1■'■'iStf-mV*-niifcHt brgart iiWWn." fa e'm'selvei'' _re mohi' step 'in specifically rtegktirig' dr'proving" ''WeatKirormy'ftftßd 'ideathV' -'■■'■ ■■-'•■- ' Scrabble. In the light of all this would you i' ° -•'•■ On the subject of class discussions, lett be surprised to learn that a lawyer madeup "together," rarfd _&■ is why 'so mam/ new wtong this theory or psychology; students are interested. But I see no real The sixties was i Very different time hie complimentl the admissions committeeethe meaningless word new differences in terms' of publicity and from the seventies. As Jerry Rubin said at on picking a group' of students who at leastt "supercalifragilisticexpialidocious?" That recruitment in these groups since last year. Squire Hall last week, "theeOVwas 1 ttrhe0 hay sorrietWng''J intelfigent -to-sAyi 'evenn man grossed a million dollars on iti Move lirnwm s gniik>qqw 'lid I feel that a primary reason for this of direct confrontation." The issues were 'though' our' -comments are"' riot t_»wayss "law school!.>'. !io;;.;.d ■■■'-':. ■::■■;:. |Uq ~| .j:r nu bnJCI ':•'■■::,■ ii-jfe.V ■■•■»;* .' '/ i :.: ■ ■ .1 - FIRST AND SECOND IMPRESSIONS . ! ■ .. . - * ' ; : ' < > < '. • . . '' ' ~ Phone-a-thon and other news from JAY ; . CARLISLE students will act as coordinators: Debbie the persons ; wrjo will be how to make maximum use of, faciJitiesj'n Wright, Louis Faber, Paula Dladla, John benefltirjg from our jnjrYdrraising prpgr'arps the Placement Office, AU, students, are On October 9, 10 and 11, a special McKirchy, Diane McMahon, Larry Karst, care enough to donate some oftheir time ~,encouraged to attend workshops and are it is absolutely invited to note schedules for the same in series of Phone-A-Thon fund-raising; Marc Ausfresser, Mike Talloh, Vicki to the Phone-A-Thon receptions will be held in Capen Hall, Edwards and Alice Mann. On Tuesday i essential that we have at least thirty the Placement Office. Room 424, from p.m. Capeni October 11, the following students wi|( act students participat'mg, eacjievenjng." / On-campus interviews will continue to Mjchaef.,,, Hall is the Central Administration Building;as coordinators: James be held during the months of October and to the immediate left of the Law School Risman, James Sheldon, Jim Tujjpen,' November. Firms interviewing in, October (Christopher Baldy Hall is to the Susan Vanderiinde, Tanya Miller, Mark and November are: Hodgson, Russ, Pearce, Roslyn Lipton, Tom Connelly, immediate right). Andrews, Woods and Goodyear (October The first annual U.B. Phone-A-Thon is Sharon Osgood, and Chet Smalley. 10); Jaeckle, Fleischmann and Mugel chaired by Assistant Dean Jay C. Carlisle, All other students interested in (October .11); Phillips, Lytie, Hitchcock, 11. Its purpose is to raise funds for the Law supporting our ?activities Blame and Huber (October 14); Federal School. Communications have been sent to should try to appear in the following Trade Commission (October 21); Office of all U.B. law alumni in Western New York -order: Sunday, October 9, persons with the Staff Judge Advocate, Brooklyn notifying them of the Phone-A-Thon. On names from A to D; Monday, October 10, (October 21); Kings County District Sunday, Monday and Tuesday evenings, persons with names from E to N; Tuesday, Attorney's Office (October 21); Lynn and Lynn, Albany (October 25); Bronx County the Law School students will meet in October 11, persons with names from O to Placement Activities Schedule for Fall '77 •* Capen Hall with members of the U.B. Law Z. In the event your schedule does not The U.B. Law School Placement Office IDistrict Attorney's Office (October 26); Alumni Board of Directors to place permit an appearance in accordance with has planned a series of programs to be INixon, Hargrave, „ Devans and Doyle telephone calls to alumni asking for the above schedule, please feel free to presented during the months of September i(November 3); Department of Justice pledges. The money raised from 'this event appear on another evening. and October for the benefit of most I(November 3 and 4); and the U.S. Marine Twenty-six members of the Board of students interviewing during the fall ICorps first year students (November 21). will be used to support the Law School The Law School Placement Club, whose library, the Law School placement program Directors of the Alumni Association have, season. Included in such programs are a and many of the Law School student agreed to appear during the three day special series of placement seminars and Imembers consist of Lawrence Cohen, Tom organizations. U.B. law alumni have had a Phone-A-Thon. We plan to spend two workshops for first-, second- and third-year IConnelly, Richard Epstein, Steven Errante, positive response to the program. It is hours on the phones and then adjourn for students. In addition, interview workshops ILouis and Gail Faber, Marc Ausfresser, reception. for seniors are being presented, as are mock IPaula Dladla, Joanna Gozzi, Terry llardi, informal cocktail essential that students support the program an by attending the Phone-A-Thon on one of Phone-A-Thon participants will then have interview sessions for all students. The ILarry Karst, Alan Lichtenberg, Jeffrey the opportunity to meet with members of mock interview features a simulated ILicker, Roslyn Lipton, Diane McMahon, the three nights it will be offered. The following students will act as our Board of Directors of theLaw Alumni interview between third year law students John McKirchy, Tanya Miller, Douglas coordinators on Sunday, October 9: A viva Association. and a law firm partner. IMott, Sharon Osgood, James Paris, Michael Phone-A-Thon instruction letters can be Placement workshops are designed, to Risman, Bob Shaddock, James Sheldon, Meridian, Andy Cosentino, Jeff Licker, David Alexander, Madeline Bernstein, obtained in Room 309. Students are urged familiarize students with (1) history of law Judith Sillari, David Smith, Jim Tuppen Marcia Davich, Larry Cohen, Mike Buskus, to participate in this activity. Carlisle said, placement; (2) creation and use of a and Susan Vanderlinde, will also -be Terrie Benson and Brenda Bodenstein. On "If we do not have a strong turnout of resume; (3) interviewing techniques; (4) meeting during the fall to make plans for Monday, October 10, the following students, our alumni will not believe that employers' procedures for hiring; and (5) the sponsorship of Career Days. PHONE-A-THON ,j , : - . - ■ lavbinviiL nviniiivj _—_-i •«« ■ «■■■ - . �October 6, T977 OPINION 8 FACULTY PROFILES: Alfred S. Konefsky by Lawrence Ross Alfred S. Konefsky: The man has a way with words. What else can explain this writer's hesitancy to grill Professor Konefsky on a variety of issues ranging from his attitudes on teaching to his date of birth? But how could a hometown boy possibly be objective in his article when his subject unabashedly admits a certain fondness toward the oft-maligned "Queen City"; The question is, of course, rhetorical, and it naturally follows that the tone of this piece is favorable. However, it would be difficult not to maintain this x attitude toward Professor Konefsky. Section Three's new Contracts professor captures his predecessor's bubbly enthusiasm, willingness to experiment and consideration for the needs of his students. Konefsky is enamored with the concept of the communal law experience. The idea is especially appealing to him as students are permitted, under the format, to see early in their law school careers connections across doctrinal lines between courses. .This immersion into cross-doctrinal patterns lends an important aspect to the first-year student's experience. Konefsky has not previously taught a Contracts course, and so does not feel constrained in following traditional approaches to the material. Although reluctant to discuss his plans for the semester in detail, perhaps in fear of "previewing coming attractions," he did wish to stress his concern for students going beyond the four corners of the law. ! "Contracts law," he emphasized, "contains much hidden ideology," and he is more concerned with ensuring student perceptions of that ideology than a" focus on the r ules of law, which he feels is a relatively simple task. Aside from Contracts, Konefsky fs jointly teaching, With Professors Schlegel and Lindgren, a seminar in Law and Development In the spring, Konefsky will be introducing a general survey course on American Legal History from the Revolution to the Civil War. His goal will be to show that shifts in political theory, occuring in revolutionary times, had a significant impact on legal theory. By using contemporary economic and social histories, students will come to understand how such changes in legal theory shifted legal doctrine. In addition, Konefsky will be offering a seminar in the Origins of Judicial Review, which will focus its attention on England from Tudor days to about 1800. Konefsky almost did not decide to enter the world of law. Following his graduation from Columbia College in 1967, he seriously entertained the notion of entering graduate school in art history. However, he ultimately enrolled in the study of law at Boston College, where he matriculated in 1970. Konefsky represents the "new breed" of law professors. His major field of interest is American legal history, with particular attention to the Nineteenth Century. Until very recently, law professors did not consider this field to be a justifiable addition to the curriculum. This attitude towards legal history has undergone considerable change. In fact, one of thecriteria upon which Konefsky based his decision to relocate here was U.B.s encouragement of research in the area. " Konefsky has just completed seven years of research in Massachusetts, editing "The Legal Papers of Daniel Webster." The first volume, containing over 600 pages, is due to be published shortly. A second volume is planned. For the purpose of retaining his substantial responsibility in the publication process, Konefsky has retained his affiliation with the Webster papers. The book differs significantly from prior efforts in that Konefsky has attempted to integrate the notion of a 19th century law practice with doctrinal analysis. The SBA.. SBA's disbursing agency immediately, continued from page 1 so that the Student Bar Association and due to fear that if the Law School refused those organizations which are funded to sign, all professional and graduate through the SBA (including the Opinion) colleges might soon form their own can utilize the funds which have been disbursing corporation, thus damaging appropriated for them out of mandatory Sub-Board's financial credibility in the student fees. University community. 10%OFF ON Polity, the Medical School Student LAW STUDENT RESUMES Government, also signed with Sub-Board IBM Composer and typing available due to similar time pressures. Polity did tell H&H Quick Copy Center, Inc. Opinion however, that the current agreement with Sub-Board is unsatisfactory 3342 Bailey Aye., Buffalo, N.Y. 14215 and that a committee has been formed to 838-8510 investigate alternative disbursing agents. Broadway, Buffalo, N.Y. 14212 1630 Mcd School student group added that JThejoint 892-1555 a effort with Law and other Graduate Also Specializing in Legal Briefs programs would be welcome.d. arrangement is to take effect Some law students enjoying the scene at the Law School's 90th Birthday Party put on by the Dean on September 30. ORIENTATION FOR FIRST YEAR STUDENTS CONTINUES by Tim Cashmore He said that he hopes to begin adding a social science perspective to even some A handful of law school freshmen first-year survey courses. "To make this showed up for the second in a planned possible," he said, "I expect to hire two series of continuing orientation meetings; new faculty members in the spring and held on September 23 in the Moot Court three more next fall." Room. Boyer expanded on the Dean's theme Continuing orientation was a response by telling students that they will have a to past criticism that freshmen and chance to broaden their backgrounds when transfers needed more orientation than they choose etectives. they could get at the beginning of the He noted the options available within semester. the law school, such as seminars, clinics But Associate Dean Barry Boyer and independent study. "Outside options," estimated that only about 10 per cent of he said, "include such things as internships the first year class attended the session. "I ; and courses from other colleges within the guess the other 90 percent of your class is i university." adjusting to the school without any help," Boyer warned students, however, to he said. imake sure that they took into Those who did show up heard Boyer, i consideration their graduation Dean Thomas Headrick, and Assistant irequirements when planning a curriculum. Dean for Placement Jay Carlisle promote Carlisle said that only about a third of the law school's positive features. Students I the law school's recent graduates stayed in also heard pitches from representatives I the Buffalo area. He concluded, "We're of the school's various extracurricular inow a national law school." activities. He urged first-year students to attend Headrick told the gathering that the law ithe Career Days offered by the Placement school is one of about 10 or 12 in the Office and to make themselves aware of country that stand out for their ithe office's services. innovation. He talked of the Buffalo Model Representatives from nine student for legal education which, he said, is a (organizations, including Law Review, Moot departure from the traditional programs ICourt, Buffalo Legislation Project, followed at most schools. /Association of' Women Law Students, "You shouldn't be afraid," he said, "to Opinion, NYPIRG, National Lawyers' participate in experimental courses. Resist (Guild, International Law Society, and the the temptation to fight broadening your 5Student Bar Association, also spoke at the perspectives." tmeeting. Those who spoke explained the The Buffalo Model, according to aactivities and function of their particular Headrick, aims to incorporate clinical ggroup and suggested that extracurricular the legal ,—C——l—M—Jl■ , ■ into the legal curriculum. * .'. educafion of tne cTajsroom. , First-year law student Faith Miller and Prof. Michael King at Phone-a-Thon kickoff. -YAIVJER APPLICATION ANNOUNCEMENT *+—o—o*+oooooo*oo+**+ooooooooo *» 0000 000000000000000*0 Confidential Fee Waivers (of the mandatory student fee of $16 per Semester) for students demonstrating financial need will be available starting Oct. 5, 1977 from the SBA Office and at the 3rd floor Admissions Office. < < — . . » I. . ~'.'* If—fc_»_l— v -.r - ■ These confidential applications must be returned to the SBA between October 12 and October 14. Specific instructions for applications for waivers will accompany . : the applications. '■ ■ :'- ,_,., :. ..-„.. , I * � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-10-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/6/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:47:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/c8f15d565e2cf664d3e241aa1ad7e9fb.pdf a1030acf502fcf0694838661ad27f36e PDF Text Text SBA Elections Licker and Bernstein Chosen; Freshmen Jeffrey Licker, former Student Bar Association (SBA) treasurer, has been elected president of SBA. Licker will fill the vacancy left by the resignation of former SBA president Tom Murphy. The new SBA treasurer, elected during the September 15 and 16 elections, is Madeline Bernstein. She will fill the vacancy left by Licker. Licker, although not required lo do so, resigned as treasurer to obviate the need for a second election to elect a new treasurer, should he have won the presidency. Six first year directors were also elected in last weekVL, elections. They are Patrisha Armstrong, Charmaine Bissell t7 ' Opinion John Lord ©'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 18 Number 1 Select Directors Ted Donovan, Cathy Kaman, Faith Miller, and Mike Shapiro. A second year director, Candy Appleton, was also elected. Licker's first priority will be to resolve the conflict between SBA and Sub-Board Inc., which is. freezing all of SBA's fund. Sub-Board is ÜB's central student fee disbursing agent. (See story, page 1.) The disbursement fee Sub-Board charged SBA was to be raised from $1,200 last year to a requested $4,000 this year. An increase from 5 percent of SBA's total budget to approximately 18 percent. One alternative to signing a contract with Sub-Board would be Licker to find a new disbursing agent, according to Licker. SBA has been negotiating with Marine Midland Bank but any contract must be approved by the Office of Student Affairs which has already rejected two proposals as "inadequate," Licker said. Another goal Licker hopes to achieve is changing the make-up of SBA committees to include more students who are not elected SBA officials, he said. Two new committees he hopes to establish are a student problems and grievances committee and an administration liaison committee. A more balanced distribution fees is one change Bernstein hopes to achieve, she Continued on page 4 Opinion Bernstein Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law September 23,1977 Sub Board Dispute Threatens Student Organizations As a result ot certain actions taken this summer by the Student Bar Association and Sub-Board I, Inc., the student government of the law school, and consequently all the Student organizations funded by SBA, face a monetary crisis of severe proportions that could cripple theeffectiveness of those organizations. Under State Education Law. and SUNY regulations prernulgatcd thereunder, all student organisations; sucrtar funnel all disbursements of such monies through ah approved, disbursing agent. At present the SBA has no disbursing agent. For the last four years, Sub-Board, Inc. has been the disbursing agent of SBA. For services which include bookkeeping, processing check requests (which have never aggregated over $27,000 in any one year), as well as an annual audit of expenditures, Sub-Board assessed SBA a fee of $1250 a year. Under the terms of SBA's contract, the disbursing agency arrangement was automatically renewable from year to year, subject to SBA's right to terminate the arrangement after proper notification. in April of 1977, the SBA raised mandatory student fees for law students from $15 a semester to $16 a semester. After thus establishing the revenue side of.its budget, SBA adopted an expenditure budget of $26,707. (This would result in a balanced budget, taking into account a carryover surplus from last year's budget.) The SBA did not receive notice of Sub-Board's intention to raise the disbursing fee until late in May, after all classes had ended and all regular meetings of the $BA were concluded for the year. In June, Sub-Board announced that it was implementing a new cost-accounting system for its services. SBA was advised that its disbursing fee would be raised to $4000, an increase o*~«yer 300%. Subsequent to tbat notification, SBA Vice-President (and Acting Presfdent) Aviva Meridian, after consultation with other SBA officers, tendered notice of termination of the disbursing agency contract to Sub-Board, Inc. During the summer months of July and August, SBA VP Meridian contacted several alternative disbursing agents, including Marine Midland Bank. Marine initially offered to ' ' - Award Winning Opinion Needs Staff UB law Lt is now possible for student to work for an award-winning ; publication. On August 8, 1977, Opinion received the Award for Excellence from the Law Student Division of the American Bar Association for newspapers from law. schools with an enrollment of over 500. the law school Kathy Drumm, representative to the Law Student Division,. was on hand at the Division conference to .accept theaward on behalfof the law school and Oplf}ion^. Rumors to the effect that the Opinion award may be viewed at the office in room 623 from to 5 for an admission price of 50 cents are false. The correct admission price is 75 cents. Anyone interested in writing or taking pictures for. this rehowned journal is cordially invited to attend an Qpcn house in the first floor lounge of O'Brian Hall on Mpnday, September 26 from 3 pm to 5 pm. If you come to the meeting, you can sec the award for free and you might even - - , gel something to eat. handle the contract for a few of $200/year plus $5 per transaction. At the same time, all of. SBA's money would earn at least 5% interest, whereas Sub-Board disbursed funds earned no interest. Ms. Meridian arranged a meeting between Marine Midland executives and SUNYAB officials from the Office of Student Affairs. Despite initial enthusiasm from persons in Vice President 'SiggelkowV office (Student Affairs), negotiations so"ure_~when Marine Midland learned that it might be liable to cover any overdrafts which might result from the account. In actual fact, such be very unlikely since both in the past and under the contemplated arrangement with Marine Midland, a University official from the Office of Student Affairs would have to countersign any requests to disburse money. Additionally, such requests would be approved only after SBA officials had tendered evidence that the expenditures were authorized and appropriately charged off to a valid budget line. The other areas of uncertainty which resulted in cessation of negotiations with Marine Midland included the actual types and method of record-keeping to accompany any such account. Marine was apparently unwilling to assume responsibility for bookkeeping and the annual audit which is required under University regulations. With discussions broken off between SBA and Marine Midland, VP Meridianresumed negotiations with Sub-Board, Inc., in an attempt to establish a temporary service contract while SBA sought a permanent replacement for Sub-Board. Initial problems to be surmounted in such a contract included the fact that Sub-Board was installing a new computer system which they said would not accommodate an organization such as SBA for less than a full year. Discussions with Sub-Board are still continuing. As this story goes to press, the SBA still does not have an approved disbursing agent for fiscal year 1977-78. Unless and until an ageht is appointed, the SBA and its sibling organizations cannot disburse any funds. Thus, at present the SBA is left with these alternatives: 1) Sign a full year contract with Sub-Board for a $4000 fee; 2) Attempt to persuade Sub-Board to enter into a short-term contract until SBA finds a replacement disbursing agent; 3) Enter into no contracts and be unable to s-pend any funds. Noteworthy in selecting the first option is that lheaddition.il 42750 expenditure lor disbursement fees paid to Sub-Board would mean a reduction in budgeted allocations to SBA organizations of around 15%. Such an eventuality would doubtless create substantial inter-organization arguments over SBA funds, especially since the original budget requests of over $36,000 were sliced to $26,707 last year so that revenues could match disbursements. Thus, it appears that the new treasurer to be elected faces the spectre ol inability to spend money or severe constraints on available resources. Orientation '77 Freshmen Captivated The Fall 1977 Orientation Program for incoming students at the law school was well attended by faculty and students, old and new. Dave Brody, coordinator of the jirogram, stated that the program' was successful in providing an opportunity for } newcomers to meet students and faculty here at the law school. Additionally, it gave the 230 incoming students who attended a chance to become familiar with the UB campus andO'Brian Hall. The Orientation Committee was especially pleased by the good turnout at orientation events by upperclass students and faculty members. The Orientation. Committee began in February of 1977. as a group of interested students trying to improve the quality of the first-year program at UB Law School. Joined by some faculty and administrative staff members, they combined their energies and ideas to plan the program of orientation for Fall 1977. Meetings took Continued on page 4 �The construction of temporary parking lots comes as a welcome relief to all the commuters to the Amherst Campus. However, the need for such a measure at this time raises many doubts as to the quality of planning and forethought that went injto this creation. In a climate where thirty below windchill factors are not uncommon.lt seems quite sadistic to insist that all those fools who decide to attend class must brave a good quarter-mile walk across unsheltered field. (Perhaps the architect is related to a frost-bite specialist at Buffalo General?) No doubt the law students of the second and third year have been spoiled by having their own parking, cafeteria (complete with underground entrance hall) and bookstore. These students are now going into shock because there are no parking spaces at 8:35 a.m., longer food and book lines, crowded lunchrooms, and space-age drinking fountains; this has given rise to some very alarming law student demands. Among these are: 1) that a section of the cafeteria be exclusively reserved for law students; 2) that the first two parking areas be designated for law parking only. These requests are unreasonable and unwarranted. The former because it's more fun to sit surrounded by fun-loving undergraduates than grumbling law students; the latter because it could too easily degenerate into a law school caste system, with professors in the first row, Law Review in the second row In closing I would like all to bow their heads'in memory of the wonderful mural on the old cafeteria wall. So many' J of' our tax dollars were indulged in that 'Although the wall rt6"jbhger rst'ands, I wonderful work have been assured that the mural was carefully scraped off the plaster by Mr. Food Service himself, before the wall was demolished. . ... Thank-Yous On a more serious note;4havC/*r>/cwt«affiwoijld'rifc«V mo'friiriV tO thank a'fr'trio'se'members of the administrative support staff who make the law school run. We are not referring to the VlP's whom most students, even the most library-bound, must notice whether they want to or not. We are talking about the individuals to whom we all run when things go wrong, i.e.: "It took me 45 minutes and a crow-bar to get my locker open and now it won't close. What should I do?" "I graduated three years ago and I still haven't received a grade in Tax I. Can-you help me?^ "I'm supposed to pick up the supplement to chapter 7 of the casebook, the supplement to the supplement, and the preface and introduction to the Code ..." "I would like to make an appointment with Professor Al Way Zaut. I work downtown Monday, Wednesday, and Friday; I have classes from 9:30 to 5:30 Tuesday and Thursday, yoga classes Monday night, Trial Technique Tuesday night, Law Students' Consciousness Raising Wednesday night, Curling Thursday night; and I visit my fiancee in Nutley, New Jersey every weekend. When can Professor Al meet with me?" Students actually wonder: why secretaries get upset when they are asked at 4 pm to type a "short" seminar paper (about 57 pages) by 5 pm the same day at no cost to the students. We would just like the staff members to know that we appreciate their efforts to make our lives a little easier as we struggle through the ordeal of trying to get a legal education. to take a journalistic " Editors-in-Chief Editors Photo Editor ' Editor's Note The following is a letter by Jeffrey Licker, originally sent to the Vice President of Student Affairs. It is reprinted here due to its importance to all law students. a completely new budget. This would take five additional 7b: Vice President ofStudent Affairs weeks of the Finance Committee's time, at the beginning will be of\ the academic year when the committee As you might'be aware, the Student Bar Association deliberating on fee waivers which is a topic that the uses the services of Sub-Board as its recognized disbursing university has received complaints of untimeless and thatI agent, and as such Sub-Board has voted to increase said have promised will be taken care of in a timely fashion this disbursing fee. Prior to this change in rates, SBA was being year. Third: that a quadruple increase cannot be justified, charged at a rate of 5% of all monies disbursed. As far as I nor can an 18% disbursing fee be justified and finally, if can trace SBA's budget we have never disbursed more than SBA is not allowed at this time to contract with another $22,000 in any one year, thereby making our maximum disbursing agent, that our constitutional rights to contract disbursing fee to be approximately $1,100. With the and right to due process will be violated. Therefore, on behalf of myself as treasurer, and a present rate increase, SBA will now be billed at $4,000 per year. This figure is almost four times any previous fee and majority of the executive committee of the SBA, subject furthermore represents approximately 18% of our entire to approval of its board of directors, am respectfully 1977-78 budget. I am told that this figure, which is quite requesting permission to seek a new disbursing agent, To large, does not include costs of the Sub-Board secretary make myself perfectly clear, I am not referring to any of which we are billed at $15.00 per month or the Sub-Board Sub-Board's other activities for which we pay an allocati6n allocation fee of $1,200. All in all Sub-Board will be fee, but am only referring to the disbursing function of Sub-Board. receiving approximately 20% of SBA's total budget. ->. My proposal for a new disbursing agent is simply any Before presenting you with my complaints—a~nd proposed solutions, let me set out several premises that I bank which operates a joint savings and checking account am working from which are based upon information and system. All monies would be deposited into the savings belief. First: that the disbursing and allocation fees paid to account by the university and can be transferred to the Sub-Board are completely separate and distinct. Second: checking account by SBA. However, to withdraw»any that if SBA were to hireanother disbursing agent we could money from the savings or checking account would require continue paying the allocation fee and maintain services the signatures of both the agent of the university and the provided by Sub-Board. Third: that to contract with a new treasurer of the SBA. Thus the procedure for approval of disbursing agent, SBA needs the permission of the disbursement would take no radical change from the president of the University or the vice president of student methods now used. Namely, SBA would submit a budget affairs. If any of the above premises are incorrect, please to Student Affairs and we would submit vouchers for approval to Student Affairs. The only two changes would inform me of such. My complaints are several and have greatly disturbed be, instead of an REP, Student Affairs would sign a the executive committee of the SBA. First: we received triplicate; voucher «nd sign a check and instead of sending untimely-notice-of the meeting to determine the proposed ftlVSuVßoard it would be sent to the bank. At the end of increase; this has been disputed by Sub-Board and it is the year or at any time the university sees fit it may audit possible that campus mail is to blame. Second: in any our accounts. Thus, instead of SBA paying an 18% event, Sub-Board voted the increase after SBA had passed disbursing fee, we would be paid interest. I feel that this"is its 1977-78 budget and in fact after the close of the a very reasonable solution which procedurally does not academic year. Therefore, if SBA was to agree to the significantly change the status quo. increase and since there arc no more board meetings until I sincerely hope we can work this matter out as the the beginning of the next academic year, and since we are executive committee will recommend to the SBA's Board required by our constitution to have passed a budget of Directors that they not pay the fee. Therefore, if no before the close of the previous academic year, and are arrangements can be made by September, it appears that required by the university to present a budget by August, the 1matter Will have to be settled in the courts. J w.c,£qjjld .got/comply «4Jth-JWs\jncrease withoutre-writing I thank you for your attention on the master." - No Thank-Yous . 23,1977 SBA-Sub Board Dispute Explained by Former Treasurer Editorials Vol. 18, No. 1 September Opinion 2 September 23,1977 Kirn Hunter John Simson Becky Mitchell Dean Silvers Randy Chavis Staff: Mike Buskus, Lawrence Ross, Sheryl Reich OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the Sute University of New York at Buffalo School of-Law, lohn tord O'Brian Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. OPINION is funded by SBA from Student Law Fees. Composition: University Press at Buffalo *"? I • . ' Can field Issues Challenge to Student Body 7b the Editors: Some Challenges to the Student Body — Dean Headrick has asked me to help develop student life at the SUNY/Buffalo Law School. I feel privileged to be able to become involved with students and student organizations for that purpose. This year I will be especially interested in the problems of student organizations and the SBA, in the Minority Program, in student counseling and in the dual degree program, as well as a variety of other activities. I would like to see the law school student body become "pro-active" as well as "pro-learning." The two go hand in hand: There is, after all, literally room enough for everyone to do his/her own thing. If one wishes to spend the day in intellectual retreat that can be done; if one wishes to turn political, that can be done. My goals, Of course, are not everyone's goals, nor should they be. Yet I have hopes for the law student body. I want it the following way: to be active and exciting i— to be participant based and supportive of student interests and needs to be innovative to be communicative between faculty, students and staff to be outgoing, beyond the law.school to be intellectually stimulating and gratifying I challenge the SBA to represent the wfiolc student body; I challenge each student to stretch his or her interests and become involved somewhere in some way, beyond the nocm; I challenge students to work on their problems until they are satisfactorily resolved; I challenge each student to help build the law student body through a personal approach or through committees or organizational structures;.! challenge students to go after help when they need it. Query faculty, fellow students or administrative staff for help, if you needj/it and when you need it. You should know that the SBA has appointive powers to faculty committees. Nearly every committee from the Appointments Committee to the Mitchell Lecture Committee needs students. - - 'Jeffrey Licker At least three committees arc open at large to students. Students may join the Commencement Committee, the Student Life Committee or the Orientation Committee by leaving their names with Cindy Halm in Room 312. Students who wish to join faculty committees should contact the SBA office on the first floor. The Buffalo Legislation Project, Law Review, Moot Court, BALSA, Women's Law Society, International Law Society, Opinion, National Lawyers Guild, Puerto Rican Law Students Society and several other organizations as weir as the SBA directorate need students' interests and help. An important committee is the Faculty-Student Relations Board, composed to develop faculty-student relations and to solve problems. The FSRB needs active students. One of the tasksof the FSRB this year will be to re-design the course evaluation format. One of the functions of my office will be to serve as a communicative vehicle along withr Opinion for special events related to the law school or student life. (Minor items should be posted on the boards). Bi-monthly, my office will issue law school notices to the student body. Faculty, staff or students who have organizational information may leave it with Cindy Halm for publicizing, providing that it is announced three days prior to the activity and that it is legibly written. I encourage students who want to talk problems ;or ideas over to come into room 31 i, to the Placement Office or room 313, the Registrar's Office. Students who wish to know more about the dual degree, about scholarships, general administrative policies or university affairs can arrange an appointment or drop in as the schedule is open. I hope this will be a challenging year for you as a freshman, junior or senior student. The opportunities for each student to become pro-active are there intellectually, interpersonally and in student affairs. From the administrative end we will be helpful within our capabilities. From your view, I hope that this year will challenge in the past. you beyond what you have experienced Allan L Canfield j Assistant Dean forStudent Affairs Room 311, O'Brian �September 23,1977" Wlkakt Opinion 3 ®ff Tteftt W®gy Short Torts University Plaza University? Carl Cavage announced today that he would fight fire with fife. Unhappy with the treatment he's been getting in the Courts, Carl has decided to give UB a taste of its own medicine. At a news conference this morning, he issued- plans for his new university, University Plaza A & M. The University will be located in University Plaza, and will offer everything from Contemporary Jewish Culture to be taught at the Deli Place to Diseases of the Gastro-lntestinal Tract to be taught at Your Host. Super Duper will offer a MBA degree featuring courses in business and marketing particularly on a large scale * called: Super Marketing. At Cavages own store various guest lecturers will appear: Dr. John will speak on Rock n ' Roll Diseases; The Rolling jjStones on the Sociology of Deviancafand many more. Students will not hav«o pay tuition, but instead will te required to purchase four albums per welk. jf — - — Dear NASA, I am writing to you because I would like to be the first lawyer in Space. NowJhat this Shuttlecraft is operable, I truly believe that you need the aid of a qualified attorney in sending it around the galaxy. Don't get me/wrong, I'm not one of those shuttle-chasers you read about; however, you may need some expert legal know-how in the event that the shuttle does have an accident on the way to who knows where. For instance, say we dent a Venusian Shuttle while parking on Jupiter. As an expert on Extra-terrestial Vehicle and Traffic Law, I could save the Earth an awful lot of time and trouble in the Galactic Court. Perhaps the Solar Police will accuse us of Space Pollution. Once again, I have done much work in Environmental Law and would be invaluable. I have also donea lot of work with illegal aliens. Need I say more? In closing, I would just tike to reiterate, < Amherst's Famous Phoenix Forest. Each year these incredible trees are chopped to ground level. Like magic, fully grown, healthy trees seem to appea instantly from the stumps. (One such tree is shown in background.) Rainbow's Revised Law Student Dictionary Foreword: The Rainbow editors resolved early in the summer to attempt to ease the burden placed on incoming students in adapting to the rigors of law school. As former freshmen who had stumbled over many a Latin phrase, we were especially concerned with the language barrier. We realized that in past years first year students simply did not have the time nor patience to sit down and actually look up the strange new words with which they were confronted! It was with, all this in mind that the editors, in association with friendly Maryland lawyers, developed this dictionary. We believe it provides an alternative source for clear and concise definitions of those terms vital ,to the understanding of most ■"',,':.' freshman courses. ~,;..,-. i,„.ri *«.,* ~,,,, i suutiwu acwurin ijili.if; 9m rtu iiotllliuiih IUOV _ri.UtW-?i lot uwy / i ADULTERY ' . . —,A period following adolescence , Here at the Western New Yorker — A lawyer who bungles cases in a loud voice ANNOTATED CODE - A summary of those few cases in which the Court has followed , ADVOCATE the law. - . ARBITRATION In the interest of time and economy, the parties give up their right to be heard by a judge or jury. Instead, they are heard by persons not qualified to be either judge or juror. CAPITAL PUNISHMENT-A sure cure for recidivism i CERTIORARI - 't - law - One whose prejudice has not been discovered - I agree with what you say, but I will deny to thedeath your right to say DISTRICT COURT EQUITY : A writ designed to make more certain that error rises to its higher level. COMPETENT JUROR DEMURRER .. ,\ - Where the jurisdiction is inferior, but the attitudes are superior - An undefined area where everything comes out all right even in spite of the ESTOPPEL - Illegal procedure designed to draw your opponent offside GOLDEN RULE - Get the fee first - A mistake in your favor HOSTILE WITNESS - One who persists in telling the truth JURIST - A judge who has ruled In your favor PLEA BARGAIN - A time saving device in which the uncertainty of trial is exchanged for thelikelihood of a reversal HARMLESS ERROR - - SENTENCE -The final declaration in a criminal case; it has a definite subject, a questionable predicate, arid, usually, no object TRIAL DE NOVO - A re-trial in which nothing changes but the testimony WARRANTY - A conditional ZONING promise in small print - The proper regulation of other people's property ALTERNATIVES LAST CLEAR CHANCE apply it in New York - _ that I am not interested in chasing shuttles Engineers;" people who chase ambulances if a really good collision should like to be called "Attorneys;" people who there, I would be more than build ugly buildings like to refer to them as happy to pick up that extra work too. Plants. Yours truly, If one notes the two most provocative Cepio Three external areas of O'Brian Hall, one is well From the Folks Who Brought You Fake aware of a study in contrasts. On the one Lake hand is the "planned forest," all but died People who plan Universities should not out (and replanted) (and died out) ..." plant trees. At least this is the theory, of j. "Those trees look like they were planted, Edgar Ligniform, an expert in Fir-Rows. J.. by The Queen of Hearts,'' a? Edgar thought the notion that they should well-known law school cynic. ]~... lyhabVio* plant trees was probably rooted in the fact On the other hand, there is the swamp, that the structures these people build are Home of Skunks, migrating ducks, and now called physical plants. No one knows other social undesirables. This swamp how this came to be so, although it is continues to grow. Its plant life flourishes, probably just one function of the Law of its ducks mate, and its pail is still frozen in Self Aggrandizement (see Much v. More the ground for years of law students to 286 N.Y.S. 2d 19). People who collect come. Swamp we salute you. garbage enjoy the title of \"Sanitation per se, but happen up / The so-called "Humanitarian doctrine" We choose not to Karl Marx, Robert Gordon, Hadley and Hawkins v. McGee, the action in Baxendale notwithstanding, reviewing assumpsit, indicates what aberrations a lack history with a modern, disciplinarian of information about sexuality can really .approach can frequently reveal hitherto lead to. Had the Court been more in touch inexplicable phenomena, legal or with its own sexuality, it would have otherwise. Economic, psychodynamic, dismissed the defendant's counterclaim, anthropomorphic, and mythical-structural knowing that the reason hair had grown on approaches, for instance, all help to shed his hand was the same reason he had light on why certain legal decisions were pimples, was listless, and was probably' made. Wijthout benefit of these tools, they going- insane: He ; was communreatingl would still be considered to be arbitrary, sexually with a member of his own body. ■''•' to laughable, even inane. A recent article in Quite interestingly, the great surge of the Cumberland Law Review led us to the railroad tort cases at the turn of the purveyors of an admittedly unique century can be taken as an expression of a approach. We called the authors, Willie rather free-wheeting sexuality, mostly on Makeit and Betty Dont, and asked for the Great Plains. The trains were allowed permission to reprint parts of their article, to run" across the country in a entitled "Homocrotic and Audioerotic devil-may-care fashion, and not one court could or would stop them. Alluding to the Reinterpretations of History." "Homoerotic," as defined in Brown's need for growth, indeed, they were not to Dictionary of Legalese (Brown is, of be restrained. (The confused reader-- is course, the noted author of Legalese with hereby referred to ;Giorgio dcChirfeo for Ease and Teaching Legalese as a Second symbolic references.) '•'" Smith v. Comm'r., the hobby farm case, Language) is that senseless twelve hours of arguing and posturing which men engage in spoke for those regressive tendencies in this every day, in court and out, and which country who want to make it extremely they seem to derive so much pleasure from. uncomfortable for those people who enjoy "Audioerotic" is actually a species of playing with themselves. There docs, of homoeroticism, enjoyed most often by course appear to be a conflict among the judges, who not only get pleasure from circuits, since Commonwealth v. Malone, hearing themselves talk, at length, but note the Roulette case, indicates that no one is a directly proportionate relationship from too pleased when you play with a friend, volume-intensity of screaming arid the cither. Finally come two cases which signalled pleasure derived thereof. It is necessary to understand the the start of the Women's Movement. interplay between the audio and' Campbell v. Wentz, the carrot case, homoerotic experiences to appreciate what signalled the end of exclusivity contracts, most often accounts for otherwise though it was unclear whether that was going to apply to anything but carrots. off-the-wall decisions. (What follows is a list of the most Peevyhouse v. Garland Coal Co., however, interesting applications of that approach puts us-on firmer ground. Having witnessed from the earth (woman), Ed.) the birth Roto-Lith, Ltd., v. Bartlett, the the parents (Peevyhouses) • wanted the wet-pack spinach case, is basically a evidence of the suffering banished. pre-Griswold last-ditch attempt to make a Garland, the progressive force, insisted that strong anti-birth control statement by the the scars' remain exposed, so that the New England court. Expressing the experience could be seen by all who all-too-familiar attitude of individualistic, profited from the suffering. You know, the not-quite-post-50's America, the message good with the bad. was,> essentially, il the bag breaks, it-syour * ■•*4 * » » Continued on page problem. ' ' - - ' - " �September 23,1977 Opinion 4 Here at the Western New Yorker Continued from page 3 We found the following article in a recent Why Wait, Litigate issue: PUT NEW LIFE IN YOUR REGULAR FOURSOME Has your weekly criminal defense trial gone stale? After prosecuting and defending against each other so often, have the members grown too familiar with each other's games? Here's how to revitalize your matches It was a scene I've seen repeated in criminal courts all over the U.S. The judge, district attorney, defense attorney, and indigent defendant were doing a trial, but were going through the motions as if hypnotized. They, were so bored they weren't thinking. They were close friends and played together twice a week for the past four years. That was the trouble. Too much sameness. Ho hum. They were not only bored but because discouraged and disillusioned they knew they were no better litigators than they had been three years before. Once upon a time they believed that the more they played,' the better they'd become. It hadn't worked that way. No improvement. Blah. One of the attorneys was a friend of mine. Between witnesses I asked her, "Why don't you have fun?" She looked blank. I went on: "Why not liven up your case? Try something different, Break the .. - monotony." Opinion "You mean like dancing a jig, or swinging from the fluorescent chandelier?" "Don't be dense, Jane. I mean using better tactics. Doing some maneuvering. Instead of standing around, force yourself Open House Monday, September 26, 1977 3—spm a little." She looked perplexed as she walked up to the witness stand. As long as I had known her she had had a pretty good cross-examination style. But she never she usually just intentionally varied it plunked the probing question down right in the middle of the court. And then, invariably, she stood waiting to see where the return would come. If it came towards her, within reach, she'd react. Otherwise, she was statuesque. Evidently someone had convinced her long ago that she couldn't or shouldn't advance towards the hostile witness on re-direct examination. I guess she wasn't aware that modern attorneys can take/that tact and feel comfortable. Most attorneys defense attorneys and prosecutors, too allow themselves to fall into that kind of rut. Especially those who are part of a fixed foursome and seldom play with anyone different. When opponents are always the same, there's a big danger of doing without thinking same discovery, same plea offers, same evidence rulings, same offenses. If that The l: irst floor Lounge O'Brian Hall - - Refreshments All interested students invited - - happens to you in your regular group, analyse what you're doing. Ask yourself how you can mix up and get more variety in your caseload. BAR REVIEW COURSE FORUM Representatives from all bar review courses will be available to discuss their programs with interested students on Friday, September 30 at2PM. Watch for posters announcing the location of the forum. L. to R. First year directors Cathy Kaman, Mike Shapiro, Ted Donovan, Patrisha Armstrong, Faith Miller, Missing CharmaineBissell. SBA Elections Continued from page 1 Cathy Kaman hopes to use her position said. Funding of some of the law school clubs-xould be more equitable, according to effect some change in the. status of women in the law school. There is a "long to Bernstein. "I'd like to be in a position to do way to go" before women in the law something with the money so that all the school are accepted on an equal level, she said. students will benefit," she said. !_^ Two common goals expressed by most "There's a big difference between being of the new djrectprs werp increasing a woman law student arid a law studeht," communication between the she said. Approximately 33 percent of the administration and students and finding a A solution to SBA's financial problems. student body voted in the "I wanted to be an active link between total of 241 votes were cast; 95 first year the student body and the faculty," Faith students, 106 second year students, and 40 Miller said. third year students. � Anyone wishing to play tennis Sunday nights at the Spencer Discloses New Library Regulations ROOM stacks, a marker indicating the location of these volumes must be placed in the stacks. Duplicate volumes of the same work are Karen Spencer, Audiovisual librarian not allowed to be kept in the conference and law-library liaison with students, has rooms. All materials must be properly disclosed in a letter to the Student Bar reshelved when the room reservation has Association the official library policy for expired. The audiovisual librarian will reserving student conference rooms in the library. periodically check the conference rooms to Under this system, student groups, such insure that the regulations are adhered to. as Moot Court competition teams, may Noncompliance with therules will result in request reservation of one of the reshelving of the materials and cancellation conference rooms for a period of up to six of the reservation for the room. Rooms that are reserved will have a weeks. When such a room is not in use by the persons reserving the room, it is open notice to that effect posted on the door of to use by all other law students. that room. Student groups wishing to Special regulations apply to any library request such a reservation should inquire at materials that users might wish to the reference desk in the library. All such temporarily leave in the conference room. requests will be forwarded to the When any volumes are removed from the Audiovisual librarian. LIBRARY CONFERENCE POLICY DETAILED Foxes nor Lawyers by Linda Wagner "The town used to brag that it hadneither foxes nor lawyers." from an Anglo-American history textbook — It's from the above quote that local attorney Len Klaif draws the title of his weekly radio program on WBFO (88.7 FM). Neither Foxes Nor Lawyers broadcast Wednesdays at 11 am, features news and interviews on the law. Klaif, who received a B.A. in Economics from SUNY/Buffalo and a law degree from the University of lowa in 1972, contributes his time and talents to WBFO as a volunteer programmer. In private practice since 1973, he hahdles primarily criminal cases through the Klaif and Korman law firm in Buffalo. In addition ,to Klaif's program on law, prospective lawyers should find much of interest on WBFO. National Public Radio's (NPR's) morning news at 8 am each weekday and its All Things Considered nightly newsmagazine at 5 pm daily help the civic-minded /to keep up-to-date on events of public information. Other public affairs and arts programs, weekdays at 11 am and 6:30 pm, often deal with topics of law and social policy. _ -' i - Buffalo Tennis Center i should contact J. Simson • 833-4453, 5 8PM. Prices are very reasonable. i between S—BPM.— iAbout 20 students and faculty or friends are needed Orientation '77 . Continued from page I .Hanny's Eagle House Hotel, of 5578 Main St. in Williamsville, provided free napkins, sweet&low, and coffee stirrers for the coffee hour. The general impression received from new students was that they were glad to have participated in the program, and it is hoped that many more benefits will be the classrooms. derived from the continuing orientation The Orientation schedule came off as meetings for first-year students on Friday, planned, and everyone seemed to gain September 16 and 23 in the Moot Court some enjoyment and/or assistance from the Room. The first meeting will feature a panel discussion and a fluestion/answer activities. The Orientation Committee expressed session. The second meeting will deal with its gratitude fot-the contributions of some curriculum/career planning. individuals and groups. The third-floor The Orientation Committee would like secretaries, Audrey Koscielniak, Cindy taemphasize that orientation is a process Halm, Cleo Jubulis, Linda Nadbrzuch, and whicfKrequires constant re-evaluation and Lilly Nelson, were indispensible. Joe planning >n order to be effective over a Krakowiak, of University Student Affairs, number of years. Feedback from Students gave much helpful advice and also supplies is encouraged, in fact, necessary. A meeting from the general orientation program of is planned sometime in mid-October for the University. Premier Cheese and any students pr professors interested in Gourmet Foods, Inc., of 2965 Delaware improving the orientation' process. Avenue in Kenmore, provided supplies for Comments need not wait Until that time, the wine and cheese party at cost. The however. Dave Brody, Helene Antel, and Doughnut Kitchen, of 2534 Bailey Aye., others 'from last year's committee are •provided half of the doughnuts for the around and are interested in feedback. Tuesday morning coffee hour for free. place throughout the spring semester, and during the summer. In late June, a meeting was held with first-year professors John Schlegel, Richard Bell, L. Thorne McCarty, and Jacob Hyman to plan ways of improving the intellectual atmosphere of the school by creating bettef lines" of communication and relationships outside ' ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-09-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 18 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/23/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/34f09a884230a64ec780b61f3bb8385d.pdf 35863a6e537ed13325dc64c2d83ca753 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14:60 Volume 17, Number 12 Opinion State A University of New York at Buffalo Schoolof Law Personalizing Orientation The Orientation Program for incoming students this year will consist of a I two-day orientation program on August 30 and 31, and a continuing / orientation follow-up as the semester progresses. Second and Third year / students who met during the Spring of 1977 recognized from prior / experience that the major focus of the August orientation days should be / to help new students become acquainted with the law school building, / their fellow students, their professors, and life in the Buffalo area. / Preliminary questions about law studies will be answered, but most of / the academic orientation will take place in smaller meetings with / faculty and student advisors after classes have started. This will give / new students a chance to find out what their problems and / questions are before being confronted with persons offering / assistance. / One of the major complaints of students at the law school is the / difficulty of meeting people and establishing meaningful / communication and relationships here. As a means of combatting / this problem, the orientation committee is striving to organize a / program which will help newcomers to meet each other, and / upper class students and professors right at the beginning. First / year students are therefore encouraged to attend this / orientation and take advantage of opportunities which are not / available once classes get underway. / ; TUESDAY 8:30 10:30 , / Class meeting with Dean Headrick. Small group tours and section meetings. / Tours: Find out about the law school, library, / administration, student organizations, the city of / / Buffalo. Section meetings: Meet your teachers and find out / what will be expected of you ifiyour first semester. / Some class assignments will be handed out. / 3:30 Free time. / Take care of business, relax, explore the rest of J the campus. / PARTY*** 9:00 Time to meet your classmates and prof's. Come alone or bring a friend. - / Join us for Coffee and Donuts. 9:30 continued on page sixteen / AUGUST 30 / / / / Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 July 12,1977 �HELP! EDITORIAL Welcome to O'Brian Hall! The Opinion staff and the Orientation Committee have put together this summer issue to introduce some of the faculty members with whom you will have the good luck or misfortune to contend, to acquaint you with the law school and university at large, to report on law student organizations and activities available to you, and to show you that things other than blizzards and unemployment do go on in Buffalo. Law school is quite an experience, and we hope that some of the information herein (you might as well begin to get used to legal jargon) will make the good times better and more frequent and the bad ones easier to cope with. If your journalistic dreams have been thwarted by your decision to go to law school don't give up hope. You, too, can become a member of the Opinion staff at no extra cost! This distinguished publication hits the stands bi-weekly (usually on Thursday), and the more student input we have for each issue, the better Opinion will be. As an added incentive, we have a great dart board in the office that can be used by or against each s"taff member. If you are interested in working on the paper, please visit us in Room 623 during orientation from 10 a.m. to 4 p.m. and anytime during the semester. The editors of Opinion and the Orientation Committee would like to express their sincere thanks to Becky Mitchell for making this issue possible. Good luck to you all in the coming semester! — Vol. 17, No. 12 Editors in Chief U| JilllOl 1 luly 10, 1977 ! Editors Kirn Hunter John Simson Rob Ciandella Becky Mitchell Dean Silvers Business Manager i Photo Editor Ted Firetog A.D. Scoones Staff: Mike Buskus, Sharon Osgood, Sheryt Reich and Larry Ross. Contributors: Orientation Committee Composition by University Press tit Buffalo Design and Production- Meyrowit//Williams 2 Where To Find It - Charles Wallin, Registrar, 3rd Registrars office Floor, O'Brian. Allen Canfield, Assistant Dean, 636-2057. Orientation Information Room1 311, Tel. - Dave Brody or Arlcne Antel, c/o Allen Canfield's office Bulletin Boards: — — Official Notes, Placement — 3rd Floor — Job Openings, Placment Information. Financial Aid - 3rd Floor- Financial Aid ■ Information and deadlines. Housing — Ist floor lounge; 6th floor next t0.608. 3rd floor Registrar Grades, Class Changes. Class Notices 2nd floor assignments and Schedule Changes. — ' Class Student Messages Ist floor lobby, 2nd floor near library, 3rd floor across from registrar's elevators. office, 4-7th floors opposite — — Dean's Office 3rd floor Official notices from the Office of the Dean. Survival Guide: University student association publication giving information on life in Buffalo: what, when, where, how, who, how much, etc. To be handed out at orientation. Law School Handbook: To be handed out at orientation. Copies of old edition may be available at the registrar's office. - Information Table at Orientation directions, personal contacts with other law students, etc. University Information Main Street Campus. ' - Ist floor of Hayes Hall, �A Message From The Dean Education has many rituals. One of the more cliche—ridden concerns the welcome of new students. Usual.ly they are invited to join in a great adventure to explore worlds unknown to them and perhaps to all mankind. They are told at length about the glories of completing the degree arid remaking some corner of society. One gentle voice within me says: observe the ritual; it is expected; it does not hurt. Another voice says: drop it; give it to them straight. In lawyerlike fashion, I come down in the middle. A legal education does open doors, both for your intellect and for your ambition. Our concern is with your intellect. If we do our job and you do yours over the next three or four years, you should acquire a metal agility and toughness that enables you to form and dissect legal and factual arguments. You should develop a good map of the law that prepares you for locating any client or institutional problem in its legal as well as non-legal context. You should learn how the legal system workds, not just how it appears on the paper of constitutions, statutes, and codes, but how it really operates, how it affects people and institutions. You should expand your capacity for learning quickly about a problem and for picking up the knowledge and information required to find a workable solution, which may nbt always be a legal solution. You should gain some experience, vicarious and actual, in wrestling with the sometimes competing claims of client and conscience, for you will have to serve both masters in your legal career. The State University Law School exists to provide education for lawyers who will become leaders in the professibn and in the larger society. If you see the end of a legal education merely to be getting the J.D. and passing the bar exam, your legal education will be a failure. It is most likely that you will become a legal mechanic. But if you come to see legal education as one means to understanding how our society in its infinite complexity functions, both well and poorly, you will have begun your way towards becoming a leader. You will have taken the best from the legal education that this law school provides. You can become a leader or a mechanic. It will depend on how you choose to approach your legal education. Our curriculum had many doors awaiting only your push to provide openings for both your intellect and imagination. Together, the courses and the faculty offer extensive opportunites to develop^ your mental agility, learn the legal map, study how the system operates and expand your ability to learn quickly and to deal with competing moral claims. Choose well, choose broadly, and good luck. Thomas E. Headrick Dean 3 �Getting A round Buffalo and the Law School Dean's offices, are located on the third floor. These offices will be open during business hours on week days during the summer. Professors' offices, and offices of student organizations are located primarily on the fourth through seventh floors. There is no building directory so one usually must ask on the third floor if a particular person or office is sought. The Amherst Campus is three miles north of the Main Street Campus, which is located within the city limits of Buffalo. During the summer the university provides buses traveling between the'campuses- on week days. Schedules are posted on the sixth floor of O'Brian and at Squire Hall on the Main Street Campus. In July, the majority of U.B. will be refocatcd to-the new Amherst Campus. Until that time; however, the student union and the administrative offices of the univercitv will be still on the Main Street Campus. ' I ransportation around the Buffalo area is fairly easy if one has a car. Maps may be obtained at Squire Hall on the Main Street Campus, or in Norton Hall on the Amherst Campus. Marine Midland 'Banks usually have good maps as well. Buses travel up and down Main Street regularly. Bus stops are marked by yellow signs and yellow painted bands on lightpoles. It takes roughly a half hour to travel from UB tcr the downtown business section on Main Street.--The Greyhound Bus Terminal is on Main Street, near downtown, and a bus stop is across the street at which one can catch a bus going north to ÜB. Main Street buses are identified by a number 8 in the front. Other Metro Buses which a law student may be likely to use are: 25 Delaware. Avenue, 30 Kenmore,.9 Parkside/Zoo, 13 Kensington, and 19 Bailey. You can write to Metro Bus: 855 Main St. Buffalo, N.Y. 14203 for schedules. Also, many banks carry bus schedules, and the major bus stops downtown have schedules posted for major routes. ■—~ — O'Brian Hall is the center of the law school universe. If in-coming students plan to visit the school during the summer,-it will be helpful to know a few things in advance. O'Brian is located on the Amherst campus at the corner of Millersport Highway, and Maple Road. You will probably have to acquire a map of the campus, or rely on the advice of friendly natives, in order to find your way around. Inside O'Brian, the first floor contains large lecture rooms and a student lounge. The second floor is where the entrance to the library may be found, along with academic bulletin boards and smaller class rooms. Administrative offices, such as the registrar's and 4 — - — — Housing Good housing can be found at many prices in the Buffalo area. The market fluctuates so it is hard to give now for the late summer, but a few hints are in fee Buffalo is a working class city. A lot of individuals own two or three houses and rent them' for supplemental income. Asa result, rental agencies often their services. For these reasons, you will probably be �2) Get a map of Buffalo. Many banks have them and we will have a limited supply at Mr. Canfield's office at the law school, Rm. 311. Try to orient yourself. The laws school is located in the relatively wealthy suburb of Amherst, north of the City of Buffalo. Housing here is not cheap, but usually of high quality. There is little public transportation out in Amherst and most stores are located in malls. If you have a car and the money, Arrtherst may be the place for you, but you will have to travel for both entertainment and your personal needs. If you travel southwest on Millersport Highway, which runs along the east side of the Amherst Campus where the law school is located, you will run into the corner of Main St. (Rte 5) and Bailey Aye. (Rte 62). Running southwest from this corner is the Main Street Campus of U.B. This comer also marks the northern boundary of the city of Buffalo. The area around the Main Campus, especially to the South and West, for as far as you can walk in about 20 minutes, constitutes the major area for student housing. Housing here is not especially cheap when you consider the quality of many of the homes. Unfortunately, location drives up the cost of living in this area. It is extremely convenient for those who don't have cars because the University maintains a shuttle bus to the Amherst Campus at no cost to students. There is also good public transportation right off campus going downtown into Buffalo. The university, area has a variety of shops, restaurants, banks and services, too. •Main Street is really the main drag for Buffalo and useful for map navigating. It runs along the west side of Main Campus heading southwesterly into the heart of the City. If you follow Main Street to the other side of the railroad tracks to the southwest of campus, you find another good housing area, west of Main Street and south for quite a number of blocks. Loosely, this is the Hertel' Avenue Parkside Avenue area. Housing is cheaper here and the neighborhoods are quite lovely in spots, but it is really too far to walk. Taking the bus to Main Street Campus every day can be expensive at 40 cents (exact change) each way. Another landmark in Buffalo is Delaware Park. It is bounded by Amherst Street to the north and Delavan Avenue to the south. It is west of Main Street and east of Elmwood Avenue. The park is large; it has a golf course,playing fields and a large lake. The Buffalo Zoo is also located there. The Art Museum and Historical Society are located on the west end of the lake. This west end of the lake is also near Buffalo State College which is on the west side of Elmwood Avenue. The student union here is a good place to check for housing in the area, usually known as the west side. The west side area ruhs south of Buff. State for a long ways. This area is cheap to live in and is very popular with students. There are strong communities here with lots of services, but it is a long drive to the law school from here. — These are just the major areas that are populated with students.. You should choose an area to suit your pocketbook and transportation needs. 'For1, law students it is important to remember that you need to be able to get all the way downtown straight down Main Street to the central Buffalo business district. This is where all the main courthouses are located and where most attorneys have their offices. This may not be so important for Ist year students, but if you plan to settle in one place for the next three years, it is a factor to consider. 3) A really good source for housing projects are bulletin boards, especially if you are willing to move in with other students who are looking for roommates,. Check the board on the first floor of the law school for possible housing with other law students. Check also the small off-campus housing office in Squire Hall (formerly Norton) on the Main Campus. Roam some of the other buildings on campus as many people hang signs all over. 4) Newspapers are another good source of housing leads. The Spectrum is the University student newspaper and has a classified section in the back. Buffalo community area papers also carry housing ads. These papers can usually be found in loc^al drugstores. The major citywide papers are the, Buffalo Evening News and the Courier Express which have a lot of housing ads, usually divided by regions. 5) While you are looking, where can you stay? The University runs a hotel during the summer. For a few dollars a night you can rent a dorm room while you look for a place. However, the 'hotel' closes August 31st. For information and reservations, write to: - Rick Schoellkopf Housing Office Richmond Quadrangle, Building 4 Amherst Campus SUNY at Buffalo Amherst, New York 14260 6) If you want to live in a dorm, write to Rick Schoellkopf (address as in 5) soon. Spaces are fillmg up fast. 7) Remember to check out leases carefully. Legal aid located in Squire Hall will look over leases for you. Find out if heat is included in your rent. In Buffalo, that is the major bill. 8) The University runs a small off-campus housing office in Squire Hall, phone no.: 831-5418. 9) Don't get discouraged. The best housing is often snapped up at the end of the Spring term because of 12—month leases. The earlier you get to Buffalo to look for housing, the better off you will be. It is hard to find housing for one person, so consider moving in with other students if they are quiet, etc. You might even want to find out from the Registrar who some other Ist year students are and try to room withthem. Good luck. 5 �Wide World of Torts by John Simson The following is a short list of explanations, perhaps apologies, for the way things arc done at Buffalo Law School. I was asked to prepare this short warning by the newly created Office to Make People Feel Good. They thought that since I was the last student accepted in my class, I could pass along that feeling of relative paranoia that one feels upon entering school, on the second day. (1 wasn't admitted until 4:00 p.m. on the first day of school). By the end of your first semester here, you will be able to glance back at this piece with a knowing smile and a wish that you hadn't lost as much sleep as you did to do as well as everyone else did anyway... - The Grading System - We do not have number grades only letters. Those letters are H, Q, D, and F. The D and the F mean what they always did, the H and the Q sort of a hybrid ABC. I had always wondered why such strange letters were necessary when ABC were well known, had been around for a long time, and had several other significant advantages. For instance, if B's were used instead of Q's, the typical first year student upon receiving all four first semester grades would not say "Oh Damn, Four Q's!" Classroom Etiquette The do'sand don't's of the lecture hall are quite important. It could mean the difference between 'a very successful career, and the professor giving you a dime to call your mother. (Actually at UB you'd have to use your own dime to call your mother)... Caution: There are many strategies available do not think thisis the only one. On the first day it is always good to make a nice impression. You will not do this by sitting motionless in your seat. If you can answer only one question, volunteering some information, you are - 6 flying. If by some strange fortune you answer correctly, your semester is guaranteed. You will never again be called upon until you raise your hand. The professor will know that you're the type of person who is prepared; and instead will pick on those persons who try to fake out the professor by remaining so still that most of the class would appear dead to .the untrained observer. (The furioussound of arms busily notetaking is the giveaway). I should probably pay tribute here to Ralph J. Stairsteps, a law student who remained so still during his first semester, that he never left his seat, never took a note, never moved from the lecture hall; and used the interesting technique of astral projection to satisfy all his bodily needs while in that position. I should add that the first day participator strategy does not always work. Many profs like to think that certain students can help them out; particularly when the quiet sections of the class are not responding. It is at this time that you are in trouble. To avoid being called on there are two options. Either look sick, or so preoccupied-shown by an extremely quizzical pose-making-it is obvious to all that you are about to solve some amazing legal puzzle, which of course you will share with the class as soon as it's worked out. Another Caution: Professors know that people who speak are dumb. The smart people don't waste their energy talking, when they're having trouble enough justwriting downevery word spoken in class. - You may fall asleep in class HOWEVER, it is impolite to rustle your New York Times while doing a crossword puzzle. It is likewise improper to raise your hand and ask your professor for a three-letter word meaning South Jamaican Ice Cream Flavor. Another criticaldecision made in the first year is where Co sit. The front row always seems too eager, the back row too slothful. Right in the middle seems to be right in the teacher's line of vision. Studies were completed by students of this law school, on a grant from the National Classroom Administration, and it was discovered that the sixth row optimal protection from pll-v irinl classroom enquiry, (professor's questions). With all of this in mind, I set out to the library where all legal secrets are kept. I found my source thumbing through Black's Law Dictionary. She smiled and said, "one of the greatest mistakes made by first year students is when they fork out the money for this book. I opened mine twice in three years." - McPinion: Tell me about it. Source: The first was to see what being a lawyer was all about. I wanted to know those principals that were so basic that the law everywhere, in every country, would acknowledge them.' Me: Sounds a little naive, I thought lawyers were trained to be the wizardsof principle, making principles sort of disappear into doves and rabbits, and... S I found out that the Law HatethNew Invention and Innovations Me that's why they Concordeland... won't let the S ThatLaw Hateth Delay... Me Really, it says that?.. .Lawyers are the only ones in the world who could take two years to make a three minute S Law Favoreth Public Quiet. Me When was the second time you used Black's? S To find out what Canfara meant. My crim. law prof said that anyone ,who didn't take the final could get a Q by Canfara. Me What's it mean? S It means I took the final. The Law Favoreth Public Quiet... �Here at the Western New Yorker by Sheryl Reich We happened to be having a drink in the Sutler bar last Saturday when the mock lawyers came in after the Trial Technique end-of-semester trials. Nursing our pre-dinner cocktails, we watched frosty glass of beer after frosty glass of beer disappear into the mass of gaggling student lawyers cum lawyers apres trial. The winners were excited, freely offering advice: "The witnesses mean nothing," said one. "You've just got to get the jury on your side, get them in your hand. You can feel it when you've got them. You and the jury, man, that's what it's all about." i A second attorney, less sure of having made it with'the jury ("I think I did, I mean, tell me again what it feels like"), thought that witnesses were very important."They've got to believe your witnesses. I mean, believe in a total way. You know, not listen to what they're sayirtg, but think they're nice people. Now take that doctor. Who could win with that doctor?" One victorious group was less able to pinpoint the determining factor in their success. 11 seemed more like a combination of improbablcs; A Gestalt, yes, but an uncontrolled, unvcrifiable one. True, they had slipped the pin out of the blackboard so that when the plaintiff's attorney went up to emphasize a point she got a gutfull of chalk; True, they were sexier than the other side's attorneys. But is life, after all, like Trial ' Technique? The losers all thought it was how you play the game, but how can you play a game when they start out with Broadway and Park Place and you're in Jail, your utilities over-regulated and you've just lost Marvin Gardens to eminent domain? What kind of winning case, for instance, has to rely on blind eyewitness? "You say the perpetrator had a moustache, but does our client have a moustache now?" Ah ha ha ha. Everyone thought this witness and adversary oneliners were great, but we noticed that the group was far out-living the other visitors to thebar. Eventually they wore down, the pre-trial nervousness changed to mid-trial arrogance changed to after-trial elation, or aggravation, or self-consternation, all otherwise. It is clear that water was his neutralized at the Statler bar. Great jazz undoing, as can be seen fromhis untimely every Saturday night Check it out. death. We have a friend who keeps a copy of A friend of ours sent us a news 18 United States Code in her bathroom clipping which reads remarkably like a Criminal Law exam. There were lots of and opens it randomly whenever the mysteriously unindicted co-conspirators, spirit moves her. She's been finding a a good deal of liabilitynecessarily heaped good" number of rather curious statutes, which she's suggested we pass along to onto individuals who were for onereason or anotherunavailable for the nomination our readers. SS 711, 711a, and 714 are of course, (dead or dormant); the inevitable kinky the nature statutes: Impersonation of sexual aspects were also present. Smokey the Bear, Woodsy Owl ("Give a It seems that the individual accused of having supplied the guns for the 1972 Hoot, Don't Pollute?"), and Johnny shooting death of Joey "Clams" Gallo Horizon ("a tall lean man with strong was found dead in hispool in Grenada, in facial features...") are our favorites. the Caribbean. Called "unsuspicious" by S 2198 forbids the seduction of a female the police, Mr. Palletto, whohad owned a passenger aboard an American vessel, but Chinese restaurant in Little Italy withhis subsequent intermarriage of the parties Cuban-American wife Mona, was at the may be pleaded affirmatively (heaven time of his demise, married to the knows they're not going to bring it up). S 45 disallows interference with an secretary of the Prime Minister of apparantly news to Mona. antwerp wearing a USN band (no relation Grenada Anyway, Palletto, one Eugene Elmer to a steel band, an FM band, or a driving Zeek, and Zeek's female companion, ban), and S 46 penalizes those who along with her two huge Rotweiller dogs, transport water hyacinths. 547 covers started a new life on the island. The pollution of a watering,hole, S 710 the Clancey's as they were known (it wasn't manufacturing of cremation urns for clear who the dogs were playing), owned military use, and S 2074 the issuing of a discotheque, a travel bureau, and a duty falseweatherreports. free shop. While we're at it, S 553 of the old New Mr. Palletto had, of late, found it York Penal Code (1909) forbade the necessary to undergo psychiatric publishing of a sealed letter which was treatment in Barbados after having been found in the possession of anyone who is noticed as behaving erratically near his seriously wounded, died suddenly, or boat basin, or for that boat basin in committed suicide. Thatlast doesn't seem particular, or that the behavior would to be included in the second, but don't have been called out if engaged in near worry no one was ever prosecuted for it, any sporting facility, aquatic or not one person. - - 7 �Pictured from left to right: Prof's JacobHyman, JanetLjndgren, R-.ii Allen, and Thorne McCarty. . Your Courses and ProfessorsProfileA The first year class is divided into three sections. Each section has four assigned professors who teach therequired first semester courses: Torts, Contracts, Criminal Law, and Civil Procedure. Torts is the study of law suits arising from the intentional or negligent acts of others. You will study the types of legal rights which may be protected by the courts. Examples of tortious acts are assault, battery, false imprisonment, and negligent acts which cause injuries. Contracts is the study of how the courts interpretand treat written and oral agreements. You will learn (hopefully) what is required for the enforcement of a contract by a court. Criminal Law introduces the student to basic concepts in criminal law. Definitions of basic crimes and their components will be examined, such as homicide* robbery, larceny, criminal intent, and what constitutes a criminal act. Civil Procedure is the study of the rules governing taw suits, and how the courts interpret diem. Some of the topics examined are jurisdiction of the courts over subject matter and persons, rules pertaining to how notice must be given to persons involved In the matter to be litigated, howdiscovery of evidence is to be carried out, etc. The following professors wilt teach section one courses: - -— Richard Bell Torts, L. Thome McCarty Contracts, Ronald Allen Criminal Law, and Marshall Breger Civil Procedure. Richard Bell, 34, received his bachelors degree from Northwestern University in 1964. He studied law at Yale, as well as doing graduate work in law and philosophy there. L. Thorne McCarty, 33, did his undergraduate work at Yale, and received his law degree from Harvard in 1969. He then did graduate work in mathematics and computer science at Stanford University. He teaches courses in Data Banks and Privacy, Copyright, Patent, and Trademark Law, Quantitative Methods in the Legal Process, and Economic Models in the Legal Process as well as Contracts. He is a member of the Massachusetts Bar, and has been affiliated with journals and publications such as Law and Society Review, jurimetrics Journal, Harvard Civil Rights-Civil Liberties Law Review, and the Yale Daily News. — Ronald Allen received hislaw degree from the University of Michigan Law School after graduating from Marshall University Virginia with a major in Mathematics. Allen teaches West in courses in Criminal Law and Procedure, Evidence, Federal Jurisdiction, and Constitutional Law. Marshall Berger is new at the University of Buffalo Law School. He received a B.A. in Philosophy and a M.A. in American History from the University �of Pennsylvania in 1967, and a J.D. degree from the U. of P. in 1973. Breger also studied at Oxford University, completing a thesis on "ThePolitical Theory of Technological Society." The professors for section two are: Joseph Laufer Torts, George Priest Contracts, and Jacob Hyman Civil Procedure. The professor teaching Criminal Law still has not been chosen. Professor Laufer has been teaching at this law school since 1957. His specialty is Tort Law, especially insurance and strict liability law. George Priest, 30, is a new professor, coming here from the Universtity of Chicago. He has taught courses in Antitrust Law, Remedies, Economic Analysis of Law, Regulated Industries, and Commercial Law. He has been involved in research on methods of measuring damages for breach of contract, the Litigation Settlement Model, the effects of the imposition of strict liability for product defects,and theoriesof price maintenance. Jacob Hyman, 67, was educated at ard University. He has taught courses in Constitutional Legal Process, and Collective Bargaining in Government, an has been a labor arbitrator since 1948. - E- - - - The following professors will teach section three courses: Lindgren - Torts, Alfred Konefsky - Contracts, Al Katz :iminal Law, and John Schlegel Civil Procedure. - Professor Lindgren, 30, has been wiUi SUNY at Buffalo Law School since 1973. She received her B.A. in political science from Macalester College, St. Paul, Minnesota, and went on to obtain a law degree from the University of Wisconsin. She has taught courses in Legislation, Torts, Remedies, American Legal History, and Legal Writings. Alfred Konefsky, 31, is originally from Brooklyn. He is a new professor at this school. His interests focus oh American Legal History. Al Kau, 36, has taught at our law school since 1969. He did his undergraduate studies at Temple University, and received his J.D. and t-L.M. degree at Berkley. He has taught courses in Criminal Law, Federal Courts and the Federal System, Evidence, Civil Disobedience, Self-help, and Coercion;Crime, Conflict and Community; and "Stealing." He submitted a special brief (argument) on behalf of the American Association of University Professors in one case, and on behalf of the National Organization for Women in another case. John Schlcgel, 35, received his B.A. from NoVthwestern University and his law degree from the University of Chicago. He has taught at Stanford University Law School and worked as a legal aid attorney in Chicago. Schlegel teaches Civil Procedure I, Commercial Law, and Judicial Decision Making, Public Utility Rate Regulating, and Counseling. �[Note: I recently learned that the following memo, which I wrote at the end of my first year in law school, has been regularly distributed to incoming students. My first impulse was to suppressit but have been persuaded otherwise by students who say that they found it helpful. would, however, like to I What They Expect From You by Grace Dlumberg qualify some of my early advice. I First, the memo was not written for all incoming students, but was instead intended for a small group of students who were expected to have more than their share of adjustment problems. Furthermore, even if the memo had been intended for all incoming students in 1969, they were, in terms of entrance credentials, quite different from more recent classes., The study methods suggested in this memo, while perhaps still useful for most students, may not be necessary for some members of the present first year class. Second, the tone of the memo is one of unremitting labor and considerable strain. While tension is unavoidable at exam time, the rest of the endeavor need not be particularlystressful. It is, I think, feasible as well as desirable for first year students to work no more than a slightly extended work week, i.e., 9 to 5 weekdays and one day of the weekend. If you use your time efficiently, there should be no need to give up extra legal interests, abandon your friends, widowyourspouseand orphan your children. The first year student needs two kinds of discipline, that of work and lhat of maintaining balance and perspective.] W r hat they expect from you That you will master all the material and that mi will be able to synthesize it and apply it to icrete problems. You will be required to do this under extremely adverse conditions, the final exam. How to master the material 1. Do exactly what they tell you to do. Brief every case. Read everything that is assigned. Since it is humanly impossible to read every case collaterally mentioned in class, do not bother to even write down the citation unless the instructor gives you the impression that you are seriously expected to read the case or says that it will be discussed in class. 2. Re-read each case or textual note until you feel you understand it completely. Take ample notes and brief each case in sufficient detail so that you can use it rather than the casebook when the case is discussed in class. Don't spend too much time pondering the questions posed in the ease notes. Many of them are frivolous, irrelevant or unanswerable. 3. How to read a case: Read the case checking off the essential points. Re-read the case to catch any points you may have missed. Then write your brief. This method is slow and tedious but it is effective. Do not be disturbed if you can only cover 5 to 10pages an hour since the weekly assignment in each course will usually be no more than 40 pages. 4. Use legal notebooks and write only in the right hand margin. If you have any questions, write them in the left hand margin. When the case is discussed in class, you wilt readily see the question. (If it is not answered in the course of the discussion and if you do not get a chance or are tooreticent to ask it, see the instructor after class. He will not mind and will 10 �.. — . Be prepared for eoch doss not because you will make a bod impression on the have not read the material instructor or embarrass yourself if you lack of preparation will defeat the specific type of education process used in law school. probably be very patient, particularly during the first month.) Put your class notes in the left hand margin. If you find you are taking extensive class notes which should not be necessary if you have briefed the cases and the instructor is not giving you additional material' you can use the right hand margins of only one side of the page and thenhave plenty of space for class notes. This way you will be able to keep all your material on any one case, class notes and yourbrief, together. About taking notes: if you are forced to make a choice between trying to write everything down the instructor says and trying to follow his train of thought, stop writing and listen. It is more relaxing — - and you will get more out of the class. ■ 5. A few thoughts on reading cases and writing briefs: a. Get the facts straight. Make a diagram. Who is suing and what doeshe want? b. Don't waste your time trying to anticipate what the outcome will be, particularly during the first few months. You won't know enough to do it with any degree of success; you'll only succeed in needlessly deflating your own ego. c. A case is an opinion, a statement made by a judge generally sitting on an upper (appellate) court in which he justified a decision the court has just made. Generally one man writes for the majority but there may be concurring opinions as well as dissenting ones. Always remember that you are reading a justification, even a rationalization, for a decisionalready made. The judge is writing the opinion to convince you that his decision was a good one; he is not writing with an open mind, not waiting to see where his learned considerations will lead him. He already knows. Be critical when you read. Is his approach logical? Is he stating the legal rules correctly? Are the rules trulyapplicable to the set of facts? Is he giving balanced weight to all the facts or is he conveniently ignoring some? At'first, opinions will probably seem faultless to you. You won't know where or how in begin to criticize them unless you simply morally disapprove of the decision. However, after a month or so you will be able to and should begin to intelligently criticize what you read. d. Try to understand all the reasons for the judge's decisions not just thereason he gives in his opinion. Are there social reasons? Economic reasons? Other reasons? What are the ramifications of such a decision? How will it affect people in the future? What do you thinkabout it? Ethically as well as legally. ts it reasonable? Is it fair? c. How does the case fit in with the ones you've already read? Does it add anything new? (It should, or it would not be in the casebook.) Does it represent a development or a change in the law? f. Regarding the specific formand content of briefs, there is a standard formwhich you will be taught in class. If you do not write well you can improve your style by carefully composing yourbriefs. If you do write well thereis no point in bothering about the stylistic quality of your briefs. —Although instructors place a great deal of emphasis on writing." Learn ■ "style," they simply mean "clear and concise not necessary to how to be direct, clear, specific and fluent. It is have a highly polished or literate style. Florid expression and be avoided. verbosity should — - . If you have had problems writing papers or exam essays, if your college instructors criticized your style or if it simply takes you a long time to set down your thoughts on paper, you should utilize every opportunity to improve your writing ability. Brief writing is a good opportunity. Because time pressure is a strong element in final examinations (for me it was easily the worst aspect), you must learn not only how to write well but how to do it very rapidly. W hether or not to attend doss 5y (This section is intended to apply only to those classes for which attendance is not its � � own reward, those classes you leave regretting that you did not spend the last hour someplace else.) Instructors will tell you that you are not compelled to attend class (true enough attendance is not taken) and that a studentneed not attend class and it will not be counted against him if he does well on his exam. This sounds all the more plausible when you consider that grading is anonymous. Each studenthas a number. It is difficult, however, to do well in a course that you do not attend regularly. While most of the covered material can generally be found somewhere or other in the casebook, the instructor normally uses classroom time to focus attention on the issues and areas he considers most significant. The final exam tends to reflect the classroom experience. — A ttending class Be for each class because you will MP^^on the instructor or a bad 3k make if you are called on and have 12Lembarrass read the material - but because lack of will of educationprocess used in law defeat the I prepared nol impression yourself not preparation specific type school. Theprocess is highly structured: a. They assign cases. totally b. You go home (or better, to the library) to read and brief the materials very carefully. You try to learn it yourself. c. You go to class. A student is called on to present his brief or the instructor begins discussion himself. In either case you get an initial chance to compare your comprehension with that of another person. There is general discussion and you get to compare your own understanding with that of the rest of the class. You are picking up any points you may have missed and you are engaging in a very important kind of reality testing. Do you really understand everything as well as you imagine you do? Or, conversely, if you suffer from lack of self-confidence (very common at first), do you really not understand as much as you fear or does one new fact or idea make everything clear? d. Over the weekend you review the week's work and things should start to fall into place. Do not be overly concerned if separate cases and materials don't seem to hang together on first view. It takes a while to make out the pattern. 11 . �They may be purposely intimidating you for educational reasons: to get across o^ point, to teach you how to approach a problem, or simply to make you work harder. - Now If you go to class unprepared, figuring that you will understand the material better after it is explained in class, you losing the most important part of the learning process, are teaching yourself how io learn and use law, and getting the chance to compare your level of comprehension with that of , your fellow studentsand the instructor. Why you have to learn how'to learn law by yourself: In law .school they cannot possibly teach you "the law." All they can do is survey selected topics and teach you how to learn the rest ■j yourself, When you have a research or moot court problem and ■when you finally practice law, no one will explicate the law for you. That is your job. Therefore, the most important work you do at first is learninghow to study and prepare the material that is given to you. hat they want you to learn \^\ [7Qn<* 'now m®°sure it \*L*f '■ maV seem a in course \f\jf ■ �. � • ttle late the of your intellectual development to start developing the mental equipment that will help you do well in law school. But I think that you can still develop essential areas and also not waste your time worrying about deficiencies you think you may have if they are inessential or irrelevant. For example, I worried quite a bit about my rotten memory. It seems to have made little difference. You will never have to remember a date or specific fact or even a case name. As oversimplified as it sounds, they are trying to teach you how to be "smart," to be a "smart lawyer." To understand ■" certain legal principles, to understand the reasons judges state and leave unstated for deciding as they do, to understand the social, political and economic results. They want you to be clairvoyant to see through what people say and do in short, to be "smart." They measure your success by your ability to organize and articulate your understanding and perceptions. You must be able to do this. I've already suggested careful brief writing as one exercise. Papers, written exercises and practice exams (even though they don't count) are good ways to accumulate skill 1,, before the godawful test of all you've done, the final exam. Examinations are practical in the sense that you are usually not asked to write essays about cases you have studied or about ~; developments in a certain area of law. Rather you are presented with a massive factual situation (sometimes amusing- the only redeeming factor) and you are asked to be a lawyergiving legal advice to one party (always taking into account the adversary's yOI case) or to play a judge, decide the case and write an opinion; Two to six such problems make a three-hour final. If you are well prepared, there is no time to light a cigarette, drop a pencil or pause to choose one word rather than another. The only way to avoid the pressure of time is not to know too much. But thatis also the surest way of failing. As far as I have gathered, most teachers do not have a m preconceived notion of the answers. They read over a tii substantial number of papersand thendecide that, for example, ma twenty point question, there «re ten relevant points. Each ! - ■ ; - ' _— ~ _ 12 - point you hit gets you a check mark. Ten check marks give you twenty points. It is easy to see that no matter how thoroughly or even brilliantly you explicate any one point you can get no more than two credits for it. The object is to hit every point you can quickly but amply enough to show the instructor you understand it and then to move on. It usually takes a maximum of three to four sentences to get your check mark. Instructors talk a great deal about "organization" but this term, like "style," is a glorified misnomer. To me, true organization means analysis, reorganization and synthesis. They don't mean anything so elaborate. Since the problems are factual and have a beginning and an end, "organization" simply means "in order." Start at the beginning and end at the end. Take each problem in sequence. Don't jumparound. Avoid too many afterthoughts (but you can pretty much get around this problem by leaving the left hand pages blank and writing in your afterthoughts as they come to you across from the place on the right hand side where they should properly be located). Develop each issue rather than each party's separate case. For example, A sues B, C, and D. Discuss A's claim. Then do B, Cand D's defenses and possible counterclaims on the issue A is presenting. Then go to B's claim and look at it from each party's point of view. Complete the issue B raises and move on to the next. Think of square dancing. DO NOT classify all of A's claims and defenses on all issues and thendo the same for each other party. (I used this method on my first practice exam and got an F.) Break down each series of events into the smallest possible independent events and-issues and discuss the legal possibilities of each one. Build upon your conclusions if it is appropriate. A simple example: "Having bought a house from B, A discovered the roof was rotten and now refuses to pay." 1.Discuss the sale. Was it valid at all? Was it conditional? What were A's and B's rights under the contract? Under tort or . contract law? 2. Discuss discovery of the defect. What did it mean legally? ', �As oversimplified as it sounds, they ore trying to teoch you how to be 'smart/ They wont you to be clairvoyant short, to be 'smart.' 3. Discuss A's refusal — to pay. What does it generally? Whatdoes it mean in light of the defect? to see through what people say and do mean Don't be afraid to mention the obvious or elementary aspects of the case; In fact, you must do so in order to get a good grade. Most instructors refuse to assume that you know anything that you do not put down, even when you go on to discuss1, 'more complicated and sophisticated aspects of the question. This is partly due to the check point system of grading., It seems to me that a person could write brilliant answers .and not even pass if he did not devote sufficient timead verbiage to the obvious and elementary aspects of the problem. Make a point of mentioning the relevant irrelevant, that information which is not so remote as to be intellectually meaningless but is in fact meaningless in practical terms for the given situation. Imagine thatit is stated in the problem above that B can prove he knew nothing about the roof whenhe sold A the house, B did not intentionally conceal the condition. Do not ignore the law regarding intentional concealment. Say something like "It's too bad A won't be able to' show intentional concealment. But if he could have done so, A's rights would be ..." There will be from 2 to 6 questions. You are not obligated to take them in order. I am the only person I know of who habituafly mixes up the sequence but I don't think I've even been penalized forit. (Actually, who knows?) ■ 1. Read over the exam. Take the easiest question first. You arc probably very nervous and ought to show yourself a little consideration. After you finish ihc first question, you will hopcfylly feet more relaxed and be better able to handle the harder questions. If there are some definitions or short essays, you mighi try them for a start. 2. you have now read over the exam and picked your first question. If it is a scries of definitions or one paragraph essays, read each one carefully twice before you answer. You'll waste less time being overly scrupulous at this point than you would reading,everything once, making just one error and having to re-write an answer. If it is a factual problem essay: a. Read the whole question through twice, very, slowly and carefully. The second time through start to underline the most significant points. b. Read it a third time, writing in the margins. Make notes all over your essay question. Keep reading it. The points will emerge before your very eyes. Read it until you can't find ■anything else. If the whole exam is only composed ofitoovery long problems, you may have to handle them in sections. The instructions will generally indicate how to break them down. C Always keep in mind: LThis problem is not life. It was made up by an instructor to test you. It will usually not contain the irrelevancies of a true life situation (even if it seems tp contain them, treat them as mentioned in the rotten roof problem). Every fact probably has some significance. Try to exploit every because fact, even if only to say, "This fact is not important Don't decide something is not important and disregard it. of a is, course, this situations, (Even though outside of exam I ' ..." . — in wasteful pattern of thinking. Remember that exam taking is a highly artificial and styli/cd activity.) 2. In a problem with 50 facts you are being given a minimum of 50 stimuli. Respond to as many as you possibly can. Relate each fact to as many parties as you can. Given 50 facts and 5 parties, you could hypothetically have 25O1ssues. Since, it is considered more important to recognize problems than to devise sound legal answers, concentrate on defining the problem. But do not entirely neglect to suggest a solution or course of action if one is requested. For example, you are given an elaborate factual situation and you arc asked to play judge, to make a decision and write an opinion. You are expected to analyze all the facts, apply correct legal principles and come to some sort of decision. Very often it doesn't matter whether you decide one way or the other, although your reasons for making either decision will be important. Don't worry about the "right" answer in this sort of case. Your decision could rival Solomon's for wisdom and you could still fail if you didn't treat each and every problem in detail. If you have a choice "between two equally good paths to opposite decisions; take the one that will give you the greater opportunity to showhow much you know. If you are convinced the correct or wisest decision is the one that allows youvery limited opportunity to display your wares, say so and then go on and do the other one. 3. Disregard for the ultimate solution or decision is. not, however, a blanket rule. An instructor whohas spent more time practicing law than teaching it may be more concerned about the soundness or usefulness of the advice you would give a client in a "and now advise your client" question. 4. Time You'll never have enough time to do a really good job. Students cannot do their best in the lime allotted unless they don't know anything to begin with. The more you know, the greater the strain will be but the better you will do. However, the more you know, the more likely you arc to feel disappointed and feel that you have not done well. If you arc well prepared you should anticipate this feeling and not worry exccssively(in fact, not worry at all) between the end of finals and grade distribution one monthlater. - 'flow to prepare for finals I 1. Keep up all term. Do all your briefs and finish all LJ U2. Spend all Christmas vacation making course ]|j papers by Christmasvacation. outlines and studying. Get together with a study group. Stay in Buffalo? Don't go home for more than a few days, if at all. You* won't be much fun to be with anyway. 3. Take your exams. 4. Take thebest vacation you can afford with all the money you've saved by staying home and studying all the time. Course outlines Ideally, you would make an outline of every week's work all term long and then you would have them ready by Christmas vacation. However, it will take 13 �Quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making an outline will keep you awake, even alert. The same is true for writing briefs. It's much harder to fall asleep with a pen in your hand. you quite a while to learn enough to know how to make a meaningful, useful, intelligent outline. You'd probably be wasting your time if you began on them before Thanksgiving. Also, making up outlines is a good way of reviewing material and premature review would not help you to study for finals. Furthermore, quite a bit of your work will be tedious and boring. This is particularly true of reviewing. Making an outline will keep you awake, even alert. The same is true for writing briefs. It's much harder to fall asleep with a pen in your hand. Dealing with your feelings I You will probably experience a wide range of feelings about your personal worth, adequacy and development during your first year. I will try to sketch tne range of feelings I felt personally and give you a second-handversion of those expressed by my friends. You are probably starting with a cautious but slightly anxious optimism. This may surviveorientation (which seemed to me an exercise in absurdity and intimidation). "If you all work hard and do your best, you can all be in the upper half of the class." A certain fatalism is suggested: some people have it and some people don't. "The front door is broad (admissions) and the back door (graduation or really surviving the first year) is narrow." In fact, it is rare that a student actually flunks out. Most "failures" give up and quit school. Your early class experiences will probably convince you that you have absolutely no aptitude for the law. You miss the obvious. You didn't even notice the most significant fact. It is all so transparent, as your instructor repeatedly points out. Just remember 1. Your instructors have had a lot of practice at this sort of thing. 2. They are not only showing you how clever they are hu,t have themselves been taught by clever instructors and have probably read outside sources on each case or issue. 14 3. They may be purposely intimidating you for educational reasons: to get across a point, to teach you how to approach a problem, or simply to make you work harder. 4. They may be intimidating you for non-educational reasons such as personal aggrandizement or sadism. They may simply be entertaining themselves at your expense. This is not too common but I'm sure you'll sec it occasionally. If you are progressing as you should, after a month or so you will begin to feel more competent about your ability to handle the material and participate in class. After 6 weeks you will have practice mid-terms. You should take them just seriously enough to get some practice. Don't be distressed by a D or an F. I find thatmuch easier to say than I did to do when it happened to me. It took me a couple of weeks to regain my lost confidence and the grade was not even an accurate prediction of how 1 eventually did on the final. Therefore: 1. Use the practice exam for the purpose the name syggests, for your practice and convenience. It may take you a while to get used to their bizarre method of evaluating you. That is why you are taking the practice exam. People arc not born knowing how to take law school exams and life docs not prepare you for the event. 2. Another reason not to take the grades too hard, particularly one poor one: The instructor may just be trying to discourage some aspect of your presentation and may be penalizing you more thanhe would if it were a real exam. 3. If you do poorly, see the instructor right away and find out why. Don't brood over it. 4. If you are afraid that you will be very upset if you don't do well and that not doing well would seriously interfere with general studying efficiency, you might be better off not taking the exam or not handing it in for grading. If you decide not to "take" the practice exam, make sure you pick up a copy, takeit home, study it, write out a careful answer, discuss it with your friends and the instructor. Get the practice without the pain. In retrospect, thatis the way I would have doneit. The next time you may not be feeling your best is just before and during finals. If you feel you are perilously close to complete collapse, bear in mind: 1. You have every right to feel that way. You are being asked to show how much you've learned in conditions that range fromadverse to inhuman. 2. You are not unusually nervous, stupid or weak. No one feets very good. 3. You will probably not feel that youdid very well at all. The nature of the exams is such that it is your relative rather than absolute accomplishment that will be judged. (He is first in his class. He did the best "bad job." Everyone else just did worse.) 4. There may be several correct answers. Don't discuss your answers right after you take the exam. (Particularly avoid overbearing people who are determined to convince you that their answers [different from yours] are absolutely and uniquely right.O After you finish finals take a vacation as far away-as you can manage to go. �Law Student Activities INTERNATIONAL LAW SOCIETY First, the International Law Society would like to welcome you to U.B. Law School. Second, the I.L.S. would like to offer you this membership pitch. The I.L.S. is a. student -run organization devoted to the fields of International and Comparative Law. The Society is, itself, a member of the Association of Student International Law Societies; our membership brings with it numerous advantages, 'ranging from general information about International Law to the Jessup Competition (an inter-school Moot CourtCompction). Within the law school, the I.L.S. serves as focal point for Ihe school's International Law program. The Society's Faculty Advisor, Ms Virginia Lcary, is an Assistant Professor of InternationalLaw at U.B. Hence, as one might expect, the I.L.S. is a must effective means for dissemination of information to studentsinterested in International and Comparative Law. The Society's activities last year included sponsorship of speakers at the law school and participation in the lessup Competition. As a result of additional funding, the I.L.S. was .ilso able to send two law students to study at the International Institute of Human Rights in Strasbourg, France during July. In Cacti participation in the Strasbourg Program has become something of a tradition for the Society. This year, the I.L.S. is making plans under a new constitution .md Executive Board. The Board members elected in May are: President Irene Schall, VicePresident Larry Cohen, Secretary Katie Surgalla, and Treasurer Ted Firetog. Plans are being made for meetings with other International Law Societies, membership for the Society in the American Bar Association's International Law Division, and a career workshop in International Law. Publication of an International Law newsletteris scheduled to begin this Fall. • Now for the real pitch If you're interested in International Law and would like to participate in any of our activities, I suggest that you speak with an I.L.S. Representative at orientation and come to our first meeting. The Society is small enough for your membership to make a difference and large enough for your membership to . matter. The Moot Court sincerely invites all thoseinterested in the skills of brief writing and appellate advocacy to attend and learn more about the organization that improves and refines both. ■ JEWISH LAW STUDENTS ASSOCIATION We at the Jewish Law Students Association want to welcome you to this Law School. As most of you will probably soon discover, a law school environment can be quite different from any that you have experienced in the past.. You may find yourselves faced with problems and opportunities unknown to the outside world. v In the past our organization has been active in\ community—based projects. With the help of a local Synagogue \\ we have instituted a regular class in TalmudicLaw. In addition, 1 j we now operate a legal assistance center for senior citizens. This tj program gives our students a chance to get practical experience l'< in the Buffalo community, while working under a practicing attorney. This year the goals of our organization will focusJI)V additionally on the social sphere. We hope to make possible a ~, community atmosphere within the law school itself, as well as, H with neighboring areas. To improve the general social life of all law students will be our goal, and for this we need your help and support. Feel free to come down to room 10 in basement, meet our members, and make yourself a part of the organization. We exist only for the enrichment of your and you should include yourselves in planning activities. Again, we welcome you to the school, wish you luck, and -^ invite you' to become involved in this organization. , ' BUFFALO LEGISLATION PROJECT (BLP) Have you worked in Albany or elsewhere for a N.VI I legislator or an Assembly Committee? Would you like to have contact with various public officials and theiraides, and to learn""*' about the N.Y. Legislature? If so, you may be interested in joining the BLP. The Buffalo Legislation Project (BLP) is a law simian organization offering research, analytic and drafting services to B state and local legislators at no cost and on a non-partisan basis. The BLP accepts several projects each semester to which arV^ editor, several members and a faculty consultant arc assigned.'^ Projects are accepted and then assigned to editors and on the basis of student interest and feasibility, faculty" consultants' are arranged for by the project editor of project on the basis of faculty expertise and availability. Project work consists primarily of research and writing. Other activities may include testifying at a public hearing of meeting with a legislative project source in Albany, Buffalo Sr v wherever the source is located. The BLP provides students with an opportunity to work on their research and writing skills-.. while learning a bit about the legislative process. Students participating successfully in the BLP for three full semesters will receive three credits towards graduation for their work. In the past projects have included researching alternatives to the money bail system, drafting statutes to decriminalize the-! possession of marijuana, revising Buffalo ordinances to comphf* J 0' members'1"' MOOT COURT The Moot Court of the Law School will be opening its T977 be held house the Orientation —forall78 season withIstan openstudents. The open house will consist at to incoming ye^jr of an informal presentation by Moot Court Board members concerning the activities of the Moot Court, including the various National Competitions we enter and our own Mugel Tax Court Competition held every spring. The mechanics of the Desmond Competition, held eachNovember and open to all Ist and 2nd year students, will be explained. The Desmond Competition is the selection process for becoming a member of the Moot Court Board. In conjunction with the Desmond Competition, a videotape of last year's oralargument finals held before former New York Court of Appeals Judge Charles Desmond and present Court of Appeals )ustice Matthew |asen will be shown. cacH^ with constitutional standards for the first amendment, working on a consumer law handbook for New York State. anJN*1 —^"n 15 �Interested students may apply for membership in the Spring semester. Notices will be posted concerning application procedures at that time. If you have any questions about the BLP, please feel free to drop by the office in Room 724, O'Brian Hall anytime. ASSOCIATION OF WOMAN LAW STUDENTS The Association of Women Law Students is another SBA—supported group. As a focal point for the school's 30% women, we function on a variety of levels as we try to accommodate a disparate group of people and needs. During the past semester we met informally over coffee hours and brown-bag lunch times in order to discuss the problems, and good times, we were having as women in the law and law school. The Women's Bar Association of Erie County sponsored a wine and cheese get-together where we were able to discuss jobs/careers/problems with women already in the profession. Through theaid of SBA we were able to send delegates to the Women and the Law Convention in Madison, Wisconsin. Next year we are interested in doing a number of projects which will involve working with the court system in Buffalo. A handbook outlining the procedures a battered spouse would have to follow in order to bring claim in Family Court is one such project. We will continue placing students in Family Court as observers, and in Legal Aid as volunteers. Our association with other women's groups in the City will continue to be a source through which we can begin to use some of the skills we are beginning to learn. We have a number of activities planned for Orientation, and as soon as school begins in the Fall we will be holding a career seminar. Hope to sec you then! BUFFALO LAW REVIEW The Editorial Board of the Buffalo Law Review would like to take this opportunity to welcome the members of the incoming class of 1980. The Review is an international journal publishing scholarly articles of legal interest by students, faculty, and other members of the profession. The Review serves three important functions. First, it provides law students with an intensiveresearch, writing, and editorial experience that is otherwise available in the Law School. Second, the Review is a forum for scholarly thought'and debate of great importance in the legal community. Third, the Review is a major representative of the Law School in the national {and international) academic and professional communities. The members uf the Review are second and third year students, who receive threecreditsafter successfully completing Orientation - continued from page one WEDNESDAY, AUGUST 31 Take care of details. Buy books, take I.D. pictures, finish registering, enter into special orientation their Review obligations. Membership is on a competitive basis. Though the membership criteria fluctuate from year to year, the two factors generally given consideration are the entire first year's grades, and the results of a writing assignment which applicants must complete in the Spring of their freshman year. Review membership entails both responsibilities and rewards. The responsibilities include the completion of whatever tasks are necessary to produce the journal and to maintain the Review as an ongoing, viable organization, as well as the production during the first yearof membership of an article for publication. The demands on time and energy are considerable. The rewards include the personal satisfaction and the education which are the by-products of the hours spent at these tasks. The members of the BuffaloLaw Review, 1977-78, would like to wish you all a year of excitement and fulfillment. Best wishes as youembark on your professional careers. — Ken Gartner NATIONAL LAWYERS GUILD The preamble to the Constitution of the National Lawyers Guildstates that the Guild "is an association dedicated to the need for basic changes on the structure of of our political and economic system. Consistent with this aim is the Attica Prison Project undertaken by three Guild members at the University of Buffalo: Jerry Paun, Alice Mann, and Hillary Exter. Working with New York State Prisoners Legal Services, this program will entail a basic training in order to perform routine case work such as habeas corpusand appeals as well as to deal with other personally oriented inmate problems. The group will also be doing research for impact litigation on prisoners rights, trying to establish institutional change~while safeguarding individual rights in such areas as the misuse of solitary confinement. A third area in which this group will work is the coordination with legislative action committees from Attica and Auburn in order to bring about change in the New York prison system through the legislative process. A second Guildproject to be established in the near future is a community educationproject led by Buffalo attorney Bob Godlove. This project entails Guild members,and possibly other attorneys, going into communities and talking with community groups about their legal rights. This prpgram will involve education in such areas as the proposed Senate Bill 1 and housing law. - Bill Brooks At 1:00 pm the Puerto Rican and Oriental Students Association will meet. The National Lawyers Guild will present a program on alternative approached to the legal system at 2:00 pm. Locations of, all meetings will be announced at orientation. At 9:00 there will be a wine and cheese The Association of Women Law Students will party for the student body and faculty. show a film titled "Joyce at 34." The film will show every hour, on the hour, from 10:00 am to 3:30 pm. At 3:30 interested students and faculty are invited to a During Orientation the cafeteria at Norton Hall discussion on women and the law. next door will be open for meals and snacks. There will be a meeting of students who have been out ofschool for a number of years. The Black American Law Students Association Lockers for Ist year students are located in the will hold a special orientation for minority students at basement of O'Brian Hall. Be sure to bring a lock and 11:00 am. claim a space before all lockers are taken. v programs. * * � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-07-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 7/12/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5c153a69d8b3555f35ea4a50ca3c1959.pdf c43543cc9bcfac573cae0b08e2e1524a PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 Volume 17, Number 11 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law April 28,1977 Law Review selects new editors California judge to address law graduates A California Juvenile Court Judge who, by the age of twenty, had served time in a reformatory, jail, brig, and a padded cell for incorrigibles, wi|/ be the guest speaker at the 88th UB Law School Commencement exercises at 3:00 p.m. on Saturday, May 28, at Artpark in Lewiston. Joseph N. Sorrentino has been associated with one of the most prestigious law firms in Los Angeles, and was recently featured on the NBC television program, 60 Minutes. Sorrentino was born and raised in Brooklyn, New York. The son of a retired street-sweeper, his boyhood was marked by clashes with authorities. He flunked out of high school four times, went through thirty jobs, was booted out of the Marines in a pink suit, and finally endedup a golden glover in professional boxing. He was called a "title threat" by the New York Daily News. Suddenly Sorrentino's seemingly pre-ordained bad end received a jolt. He enrolled in Brooklyn's Erasmus Hall night school and graduated with the highest average in the school's history. Later, as a student at the University of California, Jie became the-student body president and graduated magna cum laude. He then reenlisted in the Marines and entered Harvard Law. School after an honorable discharge. He became Valedictorian of Harvard Law class of 1967." Sorrentino's valedictory address was reported around the world Selections for the new Editorial Board of (he Law Review have been announced. The new editors, pictured above, include: and termed the most moving graduation address of the year by Time Front row Neil Cartusciello, Russell Brown, David Reitz, David Ascher; Back row Lou Faber, Tom Carey, Phil Clarkson, Steve Gerber, Kevin Major and George Williams. Also chosen, but not pictured, were Ken Gartner, Sandy magazine in a feature article. Since graduation from Harvard, Sorrent;no attended Oxford, served with the US Jobs Corps and the O'Laughlin, Phil Szabla, Colleen Butler, JohnCostetlo and Jim Mucklewee. US Department of Justice, and taught law at UCLA. He has written his autobiography, Up From Never, as well as two other best-selling books. - Increased SUSTA funding projected by Connie Farley Law students eligible for the State University Supplemental Tuition Award (SUSTA) will probably get a total of $900 toward their spring semester tuition instead of the $720 originally credited against their bills, according to Registrar Charles Wallin. The additional $180 will be credited to the accounts of students who have not yet paid their spring tuition, but students who have already paid in full must apply to the office of student accounts for a refund, William Calhoun, director, told Opinion. Financial aid officials administering the program had been uncertain until last week about the exact'amount each student would get from the limited funds available. Delays in processing Tuition Assistance Program (TAP) applications in Albany were the source of the uncertainty, since only law students eligible for maximum TAP awards of $300 per semester receive the additional SUSTA funds. Until the financial aid office had the precise number of eligible students, it could not divide up the $237,000 in available funds, Joseph Stitlweli, Director of Financial Aid, explained, adding that most TAP applications have now been processed. The $900 figure is subject to final approval by the University Financial Aid Committee, which at press time, was scheduled to meet April 27. But Wallin said he anticipated no objections to the new figure. Refund applications may be made in person at the office of by mail, according to Calhoun. Refund request forms are available at the office but are not necessary for mail requests, he said. Refunds will not be made for at least six weeks, he added. ft also appears that SUSTA for law students will continue at least through the next school year. The state legislatureincluded $237,000 for SUSTA in the 1977-78 state budget approved April 1. Although the funds are not specifically earmarked for law students as they were last year, financial aid officials say this was apparently an oversight that can be corrected with little difficulty in the legislature's supplemental budgetpresently under consideration. Financial aid officials are unsure about what criteria will be used in distributing future SUSTA allocations, according to Stillwell. They are reluctant to continue to award it on the basis of TAP eligibility, because, that emails waiting at lean until September, when TAP awards normally come through, and in the event of delays such as this year's, 'he wait is much longer. Since it is riot known at'this timehow many students will qualify for 1977-78 SUSTA, no estimate can be made as to the amount of aid each will receive, Stillwell said. student' accounts or - Dean proposes long-term changes Buskusand^ The option* presented in the Louise Tarantino plan were broken down into The future of SUNYAB Law Garden Variety Models, which School includes its development envisioned retention of the from a "garden variety" traditional law school program, institution to a school capable of with heavy emphasis on large class "turning out lawyers better courses and substantial reliance on equipped to deal with lawyer's i the case-book type of doctrinal work," according to a proposal analysis, and the Buffalo Models recently formulated by Dean which place greater emphasis on Thomas E. Headrick. clinical programs and seminars and are designed to integrate the Dean Headrick's proposed traditional content of large "mission statement" was courses with smaller, more undertaken in compliance with a balanced faculty/student ratio request from Ronald F. Bunn, situations resulting in a reasgnable Vice President for Academic balance of curriculum. In support of the Buffalo Affairs, that SUNYAB deans and provosts develop a future Model, which he favors, Dean statement for their respective Headrick outlined specific areas in which the plan should enable schools. Before adoption of a final SUNYABLaw School "to become a mission plan, Dean Headrick distinctiveand clearly better law presented an interim proposal to school than any that we have the law faculty for discussion and known," Headricksaid. Among the major areas treated decision. in the Buffalo Model are: adjustment of the faculty salary Addressing the alternatives available under his proposal, Dean structure to make Buffalo more Headrick informed the faculty of competitive with major law his belief that "the time has come schools and to alleviate the high for a clear, consciouschoice:either turnover among the present this law school is going to lead a faculty quiet revolution in legal education, or it is going to put a refined tenure process to away its rhetoric and tend its afford job security to established Western New York garden in professors relative peace and with some a law school commitment to contentment." augment the library collection, "Tentative, partial, and including restoration of cancelled incomplete attempts only bring publications and new acquisitions frustrating and diverting internal to complete gaps in the collection tensions and lead to costly and support for recruiting disruptive losses of faculty and (incorporating minority recruiting recurrent disappointment," Dean policies) and placement office Headrick added. functions by Mike - '' '— — — - - better integration of faculty research efforts renewed support for interdisciplinary programs within the University, including participation of non-J.D. graduate and undergraduate students in law school classes greater emphasis on clinical programs, seminars andi related co vrse offerings (counsel ling, arbitration, negotiation instead of - litigation) in -classreduction courses. emphasis of large According to Dean Headrick, adoption of these points would result in "a good mix of traditional and innovative approaches that would mark off our school and our curriculum frbm the rest of the law school world." After presentation of the proposal to the faculty, discussion and debate centered on various including academic issues freedom. In response to this faculty concern, Dean Headrick emphasized that implementation of the plan would depend upon "voluntary participation by groupsof faculty members."Dean Headrick added that "toleration of diverse styles and methods of teaching would be a hallmark of the Buffalo Plan." Once the final draft of the mission statement is complete, Dean Headrick will submit it to Vice Presidnet Bunn for approval and co-ordination in the overall plan for the University. * �April 28,1977 OPINION 2 Letters to the editors I Editorial Self Evaluation Committee seeks feedback whatever recommendations may _lurn oui lo be appropriate. In the The latest issue of Opinion 'meantime, Ihe Commillccis eager noted that the Faculty has lo be informed of any concern established a Self-Evaluation among-lhc sludcnls or staff thai Committee to look Into a variety events or procedures In of matters relating to connection with the School's discrimination on grounds of sex activities and program might be or race, the procedures in the Law seen as discriminatory in purpose School for dealing with such or effect. Any sludenl or slaff mailers, and the possible need for member aware of such a condition affirmative action to correct the" may consult with any member of results of conditions arising out of the Committee, whose names pasi actions, whether or not listed below. At this point, the deliberately discriminatory. The Committee is not prepared to take' Committee membership has now any particular role in individual been completed, and Ihe instances, but, as indicated, it is Committee is in the process of anxious to get some sense of the examining current policies and range of problems that might exist practices with a view lo making in order to consider appropriate To the Editors: New Opinions To begin our on a non-controversial note, we decided lo sidestep all those pressing issues like stealing from the Library, cheating, and the survival of the Law School. Therefore, we would like to express our gratitude and thanks to Connie, -Tanis and Louise for their Opinions. We hope that Opinion can continue to be a vocal and effective advocate for student concerns. In order to do this we need your help and interest. If you have any suggestions or desire to help, please stop by the Opinion office. Enjoy your exams, and perhaps, your summer too! reign John and Kirn - are- There's more to law school than books by Dean Silvers Each generation must cope with its own history, and the most important and difficult aspect of this coping, is in the coming lo terms with traumatic events. For my generation, the memories of Nixon and company linger on all too fresh in our minds. Perhaps the idea of becoming a lawyer and being able, to work directly in the area which produced such ignomy in our nation's history really had an effect upon me;1for since the first day I set fool into the promised land of |ohn Lord O'Brian Hall, all my latent desires to affect social change in this world manifested themselves, and I decided to become involved in the societal and law school "process," Looking back upon the year, I cannot say any great leaps or bounds were accomplished because of me in making the law school "a better place to live in." But I did learn lhal ihis "cause" or outlet was probably more valuable to me lhan I was to the "cause." ' Vol. 17, No. 11 Law school can be a human-vacuum cleaner, and maintaining a perspective and objective distance, becomes an essential factor In maintaining one's sanity. I found these activities a salvation lo myself. Many sludcnls reacted the way I did and saw-the need roi-mcaningbeyond Gilbert's, black coffee, and cigarette -butts. Yet regrettably few became, involved in law school and/or community activities. Working within these committees and law school activities was often bolh a painful and exhilarating experience. Yet it was always rewarding, for il was a constant learning process. For example, after all my years of "wisdom," I first learned thai a liberated female law student was more than just someone who smoked Virginia Slims. I firmly believe there is a revolution going on in our society today. Two lo three years ago women composed approximately 10% of the law school populace, and now their numbers reach closer to 50%. The UpiMlOn Editors in Chief April 28,1977 Kirn Hunter John Simson Rob Gandella, Dean Silvers Becky Mitchell Editors '.'.Ted Firelog A.D. Scooncs Business Manager Pholo Editor STAFF: Jan Barbei, Kaslle Brill, Mike Buskus, Andrew Coscntino, Steve Erranie, Connie Farley, Jell Gianat, )can Gra/iani, |oel Hockelt, Susan Honan, Nancy Mulloy, David Munro, John Munro, Sliaron Osnood, John Piivitcra, Sheryl Rcidi, Tani* Reid, Patrick Stcllaio, Bob Selcov, Louise Taraniino. Photography: Frank Carroll, A.D. Scooncs Contributors; Pcicr Ackerman, Bryan Biockway, Vikki Edwards, Ron Eskin, Beverly (acklin, Eric Turner. Copyright © 1975,0pin10n, SBA. Any republication of material contained tterln Is strictly prohibited without the expressed written consent of the Editor-in-Chief. weeks, excepl for vacations, during the OPINION is published every two academic year. It is the student newspaper of the State University of New Amherst York at Buffalo School of Law, John Lord O'Brain Hall, SUNYABpaper The views expressed in this are Campus Buffalo,"New York 14260; of Staff of OPINION. OPINION not necessarily those of the Editorial Board Postage entered at Buffalo. New is a non-profit organization. Third Class Is determined collectively-by the Editorial Editorial policy of OPINION Board OPINION is funded by SBA from Student Law Fees. <___ if ii should appear that the are not existing mechanisms adequate. J.D. Hyman Chairperson, Self-Evaluation Committee Faculty Members: RichardS. Bell, Grace G. Blumberg Dannye Hollcy 'Student Members: Randy M. Breidbarl Lynn S. Edclman ,Laraine M. Kelley Paula Dladla Jeanne Miller Suggestions for student life On point - procedures for dealing with ihem, "?_ _" rumblings of-such a change and consequent awareness have just begun to surface in our lives. It was exciting for me both as a law sludenl .and a male lo experience and encounter this movement in law school. I would be the firsl to admit that at limes I find il 'diffieuU-io.reJafe lo the personal and political reactions "of the movement; but il is real, it is dedicated,and it is warranted. There is a committee in this school which was formed to deal with' specifically Title IX Discrimination based problems upon sexism and/or racism. The committee deals with complaints by sludents who feel thai they have been discriminated against due lo sex or race. Ii is basically in an embryonic stage, and is a highly malleable and alive group. It is one commillcc in which Students really do have a say in wh.it goes on. Presently, they are dealing withacharges of sexism in the Trial Technique course. In this commillcc, the issues arc not textbookissues., hut real ones. The committee cannot function effectively without student support, bolh in notifying of possible infractions, and in helping the commillcc lo formulate policy. Il seems highly ironic that such a group cannot and does not gel much support and contribution from Ihe law school. I am tired of hearing sludenls' complaints, and gripes starl and end in the hallways. As the old saying goes, "put up or shut up." In conclusion, I do not want lo sound like Pollyanna reincarnated as a law student, but I do feel that there is a wealth of experience and meaning to be found within our experience here. Such activities have made this year more human and meaningful lo me. Although it was time-consuming, frustrating, and burdensome, and al times I fell like giving il up, in retrospect I do not regret it one iota. And lot all of you first year siudenls(and second year, of course), who will be having more lime next year, all I can say is lhal there is a lot that needs your help in this law school -community. Think about il. To the Editors: The location of the law school and the living arrangements of most of ils members, make it difficult lo create a rich social life around the school. I would like'to suggest (humbly) some possibilities, primarily for the SBA, whose impact on student life does not seem overly great. At schools I have recently visited, student organizations have established regular events other than occasional bashes. Al one school, for instance, an hour, or so is set aside each Friday for some event, varying from the enlightening to the frivolous. Programs included ."dramatic"' readings, musical performancesby talented students and faculty, films and demonstrations by' various martial ails groups. More intellectual programs, perhaps in other settings, are possible discussionsof community and governmental problems by involved individuals? debates, and research findings of student groups and faculty members. One examplemight be talks by lawyers and parties involved in the Buffalo school desegregation case; another could involve attempts to conform local industries to air and water pollution standards. Organizations working on judicial ethics and speedy trial are other possibilities. The problems of professional sports are also of general interest. These suggestions, I am certain, only touch upon the possibilities open to fertile imaginations. Planned events,, however, seem more effective than calls to otherwise imaginary student "spirit.", j , c,qq ■i The above suggestions are presented in the spirit of concern. They are not intended to criticize the past efforts, or to suggest that the faculty has no responsibilities in this area. James B. Atleson Professor ofLaw Law Review unfair infinite wisdom, have chosen to do. It seems basically fair that all Those masters of the art on cases should have been within the Law Review made some serious six first-year required subject mistakes pertaining to this year's areas or none should have been. To the Editors: competition. Granted some cases ■ must Furthermore, they should have necessarily be more difficult lhan had the insight to realize that with others, even the editors of Law a library in the condition that Review cannot be expected lo ours is in, and with almost the match cases perfectly. However, entire first year class competing, lhe great blunder was choosing that there would be a run on the some cases in which first year students have a background (Torts and Contracts) and others where have no knowledge most (Municipal Law and Criminal reporters. I know someone who lost a full day until his case turned up and I for one had to have my case changed as no reporters could be found (including faculty Procedure). library copies) and the taw review There is no doubt that it is could not find a parallel cite. Il inherently more difficult 'to seems to me that the least they perceive trends in a subject where could have done was to xerox a one has no knowledge than in copy of each case to avoid this another where one has studied for problem. six months. Ycl this is what the editors of theLaw Review in their Jeffrey Licker Library consideration urged To the Editors; As the end of the semester approaches, and more law sludents work in Ihe law library preparing lor finals and papers, it becomes more and more of a hassle lor everyone using Ihe library's facilities. I Would like lo express my conclcrn about the lack of Ihoughllulhcss on Ihe pari Ol many who refuse lo rclurn books lo their proper places on the shelves, who hold long, loud conversations in study areas, and who hog reserve materials for outrageous amounts of lime. In any evcl, a little more cooperation and consideration would be appreciated by all. I hope everyone will join me in trying to be more thoughtful. ' Becky Mitchell �April 28,1977 3 OPINION SBA action Does Roy Cohn deserve an apology? by Robert Selcov Following the appearance of Roy Cohh before the Ethics course offered by Assistant Dean for Placement Jay Carlisle on March 31, , 1977, the Student Bar Association sent an undated letter to Cohn, over the signature of Aviva S. Meridian, VicePresident, apologizing for the conduct of some members of the audience. The text of the letter is as follows: "The reception you recently received at the State University of New York at Buffalo was neither cordial nor professional. I deeply regret any distress this may,have catlsed you. I hope you will be kind enough not to judge the professional potential of the Buffalo law students by thebehavior of an unrepresentative minority. I extend to you my sincerest apologies. Thank you for your timeand consideration." Alice Mann, Third Year Director, stated that when she arrived at the April 4 meeting of the SBA, the letter was mentioned. She asked that the letter be discussed before a decision was made on whether it should be sent. She was told that it would be discussed later on in the meeting. She was surprised, therefore, when, a couple of days later, she found a copy of the letter in her mailbox. Mann would'like to send another letter to Cohn explaining more fully the position of some members of the SBA on the conduct at Cohn'sappearance. SBA President Tom Murphy confirms this story. Prior to his installation as president at the April 4 meeting, Meridian suggested that letter be sent to Cohn. It was felt that the audience's behavior a reflected unfavorably upon the student body and that the effects of any adverse impression should be mitigated. There was no discussion of the proposals at that time. While the minutes of the meeting indicate that a vote was taken, thereis a consensus among the officers that thisis incorrect. Roy Cohn is a controversial figure whose appearance at the law school could be expected to produce a reaction. When he was a member of the United States Attorney's staff, he participated in the government's prosecution of Julius and Ethel Roscnburg. He was chief counsel to Senator Joseph McCarthy in the early 1950's and received nation-wide exposure as a result of the televised Army-McCarthy hearings. He has come back into the national spotlight as a result of the recently televised dramatization of Senator McCarthy's life entitled "Tail Gunner Joe." Cohn stated that Vie is writing a book in response to the program, which should be published shortly. His appearance in .the Ethics course did elicit a hostile response from a portion of the audience. He spoke about the overzealous prosecutor, particularly referring to his own experience as a defendant to criminal charges brought by the federal government. Three times in the past 13 years Cohn has been indicted for criminal offenses. He was acquitted of all three charges. Cohn feels'these prosecutions were motivated by a desire to "get Cohn" on the part of former Attorney General Robert Kennedy and former United States Attorney 'Robert Morgenthau. The crowd hostility, while apparent from Cohn's introduction, was especially prominent during the question and answer session following Cohn's main presentation. Some of the questions asked were strongly antagonistic. The majority dealt with Cohn's role in the Rosenberg trial and" the McCarthy hearings. Some merely raised questions of political orientation. During this period the crowd indicated its hostility toward Cohn and his political beliefs by heckling and hissing. A portion of those participating in this activity were not law students. Cohn handled the hecklers in a professional manner and appeared to be used to this kind of treatment. At no point was he unable to speak because of the actions of the audience. The heckling merely disrupted the orderly conduct of the class. Seton Hall wins tax competition by Becky Mitchell The Moot Courl Room, Friday and Saturday was the scene of the Albert R. Mugel Moot court Tax Competition. The event, open to the public, is sponsored each year by the Faculty of Law and Jurisprudence at Buffalo Moot Court Board. Eighteen teams from 15 law schools argued a tax problem involving, among other issues, the tax consequences of embezzled funds. The arguments were presented before a panel of attorneys, judges, and law school professorsplaying the part of the Supreme Court of the United States. The panel included judge Louis Spcctor.of the US Court of Claims, Professor Albert Mugel, Stephen Miller of the Regional IRS Counsel's Office, and Federal District Court Judge John . Elfvin. The teams had prepared and submitted written bricls prior to the well as weekend's oral arguments. They were judged on those briefs asFriday. their oral presentations. Two preliminary rounds were held schools Saturday concluded the match with semi-finals and finals. Law placing in the semi-final rounds were Seton Hall, Wake Forest, lax American University and Brooklyn. The final winners of the entire Selon Hall, first place and Wake Forest, second competition place. SUNYAB Law School finished slh in the competition. were1 Workshopis focus on women and the law by Vikki Edwards On Thursday, March 24, 1977, the Eighth National Conference of Women and the Law was held in Madison, Wisconsin, with the University of Wisconsin Law School as the host. Although it appeared that a good number of participants were from the surrounding areas, all parts of the country were represented. In addition, not only were law students, paralegals, and lawyers represented, but other individuals working with, and in the interest of women, such as prison and social workers, were present. For the first time since its inception, the Conference offered special sections concerning the rights of lesbian and third world women. The workshops offered covered a wide range of subjects from problems in, sex discrimination litigation to battered women. Most of the material presented in the workshops is usually covered in basic family law, sociology and sex discrimination courses. However, it was interesting to have interaction between women with different experiences, backgrounds and perspectives. In addition, it was encouraging to see ihe number of women becoming involved in the legal rights of women. The opening address was given by Henna Kay Hill, a law professor, a national leader in the fieldof divorce reform, and author of a book on sex discrimination. Hill also conducted a workshop on no-fault, divorce in which she pointed out that "protection for women from the adverse effects of divorce law can be obtained by resort to women attorneys and judges." A discussion of the no-fault laws in Florida and the proposed sexually neutral divorce laws in Wisconsin and the laws and experiences in other states led to the conclusion that properly is probably distributed more equitably under a no-fault system. Some of the emerging concepts, such as joint child custody, were also discussed. Other workshops attended included prostitution, sex discrimination in elementary schools, sterilization abuse,* rape/when women fight back, and women in prison. One of the most interesting workshops was entitled "Women in Transition," because of a book by the same name authored by the panelist, Jennifer Fleming. A description of the book indicated that it is intended as a tool for women who are making a transition in their lives, such as divorce, and it is partially based on the experiences encountered by the authorand others in working with a Philadelphia clinic to help women in transition. ' Here at the western new yorker - We recieved ihc following letter from a frienda! ihc Centre Street. It had been raining all day and wet newspapers, candy wrappers, and probably old and Law School: ''Leaving school for Easter break came just in Great Writs made a thick sludge to cover the time, and I shol out of Buffalo on my last bit of probably virgin floor underneath. It reminded me of energy. Every day's race against lime who'll die my Aunt Lillie's apartment on the Grand Concourse. first, the day or me was exacerbated by last minute She kepi newspapers on the rug so it wouldn't get assignments, but all that passed and I m.idc 11 lo the dirty; I never did see the rug. I got the feeling 100 airport, "the radio program during the car ride, itself Centre Street was being kept for someone like a a symbol of my passage out of law, was interviews stewardess in rollers on the 7 am Buffalo to New with the parents of "Moonies" who had been York flight who is getting ready for a real flight paroled lo their parents after the First Amendment especially because that can't be all thereis. wasoverruled.Law really was behind me then. "Despite my excitement about the much needed "I went up to the second floor and sal through a and well earned vacation, I spent a day in Federal couple of Brcchlian run-lhroughs on bail reduction District Court in Brooklyn al the Croatian trial. hearings: 'My client has sufficient roots in the Bomb jokes, as one would expect, are not well community for X;1 'Your honor, the defendantdoes recieved, but still de rigeur; ditto phony Cuban not have sufficient li^s to the community to justify thai amount.' How the defense can make its accents. / "I came in mid-scene, though I think it was only arguments when it comes out that the defendant has the first act. The sets were expensive but simple, the jumped bail four times is beyond me, but no one costumes-traditional.The US Attorney and his parly seems to mind. I guess he doeshave sufficient ties to of three were greasy, smug, short, and wearing dark the community if he keeps coming back to it like suits; The defense, all nicely rumpled crumpled chic IhaI. "I went down to the arraignment part for a were in lans and tweeds. They seemed, intense, conspiratorial, honest, and very, very, sexy. The while, apparently, the real meat and potatoes of Ihc defendants were Eastern European student, and at building. No gnc overdressed for the occasion. Cops least physically, well-cast. They did not, however, arc all overweight and wearing their badges like seem to know their parts very well, or perhaps were medals. The parents and friends arc depressed, really in another play. They seemed lo be wailing probably because lhal seems like an appropriate around for their scenes lo come up and were extras response. The men in the elevator operator suits arc the only ones .fully aware of procedure, and they in this one. "The jury was bored, but seemed to be acting answer for ihc court: Your honor, we would like a but like a jury. I tried pretending 1 was a juror psychiatric examination in lime for the hearing in couldn't. There must be an orientation. The skctcher three days. Sony, Ihc uniforms say, but you can't from Channel 4 was there, pastels and bifocals; and have a R blah dc blah examination in less than two an audience representing a cross-section of the' weeks. Thank you, your honor. Croatiancommunity. "The prostitutes were getting $250. licenses that "The witness was over-rehearsed.Cassavetes was day, but I don't know how long they're good for. clearly not directing this picture, but who was? h Their pimps arc wailing outside around the wasn't King Vidor, too light; not Frank Borzage, nol information booth. enough apple pie. It couldn't be Fellini, not real "A woman who had shoi herself in the leg with enough. It might have been Altman, trying a rifle limped in and limped oul, having ihc charge of desperately lo re-create complex and uncomfortable possession of a deadly weapon dismissed because it realities which aren't real. Nothing really happened, was her boyfriend'srifle, mil hers (oh good). "A matched set of Legal Aid attorney and ADA there arc only impressions, scenes from old movies. Everyone there was on, trying to recreate the clip arc dispatched, do .t few cases together, and from the film which suited them. A good lime was disappear. The judge called time out, probably went, had by all. lo pee, and I left." "For a contrast, I had a look at popular kullur -Sheryl Reich with a visit lo Manhattan Criminal Courl al 100 - - - - - �4 April 28,1977 OPINION Chuck Culhane Gary McGivern Murderers or victims ? Life on death row by John Simson and Bryan Brockway A deputy sheriff and prisoner died in a shoot-out on the New York State Thruway on September 13, 1968. Two prisoners, Gary McGivern and Chuck Culhane, were wounded during the incidentand later charged with felony murder based upon their alleged facilitation of the escape attempt by Robert Bowerman, the dead inmate. Conflicting Stories Both claimed that Bowerman acled independently and without their knowledge. The incident began with Chuck's belief that he had been denied the benefit of a plea bargain made in Westchester County resulting in a sentence two "years longer than could have lawfully been imposed. McGivern had been present at the plea session, so he accompanied Culhane to Westchester. Bowerman was the jailhouse lawyer'whose wrils Chuck copied in protesting his continued imprisonment. (It is unclear why Bowerman went along, or al whose request.) Joseph Singer and William Fitzgerald were deputy sheriffs sent lo transport the prisoners from Auburn prison lo White Plains. Singer's personal car was used. It had none of the conventional police car safety features, e.g., safety screen. Several limes on the trip Bowerman complained of the need lo urinate. On his third slop the incident took place. The defendants' story is thai during these stops, Boweiman cut through his security belt which held his handcuffs to his waist. Having completed this at ihe third slop he attacked bolh guards, seizing Singer's gun. Holding the guards at gunpoint he undid Culhane's belt and ordered him to undo McGivern's. Fitzgerald then turned and exchanged shols with Bowerman. Bolh were killed. McGivern and Culhane were seriously injured in the shooting. Singer's version is that as ihe car slowed lo a slop, Culhane reached over Singer's head and choked him, Bowerman doing the same to Fitzgerald on the passenger's side. Then, McGivern look Singer's gun and Fitzgerald pulled his, two or Ihree shots being fired in the car. Singer recovered his gun and Culhane grabbed Fitzgerald's. Singer fired at Culhane. At the first irial Singer said he hit Culhane bul later changed his story when it became clear that he could nol have done so. Singer then took Firzgerald's gun and fired away with both weapons. Three trials so far McGivern and Chuck Culhane have endured three trials thus far. TheTirst ended in a hung jury; the Gary second in ihe death penalty, later overturned by Ihe Court of Appeals; and the third-in a25 year lo life sentence that is now beingattacked in the Appellate Division. The cases reveal much about the system. Perhaps that is why such divergent political thinkers as Allen Ginsberg and Wijliam F. Buckley, Jr. support McGivern and Culhane. It shows how easily cross-examination, that great locomotive of truth, can be derailed by' a judge's rulings precluding inquiry into significant questions. It shows how the use of prior convictions, of Mule probative value, can be used by the prosecutor to obfuscate inconsistencies in his own case. The trials have been relatively simple. Two prisoners testified as to ihcir lack of knowledge or complicity in the escape and the deputy testified ihcy were in fact involved. However, the physical evidence completely destroyed the deputy's account. At the last trial Singer even admitted he deliberately changed his testimony because his earlier version turned out lo be impossible and in conflict with the physical evidence. The defense was precluded from impeaching Singer as lo a possible motive for falsifying his leslfmony. Based upon ihe escape attempt, Singer applied for disability retirement. Stale physicians concluded his "injuries" were psychosomatic. Moreover, examination of Singer immediatelyafter the attempt revealed no marks or bruises on Singer, despite his claims lhal one of the prisoners had choked him wilh handcuffs and lhal he had temporarily lost consciousness due to ihe choking. Despite ill. probalivc value, it was excluded. The Irial judge also precluded introduction of Bowerman's prison and hospital records which recorded his long history of escape attempts and his tendency toward violent confrontations. This corroborated Gary's and Chuck's testimony and tended to exonerate them. There were other significant errors in the course of the trial. The prosecutor was repeatedly allowed to allude lo Ihe fact lhal McGivern did nol testify al Ihe previous trials thereby creating the impression lhal hisslory was recently fabricated. There was also a photograph showing that Bowerman's belt had been cut in such a way that neither Culhane nor McGivern could have assisted. In some ways this case is an extreme one, involving the death of a deputy sheriff. But, in many ways, the case is typical of those argued every day. All Ihe issues were reduced lo a defendant v. cop conflict wilh the jury being asked to believe one or the other. It is a case the system is geared for excluding evidence as lo the cop's credibility as irrelevant, while allowing any and all evidence against the defendant if he/she lakes the stand. William Kunsllcr, who, with Michael Tigar, Henry Rolhblatt and others, is arguing the case on appeal, slates: "Culhane and McGivern don't represent the normal run of cases where it's anonymous names mean nothing and no man gives a damn or cares. For every McGivern and Culhane there are literally hundreds every day who go down ihe drain because there is no community support." Death penalty Gary and Chuckbecame a cause for thosewho favored the abolition of the death penally. Much support was generated, magnified by ihe and Death Row itself was presence of Gary McGivernand Chuck Culhane. The little changes they fought- for:- basic hum.ni -dignities. Their .. snuggles lor Individuality became public: "The physical ... No human contact. Isolation cells. Can'l hold my mother's or my .brother's Why can't I have hand when they come lo visil Why shoelaces? Why can'l I keep books in my cell must I give up my pencil and toothbrush and comb irt a buy 'things at little clolh bag al 9:30 p.m.? Why caii'l we the pi ison commisary like oihei'prisoners? Go lo Church? Security: The Prevention of Suicide Have a typewriter restrictions were tremendous .'. _ _ ... (Chuck) ..." The stale's attempt lo destroy all self on Dcalh Row is clear. In 1971, when Gary and Chuck first entered Death Row, prisoners received almost none of their mail and spent iweniy-ihrcc hours of every day alone in their cells. The prison graveyard has only numbers on lis cement markers. All .illcmpts to maintain identily are systematically destroyed: "Who am I? Public enemy or pocm-wi iling music lover?" (Chuck). One incident Illustrates well life workings of Death Row. After certain restrictions had been lifted, Gary, and Chuck began a garden in ihe prison. From other inmales and guards ihey gathered seeds. The garden became a reflection of Chuck and Gary and ihcir determination. A guard urinated on the garden,destroying il. Punishment or rehabilitation The justifications for incarceration have also been severely tested by the case of McGivern and Culhane. They have spent ten years behind bars: three on Death Row, for an incident in which their guilt was most questionable. The changes ihey have undergone in prison have accounted for widespread community support: William F. Buckley, jr.: "Whal stands out, I think, isa true residual doubi concerning iheir guilt, combined with a near unamimous feeling .about Culhane ahd McGivernlhal Ihey are noi improved, nor is society benefited, nor is society satisfied, by keeping ihcm in jail. Both men are blilhc spirits, genllc by disposition, kind, poetic, and highly talented." James Murphy, Death Row Sergeant: "But after . awhile their determination would win you over. It won me over to where I actually began liking these guys. And I didn't know at the lime whether this was a thing to do. Am I supposed lo like Ihcsc guys?". And specifically as lo Gary: "Olhcr inmales look up lo him. Officers look up lo him Nice guy, active in program affairs, inicUigenirthat's how I would describe him ... he wouldn't be a danger. This is my. personal opinion because I know the man." If you would like more information about Gary and Chuck, you may write to Culhane McGivern Defense League, Box 268, Bcirsvillc, New York 12409. They need great help, since reversal on appeal will probably mean another lri.il. There is some additional information at the Opinion olffev. If ihicreslcd, please come lo Room 623. �April 28.1977 OPINION 5 Wide world of torts by JohnSimson Thefinal tort students working on the complex Writ of landing: everything, so long as it didn't happen in their An infrequently used writ of English Common Law which neighborhood. The new editors of the Opinion have notified me that allowed a vessel to dock in an unfriendly harbor, without This doctrine is quite clear in every facet of American this is my last column. Commencing next year, a new permission due to the doctrine of unsound principles, relations. -' policy will preclude my column from appearing. I believe Civil Rights: Sure; so long as they don't move into my it has something to do with "tasteful journalism" or some By far our most interesting discussion related to this neighborhood; yeah, we should educate more Black other ploy to keep my-fingers idle. In any event, as this is writ and to the American populace's general reaction to lawyers,,and Doctors, but won't it lower the standards of my last column, I have decided to divulge certain the Concorde. The French could not understand the my school? I wouldn't want that to happen." information that I otherwise would have sat upon, until American populace's general reaction to the Concorde. Women's Rights: "Sure, women should be able to work; greater substantiation was possible. The French could not understand the opposition to the except my wife's got to raise my kids." Concorde's landing, particularly in light of theresults they Pornography: "People should be free to do their own Flea Bargaining received in an informal survey conducted over transatlantic thing. But not ; ." tie lines (recently abolished by the French government). I had one other long conversation with thesestudents It seems that the big guys at the Justice Department The results showed that 91 % of all Americans felt that the concerning a particular doctrine they had read about mis judged this year's crop of defendants and ended up Concorde should be allowed to land in this country. Supreme Court decisions. They asked me who passed the with a plea surplus. An attempt was made to send them to However, as eagerly pointed out, 87% of those who Constitutional Mustard? I told them only Burger and I Russia, but the reds were only interested in lobstering stated that they favored the Concorde's landing, opposed Frankfurter. Seriously, Constitutional Mustard is a great legal without a license, not included in the surplus bonanza. The it landing near their home. The French were confused. I department is trying hard to keep this quiet, yet somehow explained that this was an American doctrine as old as our doctrine that all constitutional lawyers relish. Next year: advertise the fact that all these spare pleas are available to Constitution and that Americans in principle favored Constitutional Horse Radish. those interested in dealing. I was informed, "Discreteness is the Key." (Read on Discreetly.) Plan I was to send U.S. attorneys out to various garage by Tanis Reid semester to leave? One year of law school is not really sales in local communities where those known to plea bargain were generally present. This plan did not work, marketable, merely expensive. When I was in high school, I graduated first in my But law students are like that. I have discovered that however, because people at the garage sales seemed intimidated by attorneys in three-piece suits. The copies of class, but because I was a senior transfer student, the often they will be more interested in the method of the Pentagon Papers selling 2 for $3 did little to alleviate administration decided that having been at the school only discipline itself, than the result the discipline is to be the paranoia. No one I know runs a garage sale in a one year, I was not properly a valedictorian for the school, utilized in achieving. It didn't surprise me at all that the three-piece suit, for Chrissakes! There were other big and/I was not asked to give any speeches. And then I last Olympic silver1,medal for the marathon went to a problems: convincing people that the pleas were for real graduated from college with honors, but just cum, no cum Boston attorney. I'll bet the guy was a super law student. and wouldn't be reneged upon as soon as the person came magna or cum summa, Which is why I find it so flattering For law students can be typified. I had come to law school to court. Any defendant worth his salt knows that a plea is at this time, when in my academic career I have so clearly to get away from all the freeform thinking in English and not a plea without a judge. There are just too many' 'descended furthest from number one position, that I have ; history fields of study," where the critiquing of literature possible complications: been requested to give the valedictory address. (The and past centuries was often more creative than the writers preceeding is, of course, not true; only a fictitious premise or civilizations could ever have been themselves. I figured judge: "Where did you get this plea?"' for arguing my way into the valedictorian spot. The that law would have more structure for finding an answer, selection has since been made, and my motion for the would more nearly approach a science, because its thinking Person: justice position Minnesota and Comstock the at "Down at was unequivocally denied. No sense wasting an had been codified or at least collected into the common already-prepared speech, however.) law. But when I got here, I found the place crawling with Department garage sale." It is traditional at times like these, to say something to■ students who had majored in philosophy. And, heaven Judge: "We don't honor those, pleas in my cour(. Now if you the effect that looking back on the past few years, they knows, those people are worse than English and history had one, from Billy's Corner Store,, it would be a really were worth it after,all. At, this.time, !.would like to majors when it cqrnes.to giving a simple,answer,;tp a. break with that tradition and say that looking back on it question. The philosophy majors were in the right place, different story." all, it was awful. Further, forall the times I had to listen to though. For I learned that the illusion of codification or Person: "Thanks your honor. -Bo you know if I can return complaints from various a.nd sundry members of the common law compilation as something of a science, was student body, I wish to pull the coup of complaints by, ; just that, an illusion. In some cases, the law supporting a this." voicing mine to the entire student body en masse, and decision broke down into nothing more than a Plan II was on a larger scale. The Department was to saying I hated it. I hated it. I hafed that the textbooks philosophical pushing and pulling at a rationally penumbra set up booths at area flea markets. Flea Bargaining, as it were so heavy; I hated that the assignments in them were which had nary a scintilla of connection to the issue in was to be known, previously practiced only by so lengthy,but most of all, I hated that the opinions in the controversy and which suffered from and was guilty of imperialistic dogs, became a reality. The "fleas" became a assignments in the textbooks were often so obtuse. I hated further perpetrating a kind of Emperor's New Clothes great place to go for the weekend. You could do some law school from the day it began and my feelings have not syndrome in the legal field. And yet, as critical as my cynicism might prompt me forum shopping, and maybe even pick up a good plea changed. Even today's graduation ceremony is a bit while you were out. People specialized in particular areas. tedious. Law school has merely solidified the negative to be, I can't really object to this philosophical pulling and carefully cultivating pushing attitude towards life that have been of precedent until it is clearly unrecognizable. For I One guy had a full set of the General Electric Price-fixing if the courts were creating fairy tales, such approaches to Pleas, another 10,000 "bald tire" pleas for those accused since the late sixties. I must, however, admit that the past few years did precedent would clearly be uncalled for, and no doubt, of driving while impaired. Exotic pleas, mundane pleas, anything and everything. At one booth, there were Special have their moments. There was, for instance, the day, children would spot the incongruities quickly. For morals when after being intimidated by the case briefs the student or what is right are easily determined In the simple fact Prosecutor close-outs. sitting next to me typed for every torts class, I looked over situations of fairy tales. But when you try to define rights at the notes he was making in his text while the professor or justice in real life situations where two separate rights For sale: One 1972 used nolo contendere, by VP on wkends was speaking. Next to Learned Hand's name, author of the conflict; or where an old interpretation of what is right opinion, whose name was printed in boldface type, the faces off with a new or updated interpretation of what is only, now in shppg and mfa activ. student wrote "brother of Educated Foot." Still impressed right; all in'a setting where preserving the appearance of a consistent or trustful rationality or right becomes nearly as plea obstructing by .1974 the student, I was much less intimidated by him. to Never used, brand new, And then there was the day the professor thought I important for maintaining law and order as does justiceand abuse of Prs power. For Execs, only. was in class, though I wasn't really, jn the seat, maybe, but determining what is right at a particular time, the task of not in class. It was late, near the end of the hour. Mr. the lawbecomes all the more difficult and the illusion of New 1977p1ea to poor taste, for OPINION col. Birzon, who always called on persons according to tr^e constant, consistent rationality even justifiable. To this academic frustration fostered by trying to In closing, I would just like to say that I am not at ail alphabetical listing of his class chart, was long past the R's. hostileabout the editor's decision to cut short my writing The student next to me was drawing pictures of Arabs neatly define rights and justice, add the emotional trauma daily encountering people's problems, and the of career.'it has been fun, and 1 want to thankall of you who with arrows in their backs, and I who had just seen "Gone read my column. The feedback,..! 'ye received from both of With The Wind" the evening before, was trying to figure unbearability of law school becomes clear. Every day, youhas made it all worthwhile. Perhaps next year, without out how old Scarlett was when Rhett left her. My name every class, every case, it was another person with another the time spent on this column, I might turn into a was called, but I didn't have the heart, or maybe the guts, problem. Sometimes the problem stemmed from marital or productive law student. More than likely, I'll just drive to answer twenty-nine to Mr. Birzons's question. And since mercantile relationship, sometimes a stock market crash or other people crazy with my inane legal points of view. I had nothing else in my head, I don't think I said war. Admittedly, after a while my heart stopped bleeding. anything, except to acknowledge that 1 was present, So much so, that now I am emotionally aware only of fact Have a good summer Happy Trials! dumbly present. situations that reach the Mary Hartman level of absurdity, And the day, too, when in explaining the difficulty in like an improperly-manufactured cocktail dress that P.S. You won't have John Simson to kick around any comprehending nearly-incomprehensible exploded when a cigarette ash fell on it... a guy who some concept, more. PPS. I fove Hockey! Mr. Newhouse's second self said to Mr. Newhouse's other nearly tost custody of his kid because he wore tennis self, and the class, something like, well if you don't like sneakers ?nd a golf sweater to his wife's funeral an Special to OPINION working out these difficult ideas, you shouldn't be here. elevator first met her policeman husband nearly Newhouse assassinated the student me. minutes after she had Mr. next to been stabbed innumberable times by from Ralph Stairsteps Yea, I should have gone for my masters in engineering, he an escaped menial patient. really seriously everything Looking You shouldn't take Mr. Xhlhgs said. look awful. And if the life back, faculty of the While vacationing in Paris, with the rest Newhouse says, I argued. But it was too late, Newhouse's situationsrecounted in our casebooks are any indicationof over this past Easter Holiday, I had the good fortune to proved quit and the kid the end of the what lies fatal, ahead, at looking tfAvard isn't very appealing shot meet with some French Law students. We had a very semester. And that's something I couldn't quite either. But, best of luck anyway. Remember Mr. interesting meeting, though at times a bit heated, relating understand. If he wassure he should leave, Homburger's advice, and "do not confuse logic with the he and sounded legal to a number of "international" and American if jhe were, why vdid the kid wait until the end of the law." ■'' ■' probltms. The students were among a group of English and a* „ ■ '" /i y.r. -, ...: trljjUfil /•„ r-ji,ril,i ,th l French . Lower outside corner - ,, ipJili ., ~ ■~ . - ! . -~ .„ i ' ""' J JV • ' *' ' �April 28,1977 OPINION 6 Class action Buffalo Legislation Project drafts marijuana reform bill Homburger voted teacher of the year by Peter Ackerman Adolf Homburgcr, professor of civil procedure and New York Practice, will be leaving UB this year to accept a three-year appointment at Pace as a distinguished visiting professor. In a recent i nterview, Professor Homburger talked about his life and his teachingexperiences. Homburgcr was born in 1905. He grew up in Vienna, Austria, where, as he stales, he experienced the "shock waves of post-World War I inflation and revolution." After spending one year at the Arts College of UB in 1926-27, Homburger returned lo Vienna where he earned his JUD degree in 1929. He then began the mandatory seven year apprenticeship <js a clerk, at which he for the Austrian bar. sat lime That exam was described by Homburgcr <ts "more in accord with Ihe realities of life*in a law office" than the current New York bar exam since it allowed students lo use any books they needed lo answer questions during the exam. Homburger was admitted lo the Austrian bar in 1933, bui Hitler's march into Vienna in 1938 forced him lo go underground until his departure to America in 1939. He came lo Buffalo where he made a living as a process server, and liquor and leather salesman until he won <i John W. Davis fellowship for ihc re-education of European lawyers. Homburger said thai he realized then how much it "paid to be a good studentJn law school," since his law school grades fromAustria enabled him to be one of the only 8 t Davis fellows chosen in America. Homburger noted that he finished the regular law school course load at UB in two years, and was suprised to find so "fantastic" a faculty at what he had expected world be a rather "provincial" school. In fact, he wondered how good the professors at Harvard were, if the ones at UB were so great. The question was an ironical one since "within JT'few years nearly all of them were at Harvard," Homburgar said. Although he pass^Uflp^lew York bar after graduailrTgyTlornburger could not be admitted until he became an American Citizen in 1944. Homburger's association with state procedural law began after his admission to the bar when he served as a staff attorney to the judicial Council of New York. He describ#*^ftibse years as being "ot great importance" since they were spent drafting- and researching new prdceihiral statutes for New York Slate. Hombtlfger then returned lo Buffalo when he was offered a partnership with Ihe firm where he had^ptefked as a law student. Hj>mbuf£&:'accepted the posilion because, as he slates, "it was far more lucrative than continuing lo work for tfieSlale.in New York City." / His teaching career began in 1949 literally on i^enty-four asked hours notice when lo take over Dean Carlos Afdcn's classes because (he Dean had hc^s by Becky Mitchell-and Beverly jacklin ' suddenly become ill. Horn lunger noi equipped lo become the kind Uughi numerous bourses 111 land of musician thai he had transactions and civil procedure its envisioned himself lo be. "Still," a part-lime lecturer until being he notes, "music remains a very invited, in 1962, to become a lull important part of my life." professor. "P.irl-lime," he noted," Hoinlmrgcr continues to play in meant for many years that One chamber groups from lime to oflen ht\d lo leach a lull six hour Lime. About le.iching, Homburgcr course load in addition lo practicing on the outside." But comments that "y°u have to love nol even this dual role could fully ihe profession, otherwise you sallsty his zcsl for examing legal should never turn lo it." In problems since he continued particular, he states that he never during those years lo contribute rcgrcticd leaving prac lice for as a 'free-lance wriler1 lo the academe: "I didn't mind practicing, but I only loved judicial conference. Since becoming a full-lime teaching. I find it far more faculty member, Homburger said interesting; satisfying, and lhal he has "done quite a lew challenging. You have to be a things." One of the 'few things' good actor, too, otherwise you has been to serve, by appointment won't be able to keep* your of Chief Judge Desmond, later students alive." Homburger's observations of Chief Judge Fuld and later Chief Judge Brcilcl, as Chairman of the his students and their changing Judicial Conference Advisory altitude is keen. In this regard, he Committee. In addition lo wryly notes: "I once thought of authoring several law review myself as a fairly conservative articles and book reviews, he teacher among radical students (ih ivc c o i v cd i wo F vI b r i gh t the -19605), but, with the passage scholarships to work at the of time, I now see myself as a University ol Florence with radical, teacher among Mauro Cappelctli, editing the Civil' conservative students." Procedure Volume ol the ■ Homburger concluded that he International Encyclopedia of fell his most important contribution to developments in ComparativeLaw. One of Homburgcr's most the law has been his work with unusual' experiences was his term 'parties' and in particular,the New as a guest of the Max Planck York class action statute. In Institule in Hamhurg, alter leaching, his most gratifying winning a Ford Foundation Grant experiences have been those for his work in class actions. He numerous occasions in which he notes that, "the institute, has met formerstudents who tell contrary to common belief, is not him that they draw upon +iis only concerned with natural classes even years after they have science, but has a very important passed the bar. "That makes me department in comparal ivc and quite happy," he said with a international law." smile Not unlike many of his Even though he is leaving ÜB, students, Homburger's interests Professor Homburger continues to do not slop at the law. "When I win ihc admiration and respect of was 14 dr IS years old, I fancied his students. This year's myself a musician," Horh'buf^?P graduating class has voted related. At that lime he entered Homburger the teacher of the the Conservatory in Vienna as a year. He will receive an award at violin student. He soon the graduation ceremonies on May discovered, however, that he was 28. . . - A report of a study on marijuana reform done by members of the Buffalo Legislation Project was recently completed a/id sent to Senator Barclay, Chairperson of the New York Senate €6"des Committee. The study analyzed the official report'of the National Commission on Marijuana and Drug Abuse. Statutes in five states which have already decriminalized marijuana were then compared. Finally, a proposed statute for New York was drafted, keeping in mind the problems of other states and constitutional and policy issues. The proposed statute provides for two types of sanctions for the possession and transfer of marijuana. The purpose of the reform is to decriminalize the possession of marijuana for personal use, and to remove the stigma of arrest and conviction from an act which is no longer regarded as wrong by a large segment of society. A presumption of personal use is established for small amounts of the drug in the first section of the law, which would make a person guilty of "unlawful possession of marijuana" when such a person knowingly and unlawfully possesses or transfers 30 grams (28.3 grams ■ 1 ounce) or less of marijuana. This would be a violation, punishable by a fine of up to $100. The second part of the proposed statute would make it a Class E Felony to" possess or transfer 500 grams or more, or to transfer 240 or more grams to a minor. It would be a Class A Misdemeanor to possess or transfer 240 or more grams, or to transfery3o+ grams to a minor. Finally, \( would be a Class B Misdemeanor to possess or transfer 30+ grams, or to transfer any amount to a minor, or to smoke or ingest marijuana in a public place. An affirmative defense is available if one carfprove that the marijuana is for personal use only. Similar provisions set out for the lessening of penalties for the sale of marijuana. It would be a Class E Felony, Class A Misdemeanor Class B.Misdemeanor depending upon the quantity above 30 grams or under consideration. In conjunction with the purposes of the reforms, special enforcement procedures are included, prohibiting arrests for violations of the statute unless another, non-marijuana offense is involved and there is probably cause to arrest for the other offense. Warrants are prohibited except for failure to appear in court. Instead, appearance tickets arid summonses are to be used to procure court attendance. The Senate Codes Committee has -not yet acted upon the proposed bill, but is expected to do so before the end of this legislative session. The New York State Assembly is currently considering a bill which will amend the penal law and the criminal procedure law in relation to possession and sale of marijuana. The bill, introduced by Assemblyman Richard Gottfried, would decriminalize the possession of marijuana for personal use. Possession of up to two ounces of marijuana, or transfer without consideration of up to one-half ounce, is to be treated as a violation punishable by a maximum of $100 fine. Higher penalties ranging from a Class B misdemeanor to a Class E Felony are provided for possession and transfer of larger quantities, public use, transfer to a minor (under 16) and sale: 0-2 oz. 2-8 oz. 8-16 oz. 16oz. Viol. B. Mis. A Mis. E. Fel. B Mis. A. Mis. E. Fel. EFel. EFel. EFel. E. Fel. E. Fel. The bill provides that there is to bd no arrest for all violations and Class B Misdemeanors. Instead, an appearance ticket is to be issued by The most recent addition to the Gottfried bill is a prqvision which will allo* foHiniendment of convictions, and resentencing under the new law for anyone convicted under the old law, with credit for time served and fines paid. Buckley discusses criminal procedure by Becky Mitchell ( The abolishmenl of the exclusionary rule was the theme of a discussion by guest speaker William F. Buckley, )r. in Professor Tigar's CPU class on Friday, April 15. He spoke about his book Four Reforms, in relation lo the topic: selected issues in crimin.il procedures. In his discussion, Buckley explored the ambivalence of the "sl.ilc" which he perceives among conservatives. He explained that conservatives sec the stale as an enemywhich should be restricted from interfering in the lives of people. A' IJif S«nio lime they feel the total resources of the state should be used lo achieve certain ends such as in crime enforcement According 'lo Buckley, a major concern of conservativesis physical safely in the face of increasingly violent street crime. Buckley postulated that a person in the South Bronx is more concerned with slaying alive than with whether or not the police observe the Fourth Amendment. The emphasis on lawand order, as opposed lo individual rights was attacked by various members of the class. But Buckley countered that the exclusionary rule harms society, and altcmplcd lo show why and1 how it should be abandoned. Although he stated a belief that the government should obey the law in its efforts to enforce the law, Buckley does not believe that guilty persons should be acquitted merely because their constitutional rights are violated. The violation docs not change this guilt or innocence. Buckley ch.trged that letting the guilty go Free detracLs from the public's respect for law. When confronted with an assertion that the failure of the government to live up to the highest law of the land might be more detrimental to public respect, Buckley avoided the tissue by countering that lawless behavior of citizens has worse effect. Buckley also expressed concern as to the length of trials ajid their deleterious effects on both' the system and the defendant. He asked why it took 17 weeks to try Strhan Sirhan when hundreds of people witnessed the act. Abolition of the Fifth Amendment as it is now understood by the Court was one answer presented by Buckley. Buckley's observations and comments stimulated much thinking and discussion in the class. He was an extremely polished speaker and he fielded questions with adeptness. �April 28,1977 OPINION 7 Guild conference keys on women by Ron Eskin "Throughout American history, women have been outside the arsenals of social power and influence, watching male judges, politicians and lawyers make the rules that governed women's lives,," said attorney Susan Silber as she addressed the first workshop of the Lawyers Guild conference last weekend. The National Lawyers' Guild convened the biannual conferenceof its Mideast Region in Buffalo on April 15-17, and examined issues of women's oppression. Chapters from Michigan, Ohio, Western Pennsylvania and Western New York arrived in the Queen City to attend a weekend of study and festivity. They joined the near fifty Behold the new saviors of OPINION!! Pictured, left to right, are: Bob Ciandella, Assistant Editor, Dean Silvers, Assistant Buffalo participants, many of whom had planned the workshops and Editor, A.D. Scoones, Photo Editor, Ted Firetog, Business Manager, Kirn Hunter and John Simson, co-Editors-in-Chief. prepared the meals for the weekend.Not pictured is Becky Mitchell, Assistant Editor. "Union Maids," a film about women who were organizers in the Legal Briefs Moot Court installs officers New Moot Court Board members for the 1977-78 school year were installed officially Monday evening, April 18. Bill Martin was elected to the position of Director, and Marilyn Hoffman will be the Assistant Director next year. Next year's Moot Court Board will consist of Meryl Amster, Mitchell Dix, Monica Dodd, Steve,Errante, Evan Giller, Ira Goldfarb, Kathy Kaczmarek, Kevin Kinney, Karen Lederer, Jane Mago, Diane McMahon, Alan Lewis, Donna NatOli, Jerry Paun, Nancy Peck, Anna Pfeiffer, Glenn Sabele, Steve Schierling, Steve Waterman, and Pam Webb. I Graduating seniors MonroeFriedman to speak On Monday, May 2, Monroe Friedman, Dean of the Hofstra Law School, will visit the Law School to speak on the topic of Legal Ethics. There will be an informal discussion in the faculty lounge from 1:30 p.m. to 3:00 p.m. prior to the formal presentation in the Moot Court Room from 3:30 p.m. to 4:30 p.m. v Following the main address, there will be a question and answer forum in the faculty lounge from 4:30 to 5:30 p.m. Dean Friedman is being sponsored by the Mitchell Lecture Committee". All students and faculty are welcome to attend all three everits. » s Additional information about commencement, including invitations, directions to Art park, concert information about the philharmonic and possibly information about restaurants in the Lewiston area will be available at the end of April or the beginning of May in Mr. Canfield's office. , Discrimination A number of employers who advertise their jobs through the Placement Office practice discrimination base'ii on sex. A few, for instance, have expressed explicit preference for female law clerks. The Placement Office has agreed not to include the stated preference of the employer (in conformity with §296(1-a)(d) of the New York Human .Rights Law),' but this will not stop the discriminatory BLP reviews applications non-hiring. The Buffalo Legislation Project has begun to ,'. It is against the law in New York State for an review, me!mber,ship, a'ppljcatiqns for'"ncjxf fall. AIL 1 employer not to hire an individual on the basis of first-year students wishing to apply should submit a sex (or age, race, creed,, color,, or national origin, 2-page riarrative resume and a law-related writing' Human Rights Law §296). An employer under the sample as soon as, possible to room 724, O'Brian Act is defined as having at least four employees. If Hall. No applications will be accepted after June 1, you believe you have not been hired because of your 1977. sex, male or female, please contact Sheryl Reich, room 509, or call 837-0142. Energy conference set for May 7 The People's Power Coalition invites the law Youth advocacy project school community to attend a conference on. the A youth advocacy project is organizing in Erie energy crisis and its solutions. The conference, County to investigate public secondary school promoted as "ShoppingJfor Lower Utility Rates," exclusions and disciplinary practices in the county. will emphasize the campaign for public takeover of Graduate students are needed to volunteer to utilities, and include speakers and workshops on conduct interviews and analyze data from school such concerns as alternate energy sources, natural gas personnel and dropouts. price de-regulation, rate structures, nuclear power, This study is related to a state-wide project and shut-offs. under, the auspices of the State-Wide Advocacy / Project of the NYCLU, and has been requested by community organizations focusing on the problem participants include Among others, conference of rising dropout rates in the county. Casey Walas, President of United Auto Workers For further information please contact Prof. Local 501; Marilyn Zahm, Neighborhood Legal Herbert L. Foster, 636-2451, or Jane Holland, Services Director; Marvin Resnikoff, National 1 837-5644. Coordinator of the Sierra Club's Nuclear Powerr Subcommittee; Fred Sankey, Superintendent of the Reception for graduates Akron, NX municipal electric utility; Dave Collins, All graduates of the class of 1977 are invited to Director of Energy Conservation, Community attend a special reception for the 1977 class at Jay Action Organization; and hopefully, all of Buffalo's Carlisle's home, 138 Depew Street, on Friday, May mayoral candidates, each of whom has been invited 27,1977, from 7:30-9:30 p.m. to speak for five minutes to support or oppose public power and a winterization program for New seminar explored Buffalo homes. Several students are interested in exploring the Date and Time: Saturday, March 7; 8:30 a.m. possibility of establishing a seminar in Law and the 5:00 p.m. American Indian, and either a seminar or clinic Place: Buffalo- State College Student Center, component in Immigrationand Naturalization Law. 2nd Floor In an effort to assess potential student interest in Registration Fee: $5.00 ($2.00 Low Income and such offerings, sheets have been posted on the 2nd Seniors) and 3rd year bulletin board. If you would be For more information call 856-8469 interested in taking one of these courses, please sign Conference Brochures available at the Library the corresponding sheetbefore May 10., Desk and Registrar's Window. Carrel reserve The Library will again institute a Carrel Reserve Opinion meeting Policy during the Spring Exam Period, Thursday, by / Have your journalistic dreamsbeen thwarted \2 through Monday, May 23. Law students will your law school career? Don't give up hope come Mayable sign up for carrels between 8 and 9 a.m. to be work on Opinion \ at the Reference Desk. 'ID cards are g There will be a mandatory general staff meeting each dayand assignments will be for the entire day. required i, for all Opinion staff members on Thursday, May'J. service is to insure that law students have 1977, at 3:30 p.m. in the Opinion office, room WJ, t, Thisto study areas in the Library. Any questions access O'Brian. is or complaints should be directed to Dave Brody or Anyone interested in working on Opinion Mulloy, Library Committee members. Jim invited to attend. : 1 : '*' - ' ,' - ... i. c labor movement, set the tone for the conference. The film, and the panel which followed it, suggested the historical role of women in organizing working people, and described the peculiar oppression that women in labor struggles have suffered. The panel, comprised of teachers in the institute for cerebral palsy, and graduate students in the GSEU, elaborated on their experiences in organizing working people in Buffalo. It was their unanimous opinion that "legalistic strategies do not organize people who are struggling for a recognized union. Saturday the conference moved to the University Presbyterian Church on Main Street and Niagara Falls Boulevard. Albie Sachs; a South African exile, revolutionary lawyer, and Professor of Law at the University of Southampton, opened the morning workshops. He spoke about the" traditional sexist role of the bar in the British Commonwealth. "The big issue among lawyers and judges until 1923 was whether women could be considered 'people' and thus practice law like men. This issue arose several times before 1923, and each time the male judges concluded that the term could not possibly refer to women. Women could not possibly be expected to participate in the hurly-burly of public life." Other workshops included: the effect of Gilbert v. General Electric on women in the workforce; the establishment of clinics to show clients how to carry out pro se divorces; and how to deal with the problem of battered wives. There were six workshops in all, each conducted by a person with special experience in the subject matter. However, the Guild workshops were not lectures, and all the participants had some experience in the topics and material discussed. Conferences are intended as meetings for people who do similar work. This work is making the law work to the advantage rather than the detriment of poor and workingpeople, and of minority groups and, women. The reference in Buffalo focused on issues relating to the oppression of women, and the workshops examined that oppression in its many forms. I Barbara Haridschu, Buffalo chapter, and John Quigley, Columbus chapter, initiated a workshop on gay custody, based upon their respective experiences with gay custody cases. According to Handschu, "the attitude of judges about the stability and competence of homosexuals makes it hard for the best of parents, who happen to be gay, to retain custody of their children. All the opposing attorney has to do is scream 'queer,' and he generally can win the case before the family court judge." Most longtime members of the Guild in this region felt that the most significant effect of the weekend was not necessarily to be gleaned from any one workshop, but from the fact that a major region of the Lawyers' Guild seriously examined the problems of women's opportunities. Convention addresses minority issues by Eric Turner ' The National Black American Law Students Association convention was held in Cleveland, Ohio, March 25-29, 1977. In addition to dealing with the general business of the organization, there were a variety of legal workshops, including: Effects of the Equal Rights Amendment (ERA) on Black Men; Alternatives to Affirmative Action in light of the pending Bakke case in California; Directions of BALSA. Also included in the program were guest speakers, placement interviews, final rounds of the Frederick Douglass Moot Court Competition, and a minority recruitment law day. Co-hosted by the Case Western Reserve University and Cleveland State University Law School chapters of BALSA, the convention proved to be very productive and enlightening for the nearly 300 students who attended from across the nation. As expressed in the convention program, the purpose for which BALSA was formed is to "articulate and promote the professional needs and goals of Black American law students; lo foster and encourage professional competence; to focus upon the relationship of the Black Attorney to the American legal structure; to instill in the Black Attorney and law student a greater awareness of and commitment to the needs of the Black Community; and to influence American law schools, legal fraternities and associations to use their expertise and prestige to-bring about change within the legal system in order to make it responsive to the needs of the Black Community; and to do any and all things necessary and lawful for the accomplishment of thesepurposes within "such limits as are provided by law." - �April 28, 1977 OPINION 8 First Annual Opinion Contest "How High is the Duck?" / AI ft /jf If / >/f y /Af/ /, J^***-^<V>"S'^) r^^i S^^—i^^^/ JI }/\[ >'^7 all entries must be submitted jr\ t0 Opinion 623) by Au9ust 3.1". 1977 /, ■-* Winners will receive a free y^ subscription to next year's Opinion \Ji J Jf J^ Have a Good Summer � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-04-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/28/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/12494754f6b9d45983a35c083164d7d7.pdf 52c74974571dbed4b5aa4c3a356e9daf PDF Text Text NorpProfit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 'olume 17, Number 10 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law March 31,1977 SBA Presidency Student groups seek Murphy victor in runoff improved minority by Robert Selcov was being used.as a vehicle to Tom Murphy is the winner of a promote individual viewpoints. special run-off election held on In order to change this Tuesday and Wednesday, March practice, Cosentino said that 29 and 30, to determine who better communication is needed by David Munro would serve as the next president between students. This is of the Student Bar Association necessary in order to establish a On March 17, members of the Black American Law Students (SBA). A run-off was required sense of community within the Association (BALSA), National Lawyers Guild, and the Puerto Rican when none of the fourcandidates student body, he said. Law Students Association presented a "Minority Student Affairs" running general the in election proposal to Dean Thomas Headrick and about 50 students for Cosentinoalso believes that the SBA must be more effectively discussion. The proposal was written and endorsed by the named was able to accumulate 30% of the student vote, as required by~ organized. "As it is run now, no organizations. the SBA constitution. one knows what anyone else is While noting that over the years the law school has professed to recognize its obligation to provide an opportunity for minority persons doing," he noted: In addition, he Running against Murphy was would like to see more input back to receive an education, the proposal charged that there has been a Bob Kaiser. Jane Mago, who to the SBA from student members steady decrease in the number of minority students admitted since finished third in the genera! committees." She said that the 1974. election, was also eligible to Faculty Student Relations Board of the faculty committees. Newly-elected Treasurer Licker It was further claimed in the proposal that a number of participate in the runoff, but could be made more effective "explanations" have been offered by the administration and faculty to elected not to do so. through the establishment of is investigating the possibility of a withdrawal -justify the decrease, including: a lack of funds to attract qualified.but of the SBA from Sub Joining Murphy as the new guidelines, but only if its members needy minority students; a lack of sufficient numbers of qualified SBA officers are Aviva Meridian, were willing to spend time Board. This would be a move to minority applicants; a lack of facilities to offer needed supportive Vice-President, Andy Cosentino, establishing these guidelines. save money that is currently paid to Sub Board as fees for services; and a fack of significant success on the part of those minority Secretary, and Jeffrey Licker, students who have been accepted on a discriminatory basis. Treasurer. In a recent interview, As SBA Secretary, Cosentino disbursing. He would also Irke to see According to the proposal authors, the reason such problems have theseofficers discussed their plans would like to improve the image not been >olved is that they are "simply not among the priorities of for the comine year. of SBA in the eyes of the arrangements made for permanent Murphy intends to get people administration and faculty. "In funding of the Placement Office. the law schpol." They also note that while private law schools such as Harvard have as many as 140 minority law students (1975-76), involved in writing to state the past the SBA has not been Licker stated that the SBA should SUNYAB Law School, a public institution, had no more than 35-for legislators in Albany. This action seen as a representative of the not be funding it although it may the same year. It was further argued in the proposal that the University will be aimed at SUSTA funding entire student body," he said. He be able to pay a couple of of Buffalo is "run on the tax dollarsof hard working citizens and thus and. getting more funds to stop added that the SBA was viewed as students to work in the office. A common message received should make an effort to provide services to a student body which is the cutbacks at the law school. speaking for the individual Murphy said he found that, last members of the organization and from all of the officers was that more representative of those who support ft." The authors proposed three main programs, namely, year, the legislators were wilting that thisresulted because the SBA they would all be willing and able to work-together. institutionalization of supportive services for minority students after to listen to the law students who they have been admitted, an increase in the number of minority went to Albany to lobby for the faculty, and the appointment of an administrative staff person to SUS program and that the effort coordinate minority affairs. Each program is designed to upgrade was successful. minority student life at SUNYAB. He would also like to see an end to SBA funding of the Law Supportive Services Review, Moot Court and Buffalo The authors of the proposal charged that during the past few Legislation Project. Murphy said years, there has been a "notoriouslack ofany semblance of supportive ie feels the burden of supporting In the face of one of the more hotly contested Student Bar services" at the law school. They further claim that this has been due hese organizations should be Association elections in recent years, at least six candidate nominating to lack on the part of both the faculty and administration to recognize emoved from the students and petitions were allegedly stolen before therace. All those students who alleged their nominating petitions were or accept this obligation to provide such services. The proposal states issumed by the administration that because supportive services were not provided on an iince they are of educational value missing were allowed to appear on the ballot last week, said Alan administrative level, incoming minority students were.forced to rely to those participating in the Gerstman, chairperson of the SBA elections committee. Two students mainly on the largesse of ujSperclass minority students for counseling, activities. In addition, Murphy filed sworn affidavits that they had circulated the petitions and tutorial help, and general guidance. Thisresponsibility, however, often said the funding for these gathered sufficient signatures by the deadline. Three others gave precluded the upperclass students from participating in many law organizations should not be Gerstman photocopies of the missing petitions. The other student had school activities, and often affected their own academic performance. subject to the political whims of enough signatures on other petitions he filed to qualify without the In essence/enrolled minority students were penalized to a great extent the SBA. Murphy also said, missing petitions. for recognizing and accepting an obligation to aid others, who like however, that support to these Those candidates whose petitions were allegedly involved were: themselves, were struggling to survive in the (aw school environ," organizations would not be cut Richard Parenti, a candidate for SBA President; Andrew ). Cosentino, according to the proposal. until alternative funds were made the only candidate for Secretary; Paul Lukin and Mark Pearce, One faculty-sponsored program that the proposal authors thought available. candidates for third year directorships; and David Alexander and Larry had been a success and should be continued, was the "Assistance Meridian's main responsibility Cohen,candidates for second year directorships. Gerstman said an empty envelope had been attached to the outer Courses for Discretionary Students" program operated for the first as Vice (President is acting as the time last fall. The courses, taught by Professors Adolf Homburger, law schools representative to Sub SBA office door as a receptacle for nominating petitions. "Of those Joseph Laufcr, and Joan Hollinger, were designed to provide remedial Board. In this capacity she wijl that were put in the envelope on the door, someone apparently assistance in first semester subject areas for all discretionary students keep students informed of removed five or six. of them. They were all taken on the same day," in need of assistance. (See September 9, 1976 Opinion for program developments and act as a vehicle Gerstman said. to express law students' views. A search of the SBA office on the first floorof O'Brian failed to description). As the officer in charge of turn them up. "I have to make the assumption they were stolen. The authors recommended that the program be institutionalized, pointing out that this was not done last fall because the cost of the (external affairs, Meridian hopes to Otherwise if I didn't make that assumption they [the affected program was perceived to be too high. According to the proposal, facilitate the law school's candidates] wouldn't be on the ballot now," Gerstman saidlast week. however, the issue is one of priorities: "Whether to provide the irecognition by the University and "I have no way of knowing who did it. It could have been anyone assistance courses or an additional two or three seminars is clearly a i increase the law school's voice in walking through the building..." The disappearance of the nominating petitions was not the only matter of priorities of the decision-makers. Maintaining'the assistance Uni versity affairs. She also courses does not involve any additional costs to theadministration; it expects to make contacts with hitch in this year's SBA elections. legislators Albany insure that One in to second-year student, Charlotte Liebig, was denied a place on surely involves a redistribution of existing resources." The proposal authors argue that the results of last semester's the law school's needs are the ballot when she attempted to file her petition past the deadline. adequately presented for program Liebig brought the was a in her petition for ABA/LSD delegate on March 14, also demonstrated that Assistance Courses program I Gerstman said. The deadline was originally March 9, but later had been persons might be increased. consideration. vehicle by which the numbers of minority Meridianwould also like see to to March 11. Liebig's failure to gain a place on the ballot left Since many 'marginal' students did successfully compete with the students "participate to the fullest extended the position of ABA/LSD delegate uneon tested for Kathleen A. additional help, the authors note that this would indicate that a larger i -cant'd. on pate six extent possible on stud,ent-facultv Drumm. program - Ballot access cures alleged petition thefts ' < 1 ' ■ �March 31,1977 OPINION 2 Editorial Commencement at Artpark by Joel Hockett This year's commencement ceremony, scheduled for Saturday, May 28 at 2 p.m., wilt be SUNYAB Law School possesses a distinctive asset in its marked by less pomp and circumstance than is active and concerned minority student groups. Recently, the customary for such an occasion, according to Allen Black American Law Students Association and the Puerto Canfieid, Assistant to the Dean. Whereas in thepast Rican Law Students Association, with the endorsement and ceremonies have been held at Kleinhans, this year assistance of the National Lawyers' Guild, presented a commencement will lake place at Artpark, an for the performing arts, located in detailed proposal to Dean Headrick outlining the policy outdoors center Niagara Lewiston on the River. decisions they consider necessary to increase minority This change was in part out of necessity, due to student enrollment in this law school. unavailibility of Kleinhans on the chosen date. the It should be obvious to every law student in this school However, it was also a result of a general desire to that minority enrollment is disproportionately small; the informalize the occasion, as expressed by the matter should also be of concern to every law student. It is graduating class in a recent poll taken by Canfieid's office. addition to voting 2-1 in favor of the absurd to espouse "liberal" legal ideas of non-discrimination ArtparkInsite, third-year students also voted against and equal protection and yet remain unconcerned about wearing graduation gowns; thus only the Dean and equalizing the student body makeup. the President of the University or his representative Dean Headrick is fortunate to have minority student will wear therobes. The task of simplifying the ceremony is being groups who are willing to formulate tangible and feasible up by the Commencement Conrfmittee, which recommendations to alleviate the racial disparity in thislaw taken is composed of Canfieid, Professors William Greiner school. They are indeed an asset, an asset far too valuable to and Milton Kaplan, and six students: Barry Fertel, lose because of inaction or a misordering of priorities. Cynthia Weaver, Leslie Haggstrom, Bob Citronberg, Alan Gerstman and Paul Edgette. Their aim i> to cut Letter to the Editor To the Editors: We wish to thank the National Lawyers' Guild, the Puerto Rican Law Students Association, and other students who supported BALSA's proposal for continued assistance courses, and the hiring of an administrativeperson for minority affairs. The proposal is part of an attempt to ensure that more minorities both come to and remain in Law School. The continuance of a substantial assistance program, which proved its value last semester, is vital to the academic well-being of minority students. The hiring of an administrative. ,person is also essential, particularly in terms of recruitment (currently minimal) and co-ordination of tutorial services. During a period when "benign neglect" seems to be a hard and fast reality, we find it encouraging to see recognition of and concern for ameliorating some of the societal inequalities which also make themselvesfelt in educational institutions. We hope to both have your continued help and to broaden support for our long range goal to increase the pitiful 1% which minoritiescurrently constitute of attorneys in America. — Sincerely, Black AmericanLaw Student Association down on the role of the program itself and focus more on the students and their achievements, Canfieid said. For example, more visual focus on the students can be attained if they can sit onstage with thfr faculty during the ceremony. There will also be less emphasis placed on therole of the invited guests. Even the music will be less ceremonial and more contemporary, with the University Brass Quintet performing. Following the commencement ceremony, there will be a social hour, possibly with music provided by a law student group. In the evening the Buffalo Philharmonic will open its season at Artpark, performing Lerner and Lowe. Jh'ii will involve the only admission charge during the day. Perhaps the major unresolved problem for the Committee is finding a commencement speaker. Canfield's poll showed the students to be overwhelmingly in favor of having a speaker (the faculty opposed it, 8-4), but unfortunately the students have expensive tastes. Barbara Jordan and Bella Abzug both command fees of $2,000 or more. Because the usual provider of the commencement speaker, the Mitchell Lecture Committee, has decided that such funding is improper, the graduating class is left to its own resources, i.^," under $500. The Dean has told the Committee that if a speaker can be found for $5,000 he will locate the funds to make up the difference. Canfield believes that, in light of the present budgetary situation, spending $2,000 for a speaker is a "waste of money" anyway, since the speaker only tends to take the spotlight off the students. With regard to other speakers under consideration, justice Marshall ts unavailable on graduation day, and Canfieldhas so far been unable to contact Judge Wetnstein or Senator Moynihan. Perhaps the biggest prospect so far is Joseph Sorrentino, a graduate of Harvard Law School and author of Up Fromi Nowhere^ The CBS news program, 60 Minutes, recently,did a story on hisrise from juvenile delinquency in New York to the judiciary in California. He may only be affordable because he plans to be in the East at graduation time anyway. !n other news from the 3rd floor, the Registrar's office has confirmed that there will be classes on Saturday, April 2, and that classes will resume on Tuesday, April 12. Classes will then continue as normal through May 7. However on Monday, May 9, students should attend Thursday classes, and on Tuesday, Ma\ 10,'they shduffl-att&ritl Friday classes. ' Orientation . . ........ ~..-/„....i,. ,/Poor past spurs student action by Becky Mitchell A group of students, faculty members, and administrative personnel have begun planning the first-year student orientation program for the fall. Dave Brody, a first-year student, is organizing the effort. Discussions of problems of previous orientations have led to preliminary division of the orientation process into three to plan and carry out orientation day activities, to did in the collection of housing information, and to help with other planning. Persons interested should contact Dave Brody (834-5596), Becky Mitchell {838-6687) or Nancy Peck. Otherwise, inquiries can be made through Allen Canfield in room 311. UB finishes third in Jessup regionals parts: pre-orientation, orientation, and continuing orientation. by Mike Buskus The committee, which meets Wednesdays at 11:30 in room In the recent regional competition, SUNYAB Law School's Moot The International Law Society will meet, at 5:30 on 2 14, is con si.d c r i n g a Court Jessup Competition team placed thjrd among eleven •pre-orientation mailing to participating law schools. Hosted by Cornell Law School on March Wednesday, April 13, and again on April 19 or 20, to students who have been accepted," 11-12 in Ithaca, New York, the competition involved presentation of nominate and elect officers for 1977-78. After vacation, to include a summer issue of written memorials (international legal parlance for "briefs") on a watch the 2nd floor bulletin boards and the door of room Opinion, information on housing, controversial topic and several rounds of oral advocacy based on the student activities, and first-year same subject. 604 for where the meetings will be. faculty. The orientation program at the law school is scheduled for This year's competition, named after international law scholar Tuesday and Wednesday, August Phillip C. Jessup, dealt the question qf nuclear non-proliferation. 30-31. It is hoped that upper class The specific controversywith involved both technical scientific issues-ami students and faculty members will questions of Vol. 17, No. 10 OPINION treaty interpretation. The dispute revolved around March 31,1977 attend the orientation and help whether or not the Editors: Cornelia Farley with the various programs. Joseph of plutonium from development of the capability for the production uranium was a peaceful activity. Such reprocessing Tanis Reid Krakowiak, Director of of plutonium would be allowed if it were held by the court to be Louise Tarantino Orientation on the Main Street peaceful, but Business Manager: Steve Errante would be prohibited if it were construed to constitute Photo Editor: NancyMuHoy Campus has offered his assistance military activity. in training workshop leaders, and Staff: fan Barber, Rob Ciandella, Andrew Cosentino, Ted Firetog, Jeff planning specific activities to Granat, Jean Graziani, Joel Hockett, Susan Hogan, Kirn Hunter, Becky achieve the goals of the Stephen Deßaun and David Clegg, third year members of the Mitchell, David Munro, Sharon Osgood, John Privitera, Dean Silvers, John orientation. Moot Court Board, represented SUNYAB Law School at the Simson, Patrick Stellato, Bob Selcov Plans are in the making for competition. Deßaun and Clegg were assisted by three first-year Art: Kastle Brill Photography: Frank Carroll, A.D. Scoones continuing orientation to take students in the development of the two 25-page memorials. Ted Contributor:Shery( Reich place after classes have started, to Firetog, Larry Cohen and Mike Buskus performed background research problems deal with and issues that for the team. Copyright. 1977, Opinion, SBA. Any republication of materials herein Is arise once students are settled At this year's inter-school competition, each entrant participated strictly prohibited without the express consent of the Editors. Opinion is somewhat published every two weeks, except for vacations, during the academic year. in four separate rounds of oral argument, each pairing with a different It is the student newspaper of the State University of New York at Buffalo members of the opponent. To test advocacy skills, each team alternately represented School of Law, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views orientation committee have applicant (petitioner) and respondent SUNYAB's team won three out expressed In this paper are not necessarily those of the Editorial Board or extended an invitation to all law of four match-ups, including an upset victory over Syracuse University, Staff of Opinion. Opinion is a non-profit organization, third class postage entered at Buffalo, N.Y. Editorial policy of Opinion is determined students to contribute their ideas, which won the award for best memorial. The Buffalo team narrowly collectively by the Editorial Board. Opinion is funded.by SBA from Student time and/or talents. People are missed placing second, being edged out by one point by Rutgers. The Law Fees. Composition: University Press at Buffalo needed to gather information and winning school in the competition, St. John's, advanced to the articles for the summer Opinion, national finals, which will be held in San Francisco April. in ,— \ �March 31,1977 OPINION 3 Hinds speaks on political activism of NCBL On Wednesday, March 16, BALSA ahd the Distinguished Visitors Forum sponsoredLennox Hinds, presently National Director of the National Conference ol Black Lawyers (NCBL). In hts speech, Hinds indicated that the NCBL is an organization which is community service oriented, as opposed to being a trade association in the nature of the National Bar Association (NBA). Hinds noted that the NCBL tries to become involved in litigation which is political in nature, including foreign affairs. According to Hinds, the NCBL is a non-governmental delegate to the United Nations, thereby enabling the NCBL to sit on various commissions within the UN ahd render advisory recommendations. Hinds said that there is very little difference between domestic and foreign policy in the U.S. and that therefore it is necessary to keep abreast of and make efforts to stifle, "the imperialisticactions of the UnitedStates." In addition to human rights being protected investigations." abroad, Hinds pointed out that Carter must be forced to deal with human rights at home, |n his speech, Hindsnoted thai the criminal justice system in the Professors late; students angry; clocks gone by Kirn Hunter • How many times have you found yourself perched on the edge of your seat, books in hand, ready to run at the first sign of dismissal when a class is nearing its concludion only to have the professor continue to expand,, upon the importance of a comma in §25 of the Hawaii State Statute for another 20 minutes?? At such moments, students tend to conclude that professors are blind, since they fail to observe the writing on the wall or, at least, the cTock. Students wishing to confirm their suspicions about the length of class will search in vain, because most of the large lecture halls sport only square indentions thoughtfully decorated with stray wiresinstead of clocks. Workers in the O'Brian maintenance office have informed " Opinion that this state of affairs is due to a severe vandalism problem in the school. All of the missing clocks have been replaced at least once, some as many as three times. The clocks cost $40 apiece to replace, and the Amherst Campus maintenance department has refused to replace any more clocks until better means for securing therh can be found. According to O'Brian maintenance workers,, clocks in Baldy Hall were installed with chains in the back to prevent theft but, as most bicycle riders well know, chains have not been an effective deterrent to practiced rip-off artists. Vandalism in O'Brian alone is not limited to clocks. Two students were caught stealing tables frofq the front of a lecture room, a worker reported. A , before the Supreme Court, Hinds responded that "given the court's composition and their prior holdings, NCBL is not very optimistic and it is our view that the court will uphold the rulings of the California Supreme Court. victims of counter intelligence and that "the Paranoia of the American intelligence system is evidenced by the listing of Black entertainers on counterintelligence lists procured by the National Black Caucus as a result of Red Squad Hinds also raised the point of the attorney's right to criticize a proceeding in which he has been involved. Asking whether "lawyers waive their first amendment rights upon admission to the bar," Hinds said that a public trial has no true meaningif it cannot be scrutinized and criticized by the public. The inability of attorneys to exercise their first amendment rights was attributed in part to the weakness of the bar and therefore the arrogance of the bench, according to Hinds. However, he said that there is "some hope in a new breed of lawyers which seemsto be being born with more heart and ability to risk something than their predecessors." ' U.S. is used to achieve political ends. In his dealings with tome criminal cases, Hindssaid that he feels that "the defendants are nothing more than political When asked about the Bakke prisoners within the U.S." He case concerning reverse noted that prominent Black discrimination in admission to citizens in the U.S. have become professional schools, now pending Here at the western new yorker podium was taken one evening, before a lecture was to be given. We've been told, by a Thirty people were in the .room confidential source, that buried when the theft occurred and no on the fourth floorof the Library one would come forward with any is a thriving though closely held operation specializing in information about it. Professor Wade Newhouse has hand-made hypotheticals. Most of been trying to get the Amherst its business comes from the Campus maintenance department professors. "We'll get a request in by say to do something about getting new, more secure clocks. "Having four or five in the afternoon, and clocks in the classroom is we can usually work something up important to students and for next day's class by nine or ten professors both during class and at the next morning," Mr. Potter, exam time. There must be some way to deal with the problem," he said. Professor Newhouse indicated that while he deplored the repeated incidents of vandalism at the law school, he would continue to press for a solution to the problem. In the meantime, students will have to resort to guerrilla tactics in order to be released from class on time. Paper rustling, book slamming, arid briefcase shuffling are good techniques, but sometimes have the unfortunate making the result professor speak louder. Be sure not to oil the hinges of your briefcase; if the sound is sufficiently annoying, it should get the professor to at least stop talking. Once the professor ceases to lecture, students will assume class is over and run out of the room. More daring students may take advantage of the anonymous grading system and inform the professor directly that her/his time (as well as the statute of limitations) has run. Perhaps the easiest thing'would be to leave when vqu feel class is over. When the professor realizes that no one is there, be or she will probably stop talking and leayej, too. ~>.-", ■i, ■ '•■>■ rtdWj " M kfiiUfifi • If that occurs, state institutions like SUNY Buffalo will begin dismantling whatever minority student programs they have and challenges will have to be brought in state courts on a state by state basis," he added. Subsequent to his speech, Hinds commented on foreign affairs, stating, "The Middle East conflict should not be seen in an amorphous sense. It is a shift in economic relationships between West and Arab countries. The West maintains the technology and there has been a shift in the money. "Apprehension has arisen with the investment of Arabs in U.S. concerns," Hinds added. "The U.S., in attempting to maintain its influence on the flow of Arab oil, has used Israel as a wedge to destabilize the Arab community. There is a link between Tel Aviv, New York and Johannesburg. The Israeli government carries out the U.S. foreign policy," he concluded. one of the darks, told us. "How exactly does it work?" we asked. "Well, a professor gives us a case which usually involves live people with a possible, thoughfrequently unlikely, fact situation, and we just take it to its most unlikely end. We are prowling the borders of about five disciplines: physics, logic, biology, human experience, and humor, to name a few. "The idea in a hypothetical," he continued, "is to take a mildly uncomfortable and unreconcilable situation and take it to the point where you have people squirming in their seats, knowing that of course it would be absurd if the rule just worked out were applied there, but they can't figure out why, hypothetically, it can't be applied. It's great fun." We asked for examples. "Take Con Law," he said. "Just when the class had been willing to accept that the Constitution had explicitly limited its jurisdiction, we had the professor ask what would happen when we got to Mars. The class, of course, collapsed* appalled by their own short-sightedness. "Tax is a problem, though. A lot of pur business is being edged out by the Regs. No one can appreciate a hand-made anymore, and no one heeds one when you've got the Regs. There are so many unlikely, inapplicable situations in there that we've been effectively eclipsed. There's no quality where you've got quantity, but what can you do? Take, for instance, the 'maintaining a household'section: 'If a couple lives in an igloo for six months and the husband is a -piano tuner who fixes the igloo roof with tools he borrows from We asked him if he could think of a system of legal training which would not use hypotheticals. He laughed, and said we'd have a long way to go before we could compete with him. his employer, and his wife carries her lunch to work three times a week ...' That sounded familiar to us so we started figuring out whether they realize income from using the tools, but Potter continued. thought that was needed, so we invited him to the-Law School to discuss it. "Judo," he told us over tea, "is all about strength. Not strength you have, but strength you can use. In other words, just because you have it, it doesn't mean you know how to use it, and even if you don't have it, you can use what your opponent has. It's surprise, using your size, leadening your bottom when threatened, and laying like a log on your stomach when thrown." That! sounded like law to us, so we arranged for a class to begin on Thursday, 10 a.m., in the Moot Court Room. hypothetical in tax "We are very proud of our most recent expansion. We've got a toll-free connection with Washington, you know what I mean, ha ha, and we get some weird questions from there. One of those guys, still that 'state action' is a government-run bordello, so you can imagine what his 14th Amendment opinions would look like if we didn't help him out" ' *** We got a call from Coach Michaels from Clark Gym who was wondering if we would be interested in having him run a Judo course for law students. We were curious about why he �"You can't reverse the law of gravity on appeal." -Petrocelli, A. nopinion "I hearby overrule the law of gravity as it poses too great a restriction on individual movement" State University of New-York at Buffalo School of Law Special Supplement -Rehniquist, J. April 1,1977 Buffalo law students indicted Diplomatic relations to be for impersonating federal restored; SBA exile to end after officials convened 25 years in Erie A special grand jury County last fall to investigate corruption within the State University Law School, returned an indictment today naming five In a surprising announcement, President of the Student Body, reported that the Nationalist Government of the Student Bar Association would be recognized. SBA Energy Czar Cisco Houston was ecstatic. The SBA had been a powerful force until 25 years ago, when the student body banished its members from O'Brian Hall. However, the SBA was able to secure a small island in front of the building, and has been governing there, while in exile. Every so often, a student will stray too near the SBA Island and is captured. Some do not return. Others are brainwashed so severely that they can no longer serve a useful purpose in life (except on ocean liners). One who did return was Ralph Ralph Stairsteps two ducks be enjoined from further laying waste to their island. The SBA is further concerned about Stairsteps. RS: "Well, I'd just finished my Con Law Exam, going through the six steps and all that, and. I wasn't really paying any attention to where I was going. All of a sudden, this canoe" came out of nowhere and scooped me up." . . MP?. "What happened next?" RS: "Well, I heard someone reciting from Robert's Rules of Order, and I thought there was some sort of meeting taking place, but.. when we got closer I realized they were having a big beer, party and that the guy reading the Robert's Rules was- trying to distribute the beer in an orderly manner." MP: "We've heard varying reports as to the size of the SBA. There must be quite a few, if they needed Robert's Rules to distribute beer?" .. RS: "Well actually, there were only two of them. They kept staring at me and screaming something about finally having a quorum after all these years." MP: "How did you finally effectuate your . escape?" "RS: "Welt, they were discussing how mcuh money they were going to allocate from mandatory student fees to coastal defense and I swam to safety." Broonzy is now negotiating with the SBA leaders as to the exact terms that will be acceptable. He stressed, that no concessions will be given, until all LSIA's have been accounted for. It is rumored that close to three students have still not been accounted for. The SBA is reportedly holding out until the student body guarantees that a bridge will be built, and two Russian trawlers that were spotted within their coastal waters: When the Russian Law Students Association and Embassy was contacted they refused to comment on the activities of the trawlers. UB law students for violations of 18 USC §§711 and 711 (a). The investigation was begun at the request of President Ford after he was informed by undercover agents that some persons were threatening thehonor and security of the United States by fraudulently and maliciously misrepresenting themselves to be "Smokey manufactures, reproduces, or uses the the Bear" and "Woodsy Owl" at law school character 'Woodsy Owl/ the name 'Woodsy President functions. The former took Owl,' or the associated slogan, 'Give a immediately by appointing decisive action Hoot, Don't Pollute1 shall be fined not a special assistant United States Attorney more than $250 or imprisoned not more investigation, conduct sources said. than six months or both." to an The names of those persons indicted § 711 of 18 USCprovides: "Whoever, are being withheld until they go before the except as authorized under the rules and regulations issued by the Secretary of character committee, at which time they Agriculture .knowingly and for profit will be arrested by armed SWAT manufactures, reproduces, or uses the commandos, bound hand and foot, and character 'Smokey the Bear' or any carried out upside-down on giant gavels. facsimile thereof, or the name 'Smokey the. An underground organization is organizing Bear' shallbe fined not more than $250 or a Smokey the Bear and Woodsy the Owl imprisoned not more than six months or Defense Fund, in, order to., prepare a both." §711 (a) provides: "Whoever, defense for the unknown impersonators. except as authorized under the rules and Dpnations should be sent to Box 007, regulations knowingly and for profit Nopinion Office, O'Brian Hatl. . . Buffalo maintains progressive image, holds commencement at the zoo Office's tn a break with tradition, the law school will hold its 1977 graduation ceremonies at the Buffalo Zoological Gardens, Alan L. Canfield, Assistant to the Dean, has announced. The administration feels that the zoo is a more appropriate setting for the graduation than Kleinhans or the Aud during half-time at a Buffalo Braves game, or more traditionalarenas, particularly this year when Justice Warren "King Kong" Burger will be lecturing on the Law of the little more." It is rumored that the Placement Office is especially enthused about the location. Director Karl Aisle feels that holding graduation at the zoo will help in getting new graduates together with prospective employers. In the past, the Placement Office has had trouble in luring prospective employers to the law school. It feels that they would be more easily induced to go to the zoo. Canfield feels that the Placement plan, while basically sound, a danger of confusion. He thinks, however, that any confusion can be eliminated by prominent signs warning: "Interview only those outsideof cages. The ones inside the cages are property of the zoo and will not be allowed to leave the premises, no matter how prestigious the firm." presents If funds permit, next year's graduation will be held at Disneyworld, Canfleld said. Jungle. Canfield that cages filled with bored animals would create an environment more relevant to the law school experience. A recent administration poll soliciting seniors' ideas for making the graduation more meaningful turned up a surprising consensus that most casebook opinions had been written by drunken orangutans, striking typewriter keys at random, and that everyone would like to see some of the authors in person. According to Canfield, the only facility at the zoo large enough to hold the graduates and speaker is the aviary. He expressed chagrin that, due to a shortage of funds, the school would not be able to issue each graduate an umbrella. "But,"he added, "people just graduating from law school have already had so much guano fall on them that they won't even notice a It's All Happening at the Zoo — (left) Faculty'stranded on library landing with Fei �Letters to the Editors SONGS OF THE COMMON LAW "Res Jude" To the Editor (of Opinion, not Law Res Jude, does not apply there was no notice of a class action Due process, will let you into the court so you can get some satisfaction I take offense at the suggestion that Qte Checking originated in the People's Republic of China. As everyone knows, cite-checking originated in 16th Century England.1 The arrival of this fine art form Well keep em out or let em in Res Jude you too, you're looking for efficient Court proceedings But don't you know that it's a fool who makes a rule that's hard and fast and self-defeating Na na na na na, na na na na Review) in the colonies was rivalled only by the impact of tea and the stamp tax.2 I would hope you would use a little more research in your stories before you start becoming an irresponsible and untrustworthy source of tittle-tattle. As for that quidnunc who wrote the news item, ditto! 3 Sincerely, Six Unknown, Unnamed Law Review Editors Ed. Note: We would like to point out that cite-checking did not originate in either CommunistChina or England, but rather in Mexico during the Aztec period. The Chichimecs, a violent tribe of warriors, whose name translated means son of dog, made extensive use of cite-checking in their everyday lives. Each morning before a warrior went out on the hunt, he or she was required to put in about an hour's time preparing articles for that week's "Archaeology in Review." In thisway, the tribespeople were assured that their activities were accurately reported in the Spanish press. Author's note: I hate to contradict my editors, but long before the Chichimecs were checking sights in Mexico the Chinese people were in fact doing so. During the M'ing Dynasty, wall posters were introduced for the first time. It was quite important that people all over the dynasty were well informed as to what the current posters should say. The emperor therefore summoned young scholars and told them to make pocket parts for the posters to keep them up to date; and further ordered the posters shepardized so that they could be removed when they were finally overruled. Now, I realize that this isn't technically cite-checking, but close enough to merit consideration. If I created any stigma to those who do cite-check, I am sorry. "Remainderperson" Who can look at a fee tail, if there is no heir take it in fee simple and live life without a care Remainderman can cause he takes it all in fee and makes the world go round Who earn take a life estate, or a term for years, enforce his rights in equity and leave 'em all in tears Remainderperson can cause he/she takes it all in fee and makes the world go round Remainder person takes, everything he takes In fee simple absolutely You can see it resolutely Especially if there's perpetuity Dear Editor: I have been following the career of one of your columnists quite closely this past year. It is primarily due to the fact thathis column is somewhat like mine was last year. Now I'm not claiming that he's stealing any material, or any action like that, but I am somewhat irked. In any event, I really didn't mind even that until he started.writing about hockey. The early columns showed promise. Hockey.' was dealt with with disdain. But the last column, Forecheckfng in Communist China, really was too much. Now that the Communist Chinese are playing it, and the Russians are ripping everyone apart, maybe the people around here will realize it is just another pinko commie plot to corrupt our way of life ... I hate hockey. Yours Meekly, Larry DearEditorettes, I would like to protest the article on Cite Checking in Communist China. It was yellow journalism to the worst degree. And, as one law professor here might add, "Who gives a rat's ass!" Sincerely, Six More Unknown, Unnamed Sincerely, Law Review Cite Checkers I.Edgar Stairsteps , 2nd Circuit uncovers Hand-written letter Thishand-written note was foundin an abandoned study carrel. The footnotes have been removed to protect the innocent, torn from the bottom ofthe page, but here reprinted, is the musing ofa first year law student. srtel. (Right) Students clog halls and stairwells to prevent rescue attempts. Dear Mom,1 School is fun.2 I am learning about 3 neat stuff. Remember that time in 1965 when the plumber put the acid down the 4 drain and blew up the hot water heater, well you were right, we could've sued.s But it's too late now. One of my law "" school professors,6 who has long hair and isn't a girl,7 told me at orientation that someday I would be able to argue all sides of an issue without even thinking about what I was saying. He told me that at that point, I wouldbe a magnificent lawyer and 9 a terrible human being.8 He's so deep! Well, I've got to get back to the library now. I hope you are still pleased that you drove me every day of my waking life to become a lawyer, because I appreciate it. 10 All my love, Learned �March OPINION 6 j I, I"• Briefs: review, women, civil rights and the Bar Recently-elected Editors of the Law Buffalo Law Review include Neil Cartucsiello, editor-in-chief; Tom Carney, publicatjons editorrKen Gartner, managing editor; Louis Faber, business editor; Phil Szabla and Sandy O'Loughlin, technical editors; David Ascher, Steven Gerber, and George Williams, articles editors; Kevin Major and David Reitz, research editors; Russell Brown, Colleen Butler, PhilClarkson, John Costello, and Jim Muckelwee, case and comment editors. Albert Jenner (above, right), Chicago attorney who served as chief counsel for the House Judiciary Committee's Minority Republicans during the 1974 impeachment hearing, spoke about Watergate in the ethics, Jenner s Moot Court Room on March 24. Organized as part of a third-year law course in presentation was open to the public. After his talk, Mr. Jenner answered questions from the audience. BRC bar review course is. offering two free lectures on New York Practice featuring Professor Miller of Weinstein, Korn and Miller. These lectures will be given from 2 'til 5 p.m. on Wednesday, April 13, in room 109, and Tuesday, April 19, in room 1.06. Two I. additional lectures, for a cost of $35, will take place from 2 'til 5 Women's Law Association will be p.m., in room 109, on Wednesday hosting a brown/bag lunch session and Thursday, April 20 and 21. every Wednesday between 11:30 For more information, call Maria and 1:00 in the first floor lounge. Mossaides at 886-2759, or Ron All women are invited to attend. Eskin or Lew Klee at 837-9552. BLP terms Minority programs. .. openhouse cont'd. frompage one —number of such students could be admitted in the future. "Indeed," The proposal points out that administrative staff persons witr similar duties have worked well at the law schools at Wayne State University, Rutgers University, Temple University, and the University of Wisconsin, as well as at the medical school here at BuffaloThe authors specifically stated that these responsibilities should not Be given to a minority faculty me.mber. "Their [minority faculty members] professional duties should include none that are not also the duties of their colleagues. What we are proposing is a person who would devote his or her energies fuU-time to the coordination of minority studentaffairs." Most of the discussion at the meeting centered on this recommendation. Students argued that the appointment of a minority affairs coordinator would symbolize a recognition on the part of the. law school administration that much more energy must be put into the though responded favorably, area of minority affairs. "It's a simple issue of the priorities of the law At the meeting, Dean Headrick recommendations. He said he school," one student concluded. supportive services cautiously, to the While agreeing that more must be done to guarantee an increase in would agree to meet with representatives of BALSA, National Lawyers Guild, and the Puerto Rican Law Students Association to formulate a future minority enrollment and achievement, Dean Headrick stated "it remains that the proposal as a whole does not give, enough credit to "sincere tutorial program for next fall, though at this point, he said, unclear how much involvement, or responsibility, the administration efforts in the past by many members of the law school community." the subject of the appointment of a full-time minority affairs staff accept." On will Concerning the institutionalizatiori of the Assistance Courses person, the Dean was not convinced that this was the solution. "First, program, the Dean said that the results from last semester are presently when one person is given so many responsibilities, my experience has being evaluated and "If the evaluation is favorable, some kind of been that everyone else wipes- their hands, resting assured that supportive assistance course program will definitely be offered next someone is doing what is necessary," he said! "Also, again relying on fa11,." he assured the groups. Headrick added that "the only problems past experience, such a staff person will soon become bored and will now involve staffing (Professors Homburger and Hollinger are both demand teaching or other additional responsibilities, thus strayingaway leaving the UB faculty next fall), and the exact foVm theprogram will fromhis or her original responsibilities," Headrick addea. "Taking into consideration the time and effort it would take me take; if continually successful, should be institutionalized. and there's no guarantee that I could to arrange for such a position Increased Minority Faculty I think my efforts would be better spent on other means of The authors of the proposal regarded increased minority faculty as accomplishing the same end," Headrick concluded. At the end of the meeting, Headrick was asked whether more being important to increased minority enrollment, and noted that a sincere effort must be made in this area: "We are not proposing that minority students wouldbe accepted in the next few years. He replied, the University hire one minority person to replace Professor Holley in "I'll be candid the immediate future isn't bright. There's not much the event that he does leave the faculty. What we are proposing is that being done at this point. However, if I am successful in obtaining a genuine effort be made to increase the numbers of minority faculty additional funding, and if we work to make the law school appear to as opposed to an effort to maintain the present level," the proposal be a more attractive place for minority students, I think we can increase enrollment,"he added. states. After the meeting, several students expressed dissatisfaction with At the meeting, Dean Headrick responded that he had extended an offer to a minority professor for next fall, and also said he "thought the Dean's responses to the proposal. Nancy McCulley, the chief at Holley Professor would remain author of the proposal, satd, "We hoped that Dean Headrick would be that chances were, good that more definite in his commitment towards implementing our >~7SUNYAB next year." recommendations. The Dean sets the trend for the rest of the law school. If he strongly believes that UB should make a strong effort to Administrative Staff Person for Minority Affairs that full-time attract qualified minority students, he has powers to lead such an a The final recommendation in the proposal was student minority be hired coordinate effort, and the rest of the school will follow. I don't feel that we got a to administrative staff person of such a strong commitment out of this meeting," she added. affairs at the law school. The proposal notes that the duties Mark Pearce, president of BALSA, also expressed some person would be to coordinate and, in some instances, directly provide many of the supportive services that the authors regard as essential in disappointment. "I feel that the creation of a full-time staff position for a minority affairs coordinator is crucial. Dean Headrick seemed to upgrading minority student life. According to the proposal, the job duties of the staff person feel that such a person would have to be trained in administrative would include: 1) recruiting of, minority students; 2) serving as an matters, psychological counseling and tutorial skills. We just want whois committed to increased minority enrollment. As far as advocate for minority students; 3) serving as a liaison between someone 4) soliciting the rest of the recommendations, we'll have to see what the Dean's minority students and the faculty and administration; says/ Pearce noted.' minority 5)coordinating response tutorial written students; sources of financial aid for 7) advising on A copy of the proposal fs available in the BALSA office, services as needed; 6) counseling minority students;and fifth floor, O'Brian Hall. placement problems after graduation. - the authors point out, "this appears to be our only hope of increasing minority enrollment in view of the fact that there is no organjzec recruitment effort in existence nor any special attempts to attract th( 'more qualified' minority student." The authors further proposed that the probability of partjcipatini in thisassistance program be a factor in the admissions process. They noted that such a program, as well as an administration-run tutorial program after the first semester of law school for students needing additional assistance, is essential "if significant numbers of accepted and enrolled minority students are to successfully complete thei1 course of study so as to defeat the revolving door syndrome whic accosts minority students." * — - - : Students Civil Rights Research Council is accepting applications for Summer internships in the civil rights area. Contact Maria I Mossaides-886-2759 or Ron Eskin 837-9552. a success by Becky Mitchell The,Buffalo Legislation Project held its annual open house Wednesday, MaVch 23. The open house is designed to inform first year students about the purposes and functions of the organization, and to recruit new members for the fall semester. The directors said the members of the class of, 1979 appeared, much more interested in searching out extracurricular experiences and involving themselves in non-classroom programs than students of previous years. According to Project director John Arpey, students were interested in how the projects areaccepted and assigned. Arpey said' that projects are solicited according to student interests. Factors used in accepting projects include clarity, definition and scope of the projects, limitations of staff size and time (usually one semester), and benefit to the source. Students were also interested in whether BLP receives any federal projects. Arpey said the sources for BLP are mostly state legislators and committees, and to a lesser extent, local governments and agencies. j Some students expressed a concern that they had no background or .experience in drafting legislation. Arpey said that experience is obtained "on the project" and that special seminars will be offered, when needed. In addition, 'many projects do not involve legislative drafting. Those first year students who tWnk that they might, be interested in the BLP, are invited to visit the office in Room 724 any day during posted office hours, to talk with present members and obtain an application. The deadline for all , �March 31,1977 OPINION 7 Paralegals provide much-needed assistance , by Sharon Osgood Perhaps one of the fastest-growing professions is that of the Paralegal. And as public legal assistance offices and private law firms increasingly recognize the value of the paraprofessional, the Paralegals themselves have begun to seek definitions of their role and establishment of standards for their profession. Mary Ann Murphy, paralegal for the Buffalo law firm of Moot, Sprague, is an advocate of high standards of training before a person is recognized as a member of the profession. Towards this end, Murphy explained recently, the Paralegal Association of Western New York was recently incorporated. To be a member, an applicant must be a workingparalegal who' is either a college graduate, a graduate of a junior college or the equivalent thereof, with specific Paralegal training, or have three years of working experience as a Paralegal. Murphy would welcome Bar Association review of Paralegal standards, she said, but fears that they might not be strict enough in setting standards. Murphy is a graduate of the Paralegal Institute in Philadelphia, which provides four months of intensive training in -particular areas of law such as Real Estate, Estates and Trusts, Tax and Litigation. A graduate, she specializes in Real Estate, and is now responsible for preparing land transaction documents including deeds, affidavits and closing statements. Sinceher firm is counsel for Erie County Savings Bank, she also is involved in many mortgage closings. All of her work is reviewed by one of the 24 attorneys "working in the firm, she said. A good definition of a Paralegal, according to Murphy, is that,used by the Paralegal Institute: "A Paralegal performs tasks"Which havev'traditionally been done by attorneys, bul don't require bar admission to perform.** In the three years she has worked for Moot, Sprague and the two years she has worked in a private law firm in Chicago, she encountered few problems being accepted by the people with whom she works, once attorneys realized her capabilities. Apparently, setting standards for the Paralegal profession is not a priority concern to the Erie County Bar Association. Though a Law Office Management and Paralegal Personnel Committee has been established, chairman E.W. Dan Stevens advised that the Committee isn't looking at Paralegal standards and has no plans to do that in the immediate future. The Committee's major task this yearhas been to organize a seminar on office management, which will endorse the use of Paralegals to increase economic efficiency of offices. Stevens feels that the consensus of opinion among; the attorneys with whom he had discussed paralegals was that it is best to leave the setting of criteria to individual offices. Another Erie County Bar Association Committee, the Administrative Agency Committee, is basically concerned about lay people other than Paralegals who are permitted to appear at Administrative hearings. Solon Stone, Committee chairman, noted that since Paralegals generally workunder the supervision of an attorney, they are not a source of concern to thatCommittee. An enthusiastic advocate of the use of paralegals is attorney Larry Faulkner, Director of, the Legal Counselling for the Elderly Office for Erie County. Budget concerns are a major reason for utilizing Paralegals, Faulkner noted recently. HK busy office is staffed by three attorneys and eight Paralegals who are continuously involved with heavy caseloads. They could never afford to hire eleven attorneys, Mr. Faulkner observes. An unusual feature of Faulkner's office is the use of "seniorparalegals."*Five of the paralegals are older persons who, Mr. ' . Faulkner explained, are sensitive and attentive to the needs of their clients. They understand the aging process. The paralegals are well-trained in the Office's own training programs, and consequently the paralegals are able to do initial interviewing, identify the legal problem, and develop and implement a plan to deal with the problem, including appearing at administrative hearings. The paralegals are all closely supervised by attorneys on a case by case basis with a weekly conference to review alf their cases. Faulkner feels that some members of the legal profession feel threatened by the recognition that others besides lawyers can perform jobs traditionally done by lawyers, failing to see that the use of paralegals is economically sound and increases accessibility to the legal system. One of the senior paralegals, Harold Southard, expressed enthusiasm for his work. He had operated a dry cleaning business for many years, but always felt a desire to be more involved with helping people, Southard said. He learned of the paralegal position through the Erie County Office for the Aging Job Placement Service. At age 65, Southard began working for the Legal Counselling for the Elderly Office in August, 1976. He underwent a week of full-time training conducted by two experienced paralegals, followedby weekly in-service training sessions which still continue. Southard has not found clients to be reluctant to deal with him rather thanwith an attorney once he explains his role, he said. One of the experiencedparalegals who participated in training Southard is Ann Pfeiffevrfow a first year law student at ÜB. Pfeiffer had worked a year at the Legal Counselling for the Elderly Office prior to starting law school! She had sought the position in a law office to see if she would really like law work. She had no previous paralegal experience, but the office provided her on-the-job training by the staff attorneys and one other experienced , , hearings. All cases are under the The only paralegal interviewed who supervision of the staff attorneys. did not work under direct attorney Caulfield had no complaints regarding supervision was Jerry Paun, a first year law his acceptance by the other staff attorneys. student Paun was a VISTA paralegal There are no clear lines drawn between the assigned to the Ibero-American Action paralegals and attorneys, and they League in Rochester from January 1973 maintain very cooperative relationships. through February 1975. He got referrals Clients also accept him well once he from the League to appear at arraignments explains his role, Caulfield said. with clients without legal counsel. He Shaun Ryan, a third year law student, would refer his clients to the Monroe noted that she worked as a paralegal for County Pre-Trial Release Program or assist Moot, Sprague for a yeaf before starting in having the client released on his own law school, she had less client contact than recognizance. do paralegals in legal assistance offices. She fc Paun then assisted his client to secure worked primarily with real estate counsel, either a private attorney or a transactions, making sure that all the Public Defender. Often his involvement did requirements were met for a proper not end there, but continued with Mr. closing. Her job also involved title research. Paun's assisting with legal research, Ryan was trained on the job by investigation and preparation of motions. Murphy. She,' like Pfeiffer, had been Paun sought the work as a paralegal contemplating applying to law school but because of his interest in attending law wanted to confirm her interest first by school as well as his interest in poor working in a legal setting. Ryan thinks the people. He did not feel rea4y to go to law practical experience of working as a school yet, at the time, so used the job to paralegal is a benefit to a law student. gain experience. paralegal. Pfeiffer described one major part of her work, in addition to the tasksoutlined by Faulkner, as including informal negotiations with banks, businessmen, landlords, hospitals and public service agencies. Many of the people who come to the office have primarily social problems which can be easily handled by the paralegal, sparing the attorney's time for specific legal tasks such as court appearances. She sees the role of a paralegal as expanding the breadth of servicesof a law office. However, Pfeiffer observed, there is not much room for advancement. It tends to be a job that is a stepping stone to something else. Poor wages are an additional handicap to the profession. Murphy disagreed, noting that she enjoys the opportunity to specialize and the freedom from certain tedious tasks, like legal research, which lawyers must perform. Another paralegal also mentioned poor salary as a discouraging factor in making a career of being a paralegal. Bruce Caulfield has been working with Neighborhood Legal Services, Inc., since March, 1976. The office at 1490 Jefferson Avenue has two other paralegals. Caulfield was previously a Social Worker with a B.A. in Political Science. He enjoys his job because of the satisfaction he gets from seeing resolution of a client's problem, he said. Though he has considered seeking admission to law school, he said he would prefer to get perhaps a better paralegal position in some sort of Civil Service office. As a paralegal for Nieghborhood Legal Services, Caulfield deals mainly with poverty law problems, with Social Security, and the Department of Social Services. He engages in informal advocacy as well as appearing at administrative On March 18, 1977, a citizen's forum was held before state legislators from Erie County. The most recent concern expressed by individualsand groups at the forum was the proposed welfare cuts being considered by the State Legislature Frances Engell, pictured above, represented the coalition on housing welfare. She spoke on the coalition's fear that cuts in maximum shelter allowance and aid to dependent children would put the burden of state fiscal cuts on those least able to bear them. The AC L U pre sen ted other issues, including the decriminalizatiorti of marijuana to cut prosecution costs, and the banningof polygraph testing in the private employment sector. Opinion Elections April 1 �OPINION 8 (left to right) ABA Delegate Kathy Drumm Treasurer Jeff Ucker Vice President Aviva Meridian Secretary Andy Cosentino SBA Election Results President Tom Murphy (Back row, left to right) Vicki Edwards Mike Buskus Terri Benson David Alexander Alice Mann (front row) Brenda Bodenstein Marcia Davick March 31,1977 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-03-31 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1c1243c504b9b1c63c376d201f29818c.pdf c6bf7586fe109cbeb433aff44d922058 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17, Number 9 Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 March 17,1977 State University of New York at Buffalo School of Law Law library functions with Dean proposes plan; announces new faculty limited funds and personnel by Robert Selcov by Kirn Hunter process so that law library needs Sinc_e the University and capabilities would be more has been actively Many law students may have carefully takeninto account when pursuing a university-wide library noticed what is not going on in general library administrative director, Dean Headrick said that the law library in the way of new decisions were made. He also said the law school should now materials or better service. And, last issue of Opinion, In addition, the Dean claimed that student according to Prof. Wade concerns are inflated with respect to the extent of the faculty problem Newhouse, who was appointedby and that the steps proposed will place the law school in a strong Dean Headrick to work with the library staff and help Oversee the competitive position next year. Dean Headrickaddressed these remarks to law students at an open library's operations, nothing is meeting held Thursday, March 10 in the Moot Court Room. The likely to change before the end of meeting was arranged by the SBA, and attended, by approximately the semester. .~tA t In its September 9 issue, Opinion reported that a search committee for a new head librarian would soon be formed, that library acquisitions would be tenure system, the library and i "sad" for a while and that there were a number of vacant staff positions. Since that time, nothing Academic Vice President Ronalc has happened with respect to acquisitions. In fact, there have been no new acquisitions, although subscriptions for sys tern which he callec reporters, Shepard's and statutes have been kept up. With the SUNY hiring freeze still on, there is not much chance of getting any new personnel right now either, Newhouse said. granted approximately years. when is after five Under the The future of 'the law library status tenure present system each faculty member undergoes two reviews by the rests on the fate of the University budget. What happens in the area The proposal on"\salary structure is tied in with the Dean's of acquisitions and staff will plan. depend largely on how much of also includes recommendation for a promotion and tenure It a general increase in the salary level of the faculty. the law library's requested The libraryhas been a constant problem for the past ten years and allocation survives the revision has baffled a succession of librarians and Deans, according to Headrick. process of the next two months. Both Dean Headrick and He stated that two of me four candidates for law librarian have been found satisfactory by Associate Dean Wade Newhouse and himself. Newhouse have stressed the Any decision in this area will be postponed until a new librarian for importance of the law library for the future of the law school and the University as a wholehas been designated. (See story, page one.) The Dean's plan concerning the mission of the school was its need for funds in their submitted in response to central administration's requirements. The conversations with University proposal presents a five year plan on theneedsand expectations of the administration. Newhouse said law school. According to Headrick, the law school has experienced a that the outcome of the remarkable expansion in the past ten years and he expressed realistic budgetary process is rather concerns on the ability of the State to keep the school growing on a unpredictable in terms of Its qualitative level. effect on library funds. Dean The questions by students following the Dean's opening remarks Headrick is more optimistic, evidenced a great deal of concern over the circumstances surrounding feeling that there is a good chance the decision of Professor Adolf Homburger to accept a three year that the library may get the funds appointment at Pace University. The Dean detailed the negotiations that it needs. that were taking place with the central administration concerning a Newhouse did note that, while waiver of the mandatory retirement policy. The central administration there have.been difficulties with appeared unwilling to grant Professor Homburger anotherrenewal on a the library, it has continued to full-time basis. Professor Homburger decided to accept the Pace offer function at a high level. Part of while the opportunity was still available. this is due,he said, to the work of In response to a question about his own future plans, Dean Mabel Jepson and Louise Tucker Headrick stated that he still has confidence in the law school's ability who are now in charge of library and develop and that he intends to remain here for as long as supervision. Newhousenoted that he is making a contribution to that development the next important step in an Headrickalso announced five new faculty appointments for improving library services will be ber, t977. Fred Konefsky and George Priest have both appointing a new head librarian. accepted regular three year positions. Marshall Breeger, Martin Rogoff Dean Headrick commented and Anthony Waters have all accepted one year positions as visiting that the delay in starting the professors. In addition to these confirmed appointments,, there has search process for a new head librarian was necessary while been an offer of a three year position made to Denise Carty-Bennia. According to Headrick, all of those who have been hired have had relations with the University some experienceteaching lawand none is a recent law school graduate. Library administration were The Dean also said that it will be the future policy of the law school to improved. At this time, a new head librarian for the whole hire experienced teachers when faculty positions are open. Konefsky has been engaged in research for the past six years and university library system is being has also been teaching part-time at Boston College. His major interests sought, and Dean Headricksaid he **-«•■»*»•» ■"** thought it was important for the and possible teaching arenas include legal -cont'd, on page 4 Law School to participate in mis gratuitous transfers. tt he felt it was advisable to wait on activate its own search for a head the search for a head law librarian librarian. He said that the until a better policy for dealing with the law library was adopted by the University library administration. The Law Library Committee and members of the faculty have drawn up a proposal for the future of the law library. The proposal will be reviewed by the new director of libraries to be appointed by the university administration. formation of a search com/nittee for a new librarian would begin shortly. Newhouse was hopeful that, once the committee was organized, the search for a suitable candidate for the taw library position would take a short time. He also said that he anticipates a new head librarian by next fall. Elections March 22-23 The Student Bar Association is holding its annual elections March 22, 23. Any law Student is eligible to vote for SBA officers. Candidates for the various positions in student government include: PRESIDENT BobKaiser, Jane E. Mago, Tom Murphy. Richard Parenti >st VICE PRESIDENT Aviva Meridian. SECRETARY Andy Cosentino. TREASURER Jeffrey Licker ABA/LSD DELEGATE Kathleen Drumm. 2nd YEAR DIRECTORS Marcia Davich, James |. Parris, Jike Buskus, Madeleine Bernstein, Larry Pitt, Terric L. Ben«on, David Alexander, Larry Cohen. 3rd YEAR DIRECTORS Michael J. Tallon, Alice Mann, Vikki Edwards, Matthew Melmed, Deborah A. Wright, Ellen Simon, Brenda Barnett-Bodenstein, Bonnie Hood, Paul Lukin. Photographs and statements of those candidateswho submitted such toOpinion appear on page 8. - - -- �March 17,1977 OPINION 2 Editorials Letters to the editors The Fee Vote Yes... To theEditors: Opinion is brought to you by the student activity fee. So are first-year orientation, graduation, the placement office, law school clubs and organizations, SBA parties and access to SUNYAB athletic facilities. Perhaps individually, none of these activities is worth the thirty dollars per year required from each law student; but as collective contributions to a well-rounded, many-faceted law school, student activity funded functions and facilities are well worth the nominal outlay. For those students truly unable to afford the expense, fee waivers should be continued. But for the majority of law students who enjoy the benefits of the activity fee and We urge the student body to Yes Maintain the vote - Mandatory Student Fee" in the referendum to be held on March 22 and 23. Most student organizations depend upon the fee for -the support of their activities. The damage that wouldbe done to the reputation of the law school and the quality of education here should these activities be seriously curtailed or- abolished because of Die lack of funds that would whose financial situations could accommodate the payment, the student activity fee should be continued. The decision whether to maintain or abolish the student activity fee will be presented in a referendum vote March 22, To the Ed/tors: '23. Opinion supports the student fee. . . follow a "no" vote would be having a lifeless, hornbook environment. dramaticand irreversible. Respectfully yours, Other functions, such as (1) ( 2) .Andy Cqsentino orientation, freshman . graduation, (3) use of athletic and MarciaDavich : Kathleen Drumm other University facilities JeffreyLlcker {including a portion of the health Paul Lukln fee), (4) the placement office, and which are Avlva social Meridian activities, (5) Ellen Simon funded, either in whole or in part by the SBA, would suffer as well John Slmson Sheryl Reich if the fee were abolished. Larry Pitt The maintenance of the fee is necessary if we are to prevent Bob Kaiser further deterioration in the Buffalo Legislation Project quality of life here and avoid Assoc. of Women Law Students . Left turn intersection. There is enough room for a left turn signal (there This is in regard to the traffic is a left turn signal going in the light on Millersport Highway and other direction), and I see no Maple Road. Whenever I leave reason at all why one is riot school I end up waiting 3-10 installed, for traffic would be greatly relieved, and I would be minutes at that light. The reason for this is that there much happier when I leave law If the SBA has not accomplished great and wondrous feats this year, it is not because of lack of effort on the part is no left turning signal at that school. The President of its president, Barry Fertel. Recognizing that student government operates in a hostile environment, either ignored or ridiculed by students and faculty alike, Fertel's attempts at extending the SBA's role are laudable. Starting with his support of the SUS lobbying in Albany last spring and continuing through his endeavors to establish contacts with alumni and the Buffalo legal community, Fertel has been an active and approachable SBA president. It would be nice to say that the student government and the law school flourished under Fertel's leadership; at least we can say that he tried. . .. To the Editors: President's Corner by Barry Fertel It has been quite a long year, and now that my term has expired I feel quite relieved. Not only has it been exciting, but it has also been an emotionally draining experience. During this last year I learned more about myself than I thoughtI would ever know. Being in the public eye, even in the small worldof this law school,has forced me to face up to my personal weaknesses because they have been so greatly magnified. I've been quite lucky to learn at so early a stage in my career what I can and cannot do. Nevertheless, I do feel that I have been somewhat successful in accomplishing what I had set out to do. I have focused on. enhancing; the image of the law school to outside observers. Ever since last year's successful effort to reinstate the State University Scholarship, I have been contacting legislators,alumni, the press, members of the Board of Trustees of SUNY, and justabout anyone I could reach, if only with the effect of causing people to note the existence of our school. Throughout my stint as "president," I have viewed my role as essentially that of an advocate for the needsand interests of my fellow students. My willingness (and some term it abrasiveness) to fervently speak out on behalf of my fellow students is something that I am proud of. Unfortunately, however, I was rather ineffective as a leader of the SBA itself, t could offer the time-worn excuse that not enough students were willing to do their fair share, but that is no answer. In undertaking to fulfill the duties of this office I became fully responsible for any failures by the SBA, and there have been quite a few. Oh sure, we've had a couple of successful parties, but there should be a lot more to the SBA than that. There ought to be a greater effort by students to organize activities within the school with the goal of making jaw school just that much more tolerable. More effective participation by students in the planning and program of the law school is also a necessity. All I can say is that I have tried. And if anyone asks me how I would describe this past year, I would say that It has been enlightening, exciting, frustrating, debilitating, depressing, nerve-wracking^ tiring, but, most of all it's been a helluva lot ofjunf , . A number of the students BAR/BRI Bar Review Course, have found the. course to be deficient in several aspects. The petition printed below is presented not as an endorsement The Undersigned, being students in the BAR/BRI New York State Bar Review Course at the Buffalo, New York location between January, 1977 to March, 1977, report the following deficiencies in the operation of the course: Despite various assurances, the course materials were not available before the beginning of the course; Despite repeated requests for the necessary materials by the course representatives at Buffalo, the commencement of the course was delayed one day due to n on -availability of course materials and tapes; On at least three different occasions, sessions had to be cancelled because the tapes did not arrive; The pre-test was delivered late and never scored as promised; Despite repeated inquiries, the "answers" to the pre-testwere made available until the end not of February; The "answers" given for the ire-test and for the directed :esting were at best inadequate md in several situations blatantly - , — - ncorrect; — , On three occasions during the course, Summer, 1976 tapes were played because the lecturer either did not arrive or became ill. One of theseoccasions was a New York Practice tape and on two occasions no updates were provided; Despite assurances frqm the — ;ourse director, G.I. - materialized by the end of the With a little bit of luck, it i won't snow in Buffalo this These difficulties and others i summer, the winter students have gave rise to a definite feeling that already been inconvenienced; the the tape locations were.receiving summer students won't be. secon<j-faie, treatnieitf ■ from '"-.-For\the "past -several years, BAR/BRI*. BAR/BRI has trained more While the majority of the I Buffalo students and more students were favorably impressed jstudents. from all other law with the local student ■ schools than all other New York representatives, the course I Barreview courses combined. We intend to continue. Our outlines, and the majority of the lecturers, the above listed testing program is being updated deficiencies should be considered i and expanded and we're offering a by all students contemplating the j greater emphasis this summer on enrollment in a BAR/BRI course the New York Bar Exam essay portion. (As for veteran benefits, in the future. Dominick DeLorie, jr. we have been assured by the VA Marjorle Mix that PLI, Marino, and BAR/BRI Jeffrey Jandura will have equal programs.) Frederick Lang And, in our four largest Cynthia Folk locations, we will be holding more Joseph Broderick than half the course on videotape. Don Monacelli Because so many Buffalo students Sara Zurenda. have enrolled already, one of George Johnson these videotape locations will be Sherry Turner here.■ We are .doing all we can to To the Editors: maintain BAR/BRl's high pass This winter's snow storm percentage at Buffalo and our caused logistical problems for all long Buffalo relationship. Any bar review courses. Prof. Joyce's students with further questions lecture had to be rescheduled and should call me collect in New we had to substitute tapes from York City at (212)594-3696. the prior course in several Stanley D. Chess instances. The snow also delayed, Member,New York Bar ■ the deliveries of books and Director, BAR/BRI hypotheticals, ;ourse; participating in the Winter 1977 — Dean Silvers — criticisms/responses of other bar review courses, but in the hopes that the calibre of the bar review courses available in Buffalo can be improved to more adequately meet the needs of the students. The Thanks. BAR/BRI Being that I have no experience in this area, I would like some help in going about trying to get a left turn light installed at that intersection; All those who can help, please leave a message for me at the Opinion office. Bill benefits For' the veterans had not — , : ., OPINION March 17,1977 Editors: CorneliaFarley Tanis Reid Louise Tarantino Manager: Steve Errante Photo Editor: NancyMulloy Business Vol. 17, No. 9 jan Barter, Rob Clandella, Andrew Cosentino, fed Firetog, Jeff Granat, lean Graziani, Joel Hockett, Susan Hogin, Kirn Hunter, Becky Mkchell, David Munro, Sharon Osgood, John Privitera, Dean Silvers, |ohn Slmson, Patrick Stellato, Bob Selcov An: Kistle Brill Photography: Frank Carroll, A.D. Scoones ' Contributor:Shcrvl Reich Staff: • Copyright 1977, Opinion, SBA. Any republicatlon of materials htrein is strictly prohibited without the express consent of the Editors. Opinion is published every two weeks, except for vacations, during year. flu It Is the student newspaper of the State University of Mew York at Buffalo School of Law, SUNYAB Amherst Campus, N.Y, M26(C The views Buffald, expressed In this paper are not necessarily those of the Editdrlat Board of Suff of Opinion. Opinion It a non-profit organiration, third classpostigt entered at Buffalo, N.Y. Editorial policy of Opinion Is determined collectively by tl|e Editorial Board. Opinion by SBA from Studen| js fupded Law Fees. CompoAfan: University "Tl Priss attfuffalo7 ''.' �March 17,1977 3 OPINION Wide World of Torts die-Checking in Communist China by John Simson front of our display cases all day long. Can't beat it." The Law School, as ah American Institution, is really no different from a large corporation*,'a TV talk show, or a squatid downtown diner. The salaries, perquisites and clientele are not necessarily on the same scale, but the thinking processes are. Ask William Carport Glutton 111, abdut GRAFT UNLIMITED, his multimillion dollar enterprise, and he will tell you that a $10 million lawsuit against his company, reported on the ABC NIGHTIME NEWS is worth more than any advertising his company has ever done. Ask any guest on a TV Talk Show, why he or she is putting up with inane question after inane question, revealing intimate personal affairs in front of a national television audience. Perhaps this excerpt provides the clue: Johnny: "Tonight we have.a.very prominent attorney, John Simson ..." \.Sii "Hi johnny, it's really a pleasure to be here tonite. I . can't wait.to tell you all about my sex life and the time that I was. stuck in an elevator with Judge Carswell, and Glutton: "You'd be "surprised how many people will buy a Johnny: "Gee, that's really something, you seem to have a case of our packaged meat immediatelyafter they've heard lot of things on the fire since I've seen you last and that someone has just collected $100,000 in damages for now for a word" eating Rat's Tails, found in some of our packs..." J.S.: "Johnny, we've never met before ..." J.S. "Hey, for a hundred grand I'd eat two rat's tails." Glutton: "As" a matter of fact, it's really worth it to us to Johnny: "Well, no ... but you do have a new movie to show us?" put a rat'stafl or something in every millionth package or so, can't beat it for sales'."'• ■" '"•"' J.S.: "Yes, it's a documentary, johnny, called Cite Checking in CommunistChina." J.S.: "Have.you found any.other benefits?" (shows clip) Glutton: "As a matter of fact,'salespersons'have noticed Johnny: "And we do have.a clip?" many attorneys standing next to our display cases, in J.S.: "Yes, and I also have a book coming out next supermarkets all over the land, handing out their cards to Tuesday called The Death ofGilmore by Contract." people purchasing our product..." Johnny: "... and it's aboutGary Gilmore?" Johnny: "And now for our next guest..." J.S.: "I guessit beats ambulance chasing..." Ajsfc: "No, Johnny, it's about an eccentric law schooj J.S.: "And I also have a new album coming Out next Glutton: "Sure, andit saves vi millions* Why, we'd-have to" .who" dies wb"ij& •writing1 afreatise on contract month entitled 'Folk Songs of the Common Law' " pay a fortune to get models, in nice clothes, to stand in law." Johnny: "... And you'd love to sing one of them for us?" • ,• On point Attorney decries character interviews >'■■. ( Ed. toy FM.'Barfie Copyright 1977 — The author is a 1976 graduate of Boston University Law School currently employe^ by Buffalo NeighborhoodLegal Services, Inc. asa staffattorney.) note • J.S.: "Wait a minute ... do you mean that youpay off the Health Department to close your Deli down?" TSD: "Sure, hopefully I can get them to give me the most violations. Then I make the headlines. Then business gets really good." J.S.: "Whatkind of customers do you pick up?" TSD: "Well, either store owners trying to figure out how I do it, and people from the 'burbs' come slumming it. And the best part is, that when I reopen, I get more newspaper publicity, and a belief on the part of the public that all the filth that closed me down is now cleaned up. Thank God for Health Codes." ' It pays to advertise. It doesn't matter what kind. Buffalo Law School knows this. It was for thisreason that the school hired the first non-lawyer Dean; it was for this reason that the administration called the Health Department last week: procedure. Law school nurtures; in many the strong belief that imposed upon you by any governmental agency or decree how something is doneis as importantas whatis done. My or order of any court including alimony and support criticism of interviewsbefore the committee on character orders and decrees," whether "you are indebted to and fitness is rooted in my distaste for the process, the anyone." An applicant is also asked to attach "a certified unguided and seemingly unfettered discretion of the copy of decree, judgment or order for each divorce, interviewer. No one knows what the interviewer will ask. annulment or separation action." The overbreadth of the information requested is a The range of questions on the application foradmission to the bar, which the interviewer reviews with you, pry into direct result of the vagueness of the statute governing persona! matters that are irrelevant for the purpose of admissions to the New York State Bar, Judiciary Law Section 90 (1)(a): "... the appellate division of the determining fitnessand character for practicing law. The eleven page application includes questions Supreme Court in the department to which such person shall have been certified by the state board of taw concerning all past residences of the applicant including temporary ones; the names of all persons "with whom you examiners, if it shall be satisfied thatsuchperson possesses are presently living and relationship to you;" whether you the 'character and general fitnessrequisite for an attorney have ever been "ticketed, or summoned, or arrested, or and counsellor-at-law, shalladmit him to practice as such taken into custody, or indicted, or convicted, or tried for, attorney..." There is no statutory determination of how or what or charged with, or pleaded guilty to, the violation of any law, ordinance, traffic or parking regulation or the the committee on character and fitness may investigate. law gives the committeeunfettered discretion in the commission of any felony or misdemeanor, or been The of its duty to approve the character and requested to appear beforeany prosecuting or Investigative performance fitness whether are default the of applicants to the New York Bar. in In "you agency In any matter;1' performance or. discharge of any, #ityor obligation, conx^d. on page 7 ■ Yes, advertising is the name of the game. The American psyche is geared to subliminal cues. It makes little difference whether they are employed by multi-million dollar corporations, TV talk shows or small town dives. Tony, from Tony's Squalid Deli, concurred: TSD: "Look, I'm small time. I can't afford a neon sign, much less some,newspaper or TV advertising. But I've still gqt to get the message across. So with a little help from the roaches, and a payoff to the Health Department, they close me down for Unsanitary conditions." On February 22, 1977, I was sworn into the New York State Bar along with approximately 375 other recent law school graduates. The elegance of the rococo Eastman Hall in'Rochester, N.Y., was the setting for this final step in our sharedrite of passage. The main speaker, the President of the New York State Bar Association, led off his speech with an easy metaphor comparing the events of the day to the arrival of a climber at the top of a summit after a. steep ascent Behind us werethose ''nasty" bar examinations, the three / years of mind' jangling legal education, etc. I wasn't*persuaded by his analogy From my perspective after' nine months of unemployment and'a costly'legal education, I was in a valley of despondency and debt.'Moreover, I could hardly dismiss into the past those "nasty" bar examinations with the speaker's nonchalance. Nor could I treat lightly the poorly conceived procedure of interviews before a committee on characterand fitness. I don't personally know anyone who has had difficulty in winning approval from the committee. However, I know people who are offended by the > J.S.: ''Sure. This one's my big hit single on Congressional Records,. 'Sperm is Thicker than Water.1 It's 'about whales." — LSD: "Can we be closed forhealth code violations?" DH: "Gee, we don't think so." » LSD: "Our lecturehalls don't have any windows!" HD: "I don't think so." - LSD: "Have you ever eaten in the Baldy Hall cafeteria?" HD: "Sorry." Click. This left the administration in an untenable position. Unable to get free advertising through health code violations, they realized that an expenditure would be necessary. The administration called a faculty meeting. He showed up. i LSD: "I've called this meeting because we must decide whether to spend next year's budget on faculty, to replace the leaving (not to be confused with the living) or on advertising." , -cont'd.onjxipej �March 17,1977 OPINION 4 Lost Horizon found in Buffalo on reacquired dump site by Dean Silvers Every once in a while, when law school gets to be a bit burdensome, I wish that someone would write a modern version of Matmondes Guide to the Perplexed for law students. But alas, I realize such is just wishful thinking. However, admidst the sometime coldness and bleakness of the law school journey you can find an escape, and although it may be temporal, it helps put things back in perspective, and lightens the burdens we place on ourselves. If you have a pair of really strong binoculars, go outside and point yourself South, and if you look closely enough, between the steely grey skies and the smoky black taint of the industrial compounds in South Buffalo you can discover a Utopia of sorts. Perhaps this Utopia is not comparable to that in The Lost Horizon, and perhaps it may not be as appealing to some as Anita Bryant's "sunshine trees", but it beats the Baldy cafeteria for aesthetic quality. Tifft Farms is a 264 acre nature preserve located 3 miles south of Buffalo's downtown center. On an average day, within the solitude of Tifft Farm you can encounter muskrats in the marshes, green or blue heron along the ponds, rabbits in marshes, ducks and geese, and a wealth of flowers that fill in and replenish the squalor and desolationof South Buffalo. Way back when, Tifft Farm was originally a food gathering spot for local Indians. Because it was so marshy in character, no one ever developed it. In the. mid-19th century Lehigh Valley Railroad Co. built a large rait network and complex on that site, which was eventually abandoned. And in. 1955 that grand old U.S. benefactor, Republic Steel, bought the land to use it as a dumping ground (what else is new) for slag. Since that time there has been a drop in the use of the site for dumping, and, unknown to Republic Steel, out of the trash of industry spawned the unassuming strength of nature. In 1972 the City of Buffalo reacquired Tifft Farm, and chose this site as the area to receive 2 million cubic yards of new refuse(to keep the old refuse company) which was being removed from Squaw Island, Buffalo's dumping site. The wonders of the modern society shall never cease to amaze! However, through grass-roots movements (forgive the pun) of coricerned c i tiz&ns and conservationist groups, the city of Buffalo was coerced into realizing the ecological value of this site. Some public officials and concerned citizens then' joined forces to form the Technical Advisory Committee, which advised the Buffalo Dept. of Corr.munity Development and its consultants. Two years later a Master Pla.i for the Tifft Farm NaturePreserve , was created. Some of its principles 3) Areas of high intensity use are planned, based around the and goals are: platfield section and the facilities 1) to transfer all the accumulated of an educational center, thus it into meeting the secondary goal of the waste into one pile, grade Nature Preserve, environmental mounds, and thenseed it. education." 2) "The first priority of Tifft Tifft Farm is a unique place in farm is that of its being a wildlife Buffalo. Right about now there sanctuary. Although six miles of are not too many people visiting nature trail are planned, parts of Tifft Farm, and it is quiet. It is the site, including most of the open from sunrise to sunset, it is 75-ac re m arsh will remain free, and attempts to make sense inaccessible to visitors. out of a world which seems so New selections.for the.Sea Grant Fellowship program have been announced. Pictured, left to right above, the students selected include: Pamela Webb, David Brody, Theodore Firetog, Arlene Fisk, Steven Waterman, Dennis Harkawik, Charyl Block, Mark J. Moretti. Also selected, but not pictured, were James Yawman, Ann Pfeiffer, and alternates Richard Keenan and Robert Ciandella. Each of these students will receive a stipend for research to be begun this summer regarding the coastal zoneenvironment. OPEN HOUSE Speaker's Bureau focuses on rape education and prevention by Sue Hogan Several women from the law school have been speaking to various community groups on the subject of rape and rape prevention. Flora Miller, Kathy Rowe Cox and Connie Farley are volunteers in the Speaker's Bureau program of the Erie CountyDepartment of Anti-Rape and Sexual Assault The department focuses on aid to the sexually assaulted victim through medical and counseling servicesand assistance through the criminal justice process. Rape education and prevention are also SUMMER LAW STUDY in Guadalajara Oxford Paris For information: Prof. H. Lazerow, University of San Diego School of Law, Alula Park, San DH»>, California 92110. functions of tne department, and are provided mainly through the volunteer Speaker's Bureau. Flora, Miller explained that presentations a/c given in response to requests to the department from various community groups. The types of groups range from grammar school PTA organizations to women's studies and college dorm groups. Cox and Miller recently gave what they termed a "very well-received presentation" at a professional women's service organization. Connie Farley gave her first presentation to a Criminal justice class at Niagara . Community College. The presentation includes a movie entitled, "Rape A Preventative Inquiry," followed by discussion covering issues such as the law, myths, statistics/ preventative measures, and local medical, police and court procedures regarding rape. Cox and Miller, who have been giving lectures for the past year and a half, explained that the purposes of the presentations were to educate women on rape prevention as well as to encourage them to deal with their own attitudes regarding rape. Miller explained, for example, that "Many women feel they were at faultbecause they were raped." J Another common feeling is shame — senseless at times. If you are interested in a -guided tour, you can call them and have it arranged, or you can hitch on to an elementary school tour of the preserve, and enjoy the fascination of little children as the world of nature unfurls right before theirvery own eyes. There exists a "diamond in the rough" in South Buffalo. So when law school gets to be a bit too much, wander on down to Ttfft Farm. for the Buffalo Legislation Project ., Wednesday, March 23rd 10:00 a.m. to 4:30 p.m. Room 724, O'Brian and fear of telling someone, which is reflected in statistics indicating that many more rapes are committed than are reported. Miller also said that the ALL lst-YEAR STUDENTS WELCOME Please attend for membership information and sign-ups presentations emphasize being aware and anticipating a variety of situations, in the hope that having the knowledge of several ways to handle a potentially dangerous ■ ,n. ",'. REFRESHMENTS WILL BE SERVED situation will enable a woman to \ think of rational alternatives in the event of a sexual assault. Cox and Miller initially became involved with the Speaker's Bureau two years-ago as a result of a research, project undertaken from ntiqe 1 through a Criminal Justice Priest has been at the University of Chicago for the past two years where he is a part-time fellow in lawand economics. Hehad previously Program grant" rape taught at Puget Sound for two years. His major areas are contracts, Their project concerned statistics in the Buffalo area, commercial transactions and torts., Breeger has been at the University Texas for the past three years especially successful prosecution, and the change in the with major interest in the fields of civil procedure, law and medicine, corroboration requirement in New and legal practice. Rogoff will be visiting from the University of Maine. He will be York State's Penal Law. (In March, 1975, PL section 130.16 here for only the spring semester next yearsincehe will spend the first was amended to eliminate all semester at Yale University. His primary interests are corporations, corroboration requirements securitiesregulation and corporate finance. Waters, who has been teaching at the University of Maryland for except in^cases where the victim's lack of consent results from the past two years, has experience in commercial transactions. Carty-Bennia has been at Wayne State for the past Itiree years./ mental incapacity or age and in Her major areas are civil procedure, copyright law andremedies. cases of consensual sodomy.) their In addition to these confirmed appointments, the Dean said that During the course of research, frequent contact with negotiations were taking place with other potential appointees. He Judith Laughlin, the head of the stated that people were being sought who could teach corporate tax, Department of Anti-Rape and New York practice and criminal law. Professor Louis Del Cotto will be teaching corporate tax here for Sexual Assault, resulted in the women's ultimate involvement in the next two summers and next year the Federal Tax I course will be (he Speaker's Bureau prograpy •split between Professors WilllamGrilherarid Kenneth )oyce. • • - Faculty appointments — . �March 17,1977 OPINION 5 BLP hosts open house Review amends competition rules to increase members selection The Buffalo Law Review has amended the rules of its 24, between 9:00 a.m. and 5:00 picked them up. Such candidates p.m. are advised to use registered or certified mail. No candidate will be allowed more than 240 hours in which to The of associates will their case notes after exams. complete the case note. Those be based 50% upon grades and Candidates may now pick up their candidates who choose to ma* 50% upon the case notes. The case note assignments at any time their case notes must have them notes will be evaluated without before Wednesday, May 11 at postmarked no later than ten (10) knowledge of the identity of their 5:00 p.m.; or on Tuesday, May days-after the date on which they authors. competition for the selection of next year's associate editors to allow first-year students to write NYSBA sponsors tax seminar "The Tax Reform Act of 1976 estate and gift tax changes, of Buffalo; Clayton H. Hale, Jr. of for the General Practitioner" is individual income tax changes, tax Syracuse; and Jack M. Battaglia, the topicof a two-day program to shelters and partnership Peter L. Faber, J. Kevin Mahoney, be sponsored by the New York provisions, corporate changes, and Jon L. Schumacher, and Sterling State Bar Association's administrative provisions. L. Weaver, all of Rochester. Planning Chairmen for the Con tin ving Legal Education Committee and the Tax Section. seminar are James B. Lewis, Allan The program will be held J. Parker, David" .Sachs, and For furtherinformation on this John Arpey,right, recently selected as new BLP director, is shown here March 18-19 at the Sheraton Eugene L. Vogel, all of New York program, contact the Continuing with project editors Kirn Hunterand Barry Oster. Inn-East, 2040 Walden Avenue, City. Legal Education Department, Program participants will New York State Buffalo. Bar. Association, The major areas to be discussed include Carl D. Bellows of New One Elk Street, Albany, N.Y. The BLP is a legislative service The Buffalo Legislation Project two-day City; jr. York Edward Griffith, M. during program 12207.(518)445-1211. and the are has selected John Arpey as its new organization staffed director for the coming year. administered by SUNYAB law Barry Oster and Kirn Hunter will students. BLP projects include be assisting Arpey in the critiques of existing or proposed management of the organization, legislation, comparisons with as well as continuing in their roles legislation in other jurisdictions, and drafting of statutes. as project editors. The BLP will be holding an Currently, the BLP is working on open house for all interested Ist projects involving bail reform, year students on Wednesday, consumer law, mental- health, judicial conduct, city ordinances March 23, from 10:00 a.m. 4:30 p.m. in its new office, Room involving the 1 st Amendment, and 724 O'Brian Hall. Members and tax incentives for industry in New project editors from the BLP will York State. (See Opinion issue of be on hand all day tp answer February 17.) questions about the organization and membership procedures. All Students parti cipating Ist year students wishing to apply successfully in the BLP for three for membership in the BLP are fu 11 semesters wi 11 receive three John Keenan, Special Prosecutor of the State of NewYork, addressed the Legal Ethics class moderated by urged to attend. Refreshments credits toward graduation for Dean Carlisle on March 7. their work. will be served. - Placement Office sets career seriesfor tomorrow CRIMINAL LAW: April 13 TAX: April 14 CORPORATE AND SECURITIES LAW: April 19 ENVIRONMENTAL: April 20 available for informal conversation. All students are invited LABOR LAW: April 21; LEGAL SERVICES: April 26; to attend. STATE/LOCAL GOVT: April 27; In addition to the March 18 program, the Placement RURAL LAW: April 28 Office has scheduled the following career evening programs: First and second year students are particularly urged to attend the mini-career evening sessions. Additional FAMILY LAW: April 12 information is available in the Placement Office A special series of three career programs will be and Peter M. Kooshoian will explain judicial clerkships. A presented by the Placement Office on Friday^ March 18. question and answer period will follow. From 11:00 through 1:30, Washington D.C. lawyer An informal sherry reception is planned for late in the Shelly Friedman, an assistant to the Secretary of Health afternoon in the faculty lounge. Guest lawyers will be Education and Welfare, will be available in room 197 to discuss career opportunities with the federal government. Friedman, a U.B. Law School graduate, will present five 30 minute career discussion sessions, the first to begin at 11:00 A.M. and the last to begin at 1:00 P.M. Friedman will have written material for distribution to interested students. At 1:30 in roon 106, "A Day of Justice" will be shown. The film was made for use at the law school. All first, secondand third year law students who are interested in positions with legal services organizations are urged to attend. Under the new federal legislation authorizing growth of legal service regional and local offices, many new positions will become.available. After the film, a panel of local lawyers engaged in poverty law, prisoners rights law, civil rights lawand legal aid law will discu9S career opportunities in their respective fields of work. Among the participants will be Richard Lippes (private practice and public interest law); Nick Siegel (prisoners rights law); Penny Wolfgang (legal aid); Marilyn Zahm (legal services law); and David Jay (civil rights law). Other lawyers will also attend. The panel discussion is scheduledfor 2:30 in room 106. At 3:30 P.M., seven Buffalo lawyers will present second spring career day program in room 106. James 8. Denman of Doyle & Denman wHI discuss practice of law in a small firm; David R. Pfalzgraf of Albrecht, Maguire, Heffern & Gregg will discuss practice in a medium sized firm and Charles Milch of Moot, Sprague, March, Landy, Fernbach & Smythe will discuss law practice in a large firm. In addition, Deputy District Attorney of Erie County, Joseph McCarthy, will discuss opportunities for law practice with the District Attorney's Office.Assistant U.S. Attorney Theodore J. Burns will discuss similar opportunities with the offices of the U.S. Attorney. Richard. Weinstein of Saperston, Day and Radler will discuss opportunities available with .government agencies ' �.March 17,1977 OPINION 6 Book Review Pound: practice vs. philosophy something bad, just as something analysis Supreme Court, a happened between the red scare competent constitutional scholar "Heresy Trial" at Harvard in can guess the interests and the 1921, in which Pound stood weight to be given to each. Bui if Roscoe Pound, Philosopher of Law by David Wigder by John Henry Schlegei among some ways the career of Roscoe Pound is a bit of an embarrassment to the law. The road from St. Paul and "The Causes of Popular Dissatisfaction with the Administration of Justice," to Harvard and praise for Stolbergv. California is a road that suggests that popular dissatisfaction with the administration of justice is less a matter of the undoubted fact that "Our system of courts is archaic and our procedure behind the times," than of the inability of our old men to dream dreams when as young men they sang songs. Conceivably, Mr. Widgor reflects my narrow, law school agrees, for somehow, his story bias, -but, in large measure, it seems to run downhillafter Pound reflects a deficiency in Mr. leaves from his almost unknown, Wigdor's analysis and but obviously very exciting, understanding of Pound's career sojourn in Chicago to accept the an d j v siprudential work, a Story professorship at Harvard. deficiency that becomes apparent Suddenly a human Pound (not as if one considers what we know full and round as say Fifoot's about Pound's years at Harvard. Maitland or Howe's Holmes, but Mr. Wigdor argues that there still a sentient being), a man who are two threads to Pound's could rouse the entire student thought a sort of Hegelian, but body at Nebraska to torchlight not idealist, organicism and .a instrumentalism. protest parades at the word of his Deweyian impending departure from the law Pound's interest analysis, however school there becomes more of a much of it one may. argue, he cardboard character, casting lifted from pages of Ihering, is shadows, not spells. built on a similar duality of I suspect that it need not have forces. But although Mr. Wigdor's been painted that way. Leon case, for a continuing dualism in Green reported to me that Dean Pound's thought is a good one, Pound, for all his orotund Pound's Harvard years suggest pomposity, was generally befo'vetf" that' there were some regularities by the bar both in Illinois and in in his actions. These regularities Texas for what were known as the Mr. Wigdor's analysis simply does "sonofabitch" stones (.. .and not explain. then the son of a bitch...) and Examples are easy to find. It is for an ability to drink most any perhaps curious that Pound was bar luminary under the table. brought to Harvard with a Thus, the Pound at Harvard national reputation as a must have been a lively character. progressive reformer, made dean And in some sense, the Harvard three years later, and yet his years could be seen as having philosophy, indeed even his brought his greatest achievements: concern for the administration of indeed a justice, apparently make no dent a Supreme Court world of legal scholarship that in the routine of educating law used his interest analysis students. (admittedly in a bastard form that Whether Pound was forced on loaded the analysis against a not particularly eager faculty by individual rights by forgetting, or an administration impressed by ignoring, a basic rule of that his reputation, or whether he was analysis never weigh an in general agreement with teachers individual against a social interest) like Joseph- Beale, and thus from as a daily tool of its work, and a the outset basically convinced corps of graduate students, each that there was no relation preaching careful scholarship and between the education of lawyers knowledge of European texts that and the deficiencies in the stretched the idelogical spectrum administration of justice, we do from the Lawyer's Guild to the not know. But it is clear that Liberty Lobby. Thus, if Mr. while Pound was Dean, radical, or Wigdor had wanted to draw a full, perhaps just thought-provoking round Pound at Harvard, he could courses like Administrative Law have. or Philosophy of Law were The Pound who1 could have forbidden to mere law students, seen triumph in his declining years for whom doses of equity and is, however, Pound the Dean, not code pleading apparently were Pound the Philosopher of Law. thought to sharpen the sense of The choice to emphasize the one justice equally well. Similarly, while it is not clear and not the other, as Mr. Wigdor has done, is plausible. Pound was how much of Pound's early knowq as a philosopher, whether antipathy for the American Legal Realists was, a reflection of what or nothe Was much of one. But I for one would have would be his anti-New Deal preferred to know more about politics, antipathy that the Pound at Harvard, than about Realists on the whole did not something happened Pound in the botany laboratory, return however much I must thank Mr. between the Cleveland Crime Survey and of isolating 1927 and the Wigdor for explicating Pound's real Anti-Realist Manifesto of 1931 empirical legal achievement as a botanist I that changed something good to suspect that preference, in part, research from In — .. — — — ' — the accused, and the Wigmore/Frankfurter controversy over the Sacco-Vanzetti case in 1927, in which Pound stood on the sidelines. To me the pattern is something made Pound sour on the remnants of p rogressivism that began to reshape, old doctrine after World War I, for it is apparent that whenever Pound did not start out on the right, he moved that way. Mr. Wigdor does not tell us what that something is, anymore than he satisfactorily explains why Pound vigorously opposed changes in the curriculum of the Harvard Law School. Mr. Wigdor does not note, much less explain this pattern, but in avoiding explanations of the regularities in Pound's actions, he does no worse than his subject. For both men decisions are wrapped up in a mysterious balancing process in which results are self-evident, at least in plain: retrospect. For Mr. Wigdor, if a dilemmais resolved one way by Pound, it is because one or the other of the dual elements dominated, justas, given the outcome of any case decided by today's interest ideological spectrum because the system ignored values. Likewise, scholars and public officials could adopt the'system that same scholar tries to intuit and Pound could still be unhappy the interests, not knowing the with the results. But, if the system result, that scholar will find him virtually dropped out in or herself talking about Mr. determining results, what was the Justice Burger's values, for it is impact of that system,and thusof those values that seem to control Pound the Philosopher? Surely, the answer to this the choice and weight of interests that, once known, seem to question is to be'found in the mechanically determine. largely untold story of Pound the Thus, in practice Pound's Dean, for if the system made little philosophy in literally a formal difference, what did make the mechanism in which the decisive difference what made Pound a questions what interests, of significant in the eyes of his what weight are hidden from colleagues and students was his view by a curtain of method that role as a Harvard law school sounds like pure p regressive institution, at .least unless the instrumentalism. apparent lack of impact of Pound Mr. W igdor does not the Philosppher of Law says more understand this fact, as is made about the biographical subject obvious by his failure to attempt than any but a revisionist to reach behind his own formal biographercould,possibly say. dualism of instrumentalism and organicism in an effort to try to (Editor's note: The above review understand which of Pound's was originaily prepared in a values wouldvdominate in a given sfig htly shorter version for situation. And, since it is in publication in another journal by Pound's role as Dean that both request of its editors. That the nature of his philosophical publication has been delayedby a system and his values become subsequent decrease in the simultaneously apparent, it is number of reviews published in understandable why Mr. Wigdor the journal. ProfessorSch/egel has slights this period in Pound's life. been Mind enough to allow But to explain is not to justify. publication here at the request of Pound's disciple could span the the Opinion editors.) courts, — -— - . Here at the western new yorker .. before ■t\ In view of the rrriptindfriß student referendum on the continuation of the mandatory Student Bar Association fees, we decided to take a long, hard look at some of the various organizations which are supported by these fees. Though there have never been any notices in The Opinion nor any signs on blackboards, we serendipitously heard about a scheduled meeting of the White Male Law Students Association.We had a little trouble locating it, but we finally discovered the group in the Administrative offices on the third floor. (If you ever decide to visit, don't be put off by the secretaries and administrative assistants it's all malepast the front rooms.) Last Thursday they were having a workshop on Assertiveness/Deservedness training. William "My Ass, Bias" Rehnquist was just finishing the lecture part of the class when we came in. The first group exercise was a repetition {"Say it fou.r times fast") of the slogan, "We don't care, we don't have to, we're professionals," and then they topped it with "what's ours is ours and what's theirsis ours." We asked the Coach why he felt there was any needjw Assertiveness/Deservedness training on the part'of the group which in our society has traditionally had no trouble getting and keeping theirs. Mr. R said that timeshad really changed, and that Government regulation was undermining the deservedness aspect with one hand and sapping the assertiveness with the other. "Take the case of McCarthy v. IndustrialCommission. There the Court said that if a guy got a herniaand didn't complain right away, you known, generally acted like a real man, then he wouldn'tget compensated on the job, but if the guy sits down and complains and cries a lot, then he gets the benefits. That kind of ruling encourages wimpiness, and that's why we have to try to put back in what those Regulators are takingout example is the Scholhoff tax case: A «ry paid $8800 for dancing lessons and they told he was 'nim going to get 'dates' with the instructors. When that didn't pan out, he deducted the amount from his taxes as a casualty loss, but it was disallowed. Now it seems to me that a man's ego is the most important thing, and he deservesV to be compensated, one way or another." The next class started filing In and we stayed for the beginning of it. It was the "Warren BurgerShort Men Can Be Effective, Project! Project! Project! .Yourself Seminar." There was an argument going on '-.' , ' : ."> between two students the class was called to order. One was saying that he thought that pregnancy benefits would eventually be extended to men on an equal protection rationale, and the other was maintaining that they already had been. The topic for that day's class was "The Uses of Mirrors," and there was a short follow up on the physiological justification for saying "It's not short, it's muscle." By that time we'd gotten a pretty good idea of how SBA funds were being put to use, so we thanked the Coach and slipped out '~.,. ....■■• i, ■-<.-„ .:.-,■ ��� — We've been trying to keep up with Buffalo's "season" this year, attending probably more parties than we should. The SBA party of a few weeks ago , really heads our list of "good times-had," though. Who else but the SBA would have been so, to chic so au courant, so /c ne sals quo! to have a bagel-beer burgundy party at 4 pm . on a Friday? The decorations were too much. The theme of the party seemed to be LAW SCHOOL, and all the Fall Semester's grades were hung just above our heads on a red crepe de chine bulletin board, the grades, by the way, were printed on plain whits paper with stark black ink. The contrast was breathtaking. As the -Hts of preparation for next day's class flowed out Ilk -heap beer, the symbolic placement of the .... ... grades wa/ t lost. ,:. ~ .-,„ -S.Reich �Jdarch 17,1977- OPINION . Cite Checking — page from Turn of the screw 7 ... 3 Faculty: "Gee, I sort of like having the entire fifth floor to and look at the Ferndale School of Law. They myseJf are one of the most powerful forces in the legal field, and they have no faculty to speak of." New York Higher Education Services Corporation, the LSD: "Is that so?" state agency thatadministers TAP. FACULTY: "Certainly. Through advertising they have This column is a financial aid update of the programs built an incredible reputation. It is rumored to be the ' 'that will provide 'aid during summer, 1977 and the SUS 1977-78 Academic Year As I reported about TAP, SUSTA for law students only law school in the country with a combined major in 1977-78 academic year. also is included in the Governor's Budget at approximately Law and Your Father's Money." Summer Work Study the same level of funding as for 1976-77.1 do not have any LSD: "Really?" Funds will be available. However, the Financial Aid indication that there will be a separate application next Faculty: "They've reportedly just offered the Beach Boys Office (Main Street) will not announce the application year. a visiting professorship to teach Surfing Law. Required procedure until the last week in March, and the exact Presumptively, then, the application procedure for texts being "Fun, Fun, Fun," and "40?." amount of funds will not be known until April. Students who are interested should watch for signs around April 1. next year will be the same; thatis, the student must file LSD: "Is thatso?" As soon' as I know anything, I will post notices in for TAP and receive an award notice for the full amount. Upon presentation of the award notice to the Office of Faculty: "And Flemdale is the only school with a classroomsand on bulletin boards. Student Accounts, the student will be given credit to department of Scuba Studees. (That's how they spell it!) Summer TAP his/her account for the SUS award. Determination of the Stewdents must log thirty hours of pool time. While in the Funding will be available for full-time students, that exact amount for SUS will not be made until next fall. pool, students \vork on maritime courses,and learn how to chase submarines." is, those enrolled in at least two courses. Applications should be mailed to each student (if he/she received TAP NDSL and Work Study for 1977-78 The Financial Aid Office (Main St.) will mail notices One student, at Firmdale told thisreporter that it is a during 1976-77) around May 1. For those who do not receive an application- in the mail, I should have some in to students who are eligible for either NDSL or Work very practical experience, particularly because she wishes ■■'■ Study in late-June or early July. The notices indicate the to practice in Atlantis, where submarine chasing is big room 303 by May 15. •'■ amount of the award, and include a sheet to be signed by business. the student that indicates his/her intention to accept or * Spermdale is even more progressive than Buffalo. TAP 1977-78 Academic Year The Governor's Budget, which- has not yet been reject the award. Receipt of either NDSL or Work Study is They have a totally open admissions policy. Students are approved by trie legislature, reportedly Includes provisions dependent upon having filed the two-part application not guaranteed a place in any class, be it first, second, for graduate and professional students at approximately forms by March 1. If any student is interested in either third, fourth, etc., year. Rather, the first 300 students to the same level of funding as for 1976-77. Applications program and has not filed an application, you must see bring $5000 in brown paper bags, to Griffith Observatory should be mailed to each student around May 1 by the Chris Carty immediately (Room 303). in McArthur Park {melting in the dark) are admitted and randomly assigned to whatever classes are being offered for that week. The process is repeated every Monday. For those interested in transferring, the tentative Fall Legal Faculty will be: Soupy Sales, J.D., University of Channel 5, Pie Law; Kareem Abdul Jabbar, N.8.A., Tall Law, Moving Violations; The student body has ratified the new constitution interested in a position on the Editorial Board should Liz Taylor, D.i.V., International Matrimonial Law; proposed by the SBA's Constitution Revision Committee submit her or his name and the job desired by March.2s in1 Julius Ervihg, Dr., "A.8.A., M.V.P., No Fault Slam and approvedby the SBA's officers. Room 623. Dunking Although the totafnumber of ballots cast (110) was Mike Nelson, N.8.C., SCUBA STUDEES (that's how ** jMrtei not a( SBAjofficiais said *~i i;Tne Women Law students. Association-will behaving they spell it!); tnVffiWr last wlffiyNiJel^WeXstudMiß vofed in favor oT adoption *~a Coffee Hour from 8-10 a.m. today, Thursday, March 17 Billy Carter, R.N., Beer, and the Presidency; and 17 voted in opposition, considerably mqre than the in the first floor lounge. It is hoped that this can become a John Simson, 8.A.H., University of Bad Taste, two-thirds approval required for adoption. regular activity and that a more active organization'will' ,secret ingredient §90 Reliance One immediate effect of the vote .will be the result from the informal meetings and discussions of Contracts with Late note: The two ducks, whoused to live in the elimination of the position of Ist Vice-President from the common interests and concerns. out front of the Law School will not be back this swamp SBA. An American Bar Association Law Student Division There will also be a General Meeting this afternoon at accepted positions at Stanford Delegate, who will be the student body's official "4 p.m. in the first floor lounge regarding next year's spring. They have representative to the Bar, will fill the only duties budget, the need for the mandatory student fee, the University In California. specifically assigned to the Ist Vice-President under the Women and the Law Conference, and plans for old constitution,but without a voting seat in the SBA. orientation. Please join us. \ tiy Chris Carty - •• - briefs Constitution, women and trial by jury *' l*E4'U«f . . ' � * *of Trial by juryhas been ** * Thelaw school production i Anyone interested in coordinating the mini-career cancelled. Plans to perform the Gilbert and Sullivan seminars in Family Law or Corporate and Securities Law, operetta had to be abandoned when it became apparent please contact the PlacementOffice or Larry, 836-4962. that there were not enough students interested to cast the ** * show. The SBA Election Committee needs two students to Alan Gerstman, organizer of the project, offered count ballots for General Election, March 22 and 23. thanks to Mr. Spanogle, Becky Mitchell, Bob Kaiser, Jim Students cannot be candidates for SBA office. The Election Committee will count ballots at 4 p.m. Hohensee, Andrea Adell and Erica for their timeand help in attempting to produce the operetta. each day of the election but results must be kept ■' confidential until the final tally is made on March 23. ""* \* * Opinion staff elections ,are set for April 1. Anyone Please sign up as soon as possible at the SBA office. *' SBA ELECTIONS March 22,23 _r On point — frompage 3 "An interview which undercuts a right of privacy . . ." It wasn't a sense of relief that I felt as I left my Applicants for admission to the Bar are in a powerless compounded by not knowing when I was going to be upstairs. After a few more names, I began to relax interview. Rather it was a feeling of deliverance; position. In order to raise die issue of the offensiveness called it became clear that aside from small number of since a deliverance from a state ofpowerlessness. and irrelevancy of the application. So all questions are persons who were called out of order; the rest were going In my opinion, it is time for a thorough review of this answered. alphabetically. process. The faculty and administration of this law school, For weeks prior to the interview, hypothetical to be calledup around the lunchroom. There were more as well as, anyone else in a position of power and I glanced dialogues between the inquisitor and myself played that room than on the racks at persuasion, should consider the situation and suggest in piece three suits through my mind. At .the focus of my daydreaming was: too, was carefully dressed. alternatives to the unfettered discretion now in the hands Would I dare not answer a question that pried into my Kleinhans. I, When my, name was called, I went upstairs and waited of the few men on the committee on character and fitness. personal life? ~ ■"' ' *' for a few minutes for the next available interviewer. I wpuld point to the present practice for admission to Finally, the Saturday for my interview arrived. The Although the committeeis composed of eight lawyers, it is 189 interviews-in Buffalo wete conducted in the law usual for an applicant to be questioned by only one the bar in the Commonwealth of Massachusetts as a process that respects an applicant's fundamental rights of offices'of the chairman of the committee since the County committee member. After a cursory review of my application interspersed privacy and due process. Compared to the lengthy New Hall was not heated sufficiently on the weekend. With York application, the petition for admission to the questions, my interviewer asked me an such large numbers, it was clear from the start that the with a few routine intrusive question about my personal life. Weeks of Massachusetts bar is four pages. There is also no questioning wouldbe only minutes long. response comparable requirement imposed on an applicant to win The 'applicants Waited ih a largelunchroom. I huddled practiced responses came of naught. My actual to focus on failed to measure up to the noble and moral hypothetical approval ftom a committee on character and fitness. ma come* by the Coca'Cola'ofmachine and tried were It is clear to me that the present arrangement in New right privacy irrelevancy of and the antl asked stances on my ahhagaiine: Since oneI'half allthie'applicants to1-appear-ai the'sa'me time, I listerled carefully to see how offensiveness of the question. I met the question briefly York cannot be defended on the basis that it is a ritual to and curtly and with much silence. Surprisingly, thisline of be tolerated. The wearing of robes at a college people ■vnrt being scheduled for thefr actual Interviews. as abruptly as it started. Theinterviewer commencement is a ritual to be tolerated. An interview When a person with a last name beginning with G was questioning ended which endangers and undercuts a right of privacy is not called after an N, it seemed that my anxiety, over not r approved my application and that was the end ofmy analogous. knowing what was going to be asked of me was to Be interview before the committee. ' I * • �OPINION 8 March 17,1977 Statements from the SBA candidates SBA President 808 KAISER Teacher selections, placement, curriculum, development, state budget lines, and SUSTA are some of the issues which concern us all as law students at ÜB. For students to be heard in these areas we must be seen as a coherent body with a respected leadership and voice for student opinion. In this campaign, I have put together the people who will be most effective in meeting this challenge. I offer my experience as SBA Vice-President and law school representative on University committees to qualify me to lead the students in a coordinated effort to deal with these problems. I ask your support. JANE E. MAGO I, Jane E. Mago, am a candidate for President of the SBA. This year, I am a second-year student, a representative to faculty meetings, the "Best Oralist" in the Moot Court Competition, a joint degree major, a teaching assistant in the Communication department, and a friendly face who is always around. Next year, I will be a full-timelaw student, willing to devote my energies to the task of running the SBA. will encourage greater expression of student opinions. will take the student view to the faculty and I I administration, but more than that, I will work toward the establishment of direct, workable student-faculty interaction. Perhaps the greatest asset which I offer is my ability to communicate favorably and effectively with various groups of people. A friendly, positive personality is required of the person who represents you to the faculty, alumni, university hierarchy and general community. have such a personality and hope you will give me a chance to use it for I you. TOM MURPHY The mass exodus of faculty, announced in the last issue of Opinion, represents a serious threat to the quality of our legal education and to the reputation of our school in the legal community. Budget cutbacks which have affected library facilities, secretarial lines, Ist year writing programs, etc., certainly provided no incentive for these people to remain at ÜB. The SBA can be an effective voice in calling this situation to the attention of the legislature and forcing the state to live up to its commitment to maintain ÜB's status as a first-rate law school. As SBA president, this wouldbe my first priority. RICHARD PARENTI I believe the SBA has failed to meet its obligations. Some people think that SBA should only be concerned with social activities, but this should represent only part of SBA's functions. SBA's money and resources should also be used to improve our legal education and to enhance our job opportunities. With the proper budgetary and administrative changes, thisinstitution could become nationally prominent. As a freshman, possess fresh perspectives that would help I effectuate this goal. Other candidates may have had prior SBA experience, but this can be a deterrant. The experience of the past often amounts to the Inefficiency of the future. ABA/LSD Delegate KATHLEEN DRUMM I want to become the American Bar Association delegate because I think that expanding the relations between Buffalo Law School and outside groups will improve the reputation and standing of our school. I will establish communication with the New York State and local bar associations as well as with the national organization. This summer I will represent Buffalo at the national convention in Chicago. As an SBA Director this past year, I was surprised to discover the school'slimited contact with outside organizations. I consider the task of improving the public image of Buffalo Law School to be one of top priority, and will actively work to change the Among the Candidates present situation. Secretary Pictured above: ANDY COSENTINO In. the past year, I have been quite active in the SBA as a 1 st Year Director, serving as chairman of the Constitution committee, and as a member of the Budget and Social Committees. As Secretary,. I would hope to avoid the failure of the present SBA by Bob Kaiser — improving communication within the student body. Only then can the Issues restoration of the SUS, equal representation for students on faculty committees, a better library, a well-manned placement office, and efficient allocation of fee monies be dealt with by the SBA. Treasurer Tom Murphy Aviva Meridian Jeff Licker Jane E. Mago Richard Parenti Andy Cosentino 2nd Year Director MIKE BUSKUS My major concern for the SBA is the condition of the library. I believe that SBA shouldhave input into the budgetary process, including lobbying In Albany, if necessary, In order to make the SBA function property I realize what was wrong in the pastand to assure that the University adequately funds the library. I also support retention of the wish to correct it Last year 40% of all SBA meetings were cancelledbecause not enough mandatory student fee, which is essential to maintain student organizations. Please vote directors gave a damn to show. I came to every meeting but one. Half of all meetings were in the SBA elections. spent quibbling over procedure; I was instrumental in writing and passing the new constitution which will solve these problems. The organization was so facttohalized that LARRY PITT During the past year as first-year director, I was responsible for establishing a carrel there were no priorities. My priorities are placement, legislative lobbying for more school funds, having the SBA become the school's voice in the local community and providing reservation system in the library at finals, edited the SBA Newsletter, and continually student involvement in SBA committees. I am committed to active aggressive SBA which pushed for allocation of SBA funds for both social and educational purposes. This experience will help me to continuerepresenting students' interests in the coming year. is progressive in its politics rather than merely responsive to crisis. JEFFREY LICKER Space for publication of statements in this issue of Opinion was available to all candidates in the upcoming SBA elections. ALL statements submitted appear above. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-03-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/17/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fe660035415dbfab8a14753f1e630153.pdf cd1106f1cba648595950232a9199d911 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 Volume 17, Number 8 Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law Martin E. Lyhecker Daniel f. Gilford March 3,1977 Mary Kay Kane Separating rumor from fact Joan Hollinger Law faculty: who will return? but the support staff did not grow at the same rale. During growth the pressure At a time in the Law School's history is sometimes greater on that support staff. *vhen the dean says it is not at all clear that Our growth has settled down some, hut it the school's momentum will continue to has left us with a historically inadequate build, 10 of the 42 full-time faculty will staff base that is frustrating for faculty and not return to the classroom here next fall. students." Hassles over Xerox machines The seemingly high number of faculty and paper arc trivial inconveniences that members departing at one time can at least can mount up, he said. "On the plus side, there is a new in part be attributed to coincidence. Several faculty members were here on one academic administration in the University. or two-year appointments and several Vice President | Ronald| Bunn jon the others concurrently reached points in their Buffalo Main Street Campus! has acted to establish an atmosphere of trust and careers when they wanted a change. Of those not planning to teach at the support from above .." Headrick said~"he thinks if the law Law School next fall, four will be on leave or sabbatical. The others are seeking school can come up with a plan for the future the school will remain on track. permanent jobs elsewhere. Law Dean Thomas Headrick told "We are going to have temporary Opinion in an interview last week, "There setbacks of the kind this year, but I think are a lot of different factors affecting each .we'll come out in the long haul much of these decisions. It would be easy, but I stronger ... I don't expect this to be think overly simplistic to say there's one sorted out quickly or easily, but I see some single cause. I have some unease about real hope that some of the factors which some things: the structure of our school led to the current restlessness will and its operations. I was dimly aware of disappear in the next six to eight months. I them when J came and now I am more think I can say this without being necessarily pleased about the losses we will aware 0f... "Our future is not all that clear as an suffer." institution. We had extremely high A couple of faculty members Bwho are aspirations. We have made constant among those leaving suggested the* faculty years, particularly last 20 progress over the changes should not be viewed negatively. in the last 10 to 15 years within the State One noted that Buffalo has a reputation University. It is not clear that the among first-rate law schools elsewhere as a momentum we have been building will training ground for faculty. Anothernoted continue. We have lost ground in terms of that as long as Buffalo faculty are being salaries (in comparison with other state offered positions at strong law schools university 'aw schools and in comparison there is no cause for worry about the with private law firms). We have been i school's reputation. He noted that the boxed in by some University promotion i school is also attracting high quality and tenure policies. Our library has been i faculty. underfunded and caught in the throes of a i Rumors have been circulating around kind of confusing management the school in recent weeks about the organization arrangement. I think alt of number and names of faculty members these contribute to some unease." who were believed to be leaving. As many Headrick „ also pointed to an i as 18 faculty names have been rumored. inadequate clerical support staff as an i aggravating factor. "We've never had really The following teachers have told ample clerical and administrative support t Opinion they have made other plans or are staff. The student bdOy-grew, the faculty considering other options for the fall. by Janice Barber grew, - . » : : > LOUIS A. DEL COTTO, tax professor: has accepted an offer to teach at Pace in White Plains "at least for a year." Adolf Hamburger DANNYE R. HOLLEY, assistant professor of criminal law and conflicts: said he "probably will not be back at the Del Cotlo saidhe also had offers from New school in the fall." He will likely relocate York University and Villanova. He saidhe in Houston, Texas. Holley said it is not may also teach at NYU to experience the settled what he would be doing there. New York setting. Del Cotto will be on Family considerations and considerations leave from Buffalo. Asked if he would be returning to ÜB, Del Colto said, "My plans haven't gone that far one way or the other." He said one of the primary reasons why he is going to Pace is "my friend Bob Fleming (former UB associate law dean) is Dean and I think he can develop a good law school there, especially if he has people with experience in his early years." Other factors include ihc Buffalo climate and a desire to see other parts of the country and to gel another perspective after 17 years on the Buffalo faculty. Asked about salary, Del Collo said that he thought Buffalo had done the best by him that il could '■'within budget constraints." DANIEL ). GIFFORD, professor in administrative law and trade regs.: has taken a one year leave to be a visiting professor at the University of Minnesota Law School. "It's fun to change your environment for a short period of time," he said. "You meet new people, get a sense of what other people are thinking. It makes you a better teacher on your return." Asked if he plans to return, Gifford said: "I can't predict the future. I'm very happy here at Buffalo. I am inclined to think I will return." Gifford has been at Buffalo about ten years. MARJORIE GIRTH, associate professor in commercial law: will continue on sabbatical through the fall semester. ROBERT W. GORDON, associate professor in contracts, evidence and legal history: has taken a permanent position at the University of Wisconsin Law School. [See story, page 6.j Gordon said the main reason he is going to Wisconsin is that Willard Hurst, a well-known legal historian, is on the Wisconsin faculty and Gordon will be able to work closely with him. of what he intends to do over the next five to ten years led Holley to consider the move, he said. His wife wants to pursue a career as a certified public accountant and would have better opportunities there, he said. "I am leaving with some mixed feelings after spending so much time as a teacher and a student before that [at Buffalo), but in terms of the kinds of things I want to accomplish in terms of a law school setting, or in a professional setting, I think it will be easier to do that There is a much larger in another city. minority population in Houston in the middle class in case I want to go into private practice on my own." JOAN HOLLINGER, visiting assistant professor in the legal research and writing program, contracts and gratuitous transfers: was here on a one year appointment. Hollinger's husband has been given a position at Princeton's Institute for Advanced Studies for 1977-78 and she will be accompanying him there. She hopes to teach at a New Jersey area law school, she said. ADOLF HOMBURGER, professor of civil procedure and New YorkPractice: has accepted a three-year appointment at Pace as a distinguished visiting professor. Homburger reached the State University's mandatory retirement age of 70 two years ago. The law school has secured successive one-year extensions for Homburger since then. The extensions are allowed for a showing of unique service to the school and require approval by the dean, the president of SUNYAB, the State University Chancellor and the Stale University Board of Trustees. Dean Headrick started the machinery to get another extension for Homburger for next year, Homburger said, cont'd. on page eight — �March 3,1977 OPINION 2 Letters to the editors Editorial on the SBA Buffalo's bad weather is a handy excuse for leaving this city in search of more comfortable climates. But, even the weather is not enough to account for the alarming attrition rate of professors from this law school. Are we to take consolation in the fact that SUNYAB law school is well regarded as a training ground for faculty among the "top" law schools? This is a hollow comfort at best; it merely proves that SUNYAB law school has the ability to train and nurture first-rate legal professors but is unable to retain this expertise once it has sufficiently matured. How long must SUNYAB law school remain the "tiot house" for the top law schools, sheltering prospective high quality faculty from inclement conditions only to have them come to full development at so-called first-rate schools? It is obvious that there is no one solution to this problem and the fact that the administration recognizes the severity of this situation is encouraging. Action by the administration at this point may eliminate such massive faculty departures in the law school's future. But for next year's students at this law school, faced with an influx of freshly acquired faculty, it serves as no condolence to know that someday Buffalo, too, will experience spring. GSEU needs research To the Editors: Emergency Legal Research, Drafting and Counseling is now needed by the Graduate Student Employees Union (GSEU) prior to its March 14 strike referendum in the following areas: 1. The right to demonstrate on and off campus; 2. Strike options; 3. Contract terms -» (a) affirmative action, (b) wages, hours, work conditions, health and safety, grievance clauses; 4. TaylorLaw clarification; 5. Legal techniques used by the successful TA/GA unions in Michigan and Wisconsin. Volunteer law students will be working directly with a local attorney, Sue Silber at Collins,Collins and DiNardo. They will have a decisive amount of immediate input into actual contract terms and negotiations. Activists will be able to protect the legal rights of strikers and/or demonstrators by being legal observers and/or by organizing, leafletting or educating graduate student employees in their legal rights and obligations. You will work and party with graduate students from every department on campus. There are 1100 GA/TA's on campus; if certified they will probably be ruled a state-wide unit. Three years of union organizing, negotiating and contacting such possible support groups as the Teamsters has resulted in an urgent need for coherent legal contract and negotiation proposals before the March 14 strike referendum deadline. Call GSEU, 838-5483 or Chrisand Becky, 838-1183. Barbara Zipkas Stan Legan OPINION STAFF ELECTIONS are set for April 1. Anyone interested in a position on the Editorial Board should submit her or his name and the job desired by March 25 to Room 623. Vol. 17, No. 8 OPINION March 3,1977 Editors: Cornelia Farley Tanis Reid Louise Tarantino Business Manager: Steve Errante Photo Editor: Nancy Mulloy Granat, )ean Staff: Jan Barber, Rob Ciandella, Andrew Cosentino, Ted Firetog, Jeff Graziani, Joel Hockett, Susan Hogan, Kirn Hunter, Becky Mitchell, David Munro, Sharon Osgood, John Privitera, Dave Rittenhouse, Dean Silvers, John Simson, Patrick Stellato Art: Kastle Brill Photography: Frank Carroll Contributor: Sheryl Reich Copyright 1977, Opinion SBA. Any republication of materials herein is strictly prohibited except for without the express content of the Editors. Opinion is published every two weeks, student newspaper of the State University of New vacations during the academic year. It Is theAmherst Buffalo, N.Y. 11260. The views Campus, SUNYAB Buffalo School of Law, York at expressed In this paper are not necessarily those of the Editorial Board or Staff of Opinion. postage entered at Buffalo, N.Y. Editonalpolicy Opinion Is a non-profit organization, third class the Editorial Board. Opinion Is funded by SBA from of Opinion is determined collectively by student Law Fees.ComposK'on: University Press at Buffalo. To the Editors: - "We ought to congratulate ourselves it's the first significant thing that we've done all year!" With these words Barry Fertel, SBA President, enthusiastically greeted the decision of the SBA officers to recommend and send to a referendum for ratification by the student body a proposed new SBA constitution. Certainly there is reason to be glad at this development. The proposed constitution is in nearly all respects superior to the present governing document of the SBA, which is hopelessly ambiguous and contradictory. The constitution should be enthusiastically approved by the student body. It clearly defines the functions and duties of SBA officers and committees, and eliminates many ambiguities which are presently the source of bitter conflict which wastes much of the organization's time and energy. Further, it establishes a firm committee structure which can be a source of strength in focusing student efforts at dealing with administrators, faculty, and the vagaries of life as UB law students. I said that the constitution should be enthusiastically approved, knowing full well that most students think this and.the SBA-is a futile exercise. They have a right to be disappointed with the SBA. Barry Fertel's statement above can also be read literally as a description of the effectiveness of the SBA since September of this year. In opting for constitutional revision which we have been fighting for since October without being able to have the matter voted upon until now! the first year directors recognized the futility of accomplishing anything within the SBA as it was constituted this year and chose to lay the groundwork for next year instead. - - — Students are wrong, however, if they believe that their participation in the SBA is wastedeffort. We do need strong action from some effective centrally-organized student body in this school to protect our interests. In the upcoming SBA elections, the student body must elect competent, progressive officers to deal with problems such as the continuing threats to cut off student access to tie-lines which, if fulfilled, would cripple student lobbying efforts; the fight to maintain the State University Scholarships forlaw students in the upcoming budget; scheduling of classes (why was the entire Mcd School student body consulted as to alternatives for make-up classes and not the entire law school student body?); and adequate funding for the library, to name a few of the more immediate issues. But, almost in the same breath with which the constitution was adopted, the SBA voted last .night to hpld a referendum on the mandatory student fee concurrent with the elections for SBA officers on March 22 and 23, an action whose'potential for harm outweighs the potential good of the adoption of the constitution. Those interested in this referendum essentially seek the removal of the fee. Some simply feel that all money not spent on happy hours'and parties is waited (that is, organizations which attend conventions, have speakers.-etc, should not be funded for these activities), so that the entire fee should be abolished. I won't grace this argument with an answer. Others feel thatelimination of the feeis necessary to spark life and tight organization in activities and clubs which they feel are poorly run and administered. The insensitivity of those who hold the attitude that we will have "survival of the fittest" among, our student organizations is incredible. Certainly Moot Court ($650) or Law Review ($5000) might findalternative sources for the revenues they presently receive from the SBA (probably by charging entrance fees for competitions, thus effectively closing off an important educational experience to much of the Law School!). But what of BALSA ($1085), Women Law Students ($323), Environmental Law Club ($185), International Law Club ($395), National Lawyers Guild ($460), Law Spouses ($250), or NYPIRG ($1000), to name a few? Groups like these, with their relatively small memberships and special topic orientation can't possibly survive. What of the fees paid by the SBA so that law students can use UB athletic facilities? What of the thousands of dollars spent on social activities? What of Opinion, the only means of communication readily available to all membersof the law school community? I don't believe the students in this school really want the colorless, hornbookenvironment that would result from such actions. Besides, the fact that this year's SBA has been wholly unable, whether through the incompetence of some members or circumstances forced upon others, to cause reform in student activities throughout the school does not mean that it can not be done. These activities must hot themselves be punished by the SBA's failure. Proponents of the referendum argue that the voice of the students must be heard upon this matter, but this last argument is really the easiest of all to answer. The .voice of the students has been heard; about one year ago, a similar referendum approved the maintenance of the fee. State law requires a referendum on this matter every four years. The SBA is abdicating its responsibility to the student body by holding a referendum each year and allowing the issue to be constantly thrown into doubt, crippling the planning and growth of student organizations that depend upon the mandatory student fee forall or part of their funding. • Furthermore, a referendum this late in the year unfairly binds next year's officers without leaving them adequate time to consider alternative sources of funding should the mandatory fee be abolished. It forces them to postpone consideration of the SBA budget until after the month of March, so that if the feeis maintained thereis precious little time for the SBA or organizations requesting funds to do a good job of allocating scarce resources in any sort of equitable fashion. It would be a shame if the efforts of those few whohave labored thispast year upon projects such as the restoration of funding for law student scholarships in last April's budget or the revised constitution were wasted. The students of this school must elect competent, aggressive SBA officers for next year, giving them a firm mandate to tackle the problems thatstudents face. The students must demonstrate their commitment to a better quality of life in this law school by voting to maintain the mandatory fee and put to rest this troublesome issue thathas distracted us from the important business of improving life at this school. Andrew First-year J.Cosentino SBA Director �March 3,1977 OPINION' 3 Wide World of Torts: Law School....Downhill? by JohrfSimson The administration today confirmed rumors that the entire faculty of the UB Law School would be leaving at the close of this academic year. Dean Headrick has urged that all firstand second year students Femain calm; and that those not wishing to become ski instructors see Mr. Wallin immediately. Headrick further stated that the loss could easily be absorbed. In fact, this reporter has learned from the Administration's newly-created Replacement Office that the mass exodus was welcomed. "It will do wonders for the cut a lot of budget unnecessary fat, particularly since the school Will become a ski area sometime next fall." This report is further substantiated by reliable informers (see Aguilar) who have indicated that the' total faculty bail-out was by no means "accidental." Rather, it was the culmination of yearsand yearsof hard work, on the part of SUNYAB's Board of Trustees, who just recently offered the faculty the option of continuing at 1/10 of their present salaries, or play out their contracts. The move is apparently a calculated gamble by the Trustees to take advantage of Buffalo's new stature as "Snow Capital of the World." The plan, as it now stands, provides that O'Brian and Baldy Halls will be covered with over 800,000 tons of earth at the close of this semester. This will create a mountain with a vertical drop of nearly 2000 feet; making ... it the largest ski center in New York State. The area, tentatively named Mt. Amherst, will be the only ski area of its kind in the world. Some of its more unique features will be: an underground library large, windowless lecture halls for visiting instructors (it is rumored that a visiting professorship has been offered to Rosi Mittermaier!) The only truly professionally trained ski patrol in the world (all patrolpersons will be former law - - students) - an underground cafeteria in Baldy Hall that serves everything from torts to motions to vacate. Dean Headrick has also advised Opinion that all first and second -year law students will be offered the choice of transformation from dull, boring and barely literate law students, to exciting, vibrant, physically exuberant and barely literate ski instructors. Summer school will be convened at Mt. Ranier, Washington; where law students will be taught to traverse moguls, instead of complaints. As an avid skier, I welcome the addition of a truly skiable mountain right here in Western New York. However, I still have some doubts as to the advisability of this course of action. Mind you, I am not bitter about not graduating from law school; my stake in that loss is not substantial. I am just wondering whether it will work. Planning does not seem to be one of the fortes of our beloved Trustees. In an area cold of clime and strong of wind, it is to say the least not nice to build parking lots Ski instructors stand halfway up Mt. Amherst, Buffalo's newest ski center. The summit, not yet covered is expected to be open for skiing early next fall. It will be the first ski area to offer instruction in GLM Downhill, and Avalanche Law. 2-3 miles from the nearest building. I realize that the esthetic value of parking areas is not recognized in our culture; yet, somehow, each morning as I cross that Tundra, that verdant glen on t .. . .. the way to the windowless monolith, I just wish it were paved and painted. There is, however, one positive element to this ski area. It is perfectly clear that if the SUNYAB Trustees turn this school into a ski area Buffalo will soon be blessed with the climate of Acapulco. .. hornbooks. Now, an incredibly simple series of questions can tell you whether or not you are paranoid. Here are just a few: 1. Do you ever feel Review Articles with razor blades because you needed them for a research and writing assignment? that 4. When you're walking to your car in the parking lot, did you ever feel that the cars were Shepardizing cases is a plot invented by an opthaimologist to destroy younglaw students' eyesight? Have you ever felt that just when youhad learned what all those funny little letters meant, they changed themall? 2. Have you ever been unfairly The Paranoid Lliw Siudeni Arc singled out by a professor, for You One? turning the pages of your newspaper too loudly in the Well, if you think you might be of YOU ARE! The diagnosis back of class? the truly sick law student is no longer the complex problem it 3. Have you ever felt that once was. Doctors no longer must someone was purposely stealing books, or excising hook up electrodes to the student's briefcase as he/she reads critical pages from the Law followingyou? 5. Have you ever felt thatall of your professors were going to leave the law school you were attending? If you answered yes to any of these questions, call a lawyer immediately. If you answered yes to all of these questions, call a doctor immediately. If you answered yes to none of these questions, see Dean Headrick immediately,and maybe you can teach all four sections of civil procedure next year. On-point Daniel Schorr: a journalistic hero? by Dean Silvers On February 19, 1977 at Buffalo State College I heard a speaker who might gain the distinction of making my exclusive ten most admired personalities list (affectionately regarded as the search for the Holy Grail). Daniel Schorr is not what one would imagine a hero would look like. He is a balding, bespectacled man in his sixties, whose voice reminds me of Fred Gwenn in that old movie, Miracle of Thirty-FourthStreet. Schorr cannot leap tall buildings in a single bound, nor is he faster than a speeding bullet. What he is, is a casualty in the battle between individual liberties and the media-society (take your choice) omnipotence. Eighteen months ago I heard Mr. Schorr speak in Boston. He was at the top of his field, a respected "investigative" reporter for CBS He was neatly attired, had a well-prepared speech, presented it and carried on in xthe grand News.^ /eloquently, tradition of constructiw^criticism in the system of free press in the United States. However, on this occasion eighteen months later, much had occurred in the life of Mr. Schorr. Like Joseph K. in The Trial, without rhyme, reason, or care, certain events "manufactured" by society took their toll on a beleagured Daniel Schorr. For in his travels these past eighteen months, Schorr attempted to give facts credibility in the news to the American people, and for a while there, it appeared as if they did not want it. On Feb. 28, 1976 Schorr released Congressman Pike's investigative committee's report on the CIA to the Village Voice in New York City. Although most of the report had already been released through CBS News or the New York Times, the U.S. government, in all its compassion and splendor, decided to "hang" this on Schorr. To make an unpleasant story short, what it finally came down to was that Dan Schorr had the choice of either (1) disclosing who his sources were who got him the CIA Report, or (2) face a stiff prison sentence. And Schorr, with a family and a second job, took the latter route. But before his situation reached the critical stage, Congress backed off, a reprieve for the time being. What was amazing about this entire episode was the complete breakdown of the powers and processes of the mighty institution of broadcast journalism. CBS News from the days of Edward R. Morrow Fred Friendly, his long been - up, with an awareness of what it Yet he is on his way up again. Sociologically, his nine-year old was like down. Thomas Jefferson's ideal of son kind of said it all. He was at having a revolution every few school defending his father, and years has been long forgotten by explained, "He [Schorr] had our society. Logically, a society some secrets, the government would obviously desire to keep wanted them, he did not give itself in power. Pursuing them to the government, they democratic ideals in society is almost put him in jail, but he did acceptable, as long as they do not not give away the secrets. He did threaten this society. But once this because he wanted to save it Yet Dan Schorr came out they do, forget it. Ask Schorr. for the consumers." okay. When I saw him at Buffalo State this night, he had no prepared speech, no "urban charm" or graciousness, no fancy suit, and in general a bit wearied. He no longer desired to appeal to those acceptable standards of change in the societal process, for he was there, and it did not work. Assemblyman William F. Passannante, Chairman of Schorr was reflective that the Assembly Intern Committee, has announced that the night, and aimed at the youthful Assembly will again be offering ten summer intern idealism we once had, and was eager to cathartically clean positions for New York State residents who will be ourselves and our society. He was matriculated either as college seniors or graduate not optimistic, nor was he cynical. students in September 1977. He spoke from a meditative Interns will work in Albany on a specific research awareness, and although this project in conjunction with members of the Assembly's David may have had his sling professional staffs. Interns will receive a stipend of broken by Goliath, by no stretch of the imagination would he ever $1,500 for ten weeks of full-time work. think of not repairinghis weapon. For more information, please contact the campus There is an adage that the best coordinator for the intern program, Leslie Haggstrom, point in a psychiatrist-patient Room 643, or the Assembly Intern Program, The relationship is right after the Capitol, Room SI 9, Albany, New York 12248. patient has attempted to commit suicide. For the patient has hit Applications must be completed by April 8,1977. rock bottom, knows what.it is like, and has nowhere to go but heralded as the bastion and pride of broadcast journalism in our country. Yet Dan Schorr, their own reporter, was practically disowned by CBS; not only did they ignore him, but they fired him, and then washed their hands of the entire issue! Quite a retreat for the bastion and pride of broadcast journalism. Summer interns sought �March 3,1977 OPINION 4 The Hustler hassle: objective and/or subjective obscenity John Lipsitz by (Editor's Note: An Ohio jury last month convicted Larry Flynt, publisher of.Hustler magazine, of obscenity and organized crime. His brother, jimmy Flynt, a magazine official, and severalothers indicted on the same charge, were not convicted. The Flynts are represented by the Buffalo firm of Lipsitz, Green, Fahringer, 8011, Schu/lerand James. Paul J. Cambria, a partner in the firm,handled the defense of Jimmy Flynt at the Cincinnati trial. The following interview was conducted at the firm's office last week.) Q. Would you pose for Hustler magazine? A. No, absolutely not. I have no desire, it has nothing to do with my defense of Hustler magazine and that'sall that I'm interested in, the legal aspects of it. Q. As you see it, what are the policy implications of the decision? A. Well, the main impact of the decision will be [that] this is the first time when a national publisher himself has been indicted and convictedand sentenced to a very severe punishment. Usually it is the local retailer, the book store seller ;nd so on. The problem is that it's impossible for a national publisher to edithis magazine in such a way that it will be acceptable in every community in other words, edited to the least tolerant factor in the community and at the same timeaccommodate the interests of the other section of the community. What will happen is there are two choices to be made; one, he will in fact attempt to edit it to the least tolerant community or (2) he will censor himself and remove all of those things which may be controversial I suppose that's the same thing as editing it to the least tolerant community or he won't publish — - - — it. Q. If they reverse this on appeal, how will the Supreme Court eventually be able to reconcile it with earlier obscenity cases, or will they indeed have to overrule cases like Millerl A. Well, the problem is that in deciding the Miller case, implicit in the opinion was a belief that each individual community would make their own decision and that that decision would be binding and effective only on that individual community. What's happened in this case is what Justice Douglas feared in his dissent in the Miller case and that is [that] one individual community will in effect be dictating the tastes for the rest of the nation because of this Shockwave effect and because of the severe penalties involved. Q. And that'san essential part of the prosecutor's case? A. Yes, they have to demonstrate that it went from the printer to the publisher and all the way down. Q. What do you think the chances are of getting a jury conviction in Buffalo on the same . case? A. Well, there's no way for me to be clairvoyant. I can just tell you on the basis of what appears to be the community standard in Buffalo. These materialssuch as Hustler and Playboy and Penthouse and so on fall farbelow the community threshhold here for tolerance. The basis for this is that in order to determine what the community standards are, no one stands on the street corner and says "community standard today is Playboy's out, Penthouseis in" You have to look at the surrounding circumstances. Some of the circumstances you look at and the ones the courts authorize you to look at are things such as what's playing in the movie theaters, what's available in the bookstores, what's available in the County Library, what do we tolerate regarding plays, stories, and so on. We see probably 2 million of these type magazines sold in our area per year,which indicates to me, because of commercial acceptance, that there has been an actual acceptance by the people of these types of materials. I think that if you tell yourself that they're not acceptable in the face of such gigantic sales and obvious demands... I think you're justkidding yourself. Q. In the case involving Carnal Knowledge {Jenkins v. Georgia) where Rehnquist wrote for the majority, wasn't he able to sidestep, as I remember, this community standards issue by saying that it wasn't patently offensive ...? Q. Wasn't an offering of this type of evidence rejected by the trial judge? A, Well, he was saying that the pure nudity that was contained in Carnal Knowledge was A. Yes. And that's^of course one of the errors that we're raising on appeal obscene, any community nudity offensive as a of law. Mere alone was The usual situation when courts disallow so-called evidenceof community standards not to matter not is where you're representing someone who owns a bookstore and has sold a magazine in his opinion. It's a matter of law. which can be found in perhaps two bookstores in the entire city and they have to be in Q. So, that does expose this whole thing as being kind of a subjective or an entirely the so-called core area, the adult bookstore area. In that situation if somebody comes in say? objective nudity wouldn't Can draw line as a subjective process, you you an between and says "Lookwhat I found," or "Lookwhat was available in a few other bookstores," that really isn't representative of what the community tolerates. All that it is matter of law or masturbation as a matter of fact? A. I think that the problem is that in attemptingto draw the legal line youhave to make representative of is what is available. a subjective judgment. On the other hand, our case isn't a situation where isolated similar materjals Are found or are available. This is a situation where every single neighborhood you gointo'in area? County And what be the effect of continued distribution the Cincinnati this all of the most respected and legitimate stores, whether they be grocery will in Q. A. Well, cases involving the First Amendment, particularly publications, are unique. stores or drugstores or bookstores have books like Playboy and Penthouseand Oui and Only 11 issues of Hustler were found to be obscene; and ... that decision does not Club and a raft of others They're not isolated, they're out in public display. They're operate as a declaration of obscenity as to issues not covered by the indictment, of not under the counter, they're obviously accepted and tolerated. prospective issues. ... If it did, thatwould constitute a prior restraint which is certainly unconstitutional. The reason being that therehas been no adjudication of obscenity as to Q. I'm constantly harrassed by a friend fromNew York City who keeps maintaining that all you can get here is soft porn and thatBuffalo is really poverty stricken when it comes any issues except the 11 involved in the indictment. to real hard core pornography. I think he tends to class Oui, Penthouse, Playboy and exposed be it Hustler all in one sort of category, a notch above whathe considers to be the good stuff to if Q. In practical terms though, whatkinds of liabilities will the magazine thathe can get in New YorkCity continues to publish? Or would thatbe justspeculative? A. Well, it's speculative but the other part of it is that a feeling may be that that type of A. Probably a*notch below magazine has been declared to go beyond the community standards. I'm saying this in the sort of legal sense because I don't think that the jury was in any way convinced of that. Q. Have you noticed any differencebetween what might prevail as a community standard I'm afraid thatmy opinion is [that] the jury really disregarded thelawand decided in New York City and what might in fact prevail here? the thing on a gut reaction, a personal basis as opposed to being representative of the A. I think that there's no question that books such as Playboy and Hustler and so on community. But the problem is that someone down the line could feel, "well, it's just the really can't even be considered in the running for obscenity These aren't the things same as the other [publication] that was already found obscene." Therefore, if it's a that historically have been prosecuted in thelast few years. Thosebooks consisted of one police depiction handle or it's a or after another of ultimate least so-called uncommon or it," officer, bizarre, if at prosecutor sex acts, retailer, he might say, "I don't want to abnormal sex acts. he might say, "It's the same thing, let's arrest him." In New York City there's apparently everything imaginable available from homosexual experiences, live sex shows, massage parlors, prostitution houses, and so on Q. So if the next issue of Hustleris distributed in the Cincinnati area Really, if there's anything such as pornography or which are very open, peep shows A. It has been already. obscenity, that comes as close to it as possible ... We don't really have a lot of that, it's criminal contemplates starting separate know whether the a but it's abundant. prosecutor here, you Do not Q. ... . . proceeding? . - A. No, I don't know that and of course youhave to realize he also has another remedy which is a civil proceeding. Maybe I. shouldn't even suggest it, ... No, therehas been no criminal proceeding that I know of that he contemplates. I think that if he did there would be a great cry from the populous that he's squandering their money. And my understanding is that many editorials and many let^e'rs to the editor espousing that kind '-'We can't clear our streets of [position] have already occurred,and people are saying of snow and we have murderers upstairs and you people are fooling around with a book." So I think that that wouldbe one of the reasons why. The other is that, you know, it wasn't an easy win for the prosecution, and certainly the validity of it is questionable. It took five weeks and the jury was out four and one half days. I think that they [the prosecution) realize the shortcomings of the laws that we are operating under and that they'regoing to wait for a constitutional test in the Appellate Courts. . — Q. Can you discuss any of the technical aspects of the trial itself? For example, how were the issues of Hustler introduced into evidence? A. Well, the usual way. They just put a distributor on the stand and ask him, "Did you "Did you sell them all in Hamilton County?"... receive these? Did you sell them?" And that'show they're introduced. . .. . — . Q. From a civil libertarian point of view, how can you tie in this organized crime charge? How does that fit in with what might be termed systematic repression of individual rights? A. The only way that \\ fits in is that the charge itself of organized crime is so broad and all-encompassing that it could really be tied into any offense that you can imagine. The statute is broad enough to cover five boys stealing apples from an orchard. They could each be sentenced to 25 years because it covers five or more people who engage in any offense for the purpose of gam; and that'sh6w it's tiedinto this obscenity fase. There's no specific provision in the statute which says obscenity; all it saysis for the purpose of gain, and that's how they used it here. The actual obscenity charge itself only carries six months; the organized crime aspect of it carries 25 years. And so the shock of the tremendous sentence Is the enormous penalty involved. It's the thing that will really act as a catalyst for the censorship problem. Q. Andhow do you propose to attack the organized crime statute ...? A. Well, we think it's vague and overly broad, certainly way beyond what the legislature apparently contemplated. There, is no gradation regarding punishment, vis-a-vis, severity of crime. �March 3,1977 OPINION SBA plans referendum/revision by Andrew J. Cosentino At its regular meeting on Monday, Feb. 22, the SBA reached final decision on a number of questions which will soon be brought before the studcnl body at large. The SBA adopted a revised constitution which will be presented for approval by ihe studcnl body at a referendum to be held on Tuesday and Wednesday, March 8 and 9. Students will vote on whether the mandatory student fee should be maintained or abolished in a referendum to be held concurrently with the elections for next year's SBA officers, scheduled lor Tuesday and Wednesday, March 22 and 23. *Ihe""most important aspect of the proposed constitution, which will require the approval of two-thirdsof the students voting al the referendum, is thatit clarifies the many ambiguities in the present document. The functions and duties of SBA officers and committees are clearly defined so that accountability is assured for the first time. Particularly important are the provisions establishing a firm committee structure within the SBA, clarifying the presently confused system for budget proceedings and for constitutional revision in . elecl a President, Vice-President, Secretary and Treasurer of the SBA, v £ar Association Delegate, who shall serve as the SBA representative and liaison to the American, New York Stale, and trie County Bar Associations will also lie elected by the entire student body, as will the three student members of ihe Facully-Sludcnl Relations Board. Of course, if the proposed conslitution is not ratified, tKere will be no Bar Association Delegate position and there will be two SBA Vice-Prcsidenls. Petitions for those wishing torun for office will be available in the SBA office on Tuesday morning, March I. Petitions will be due on Wednesday afternoon, March 9, the same time that candidates are expected to submit short statements regarding their c.mdidacy to Opinion. Further information on the election and deadlines will be posted on the door of the SBA office on Tuesday morning, March 1. The referendum held concurrently with the SBA elections will be to determine whether the $30 mandatory student fee should be continued or abolished. The money raised from the imposition of the fee is used to subsidize a broadrange of student activities. The imposition of the fee is permitted particular. subject to SUNY Board of Trustees Rules and Three major changes from the current Regulations =302.14, which requires its approval by constitution are provisions changing the voting I the student body in referenda which must lake place requirement for election to President, no 'less than once every four years. A referendum Vice-President, Secretary and Treasurerof the SBA held in November, 1975 approved the maintenance from a majority of the votes cast to a plurality of the fee, but those opposing the fee as well as (provided that the plurality includes at least those questioning the accuracy of the tally of the one-third of the votes cast), establishing a standingi last referendum have succeeded in scheduling this rules committee, and eliminating one of the offices; referendum to reconsider the question. of Vice-President within the SBA and substituting a The ballot will probably be in two parts. The Bar Association Delegate position to handle the only first part will be to determine whether the fee should specific duties assigned to the office being abolished. be continued or abolished, and will be binding upon Copies of the proposed constitution will be ! the SBA. The second part of the ballot, which will widely available to interested students. Starting; only be advisory, will be to poll students on the March 3, more than a dozen copies will be available question of the level of the fee.Choices will include at the library on closed reserve. In addition, copies maintenance of the fee at its present level ($3O per will be posted throughout the school, and copies will year), raising the fee to deal with inflation and be available for students who want them in the SBA increased costs, or lowering the fee. office. Finally, copies will be available at the polling; In adopting the report of the Constitution places op. the days t(iat~thereferendum is held. Revision ddmmitlee, chaired by Andrew Cosentino, Election's for SBA officers will be held I and consisting of the chairman apd Jeff Licker and ; concurrently with the fee referendum. Six directors Kathy Drumm, the SBA decided to urge students to each will be elected to represent the second and I ratify the proposed conslitution. The SBA has thus third year classes, by first and second year students, far taken no position on the feereferendum, nor is it respectively. The entire student body will vote toi likely to do so. , , , : The president's corner by Barry Freriel judge the ability of an applicant to teach the law. It is this essential combination of teaching ability and At the time of this writing, rumors were legal scholarship that comprise an outstanding law rampant about the great exodus of faculty members faculty. Thus, the equal participation of students in from the Law School. While several members of the this cooperative and mutually beneficial effort to faculty are leaving, their departure is not a death restore the faculty to prominence is highly knell for the Law School. Rather, we are being important. presented with a unique opportunity to provide as There are problems which may arise if students much input as possible concerning the future shape are allowed to participate in the deliberationsof the and direction of the law school, both in terms of its Promotion and Tenure Committee, but it is my faculty and its curriculum. opinion that these risks are well worth it In the first Last semester, a proposal was presented which incidence, a large number of faculty members, advocated equal student representation and voting namely, non-tenured teachers, may not become power on. the several faculty committees. The members of this committee. Therefore, it is argued affected committees establish the basic policies of that student participation would give those persons the law school, especially in the areas of academic with little or no professional experience the power and budgetary planning. Unfortunately, the faculty to judge the ability of thosewho themselves may not at its Feb. 21 meeting voted to table the proposal. be evaluated by fellow non-tenured faculty However, it is expected thatbefore the end of this members. This problem could be surmounted if students semester the faculty will approve the resolution. As presented, the recommendation will be participated in an advisory nonvoting capacity on an inapplicable to two extremely important experimental basis. As advisors, students could committees: the Appointments Committee, whose provide valuable input from "their side of the function it is to recommend future faculty fence." Even though former students of faculty appointments to the faculty; and the Promotion and members up for tenure are asked to respond to Tenure Committee, which, evaluates the performance surveys relating to a particular instructor, there is a of non-tenured faculty and submits blatant bias in such a procedure insofar as only those recommendations as to the granting or denial of with strong subjective views, both negative and tenure. Both of these committees concern positive, will be likely to respond. themselves with the shaping of the faculty, and The result will be a biased sampling of student therefore, the future development of the Law opinion which could be detrimental to the affected School. At this time, the Promotion and Tenure instructor. These student representatives .would be Committee does not have any student able toglean from these surveys and discussionswith representatives, but, hopefully, this situation will fellow students the general student view of the change in the near future. teacher. Meritorious arguments have been urged for the Student participation in the determination of maintenance of this status quo. Students, it is said, the composition of the faculty will only add to the do not possess the requisite experience for effective general purposes of the school both as an institution analysis of the scholarship of faculty applicants. of legal scholarship and as a training ground Although this may indeed be true, it is undoubtedly dedicated to the preparation of competent also true that students can far more competently attorneys. 5 Faculty extends offers to six The Law School faculty has volcd lo extend teaching offers to six persons, three of them on a visiting basis, for the fall. So far, one offer has been verbally accepted and one has been declined. George L. Priest, 28, a lecturer and fellow in law and economics at the University of Chicago Law School and an associate professor of law at the University of Puget Sound, has verbally accepted a leaching post for the fall. Priest, who holds a J.D. degree from Chicago, would leach in the areas of commercial law, torts, anti-trust, and lawand economics. Teaching offers arc also being extended to: Alfred S. Koncfsky, 31, a graduate of Boston College Law School. Koncfsky has been, a Charles Warren Fellow in A m cr i can Legal History, at Harvard Law School since 1970. He also is editor of The Legal Papers of Daniel Webster at the Dartmouth College Department of History and book review editor of the American Journal of Legal History. He was an instructor in American Legal History at Boston College Law School in the Spring and Fall of 1976. Konefsky Ts a past associate editor of The Papers of Chief Justice Lemuel Shaw for the Massachusetts Historical Society. If he comes to Buffalo, he will teach in the areas of legal history,' contracts and possibly wills. Dcnisc S. Carty-Bennia, 29, an associate professor of law at Wayne State University Law School i n Detroit. Ms. Carty-Bcnnia, a member of the National Conference of Black Lawyers, holds a J.D. degree from Columbia University School of Law. She was an associate with the New York law firm of Kaye, Scholcr, Ficrman, Hays and Handler after graduation from Columbia and before joining ihc Wayne State faculty. If she comes to Buffalo, she will teach in the areas of civil procedure, remedies and equity. The faculty has voted to offer visiting appointments to: Marshall Jordon Breger, an assistant pr of essor at the University of Texas Law School In Austin. Breger, a member of the Board of Directors of the Legal Services Corp. in Washington, D.C., is a graduate of the University of Pennsylvania Law, School. He also holds degrees from Oriel College of Oxford University and a B.A. and M.A. from Perm. He clerked for U.S. District Court Judge Marvin Frankel in New York. Ifhe comes to Buffalo, Breger will teach in the areas of civil procedure, law and medicine and the delivery of legal services. Anthony Waters, 31, an assistant professor at the University of Maryland School of Law. Waters, a native of London, England, has had visiting appointments to the University of Santa Clara School of Law and Yale College. He was also a teaching fellow and instructor at the University of Chicago Law School. He holds an L.L.M. from Yale. Waters would teach in the areas of contracts and criminal law. An offer also was extended to Richard Frase of the University of Minnesota. He declined. Law School Dean Thomas Headrick, said the faculty is also considering extending a visiting appointment to someone in the corporations field and making permanent appointments to two otherpersons, one in international conflicts and corporations, and the other in lawyer-client clinic. Some candidates are also under consideration for part-time positions, Headricksaid. Schwartz claims wiretaps ineffective law enforcers by Rob Ciandella Who killed Frank Chin? Prof. Herman Schwartz did not answer this question during the course of his lecture on individual rights and government intervention Wednesday, Feb. 23 at the Law School. He did, however, provide a seasonal analysis of the state of electronic surveillance in America. Since the passage of legislation in 1968 which legalized the use of taps, legislation which was passed in the wake of Robert Kennedy's assassination (Kennedy was an early contributor tp the measure), the use of taps has been justified on three principal grounds. Supporters of lapping acknowledge its ugly character, but maintain that its use is justified because it is indispensible in the fight against crime, that it is used only on the most seriousoccasionsand, in a simple twist of logic, they claim that the legalization of tapping acts as a deterrent to illegal tappers. Schwartz said lh.it the wiretapping he was to consider was that which took place when neither party was aware of the tap. In functional terms, lapping is cither a device placed on a telephone or it can be the more insidious room tap or bug. Finally, Schwartzasserted that taps are used either in the context of criminal enforcement or in the interests of "national security." The use of taps for criminal enforcement has not, Schwartz claims, been at .ill related to the commission of seriousoffenses. Since the 1968 legislation there have been no federal wiretaps approved for use in a murder case, none for use in an espionage case and only one that was approved for use in a kidnapping case. The "major" crime at which tapping is directed is bookmaking. The very nature of more serious crimes defies the use of laps and the economics of applying a tap lo snag a bookmaker is enough to make a Carter curse. cont'd. on page six — �OPINION 6 March 3,1977 National lobby pushes women's problems by Louise Tarantino "Sperm is thicker than water." That, according to Women's Lobby President Carol Burris, is the doctrine that men will hire any other man ralher than a woman. Focusing on discrimination problems of women in a recent presentation sponsored by the Distinguished Visitors Forum, Burris discussed resistance in Congress to issues relating to women and minorities because of inadequate representation of thosegroups in the law-making body itself. She said that since the "men in power are protected from any voice of the citizenry," they are not aware of theneeds of women and minoritiesamong their constituentsand are therefore not compelled to ' respond. Burris cited the lack of support facilities such as child carecenters and mother/child health care clinics as indicative of "Congress' unwillingness to appropriate funds for something they think women should do for themselves." Noting that woman-headed households are among the poorest families in America, Burris emphasized ih.it welfare problems are ultimately women's problems. She said that since welfare provides some level of care for women and their dependent children, it operates as a- work disincentive for women otherwise locked into the "sales, clerical,service job ghetto." Turning her attention to abortion, Burris said that Congress' approach to this issue failsbecauseabortion is not a shared experience with the lawmakers and American women. "Since members of Congress will never have abortions," she said, "they shouldn't make the decisionsabout abortion." Burris explained that proposed legislation dealing with abortion would curtail Medicaid payments for abortions and would exclude such payments from National Health Insurancebenefits. According to Burris, a Washington associate informed her that President Carter disapproved of liberal abortion laws because then there "would be no punishment for women who fornicate if abortion were easily available." She added that it was her impression that Carter searched for a Secretary of Health, Education and Welfare who shared his views on abortion and chose Joseph Califano because of, among other things, Califano's position on the issue. In closing, Burris emphasized the power of women, and voters in general, to influence Congressional action by applying pressure to local Congresspeople to support or introduce legislation remedying the plight of women. Wiretaps - cont'd from page five The average federal wiretap, according lo figures Schwartz got from the recent Church Committee report and a national Commission Wiretaps, costs from $7,000 to $20,000 to install. A state tap is on cheaper because state salaries are lower. Beyond the installation figure for a lap, its maintenance requires six people a day to monitor the device (three two-person teams with eight-hour shifts), a typist to transcribe, and agents on call if anything should break suddenly in the case. This adds an additional $15,000 to • theinstallation figure. The courts virtually rubber stamp prosecution requests for taps and grant extensions even more readily. Prosecutors enjoy using taps since juries have demonstrated a particular fascination with wiretap evidence. Schwartz concluded that taps are ineffective tools in enforcing the law. He noted that enforcement agencies like the Drug Enforcement Agency prefer not to use taps and instead employ undercover "bust and turn" strategies against drug offenders. The most essentialcontribution of taps to crime prevention is their role in the collection of intelligence on organized crime members. This too, Schwartz concluded, has been a failure as organized crime continues to flourish in America. According to Schwartz, it is the pursuit of intelligence that is the most important factor in the use of taps for "national security" purposes. The abuse of personal liberties in this area has been flagrant. The Church Committee concluded that from 1963 to 1968, when there was no legal basis for tapping, 8 room bugs and 16 hotel taps were used to bug Dr. Martin Luther King. The FBI attempted to peddle the tapes to national publications and at one point, justbefore Dr. King was to accept the Nobel Peace Prize, they used the tapes in an attempt to persuade him to commit suicide, Schwartz said. Responsibility for this lapping rests with Attorneys General of the Kennedy and Johnson Administrations. Robert Kennedy's aides claim that he never knew of the room bugs installed in pursuit of King, and Ramsey Clark maintains that he did not authorize any taps except for those traditionally installed in Embassys. All this culminated in the Nixon tapping of Morton Halperin and William Safire (tapped for national security while he worked on a welfare reform speech). Halperin has, of course, recently won a lower court suit against the Nixon White House for damages resulting from the 21-month tap he had on his telephone. Schwartz said that the Halperin case, no matter what its outcome on appeal, will not be very helpful in the way of precedent in this area. He noted that the Nixon people violated even their own internal procedures for the placing of taps and said this is what forced the court's hand. Law Review opens competition ■ Selection of associate editors for the Buffalo Law Review is made annually through a competition that requires each competitor to prepare a brief note on a recent case. Associates are then selected on the basis of this writingsample and first year grades. All first-year law students, including four-year students, who are not on academic probation at the end of their first year are eligible. A sign-up list will be available in the Review office, room 605, starting Monday, Feb. 28 and will be available throughout that week. Competitors may pick up cases and detailed competition instructions and rules at the Review office on or after Monday March 14. Competitors will have ten days to complete and return their casenotes from the time cases are picked up. All casenotes must be received by the Review by the end of the final examination period in May. Gordon accepts new position at University of Wisconsin V liy D.ivid Munro Associate professor Robert W. Gordon has accepted a faculty position at the University of Wisconsin Law School for Fall, 1977. Gordon, who was a newspaper and magazine reporter before deciding to study law at Harvard, has taught at U.B. since the fall of 1971. In a recent interview, Gordon said that he expects to continue teaching contract law, evidence, and legal history at Wisconsin. One of the main reasons he was attracted to Wisconsin was thathe will be able to work closely with Wiliard Hurst, America's "greatest living legal historian," he said. The Wisconsin faculty as a whole is noted for its interest in examining law in its social context, Gordon noted, adding, "In that sense1, the Wisconsin faculty is very similar to ours here at U.8." Gordon stressed that he was not leaving Buffalo because of any disenchantment with the school, stating that he thinks the faculty here is exceptional. In particular, he said that his experience in cooperative teaching of first-year students with Professors Katz, Lindgren, and Schlegel has been very rewarding, and probably won't happen again at Wisconsin. "The energy that we put into it, and the unique personal friendships that made it possible will be impossible to duplicate," he said. Gordon also praised the student body at the law school, saying most are as good as can be found anywhere in the country. "I'm not sure whether Wisconsin can offer as friendly or accessible a student body, either," he stated. Gordon feels that the future of the law school is very bright. "Dean Thomas Headrick is an excellent administrator," he said, "and he's very sensitive to what will be required to keep U.B. competitive with other top national law schools." "Support from the central administration is crucial." When asked about why so many faculty members seem to be leaving at once, Gordon said it was hard to generalize. "I think it's mostly coincidence," he said, noting tlyit most of the professors who don't plan to be here next year are on leave, rather than resignfng. "This has aI ways been somewhat of a 'foreign-club' school," he noted. "The faculty is closely watched by the most prestigious law'schools." Gordon saw this as being both advantageousand disadvantageous to the law school. "On the one hand, it motivates the faculty in many ways, and outstanding research and writing efforts result. But on the other hand, it leads to instability in the law school community for both faculty and In particular, Gordon stressed students," he said. the importance of ensuring a As a final note, Gordon, who is strong commitment from the U.B. a member of the faculty central administration to achieve appointments committee this the best possible academic quality year, pointed out that U.B.s here. "In the past, there has been reputation among lawyers looking some uncertainty about things joi" teaching positions is very high. like the availability of faculty "The competition is very stiff," lines, and about faculty tenure he said, "and it will continue to processes and standards," he said. be." AWLS elects leaders Classifieds Five women have been elected to act as steering committee for the Association of Women Law Students (AWLS). Claudia Allen, Candy Appleton, Sharon Osgood, Nancy Peck, and Sheryl Reich will serve six month terms. Now serving one year terms as treasurer and secretary are Eunice Johnson and Shirley Gorman. Under new leadership and with renewed enthusiasm, the organization plans an active semester. Projects include participation in TALMUDIC LAW classes are given at North Campus Chabad House every the Eighth National Conference, "Women and the Law," in Madison, Sunday afternoon at 12:30 on North Wisconsin, monitoring family court, and volunteering to act as Forest Road (behind Ellicott). A majority of the class is taw students. advocates in welfare and social security hearings. experience in Talmudic Law is Letters from the AWLS will accompany law school acceptance Previous unnecessary. Call Rabbi Greenburg at letters to all women this year in order to assure them that women do 833-8334 or come over. exist and take an activerole in this university. ROOMMATES wanted for modern Any person interested in participating in AWLS or in taking duplex apartment near Amharst advantage of these and other projects will be wholeheartedly Campus. $80+ per month includes dishwasher, disposal. Available welcomed. You can fin.d someone from the organization inroom 509, immediately..Call evenings, 691-6144. or leave a message on thatdoor. �March 3,1977 OPINION Placement programs focus Special Law Student Program in Estates The Young Lawyers of the New York State Bar Association and the Committee on Continuing Education of the State Bar will present a special program on probate and administration of estates at the Station Hilton Hotel on March 8-9, 1977, from 7-10p.m. * The program is designed to give young lawyers some practical knowledge", of and probate. The program is especially created for recent graduates and estates for second and third year law students. Among the participants are Buffalo lawyers Gordon MacLeod, Charles Milch, David Palsgraff and Robert J. Plache. The normal cost for this event is S2O; however, law students can gain admission for the two night session by filling out ,t registration form in the Placement Office and by paying $10 for the two-night session. In addition, a similar program on real estate law will be presented in April. Students who wish to attend both programs may do so by paying $15. jay Carlisle can answer any questions concerning the programs. Career Days Set for March and April The Law School PlacementOffice and the Student Placement Committee will sponsor a series of Career Days for SUNYAB law students. During the spring of 1976, over 550 law students attended Career Days which involved participation by 55 lawyers from Buffalo, Rochester, New York City and elsewhere. The U.B. Alumni Association will jointly sponsor ; with the Placement Committee special Career Days on March 14 and 18, 1977. Thereafter,.mini-career days will be held in the areas of criminal law, state and local government law, corporate law, environmental law, tax and estate planning law, labor law, judicial , clerkship law, fam.ily, lay and legal services law. , . on estates, careers, clerkships On March 4 and 18, Career Days will involve discussion of particular areas of the law and reference to the practice of law in small firms, medium-size firms, large firms, business and industry, the judiciary, and government practice on the local and stale level. Prominent Buffalo law alumni will participate in panel discussions. The participants include trie County Bar Association President Vincent Doyle, Deputy District At torncy Joseph McCarthy. Buffalo lawyer Charles Milch, and representatives from the U.S. Attorney's Office. After the March 18 seminar, a sherry reception will be held in the Faculty Lounge. All SUNYAB law students are encouraged to attend the career seminars. The seminars particularly those scheduled on March 4 and 18 will give students- an opportunity to develop a practical interest in areas of the law which they may wish to pursue. In addition, career opportunities may be discussed and students will have an opportunity to meet with successful lawyers in Buffalo and elsewhere. Sign-up sheets for participation in the mini -career days which are being coordinated by third-year student Larry Scancarelli are available in the Placement Office. First and second-year students who have an interest in assisting in the arrangement of the program and mini-career days shoufd check the list and speak with Jay Carlisle. Students should also plan to attend the special placement reception today, March 3, in the (Irs! Hour lounge at 3:00 p.m. Turn Connelly will speak, about the Placement Newsletter, Larry Scancarelli will speak about Career Days, Barry Ferlel will speak "about the annual alumni reunions, Bob Waters will discuss finances, and Jay Carlisle will discuss current activities in the Placement Office. - 7 - Title VI and IX Inactivity plagues evaluation committee Since its creation in November, 1976, a faculty committee to deal wilh sex and racial discrimination issues within the law school has been seeking student members. According to committee member, Professor Jacob Hyman, the committee has twice contacted Student Bar Association president Barry Fertel, once last November and again in February, to advise him of the need for student participation. Hyman noted that Ferlcl had apparently posted a notice, but to date only one law student, first year student Lynn Edelman, has attended committee function. The Committee, entitled, the Self-Evaluation Committee, was charged in November with the task of evaluating the school's "current policies and practices, and the effects thereof, with respect to admission and treatment of students, and employment of both academic and non-academic personnel." The Committee's primary purpose is to insure that the law school does not discriminate on the basis of sex or race. This type of self-evaluation establishes whether or not the school is complying with requirements of Title IX of the Education Amendments of 1972 (20USCRI681 el seq.) and Tille VI of the Civil Rights Act of 1964 (42 USC R2000d). According to a memorandum to the faculty dated November 2, 1976, entitled "Charge for Title VI and IX Self-Evaluation Committee," "When the Committee identifies a practice or policy which is actually or potentially, sexually or racially discriminatory, it shall recommend to the dean or to the faculty that the practice or policy be modified and that appropriate remedial steps be taken to eliminate the effects of any discrimination which resulted or may have resulted from the policy or practice." Affirmative action programs are*also to be considered by the committee. Prior to the establishment of the Committee, Assistant Professor Richard Bell, as leader of a faculty "team," studied the law school's compliance with Title IX. His team completed its work and filedits report in May, 1976. In reaction to that report, Assistant Professor Grace Blumberg submitted suggestions to the faculty for areas which ought to be further explored. These suggestions included admissions policies, especially relating to discretionary admits, and transfer students; the absence of opportunities for part-time law study, and the process of appointment to the law faculty. In addition to Hyman, present faculty members of the Self-Evaluation Committee include Richard Bell, Grace Blumberg 2nd Dannye Holley. Hyman noted that there is usually an equal representation by students on such committees, so three more students are needed. The Committee wilt meet according to the amount of work it is given. At this point, Hyman observed, it is too soon to describe what the committee does sinceit is still forming. He mentioned tha.t there have been several issues discussed with him which the Committee expects to explore as soon as the proposals are presented in a detailed, writtenrequest. » The Placement Committee met recently and copies of the minutes describing placement activities for this spring are available for review in' the presently serving as clerks with state and federal judges, lawyers who have previously served as clerks with state and federal judges .md are now in privatepractice, and Placement Office. Professor Howard Mann third year students who have recently will serve as Faculty Advisor to the obtained clerkships. The purpose of the Committee and the Hon. William Regan seminar will he to give second year will sctve as Alumni Advisor. students (graduates of 1978) information on (I) filing of application and resume for clerkships, (2) time limitations for ludicial Clerkships for the Fall of 1978 submitting material, (3) proper Students of the Law School have been interviewing techniques, (4) information as remarkably successful in obtaining a large to the advantages and disadvantages of a number of judicial clerkships with state clerkship, and (5) other and federal judges. In order to continue the for one to know who seeksmaterial essential a clerkship. momentum, the Placement Office will A question and answer period will present a special ludicial Clerkship seminar lollow and a short reception afterwards on Friday, March 11, 1977, at 3:00 p.m. in will be held in the Faculty Lounge to Room 107. Participating in the seminar permit informal contact second Will be Law School professors, lawyers year students and membersbetweenpanel. of the City extends tax payment until legal action is settled by Ron I:skin Iho City of Buffalo has informally agreed lo give an extension for those who cannot allortl lo pay ihc controversial Occupancy Tax until legal action challenging the tax is completed, according to George Cownic of Neighborhood Legal Services of Buffalo, Inc. Cownic has joined the efforts of Larry Faulkner, and Olncy Clove of the Counseling loi ilk- Elderly project, and filed a complaint in Slate Supreme Court alleging eleven causes of aclion against Mayor Stanley Makowski in his capacity as Mayor of Buffalo. These causes of action allege that the tax violates equalprotection, and due process, as well as specific statutory and regulatory provisions in New York and federal law. The plaintiffs moved for a preliminary injunction before Justice Roger Cook. However, according to Cownic, the way the city's counsel, Stanley Moskal, presented ihe law before the court, it would be unnecessary to enjoin enforcement of the tax: "Moskal stated thai the cily would grant an extension for those people who could not pay I Ik* lax," Cownic told Opinion recently. "The ordinance did not give us this assurance, so we offered to withdraw the motion in exchange for a consent order. Moskal refused to give us this. However, his guarantee made before Justice Cook in open court should deter the city's future enforcement efforts against poor people for the duration of the lawsuit," Cownic said, adding that such extensions must be requested in writing from the city treasurer. At this writing, a motion is pending by the cily for dismissal of theaction based on the plaintiffs' alleged failure lo slate a claim, their supposed failure to give adequate notice and post bond as required by the General Municipal Law, and their failure to exhaustavailable and appropriate administrative remedies. A ruling is expected shortly. Buffalo's"Common Council enacted the tax Aug. 13, 1976. It is lo be collected from every household unit, be it an individual or a family, occupyingpremises in the Cily of Buffalo.'The amount of th'al lax ranges from $8 lo $12 a year, depending on the assessed value of the dwelling which that household unit occupies. Almost immediately, the Legal Counseling for the Elderly program as well as several community groups set their sights on the tax. They regard il as regressive, imposing excessive and onerous responsibility on people with fixed incomes. The occupancy tax was passed with a limited purpose. Il was not passed to flow into the city's general treasury, but merely to absorb the deficit from the Buffalo Municipal Housing Authority. This purpose was moreover limited by state law, since the only authority supporting its levy was contained in the Public Housing Law (section 110), permitting a tax on occupancy to provide funds for public housing. The deadline for payment of the tax was originally to have been Jan. 31, but the time for payment was, due to late billing, postponed a month. If thisdeadline is not met, ihcn a penally of 5% is tacked onto the assessment. The method of payment is somewhat complex unless ihc occupant owns the house he or she lives in. The owner of the house, the one who pays the tax, is billed an amount commensurate with the property's assessment. The landlord collects the occupancy tax from his or her tenants. Since Ihe tax is levied on familiesas units and unrelated individuals(like roommates) as unils, the landlord must dclerminc who is living together as a family and who is cohabiting as separate individuals. A two-person family pays one tax, but two people living together do not constitute a family, and pay two taxes. If the tenant does not pay the lax, then the law permits the owner "the same rights in respect lo collecting such tax ... (as) such renl which comes due and owing at the time such lax shall come due and owing." In olhcr words, il appears that the landlord can bring a summary proceedingagainst tenants who refuse lo pay the tax, in order to recover that amount, as he could for non-paymeni of rentIn addition, the city can proceed against "any person (who) shall fail to pay any tax or part thereof." There have been no known actions instituted at this time for the recovery of ihe occupancy tax, either by a landlord or by the city. It is likewise not clear at this time whether the city intends to proceed againsl landlordswho fail to pay the tax for their tenants, or directly againsl those tenants themselves. Resumes typeset Professionally done Free consultation Pickup &delivery at law school $15 for 100 copies Call Nick, 886-2759 npni IKJCTO Fl CO UIVII «*> �March 3,1977 OPINION 8 Here at the western new yorker... The sudden dearth of faculty for next year has led to a rush of recruiting, and of some very odd applicants. Barry Lillis, meteorologist and closet Slavic linguist, was at the Law School recently, and we sat in on the meeting'of the Appointments Committee where Lillis described the form his Evidence course would take. "Hearsay" would be quite transformed. Rather than being the exception, it would be the rule. "Look at the success we've had in predicting the weather, all based on pure rumor," Mr. Lillis offered, seemingly at home. Gordon was heard to mumble something about having heard it was done by mid-Mesopotamic divination. Lee Albert, Chairman of the Committee said, "Oh, surely not," and Jan Lindgren wondered if rumors could be sounded in tort and then asked him for his recipe for Snow Pudding. Mr. Lillis was not deterred and moved on to "impeachment of the witness." Prior inconsistent behavior is, to the meteorologist, merely the change in seasons and nothing to comment upon. Indeed, the whole doctrine of criminal record is irrelevant: in the weather, all that's passed is prologue. "Spontaneous exclamations" are the bane of weathermen, however, and they frequently just choose to ignore them. As Mr. Lillis saw it, "If it rains and you didn'l call it, why mention the obvious?" The "Best evidence" to the weatherman is looking out the window, seeing is believing, and there is nothing more useless than a phenomenon which who occurred while you were inside cares later? Qualifying witnesses is just a simple whether they know to come in out lest of the rain but Mr. Lillis admitted that personally had no use for expert he witnesses who just talk, talk, talk about the weather but never do anything about it.* - Faculty .. but Homburger never received a definite committment for next year. Meanwhile, he said that he had received offers from several other schools including Pace. "The opportunity offered me to work for a fledgling school appears challenging and since it was getting very late in the year, I accepted the offer," Homburger sard. "I am pleased to be able to contribute my services to Pace, although I regret very much severing my ties with this school which I have served longer than a quarter century." Homburger joined UB as a part-time professor in 1949 while in private practice downtown. He became a full-time faculty member in 1962. "1 was disappointed the mechanics for arranging for an extension were so complicated I finally threw up my hands. I fully recognize our dean did all in his power ..." he said. While library conditions were also a factor in his decision, his principal reason for leaving was "that I was not yet at the point I wish to retire and matters did not jell in time." Homburger said that if he had had a satisfactory offer from Buffalo at a reasonable time he would not have considered leaving. MARY KAY KANE, assistant professor in civil procedure, conflicts and remedies: has accepted an associate professorship at Hastings Law School in San Francisco, as previously repotted. JASON KARP, lecturer And supervising attorney in the Lawyer Client Clinic: is finishing his third year at Buffalo. He had a two year contract and. a one-year extension. Karp said he will not be back at the clinic. He has nol yet made definite plans for next year. MARTIN E. LYBECKER, visiting associate professor in corporations, securities regs. and business planning: has accepted a one year visiting professorship at Duke University Law School in North Carolina. Lybecker will be on leave from shareholder's derivative actions, where he There were no primary heroic acts for had heard that though shareholders are lawyers to do during the twelve day siege. easily snowed, when it rained for them, it Oh, one could go out and direct traffic, but really poured. one doesn't need seven years of NYHEAC *Sorry, Mark Twain, but I couldn't resist. loans for that. There is the organization of testimonial dinners for the' snowmobilers, *** * * The recent snow storm has made us but that's secondary heroic-borderline realize what a distinctly inactionable altruistic at best. Going down to City position a lawyer is in during such an Court and watching driving ban violators occurrence. There is virtuallynothing for an getting arraigned is interesting, but attorney to do during the actual emergency probably hasn't got much precedential situation. (One of our friendshas suggested value. setting up a quickie will service, but there's Of course, the storm has brought a real-problem of access, and who knows if Federal funds and the coincidental rise in any of the proposed heirs will be around Buffalo's municipal bond rating. Unfortunately, there just aren't going to be when the smoke, (or here, snow) clears?) During a 72-hour snow storm, an any old widows hanging out of their earthquake, or any other natural disaster, windows telling Sheila Murphy that 'Yes, the state literally whithers. When it's Man and if it hadn't been for setting v. StalledVolvo, Man v. Snow Drift, Man v. up the deal for Buffalo's new sewage Towering Inferno, or Man v. Two Minute treatment plant why I'd be dead for sure." Warning, no amount of administrative We have been buying moderattly application, newer equal protection or even heavily in .4-wheel drive vehicles and in extraordinary writs are going to do those consumable snow shovels that really anything. It's every person pro se, and res went during the afterglow of the storm, ipsa loquitor. There's no res judicata, so to but isn't that just the lawyerly thing to do? speak, no society between the individual and the reality, and lawyers are social. -S. Rekh . --- — The exclusionary rule has no place whatsoever in Mr. Lillis' scheme of things. Any and all information is used from the Farmer's Almanac to wart movements, from star ga/ing to watching trick limbs and mooing cows: Lillis clearly favors'the Griffiths-Kalz wholistic rather than an episodic approach to his subject. The members of the Committee thanked him for coming. Albert advised him that in the end it really wasn't important what the weather did as long as it was consistent. Gordon said that he personally had no use for the weather because you could never get it to sit down and negotiate, and with the high price of litigation, well Lindgren of course was really pleased to finally meet someone who was in touch with the weather. With all those tort actions settling causation on the weather she thought she'd finally find out where to serve those complaints. just before he left the interview, Mr. Lillis suggested that if there was no place for him in "evidence" then he'd be glad to get into the corporate field, particularly ' . .. SUNYAB Law School Committee on State and Local Government's first conferenceof the year was held Friday, Feb. 25 in the Moot Court Room. Mario Cuomo, New York State Secretary of State, was scheduled to attend the conference, but was unable to land in Buffalo airport because of high winds. Panel participants included (reft to right): James Magavern, former Erie County Attorney; Edward Rogowski, professor at N.Y. College, CUNY; Professor Jacob Hyman, tont'd. from page onu member State and Local GovernmentCommittee; and Robert Marshlow, municipal bond attorney. Not pictured is panelist Myra Stuart, Assistant Erie County Attorney. Buffalo. His visit at Duke will be a.! The major topic of the ronference was the question of the need for a N.Y. Constitutional "look-see" for both Lybeckcr and Duke. I Convention in 1978, which will be voted upon by referendum in November of this year. "Duke has had a long time fellow famous I in corporations, F. Hodge O'Neal. They are looking seriously for a person to lake his place," Lybeckcr said. He declined to go into his reasons for going to Duke. MICHAEL TIGAR, part-time visiting lecturer in criminal procedure: said he was not approached about another one year appointment. He added he would not have been interested in any event, because the Two professors who will commuting from Washington, D.C. had return: Herman Schwartz, proved to be too much. right; andKenneth Joyce, Another faculty member is believed to below. be considering" taking a leave next year, however he could not be reached for comment at press time. In addition, MARC GALANTER, processor of law and social change, said he does not know his plans for next year yet. He said he had^madc "no commitment to be anywhere else |than ÜB|." He declined to elaborate. And MICHAEL DAVIDSON a clinical associate professor, is finishing a three-year appointment this year. He said he has been offered another one year appointment at Buffalo, but he has not decided whether to accept it. Davidson said eventually he "will probably go back to some sort of practice" in government or at a private law firm, but he did not preclude the possibility of leaching at another law school. Two olncr professors, KENNETH JOYCE and HERMAN SCHWARTZ denied rumors that they arc leaving. Joyce, a tax professor, said he has "no plans to be any place but Buffalo." Joyce said he has no offers and is not consideiing^-inyihing. Joyce did have an offer to visit this semester at Miami, but he said he did not go because of his wife's career here in Buffalo. Schwartz, a professor in criminal procedure, also said that he had no plans to leave. — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-03-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/3/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b1ac38c0f931312b081f3dbca7b4eb8a.pdf cce77f3ea2848952630c408ccabff23e PDF Text Text Opinion Non-Profil Organization US. Postage PAID Buffalo. New York Permit No. 708 Buffalo. New York 14260 State University of New York at Buffalo School of Law Volume 17, Number 7 Proposed budget includes funds for law students by Connie Farley State University Supplemental Tuition Award (SUSTA) funds earmarked for law students are included in the proposed State University of New York 1977-78 budget but there is no guarantee that they will stay there, according to financial aid officials. The same amount appropriated for law students' SUSTA this year $237,000 is being requested by SUNY Centraland included in the governor's budget for next year. The final decision on what items will be approved probably will be made by the state legislature sometime in late March, Martin Lefkowitz, coordinator of financial aid services at SUNY Central told the Opinion Friday. This year, SUSTA and the state's Tuition Assistance Program (TAP) combined are paying about $1,450 of the $2,000 law school tuition bill for between 160 and 170 law students who are state residents and whose net annual income is less than $2,000. In previous years, SUSTA paid full tuition for students who met those criteria, but last spring, when the state was in the throes of a financialemergency, the program was first eliminated from the budget, and finally restored in a scaled-downversion. The precise amounts paid this year are not yet available because only students who qualify for the full $600 per year TAP get the cont'd. on page four - Opinion John Lord O'Brian Hall SUNY/B, North Campus - — Sec. of State Cuomo heads law panel on government Mario M. Cuomo, New York's will be the a conference on local government and the state Constitution at 10 a.m. Friday, Feb. 25 in the law school Moot Court Room. Cuomo and six other panelists will discuss the Ii m i tations placed on local governments by the state Constitution and the problems thoselimitations cause. The conference, open to law school students and faculty, is sponsored by the' State and Local Government Law Program at the law school. It is the first of a series of workshops and meetings, and is part of the Program's continuing effort to bring together law students, local officials and municipal attorneys to discuss recent developments in state and local governmentlaw. On the panel with Cuomo will be: Robert W. Marshlow of the New York City law firm of Willkie, Farr and Gallagher; Prof. Arch T. Dotson of the Cornell University Department of Government and staff director of the Intergovernmental Relations Committee of the 1967 New York Constitutional Convention; William E. Straub, Erie County Attorney; Myra Stuart, assistant Erie County attorney; Edward T. Rogowski, assistant professor of political science at York College of CUNY; and James L. Magavern, former Erie County Attorney and an adjunct professor of law at SUNYAB Law School. February 17, 1977 Hastings gets youth; UB loses super prof Assistant professor Mary Kay Kane has accepted an associate professorship at Hastings Law School in San Francisco for Fall, 1977. Kane expects to teach Civil Procedure, Conflicts and Remedies at hernew post. A 1971 graduate of University of Michigan Law School, Kane worked on a National Science Foundation Project at Harvard Law for three years before coming to Buffalo. She has been on the SUNYAB Law School faculty for three years. In a recent interview, Kane said that she anticipates larger classes During the Spring 1976 said that her close association at Hastings than she taught here at semester she spent at Hastings, she with Homburger was one of the Buffalo." found working with the older things she enjoyed most. Noting She also explained that, unlike faculty very exciting, Kane said. that the faculty at Buffalo is one SUNYAB Law School professors, She explained thatsince many of of its biggest assets, Kane most of the Hastings faculty are the faculty members had already explained that her relationships over 65 years old. Hastings has made reputations for themselves with all her colleagues made the tried toattract well-known figures in their fields, they were less time ( decision to accept the Hastings who have completed the most pressured and able to spend more position difficult. active part of their careers, but time with students and other ■In response to a question who are still interested in faculty members. teaching, Kane said. Kane compared working with regarding her interests in law The present Hastings faculty the faculty at Hastings to working other, than teaching, Kane includes suchindividuals as Roger with Professor Hornburger, explained that she might Jake a Traynor and William Lockhardi. explaining how the contact with year away from teaching to According to Kane, Hastings is people of so much experience and practice in order to keep in attempting to achieve a better knowledge could be of contact with the more practical balance between older and tremendous value to a younger aspects of the field. She emphasized, however, that younger faculty by inviting a faculty member. In considering her three years teaching as well as research and greater number of young school. professors to the at SUNYAB Law School, Kane writing are her primary interests. , secretary of state, featured panelist at Administration addresses allegations of cheating on exams by Cuomo, a cum laude graduate of St. John's University School of Law, was appointed Secretary of State by Gov. Carey on Jan. 1, 1975. In addition to sponsoring its Feb. 25 conference, the Stateand Local Government Law Program at the law school has several aims, including providing full curriculum in state and local government and offering a series of publications for state and local lawmakersand practitioners. The Program has tentatively scheduled a conference on real property tax assessment for mid-March, according to David Deutsch, a third-year law student and co-chairperson of the Program board. Deutsch added that students interested in learning more about the Program are invited to stop in Room 41 2, O'Brian Hall. Robert Selcov Amid allegations of cheating on last semester's final examinations, the Law School's administration jy\undertaking a study of ways in which to eliminate cheating in the future. At least two students in Prof. George Zimmerman's fall semester Corporations class have made complaints about cheating on the December exam. Students were permitted to bring only a copy of the New York Business Corporation Law with them to the exam, but according to the complainants, several students wrote extensive notes inside their BCL book for use during the exam. Professor Zimmerman confirmed last week that he had received the complaints attached to bluebooks. Dean Thomas Headrick said that whilehe does not know how serious the problem is in general, plans are currently being analyzed that would minimize cheating and the opportunity for it. The Dean said that the existence of a problem in this area was brought to his attention soon after his arrival in Buffalo last fall. After conversations with various personnel at the Law School, he realized that some changes would be necessary in order to improve security on exams. Associate Dean Barry Boyer has developed a preliminary proposal of possible actions which could be taken to cut down on cheating. His suggestions include direct faculty monitoring of exams and premitting students to discuss take home exams, with grading based upon the assumption that it has taken place. This plan has not yet been evaluated by the Dean and Associate Dean Boyer. The Dean said that any plan would have to be fully discussed and thought through before being presented to the Academic Policy and Programming Committee for adoption. In addition, the plan would first be tested for administrative practicality. He any proposal should not interfere with the faculty's discretion to determine the form stated that of examination in their courses. The Dean said that he was not fully satisfied with the proposal's suggestion that discussion of take home exams be allowed. He stated that this results in very similar papers being submitted with grading based upon style and writing ability. Although such examinations may be good learning experiences, they do not serve their function of sorting students out according to their ability to recognize and work with the issues involved. Faculty monitoring of exams is aimed at eliminating the students1 ability to bring unauthorized material with them to examinations. This would be especially effective when a limited open book exam is given in which only specified materials are permitted to be used as references. — cont'd. on page four �February 17, 1977 OPINION 2 Editorial "Ihe uncertain future of the Slate University Supplemental Tuition Award (SUSTA) should be of concern to everyone al the law school; For those committed to providing a legal education lo students regardless of their financial slams, the possible loss ol the funds threatens to change the make-up of the student hotly from middle d\M.\ lower class group, lo a more privileged for those interested in academic prestige, ihe reduction in ihe si/.c of ihe pool of students who can afford to attend SUNYAB Law School may mean fewer bright sludents lo choose I rum; Finally, for the students who could still manage to stay in law school without SUSTA, il would mean longer hours at outside jobs, larger loans (for those whose loan ceilings have nut already been exceeded) and more financial strain on families. A frantic last-minute lobbying effort in Albany got the SUSTA funds restored when they were cut from the slate budget last spring. Thai effort was organized by a group of inleresled students who ultimately received help from the administration and the Student Bar Association. This year, we hope the job won't be left lo anyone who is willing lo take il on. The SBA is the logical group to represent the students to the SUNY officials who make up the proposed budget and to the legislators who must approve ii. Some additional clout from the administration will also be helpful. And now, while the budget is in ihe planning stages, is ihe lime lo start. BLP researches bail and tax topics Buffalo Legislation Project has recent Iv. announced Ms spring semester projects. Gall Heppcll will edit a projecl I'm the Assembh Codes The Student Bar Association is sponsoring a production of Gilbert and Sullivan's "Trial By Jury." Scheduled for performance April 22, the operetta will require about two hours per week ofrehearsal, either Wednesday afternoons or Sundays. Women and men are still needed for chorus parts. Faculty, staff and students interested in participating should sign the list on the SBA door immediately. Pictured at a preliminary cast meeting are, (I. to r.): Alan Gcrstman, Madeline Bernstein, Jim Hohensee, Andrea Edell; sealed: Andy Cosentino. "Trial By Jury," written by Gilbert and Sullivan in the 1870's is the comic rendition in song of a trial for breach of promise to marry. Thereis no spoken dialog and the entire operetta is set in a courtroom. The SBA hopes to open the performance to the general public, charge a small admission and donate the proceeds to the library. The President's Corner Whilt ever happened to lhal old school spirit? What UB Law School lacks more than anything else is ,1 feeling h\ iis students thai lhe\ belong. Instead, alienation is ihe norm .wui a general feeling ol Hue coniraderle is ihe exception. Grab ted we law students do lee! an affinity lo? each oilier; alter all, misery lo\es coinp,in\. ■ Neu'iihek'ss. the student hod\ is relatively small, and therefore some sort of espirit de corps should exist, foil often, we hitch ahoin our slay 111 law school, how the sooner we gel out, thebetter off we are. Well, although law school m,i\ vers well he one ol the least enjoyable experiences we will encounter, ihe school environment could siill he made lhal much more tolerable. Ihe potnl is that out relationship amongst ourselves is oriented almost lotalh around ihe academic sphere of ihe school, namely, ihe I. VAV. Il would be so much more pleasani II students could become acquainted with each othei a\k\ with faculty members on a non-academic basis, tor instance, ihe school could institute some kind of annual event where everyone, students, faculty Ani\ staff, would get together and Rj\ Cerrcla will Committee. Project members Beverh lacklln work wilh her to draft legislalion lo revise the bail laws. Ihe project results from an analysis of the current status ol hail law, a s'uuK'ol alternatives to ihe moncv bail system BI.P completed foi thai committee last semester, and the leslimom ihe projecl members gave at a public hearing on bail reform last November, BI.P is continuing a projecl for ihe Corporation Counsel, C\ nihia Weaver will work with Paul Meyer and John Suda lo revise certain cit\ ordinances to comply wilh the requirements of the fti'sl amendnieni. Becky Mitchell will assist Ldilor Larl Robinson in a projecl requested by the New York Stale Consumer Protection Board. I'hey will update and annotate the New York Stale Consumer Law Handbook to reflect changing legislalion. Ihe Stale Commission on Judicial Conduct has requested assistance from BLP in drafting an amendmeni lo theNew York Stale ihe |udietary to retain Constitution designed to permit the Court jurisdiction over judges after ihe Court has convened, but before charges of misconduct have officially been made. Such ,m amendmeni would allow the Court to continue ils investigation and complete proceedings lo liar a Judge from holding public office in the future. Barry Osier will edit this projecl and work wilh members Larry Aickcrman and Craig |ohnson. Alan Gerslman m~o.\ members Leslie Carron and Kirn Hunter a 1.■ assisting ihe .Assembly Program and Committee Staff in ,m effort to minimi/c conflicts ol interest in ihe operation of hall*wa\ houses by employees ol the Department of.Mental Hygiene. The Schwab Memorial Award Ldilor John Arpey will work, for Assemblyman Ronald I ills to review existing studiesof tax incentives designed to slow Ihe eyodus of l.ssay Contest is conducted each year by the Section of I amily industry from Western New York. Members have nol yel been assigned Law ol the American Bar to ibis projecl. BLP is presenting a seminar wilh Librarian Karen Smith I rid'ay, Association. The subject is any of family law, aspect the I eh. IS, lo acquaint members wilh the resources ol the Documents contest is open lo all law and sludents Libi.nv. Ihe lime lor the seminar will he posted in ihe BLP office. in ihe second anil (bird years of all ABA-approved law schools, February 17,1977 OPINION Vol. 17, No. 7 and to those first-year sludenls Editors: Cornelia Farley enrolled in some schools where Tanis Rcid the subject of family lawis pari of Louise Tarantino Ihe first-year curriculum. Photo Editor: Nancy Mulloy Business Manager: Steve Errante Ltitry blanks may he secured Sialf: |.in Barher, Bnh Ciamlella, Andy Coseiitini), Tcil Flrelqjt, Jeff Granal, from ihe family Law Section, Betky Mitchell, David Munro, (van (ira/iani. |o«l H.xkeil, Kirn Hunter, ABA, 1155 L. f.Olh Street, Slwrun Osgood, John Privitcij, Dave Kittonhiiu.se, Dean Silvers, John ptlhstft., Patrick Stcllato Chicago, Illinois, 60637. Closing An: Kastle Brill, Dan O'Brien dale for entries is April 18, 1977. Hmhmrapliy: Frank Carroll Some descriptive informalion is Coiriiibiitiiins: Slicryl Reich available in Mr. Canfield's office topviwiii I",";..!)!!!!.!.)!!, SH-V \nv lepuhlkalion ul maleiiaK heiejn is or Ms. Consiglio's. l.illlois, sliiLllv' piohilMted ttliliirtii tin- expiess wltiicn loilonsenl ol life v.iiatlun>, duiinit Mw Opinion is plifillsfteil r\en Iwo weeks, except .K.iilfiiiit \ t .it. Ii is the siiitlnit ru-wspapei ol ihe State lJiiiu-isii\ ol Nes . , I aw, SUNYAH Ainhml C..nii|.iis, 1in11.i1... N.Y. views espies*-.! i" iHh MW ■»« m ru'U'ssaiil\ l|]use ol iliu non-pu>Nl oiHani/alioit, Si-.il ol Opinion. Opinion is diloiral |i<ilio ol Opinion is ttllss postal' i-ihried il llnttalo, NA .liiciHiini-il (olJeidiveh U\ llie i ditoii.il Hoaidi Opinion is Itimlvtl \t\ SUA limiii -.lLiJ.nl law I f.s. ( iiMlloii: lJoueisii\ Prew al BtHlalo. Smk ,ti 'HutLito Vctrool ol I tjf.o.I lit I Jiiuii.a Ho.nd oi in.,,1 I " simply have a good i lime simultaneously drinkalcohol. by Barry Fcrtel without having to This semester could mark the beginning of such a tradition al UB Law School. Alan Gcrstman, a director of the SBA, is presently organizing a production of Gilbert and Sullivan's Trial by Jury, a one-aei opera which makes an enjoyable mockery of a trial. Ihe entire production would cosl less than MOO, while I would think thai ihe resulting benefits would be worthwhile. Students would interact in this frolic solely for the fun of il, not for an "H", noi for An) award, not for any "brownie points," and nol even for a job. Hopefully, faculty and staff will also participate. The only problem is whether sludents will gel up off their Hal behinds and take part. Who knows? Ihere might be other such social will help lo make law school just that much more tolerable. We might even have a "roast" ol our lovable faculty by students (as many law schools presently engage in) where students put on a set ol skits mocking various famous membersof the faculty. It's about time lhal this school's constituents, faculty and students alike, got together and hail some fun. events which BAdminstrave ulletins Howard University Law School) is designed lo enable a minority group member to prepare himself or herself for a law leaching career, and at the same time re n del" so m c assisiance to minority law students, He or she may he presently a third-year law student,,or someone who has been out of school for a while. Ihe position has a 2-year lenure, with (I) half the lime of each year devoted toward acquisition of an LL.M. degree, and (2) half ihe lime assisting or advising minority law students with ihe possibility of gaining some experience in formal law leaching, I wo I cllows will he selected. Candidates must be Black, Chicano, Puerto Ric.in, or Native American, ,m<.\ have a distinguished law school report), Ihe llaslie I ellowship, named 101 further information please alter ihe lale |mlge William 11. see Mi. Canlield tft Ms. Consiglio. llaslie (former Chief Judge ol ihe Third Circuit, anil tormer Dean, Law sludenls who regard themselves as matriculants, or as prospective malriculars, in a joint degree program, should contact Mr. Allan Canficld, Assistant to Ihe Dean, as soon as possible, room 311 O'Brian, or telephone 636-2057. * + * A special parkin); spot for disabled students and faculty is operative in ihe Flint Lot, to the Wesl of Ihe Law Building, near lite Hag pules. Sludenls or lacully members who wish lo have a parking permit may obtain Sine from Campus Police, Winspe.u Avenue, if they have a medical note certifying their disahililv. Students and lacully who park in ihe spo's marked for disabled parking run Ihe risk ol having their cars lowed away. A 525.00 line is levied. �February 17, 1977 OPINION 3 Another Buffalo snow job from nature and the press . by Dean Silvers "... Do nol go gentle into that good[light, Rage, rage, against the dying ut ihe light. ." Dylan Thomas Lasl week old man Winter and mother nature combined forces lo wreak havoc upon the children of Buffalo, bringing a stale of siege upon its defenses in this City kindly referred lo as the "Miami of the Norlh." Initially what hit us (besides Ihc snow and wind) was ihe fact that amidst modern technology and all the advances of modem man, Ihe grandeur, splendor and raw power of.nalurc will always remain supreme. After this piece of "philosophical-perspective realization," and seven days of snow, I noticed the development of a curious and strange phenomenon. It seemed that the newscasters' stories of the increasing poor weather conditions. In other wouls, although the weather was getting belter, you wouldhave never known il if you slaved indoors anil Such implications are awesome, and all signs point to an increasing dependence watched the news. upon the media, Irom ihe Granted, the weather was alrocious, crippling New York's economy, and putlinß 'create a Spanish-American lime William Randolph Hearst ordered Joseph Pulitzer to Buffalo in a "deep freeze." Il also deserved Ihe major disasler area funds ii linally lived In ihis "sword," a\u\ conflict wilh his trusty camera and pen, we in America have indeed, we might jusl die by ihis "sword." In a recent movie received. But with the obvious clearing of ihc conditions, why did we still receive this aboul Setiaio, |oc McCarthy, ihc 'Icummunisl-fighler" of ihe fifties, we saw how continuous "snow job"by Ihc newscasters? McCarthy reall/ed Ihe existence ol this great power source. He molded it, preyed upon ii Buffalo is said to be one of the most political cities in this country. Perhaps ihe and eveniuallv became a pan ol il, and hand-in-hand they created one of the darkest media's actions were purely politically motivated by ihc cily government in order to events in American history. receive those desparately needed federal funds. Or perhaps il is pail of modem man's Il is an continued "need to suffer," to achieve a living-martyrdom amidst ihc frustration and totalitarianism, ever increasing bailie of personal liberty versus "technological and lesi we end up like cili/ens in a Kafkacsque society we banality of his modern-day alienations and living conditions lhal make maintained this false ourselves aware. When asked at ,he end of ihe |oe McCarthy movie, "couldmust it happen sense of disaster in Ihe face of the calming weather conditions. again? the.response was, "Hasn't il?" or perhaps more aptly, "Won't It?" whether the media reports were accurate or not is not the major point. Il However^ just illuminates the real and dangerous situation lh.il has befallen us in this technological age. The mass media has enormous power; this is obvious. President Carter sends millions in federal aid to an area of New York he has nol even seen in person, but knows by Tanis Reid from 45-second reports of the national news, and a one-day visit by expert "weather advisor" Chip Carter,his son. Ask a media person why he overplays ihe situation, and he or she will an'swei We'd had j jpHfcl deal ul snow un ITiursdayl So classes were cancotfeil for rrtday.quickly. They were sent up from New York Cily lo report on the wealhVr I rational Hut I riday morning was clear, eyen sunny, and alter bad weather had already pul us audience. Audiences are kepi by maintaining iheir interests. II the\ were lo show scenes behind schedule un the newspaper, I inought I'd lake advantage of Ihe day off hum of a serene Buffalo il would nol hold Ihc audience's attention and Ihe reporter would be school lo calch up on Ihe newspaper work. out of a job. Logically, they must report or even mate excitement just lo keep iheir jobs. I didn't really see ihe snow begin lhal day. There weren't very many windows in And ihe effect js that reality is Icfl wailing, suhservicnl lo the needs and desires of ihe Ihe huilding,l really didn't look up from ihe typewriter until the middleof theafternoon media. when a maintenance engineer walked into my.office wilh a."Whal arc you doing here?" The media has enormous powers lo change perceptions. It is, unwittingly or not, I was sitting <ii .1 typewriter, I mean, it was alnio&t 100 obvious to explain and I the greatest tool of propaganda we have in society. This is evidenced in many fashions. didn'l have in because before I gof a chance to say anything, he asked another question. When insurgents topple a government, ihe first Ihing Ihey do is take conlrol ol the mass "Haven't you looked outside? We're having a terrible storm. Hlly-mile-an-hour winds. media; whenever a leader wishes lo suppress his or her opposition he or she will censor You'll never gel out of here now. If you try, you'll probably free/4 to death. Sixty the mass media outletsand the list goes on and on. degrees below out there." He had a little screwdriver in his hand. "I have to turn your In the media Ihcrc exists a vague and obscure distinction between reality and heat down," he said,and then loft. fantasy. Whether something is fact or fiction is unimporl.ini, for when il is seen on the I nut out .1 bobby pin that looked a little like his screwdriver to see if maybe I could "National News," and lold lo us by Walter Cronkilc (who, incidenlally, in a recent poll, turn the heal back up. No good. AlthoughI didn't realize it .it the time, the lhermosl.il was chosen Ihe most respected and admired person in America), il ht'amh'\ fact! ..was a good example of how well insulated the building was against the vandalism of its inmates. Next, I looked mil the window, or at least I tried lo look out the window. Through the little ol ihe glass thai was not covered wilh frozen ice, all I could see was while, bin I could hear the wind Wowing. My mind is well-adjusted to white noise, so I July5 May 25 SUMMER SESSION came away from the window and returned 10 my typewriter. I It was late in the evening when the maintenance engineer returned to my office. I NUMMM was tired of typing .mil cold. I had called the house, but the folks there were NAME OFCOURSE CREDITS FACULTY sympathetically apologetic. No, I'd have to slay here. The engineer told me lhal someone Dean Monroe Frecdman Fcgal Ethics I had brought us some food. When I got to the fourth floor lounge, I discovered lhal "us" 3 Prof. Aaron Twer.ki ConlliclofL.ws HfIFSTRA I ■yJ 1 OJ. JCV.TY Evidence 4 Prof. Abraham Ordover included aboul forty men a\u\ one other woman. In the group there were one law Family Ln 3 Prof. John Gregory reviewer and two students studying for ihe bar; the others were not students. Filler Prof. Individual Income Tlx 4 Smart /AW I don't know wh\ really, but I feh uncomfortable in the lounge. Maybe it was 3 Prof. John Gregory lull Issues In Public ■IM-/-j rr* * because Ihe room was 100 small for lhal main people. Or maybe because there was this ISC^jHOOL Real Estate Transactions 3 Prof. Herman Hiliman tension in the room. Some people were saying lhal this was lo go on for hours, even days. Remedies 3 Prof. Malachy Mahon Others just sat there quietly, doing and saying nothing. I decided to walk thehalls. Secured Transactions 3 Prof. Malachy Mahon Ihe wind was slill howling and pounding snow against the window.I rom what I Commercial Paper 3 Prof. Alan Resnick Criminal Procedure I 3 Prof. Leon Friedman could see under ihe campus tights, the land in front of ihc building looked like ihe 3 Prof. Ronald Silverman Land Uv Plannini OWTlWier Russian Tundra in Doctor ZhlvQtfo. Perhaps all Ibis would he worth it, il there was a Business Or|anliallons 4 Prof. Jan Deutsch proton™. chance Omar Sharif would come riding up on his horse lo save me. But I remembered Program ° Jy// Constitutional Law MfLm- School Lara was a blonde. Omar was not about to come oul in this kind of weather lor a initM li /Vt; 3 l.ni I 3 I brunette. No, ii "this scene called for a brunette al all, il called for a Dorothy. I could jusl Legal Raponsiblllty Prof. Jan Deulsch see all of O'Brian being lifted into the sky and dropped on the Land of O/. As I thought and the Corporation (seminar) this, while looking into an empty room 106, my mind began filling the seals wilh law school munchkins who were spouting high-piiched legalese in response lo a question sung in a Gorman accent by the munchkin mayor. July 7 August 15 SUMMER SESSION II I fell weak. Il must have been the dinner. Not that I didn't appreciate il, nor lhal, under the circumstances, it didn't taste very good. Il was just the combination: orange NUMBJER juice and chili. And ihen, too, the building was cold NAME OPCOURSE CREDITS FACULTY and most of it emply and FOR FURTHER and I did not feel well at all. I needed restProducts Liability 3 Prof. Aaron Twerski INFORMATION: Labor Law 3 Prof. Eric Schmertz As I turned away from 106, the engineer appeared. He had a. pillow with him. I HOFSTRA SCHOOL OF LAW Advanced Procedure 3 Prof. Eric Lane couldn't imagine having ;t fresh while pillow in a place like O'Brian,but I was tired now, [5161560-3636 3 Prof. Alan Resnick ttablor • Creditor glad and for the pillow. We walkeddown a long hall it was white with lots of doors, all Entertainment Law 3 Prof. Joseph Bianco Seminar In Trial Advocacy 3 Prof. Lawrence Kessler evenly spaced from each other and all closed. Bonfield Constitutional Law II 3 Prof Arthur 11/ \I\TI^) A oflfi He opened the Usl door in the hall. He turned up the thermostat. Promising he would come back in the morning, he locked the door for me and left. I looked around the Estates John Sciullo. Prof. room. It was so white and so clean. There was a little bed and other furniture, all of ii [NIVFiaRSIIY WIIU. Trusts and 4 VI MJM.VJM.M. M. p,of ofLa*\ Duqursnr soil of built inlo ihe room. "• MUMTIAP. m YO«K usso (.WWlll.V SchoolofLw I sal on ihe bed. Il was becoming pretty clear. After two and a half years. il had come lo this. I guess I had always expected it after the Mist semester. And I was really 100 tired at this point to think about it, except I thought if they really wanted lo help me I mean, if they were going lo try to attempt some cure you would have thought ihcy would have-taken this New York Practice book, the one I'd been carrying around lor Ihc last couple ol hours, away from me before they locked Ihe door. Lower Outside Corner - _. _ ' _, - I ' .. : .- . . �' February 17,1977 OPINION 4 Frosh photos gone; LSAT scores stay Students take trial & research honors Nine SUNY at Buffalo senior law students received awards from the Erie County Trial Lawyers' Association for outstanding work in their respective trial technique classes. Ho no red students include Richard Biryla, Thomas Collins, Warren Freeman, Irwin Gilbert, Stephen Lipton, John by Jan Barber Your picture will no longer appear on your law school transcript with your grades and LSAT score. The Law School Registrar's Office late this fall started blacking out the student photos from the back of the transcript. Registrar Charles Wallin said there was no real reason to have the picture on the transcript. The picture has been the one the student submitted when she or he applied to law school. So, in the case of seniors, the picture has been at least three years old. Student Bar Association President Barry Fertel had asked Wallin to give students the chance to delete the picture or allow students to submit a more recent picture to replace the file copy. Ferte! pointed out that the file picture might show a student in casual attire which might not make a favorable impression on employers. He also said the picture could be used for discrimination. Students' pictures will still be kept in their permanent files, Wallin said. The pictures are kept as a convenience for faculty who may be asked by students years after graduation for a recommendation. They can check the file to match name andface. Fertel said he also asked Wallin to consider deleting the LSAT score from the back of the transcripts. Wallin said he would discuss that with the Law School's Academic Policy and Program Committee. "I'm sure all law schools I know put the LSAT score on," Wallin said. "I don't know if it is an absolute necessity." Students' pictures and LSAT scores have appeared on UB Law School transcripts for 25 to 30 years. Molloy, Stewart O'Brien, Timothy Stoufer and Cynthia Weaver. T rial technique instructors selected the students on the basis of their performance in trial simulated situations. At the end of the term, students participated Trial Technique Winners: Steve Lipton, Stew O'Brien, John Molloy.TomCollins, and Tim Stoufer. Not pictured: Richard Biryla, Warren Freiman, Irwin Gilbert in day-long mock trials held in Cynthia Weaver. downtown Buffalo courtrooms before practicing judges and high research and writing course last insurance and other fields of spring. They have been submitted study involved with medicolegal school students acting as jurors. to Medicolegal News and The matters. Papers on any subject of Two second year studentshave American Journal -of Law & medicolegal interest may be taken prizes in a national Medicine for possible publication. submitted. competition for their papers on Amster and Dodd were winnersof First, Second and Third prizes the Desmond Moot Court carry cash awards of $300, $150 lawand medjfine. Meryl and $100. One Honorable Arnster's paper on Competition last fall. Manuscripts for this year's Mention is also awarded. "Voluntary Sterilization Causesof to be submitted the Action for Malpractice" won contest must second place in the 1976 ]ohn P. American Society of Law & Rattigan Student Essay Contest Medicine, 454 Brookline Avenue, sponsored by the American Boston, Mass. 02215 by Society of Law & Medicine, and September 15, 1977. The contest Unhappy with the traditional routes most young Monica Dodd's paper on is open to students currently attorneys wind up following, a number of recent "Determiniation of Death" took enrolled in U.S. and Canadian graduates have decided to tread different paths, honorable mention. Amster's graduate programs of law, letting their law backgrounds work for them in more medicine, dentistry, veterinary creative ways. We spoke with one of the more prize carried a $100 award. The 25-page papers were medicine, pharmacy, nursing, successful of the adventurers, Miss E.L. Pirkis, who Hyman's social work, h osp i tal has quietly but fecundly been putting out a new written for Prof. Jacob section of the freshman legal administration, public health, series of novels for young readers. Cherry Ames, Student Lawyer; Cherry Ames, Tax Auditor, and Cheating cont'd from page one Cherry Ames, Watergate Special Prosecutor have Registrar Charles Wallin said have the discretion to impose a been great sellers. Cherry Ames, Estate Planner, and Cherry Ames, Public Utility Rate Regulator have not that he was aware that a student suitablesanction. Wallin suggested that effective done quite as well, but Miss Pirkis feels that the lack in Prof. Zimmerman's class had submitted a note alleging that punishment would be to place a of public acclaim for those titles points to the cheating had taken place. If any note in the student's file that he general lack of interest in esoterica on the part of student has a specific complaint, or she had been caught cheating youngpeople today. the proper procedure is to submit on an examination. This would In Cherry Ames, Tax Auditor, Miss Ames poses a grievance to the Faculty Student make it extremely difficult for as a customer at La Grenoudille during an that student to be accepted by the investigation on non-reporting of income by Relations Board, he said. Character Committee of the State headwaiters. In this searing novel Miss Pirkis not The FSRB has jurisdiction over Bar Examiners. More extreme only gets to exhibit her virtuosity for the more student grievances. The alleged sanctions, such as expulsion from intricate sections of the Code, but her not wrongdoer would be entitled to a the Law School, while within the inconsiderable accomplishments as a gourmet are hearing before the board.-If he is Board's power, would probably displayed in her recipes for Coquilles St. Jacquesa la Maison, and a divine Chestnut Mousse that will send found euilty, the board would not be taken, he said. cont'd. frompage one you gasping for air. SUSTA fn Cherry Ames, Watergate Special Prosecutor, additional SUSTA funds, and delays in processing TAP applications Cherry meets the son of the Attorney General, and have made it difficult to determine who is eligible. Law studentshave after soulful looks during a pre-trial motion to been allowed a $720 credit against their fall semester tuition and a dismiss the indictment against George Steinbrenner $ credit against this semester's tuitionpending final determination (6. pages), soulful looks during the crucial of who is eligible and how much money is available for each student. cross-examination of John Dean on just who was on SUNYAB Financial Aid Director Joseph Stillwell estimated last week the Mayflower (5 pages, sigh sigh), and soulfullooks that it will be another couple of months before final figures are during tense plea bargaining on behalf of Herbert known. Kalmbach (7 pages, pant pant), Cherry regretfully As for next year, maintenance of SUSTA at its current level, tells Dereck that she never kisses a boy during the partial by tuition survive review the aid, must which would mean only first novel. Miss Pirkis tells us that Cherry will meet Seante Finance Committee and the Assembly Ways and Means Dereck later, in Cherry Ames, Appellate Division Committee before it goes to the legislature for the final vote, Clerk, but so far it's four hands on the prosecution Lefkpwitz said. Hearings on the governor's budget have already begun, side's table. with hearings on SUNY's budget scheduled to begin this week. Each book has an appendix in which all the "SUSTA is but one of thousands of items in the proposed fashions only briefly noted during the mise en scene budget," Lefkowitz noted, adding that it is impossible to predict are described in detail, and there's a handy pull-out whether the legislature will approveit. section, holding Simplfcity patterns for all the S.tUlweU told Opinion that even if SUSTA is approved-at its outfits. In the appendix of Student Lawyer there is current level, proposed changes in eligibility requirements may cut also a stencil which can be used to convert a pair of spme students out. For example, the governor has proposed that sneakers into wing-tipped shoes so one can try on veterans' and social security benefits formerly excluded from a the lifestyle without the initial investment. student's income in determining TAP eligibility should now be considered a change that would put many students over the $2,000 annual income maximum. * � * Availability of any SUSTA at all for law students this yearhas We went down to the cafeteria one afternoon, been attributed to lobbying efforts in Albany last April, following having heard that the area is a meeting place for law passage of a state budget that included no SUSTA. At that time, a students who frequently enter into rather lively as group.of law students organized a letter writing campaign, personally well as scholarly debates on topical subjects in the contacted legislators and finally, with the financial support of the law. We were pleased to find such a group discussing Student Bar Association (SBA) sent 40 students to Albany to urge the the change in-the law enacted January 1, permitting lawmakers to restore the funds. The $237,000 was included in a a~ right turn on a red signal after a full stop. One Herb Packer enthusiast (a firsPyiear Itudent) was supplemental budget passed in July. Although medical and dental students had previously recerved very pleased to see that the law was allowing what SUSTA, the July budget did not restore the aid for them* and^UNY had made sense all along. "It's very important," he financial aid officials told Opinion in SeptembT-that.tfie funds were srrd^'not to overoriminalize." Another student was apparently earmarked for law students in response to contacts'made upset by what appeared to be a diminishing number by law students-and administrators during the lobbyingcampaign. of things which were illegal, and wondered how we Here at the western new yorker — . — ~ were going to test our collective boundaries, re-enforce our social solidarity, and affirm our social commitment, where we couldn't punish someone, make someone a deviant. A third student muttered "Durkheimian,"and that was the end of that. * * * We were walking through the halls of O'Brian the other day and had the time to sit-in on a few classes. A friend of ours has suggested that each professor has ten lucid minutes, and we tried to beat the odds by selecting rooms at random. We did manage to catch one professor apprising his Tax I class of the difficulties of procuring condoms during the early '40's (no doubt d'apres "Summer of '42." The good thing about films is that they can fill in any gaps in your life you might have missed while you were doingyour homework.) Another professor was suggesting to his Criminal Law class that they should makelove like they were doing research. (In the dark? With fudged results? With only one pre-conceived outcome possible? With no controls? Using free undergraduate labor? For dubious social benefit? With the latest scientific techniques? With a lot of expensive equipment no one knows how to operate? He didn't say.) We also heard some very tender offers being made in Regulation of Financial Institutions, but we wouldn't want to embarrass anyone with names. S.% Reich , — V George Rusk, Bonnie Hager & Roger Scott stand in front of the room 106 exit which was blocked by over 8 ft. of snow. The snow was the result of the (mi Iv February blizzard which immobilized Buffalo and caused the law school to be closed for an unprecedented 11 days. At press time, the decision had not yet been made as to whether spring break would be cancelled or the semester extended one week to make up for the lost class time. The administration appears to prefer the latter solution, with a possible exception t.r third year students, whose bar review studies might be interrupted by an extension. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1977-02-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/17/1977 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/878f8743ae9b46d64503f6c039bfafc2.pdf 855793ab12cd18a4439d2a6191c2b1fa PDF Text Text Opinion Non-Profil Organization : :U,S>ostage PAID Buffalo. New York Permit No. 708 Volume Opinien John Lord O'Bnan Hall SUNY/B. North Campus Buffalo. New York 14260 December 2, 1976 State University of New York at Buffalo School ofLaw 17, Number 6 Multidisciplinary group considers legal problems of the elderly Board picks members Amster, Dodd triumph in Moot Court Competition th^t our culture is presently consider affirmative efforts to "tie experiencing. In the earlier days up the humanizing strands" left A conference entitled "Aging of our country's history,problems hanging by our fast-paced way of and the Law" was recently held at such as these, while slill existent,. life and to "bind them together the taw school. Sponsors of this were greatly alleviated by the into a community again." As an conference were the presence of the multigeneratiorial example of a "return to Multidisciplinary Center for the family. Under this arrangement, community" effort, Mr. Devine Study of Aging and thp SUNY/AB each family member had <i distinct cited the use of high school law school faculty, with the role and knew that with advancing students as escorts for senior assistance of the Legal Counseling age, he/she would still have a citizens and other such programs for the Elderly Project, Buffalo, place in the home and would be that bring different age groups New York. The purpose of the taken care of. Now, social service together. He emphasized that conference was to bring social legislation has been enacted lo these efforts were important not workers, attorneys, and others "fill in" the gaps that wen; once only in services to the elderly but concerned about the legal status filled by the family. But such. also with children, PINS, and of the elderly together to discuss legislation has also produced a other groups. problems.* and suggest confusing mass of rules and After the introduction, there regulations. solutibns. were discussions of specific The conference opened with a Mr. Devine, therefore, suggests problem areas of concern to the keynote address delivered by Mr. that social legislation in itself is elderly. These problems could be enough; that Devine of Devine HEW. Mr. not John the roughly categorized into three Monica Dodd, Jane Mago, Professor Kenneth Joyce, Steven Errante, began by giving a general overview policymakers and areas: (1) financial, (2) Matthew Leeds and Meryl Amster were in good spirits following the of the main problems facing older policy -implemcnlers should continued on page eight annual Desmond Moot Court competition Nov. 12. Dodd and Amster persons today- the feeling of were the winning team. Amster and Mago tied for Best Oralist, and usel^ssncss, the fears of being, Errante and his partner, Evan Giller, took the priiefor best brief. victimized by crime, and the About 15 students were invited to join the Moot Court Board on the loneliness. He then suggested that basis of their performances in the competition. The board will one of the main causes of these participate in seven interschool moot court competitions during this problems, as well as other societal school year. ills, is the "loss of community" by Kandy Faust . Penman, Ostrowski, McGowan. — Trammell Newly elected judges give views Newly elected Supreme Court says that a major change for her in the move from City Court to Supreme Court will be her dealing with feloniesrather thanmisdemeanors on the criminal side and more extensively with civil matters Justice Dolores Denman generally. A former Assistant District Attorney, Denman has been primarily involved with a large volume of criminal misdemeanor cases in City Court. Because of her strong criminal background, Denman anticipates being assigned to many criminal felony matters in Supreme Court. However, Denman also said that in Supreme Court, she would necessarily become more and more involved with civil matters. Dealing with more serious civil matters as well as with matrimonial cases would involve a "learning process" on her part, Denman said, explaining that she would be attending a conference soon dealing with recent developments regarding Dole v. Dow and comparative negligence in New York State, and would be reviewing matrimonial law. Denman expressed a need for a powerful judiciary "to preser' the system of justice," but noted that because of that power, great care should be taken in Sleeting or Judge William Oslrowski, another recently elected Supreme Court Justice and 16-year veteran of City Court, noted in a very brief interview thai the change to Supreme Court would involve some travel to the eight counties o.f the Eighth Judicial District as well as a consideration of matrimonial mailers, which are not within the jurisdiciion.of Cily Court. Questioned about having a special area of concern in Supreme Court, Ostrowski explained that as a junior member appointing judges. With regard to the role of of the Court, he would initially be women in law, Da enm jn concerned more with listening and commented that "women belong watching other judges rather than wherever their ambition*, talents asserting himself to a great extent. Oslrowski also fell that a and skills dictate," and that women could be as successful as judicial position was necessarily a men in the legal profession. She powerful one, but noted that the fell, however, that some women controls on that power arc largely are "predisposed to think lhal legislative. In considering his motivation they will be discriminated against." Denman said that her for running for election to position as a lawyer has been Supreme Court, Ostrowski noted rather to rely on her own the normal reasons for advancing fact that he competence and confidence in her oneself as well as the fell he could do a "fair job" as a professional and legal ability. She further explained that Supreme Court Justice. Thomas McGowan, recently being a woman has been an asset, for her: when she graduated from jlected to State Supreme Court, the Buffalo Law School in 1965, nas been involved in all three the "women's movement" was branches of government. "I don't beginning and she was one of only know many people that can claim two women who graduated in that this," McGowan told Opinion class. continued on page six . — Law School Professor Conference on Aging Jacob Human addresses participants at Summer '77 Strasbourg Institute plans human rights symposium The lnlcrnalion.il Inslilulc for Human Rights in Strasbourg, France will be conducting its Eighth Summer Session during July, 1977. Each year this session attracts approximately 120 participants from Europe, Africa, Asiaand the Americas. Ihe program consists of a month-long series of lectures and study groups in English and French. The tentative schedule of subjects for the coming session is: WEEK I The Functioning of International Institutions for the Protection of Human Rights, as illustrated by the Chilean Affair. WEEK 2 Non-ludicial Regulation of Human Rights Violations WEEK 3 Non-Governmental Organizations and Human Rights Update on the Geneva Conference on the WEEK 4 Reaffirmation.and Development of Humanitarian Law. In the past, a limited amount of financial aid for students attending the session has been available. Interested persons should contact Professor Virginia Leary, 636-2071, Dan O'Donnell, 885-4844 or Irene Schall, 838-4101. �December 2,1976 OPINION 2 Students take aim at problems forced to share lockers. SCATE forms are on reserve in the library and open to the It was a day for target practice inspection of students. November 2 in the Moot Court tn response to a question Room as 40-50 law students fired concerning the possibility of (questions) at law school faculty restricting the law library and/or andstaff. study carrels to law students, it The first in whatis hoped to be was stated that the library is a a series of open question sessions part of the University Library featured a panel consisting of System and cannot be closed to Barry Fertel, Jay Carlisle, Charles other persons. The study carrels Wallin, Dean Thomas Headrick, on the lower floors are already Allan Canfield and Mabel Jebson. restricted to law student use. Adding their own comments from A suggestion was made to the audience to supplement those expand library hours as a method of the panel members,were Wade of increasing availability of the Newhouse, William Greiner, Barry facility to those who need it. Headrick said that he would look into funding possibilities for a trial study to see if students would really use it enough to warrant the extra cost. Extra TheBuffalo Legislation Project has reported progress on two of its hours suggested were 11 p.m. to midnight, and noon to 2 p.m. on recent undertakings. On Nov. 9, two BLP members testifiedbefore the-Assembly Codes Sundays. Another subject relating to presented Committee in Rochester. Beverly Jacklin and Ray Cerreta library use was introduced. A reports to the Committee on bail reform. jacklin reported on alternatives to the money bail system as student requested that some specified in the Federal Bail Reform Act of 1966. Cerreta focused on provision be made for a smoking the feasibility and constitutionality of preventive detention in New area within the library for those who wish to smoke while they York. Douglas McCuen, counsel for the Codes Committee, requested read reserved materials or study. assistance from Jacklin and Cerreta in drafting a bill on the topic for Other law schools have such areas. impeding the Problems presentation to the Legislature early next year. Gail Heppell is student editor of the project and Ronald Allen establishment of a smoking area faculty advisor. were brought up. An Erie County BLP members have also directed their efforts to traffic problems law prohibits smoking in public places. Also, there is concern over in Buffalo. Project members conducted a study reviewing the legal authority the dangers to library materials. of the local traffic commisioner. Assemblyman William Hoytrequested The situation will be the study after the Commissioner refused to install a pedestrian "investigated," panel members activated light at the corner of Parkside and Florence Aye. in Buffalo. said. To questions about the BLP member George Rusk investigated the liability possibilities on the part of the City and the Commissioner if a traffic device was condition of library acquisitions negligently placed al the intersection over the objection of the and the problem of general disorganization, in the library, Commissioner. Rusk also clarified the standards for negligence and the extent of Dean Headrick responded that he is trying to gel more funding. The the potential liability In the issue. Early in November, Hoyt met with City officials and presented SB A is also working on this. the BLP research and an engineeringstudy in support of the placement Funding for the Library is alumni of the traffic light. City officials have yet to make a decision on the priority number ope. continued on page six matter. by Becky Mitchell and Kirn Hunter Chris Carty, Erica Federman, and Joseph Laufer. Although the student turnout was relatively small, there were plenty of issues introduced for discussion. Topics ranged from student directories, the library, security in the parking lot, parking facilities, campus buses and student lockers to registration, grading, course offerings, the cafeteria in Baldy, SCATE forms and TAP awards. Student Directories may be picked up at the SBA office in room 113, it was announced. Wallin will order more lockers for the basement so that students are Boyer, not BLP members testify, conduct study .• Letters to the Editors Regulations on nuclear wastes To the Editors: Dave Munro's recent article on radioactive High Level Wastes (HLW) at the NFS plant in West Valley, N.Y., was interesting and that these wastes must be accurate in most respects save one solidified and removed to a federal repository within ten years. The Nuclear Regulatory Commission (NRC) regulations require this of all HLW which may be produced in the future; however they do not apply to those already produced at NFS. In fact, a recent NRC report even raised the possibility of allowing the HLW to remain at NFS in effect making the NSF site a federal repository. Any discussion of the probleni should at least make mention of this situation. Bob Schroeder - - Parking with lights on To the Editors: In the recent open meeting, someone asked about the inadequate lighting around the building, and on the walks to and in the parking lots. Upon inquiry we found that there have been some substantial difficulties with the electrical circuitry for the lights. They are not intentionally turned off. Work has been going on to locate and remedy the problem for some time. If it is any comfort, the law school is not the only academic unit that has expressed serious concern. Dean Thomas E. Headrick SBA resolution criticizes Schwartz on stipends . by Robert Selcov ""The Student Bar Association Board of Directors has passed a resolution "expressing its displeasure" with former Dean Richard Schwartz's actions in approving a $1000 summer stipend for theLaw Review editors. In the last issue of Opinion, it was reported that Dean Schwartz had authorized the disbursement of $1000 from the (aeckle-Abrams fund to those editors who had spent part of their summer working for the Law Review. This action was taken after the Faculty Budget and Policy Review Committee (BPRC) had recommended that the summer stipend not be given. The Committee was not informed of the Dean's intendedaction. Dean Schwartz, who had the power to allocate t^iese funds without consultation, stated that he was not present when the BPRC made its decision and was informed by Associate Dean Fleming that the Committee's recommendation had been based upon an inadequate showing of need by the Review's editors. When it was detailed how the editors had curtailed their summer employment, he decided that an adequate showing had been made. The Nov. 9 SBA resolution is premised upon the belief that the Jaeckle-Abrams money should be spent "in such a way as to benefit students who would not otherwise be able to participate in educational During this entire competition there is no activities and to offer maximum exposure to SUNYAB Law School." feedback whatsoever. Most, if not all, of the It stales that the Law Review is a voluntary organization whose work competitors would greatly benefit if there were some will proceed on a voluntary basis with or without this allocation. The resolution further alleges that "there are other student sort of critique of each student's paper. Better yet, a two draft system might be more effective in aiding activities which could be created and funded consistent with the the Review in its selection process. Each student purposes and spirit of the Jaeckle-Abrams fundwhould the availability would be given the opportunity lo submit a final of this money becomeknown." SBA President Barry Ferlel stated that the SBA felt it was draft of his or her paper after he has received an necessary to pass the resolution at this time so that future distribution evaluation of the first draft. In essence, this type of system would duplicate of funds available for studenlrwouldbe made in a responsible manner the process which occurs withip the Law Review and consistent with" the needs of the student body and the Law itself: an associate submits a first draft of an article School. which undergoes many revisions prior to its being OPINION accepted for final publication. * Volume 17, Number 6 December 2,1976 advantages proposal of modest are Editors: Cornelia Farley my The TanisReid threefold: it will present the Review with the Louise Tarantino opportunity lo select thosepersons who will be most Business Manager: Steve Errante likely to submit a scholarly article, and more the Photo importantly, it will provide valuable training in Editor: Nancy Mulloy essential legal writing skills for those students who are not accepted as members of the Review. In Staff: Bob Anderson, John Arpey, Jan Barber, Andy Cosentino, Maria addition, it will result in a more positiverelationship Mossaides, Kirn Hunter, Bob Selcov, |can Gramni, Becky Mitchell, David Mun'ro, John Privitera, John Simson, Sharon Osgood, Ted between the Review and the law school student Firctog, Joel Hotkcll, Dean Silvers, Patrick Stellaio, Dave Rittenhouse, body, who, for the most part, are confused as to the |eff Granat, Susan Hogan. true worth of the Law Review as it relates to them. Contributor: Dan O'Brien Of course, such a program would require a greater Photographers: Frank Carroll, Bob Citionberg effort on the part of the editors of the Review, but Copyright 1976, OPINION, SBA. Any republicatlon of materials herein, the benefits realized by the Law School community is strictly prohibited without 'the express' wMtien'^br&fnf bf">M>'-' would, in my opinion, be well worth it. Editors. OPINION is published every two weeks except for'vacation*, Hi during the academic year. It is the student newspaper of1 the State probably Members of these organizations would University of New York at Buffalo School Of Law, John Lord O'Brian criticize me for meddling in their internal policy, but Hair, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board policy would that the internal as suggest I or Staff of OPINION. OPINION is a non-profit organization, Third determ ined by these organizations has a Class Postage entered at Buffalo, New York. Editorial policy of far-reaching effect on the Law School and its OPINION is determined collectively by the Editorial Board. OPINION ■ haveffot participated students. An importantnote: I is funded by SBA from Student Law Fees. Composition: University * Law Review or the Press at Buffalo. competitions the for either the in M,opt Court, Board. — President's Corner by Barry Fertel At this juncture, it must be emphasized that the views expressed herein arc the personal views of the author and are not to be preceived as the official policy of the SBA. This column will concern itself witrf what I believe to be the inequities of the selection process as administered by the Moot Court Board and the Buffalo Law Review. Recently, the Moot Court Board held its annual Desmond Competition, and as has been the case in the past, it was a huge success. Unfortunately, for the second consecutive year, none of those selected as semi -finalists were first-year students. First year sludenLs, unfamiliar with the fundamental legal concepts necessary for effective oral advocacy and legal writing, are faced with a severe disadvantage. It is my personal view that much better effort could be made by first—year students if the competition were held in the spring, by which time first—year participants would have become more acclimated to the legal mode of reasoning. Admittedly, this proposal, if implemented, would require greater effort on the part of the members of the Board, but it would give first—year students the opportunity to more effectively utilize the skills they acquire during their first year of law school. I air this view not as any criticism of the Board, but rather as a concerned law student who wishes to see greater benefit realized by those students who participate in the Moot Court Competition. In the spring semester the Law Review competition commences. First—year students are given "case—notes" after which they must submit research papers arralyzing a particular appellate court decision. The competitors are notified during the latter part of August as to whether they have been accepted as Associates of the Review. . . ' • . .... - i �December 2, 1976 N. Y. OPINION 3 creates PLSSC to help indigent prisoners by Jeff Granat • Several advantages favor piecemeal fashion. incorpoi(ation on a state wide The correctional of these A new not-for-profit basis over the operation of wholly services has not hamstrung the corporation has been created to independentregional offices. autonomy of the local offices. provide legal services to indigent The centralization of financial According to Hezel the. prisons are prisoners in New York State penal matters in the New York City a "gold mine for litigation...", and backup center permits a greater the local office decides which institutions. The Prisoner's Legal Services allocation of resources toward the litigation should be brought and Corporation, (PLSC) was provision of services at regional how to resolve other problems, as conceived by a committee of the centers. Local centers thereby well. New York State Bar Association to expand the scope and efficiency of the legal services offered by the older Correctional ySer.vices System to the approximately 17,000 prisoners within state institutions. The organization demonstrates an attempt by the legal community to" follow Canon 2 of the Code of Professional Responsibility and make legal services available to the public, including the imprisoned. The thrust of the program, according to the Buffalo office director George Hezel, is to provide legal services for "jail related types of actions..." More specifically, legal assistance is provided in prison civil matters involving individual grievances, dicipline, and computation of jail time. The corporation also handles collateral attacks on convictions and other actions, including matrimonials. There are six regional offices of the PLSC each located near major institutions and serving the needs of the prisoners within that area. There is also a backup center located in New York City. avoid needless and often futile searches for funding. At the present time the corporation is funded by the Law Enforcement Assistance Administration through the New York State Division of Criminal Justice Services on a yearly basis, renewable for up to thr,ee years. The organizationis now funded at approximately $1.1 million. The source of funding at the expiration of the three years is uncertain. The N.Y.C. backup center also provides research assistance and advice to the other offices in the state. This is especially helpful in suits involving class actions, such as prison condition suits and collateral attack* on convictions. A further advantage ot incorporation is that there is greater continuity of services. Thus, when a prisoner is transferred to another institution services are expedited by merely transferring personnel files to the appropriate PLSC office. An attorney in the new office handling the prisoner's case does not have to deal with it in a The Buffalo office has 400 open cases and receives an average of ten new requests daily. It is staffed by three attorneys and one recent SUNYAB law school graduate, Mary Good. Understandably, the major concern of the Buffalo regional office is provision of quality legal services. As described by Hezel, the problem faced by this particular office is " a perennial problem for any legal services agency—too many clients, too few resources." It is readily apparent that given the grcal number of immates demanding services it is nearly impossible to serve all of their immedeate needs. Rather than deal with a greater number of the inmates' problems superficially, the approach is to provide services as "carefully, precisely, and professionally as possible", even though this necessarily entails a delay in the consideration of the problems of some immates, according to Hezel. This is a problem that is aggravated in the area of legal services. The ratio of attorneys lo Student Wide Judiciary hears undergraduate disputes facilities. ' program. This component of the The clinical program at the law clinic will hopefully be expanded school dovetails with the in the future. First-year student, nun, describes Justice Center by Kirn Hunter The Church is siill and will continue iv be a relevant force in the modern world. At least, il will be if Sister K.nhlecn Rimar has anything lo say about it. Rimar has been a Fr.incisc.rn sisterlor the past twelve years and is now a member of the first year Class M SUNYAB Law School. She is a Buffalo native and attended Rosary Hill College. Rimar earned her masters degree in sociology at Noire Dame. changes wilhin the system and checks up on whal Congress is doing by leading ihe Cungrcssion.il Quarterly. The Center also works with various lobbying organizations based in Washington, D.C. that press for action on hunger, criminal justice, employment and health problems. The Center is non-partisan and is liberal in philosophy. "The Center receives a lot of Don'l look around for a she woman in black robes doesn't wear a habit! She may not easy any case, since be to find in she spends many pi her non-law school hours working HI .1 research org.mi/aiion called I he Center for community at large. Sister Kathleen Rimar to adjudicate disputes involving After a complaint is filed with the student prosecutor, an arraignment is set. At the arraignment the court rules on the sufficiency of the complaint and 'then accepts a plea from the defendant. If the defendant pleads guilty, -the court proceeds to impose a sanction. If the defendant pleads not guilty, a hearing date Is set. Although the court has the power to subpoena witnesses from the student body, the rules of evidence are generally more r'elax'ed'thah'those'in a civil opportunity to get practical experience. There are currently six students working under the tutelage of Steve Lacher in the Justice. The Student Wide Judiciary, a judicial body whose purpose it is university operation- of PLSC in its corrections component. The clinic is able to provide sorely needed assistance to the PLSC while giving law students the The Center for Justice was established to provide up-10-dale informalion on current domeslic and world social problems for religious groups and the by Donna Natoli infractions of the SUNYAB Rules & Regulations by students, is composed of day and Millard Fillmore College students who hear cases initiated through the student prosecutor's office. The court's jurisdiction extends to all undergraduates and covers all infractions of the student Rules & Regulations that occur within the confines of the University campus. Any violations of the rules occuring within the dormitories are initially brought before the Inter-Residence Judiciary. Any decisions reached by the IRJ can be appealed to the SWJ. Some common offenses that the SWJ deals with include election disputes, theft of state or personal property, and misuse of client population has been examined by the Legal Services Corporation: there is approximately one attorney for every thousand clients in the public at large. However the ratio for the consumers of legal services is about one attorney for every ten thousand clients. the SWU members: Back row Dormer, Alan Alperin; Rhonda Schechtman. - - Rob Kapito, Louis Masur, James Brandt, Andrew Front row Brian Jacobs, Mary Ruocco, Deb Sorbini, or criminal trial. If the defendant afford to litigate -in a city or is found guilty he may appeal the county court trial. court's decision to an appellate The present chief justices of panel of the SWJ, just as he may the Student Wide Juiciary are two appeal a sanction assigned at seniors, Deborah Sorbini and arraignment. Rhonda Schechmar). Sanctions of the court include warnings, disciplinary probation, Anyone who wishes to bring a restitution, suspension or complaint involving an infraction expulsion from the university. In of the student Rules & the case of suspension and Regulations should contact the expulsion, the court makes such -student prosecutors office in 30N recommendation to the president in the basement of Harriman of the university who delivers the Library on the Main Street campus. finaldecision. Many of the cases heard by the There is also a need for defense criminal could be heard attorneys court in to represent defendants or civil court. In this regard the in these cases. Any law student SWJ provides an alternate forum interested in volunteering his time for those students and should contact the Legal Services organizations who could not office on the Main Street campus. . "The Church in the last fifteen years has moved toward greater involvement in world problems. It has called for all Christians to make a commitment lo Ihe promotion of peace and justice in the world," explained Rimar. "A concern developed lhal the religious community didn'l really know what was going on; there was a great need for communication. Out of this need emerged the concept of an information center, and the Center for Justice was started," she said. "The Center was originally intended lo educate sisters on important issues," she continued, "but it soon became apparent that this focus was 100 narrow. This service needs lo be provided for everyone since these issues affect their daily lives." inquiries abou the Church stance on birth control and abortion. I don'l feel that the Center should concern itself with this since there are controversy already so many groups, including religious ones, who do. There is other valuab|e work that the Center can do," Rimar noted. Rimar is personally interested in achieving social justice for all members of society and hopes to use her legal education toward that goal. "An understanding of the law is essential as a basis for figuring out how to change it," she said. "You have got to get into the system first in order to make it work." "Law school does orient you to the status quo, so it is important not to get co-opted by the system and lose your ideals," Rimar added. Rimar wouldlike to be able to do some legal counseling from the Center in Accordingly, the scope of the addition to pursuing her other organization was broadened to goals. Although she. has a good reach out to the whole community. Only one other sister relationship with her fellow works with Rimar on a full-time students in section 3 and has the basis; the rest of the staff is made greatest respect for her professors, up of volunteers. The sisters spend Rimar still finds it hard to be a a lot of time doing research on law student and remain idealistic: and keeping up with current "I sense an attitude of resignation issues. They share this in my professors. They feel that informalion with other groups idealism won't win a case. It's and give many talks on their discouraging. Ideals should be reality, b^t not fin*ws.-) iodm ,* vfempered wj^i, Rimar believes .. , in promoting forgotten." �December 2, OPINION 4 1976 Music is 'outlet and escape' for law students But time has been a problem for the and jazz. At present time he is working still like to be in a position to significantly Quartet which recently turned down a job cooperatively with a friend on composing a improve his community and this would be offer by Ruby Red Restaurant because of musical play. difficult to do in a music career. But law pressures of school. Another handicap to When asked how he happened to come itself is so demanding that it would impose Ackerman is the lack of an available piano to law school from a music major restrictions on the time he could devote to for him to practice on. He noted that he background, Greenberg explained that law music, Greenberg said. only manages to practice a few hours a developed as a simultaneous interest in Greenberg also sees music as the best week, whenever he can find a piano to use. college. He had become politically Ackerman expressed similar sentiment motivated and perceived law as a way to get away from the pressures of law expressed by other law school musicians. profession with expertise to effectuate school for even short periods of time. "Music serves as an outlet and an escape. If change. However, now he finds himself Besides playing, he enjoys taking scores of you are really serious about music, you torn between law and music when music out of the library to follow recorded considering post-graduate plans. He would symphonies. concentrate on it, and it removes you from ' whatever else you are doing." Peter Ackerman Country music and rock are the by Sharon Osgood The more we inquire, the more we find. Since the last issue of the Opinion, several more law school musicians have come to our attention. Th ird year law student, Peter Ackerman, considers himself to be a serious musician. He plays piano primarily, though he did play some percussion as an undergraduate at Hamilton College. All kinds of are appealing to this young man, who has been playing piano since the age of eight. He took formal lessons until theage of fourteen but when he tired of them his mother, a classical German Lieder singer, allowed him to stop the lessons. About that time Ackerman discovered jazz, which he appreciated for its spontaneity and sound. Since then jazz has predominated his musical experience, although now, Ackerman would like to again pursue classical music, he said. The Pete Ackerman Quartet has been in existence for about a year, though present members had had another group before them. Aside from second year law student, Bob Kaiser, who played with the group once, other members are non-law makes beautiful music without benefit ofpiano at a recent SBA party. favorite styles of" third law student, Rick Greenberg, who plays the guitar and flute. Greenberg plays with a three member group called the Texas Red Hots, which formed just a few months ago. Hehas also done some solo performing, but not in the Buffalo area. Originally from Queens, N.Y., Greenberg attended Harpur College in Binghamton, where he majored in music. He had had no lessons prior to college, however had taught himself to play clarinet. Though he also plays saxophone and piano, his main skill is in the field of composition. Greenberg states lhal he has composed all kinds of music songs, pop, - people. Book Review Twenty years later: Labor's Untold Story still rings true by Ron Eskin Probably the most appropriate a history is to wait twenty or twenty-five way to review awhile, years, and then to observe whether its analysis has matured or gone sour. Good histories illuminate past events, and, if they are successful, cast a mighty shadow into latter day thinking. The passage of subsequent events dissolves the excesses wh'ch adhere to the work; and that which remains endures as the author's contribution to historical analysis. If the postulated assumptions which the book uses to explainhistory continue to ring true, thenit is a good book. Labor's Untold Story was published at the nadir of Coid War America, in 1955. Domino theory was the gospel among policy makers, and Communism (the dictatorship of the proletariat) was believed to be a sort of international "blob" an ever-growing mass of irrational goo which threatened to engulf the world. It wasn't hard to find bastions against Communism. They could easily be found in the most surprising places: in the ACLU, which refused to accept membership applications from any who had been affiliated with a Communist organization; in the liberal wing of the Democratic Party where the hysteria about the "red peril" was as severe as that within any group in the country. Labor unions were the organized political bodies of the proletariat. Lots of old Communists were, in fact, in the forefront of the progressive labor movement. It doesn't seem at all odd, therefore, that post-World War II politics was counterproductive for the labor movement. It was a period of social retrenchment, and one when it was fashionable to - identify even modest proponents of labor's cause with a Communist front. The authors devote many pages to showing that red baiting was an old technique, one which persisted from the very origins of the movement. Its use was not confined to the exclusive province of manufacturers and businessmen against their employees. En trenched labor leaders unabashedly attacked membersof the rank and file who threatened their security: "Speaking of the general fear of revolution (historian) Dulles continues: 'The big strike is on. The workers haymarket riot, that'appeared int are out solid. It looks like they are theNew York Tribune: going to win that wage increase. Then suddenly* the strike leader is thrown in "... The men appeared crazed for a jail, charged with being a 'subversive fanatic desire for blood and, holding its alien' and held indefinitely forpossible ground, poured volley after volley into| deportation. the midst of officers." Sounds like the answer to a bosses dream, doesn't it? But it's no dream. Once extracted they were able It's the McCarran-Walter law in operation." to show why the primary source material was not to be believed. : : Labor's UntoldStory sketches its fundamentalhistorical premise with yearsofstorylike color. That premise is that labor is America. Labor's story is the story of the American people. But the .American people do not get to hear their story from textbooks, 'The leadership of the AF of L wasas from newspapers or any of the violently hostile to Communism as the media. Alt of the institutions governing board of the National Association of Manufacturers. empowered to disseminate (Samuel| Gompers was in the very information reflect their bias, and forefront of the red baiters who were their bias naturally favors helping to create the hysterical preserving priveleged their own intolerance of the period status. Thus, the word came down (19 19|. to the working people in a form Boyer and Morais construct a designed to create and maintain discernable line of intolerance an atmosphere that assured the across 150 years. After reviewing perpetuation of current economic the legislative history of the Taft and political resource distribution. Hartley Act, they lament upon its The issues.which the powerful effect: " these unions who used to pump up desired refused to kpuckle under to the images of labor varied.the. Usually it violation of the CIO constitution was the Communist threat; were 'through Communist sometimes it was the way the domination serving the purposes "dangerous power of labor" of Soviet foreign policy." The supposedly impeded the little guy purported "red"unions, including from working where he wanted; 1 the UE (which later published this always it was something beside book), were expelled from the the real issue whether the CIO, people of America, and whether Then came the McCarran American labor will continue to Internal Security Act and the be controlled by those who can prosecution of labor manipulate invested capital. "Communists" under the Smith Boyer and Merais focused on Act, both in the early 19505. red baiting because that was the Labor publication after labor prevalent decoy during the time publication began to acknowledge the book was written. But the that the red scare was not directed power behind this book at Communists at all, but aimed transcended the specific issues directly at the .jugular of the within it. Its magic lay in its entire labor movement. It historical method. Rich in responded: ■ primary source research, the book "The March of Labor showed how this ; extracts certain news reports like law could and is being used against the following one concerning the labor: .. . interviews I would never have realized that the teachers were primarily interested in restoring resisting 1 cuts in curriculum, the expanded class size and like. Yet not a single article was devoted to describing the suggested cuts; not one gave a fair account of the reason the teachers would willingly forego two weeks The difficulties which confront ai pay and its leadersrisk jail terms. historian are similar to those thatt The strike was the sole culprit: , - present themselves to strike newspaper-reading citizens. How against the Buffalo -school system, "By continuing their illegal- can one know what to believe striking members of the Buffalo except by trusting what is in the Teachers Federation -are -continuing to news? It is ordinarily the only set a very bad example for the upils whose minds and lives they are choice of information that one is supposedly dedicated to molding." offered. Buffalo Courier Express, Sept. 21, By combining a variety of: 1976. primary source, as well as secondary source research, the ."School Board member Mrs. Baugh denounced what she described as a authors presented news reporters goon squad operation." Buffalo of their historical Courier Express, Sept. 22, 1976. in the premise Which was discussed above. Very simply put, news; "The longer the strike continues the reports, as they appeared to the worse off the kids and their parents be." Buffalo Courier Express, public were extremely hostile to will Sept. 22,1976. labor. Naturally, this insight can b< It goes on and on. What will"the some value to us living in America annalists say about the strike as twenty years after the book was they look back on it twenty years published. We read the news and from today? Generally they will rely on it to obtain information. condemn it just like the The news reports surrounding the newspapers have, since that is recent prolonged teacher's strike their dominant source material. in Buffalo are indeed quite They cannot really find out about revealing, especially in the choice the strike its motives, its goals of verbs they assign to their and its stakes unless they accept actors: the premise of Labors Untold "School board restores cut programs; Story. That premise tells us of a ; BF T scorns concession; impasse history behind the papers, worse," Buffalo Courier Express, Sept. underneath the documents, one 23, 1976. which breathes with the vigor of "BFT attacks Taylor Law." Buffalo colliding human concerns. Evening News. Sept. 22, 1976. short, history is In "BFT refects new pay hike offer; Pisa opposes 'implications' of BoardI and for that reason demands a the proposal." Buffalo livening News. preliminary analysis, of Sept. 21, 1976. conflicting forces in the society All this attacking, rejecting andI before history can be written. If scorning kind of makes you feelI the historian fails to carry out this like these teachers aren't very nice: task, then nobody will be able to people, and are probably being effectively penetrate the bias, and 5 quite unreasonable. But for thes the issues behind the strike will buried quotes and the isolatedI remain forever masked. , ' - .' dialectical • �December 2, 1976 OPINION 5 Wide World of Torts by John Sifnson intitled Monopoly for Lawyers. These are the rules as developed tfius far: If player A steals a deed from player B and keeps it for two turns Player A's By Adverse Possession. (A note: see The Gun vs The Tophat regarding the hostility The law of Gravity was ruled requirement where the following unconstitutional by the Supreme Court transpired: early this morning; people are advised to Gun: "Your honor, Tophat didn't beware. Justice Rehnquist's majority hold hostilely." opinion stressed that the law posed too Tophat: "But your honor, everylime, great a restriction upon the fundamental he turned his head I gave him the finger." {Held for the Tophat.) liberties of individual movement and land use. There are also jail penalties for He further found the law to be Attempted Free Parking People are administered in such a way as to violateall encouraged to cheat on dice throws, democraticand equal protectionprinciples. subject to fines or jail sentences.* The Justice postulated that given the law, a The IRS has determined that Tax fat person and a thin person jumping out- Consequences will no longer be left to of the twelfth, floor of the Watergate Hotel chance or community chesl for that would hit the ground at the same time. matter. The tax year will be measured by (Here is an excerpt from Rehnquist's twelve times around the board at which opinion): point income tax will be assessed. (This "These scientists do not believe in the will also give rise to Tax Evasion, unknown law as we know it, but in the law of a man in Common Law Monopoly.) known to be a heretic: Galileo. What is so Free Parking, as a windfall, will be horrible about their beliefs is that no Judge charged at a 90% rale regardless of is there to arbiter the law. There are no recipient's financial status. Due Process safeguards. It merely exists as The number of procedural safeguards it is. to be allowed those Going Directly 10 jail "People do not argue about it, they has not yet been determined; however, simply accept it. Isaac Newton saw an Justice Dougfas in Battleship vs Go apple fall from a tree. It did not matter to Directly to fail, Do Not Pass Go, Do Not gravity law whose tree the apple was from! Collect $200, (dissenting), found it hardly Newton stated: fair to withhold the monthly wage^of a 'It does not matter whose tree the worker merely because of an unrelated apple falls from, it wjll fall just as quickly criminal c.harge. However, the majority per regardless of whose tree it is.' " Rehnquist stated, "As everonc knows "This is simply false," continued Monopoly is Monopoly." Rehnquist. "In the Real Law, we know .1 i lo a recent game, the following that certain apples never fall, while others transpired: A exchanged Blackacre for fall very very fast! Philadelphia Park Place with B. Since Park "In still another experiment, Galileo Place was worth more lhan Blackacre, it dropped two objects from the Leaning was further^ agreed that A would not have Tower of Pisa. One was an injunction, the to pay any rents to B when landing on Park other a Supreme Court decision. Galileo Place. postulated that they wouldboth fall at the Two "turns later, C look all of A's same speed. Apparently Galileo was properly as settlement for legal fees. (A unfamiliar with the doctrine of stare was caught embezzling from the Bank, and decists;" ■■■ hs«i ti m ■■■ did not have a Public Defender Card Justice White, in a dissent joined by formerly Get out of Jail Free.) In any case, Brennan, Marshall, Powell, Stevens, C was now in possession of A's properly. C Blackmun, Stewart, and Burger, C.J., said landed on Philadelphia Park Place. that Rehnquist was obviously right as to B tried to collect rent from C, but C gravity's restrictions, they were however, stated thai the casement granted by B lo A troubledon jurisdictionalgrounds. was appurtenant, ralher lhan in gross, and In a separate dissenting opinion, therefore slill in operation. (Martin vs Burger, C.J., spoke about ihe adverse Music, Music, Music!) B look C lo court lo effects that the law's repeal would have on fight the easement. While this was going the game of hockey. Justice Meckler, on, A got out of Jail on the Embezzlement dissenting in part, concurring in part, Charge and proceeded lo burn down all the answered the Chief Justice succinctly, "1 Houses and Hotels on the Board. Arson, a capital offense, meant immediate hate hockey." exec i*'ion of A. As his last request A was today, this allowed lo pass Go, and Collect $200. He developments other In reporter learned that a Buffalo law student, was then executed and buried at sea in the generally presumed unemployable, was Mediterranean. As Roy and Dale used to say at the" close, to a deal with Parker Brothers"Game Co. Her position is to create a new game, end of the show, HAPPY TRAILS. "Go Directly to Jail! Do Not Pass Go! Do Not Collect $200!" A Due Process Examination of Monopoly — — UNIFORM COMMERCIAL CODE. V2-314m i ; Mtvrawj leloAowol SENTENCE 2 IffiHotJool Iwija'ipt Is Bluebird happiness? SBA reps meet with shuttle officials by Vikki Edwards There has been a good deal of discontent among thelaw students who use the campus bus service. One of the major complaints is that the buses run too infrequently, especially in light of the increase in express buses which stop only at Governor's residence or Ellicott complex. Last year there were a few express buses but this year the majority of buses are expresses with a shuttle service running every 20 minutesbetween O'Brian and the other buildings on the Amherst Campus (currently handled by route n0.6 buses). Some of the other problems with the bus service include: 1) scheduled buses are often filled by the time they reach O'Brian or thgy simply bypassO'Brian filled or nol; 2) buses are inadequate on holidays and weekends when the law school frequently schedules examinations or classes; and 3) lack of a shelter al the present bus stop for O'Brian. In order to find some answers, a meeting was arranged on Oct. 18, with Dr. Paul Bacon, Assistant Vice President of Finance & Management and Roger Frieday,Director of Campus Bus Service. Allan Canfield was also present representing the law school administration. At this meeting, B.tcon and Frieday indicated a possibility that all buses which run from Main Street Campus directly to O'Brian. will be halted. WUh the institution of such a system, there would be shuttle bus stops al O'Brian every TO minutes. Subsequent to the meeting, Frieday said there is also the possibility that there will be additional express bus stops in this proposed system which will stop at the flag pote loop just south of Capen Hall and westofO'Briari". A number of reasons were given for the institution of such a system: first, 80% of the bus use is at Governor's and ElMcolt, second, the activation of the access gates to Putman Way (the road directly in front of O'Brian) will make it impossible to retain the routes .presently in use, third, the present routes are highly inefficient because the winding nature of the roads - make bus runs extremely slow,and finally, budgetary constraints make the present system inefficient. In response to these points, some of -which cannot be overlooked, law school representatives urged that the law school be included in the implementation of the new system so that the interests of law students are adequately met. The representative from Campus Bus Service assured us that the new system would be more responsive to the needs of law students since the express buses would cut down on the run time and an efficient shuttleservice will only add a few minutes o theI'total trip time. To insure that law tudent interests are represented, a .chedule is being sent lo Campus Bus Service every semester and two student representatives' are maintaining an on going relationship with that department. In response . to problems with the system, Bacon and Frieday suggested that students who are waiting for present a bus lake the first express bus and use the shuttle system rather than relying solely on Main Street O'Brian runs. They also pointed out that there is a Round Robin service on all days when the rest of the university is not in session and urged that students use this when necessary. In addition,it was pointed out that Metro Bus Line no. 44 runs from the Main Street Campus down Millersport and that students might avail themselves of that service if necessary. If any problems with individual buses, such as, full buses or buses which do not slop, should arise, students should contact Frieday at 831-1476 with any complaints. In response to the need for shelter at the present bus stop, Frieday noted this is a Facilities Planning problem but thathe has hopes that the roadway would soon be fixed so the stop can be moved to use the O'Brian vestibule as shelter. When questioned about the possibility of a university owned bus system, Bacon and Frieday replied that labor and operational problems prevented implementation of such a system. Civil, criminal mock trials set for Saturday Third year students taking the trial technique course will hold mock trials this Saturday at Buffalo City Court and Erie County Hall. A total of twenty-six trials will be. held simultaneously beginning at 9:30 a.m. in various courtrooms of the two buildings before volunteer Buffalo area judges. Half of the trials will involve a criminal case of alleged armed robbery; the 6therhalf a civil case ofalleged police brutality. According to Professor John A. Stenger, spectators are welcome. Although arrangements have been made to have volunteer jurors on hand, spectators interested in serving as jurors may have the opportunity to do so. . ■ (*■ ■ .' .',-• �December 2, 1976 OPINION 6 Insurance Law Contest Faculty to review bias The Federation of Insurance Counsel Foundation announces its third annual Student Essay Contest. First prize: Second prize: Third prize: $1,000 500 200 All prize essays will be published in the Federation of Insurance Counsel Quarterly. Submission Deadline is May 1, 1977. Further inforpiation can be obtained in Allan Canfield's office. ... Judicial interviews — continued from page one Wilbur Trammell, who was a Buffalo City Court Judge from recently. "Hopefully, I'll bring 1968 until 1971, was recently experience and sensitivity with me elected again to that position. Trammell, who has lived in when I assume my duties next Buffalo since early childhood, and month." McGowan, a Canisius College whose father was a minister here, graduate, was a Buffalo policemen told Opinion that public service is from 1947 to 1957. After having much more rewarding than private graduated from UB law school in practice, and he is looking 1957, he joined the District forward to again resuming Attorney's staff. responsibilities on the bench. Trammell attended Howard In 1962, he was elected to the Board of Supervisors for two University, then served in the Air years, and he served in the State Force before receiving his J.D. Senate from 1966 to 1974. from the University of Buffalo in McGowan was appointed to 1953. After several years in private Supreme Court in 1974, but lost the 1975 election. "After having practice, Trammell was elected to been elected to various offices the Buffalo Common Council in eleven times in a row, it sure hurt 1960 for two years. Later, he to lose last year," he said. "But served as Director of Real Estate that makes my election so much for the City. After his first judgeship ended in 1971. nicer this year." McGowan stressed that Trammell ran unsuccessfully for government needs individuals who mayor in the Democratic primary have been trained in law school. in 1973. Trammell expressed a strong "Law school teaches objectivity, and it also teaches sensitivity to desire in seeing more minority enroll at UB law school. frailty,'something all students human we need to understand a liltle He told Opinion that in 1969, better," he said. He also urged I ''Citizens for Trammell" students to examine the positive sponsored a testimonial dinner accomplishments of government, ■ which raised $1500 for a minority and concluded by pointing out scholarship program at the law that "if you don't get involved, school, and he expected to take you might not agree with the an active role in this area in thf future. views of the people who do." David Alexander At their Nov. 5 meeting, the faculty accepted, with minor amendment, the recommendation of the Committee on Committes concerning the charge to the Self-Evaluation Committee whose function it is to perform ongoing self-evaluation of its policies and practice's in compliance with Title IX of the Education Acts Amendments of 1972. ("No person '~. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.") The Committee shall establish procedures for investigating student and employee complaints of sex andrace-based discriminations, and remedies and modifications shall be recommended to the dean to eliminate the effecits of such practices. The Committee "shall also consider the desirability of undertaking affirmative action to overcome the effects of conditions which have resulted in sexually and racially differential rates of student applications, employment of academic and non-academic personnel, and participation in the Law School and legal community." (The Self-EvaluationCommittee's jurisdiction will be supplementary to that of the Minority Students Program Committee with respect to racial discrimination.) The motion recommending equal student representation on most student-faculty committees was recommitted to the Faculty Student Relations - complaints further discussion and written clarification of the reasons for the proposedchange. In an announcement, Professor William Greiner indicated that the proper procedure for extending the deadline for'torm papers was to file a written request to that effect with the registrar to ensure that any extension was on record. The possibility of a student receiving a "hopefully unintended administrative "F" will thereby be avoided. Greiner also informed the faculty that the procedure for requesting a change in the examination schedule must be commenced with the registrar's office which will evaluate the request according to the rules specified in the Student Handbook. Private agreements between students and faculty members will not suffice to effect the change. The student may appeal an adverse decision with APPC. The faculty was asked to submit names of qualified Law ■ faculty members from other institutions who might be attracted to a position at U.B. By consensus the specialty to look for was corporate law; other mentioned were economic and comparative law. Professor Mann, chairman of the Mitchell Lecture Committee, submitted a memo for approval, which was accepted, to forward letters of invitation to Senator Michael Mansfield, Yale Kamisar (U. of Michigan), Attorney General Edward Levy, Guido Caladusi (Yale Law School), and Boris Irving Bittka, in that order, toassume the Mitchell Lectureship for 1977-1978. Board by MadelineBernstein and pending : , Gripes... — . continued from page two Many materials, cut last year have been re-ordered (see Opinion article, "Newhouse Checks in as Acting Library ■ Director," September 9, 1976) The staff is said to be doing the best job it can. Some students wondered if there might be a better way to organize the tasks needing to be done until funding does become available. It was complained that materials are never in place in the library and this severely hampers research. The librarians suggested that students police themselves better; students are responsible for reshelving materials. A student voiced concern over the lack of adequate lighting In the parking lot and on the path leading to it. There are lamp posts but the lights are not on. The Dean said he would speak with campus maintenance about the problem. (See Letter to the Editors, from Dean Headrick, in this issue) Another security problem was raised. The condition of the pathway to the parking lot, especially at the point where the "swamp" runs'over it, is a hazard to the persons forced to travel there. The law school has no direct control over this matter, but Wade Newhouse stated that he thought calling in complaints might bring on some action. Newhouse has taken it upon get action in the past. The University must be made more aware uf a problem before it will do anything to correct it, he said. On the subject of parking facilities, it was complained that there simply are not enough spaces in the lots nearby for all who need to park;. People complained about tickets issued those who park on to unauthorized spots. Headrick seemed to feel that the situation will have to be tolerated. Handicapped parking spaces will be reserved and it is a hazard for cars to be parked outside the yellow lines, he noted. A student wanted to know if the exam schedule could be changed to avoid subjecting some students to two tests in two days. WalNn said it could only be done by lengthening the exam period. Since students have asked for the semester to end before Christmas, and the ( Court of Appeals mandates a certain number of class hours, it is not feasible to lengthen the exam period. In answer to another question, it was an no vneed that room s are available for students to type their exams, but provisions should be made in advance. Whether the Q grading system can be evaluated was another question. Greiner said that It could be but he feels the system is fine. He advocates the use of letters of recommendation instead of more, grades because grades can himself to telephone officials to 'be so meaningless. Some students Western New York lawyers to a recant Law School seminar on the Tax Reform Act of 1976 was so overwhelming according to Assistant Dean Jay Carlisle, that his office it still taking requests for showings of videotapes of the program. About 700 lawyers turned out to hear Professors Louis A. DelCotto, Kenneth Joyce and Al Mugel and Buffalo lawyers George Zimmerman and Gordon MacLeod discuss various aspects of the new law November 11. Response by with mediocre grades will make fine lawyers, he remarked, and there are some "straight H" students thathe ask to replevy a dog" for him. Greiner said it would be a difficult undertaking to do a special evaluation study on the grading system and the results would probably not be worth the work involved. A better alternative is counseling students how best to present this grading system, Greiner said, volunteering to do this himself. He invited the students to do an evaluation themselves if they are so inclined. Some students were worried about registration because their TAP awards had- not yet come through. The Dean will speak to parties involved in theregistration to avoid difficulties. Another person wanted to know how order of registration is decided. He claimed that in his three years here, he has been shut out of many courses every semester. Newhouse and Greiner will speak the Admissions and to Registration people about this. It was also requested that notice be given in advance of which courses will be offered so that students may more effectively plan their curriculums. Wallin explained that he would like to do this. Currently, a.plan is being drawn up to plan courses in advance and to find* out what courses students would like to see offered. The Patents Cours is an example. It will hot be offered next semester because there is no to teach it, he said. Possibly it will be offered next tone free fall. Bus service to the law school was another issue discussed. Allan Canfield, Assistant to the Dean, and Vicky Edwards are working with a group planning a needs study to determine what service is*1 required by the law school community. Negotiations with the transportation department have been entered into a few times regarding bus drivers' smoking on the buses, the changed location of the bus stop, and other matters. It is felt that in order to obtain any response to a demand for service, a plan should be drawn up specifying particular ways to remedy complaints. It seems likely that student initiative will be required in this matter if anything is to be done, panel members said. The amount of time taken by professors to hand in grades was the focus of another student question. Some professors would like to see all of their colleagues hand in grades promptly, but a suggestion was made thatit might be worse for the students if professors were forced, against their wills, to hand in grades on time. The last subject discussed at the open question session was what was' d c scribed as "inadequacy" of orientation for incoming students. There seems to be no set procedure for planning and carrying out the orientation program. Apparently orientations have been organized by the faculty, the administration, and the students in the past. Students were encouraged to act on their ideas if they were concerned. Laufer mentioned that he feels it would be impossible to avoid all discomfort for first year students, even with the most complete orientation program. In essence, the orientation lasts the entire first semester. At the end of the session, Newhouse remarked that he was upset that students brought up on ly complaints during the meeting. He wished that students would feel as free to make positive comments about the Law School as well. Impressions — Reality suggests that first impressions are important. Your resume is not only a verbal communication of your qualifications. It tells another story a visual story. - . University Press special- izes in effective visual communication. Theresult: a professional resume one that makes an impression. Call 831-4305 or stop by 361 Norton Hall. - We help you Make them �December 2, 1976 OPINION . 7 Student Bar Association Budget .".Organization & Line Amount Allocated Student Bar/75-76 Out Encumbrances Women's Law/Office Expense Women's Law/Convention Women's Law/Newsletter Women's Law/Postage 35.00 223.00 BALSA/Convention BALSA/National Dues BALSA/Recruitment 35.00 200.00 200.00 300.00 300.00 BALSA/Office Expense BALSA/Minority Symposium . • - BLP/Postdge Distinguished Visitors Forum/Office Expense Distinguished Visitors Forum/Honoraria Distinguished Visitors Forum/Travel & Food Distinguished Visitors Forum/Publicity Environmental Law/Office Expense Environmental Law/Convention International Law/Office Expense International Law/ Convention International Law/Membership Dues International Law/)essup Moot Court International Law/National Dues LSCRC/Symposium Publicity Moot Court/Office Supplies Moot Court/Printing Briefs Moot Court/Order of Barristers Moot Court/Travel, Meals, Lodgings Moot Court/Tax Court, Judge Travel National Lawyers Guild/Office Expense National Lawyers Guild/Convention National Lawyers Guild/Publicity National Lawyers Guild/Newsletter Opinion/Office Expense Opinion/Equipment Opinion/Printing Opinion/Circulation Opinion/Photography Law Spouses/Office Expenses Law Spouses/Info. Services Law Spouses/Food Service Women's Prison Project/Office Expenses Women's Prison Project/Postage Women's Prison Project/Craft, Ed., Mat. Jewish Law Students/Office Expenses _ Rest, Tuition Waiver Activities Law Review/Printing NYPIRG/Office Expenses NYPIRG/State Board Convention NYPIRG/Printed Materials NYPIRG/Staff Time NYPIRT/Law School Chapter Reports Placement/Career Days Placement/Audio Visual Placement/Out ofTown Program Graduation Sub-Board Allocation Orientation Executive Telephone Supplies Secretary Athletic Fee Disbursing Fee Social/Parties Social/Picnics 50.00 15.00 50.00 BALSA/Newsletter BLP/Office Expense BLP/Travel Albany LSCRC/Office Expense . 25.00 Social/Happy Hours Social/Organization Functions 1975-76 Expenses 35.00 240.00 20.00 35.00 1,000.00 1,000.00 200.00 35.00 150.00 35.00 200.00 15.00 125.00 20.00 35.00 Expended to Date .00 1.50 .00 .00 .00 .00 .00 .00 157.13 ,.00 ..00 .00 .00 .00 .00 200.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 50.00 15.00 .00 .00 100.00 30.00 350.00 155.00 35.00 300.00 75.00 50.00 383.00 70.00 3.950.00 .00 .00 .00 .00 .00 .00 .00 15.00 74.35 34.56 Unexpended Balance 25.00 33.50 223.00 50.00 15.00 35.00 200.00 200.00 142.87 300.00 50.00 35.00 240.00 20.00 35.00 1,200.00 1,000.00 200.00 35.00 150.00 35.00 200.00 15.00 125.00 20.00 35.00 50.00 15.00 100.00 30.00 350.00 155.00 35.00 300.00 75.00 35.00 308.65 35.44 37 1.82 41.18 3,578.18 492.82 100.00 100.00 90.00 60.00 35.00 15.00 50.00 35.00 50.00 2,000.00 44.38 .00 55.42 100.00 90.00 60.00 300.00 .00 .00 .00 .00 .00 .00 534.00 35.00 200.00 315.00 150.00 1,000.00 150.00 500.00 500.00 1,000.00 650.00 350.00 2,250.00 100.00 500.00 1,200.00 1,310.00 2,200.00 125.00 450.00 300.00 1,200.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 15.77 103.61 1.61 15.00 .00 80.03 .00 125.00 .00 50.00 237.70 35.00 15.00 50.00 35.00 50.00 2000.00 35.00 300.00 200.00 315.00 150.00 1,000.00 150.00 500.00 500.00 1,000.00 650.00 334.23 2,146.39 98.39 485.00 1,200.00 1,229.97 2,220.00 .00 450.00 250.00 962.30 �December 2, 1976 OPINION Conference considers aging one conjunction his university — and (3) possibilities with a clinicalprogram. continued from page protection, for abuse. Attorneys Lawerence Faulkner and John Dooley addressed the financial area where the one great problem is a lack of adequate income. This fact is particulary evident in Erie County where, according to Mr. Faulkner, about 1 out of every 4 persons 65 and over is below the poverty level. Although there are federal and state sources of income such as SSI and EAA (in New York), the meager amounts received are insufficient to maintain a decent standard- of living. In addition, there are all the administrative hassles which go along with the receipt of money from the government. The problems in the protection area were addressed by Attorneys Norman ). Kalcheim and Cornelius Murray. Protection generally involves the use of such legal devices as power of attorney and conservatorship in which a reliable individual is given the eKthorlty !o act "in place of" the elderly person in financial According to Mr. matters. Kalcheim, these devices are important for the "peace of mind" of the elderly person as they "protect v against overreaching relatives and the inadvertent dissipation of assets. Of course, it is not difficult to foresee possibilities for abuse in this procedure. For example, 'i nvoluntary" conservatorship proceedings may be brought against an elderly person by these same overreaching relatives. Thus, as Mr. Kalcheim pointed out, it is essential that due. process requirments be fulfilled. The remainder of the conference consisted of panel discussions and workshops which corfsidered the role of legal service attorneys and law schools in the development of programs to handle the special problems of the elderly. There were considerable differences of opinion regarding this. As far as law school curriculum was concerned, Mr. Dooley was not in favor of a law school course specifically dealing with .law and the aging. His reasoning was that the legal problems of the elderly are now in a state of flux and will probably be changed in ten years and also that he saw no absolute need for legal services for any particular group in society. Mr. Rudolph Hasl, Acting Dean of St. Louis Univ. Law School, disagreed and felt that such a course would be of benefit to law students especially those interested in pursuing public legal service careers. In fact, a course in law and aging was pecently offered ' at in Both Mr. Hasl and Mr. Faulkner"approved the use of law school clinical programs for assistance in resolving the legal problems of the elderly. Faulkner, in particular, stated that it would have been impossible forhis office to have undertaken the research and community education efforts that his office conducted this past year without the use of law student interns. He felt that law students in a clinical setting would be particularly effective in the area of "preventative" law, which involves the dissemination of information about legal rights to the community so that possible problems are anticipated and hopefully "prevented." Faulkner also feltstudents could be of great assistance in drafting legislation and conducting research for "impact litigation" cases. In regard to the role of legal service attorneys, the lawyers were of the belief that, at the very least, their role should be one of "advocate" for the individual.For example, if an elderly person desires to refuse the help of a social service agency, he should be able to have his views represented. This concept of the legali "a vtonomy'' of the person produced a good deal of dissent from the social work professionals. Some social workers felt that the lawyers had too narrow an approach to the problem; that the lawyer should consider the expertise of professionals in other disciplines along with the client's wishes in arriving at a plan of action for that client. To resolve the tensions between the professions, various suggestions at cooperation were offered. One suggestion involved expanding the traditional role of legal services to include a social work contingency that would deal with family, housing, and related problems. Another suggestion was that social workers give "in—service" training to lawyers to sensitize them to the problems of aging. f In the final analysis, the majority at the conference felt that law schools and'legal service programs could have important roles in securing the legal status of the elderly. In fact, both law schools and legal "services could work together through the avenue of course offerings, clinical programs, "p^eventative" law research, and "impact litigation." It is hoped that more law schools will consider such a plan of action so that "law reform" work is facilitated and the elderlythereby benefitted. 8 Turn of the Screw by Chris Carty Law students who have not received a Tuition Assistance Plan (TAP) award notice from the New York Higher Education Services Corporation should not panic! You still will be able to register if: 1. You filed your application before September 15, and 2. You are on a list provided to the Office of Student Accounts by the Services Corporation of all students who have filed before that dateand 3. You are currently registered for at least 12 credits, you will receive a $720 credit to your account for the purposes of registration only. In other words, all full-time students who applied for TAP, whether or not they expect to receive the $420 SUSTA award, will be credited as if they do get SUSTA. This mearrs that to avoid a check-stop on registration, a law student must pay the difference between the amount on his/her account and $720. This arrangement does not relieve a student of liability for this amount ($720). If a student ;s ineligible for SUSTA, he/she will still be ' responsible for this amount on his/her account and will be billed accordingly on the spring bill. I am attempting to obtain a copy of "the Isit." If I am successful, it will be available both in my office (Room 303) and in the admissions office on the third floor of O'Brian Hall. Finally, students who have now or expect to receive NYHEAC checks soon will benefit by this arrangement. If, as each NYHEAC borrower must do, the student presents the check to, the Student Accounts Office for endorsement now, and the student has not paid his/her bill, and the student meets the criteria listed above for receiving the $720 credit, he/she may ask that the $720 not be deducted from the check, tf the student, then clears the remaining balance on his/her account, the Student Accounts Office will endorse the check. A Final Caution. Any law student who has any questions about whether or how this arrangement applies to him/her should discuss his/her particular situation with me before trekking to the Office of Student Accounts in Hayes A. A speaker at the recent conference on the aging suggested thatefforts are needed to "tie up the humanizing strands" left hanging by a fast-paced society. One downtown church made such an effort with a free Thanksgiving Day dinner for about 100 of Buffalo's elderly, including these two women. Bubble basketball standings Team 5 (Legal Eagles) Team 6 Team 14 (Naked Lawyers) Team 4 (Hairy Hands) Team 11 Team 12 (The Chiefs) Team 3 (Team Canada) Team 2 (Captain Beyond and the DeBubs) Team 1 (Charge) Team 8 (Contract Police) Team 13 (Jerry West's Supplement) Team 10 (Ultra Vires) Team 9 (Nolo Contendres) Team 7 (Joint Tort Feasors) 7 5 5 5 4 4 3 4 3 2 1 1 0 0 ' 1 1 2 2 2 3 3 4 5 5 5 5 6 CLASSIFIEDS ROOMMATE wanted for large 3 bedroom Apt. on Main) Lisbon Beginning Jan. 1. It's nice clean'apt., not part of slums. Male Law Student or Graduate student preferred, Reasonable rent. Call (Just off 837-4078. graduate or professional students preferred. 884-7859 (evenings). Aug., — ANYONE ■ interested in playing indoor soccer at the Bubble, Wednesdays 5-6 P-m-. please contact Mike Pilarz or Dave Voisinet at FOR RENT, furnished 886-2688. The remainder of the schedule will be played starting January 20, 5-bedroom faculty home, 1977. Playoffs will follow; if money is obtained from the SBA, awards dlst one block from Main St. THE ASSOCIATION of Women Law Students offers busline, available Jan. to the winners. - opportunities to socialize, exercise, gain experience and attend a national conference. We fiave offered .to act as liaison between', potential volunteers and Community organizations, to fulfill any expressed need. There is no formal membership list and no dues. We communicate freely on the door of room 509. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-12-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/2/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4921a6433467edb34ed63df6a8354af3.pdf 840a930e0c9560d98cb778755a37ccbc PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo. New York Permit No. 708 State University of New York at Buffalo School of Law Volume 17, Number 5 Fenton lecturer speaks on children SBA president questions Law Review allocation don't give decent houses to the migrant workers," concluding, "There is blood on my father's hands." Coles related how the whole social mechanism was activated by by Robert Selcov the boy's behavior: school psychologist reports content of An allocation to Buffalo Law composition to the boy's father; Review editors from a special "treatment" is suggested; boy fund designated for studentneeds .-■ continued on fjuge eignt has recently drawn criticism from because they Appointments attempt temporary solution Robert JeanGraziani Coles, M.D., the way in which a child's political perceptions are treated child by society: psychologist, author of the A Southern multi-millionaire Pulitzer Prize-winning Children of grower employed large numbers Crisis, gave the annual Fen ton of migrant workers in "labor Lecture in the Law School's Moot camps," where the working areas Court Room last week. Coles, and living quarters of the migrants research psychiatrist at Harvard were guarded by truckloads of University's Health Services, is armed men. also a poet and literary critic with The grower's ten year-old son a biography on William Carlos started asking questions like, "Why are there guns on those Williams to his credit. Coles, defining his orientation trucks?" and "Why do migrant as that of a scientist-humanist, workers get thrown in jail by the spoke Oct. 27 about the sheriff for being sassy to the relationship of young people to foreman?" Then the boy wrote a political authority. He told what composition for school stating he said was a true story indicating that the "growers are bad people Mabel jepson, associate librarian and Louise Tucker, reference librarian, have been named acting co-librarians at the SUNYAB Law Library. Jepsonand Tucker were named through the joint recommenda- tionsof Eldred R. Smith, director of the university Libraries and Dr. Thomas E. Headrick, dean of the Law School. A Search Committee for a permanent law librarian will be named in the near future. As co-librarians, jepson and Tucker will oversee the operation of the Law Library which serves 420,000 UB students, faculty and practicing attorneys throughout the area. The 210,000 volume library opened in 1973. Judicial candidates Pre-election session addresses women's issues by Alaine Espenscheid Newly-elected Supreme Court abuse, Ange emphasized that justices Irving Fudeman and "protective orders are a joke," William Ostrowski were among that a change in the law is needed. judicial candidates Ange favors evening and the participating in a pre-election weekendsessions of Family Court discussion on October 26, sponsored by the National Lawyers Guild, NOW, the Association of Women Law Students and the Unitarian Church. Addressing themselves to women's issues in the area of family relations law, the candidates discussed specific questions concerning wife abuse, matrimonial actions, child custody and support enforcement. The judicial hopefuls focused on the procedures involved in resolving family disputes including the speed and effectiveness of remedies available. Grace Marie Ange, candidate for Family Court Judge, commented that in a child custody determination the only matter to be consideredis "what's best for the child" on an individual basis. Concerning wife November 4, 1976 Student funds available? Library problems by Opinfan John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 enforcement proceedings were "inadequate as hell." Commenting on changes in the law as a result of the women's movement, Fudeman pointed to the increase to make the court more accessible iin marriage contracts as an indicationof more equality in the to people. Two candidates for City Court marital relationship but cautioned judgeships, Barbara Sims and ! against the break-up Of the family Maryann Freedman, also answered structure. questions. S ims encouraged Ostrowski did not see any women to become more involved possibility that the New York law judicial the She in process. expressed the feeling that less The American College of attention should be paid to victimless crimes such as Legal Medicine is now accepting applications for the homosexual marijuana possession, 1977 Let ourneau Award, behavior and prostitution. Describing jail as a "zoo for presented annually to the people," Freedman suggested outstanding paper on legal alternative sentences be made medicine written by a law available and called for a student in an accredited $250 cash comprehensive study of New program. A and consideration York's sentencing and parole honorarium publication for the Journal in system. Candidates for State Supreme of Legal Medicine are made to Court attending included George the winner. Deadline: January Blair, Irving Fudeman, William 31,1977. � � Ostrowski and Thomas McGowan. The Association of Trial Blair noted theft the support ' * would recognize the crime of rape by a husband against a wife and cautioned against the use of pro se default divorces. The question and answer session provided the 60-70 people attending an opportunity to evaluate the candidates on their attitudes toward women's issues and the seriousness with which they approached their ■esponsibility as judge if elected. Lawyers of Americaoffers the Environmental Law Essay Contest. The theme of the year's competition is "Nuclear Energy: Legal Remedies for Lethal Problems." Prize is $100 with possibility of competition for $500. National winners will be flown to Atlanta for the delivery of their essays before the Environmental Law Section of ATLA. Deadline: April 1, 1977. Additional information is available in Room317. Student Bar Association President Barry Fertel. Fertel has charged that the four senior editors received a total of $1,000 from the fund despite recommendations against the allocation. The Jaeckle-Abrams Fund, a trust fund donated to the Law School in 1967 by Edwin F. ]aeckle (class of '17) and David Abrams, produces approximately $10,000 per year to be used at the discretion of the Law School Dean to aid students. The Law School Faculty Budget and Policy Review makes Committee recommendations to the Dean concerning how the fund's money should be distributed. Ordinarily, the Dean follows the committee's recommendations, but has the power himself to decide how the moneyis to be aflocated. Allocation of a portion of the fund to Law Review editors was discussed at a meeting last May of the Budget and Policy Review Committee. The committee then consisted of faculty members William Greiner, Milton Kaplan and John Spanogle, and student members Thomas Bondy and Fertel. In past years, the law review editor-in-chief's summer stipend was an establishedallotment from the fund. The purpose of the summer stipend was to compensate those editors of the Review who had to sacrifice a portion of their summer to engage in clerical and editorial work, thereby reducing their earning capacity during those months. Fertet moved that the stipend not be given for the upcoming summer since, in his estimation, "the money no longer served its purpose since the senior editors had all secured summer employment, some at very high salaries." Fertel said that the Committee agreed that the stipend be denied absent a greater showing of need on the part of the Law Review editors. Former Law School Dean Richard Schwartz, who chaired the Budget and Policy Review Committee when the Law Review editors' summer stipend decision was made, said Friday that Law Review Editor-in-Chief Sanford Berland wrote him a letter late in the summer detailing the manner by which the editors had limited continutd on page eight - �November 4, OPINION 2 Seminar Nov. 11 Canfield chbsen Tax Reform Act 76 Asst. to Dean Dean Thomas Headrickrecently announced the appointment of Allan L. Canfield as Assistant to the Dean at SUNY at Buffalo Law School. In tbjs new position, Canfield will be responsible for Student Affairs, including orientation, commencement, Student Handbook,and S.C.A.T.E. evaluations. He will also serve as staff person on the Mitchell Lecture Committee. In addition, Canfield will be assisting Placement Director Jay Carlisle, particularly by speaking with first- and second-year students career opportunities. A seminar on the new Tax Reform Act of 1976, limited to members of the bar, is set for November 11 in the Moot Court Room. A seminar on the same subject for law students will be scheduled for a future date, according to Jay C. Carlisle, 11, assistant dean. The new law, among other things, drastically changes the system of taxation of estates and gifts and the income taxation of property passing upon death. The provisions take effect after Lawyers Guild takes on the Teamsters A dozen SUNYAB law students took part in workshops on housing discrimination, analysis of crime in America and desegregation featured at the National Lawyers' Guild Mideast Regional conference in Akron, Ohio. Guild chapters from Ohio, Michigan, Western New York and Western Pennsylvania participated in the weekend conference Oct. 22-24. A presentation by a new rank and file movement which calls itself the Teamsters fof a Democratic Contract generated the most interest among Buffalo. Guildmembers. The Teamsters workshop had four presentations. The first gave an overview of the industry from one of the organizers of the new movement who drives a truck for the United Parcel Service. She traced the historical movement towards concentrating the trucking industry into large corporations. Calling the labor management techniques of the UPS the "wave of the future," she described her working conditions as follows: "We are given no basic freedoms. Thecompany regulated our hairlength and monitors the way we press our uniforms and polish our shoes. We are timed with a stopwatch to measure the efficiency with which we unload trucks. It's incredible, much worse than the army." 1976 A second speaker was a Detroit attorney, Ann Thompson, who became involved in the movement at its inception approximately six months ago. cof the members to see whether or r not they supported such an iincrease. The arrogance of the Teamster's leadership in almost every position and on every level rnecessitates that the union's (control be brought back to the (predecessor," he said. The final presentation was [made by Ellis Boals, another Detroit attorney. He, like Ann Thompson, criticized the procedures as "a farce, Igrievance totally ineffectual in giving the rank and file a remedy against labor leadership." Nonetheless Boals felt that the workers he represents should present their " < "Lawyers can bring many causes of action created by the Landrum-Griffin Act. However, the possibility of ever successfully challenging the International's leadership by doing so is extremely remote. The Boys Market case, handed down by the U.S. Supreme Court in 1972, severely restricts the rank and file's ability to litigate grievances in the courts which could be submitted to arbitration. Moreover, a groundswell from the rank and file ts the only way the membership can democratically regain control from the current leadership," Thompsonexplained. Thompson suggests that attorneys are indispensible in aiding workers to press their grievances against the union, and creating pressure upon the leadership. Since she joined the movement this year, she has seen it spread from Detroit to the mideast region, and outward toward both coasts. The dissident membership publishes two newspapers, Convoy and Upsurge, written by UPS drivers. In fact, the Union President, Frank F itz.simmons, was prompted to respond to the attacks by dissidents at the International's convention in Las Vegas this year. At that time he told those who questioned his The management of the leadership to "go to hell." International not only fails to deal with the changing nature of trucking industry, but is in fact in Another attorney from Detroit bed with management, she has been concentrating on charged. The trucking industry is attacking membership dues that now at the mercy of a few large hive been illegally collected from corporations. The directors of the rank and file. He has these corporations and the represented members of the International's leadership "play Teamsters Union Local in Detroit on the same golf courses, eat at who took their leadership to the same restaurants, and have the Federal Court, again based on a same attitudes toward the rank Landrum-Griffin cause of action. and file," she said. "Not only had the Teamster's local in Detroit illegally collected For these reasons, she the increase they assessed in explained, the Teamsters for a membership dues, but the Democratic Contract was formed. International itself tried to do the It is a response from that part of very same thing at its 1976 the membership which is "fed up convention in Las Vegas," he said. with the Teamsters' corrupt "It raised the membership dues leadership and its goon tactics." by fiat without ever taking a vote j. i ,: Vri,<; ■ :-■!>. ' '' ''' - case in court to keep the democratic activity in the International alive, and to provide challenges to the leadership's complacent attitudes. The TDC has no activity in Buffalo at this time, the representatives said. However, several members of the National Lawyers' Guild have suggested that they are willing to do legal work should a rank and file movement develop here. Likewise, Professor Jim Atleson has been in communication with the organizers of the TDC and has indicated his willingness to offer assistance to them as they need it. December 31. Organizers of the seminar have noted that the changes will have far-reaching effects and many willsand estate plans may require review before the end of the year. Professors Lou Del Cotto and Ken Joyce and Attorneys Geojge Zimmerman and Gordon MacLeid will be seminar panelists, with Professor Al Mugel as moderator. Emphasis-will be on the problems of the general practitioner in conforming clients' wills and estate plans to the new law. Specific subjects to be discussed include the change from the exemption system to the credit system; the new unified gift and estate tax; changes in jointly held property and tenancies by the entirety; changes affecting closely held stock and farms; new carryover basis for property passing at death; 'fresh start basis as of December 31; new ' return requirements; redemption of stock to pay estate tax"; and installment payment of estate tax. The seminar will be held from 1:30 to 5:00 p.m. with a cocktail party from 5:00 to 6:00 hosted by the Trust Department of the Liberty National Bank and Trust Company, which is co-sponsoring the program with the SUNYAB Law School. There will be no charge for the seminar and reservations are not required, but persons planning to attend' should call Allan Canfield at the Law School (636-2057) or Jay Carlisle (636-2056). State and local issues New program focuses on government law A new program focusing upon issues in state and local government law is emergingat the SUNYAB Law School. The State and Local Government Law Program is an innovative response to the needs of the various segments of the population to which a contemporary law school should respond, according to third-year student David Deutsch and Professor Milton Kaplan, co-chairpersons of the program's board of directors. "As the implementation progresses, the program could provide another step in establishing the law school as a leading national institution," Deutsch said. The Program is designed to achieve several purposes, board members said. It is to be an educational program in the traditional sense observing students through a regular course structure. The more conventional offerings are being political science, and management program and setting the processes students developed by Professor1 in motion, he explained. John M. Thomas of the School of "Although student involvement Management. has for years been salient at this In addition to the educational institution, the degree to which opportunities for students this Program has become a joint attending the Law School, effort is unusual," according to periodic workshops and board member F. Allen conferences will be sponsored to McDonogh. serve the needs of practitioners In addition to co-chairpersons and to assist attorneys wishing to Kaplan and Deutsch, the interim keep abreast of developments in structure includes an Academic local government law. Program Committee, chaired by A major thrust of the program David M. Ascher, a second-year is the promotion of student and student; an Organization faculty research and writing on Committee, chaired by F. Allen contemporary problems in state McDonogh, a third-year student; a and local government law. Worthy Projects and Publications products of these efforts will be Committee, chaired by Neil S. made available as periodic papers Cartusciello, a second-year to municipal attorneys and other student; and a Conferences and persons throughout the state who Workshops Committee, chaired by are engaged in work relating to Professor WadeNewhouse. state and local government law, according to board members. Plans are being made to develop an information center that will provide basic resources for municpal law research. Room supplemented by special training 412 in O'Brian Hall has been designated to house the beginnings of a specialized programs such as the Simulated Law Firm Program in which there is a concentration on municipal litigation; a Seminar on State and Local GovernmentLaw Reform in which participants work on legislative proposals for Western New York State Assemblymen and Senators; a School Law Clinic; and, of course, in Public Policy Formation for taw, collection. "One of the most novel and exciting featuresof the program Is that it is being implemented through a cooperative effort of students and faculty," Deutsch said. A student-faculty board has Other members of the Board are: Marianne Ballistrea, second-year student; Steven Gerber, second-year student; Steven Polowitz, second-year student; Karen Smith, librarian; Pat Taylor, staff; Professor Daniel Gifford; Professor Jack Hyman; Professor Richard Schwartz; and Adjunct Professor )ames L. Magavern. Persons Interested in learning more about the Program or who might wish to become actively Involved with the Program are invited to either stop by Room 412 or talk with one of the Board been established which presently' is working out the structure of the members. �I/10MIH0 November 4, 1976 The numbers 3 OPINION game $600 million for 250,000 years of protection against 600,000 gallons wastes, and 200 metric tons of and by David Munro spent reactor fuel have not been Nuclear Fuel Services (N FS) Inc., which since 1966 has been the nation's first and only commercial reprocessing plant, announced last month that it would be closing down immediately. , In memoranda sent to the federal Nuclear Regulatory Commission (NRC) and the corporation's dozen utility customers, NF.S stated that the .project is "commercially impractical in light of regulatory requirements that have arisen since the project was initiated." The NFS plant, which "reprocesses" spent nuclear fuel rods into reusable uranium and plutonium, and stores the remaining radioactive waste, is located in West Valley, New York, about 40 miles fromBuffalo. NFS' latest troubles at West Valley began last spring, after the NRC, (formerly the Atomic Energy Commission) ruled that the facility would require extensive design modifications to earthquake protect against tremors. West Valley is located 29 miles from the Clarendon-Lindon fault line. NFS estimates that the cost of altering the plant in accordance with the NRC safety regulations, together with a planned expansion of the facility's reprocessing capacity, would have been about $600 million, and would have delayed a reopening until 1988. The demise of NFS raises several serious questions about the future of the nuclear power industry. First, will New York State, which owns the land on which the reprocessing plant sits along with 600,000 gallons of high-level radioactive waste be responsible for the cost of removing such wastes? A NRC report estimates that the cost of converting the waste into a solid form and removing it to a safe burial-site could cost as much as $480 million. safety Second, will requirements make nuclear power so expensive that it will not be able to compete with other forms of energy? For decades, proponents of nuclear power have planned on the chemical reprocessing of "burned-up" .iMckar-fuel rods from atomic plants to provide recycled sources of nuclear fuel, in order to reduce the cost of nuclear energy. NFS entered into a contract with New York State in 1966, making NFS a co-licensee of the reprocessing facility along with the New York Slate Energy Resource and Development Agcncf(NYSERDA), which owns theland. The contract, which runs until 1980, and which NFS has announced that it won't renew, gives NFS total responsibility for tbc operation,', surveillance, replacement and insurance of high-level radioactive waste tanksand a low-level burial groun I. Presently, underground steel tanks at West Valley, hold 600,000 gallons of liquid high-level, radioactive wastes, which will remain lethal for 250,000 years. In addition, there is a 15 acre. burial ground for solid low-level only - — ' from commercial nuclear reactors have been accumulating now for more than 30 years, there is still no place nor even any plan for their permanent disposal. Tobc points out that the federal government should be made to share any removal costs for two reasons. "First, the federal government has heavily subsidized the nuclear power industry since its inception by providing millions of dollars for research and insurance liability subsidies. If the government feels that nuclear power is to be our primary energy source in the future, then it must be prepared to share in the true cost of producing such energy. Second, 60 percent of the wastes at West Valley came from government reprocessed. Under the contract, however, N FS reserves the option of relinquishing responsibility for the plant if the corporation suffers ban k r v plcy or some other financial difficulty, provided NFS follows certain conditions. First, inspection of the high-level waste tanks which have a "life expectancy" of only 30 more must prove that the years wastes have been properly stored. Then, amendments acceptable to the NRC, who control the licensing procedure, must be formulated. Finally, the NRC must schedule public hearings on the whole consignment procedure, which will enable interested individuals and groups to intervene and participate in the ultimate solution. Marvin Rcsnikoff, a nuclear physicist with NYPIRG and the local chapter of the Sierra Club, would like to see the consignment clause of the contract attacked. "For one thing," points out by Bill Berry Resnikoff, "utilities who ship spent fuel rods to NFS cannot be "And the question remains it charged for the cost of solidifying Massena 's action will spur voters the liquid wastes under their in other communities, frustrated contract.' ■ ; ■ ■ and angry about rising electric "If New York State becomes costs, to also consider taking over responsible for the removal of the utility systems and operating waste materials, they will incur them ona municipal level. this cost which should certainly 'If Massena goes, can Niagara be a "reprocessing" cost borne by Falls be far behind!" one state the utilities," he said. Rcsnikoff official, who asked for would also like to sec Getty Oil, anonymity, asked. 'And if that which owns 83 percent of NFS' happens, will Buffalo, Rochester, stock, become liable under the and Syracuse be farbehind?'" contract. "We're looking into New York Times, June I, 1974 ways of 'piercing the corporate veil'," he added. Public power has been the Rich Tobe, counsel to biggest thinji lo hit Massena, N.Y. Assemblyman William B. Hoyt, since the 1944 earthquake. and a recent graduate of UB Law WoStchDStcr Coun ly officials School, would also like to sec the are in the midst of planning the federal government assist the takeover of Consolidated Edison. parties in any ultimate solution The Peoples Power Coalition, a both by sharing the expense of serious organization of labor solidifying and removing the unions, consumer advocates and highly radioactive wastes, socialist revolutionaries is estimated to be about $480 operating in perhaps twenty million, and in formulating a communities around the stale. technical solution to present One of Ihcm is Buffalo. The drive for public power is waste disposal problems. Regarding the waste disposal gathering strength here for two problem, NRC regulations basic reasons: utility bills, demand the solidification and expecially for gas in winter, arc removal of all West Valley becoming unaffordable for large high-level liquid waste to a federal numbers of people; the elderly depository within ten years. There and others on fixed incomes are arc two rather formidable expecially hard hit. Moreover, the obstacles to this requirement, undeniable and increasingly however. First, the technology well-known fact is that public required to solidify such a large power is cheaper. There is real and sustained volume of waste is not presently available. Second, although movement in this town around high-level radioactive wastes from the whole problem of the government weapons program unaffordable utility rates. The — reactors, and another 38 percent expected came from reactors outsideof the state," he said. The collapse of N FS alsoraises questions as lo the economic feasibility of nuclear power. Nuclear c conomisls had envisioned the reprocessing end of nuclear power generation providing enough reusable uranium lo cut vi .inium consumption in nuclear reactors and foster fuel-cost savings lo range about 15 percent. Bui this goal has remained out of reach due to intense governmental and environmental concern about the problems of dealing with pl'uionium a highly toxic substance that is also a raw material in nuclear weapons and problems encountered by would-be reprocessing plant - — operators. — continued on page seven Power to the people , , - — situation presents incredible other problems they have. ■ opportunities for socialists who Socialism is generally not warn to do something, and recognized as an alternativf by especially for socialist law people in this country. Wo-King students and faculty. The purpose for public power can help tv put of this article is to outline those socialism on the agenda becauseit opportunities, not to argue for public power's advantages or to give a detailed account of what the Buffalo group is doing. The movement for public electricity and gas in Buffalo is somewhat, unique in that an openly socialist organization, the Buffalo New American Movement (NAM) is taking1 a major role in doing the work und formulating strategy. This group is involved because the public power drive presents fruitful opportunities for socialist organizing. As outlined by Buffalo NAM, these opportunities involve: The ability to achievcan actual victory. People have to know that they can win. The sense of helplessness which infects the American people, besides being the result of a sterile bourgeois ideology, serves to perpetuate the conditions which give birth to it. The people of Massena won the public power fight and it is possible to win it here. The chance to speak to large numbers of needy and concerned people about how the system of private profit rips them off. The primary reason public power is cheaper is because municipal power companies don't have to pay dividends to wealthy stockholders. People understand this in a hurry, and begin to see the same phenomenon behind allows: Raising the concept of socialism in a way that makes sense to people. Community takeover of private industry is basically a socialist idea, especially if it involves attempts at utility worker participation and expropriation. And bringing it up in the context of a plan to help people elminate some of their everyday financial problems, lets them see the idea of socialism on a real way, not as abstract, book-type knowledge or pie-in-the-sky dreams. Raising socialist ideas in a way that doesn't scare people. Public power systems already exist all around the country; many municipalities have recently taken over their utilities. Beginning to work for an idea that's accepted this extensively is much easier than blowing up a bank or refusing to fight in a war or occupying the Public Service Commission's downtown office. Public power presents possibilities for achieving an enclave of power. Associations of proliferating municipal utilities could have the muscle to effectively fight the giant oil companies, which presently control energy sourses, by means of nationwide boycotts, lobbying, and lawsuits. The need and opportunity to involve the men and women who work for the electric and gas companies. One of the major groups which opposed public power when trie County did a pro-feasibility study three years ago was the 1.1t.1 .W local at Niagara Mohawk. This opposition helped to kill the county plan. With mounting rank and file discontent over incompetent management, especially among National Fuel Gas workers who don't even have the tools they need to join the new plastic pipe, and a probable strike against continued on paye six - �November 4,1976 OPINION 4 The President's Corner Inadequate state funding hurts students by Barry fertel On Monday, Nov. 1, I testified before the Board of Trustees of the State University of New York as to the needs of the student body of this Law School. I spoke of how the law students here are being cheated by the Law School's so-called benefactor, the State of New York: how we have been mistreated not just once, but on numerous occasions during our tenure in law school. If one examines the status of the law students, it becomes abundantly clear how we are being deprived of our needs. Beginning from our entrance into law school through to the long-awaited escape upon graduation, we are constantly being denied the best possible legal education. Upon entrance to law school, one encounters an exhorbitant tuition fee of $2000. Considering that it costs the state a mere $1760 to educate that student, the $2000 appears even more outrageous. Even though UB Law School charges the lowest tuition of any law school in this state, it is one of the costliest state-supported institutions of legal education in this country. In the state ps apparent effort to encourage greater enrollment in private universities in New York, the middle and lower classes have been discouraged from even applying to law school. It is the young people from these strata of our society who wilt find it hopelessly difficult to meet the heavy financial burden of a legal education. As if this heavy cost of education were not enough, the Bureau of the Budget, in its "all-seeing wisdom," unilaterally decided to eliminate in-toto the State University Scholarship, a grant intended specifically for those needy law students, who are least able to pay for their education. A corresponding reduction in student loans has made this financial burden even harder to bear. Although the student body was able to obtain a partial restoration of these funds, this alarming trend of denying an affordable legal education to the sons and daughters of the taxpayers of this state must be stopped. The State University of New York at Buffalo Law School, because it is the only publicly supported legal education institution in New York, owes itself a duty to the state's citizens to offer them the realistic opportunity of an excellent legal education. Should the student be able to overcome the financial hurdle of payment for his or her legal education, more obstacles await. During the first year of law school, students are rarely, if ever, given the impression that their education is at all relevant. There is no concerted effort on the part of the school's faculty to encourage student participation in community affairs. Consequently, the law school perpetuates its ivory' tower image t6 the As j future we will come to possess the invaluable skills to help effect change in our society, yet there is no coherent policy within the law school to enhance this awareness. Indeed, there is a socializing influence in our education to conform rather than change.. surrounding community. attorneys, Now that the student is both poor ana alienated, he or she must overcome stilt another obstacle, inadequate facilities. The law library is beautiful; isn't it? One might be so bold as to describe it as imagnificent but what benefit may a student derive from a library which fails to meet law school accreditation standards* The acquisition budget of the library, a paltry $128,000, is $70,000 less than the average acquisition budgets of the stale law schools in the midwest and in California. By neglecting to update the various reporters, our law school does not meet ABA standards for accreditation. A lack of awareness on the part of the central administration as to thfe materials required for effective legal research has resulted in a starved facility. Perhaps, the most frustrating experiences of my fellow students occurs at the time when they are faced with the debilitating chore of having to seek out employment opportunities. It was not until October, 1975, that this school first employed a full-time placement director. But, that is not enough. Wid* World of Torts "My love had no basis..." We need a fully-Staffedplacement offiie where students may go and ascertain where there are job opportunities. Last year budgetary constraints forced the loss of a secretary in that office. Students do not want a gift, they merely desire adequate servicing of their needs. Some might say that there are already far too many lawyers and that therefore the discouragement of entrance into law school is a positive goal. Nonetheless, there are many who deserve the opportunity to become attorneys, particularly from those sectors of society which presently are under'represented within the legal profession:, the working class, the poor, and the disadvantaged. It is these stud^pts who. should be encouraged to obtain a legal education so that they may represent the needs of those segments of the population who have not been represented in the past. In thisregard, many students at this law school are engaged in various programs to help those who are least able to help themselves. The clinic program not only affords students oppqrtunity to gain invaluable practical experience, but .it also provides legal services for the poor who wouldotherwise be helpless. In addition, many law school organizations sponsor programs designed to acquaint students with the needs of our '..the society. The funding needed to maintain both the clinic program and the additional community-oriented projects is miniscule when compared to the benefits which are reaped by not only the students, but by society as well. The expansion of these programs is an absolute necessity if our system of justice is to be fair to both the . ... rich and the poor.. ■ ■ It canape readily seen that many LOST MY APPEAL in "tall" students, at our law school strongly desire by Cher Pro Bono law and helped me bring suit against the to be effective advocates of our rapidly This week Wide World of Torts ventures entire faculty. ." 'Pat,'though, wasn't changing society. Unfortunately, the State parking the wilds of the lot. the to Here/in •■ sure about my standing' since the "... Suddenly the judgewas upon me, depths of the Amherst Tundra, Plutos, shortest tall person successfully bringing wildly pulling at my briefs. Before I could of New York has not seen fit to meet this Jaguars and Cheaters vie for precious little: action under the "Tall" Law Statutes had dp anything, he put on hisrobes and left growing need for effective legal advocacy. Students are being discouraged from even territory. It is a vicious struggle, perhaps ani been seven feet'eleven inches. When the the chamber. With all my pleading, cries of omen of those later decisions not yet Court of Appeals ruled against me, it sure anguish and oral argument, I could not applying to law school because of the bring him back. Many thoughts were racing prohibitive tuition fees; those who are handed down, from that truly Supremei did cut me down a peg." Court in the sky. [For a fuller discussion of Phil's case, see through my mind ... was this the end of it fortunate enough to gain entrance into law As with all struggles, there are the; "Tall People: Is it Raining Up There?" in all ... was I really going through all this school are faced with facilities that are lacking; relevant clinical programs are parasites: those who wait at the edge of the i 25 jabar Jabbar Law Review 611.] had I lost my appeal?" underfunded; many of us are unable to fray, to prey upon carcasses (carkey?). These were just two of the wonderful Perhaps a few of you have noticed this new excerpts from last week's issue. Or the telling story of a young locate employment because of an parasite, perched at the edge of the parking '. I spoke with the mastermind behind this revolutionary of the 1960's entering Law underfunded and understaffed placement shortage. It is thatsmall magazine rack that ; new rag in my office yesterday. He is a School to help people, and to learn how to office, a bare necessity at any fine law houses: "Legal Lonely Hearts: The i former Judge's Advocate, Sgt. Jerry T. force social change on the unsuspecting school. Magazine for Single Law Students." In sum, students arrive at this school Pepper. When asked about his new Clash Consciousnessby Allrise Stevens. Those who returned to the green, phenom, Jerrysaid: "It was my first day in law school. I was with an idealistic perception of their legal verdant, abundant, plentiful, and most: "It was all sort of spur of the moment. I somewhat awed by the kids in their jeans education only to become cynics, of which bountiful pastures of John Lord O'Brian A need was felt, and I filled it! Lawyers are i and flannel shirts. I was wearing my Hart, there are already too many. It is time for the state to address this problem or society Hall, its trees neatly dying in their rows, lonely. Mostly they've learned how to Schaffner, Marx and Engels three were mortified. How could anyone i argue. People who argue are gonna be continued on page seven will suffer. contaminate this wondrous isolation. First lonely people, huh! I don't have to tell you there was "SANDY." that. Those who don't argue, walk around "I was twenty-one, tall and blonde, and quoting from the Code. It doesn't much in my first year of law school. I just matter which code.Need I say more?" absolutely adored Chief Justice Traynor, OPINION and implied warranties. They were soi McPinion: "But aren't there any law Volume 17, Number 5 November 4, 1976 meaty, something you could really get students who are interesting?" Editors: Cornelia Farley your teeth into. I met 'Ralph' at the candy Tanis Reid store, he'd turned aroundand smiled at mei jerry: "I will admit, there are a few who Louise Tarantino {you get the picture?) ... He was; have escaped the RPAPL. There are a few Business Manager: Steve Errante strong and virile, and really interesting. who don't go on about Dowerand Curtesy Ralph was the only law student I knewlat parties. However, even they are Photo Editor: Nancy Mulloy who didn't watch Monday Night Football. borderline. They've learned that people Staff: Bob Anderson, John Arpey, Jan Barber, Andy Cosentino,Maria Mossaides, He also SheppardizedAnn Landers. We had I love to hear about the 'Bloody Shorts' or Kirn Hunter, Bob Selcov, Jean Graziani, Becky Mitchell, David Munro, John three wonderful weeks together, and theni good old Hairy Hand but deep down, Privilcra, lohn Simson, Sharon Osgood, Ted Firetog, Joel Hockett.Dean Silvers, it happened. I found 'Ralph' to be ; even these lawyers slip into Chapter II and Patrick Stellato, Dave Ritienhouse. defective as a matter of law,and not fit for the credit for Bad Debts in stress Contributors: Bill Berry, Alaine Espenscheid, Bob Goldberg,Dan O'Brien the purpose intended at least not the situations." Photographers: Funk Carroll,Bob Citronberg ones I intended. 'Ralph' couldn't come Jerry now has a plane as part of the across with the goods so, I sued him Copyright 1976, OPINION, SBA. Any rcpublicailon of materials herein Is strictly prohibited spoils of his newfound success. The plane, under 2-313{b) of the UCC. without the express written consent ol the Editors. OPINION It published every two weeks, except for vacations, during the academic yeir. It is the student newspaper of the STale [Author's note: This excerpt is from "My called DeNovo, is coded with a West's Key University ol' New York at Buffalo School of Law, John Lord O'Brian Hill, SUNYAB Number Control Room. Jerry plans on Love Had No Basis (1012)."] Amhcnl Campus, Buffalo, N.Y. 14240. the vlewi expressed In this paper an ml neceisarlly adding two more Jets into the fleet those of |he Editorial Boarder Staff of OPINION. OPINION It I non-profit organization, Then there was Phil. "I was the only DePinto and De SantaMaria. Third clasi poitlgc entered 11 Buffalo', HO, editorial policy of OPINION ll determined collectively by the Editorial Board. OPINION 11 funded by SBA from Student Law Fen. Jerry also asked me to preview someof guy in my class taller thansix feet. Sure, it Composition: University Press at Buffalo. was fun playing basketball with these the upcoming in Legal Lonely Hearts to persons, but there were seriousdrawbacks. entice you into making that $.50 I stood out like v, sore thumb in aU my investment. Sohere are some extracts, from V, -•■■■ classes,l was always' getting called bn.iintil"1'."rtexi'^rthsHLH;^-1'1 r\y"/.,< '•',, ..",',.'.'. ', ■•'■- -'■' .. by John Simson I met 'Pat.' 'Pat' was an > , expert — . : , , .. . ' ' . — : , - — — *' , ., , , , ' •' �November^ 1976 5 OPINION _. Book review: Hellman: defending freedom of thought and speech Scoundrel Time by Lillian Hellman Introduction by Garry Wills 'Scoundrel Time is playwright Lillian Hellman's memoir of her 1952 appearance before the House Committle on Un-American Activities {HUAC). It is an important book because Hellman valued honor more highly than her career. She does not congratulate herself for her achievement but the achievement is apparent andworthyof imitation. 1952, the year Lillian Hellman testified, was a year during which fear usually prevailed over honor. In that year, America was still at war in Korea and Senator Joseph McCarthy won re-election. HUAC was an ordeal for witnesses. Garry Wills says in the Introduction that the public viewed the use of a Fifth Amendment plea before HUAC as an admission of guilt: "If it kept one out of jail, it also led, in many cases, to the loss of one's job." Playwright Clifford Odets appeared before HUAC on the day before Lillian Hellman testified, and his conduct before HUAC was typical of Committee witnesses. Three months before his appearance, Odets told Hellman: "Well, I can tell you what I am going to do before those bastards on the Committee. I am going to show them the face of a radical man, and tell them to go fuck themselves." When Odets actually testified, he was a friendly witness and' namedold friends as^Communists. It is somewhat surprising that the Committee subpoenaed Hcllrtun. She had never joined the Communist Party, and she says that she "didn't know much about anybody's Communist affiliations." However, Lillian Hellman was living with novelist Dashiell Hammett in 1952, and Hammett was a committedradical. She had played an important role in Henry Wallace's 1948 Presideni.il campaign, and Communists had been influential in Wallace's bid. Garry Wills says that what really drew HUAC's attention to Lillian Hellman was her sponsorship of the 1949 Cultural and Scientific Conference for World Peace, which was held at the Waldorf-Astoria Hotel in New York City. Because the Conference included intellectuals from among them the Communist countries composer Shostakovich it was vigorously denounced by a nti-Communist intellectuals. The fact that the presence of someone like Shostakovich could evoke angry picketing outside the Waldorf-Astoria is evidence of the psychosis of those times. Two days before she testified, Lillian Hellman, with the help of.her lawyer, Joseph Rauh, wrote the Committee a letter. 'The letter stated that Hellman would waive her Fifth Amendment privilege if the Committee would agree to limit its questions to her views and actions and not ask her to name other people. If this offer were refused, the letter continued, she would plead the Fifth Amendment. In other words, Lillian Hellman was willing to risk a probe into — —- SBA is inviting all students to attend the next meeting when the body will discuss and vote upon a proposed new constitution and by-laws for the students' governing body. If approved by the directors, a referendum for the student body to approve the new constitution and by-laws will be held within 15 class days. The meeting is scheduled for November 9th, Room 109, 6:30p.m. , ~ her own acts and opinions but unwilling to expose people she knew to harm. The central part of the letter to the Committee is a statement of Lillian Hellman's moral principles; her statement ■ is remarkable for her courage and the strength of her principles. "I am not willing, now or in the future, to bring bad trouble to people who, in my past association with them, were completely innocent of any talk or any action that was disloyal or subversive. I do not like subversion or disloyalty in any form and if I had ever seen any I would have considered it my duty to have reported it to the proper authorities. But to hurt innocent people whom I knew many years ago in order to save myself is, to me, inhuman and indecent and dishonorable.I cannot and will not cut my conscience to fit this year's fashions ...."■ HUAC's refusal of Lillian Hellman's offer to testify on the stated terms constrained her to plead the Fifth Amendment. When one of the Congressmen put the letter ipto the Committee record, Joseph Rauh surprised Hellman by distributing copies of the letter to the press. Rauh's act accomplished its purpose. After the press had read the by TanisReid letter, someone in the press gallery said in a loud and distinguishable voice, "Thank I don't know what it is, but whenever God, somebody finally had the guts to do I'm around older men wearing grey suits, I it." Lillian Hellman had shown that even in have an instinctive sense to speak loud and those gloomy days, heroism was still clearly during the introduction, being possible. particularly careful:, to include Mr. Integrity is often measured by the So'n'So's full name after the how do's, but suffering that a person is willing to bear for afterwards to only respond to Mr. the sake of her principles. Lillian Hellman So'n'So's questions or remain politely was prepared to go to prison for her quiet until he and my father are finished. convictions. Her use. of the Fifth But Dad isn't here this time. But, then Amendment to protect others was, again, I'wouldn't be here either, if they technically, an act in contempt of hadn't wanted me to be. They are paying Congress. Lawyer Thurman Arnoldwarned for the plane ticket, aren't they? her that this use of the Fifth Amendment It might even be enjoyable. It's been would landher in jail. quite a while since anyone singled me out Although she was never indicted, to ask personal questions. AH my friends Hollywood blacklisted her and her and family tired of the "I don't knows" lucrative screenwriting career was finished. long ago, and stoppedasking. "I had gone from earning a hundred and Actually, this could be sort of like a talk forty thousand a year (before the novie show. Many nights I've sat watching Carson blacklist) to fifty and then twenty and and planning my personal debut on the then ten " She had known before she show: certainly I wouldn't say the dumb testified that her stand before the things a lot of the folks on his show say. Committee would mean painful I wonder what image I should use. consequences: she and Hammett had Perhaps the Lauren Hutton look. No, can't offeredtheir beloved Westchester, New afford that one. How about the wide-eyed York farm for sale before her appearance, openness of a Shirley MacLaine? No, this and she describes the sale as "the most place isn't looking for the innocent painful loss of my life." approach the l-know-a-lot approach Lillian Hellman feels little anger toward would probably be better. Also, it's a the politicians responsible forher troubles. pretty conservative place. Maybe Miss She had expected men like Senators Brooks. Probably I should prepare some of my McCarthy and McCarran and Representatives Nixon, Walter, and Wood answers. Why did I go to law school? How to act basely, and they did. Her real anger do I view the ejyjerience? What has been is directed against thoseintellectuals of the the focus of my research? In what kind of McCarthy period who either cooperated law does the attorney for whom I clerk with the Communist-baiters or remained specialize? Go through these answers one more silent. Hellman belie yes that because time. I've got 'em. Remember, don't get bogged down. Whatever you say, sound intellectuals claim to believe in freedom of thought and speech, they are obliged to like you know what you mean. Right. defend people who are attached for Don't get nervous. I can't help it. Look, exercising those rights. The claim that such Carson never invited anybody on his show an obligation exists seems to be valid: if a to give him a hard time. Right. I wish I hadn't worn beige I look like person professes to be searching for truth, the carpet ... the furniture. then he ought to protect others in their the walls Obviously they like beige. If I worked here search for truth. beige. I'd hate Cool it. Heltman's position that intellectuals are "How do you do, Mr. S'n'So. Yes, a obliged to aid political dissidents suffers from the same weakness as her claim that very pleasant flight, thank you." No, I'm people should not betray others to protect not anybody's daughter, and I didn't come themselves: both principles assume that with a date who works f6r your firm. I'm people are capable of a high degree of here to do the talking. He knows that. Yea, self-sacrifice. Experience seems to show I know; I'm the one who can't believe it. that self-interest is the primary human Cool. Right. "Very well. No, I didn't think it motive. Nonetheless, Scoundrel Times challenges selfishness with an ideal of necessary to include it on the resume. nobility that has been lived. the LSAT than my friends whq 1' by Bob Goldberg get into ÜB, but not quite as well as my "" Lower Outside Corner — ... . * — friends who got into Harvard and Yale." "Law review?" Geez, didn't Ed warm this guy up? Where is Ed anyhow? "No, actually, I didn't even compete for the board. I needed money and thought 1 could get money and practical experience with "a job, rather than just the experience with the review." "Articles editor on the HarvardReview? I imagine that was the best experience you could have had to prepare for this job better than clerking Well, actually, some of my best friends are on law review." "Yes, I clerked for a litigation firm in Buffalo. The other job on the resume? No, it's not very legally-related. That's right writing hockey stories for a local newspaper. From the South? You couldn't have seen much hockey as a kid then. But it's very big at Harvard I understand. Sure, not much time Harvardlaw must be very demanding, particularly with the review." "No, no children. Un unh, not divorced. No, really, 'still single. Kind of birth control?" Geez, I wasn't prepared for that one. Maybe not heavy enough on this Miss Brooks look. No need to get flustered. Would you answer that question on national television? Un unh. Okay. "Hmmh. Well, I think that 's not really relevant." Finally. Don't lay it on too heavy, but a little convincing. This guy's not looking for sincerity. "I came to your firm because I'm interested in drawing up real estate contracts for banks. I'm very good with details .. demand preciseness in all things." Don't go overboard. "I have a very strong background in English." "Yes, I am aware that you lost a suit on hiring discrimination last year and that you must hire females thisyear." Do you think he tripped me up there? Quite possibly. "Are you interviewing a large number of women? That is a good deal more than the five or ten students New York firms usually interview for positions. Yes, I can understand extra careful to protect against further allegationsof prejudice, and then, too, you are probably very selective." "That doesn't mean, of course, that you hire everyone you interview, just that you don't send out rejection letters. Sure, different firms have different policies, I guess." "It's been a pleasure for me, too. Awfully nice to have met you." Not much class not sending out rejection letters. You don't think they'll renege qn the offer to pay for the plane, do you:? NiiL,Think maybe I need an agent? .. — — — . - Yep. �November 4, 1976 OPINION 6 The clinical approach: survivor of the social sixties by Dean Silvers With Bob Dylan making the cover of TV Guide, Eldridge Cleaver gone businessman, Jerry Rubin peddling his wares in the grand tradition of Madison Avenue, et aI ad nauseum, one begins to wonder exactly, "Where have al! the flowers gone?" for indeed, it seems like a long time passing. As law schoolclinical programs were responses to the demands for dealing with reality advanced by Cleaver, Rubin and Dylan in the late 19605, how has the present drift away from social concerns affected law students' involvement with the real world? At SUNYAB Law School, the clinical program, which emphasizes dealing with the legal "real" world, is alive and, by general consensus, well, initiated in 1968 with a $30,000 grant from the Council on Legal Education for Professional Responsibility, it has grown from 20-30 students working 10 hours per week for Legal Aid, to 45 stud c nts with four facuIty members working on actual cases for credit. wide-spread clinical programs in in the Buffalo area, and prisoner law schools was taken by the Ford rights in Attica and Albion. Foundation's decision in 1960 to direct Professors Michael Davidson, in relation to the emerging fund the National Council on Law Jason Karp, Steve Lasher and (NCLC). The NCLC Rosenberg are instructors in the prominence of the university in Clinics. American society. One of the provided money for experimental current program, and generally programs, clinical but in relatively express enthusiasm and a high* vociferous of the opponents most trend away from practical training small amounts, in 1968, the Ford degree of motivation toward the was Jerome Frank, who in 1933 Foundation took another major program and its work. Faculty remarked, "that without giving up step with the funding of the support for the program as it is entirely the casebook system or Council on Legal Education for now designed is encouraging, the the growing and valuable alliance Professional Responsibility instructors say, particularly in a with the so-called social sciences, (CLEPR) which fundedSUNYAB period of trying financialtimes. the law schools should once more Law School's initial clinic. Under the state's austerity Buffalo's first experiment grew budget, clinic is a limited get in intimate contact with what clients need and with what courts from involvement exclusively with program. Students are chosen by and lawyers actually do." legal aid to a governmental lottery and must have fulfilled litigation program, involving the prerequisites. One of the major The pendulum had swung back attorney general's office, the goals of the program is within 30 years of Frank's di strict attorney, corporation maintaining a small remark, as legal educators began counsel and other government student-professor ratio, wonder whether legal legal agencies. But these instructors say. Expansion using to responsibility and skills could be "clerkships for credit" were internal resources is doubtful,and adequately taught in the confines criticized for lack of adequate Rosenberg, who is presently on of a classroom. supervision of students. When the leave, is seeking outside funding. Another factor which brought CLEPR funds ran out in June Dean Thomas Headrick is a about "clinical thoughts" was the 1971, the clinical program was strong advocate of the clinical social pressure which led in 1964 dropped. program and has said that it will to the formation of the Office of 11 was resurrected in maintain an important position in Economic Opportunity , (OEO) September of the same year, with the law school. He suggested that and the inception of the "War on the backing of then-dean Richard professors might teach clinic part Poverty" of the Lyndon Johnson Schwartz, Professors Wade time as one means of alleviating administration. Newhouse and Norm Rosenberg financial difficulties. The first major step toward and several interested students, as For the future, there has been an "in-house" clinic. Staff so me discussion of a members closely supervised comprehensive interdisciplinary students who worked on "service clinic" involving subject-oriented projects. instructors from various and is likely to result in further Originally educational law was disciplines. alliances with municipal unions chosen as the subject of most of already working against the law, the clinical work but under the Regardless of possible changes which can only strengthen the present program, subject areas in the program, its goal of drive for public takeover. have been expanded to include teaching legal ethics ana And for the more quizotic: Juvenile,Young Adult and Family professional responsibility on the We need to develop legal Law. For the future, clinic will road to "sensitizing" law students arguments in anticipation of the deal with Habcus Corpus writs in to their clients will be" the major condemnation proceeding. This Federal courts, Welfare decisions priority, according to Rosenberg. Professor Norm Rosenberg who has been involved in the program since its early years, sees it as a prime opportunity for law develop students to understanding and respect for their clients, an ability which is lacking desparately in many The apprenticeship system did not vanish immediately, but it did quickly lose popularity '' present-day lawyer-client relations." "It should provide students with an introduction to the lawyering process through teaching them about the range of skills lawyers must learn. We want competent, creative effective, lawyers," Rosenberg said. Perhaps the best perspective on a program like Buffalo's is an historical one whichharks back to considerably before the 19605. Although clinical programs in the modern sense have had a short lifespan, legal apprenticeship was the only training ground for lawyers prior to about 1870. At about that time, the study of law began to shift to the uni vc rsity where the "case method," developed by Christopher ColumbusLangdell at Harvard emerged as the standard method of instruction. Power to the people — continued from page three National Fuel Gas in February, there is a good chance we can begin working with thisunion and gain their support for public power. Private utility interests are intimately connected with the local and national ruling classes. This situation presents an excellent opportunity to educate people about the way a few wealthy individuals maintain control for their class. (For an example of how this can be laid out see The National Fuel Gas. Story, a NAM Utilities Project pamphlet, available outside the law school bookstore. Involvement of the state. The Public Service Commission's role as guarantor of the private utilities' profits is a particularly poignant example of government's subservience to the dominant economic interests. The monopolistic character of the utilities. The visible strangle-hold which is legally granted to Niagara Mohawk and National Fuel Gas over Western New York consumers, is a window onto the situation which pervades in all sectors of the economy. The involvement of people in democratic decision-making as a preparation for a new society. The people who work for the public takeover, and gain experience in operating a municipal system, will be seeing the possibilities for a more extensive and revolutionary socialist society, based on the How wii! the City of Buffalo pay for the condemned facilities? We need to know the possibilities for small denomination bond issues, the constraints of city debt limits, and the likelihood of changing state law to allow for the issue of special revenue bonds just for the purchase of the utilities. Where will the electricity and gas come from? The Power Authority of the State of New York, though mandated by its — enabling legislation to provide electricity to municipal systems preferentially to private systems and industries, is claiming its long-term contractural commitments to the private sector preclude municipal expansion with cheap PASNY power. (2/3 of PASNY power is now being "sold" to Reynolds and Alcoa.) Westchester County is fighting this right now. There is a chance that a municipal power system could force Niagara Mohawk to sell it electricity at PASNY rates, a chance that the long-term contracts could be voided, and also a possiblility that Ontario Hydro could sell us cheap power. The natural gas supply question is wide open. We have to avoid the creation of another unresponsive, corrupt, tax-eating city bureaucracy. Though most of the impetusfor a imaginative, and v i brant, democratic municipal power system will come from the people would chiefly involve justifying involved the . takeover, the inclusion of an "historical rip-off element" in the "just compensation" calculus. There are all kinds of possibilities with this tack: the utilities, for instance, have for yearsbeen figuring a 48% income tax rate on their gross income. The Public Sfrvice Commission computes their pet income, and, thus, allowable tates using this We have to formulate a 48% figure, in artier to guarantee petitioning will answer some of legislative strategy for repealing the utilities an approximate 10% the following questions, we need Taylor Law. The return on investment. The utilities to know the facts so we can argue the anti-labor of this "no-strike" law is have never paid this much tax and abolition intelligently for public power even to obtajnine (.Ujtjljjy. arc .reaping; the extra profits to v before'the -Study fs completed^ essential support'fsr 'workers' \he takeover,' show it. The historical deficiencies There are some basic questions: in experience^and principles gained themselves, these people need the in a fight ffcr. the achievement of a outline for a management systemi reform whjch democratizes a that could most effectively small sector of the economy. accomplish this. The bare bones They will hv more able to initiate of one would probably involve an independent (of the Common further democratic steps. What is needed of students of the Council), elected managing board, law right now is some basic representing neighborhood and much research. Though the feasibility utility worker interests. But study for which we are presently work has to be done on this. could be subtracted from a begin a petition drive with the valuation of their properties, on immediate goal of getting the the theory that the people are Common Council to appropriate getting back money that's been the $150,000 needed for a feasibility study. taken from them. But the arguments have to be developed. If you are excited about this campaign and want to work on Finally, just because you don't any of the suggested research consider yourself a socialist projects, help getting the petition doesn't mean you can't work for signed, or just donate money to public power. The local coalition the effort, please call 881-5073. already includes Slominski Copies of the petition fact sheet, supporters and definitely "Heat in Winter. Only for the non-socialist labor unions, not to Rich?" are available at the mention liberal-types. Somehow Registrar's desk on the third floor it's managed, already,Jo argue out or at the circulation desk in the and recognize differences and library. . �OPINION November 4,1976 7 student performers Music makes it better by Sharon Osgood "Music means as much to me as law. It is just as demanding as law, only it demands on a different part of my personality." Relaxing during a break in preparing for the Moot Court Competition, second year law student Tom Cook described the interplay of music and law in his life. "Music helps with law in terms of performing in front of people. I don't anticipate stage fright as a lawyer since I have already gone through that in music," he explained. Cook, a Mark Twain sort of character himself, plays mandolin and sings tenor with three other non-law people in a country music band called the Queen City Cut-ups. Cook has been with the band since summer and plays at Sardo's 3-D Lounge every Saturday night. The band also takes other jobs when they have time. Like most of the law students who are musicians, Cook is self-taught. "I can't read music," he notes, but despite that he has been playing for six years, and has been with bands as an undergraduate student at Antioch College in Ohio. He enjoys jamming with other people, but his basic style is bluegrass and he prefers to play just that. Perhaps the most well-known law school musician is John Simson, also in his second year. Simson plays for* a living, part-time now, but during a leave from undergraduate work which began at Cornell University and ended at SUNY at Albany, he worked under contract, touring the country and recording one album, "We Can Do Everything." A solo performer, singing and rrte sane while I'm going through law school," Simson noted. "But more than that, it is a presence that gives me some kind of confidence that no matter whereI am I'M be able to provide for myself." Simson describes himself as i• product of the Beatles' phenomenon. He is basically self-taught, having begun performing at the age of thirteen. He did flirt with classical guitar and voicelessons, though. •I • Third-year Rick Greenbergand hisflute entertain at a Law Scho.ol party. Becky Mitchell, another energelic second year student, sings and plays guitar, besides, being active on the Opinion staff, She is a Gpnjoist who played in in the Women's Law Association, ; a band with Tom Cook when she on the Buffalo Legislation was an undergraduate student at playing guitar, John plays during add Ffoject. She can be found /Antioch,Cdllege, too. Most of her the school year at UB coffee performing folk music of the Judy skill, acquired in the nearly four houses, Niagara Community Collins typ,e at afternoon UB 5years she has been playing, is self College, the Library Lounge, and coffee houses, and she is presently ttaught, she said. Mindy's Wine Cellar. "Music keeps rehearsing weekly with a Another second year student, country-western band, the Red IBob Kaiser, recently gained public is act recognition When their when he appeared Dog Saloon. ready, they will play for with the Ackerman Quartetat the organizations and parties, she said. I Law School's Octoberfurst Party. He has only played the one time with that group, but he has Mitchell's thoughts about previously played in the pit like Simson's. music are much I "Music is what helps me get iorchestra of ÜB's Panic Theater, :.through law school," she noted. which performs musicals. Kaiser misses the regular "I like it because it is something that brings people together; it playing he had been accustomed makes them feel closer, and it gets me away from law when I need some relief." to in undergraduate school at Gettysburg College, where he was part of a band and a jazz group. He plays both piano and trombone and has been playing \ s - i < * •• ' both instruments since the age of three. There seems to be a consensus among both the makers and the appreciators of music that it's a welcome relief from the tendency toward homogeneity among law students, -Simson put-it aptly: ''There's a surprising diversity of talent among UB law students." (Ed. note: A secondarticleon the diverse musical talent around the Law School will appear in the next issue ofOpinion J Placement propaganda She has been playing guitar since college at Syracuse University, and before that had sung in choirs in her home town, Jamestown. She has never had Judge formal lessons. Singer-guitarist John Simson feigns sanity as a product of Beatles phenomenon. - . another second year student, Katherine Niven. Niven just joined the Rye Whiskey Fiddlers a few months ago, but is already playing one was to be used in evidence gigs about once a week, in bars and at weddings and dances. against us. There are also soul-stirring ads such these: classified as Wide World of Torts from -continued page.three- ... piece, with an IWW watch chain incognito. I thought I'd be inconspicuous, but in fact was the only person wearing a suit in my section. The professor walked in. He was wearing jeans too. The. humiliation. I felt like taking ovef a building, trashing the bookstore, or boycotting the cafeteria ...•' 65 year old Senior Partner willing to make young female law student must a partner with my firm be a willing partner and have a of Yak working knowledge great be Yes, all this and more can yours in next month's issue of Matrimonial Law. Legal Lonely Hearts. Each issue -comes with complete, unabridged Young, lonely, Yak Matrimonial West Key Numbers, white book Specialist seeking gnu areas of citations, and circles and arrows practice. Sell Chanel No. with a paragraph on the back of 2-718(c)(1) on your campus York, N.Y. each one explaining what each Reply Box 11 Gnu - I BAR/BRI Early Signup Discount — January Grads Save $50; Save $75 May Grads By registering for the BAR/BRI Review Course by November 12, 1976. Bar — ... For more information, contact: , General's interviewed first-year students on campus. Positions in this program are still available for first-year Opportunities are available for students. All interested first-year first, second, and third-year students should immediately students in Judge Advocate contact Hampton at Room 205 General's programs for the Marine Federal Building, 111 West Huron Corps, Navy, and Army. Street, Buffalo, ,or at Marine Corps representative 716-842-3529. Captain T.E. Hampton recently Advocate Programs Appalachian string band music is represented in the school by Mike Cooperman 833-4151 Steve Deßaun 832-1X55 Tina Dolgopal 832-7389 Sharyn Rogers 875-9168 Mike Tantillo 833-4151 Reggies Nuclear power... — continued frompage three Co nstruction was recently halted on a reprocessing plant owned by Allied Chemical in Barnwell, S.C., which was supposed to cost about $100 million,but which might now cost one billion dollars if completed. blames A I I i _c d "closer-than-expected government supervision and fast-changing regulatory requirements" for the bulk of its troubles. Yet it is clear, according to .Resnikqff, that strict regulations must be enforced, because whatis be ing dealt with is lethal radioactive wastes which will be around for 250,000 years, and which cannot be released into the atmosphere under ai^ circumstances. "They pose long-term health and safety risks to the residents of Western New York and to the fish, wildlife and human iusers of Lakd; Eiienand Lake Ontario. Yet NFS has admitted that the tanks are vulnerable to rupture from sabotage or major earthquakes," he said. An understanding of the real costs of nuclear power will thus have to take into account the formidable technical problems and costs of waste disposal, Resnikoff maintains. "Proponents of nuclear power used to tell us how cheap it was," he noted, "But by insuringreasonable safety and environmental standards,NFS is now telling us that it cannot compete economically with other forms of energy generation. If nuclear power is as cheap as its proponents claim, then why does New York have to bail it out?" NBC, which will present an hour-long special on the problems of nuclear waste disposal in January, was filming at the West Valley site, la^^eek.', Robert Brown, Assistant Director of the Reginald Heber Smith programrecently visited the law school 'to discuss opportunities available for students wishing to practice law with public interest and poverty law centers. Representatives from the Reggie program will return to the Law School in December to conduct personal interviews. All interested students should obtain applications from the Placement Office and immediately submit the same to the Smith Foundation. Directorand Committee Placement Director Jay Carlisle will be available for individual consultation on Mondays, Wednesdays, and Fridays from 10:00 to 11:30 a.m. and on Tuesdays and Thursdays from 5:00 to 6:30 p.m. All first and second-years students who are interested in ioining the student placement committee should, sign up in .. '■;.Roonxio?:v. ■V. : /.'.'.. ",."'. ..■.,..■•■■ i i J *.IL i. ty �8 OPINION November 4,1976 Hoopla at the bubble Fenton lecture — continued from page one .. . IMPRESSIONS differently from the creativity of goes to family physician; boy a tormented Dostoievsky? Of a diagnosed as a "rebellious, politically sensitive difficult child"; boy dislikes and Solzhenitsyn?" he asked. Coles talked generally about wants to discontinue treatment; parents insist on treatment; one the ambiguities within the year later physician says boy has profession of psychology itself. "resolved his resentment towards his father." Coles finished the story: nine years later the boy is a college student and "the presidential candidate he favors lost in Kansas City." Coles enumerated the issues in the story indicative of American family socialization: how we bring up our children; how a child's beliefs are formed by his parents; how the role of the psychologist, secular faith's priest, establishes the values. "Why," Coles demanded, "aren't the child's perceptions, political awareness and social sensibility nourished and encouraged by parents, teachers and psychologists? should they be .. "What kind of mentality is it that takes ongoing life and submits it to self-consciousness?" "When does acting out stop and living begin?" he asked. Coles pointed "out that "the public expects redemption from us, and worse, we expect it from ourselves." Finally, striking a philosophical note, Cole suggested that this ambiguity within the profession is probably only indicative of .. confusion as a part of life itself. In his own case, he said, "I'm a wandering, cranky critic suspicious of ideologies (because they contain blindspots) and suspicious of answers." He likened Why it to Freud's "ironic despair and seen any yet persistent therapeutic effort." Reality suggests that first impressions are important. Your resume is not only a verbalcommunication of your qualifications. It tells another story a visual story. And it represents the first visual contact that a prospective employer has with you. the gospelaccording to Allocation LILITH questioned., — continued frompage one - their summer employment in order to work for the Review. Schwartz said that, in his opinion, the editors had made a University Press specializes in effective visual communi- receipt of the funds. He added that his decision was also based on his view that the Law Review "Is a very important part of the Law School and therefore deserves the complete support of the cation. We typeset, not type, your resume in a choice of six colors. Our paper is the finest. We stock a complete supply of matching blank sheetsand envelopes. We typeset cover letters and insert inside addresses. We type envelopes. And we offer a complete writingand consultationservice. Theresult: a professional resume one that makes an - impression. Call 831-4305 or stop by 361 Norton Hall. WE HELP YOU MAKE THEM sufficient showing to justify administration." In addition to the money received by the Law Review editors, last year Jaeckle-Abrams funds were allocated to finance teaching assistants for the Minority Student Program, a research assistant for the State and Local Government Law. program, and a trip made by members of the Strassberg International Law Society. The Jaeckle-Abrams Fund is one of many discretionary resources at the disposal of the Dean. , ... is seeking information about events of interest to Western New York women. Our December issue will introduce information on workshops, lectures, classes, absolutely everything of interest of women in this area. If you know of material which should be included in this special feature, call Linda Enke, 831-4305. Lilith is a new feminist quarterly, publishedby women in the Buffalo area. Subscriptions are $2.50 per year. Send checks to: 54 Green- field St., Buffalo, NY. 14214 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-11-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/4/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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New York 14260 State University of New York at Buffalo School of Law Close races fill vacancies in uneasy ranks of SBA October 21,1976 Controversy continues SBA rebukes treasurer but spares Fertel on gift by Rob Ciandella by Jan Barber Eighteen candidates, em ploying various media techniques to advertise their talents, competed for 14 SBA positions in a contest that was determined by a 20% voter turnout last Wed. and Thurs. The ballot was headed by a man-woman race for the position of First Vice-President. Vicki Edwards defeated Thomas Murphy by 15 votes, polling 135 tallies. Bob Kaiser was not challenged for the 'position of Newly electedSBA directors include: (bottom row, left to right) AndrewCosentino, Kathie Drumm, Paul Edgette; (top row, left to Second Vice President and he Larry Pitt, JeffreyLicker, Robert right) Mark Pearce, received a total of 156 votes. competed Ackley and ThomasLinden. for Four students three positions on the Faculty class Directors, the races were with 65. Larry Pitt received an Student Relations Board, with Bill determined only by the respective even 50 votes and Dean Silvers Martin leading the vote totals with class members. finished five behind Pitt with 45. Three persons were on the Mark Bender totaled 44 and 143. Mark G. Pearce polled 139 votes and Michael J. Tallon 135 to ballot for the three positions open Jeffrey Licker was granted a fill the remaining two positions. as Third Year Director. Paul M. position on the strength of his one David Alexander ran fourth, Edgette'"tallied 65 votes, Robert vote lead over Ted Firetog. finishing a dozen votes behind* L. Ackley 58 and Thomas Linden Firetog received 40 votes. John M. Gruber finishedwith 38 votes. 51. Tallon. Eight first year students vied These contests were all Lecture school-wide, with the entire for the six First Year Director student population eligible to positions. Kathie Drumm received represent a choice. I n the the most votes, finishing I^fcvotes selection of first.and third year ahead of Andrew J. Cosentino two The disagreement in the Student Bar Association (SBA) over a proposed $200 donation to the National Association for the Advancement of Colored People (NAACP) has culminated in the formal reprimand of the SBA treasurer and an attempt to reprimand the SBA president. The SBA directors, who make up the law school student government, voted six to two last week to formally reprimand treasurer Paul Lukin for "willfully and knowingly ignoring his duties" as treasurer and failing to inform the directors of hisrefusal to carry out his duties in regard to the NAACP donation. By the slimmest of margins, the directors failed to carry a motion to also reprimand President Barry Fertel for failure to "execute his duties with all deliberate speed" in pushing the SBA allocation to the NAACP through red tape on the Main Street Campus. The vote was four to three against with four abstentions. However, the SBA did reprimand Fertel, in a related move, for unilaterally extending the deadline for filing petitions to run in the SBA election. The vote was three to two with five abstentions. Fertel, after the Tuesday night meeting, labeled the reprimand a "personal attack to put me in my place." The reprimand of Lukin and the proposed reprimand of Fertel both stemmed from the SBA's attempt to donate $200 in student funds to the NAACP legal defense fund for an appeal bond in a Mississippi state court case. The SBA approved the donation cont. page 4 - Mitchell Speaker lauds foreign justice system SUNYselects Mann law exchange scholar by Louise Tarantino Proponents of the American system of criminal jurisprudence may benefit from a comparative analysis of this country's domestic Professor Howard Mann has of Personal Liberties in the law with the methods practiced in been chosen as a Faculty American Community," and civil law countries in Europe. Exchange Scholar for the SUNY of Mass system. He-is one of 14 SUNYAB professors and 100 professors throughout the system who have been invited by the Chancellor to take part in the program, which makes available to other SUNY campuses SUNY professors considered eminent scholars in their fields. ''Freedom Communication." Mann, who has been on the SUNYAB Law School faculty since 1967, holds a J .D. from the State University of lowa. He was law clerk from 1945-1947 to U.S. Supreme Court lustice Harold H. Burton, having previously clerked for Justice Rutledge of the U.S. Court of Appeals of the District of Columbia. He served as general Noted author detainment, pre-trial discovery and testimony by a criminal defendant. Noting the limited arrest powers available to police in civil law countries, Schlesinger described how the process offer evidence showing specific grounds for the detention. Additionally, in some countries, West Germany, for example, a comparison of the hardship of detention with the gravity uf the case must be made, Rudolf Schlesinger, a dominant figure in comparative law and this year's Mitchell Lecturer, encourages the comparison. In his Oct. 14 presentation, Criminal Procedure: A Plea for Utilizing ''Comparative Foreign Experience," Schlesinger supported "the pragmatic purpose of gaining perspective in appraising critically one's own domestic law." Schlesinger indicated that the ichlestnger, center, gets congratulations on lecture as Dean Headrick, right, looks on. differences uncovered in commenced by service of a he said. comparisons of varied systems of summons upon the defendant. He Examining another point of criminal procedure, rather than said that the "harsh and degrading comparison, pre-trial discovery, the similarities of the schemes, are routine" of physical arrest Schlestnger said the American common in the American system system is not as effective as that of fundamental importance. Labelling American domestic is not used in civil law countries. of civil law countries in the law as "archaic, unjust and indeed "It would be unthinkable to use "central function of the criminal perverse," Schlesinger noted that arrest for presumably innocent process attainment of truth." In civil law countries, both the study of the detailed natures of persons," he added. foreign systems could provide a Schlesinger continued, saying defendant and his counsel have an valuable learning experience. that pre-trial detention is the absolute right to inspect all the As a point of departure for exception rather than the rule in evidence compiled by the comparative study, Schlesinger civil law systems. He explained prosecutor, before the trial. presented details of a typical that a court order is necessary to Schlesinger noted that there is no criminal proceeding in what he authorize detention, and that strategy of surprise operating in termed "an enlightened civil taw standards for granting the order the process and that only in the country." He highlighted four are ex tern ely strict: the United States does unlimited major areas in the procedure prosecutor must have a belief that pre-trial discovery not exist. which differed greatly from the the crime was committed by the "The United States is ahead in Americanprocess: arrest, pre-trial person sought to be detained and cont. page 7 — Faculty Exchange Scholars are counsel to the federal economic to visit campuses stabilization agencies during the throughout SUNY for periods of Korean War and held a Visiting up to three days, with inviting Research Professorship in India departments and the scholars free with the Indian Law Institute available to work out the nature and time of presentations. Topics Mann expects to cover include "Powers of the President,'1 "Determination from 1965-1966. Prof. Mann taught at the Indiana University School of Law before coming to Buffalo. — �OPINION 2 r Ortnher21 l97fi Letters to the Editors Dodd: proposed gift not political Baiter andAndrews: SBA is 'law school socialized' To the Editors: My first dispute is with the characterizationof the contribution as a political one. This contribution was not made "in support of partisan political interests" (the phraseology used by dissenting SBA members). The NAACP suit concerned a boycott of merchants who practiced racial discrimination. Racial discrimination is hardly a hot political issue at this point in our legal history. A review of recent Supreme Court decisions as well as federal and state cjvil rights laws bring to light the firmly entrenched legal stance against racial discrimination.As law students, this should be fairly clear. Last edition's letter to the Editors stated that "University guidelines for the disbursement of student activity funds prohibit the Student Bar Association from giving to ANY political organization." This statement is not quite accurate. The guidelines prohibit disbursement ot funds to any charitable organization. The Sub-Board was not faced with the decision of whether the contribution was political, charitable or somewhere in between, since the contribution was banned in any case. This ban on all charitable contributions was not discussed prior to the vote for the allocationand, to the best of my knowledge, no one at the meeting was even aware of this broad restriction. The people who voted for this allocation did not do so with blatant disregard for university guidelines or the proper use of student funds. It should not be construed as a move to undermine the best interests of the students. A cry has arisen in response to this for a referendum on mandatory studen1 fees. While I support a referendum which would give students the option of abolishing their activity fees, I also feel that such a decision should be made rationally. The end of mandatory student fees could mean the abolition of all student groups and organizations funded by this money. The. referendum should not arise as a hasty response to a controversial allocation of $200. To the Editors: The position of the SBA directors Opposed to the contribution of SBA funds to the NAACP is a terrific example of the insidious nature of the law school socializing process. The objection to allocating funds for a "political" purpose because "the rules say we can't" shows thinking based on form over substance. Such thinking is great for legal automatons but sadly lacking forresponsible student representatives. If the dissenting directors feel the purpose for the allocation is right they should fight the rules and expose them for what they are worth. Instead they bow in blind obedience and let the system off the hook once more. If the dissenting directors honestly believe that such a contribution is not within the "student interest" we ask them to narqp something more in theinterest of prospective lawyers than lending support to a defense against a racist administration of law. JosephBaiter Kate Andrews Admissions response To the Editors: It was pleasing to see Opinion's Sept. 23 edition acknowledging administrative efforts carried out by individuals in Room 304 O'Brian Hall. The article by Becky Mitchell entitled "Who's who behind registrar's third floor wailing wall?" was timely in recognizing the energies spent in admitting and registering students for the Fall 1976 Monica Dodd semester. This office was especially pleased to note theapparent positive feelings toward Second Year Director the "on-line" drop and add capabilities recently made possible with the.addition of a computer terminal in the Law School. Considerable time and effort were devoted by members of this staff in making thisadded convenience a reality forlaw students. Unfortunately, the above mentionedarticle made no mention of the recent decision that the Office of Admissions and Records assume the full responsibility for Law School registration and Law School admissions application processing. Miss Helen Crosby, Assistant Director of Admissions and Records, assisted by Mrs. Linda Nadbrzuch, assumed these responsibilities in June of this year. It is significent to rjqts.thaf.the^suGcess of the Fall 1976 registration program can be attributed to their conscientious and courteous efforts. To.date, only positive feedback from law students, faculty, and administrators has been heard. It is for these reasons, that the conspicuous lack of acknowledgement of effort put forth by these individuals in assisting the Law School comes as a great surprise to this office. Our goal in assisting the Law School in their admissionsand registration efforts has To the Editors: been to alleviate administrative red-tape that has, in the past, detracted them from their program. It is hoped that these efforts will continue to be as successful as academic principle of the of student control over appalled understanding the lack of at I am evidenced in the registration program and that the Office of Admissions and Records can student funds evidenced by Mr. Citronberg's letter to Opinion carried in your issue of be of assistance to law students whenevercalled upon to do so. October 7. Point one: As a matter of principle, student monies should be completely under the Sincerely yours, control of students. James R. Remillard Point two: The Board of Trustees guidelines leave final approval of the Assistant Director for Graduate disbursement of mandatory student activity fees solely in the hands of the campus Admissions & Special Evaluations president. No appeal mechanism to either SUNY Central Administration or the Board of \ Trusteesis provided. (Ed. Note: Becky Mitchell mentioned the Office of Admissions and Records andrelated Point three: As a former student government president at a SUNY campus, I personnel in her story on the Law School registrar's office. Unfortunately, lack of space learned the hard way that foresight in the student government's characterization of an necessitated an editorial decision to cut Mitchell's story. Therefore, thisinformation was expenditure avoids unnecessary disapprovalsby the campus president. The SBA, once the deleted.) decision was reached to help the NAACP in their legal fight, should have probably provided $200 worth of services rather than call the appropriation a "donation,"whichis clearly in violation of the guidelines. The resolution approving the services should have OPINION also contained an explicit finding that the services being provided were of "educational value" to law students at Buffalo. Then, the SBA would have at least established its Vol. 17, No. 4 October 21,1976 guidelines, the and the burden purposes permissible under Editors: burden with respect to the Cornelia Farley would have shifted to President Ketter to show that the appropriation (of services) was Tanis Reid not permissible under the guidelines. Louise Tarantino Point four: Mr. Citronberg's characterization of mandatory student activity fees as Business Manager: Steve Errante (and to my erroneous. The students SUNYAB at a "tax" by the State on students is Photo Editor: Nancy Mulloy knowledge, every SUNY-operated campus) have self-imposed the activity fees by the approval of referenda. It seems to me that Mr. Citronberg's underlyingassumption is that Staff: Bob Anderson, John Arpey, janBarber, Andy Cosentino,Maria Mossaides, the SBA is so unrepresentative that it should be precluded from action where Kirn Hunter, Bob Sclcov, Jean Graziani, Becky Mitchell, David Munro, John well-intentioned students could disagree. The mere fact that the turnout for SBA Privitcra, lohn Simson, Sharon Osgood, Ted Firetog, Joel Hockett,Dean Silvers, unrepresentative. SBA itself fact, In desirable does make the not elections is far from Patrick Stellalo, Dave Riltenhouse. student government elections at SUNY campuses frequently have a higher percentage Contributors: Jeff Granat, Kathleen Niven, Kastle Brill Photographers: Frank Carroll, Bob Citronberg turnout than off-year elections for state offices. disapproval expenditure of an as Point five: Students should never use a prospective Copyriuhl 1976, OPINION, SBA. Any rcpublicalion of materials herein is strictly prohibited a ground for not trying to make the expenditure. Such a view ignores the principle of without the express written consent ot the Editors. OPINION is published every two weeks, help the whether to Let's make the decision as to of student funds. student control except lor vacations, durinit the academic year. It is the student newspaper of the STate provide the necessary justification to the campus decision and then University our ot New York at .Buffalo School of Law, lohn Lord O'Brian Hall, SUNYAB NAACP Amhcrsl Campus, Buffalo, N.Y. 14260. The views expressed in this piper are not necessarily administration. If this seem devious, it is well to remind ourselves of the frequent student contrary to those ot the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, by administrations campus arbitrary and ivory-lower decisions made Third class poslanc entered at Buflalo, N.Y. Editorial policy of OPINION is determined Citronberg, concerns. for one trust my fellow students with student monies, even Mr. collectively by the Editorial Board. OPINION is funded by SBA from Student Law Feei. Composition: University Press at Buffalo. infinitely more than Ketter and Company. Steven Gerber ■ Gerber: students should control money - I . ~ �OPINION October 21, 1976 3 Wide World of Torts Ask John Dean, or tipsfor young lawyers by John Simson Dear John, I've got a tough case, and I'd like your advice. These are the facts: One Joan, a quizzical science major, was asked out by Maxwell Edison, my client. He allegedly went to pick her up and as she was getting ready to go, a knock came from the door. It was reported that Maxwell's silver hammer came down upon her head, Bang Bang! Then, Maxwell went to school and created a disturbance. The teacher kept him after school to write on the board 50 times, "I must not be so Oh Oh Oh." But when she turned her back on the boy, he crept up from behind,and Bang Bang! As if this weren't enough trouble to be in, when Max was finally picked up and brought into court, he bopped the judge with his hammer. At the time, the judge was admonishing two women in .the gallery, one Rose and one Valeric; but both have refused to testify. • What do you suggest? Dear John, Just wanted you to know that the guys here at Berkeley think you're doing a swell job of advising young attorneys on the make. Just wanted to ask you about two new phenoms out here at the Law School. A bunch of us personshave started a law-oriented rock group, called Earl Warren and the Supremes. Our latest song goes like this: "I met him on a Sunday and my heart stood still, Da Doo Ron Ron, Da Doo etc. Somebody told me that his basis was nil, Da Doo Ron Ron (Allen) Da Doo Ron Ron" We have also set up a Consumer Clinic to teach young lawyers how to change Burger into Frankfurter. Abbie ■ Dear Abbie, .. I think that that sort of stuffis really swell. Right now I'm trying to get out to the campuses myself. Speak to all you idealistic young people. Visit your idealistic young campuses. Love your HarriedDefender in Harrisburg idealistic young money in my pocket. DearHarry, J.D. Make sure Max doesn't have another hammer. Closing Note: I would like to dispel the To Confidential in San Clemente: With rumors that surfaced after my last column your pension who needs a license to■ Simson on Jobs Too. Itiis entirely untrue practice. that my resumes were purposely destroyed. The spokesperson of the office's Remember: How. to Defend Yourself Department of Communications and Against Your Clients (with a foreword by Rejections assured me that they were Sam Peckinpaugh) another booklet for accidentally misplaced, and that I need not -young'attorneys: submitany others. - "' Turn of the Screw Incidentally, the TAP/SUS acronym If Joe Law sounds vaguely like an experience which you have had recently, has been re-scrambled for this year to SCENARIO: To his dismay, Joe Law do not despair. You have not been SUSTA (State University Scholarship for receives his bill for fall semester on misinformed! SUS does exist for law Tuition Assistance). It means exactly the Monday. His countenance immediately students who also receive maximum TAP. same as it always has the combinationof by Chris Carty turns dark and his manner becomes churlish. On Tuesdayj however, his mood improves a hundredfold when he receives his award notice for his Tuition Assistance Plan (TAP) in the mail and he learns he is entitled to the maximum TAP award of $300 per semester. "Ahh, now I am certain to elude vindictive creditors, vicious, unsympathetic landlords, and voracious starvation, at least for a semester," says Joe. "I can count on the $300 from TAP, and $420 from SUS (State University Scholarship). That's $720 toward my bill." Joe virtuously decides to go to the Office of Student Accounts immediately to pay the remainder of his bill. After waiting in line for an hour (at least!), Joe squares his shoulders and proudly steps up to the cashier's window with his TAP notice. He hands the cashier all the appropriate slips of paper and waits while she shuffles all the pieces of paper into piles. After a few minutes, she reports to Joe thathe owes $700 for tuition, plus fees, plus health insurance. Joe patiently he is entitled to $420 in corrects her SUS money because he is a law student. Therefore, he should only pay $280 for tuition. The cashier glares at him over her bifqCals. "Young man, there is no SUS anymore. You have'been misinformed. If there were SUS, we would certainly know about it!" Joe shuffles away, confused and worried. (Dim lights, play violin music). - * - - And, the Office of Student Accounts now maximum TAP and SUS. ! knows that law students' accounts should be credited with $420 in addition to the $300 TAP. Until October 11, the Office of Student Accounts had not been informed of the existence of these funds. However, the director of Student Accounts, William Calhoun, was present at the recent meeting of the University-wide Financial Aid committee where the SUS awards were finally approved. Calhoun assured Charles scholarship W.illin, the Registrar at the law school, that his personnel would be notified immediately of the procedure. So ... the purpose of this long-winded narrative is to assure any law student who has received maximum TAP award that a The National Wildlife trip to the Student Accounts Office will nol be futile. SUS students will now be Federation is offering credited for $720 toward their tuition a scholarship for a automatically upon presentation of a TAP qualified student. Details award notice showing the maximum award. on thisscholarship are AN ADDENDUM: You may have noticed that in my last column I quoted available from SUS as $425, while in this column as $420. Alan Canfield, Room 316 The SUS figure for the fall semester has or Phyliss Blendowski, finally been set at $420 (60% of tuition due after TAP credit), and tentatively set Room 317. The deadline at $455 (65% of tuition due after TAP for application for credit) for spring semester. Four-year law the award is students also will receive 60% of their December 31,1976. tuition after TAP credit. Of course, the spring award could change depending upon the number of students who receive TAP/SUS for this semester. Wildlife Federation offers �OPINION 4 Octnher 1\ Bit o' blarney SBA reprimands... — from expected someone else cont. Legal leprechauns assemble by Charles Murphy & Murphy. i Nominations for officers were entertained and elections were held, the results of which are as follow: James (. "Spike" Duggan, President; )ames ODea, Vice-President; Diane McMahon, Treasurer; Stephen Waterman, Secretary; Charles.Murphy, Social Director and Jeffrey T. Lacey, Seargent-at-arms. Upon ascension to the office, Duggan was heard to remark: "Jaysus, what an honor!" The Association plans to sponsor various acitivities and social events including, but not limited to: speakers, jigs, parties, an mslalLiUiimLulliu^^iuaa^^ * Alice Mann, a second year director who sponsored the motions for reprimand, said of Fertel, "I feel Barry was just kind of dragging his feet. He did not act with his usual speed. He did not push it through this time." Jim SsscVison, a third year director, said Fertel told him he would handle theallocation. Tom Murphy, a second year director arguing against the motion, said, "I just can't see blaming Barry, or even blaming Paul for what he said he would d 0... We voted for it (the NAACP donation), and then we St. Patrick's Day celebration, Monte Carlo night, and, of course, the annual celebration of John Lord O'Brian's birthday. A massive recruiting drive is currently underway. Membership law students, H ethnic origins, members I that anyone to have the Interested led to attend the lie time and place H.*rr ■!;'], ■ .1 unkoaw ttorney unkowto U.S. civil rights unknown ivan der Uyver, [he I aw School oi Potchef strom, an Afrikaans university in South Africa, was a guest at Lord O'Brian Hall last week. At Polchefslrom where he is unkowmeet Fri.; unknownbook sale have been for women law use the small gym in ill, Main Street campus, dnesday from 7-9 pm. ngements ted to Student Law Spouses on has scheduled an ational meeting for 26 at 8 pm in the Law tudent Lounge. $1274.00 were sold at the Law Used Book Mart this fall. who still have unsold the Mart should contact srmer 892-4432 or Louis 68J-3073 to make ents for book pick-ups. ilfl - j^i™ " — ■i| pi :> *^'" ■■■■■ i ji* a, Fertel denied that it is his duty follow through on budget allocations. "Only one time and one lime only, did I become involved in budgetary matters, when we got the bus for the trip to Albany {to lobby for return of the State University Scholarships for law students)... " Fertel acknowledged that he had discussed the allocation with Matthew Melmed, the second year law student who collected money for the NAACP at U.S. Fertel also said he had written the letter to Student Affairs and spoken to an administrator there about justification for the donation. However, he said, "I never thought it was my duty to follow up on budgetary matters." 10 paperwork. Professor Ken Joyce, center, moderates a social meeting of the Irish American Law Students Associationheld October 15. presently teaching legal philosophy and human rightsr van der Uyver focuses on the 1 the ball." However, Director Vicki Edwards said, "I don't think it's the duty of people who voted for an allocation to. go behind (the officers) and say did you do this, did you do this." that the allocation was not a proper use of student monies raised through the mandatory student fee. No money had been forwarded to the NAACP as of press time because the necessary forms and dpcumentation had never been passed an by the SBA to the Main Street Campus for approval. The Office of STudent Affairs must give final approval and allocate any money spent by the law school student government. Some SBA directors who had supported the contribution lo ihe NAACP blamed Lukin and Fertel for not forwarding the necessary The or'gjfw<ilional meeting of the Irish American Law Students Association was held in Ihc first floor lounge September 29, 1976. Although it was difficult to estimate the exact attendance figure, there was a general consensus that the room was inadequate for the purposes of the meeting and therefore it was adjourned and reconvened at 954 Elmwood Avenue, a/k/a, The No Name Bar and Grill. The meeting was chaired by Mr. Charles page to carry by a bare majority in late September. Dissenters then argued Jeff Lacey IQ7fi As to I 11kin, Mann noted a statement that Lukin had made to the Opinion that if Lukin felt directors were trying to get around State University guidelines for spending student mondy by a "sham transaction" he might refuse to sign the required requisition form. "Forgetting about the NAACP," she said, "he could do this, on any issue. It is not Paul's place to refuse. It is his job as treasurer to send in the requisition form. It does not matter if he agrees with the matter or not." . The six directors who voted to dei Uyver, P such a formula would provide According to van each tribal or ethnic group with sufficient political power to insure its needs are not ignored. The success of the present constitutional convention for Namibia will be a weathervane of the viability of this solution. However, the crucial question,'as van der Uyver sees itf is still one of whether or not whiles can be persuaded to give up so much political power as quickly as they differences between the South African and American systems for the protection of human rights. He explained that one major purpose of his trip to the United must. States was to keep abreast of recent developments here, particularly in the area of racial discrimination. While here, van der Uyver had meetings with various faculty members, and spoke to Professor Leary's seminar on international protection of human rights. He explained in some detail the apartheid system of South African and he spoke of various types of detention without" trial in there. Van der Uyver was particularly concerned with the political solution to these problems. He expects to see a black government in Rhodesia in the near future, instituted by factional bloodletting and a large white exodus. reprimand Lukin were: Mann; Edwards, Murphy, Yuhas, Dodd, and Essenson. They are the same directors, who had voted for the contribution to the NAACP. Two SBA members voted against: Gerstman and Citronberg. Kaye and .Fertel abstained. SBA members who voted to Fertel were: Mann, Gerstman .and Citronberg. Voting no were: Murphy and Kay. Those who abstained were: Edwards, Lukin, Yuhas, Essenson and Dodd. reprimand In South Africa, however, he sees encouraging signs of white willingness to accept a multiracial government. In particular, he envisions a type of power-sharing where each group would elect its Professor Johan van der Uyver, left, addressed a group of own representatives who would seminar students, including third-year student Dan O'Donnell. joing together to form a government. Such a formula would provide each tribal or ethnic group with sufficient political power to insure its needs are not ignored. �fV»*»h#r ?1, 1976 OPINION 5 Limits on precedent salvage system in political upheaval by . Andrew ). Cosentino "The Republic of Korea (South) requires political unity, organization, and a strong (because) national leadership survival is threatened ... I regret that some people in the United States are either unfamiliar with thjjse problems or see them simply n terms of (the) present igovernment's dictatorship and its denial of fundamental human jailed by the. Park Regime at one time or another. Defense of such conduct requires persistence, thoughtfulness, and, above all,' firmness. The words above are strong words, indeed —surprisingly strong for a quiet, diminutive man, who works in a small and unobtrusive office lost amidst the clatter and rights." It must take a special kind of courage to defend to a liberal-oriented, democratic audience a government so autocratic as the Park Regime. Most thinking Americans view the repeated trials of the opponents of the regim&as damningevidence of widespread abuse of the legal system that forms an indictment of a national political environment where all former Presidents of Korea or candidates for President, and all heads of opposition parties, have been Prof. MunDal Kirn bustle generatedby the Registrar's Office on the third floor of O'Brian Hall. But, tuckedaway in his cubicle on the third floor, Professor Mun Dal Kirn, a citizen of the Republic of Korea (ROK), impresses all of his visitors as a complex individual with many unseen and unlooked for talents. Kirn came to Buffalo as a part of a SUNY exchange program with Kyungpook National University in Taegu, Korea. The multiple purposes of his visit reflect his broad experience and varied duties in Korea. Having served as a military interpreter and officer'in the afmy, and as an assistant to the Minister of Foreign Affairs of the Republic of Korea, it is not suprising that Kirn, who holds a degree as a Doctor of Laws, has specialized in International Law. The author of many articles and. a book in this field, he is presently investigating legal problems arising from the defense treaties between the ROK and the Beaver Blight What happened to the trees? by Kirn Hunter Rumor has it that the Amherst campus is infested with voracious beavers, giant termites, and woodpeckers with hearty appetites. There may be some truth to the story according to observers who have noted that U/B has always been kind to animals. Why else would the university be the proud possessor of such carefully cultivated patches of tree stumps? Late last Fall, approximately 85 flourishing, tall, green Austrian pines were planted in a triangular strip of land behind the bus stop and in two smaller areas in front of Baldy Hall. The trees did not enjoy their first Buffalo winter. They had a tendency to bowl over in the hurricane-like winds endemic to the area in which they were planted. The prostrate pines were propped up again by proper proprietors, but by September it was clear that most of them would not survive. The lovely green had turned to brown and now only one-third of the trees remain standing. The rest have been reduced to stumps: cruel to go from being an blow Austrian Pine to being an Austrian - stump. One of the friendly elves in the Amherst campus maintenance department indicated thatseveral factors probably contributed to the demise of our green friends. One was certainly the wind. Another was the timing of the planting. Spring is generally the best time to plant. This gives the trees a chance to take root before facing the difficulties of winter weather. The gnome also mentioned that the roots of the pines may not have been properly prepared for planting. He said that this type of pine had been planted elsewhere on the new campus and there have' been no problems with the trees in other areas. It appears that the Baldy-O'Brian wind tunnel is not fit for person nor tree. Relatively few of the Austrian pines planted across from Baldy and O'Brian remain standing. The cost of planting these trees was not available from maintenance, but a survey of local nurseries revealed that 2 to 4 foot Austrian pine seedlings run from $25 to $50. It's safe to assume that the trees planted in front of Baldy and O'Brian cost a great deal more since they were at least 8 to 10 feet when planted. Also, costs rise at a significant rate when larger trees are bought since they must be tended for a longer period at a nursery and transportation of larger trees is difficult, and expensive. Speculation on cost has run anywhere from $250 to $500 per local contractors with low bids who thendo the planting. Anyone who frequented the Baldy-O'Brian area last year had to be aware of the violent winds in the vicinity. In spite of this, the trees were still planted. However, all is not lost. New Austrian Pines will be planted in exactly the same spots next spring. To some, it might seem heartening to see that the planners have learned their lessons well from past experience. If at first you don't succeed, plant, plant again. There are those who have pine. It has been difficult to pin the become rather fond of the responsibility for the botanical stumps. It would be a shame to disaster on anyone. The general See them go. Removing them architects for the Baldy-O'Brian would be clear stump complex are Harold Weiss, from discrimination. Litigation should Chicago, and Anthony Carlino, be started as soon as money for from Buffalo. It is not clear who the project can be obtained from the SBA. Then maybe an answer the landscapearchitect was. would be forthcoming to the age-old department question first asked by maintenance The source did say that feasibility Justice Douglas, in the SCRAP studies for landscaping were not case: Do Trees have standing? It usually done. Plans are madeand should be well-settled at least that the jobs are awarded by the New two-thirds of the ones in front of York State Construction Fund to Baldy and O'Brian don't. United States which serve,as_the basis for the continued presence of U.S. armed forces in Korea. As Director of the Law Library at Kyungpook National University, Kirn expressed great interest in the law library at Buffalo, and is collecting materials to augment his own library's collection. Finally, as a member and immediate past Chairman of the Ky v ngpook University's Law Faculty, Kirn is well-qualified for his task of studying the case method approach that is used for teaching law in the United States in the hope of finding means for adapting it to Korean use. Our talks focused upon differences in the legal and educational systems of our two countries. Kirn said he has great admiration for the physical plant of the Amherst Campus ("There is nothing like this in Korea.") and Criminal justice program — cont. page 6 Seniors submit articles for journalpublication enroll in a mini course on research methodsand statistics. The criminal justice system in In the fall of a student's second American, in the view of many, is year, a seminar on "Field characterized by neglect and Research in the Criminal Process" inefficiency. Efforts at is offered which is devoted to improvement have been analyzing the full scope of all undertaken by lawyers acting research conducted during the both in their, traditional capacity summer and to writing up each as advocates and judges and in student's research findings. In the Program's first year of their newly developing roles as policy-makers, researchers and operation, several studies were administrators. To prepare conducted and four articles lawyers to contribute to these written. Stewart O'Brien, Steven efforts, the Law School has Pheterson, and Michael Wright developed and implemented a wrote a paper based on their three-year program for those law study of criminal lawyers from -students who wish to acquire an the defendants' perspective. in-depth understanding of the Kathy Cox and Flora Miller have criminal process in anticipation of recently completed their work on careers in either the conventional the effects of the change in New York's corroboration requirement or developingroles. The Criminal Justict Program, in rape cases. Karen Rebovich which was initiated in early 1975, spent her summer analyzing the is funded under a training grant plea bargaining process and has from the National Institute for written an aricie based on that Mental Health. It is designed to study for. the Buffalo Law provide law students with the Review. Ron Eskin's article understanding and skillsnecessary concerned his study of judicial to participate effectively in the criteria for establishing youthful criminal justice system and to offender findings in discretionary acquaint the students with the cases. With the exception of problems underlying the system. Rebovich's article, each is Formal participation in the awaiting acceptance in major Program begins in the student's socio-legal journals around the first year. After students have nation. The Program's second year of successfully completed the fall course in 'Criminal Law/ they operation began this past summer. may take "Perspectives of the Twenty-one students designed and Criminal Process," which offers a conducted fifteen separate description and analysis of the studies. The topics range from the criminal process. In the spring role the rehabilitative model plays semester, students are offered in sentencing to an analysis of a pre-trial diversion program. Criminal Procedure I. In the second semester of their The central feature of the Program is the period of field junior year, students are offered observation and research on the an op portunity to actually criminal process as it exists in participate in the criminal justice Western New York. This research process by interning with a local is conducted during the summer defense attorney or prosecuting between the first and second year agency. In the past, students from under the supervision of the the Program have worked in Program's faculty members. Each various capacities in the offices of summer the Program enlists the the Erie County Attorneyand the aid of highly-respected researchers New York State Attorney in the field of criminal justice General. The Criminal Justice from outside this University. In Program's students are also the past, Michael Lowy, Ph.D., offered a place in the law school's University of Pittsburgh, and clinical program. This course, Maynard Erikson, Ph.D., available in a student's senior University of Arizone, have year, allows students to gain experience in the actual fulfilled this role. representation of clients. Each year 20 to 25 students In November, the program will are accepted into the Program. A hold a- number of orientation limited number of stipends are sessions for first-year students to available to support those give them mm v. detailed students who are selected during information and answer any their summer's research. questions individual students Acceptance into the Program and might have. The time and place of the award of stipends are based on these meetings will be posted on the quality of student's proposal the bulletin board outside of the for a research project. Students Criminal justice Office, which is selected to do summer research located in Room 511. by Stewart O'Brien �fVtnh»r ?1 IQ7fi opinion 6 $25.00 floating Frosh profile released Faculty considers acting by Jane Mago The law faculty held a brief meeting Friday, Oct. 1 in the faculty lounge. The agenda for the meeting consisted of (1) a report fro m the Mitchell Lecture Committee, and (2) an information report from Dean Hcadrick concerning administrative changes and the library situation. In addition, there was a brief discussion of funds available for student-faculty work programs. Professor Howard Mann, chairperson of the Mitchell Lecture Committee, made a brief appeal to his colleagues requesting that names be submitted for consideration as next year's Mitchell Lecturer. Henoted that a memo would be circulated pursuant lo that theme. The Mitchell Lecture Committee is responsible for the arrangement of guest lectures to furtheracademic endeavor in the law school. The program is financed through a trust fund created for that purpose. Each year's Mitchell Lecturer visits for three days and publishes an article, based on the lectures given, in the Buffalo Law Review. This year's lecturer, Rudolf Schlesinger, will be lecturing on Comparative Criminal Procedure. The committee is also responsible for a number of one-day Mitchell Fellows and invites recommendations of specific persons from any field, activity or endeavor. Any student suggestions for committee consideration should be written and placed in the Mitchell Committee Lecture representative's mailbox in the SBA office. Dean Hcadrick then circulated copies of a memo to Dr. Ronald F. Bunn, vice president for academic affairs, which outlined three administrative changes effective Oct. 1. Convinced by a "build-up of unsolved problems" that further delay in tilling the position of associate dean, vacated by Robert Fleming, would be harmful to the law school, Dean Headrick has tapped Professors Wade Newhouse, William Greiner and Barry Boyer as Associate Deans of Law and Jurisprudence. As indicated in past issues of Opinion, Newhouse will have primary responsibility for the library, Greiner will handle a one year term to deal with student academic problems and planning, and Boyer will succeed Greiner in curricular planning, teaching assignments, course offerings and f&LSA will hold its first annual Law Day Saturday, Nov. 6. Keynr •• speaker for the event will be Haywood Burns, who formerly taught at SUNYAB Law School and who is currently a professor of law at New York University. Burns was active in defense work for Altica inmates while in university library system. Though the President of the University has expressed tentative approval of the separation plan, implementation at this time is dependent upon the simultaneous separation of the Health Sciences Library from the central structure. Dean Headrick reported that he had continued meetings scheduled, however, currently the issue is in a state of limbo. A final question from the faculty inspired a brief discussion of the availability of funds for facu It y-student assistance programs. Dean Headrick reported that $25,000 "found" in the scheduling responsibilities. Dean Hcadrick then focused University budget, for that his commentary on the law purpose had not yet been assigned library. He described the current a line number, but would be between available for use soon. stale of negotiation Statistics on the class of 1979 have just been released by the law school administration. The classis composed of 243 students, including 85 women, and 16 minority students, 6 of whom are women. The class of 1979 is somewhat smaller than the second and third year classes, which have 274 and 262 students respectively. The only significant difference in the composition of the first year class is the increase in the number of women to 85 as compared with 62 and 68 presently in the second and third yearclasses. The median (mid-point) grade point average (GPA) is 3.49 and the median LSAT is 617, which are comparable to those of the second and third year classes. Average GPA's and LSAT scores arc not yet available. Typically, the majority of the first year student* are from the Western New York area, although in the past two years, there has been an increase in the numbers of students from other areas of New York as well as from out of state: WNY 3d.yr. 188 wd.yr. 170 Ist. yr. 128 . other NY 72 98 103 124 students in the class of 1979 come from undergraduate colleges and universities within the SUNY system, 58 from SUNY at Buffalo, with the remainder coming from 78 other undergraduate schools. Judge for yourself Where do the hours go? Thelaw schoolhas taken on a certain timelessatmosphere with clocks removed from first floor classrooms. Student queries as to the reasons behind the disappearance of lime abound; is it an energy-saving device, a time-saving device, or a ploy to keep attention focused on the front of the classroom? Th^la^k of time js especially notable during exam periods and students hope the clocks will be replaced, in time. judicial candidates from the Buffalo area for Family Court, City Court and Supreme Court will be available to answer questions on issues pertinent to women at the Unitarian Church, Elmwood and Ferry, Tuesday, Oct. 26 at 7:30 p.m. Sponsored by the Association tif Women Law Students, National Lawyer's Guild, NOW and the League of Women Voters, the )udioial Candidates Night will focus on such areas as wife battering, husband/wife rape and custody. Questions should be submitted to the AssociationofWomen Law Students, Room 509 O'Brian, before the day of the event. Kirn explainsrelationship of South Korean law and politics continued from page 5 BALSA sets first annual law day November 6 himself and University officials relative to the separation of the law I Ibrary from the central that he is just short of amazed at the size of our legal collection. While Taegu, which is the third largest city of Korea and in the populous southeastern portion of the Korean peninsula, has many schools, he explained, none are as large as SUNYAB, and the total number of law students at Kyungpook is less than the number of first-year students here. The Korean legal library system is far from primitive, Kirn said, but much smaller than its American counterpart. Its greatest weakness lies in the fact that Korean legal periodicals are nearly non-existent. Two major differences between the study of law here and in Korea stand out in Kirn's mind: the lecture system, ralher than the case method approach (which he prefers and intends to introduce upon his return), is jhe basis for legal education in Korea; also, rather than existing as a separate departmental discipline, law is generally taught within a department of law, political science, and another social science „ teaching methods have allowed There is much unnecessary hard and the lecture1. system to endure work in interpreting unchallenged until now in Korea. applying precedents in the The willingness to teach law A n glo-American system, Kirn together with related disciplines observed. rather than as a field apart is But considering the political probably a ramification of the and social atmosphere in the existence of a civil law tradition in country, isn't this very flexibility Korea, far different from the a danger to Korea? common law heritage of the ... — United States. In comparing the stability of the two systems generally, Kirn said he would opt for the Korean system. "In common law-;.. legal cases are settled by applying precedents which are changed a little in interpretation so as to be fit (concrete for Buffalo. application) and (a) new statute The theme of ihe Law Day is Twill be supplemented or "Black Americans and the Law." substituted for it ... (only if) a Events will run from 10 a.m. to 4 precedent is extremely unfit for p.m. and will include workshops (the) present situation ... In this on varied subjects such as job sense the Anglo-American law opportunities, black women and system (is) more stable than (the) the law, and preparation for and continental system,"Jie said. application to law school. He contrasted this with the is the open to The Law Day Korean civil law. system, in which public and all area colleges and legal cases ace settled with a community groups have been emphasis upon greater invited to attend. Through the interpretation of written codes Law Day, BALSA hopes to than prior legal decisions, noting establish a liaison between the that there was far more flexibility Law School and the community, (usually economics). in the Korean system, since the extend recruitment of minority agreed suggestion Congress could always with a National Kirn individuals, and disseminate rable cultural attitudes change the laws and quickly effect information to-the community that 'towards authority and traditional sweeping changes when necessary. and students. ... ... Is the civil-law system of Korea more likely to be abused by the governmental authority than the common-law system? Does a civil-law system really still exist in S. Korea in light of the (apparent) ability of the Park Regime to do whatever it wants, to rule, in effect, by — decree? In other words, Kirn was asked, does a system of laws still exist or does the arbitrary rule of a particular clique determine a system which is highly stylistic and not very substantial? Since laws, administrative decrees, and the like are reviewed by both the Constitution Committee and the Supreme Court, independent of the Government, there is a real check on governmental abuses of the legal system, Kirn argued. "Koreans enjoy considerable .liberty," apart from Government decrees and regulations, "designed . to secure economic growth or to promote national security." This, he emphatically holds, is a valid exercise of governmental power, because the one cannot be had without the other. The position that there is no abuse of the legal system by the government hinges on Professor Kirn's firmly held conviction that "when national survival is threatened every democracy has argued that certain individual -rights must be sacrificed to win the war." Kirn's view of the military and political situations on the Korean peninsula buttress this observation: .. ... "The Republic ofKorea (ROK) is engaged in a defensive waragainst the North. That the North intends to unify Korea under absolute communism by military force or subversion is clear from its actions: its invasion of ROK in 1950; its tunnels under the DMZ through which troops couldmove behind the ROK'sdefense fine, its guerrilla teams sent into theROK; and the recent Panmun/on accident in which two American officers were killed (are evidence)." Professor Kirn stands' statement that the by his situation requires strong, firm leadership; that instability will bring disaster. �October 21 IQ7fi orif.'ior; 7 Alumni events reflect scattering of grads New York City-area alumni of SUNYAB Law School will gather during the State Bar Convention in January, according to Placement Director Jay Carlisle. The Jan. 28 luncheon is just one of the many alumni get-togethers held each year in such varied spots as Los Angeles, Washington, D.C. and Buffalo, Carlisle noted recently. In May of 1976 aboftt 250 U.B. alumni participated in the On September 17, 1976 Relations Board in Washington, Carlisle and U.B. Alumni D.C.; 'David Arcson. IRS in Washington, D.C.; Sicphcn Axclrod, Myron W. Siskin, P.C. in New York; Wallace Baker, Hatter, Sccrest & Emery in Rochester; Jessica Bolsford, GAO in Washington, D.C.; Michael Cdl abie se an d Ken Wasch, Interstate Commerce Commission in Washington, D.C.; Jerry Can, Frank, Bernstein, Conoway & ■ 19741: Paul Friedman. (II R Goldman in Baltimore, Md.; Glenn Day i b, Dep t. \of Investigation in New York City; Mall Campionc, IRS in Washington, D.C. Also, Florence Dct in, Polelli, Frcidin, Prashker Feldman & Gartner in New York; Ruth Dicker, John Fargo and Loci |acobs, Departments of Justice in Washinuion. D.C: Louis DiLorenzo, Bond; Shoencck & Bill King in Syracuse, N.Y.; Ernsthafi, Appellate Division in Washington, D.C. Alumni Party at the Cosmo^Club^^f^l^ight: Rochester; Kenneth Forrest, Judge {-ouis Spector, Assit. Dean jan C. Carlisle, and U.B. Alumni Wachlell, Lipton, Rosen & Katz in President Robert Fine. New York; Patrick Gaura, Bell & first annual alumni spring reunion. 1968); and Ed Koren (U.B. 1973). Young in Las Vegas, Nevada; Alumni from California, Ohio, The increase of alumni events Stephen Gicil, Wayne Slate Law Maryland, Virginia, Florida, outside of the Buffalo area is a School in Detroit, Michigan; Sam Washington, D.C. and New York reflection of the large number of Kazman, Pacific Legal Foundation spcnl a full day at the law school recent law graduates who are in Washington, D.C; Kenneth where they attended continuing obtaining positions outside of Krigslein, Montana Human Rights education classes taught by U.B. Western New York, Carlisle said. Commission in Helena, Montana; faculty members. Among those members of the Alan Lamer, Baltic, Fowler, A special luncheon was hosted Class of 1976 who have obtained Lidslone, )affin, Pierce and Kheel by co-chairmen ) ames Denman such positions arc Howard in New York City; Arthur Levy, and former, dean, Richard Achlsam, National Labor Arthur Anderson & Co. in New Schwartz. Past, American Bar Association President Lawrence Walsh presented Edwin jaecklc (U.B. 1915) with a distinguished alumni award. In July Carlisle, while oh yac.aljon in California, hosted a special reception tot some or the 36 U.B. Law Alumni in Southern California. Among those on hand were Richard M. English, (U.B. 1953); Harold Somers, Jack Waldow, (U.B. 1939); Michael Kargcr, William" A. Nicse, (U.B. 1961); Uck R. Becker, (U.B. Class of 1941 at the Buffalo Club. Included in the picture are tormer I960); David Jadd, (U.B. 1975) dean, Richard Schwartz, Professor Adolph Homburger, Al Mugel, and and Ken Kazdan, {U.B. 1976). Jay Carlisle. president, Bob Fine (U.B. 1968) hosted a coclail reception for Washington, D.C. alumni .n ihe Cosmos Club. Among those in attendance were Judge Louis Speclor (U.B. 1940); Henry Rose, (U.B. 1951); Paul Gonson, (U.B. 1954); Gordon Grant, (U.B. 1956); David Jacobson, (U.B. 1974); Anthony Illardi, (U.B. comparison, Schlesinger sajd. , Schlesinger elaborated on the problems of a defendant's refusal lo testify al trial. In the American system, according to Schlesinger, a defendant is advised by counsel It) make no statements to the police under any circumstances and lo remain equally silent at trial, especially if the defendant has a prior criminal record. In 'continental civil law countries, on the other hand, .1 defendant is encouraged to testify. In fact, a defendant's silence may be taken as corroborating evidence of guilt, He also noted lh.it in West a defendant must announce his refusal lo answer in open court rather than passively remain silent. Schlcsingcr also said that in civil law countries a defendant's taking the stand does not open ,lhc door to evidence of his prior convictions. Since this information cannot be elicited, a defendant need not worry that his taking the stand will prejudice his case, Schlesinger said. He noted also that a defendant is nol under oath when testifying. Schlesinger said therefore, thai perjury convictions of defendants do not exist. Additionally, since a defendant has already testifled before a magistrate at a pre-trial examination, with this testimony becoming part of the record admissible at trial as substantive c v id c nee in the event of inconsistent statements, Schlesinger said a defendant's veracity was, to some extent, assured. Schlesinger noted several other aspects in which the civil law diverges from the system Germany, ' ReunionCocktail Reception in the Law SchoolLibrary Federal Defender Association in Philadelphia, Pa. Also, Dcbby Schwartz, Trubin, Sillcocks, Edclrrun & Knapp in New York City; Judy Sinclair. Wynne & Jaffc in Dallas, Texas; Robin Skinner, Hon. John J. LaFdlce in Washington,' D.C.; Ben Slonim, Stanford Law School in Palo Allo, California; Howard Solodky, Appellate Division in Albany, N.Y.; Charles Spiegel, University ol Kentucky Law School, Lexington, Ky.; Alan Straus, Touchc, Ross & Co., New York City; David Weber, Samuel Goldcnberg, Esq., in Milwaukee, Wisconsin; Mitchell Wilcnsky, Siben & Siben ifi Bayshore, N.Y.; Brenl Wilson, NLRB in Atlanta, Georgia; Charles Wilson, Federal Aviation Commission in Washington, D.O; and Franklin Zweig, Senate Commitlec on Labor & Public Welfare in Washington, D.C. Carlisle reports placement trends Half of the 1976 SUNYAB Law School graduates responding 10 a Pl.iccmcni Office survey have found jobs, according lo Placement Director Jay Carlisle. Ahoul 94 percent of 1975 graduates and 92 percent of 1974 graduates have been placed, American process, including according lo sl.itislics released non-jury trials, absence of recently by Carlisle. technical rules of evidence, civil "Placement of U.B. law servant magistrates rather than elected judges, non-bifurcated graduates has traditionally trials (questions of guilt or occurred after our graduates have completed their legal studies and innocence and sentencing handled passed the bar," Carlisle said. "As in the same proceeding), and the the SUNY Law School has absence of a grand jury. become a national law school, In 'his closing remarks, and more of our graduates Schlesinger warned that more obtained positions with large "wholesale adoption of ihc civil have firms and government agencies. law system is not' feasible," but This means that many more of that a practical lesson could be our ] unc graduates obtain learned from compai ilive employment early in their ihird obcrservalion. year," he said. He emphasized the primacy of Carlisle, who was recently truth and truth seeking in a criminal procedure system and appointed vice-chairman of the recommended "rethinking and New Lawyers Committee of the rcclassifying every rule as truth General Practice Section of the American Bar Association, has seeking or truth defeating." "If this is undertaken," he traveled in recent months to concluded, "our system will Washington, D.C. and to New become more rational, more York City wherehe visited 28 law efficient and more just very firms and eight government different from what il is today." agencies. Although most of the firms are In addition to his formal lecture, Schlesinger^ met with large ones, which Carlisle faculty to answer questions and admitted hire few SUNYAB law also addressed a Conflict of Laws graduates, he said be considers such contact essential. "If we are class. Schlesinger compares legal systems continued frompage 1 civil procedure," Schlesinger remarked, "but has been slow in taking the blindfold from the eyes of the criminal defendant." In order lo counteract abuses of unlimited pre-trial discovery often cited'by American lawyers such as possible bibcry and incapacitalion or disappearance of prosecution witnesses, Schlesinger. recommended allowing previous statements of witnesses as substantive evidence al trail. As a final major topic of Alumni York City. In addition, )ohn McCllliard, Dcpl. ot Assigned Counsel inTacoma, Washington; Richard Miller, Amswiss Int.-, Corp. in )crsey Cfly, New Jersey; Gary Norgaard, Legal Aid Society in D.iyion, Ohio; Lauii Shalsofr, Cook County Legal Assistance Found.ll ion in Chicago, Illinois; Polar Plait, Bradham, Lylc, Skipper & Cramer in St. Petersburg, Florida; Sandy Prcsanl, SEC in Washington, D.C.; Gene Rcibsicin, Brooklyn District Attorney in Brooklyn, N.Y.; Jame^Rice, Sun Chemical Corp. in Ft Lce^ New jersey; Barbara Rynikciy 'U.S. Cuslon Court in New York City; William Scheurer, Hon. Stanley- Bedord, Newark, N:).; Marc Schiller, -Cravalh, Swainc & Moore in New York CityrJeH" Sehntpper, Economics Dept. ol Ruigcts College in New Brunswick, N.J.; Fern Schwaber, lo increase our numbers (<il these firms) someone on the faculty and/or slaff must gel out and spread ihc word about our law school," he said. "In New York City, five 'name' partners of a well-known law firm spent one hour with me talking tihoul the law school. Thai's over $750 of billahlelime for ihat firm jusl to hear about SUNYAB Law School," he said. "Many of Ihc questions asked of me indicated thai the law firm had absolutely no idea of what our school is. I explained the school, its grading system, its faculty and student body and so on. Now this may IcaO lo a job this year of next for one of our students but of additional importance is the facl that these men will be able lo spread the word elsewhere aboul the law school and the carry-over value will benefit many other students who are nol just looking for a job with a big firm," he said. Carlisle has been holding seminars for firsl, second, and third year students lo discuss ihc status of the job market. They will continue through October, every Tuesday from 1:00 2:00 p.m. in Room 107, he said. Students who are unable lo attend may come to the Placcmcni Office for similar sessions Tuesdays and Thursdays from 5:00 -6:00 p.m. �OPINION 8 October 21,1976 Legislation project members testify on blue laws "There are now 26 states with no Sunday sales laws in effect. Ten of these stales have either repealed or invalidated their sales laws in the past three years. The Connecticut courts invalidated new State Sunday sales laws only a few weeks ago. There seems to be a definite trend away from blue laws in the area of sales." That's what SUNYAB law student John Arpey, testifying on behalf of the Buffalo Legislation BLP member Kirn Hunter. say to the New York State Commerce Committee hearing on the blue laws Oct. 12. The hearing, held at the Donovan Building in downtown Buffalo* and otherslike it around the State are being sponsored by the Commerce Committee so that the Legislature in Albany can get public feedback on the Project had to desirability of Sunday sales bans. At present, New York does not have such laws because the old sales bans were struck down last June by the Court of Appeals. In its efforts to draft new legislation, the Commerce Committee has asked the BLP to examine the sales laws of other states and to make some recommendations for new New York laws. The Committee also asked the BLP to present its preliminary findings at the Buffalo hearing. In addition to Arpey, Alan Gerstman, BLP editor, and Kirn Hunter are working on the project for the Committee. Arpey also noted in his testimony that new Sunday laws would be very hard to draft since the Court of Appeals had set. such high standards. The BLP has found few provisions in other states that would be rational or clear enough to meet the constitutional requirements established in the Court of Appeals decision. Assemblyman Saul Weprin chaired the hearing. Assemblyman William Hoyt from Buffalo and Assemblyman G. JamesFlemming also attended the hearing as members of the Committee. State Senator James Friffin of Buffalo also made an appearance and testified before the Committee. Hispresence attracted most of the Buffalo media to the employees, the limited profits, if hearing. Friffin has-been holding any, available from Sunday sales blue law hearings of his own and the possible detrimental locally and said, "Seventy-five per effects of a seven day selling week cent of those who attended my make blue laws a necessity. hearings support Sunday Without them, many stores will be closings." He stressed that a forced to open on Sunday in common day of rest was essential order to remain competitive. to the survival of the family and "Mom and Pop" stores may be society a common theme driven out of business if they lose throughout the hearing. He has off-hours sales and are forced to recomrrrended that New York compete with major stores. adopt Sunday sales laws similar to On the other hand, consumers those recently enacted in Ontario and suburban discount chains which include a severe $10,000 would seem to gain from Sunday fine for any sates violations, the sales. To the consumer, Sunday BLP has not studied this law as of buying means convenience. To the yet, but on cursory examination discount store, it means profits — from the buying public who find it easier to shop on Sunday and who wish to pay less for merchandise. These policy considerations and the standards of the courts will make new blue laws difficult to draft. The BLP will continue to study the problem and plans to submit a report and, hopefully, a draft of new Sunday sales laws at the end of the semester. The Committee members said they were impressed with findings presented by the BLP at the hearing and expressed great interest in the forthcoming final report. the law looks like many others except for the stiff fine provision. Among the 15 other persons testifying were a local employee, a clergyman, a consumer and several representatives of major local department and grocery stores. Notably absent from the meeting were representatives of the unions, who generally favor blue laws, and spokespersons for the chain discount stores, who oppose such laws. These groups wilI probably be represented at the hearing to be held in New York City Oct. 26. Overall, it appears that most businesses in Buffalo would like to see blue laws of some kind re-established. Merchants say that overtime costs for Sunday Membersof the intramural football "Rush", made up of second year students, holds a pre-grame warm up. Skylon marathon " "Feets don't fail me now.. by Susan Hogan Gene Rauhala, Dave Clegg, Charlie Finger and Jim (Zeck) "26 miles is a LONG way!" as Zee kh auser ran their first one runner put it, but six law marathon in the year's Skylon. students ran that distance in last Gene explained that training for Saturday's third annual Skylon the marathon was a "new challenge." International Marathon. The 26 mile Skylon marathon The Skylon Marathon began at 12:30 P-m. last Saturday in was over for each runner after two 2 6-mile, Delaware ParK. The and one-half.. or three. or 385-yard course extended from four. or more hours of running, the Albright- Knox Art Gallery but there was a tremendous across the Peace Bridge, along the amount of physical and Niagara River to the Skylon psychological preparation before that one event. Most of the law Tower at the Horseshoe Falls. There were over 1100 entrants, school's marathon runners (Dave including 49 women, in the Clegg's two-week crash training marathon, ranging in age from 8 excepted) trained for at least the to about 66. Based on the figures last few months by running 65 or from last year's Skylon, 85% of more miles a week, in various all daily distances. Gary Newton has the runners finish the race 26 miles and 385 yards! been running 10 miles a day since any mid-August Charlie Finger ran wonder WHY You may "reasonable person" would even nine to 12 miles a day, but he consider running such a race. In takes one day off a week. Al response to the question, Fielitz ran 100 miles a week at second-year student Gary Newton varying distances each day, but he replied, "I'm a masocbist." Gary, does that all year 'round! who is a 'veteran of last year's In running a 26 mile race, marathon, explained that running "veterans" Gary Newton and Al something he had Fielitz explained the first 18 or so a marathon was always wanted to do. For many miles are "enjoyable." At about runners, a marathon is the mile 18, however, marathon ultimate personal challenge, not runners "hit the wall," meaning to compete against others as to they reach the physiological point prove something to yourself. where their bodieshave run out of Al Fielitz, the "fanatic" of the sugar to use as an immediate law school runners (he has run in source of energy, and the rest of Buffalo when the wind chill factor the race is run practically on sheer was 54 degrees below 0), is a momentum and whatever strength veteran of three marathons, last is left. During the course of the year's Skylon and two Earth Day race, after six miles, the runners Al, were given "Gatorade" or "ERG" Marathons in Long Island. high (Electrolyte Replacement who's been running since competitive Glucose) to help maintain that school, has a very running, long energy supply, but "hitting the distance interest in expressing a desire to improve as wall" is inevitable. In training for the Skylon much as possible and noting the incredible feeling of running to Marathon, and in just running for many of the runners pleasure, the limit. push himself to . . . . dispelled any notions of a long distance runner's "loneliness." Some, like Gene Rauhala and Al Fielitz usually run alone, but most of the runners did run with other people some of the time, or trained in Delaware Park. Park runners are very sociable people, explained Charlie Finger and Gary Newton, who have seen such "notables" as Judge John Curtin, Professor Robert Gordon and Jay Carlisle running in the park. Marathon runners may be thought of in terms ranging from "crazy" to "amazing," but accepting the challenge to run 26 plus miles must at least be - "The Columbian Budsmen" defeat a first year law team, "The Law Reviews", 7-0. - — respected. Third year students Seth Zimmerman (far left) and Rick Greenberg (right) helped their intramural team, Classifieds Peter Bellamy and Vln English pub and songs Friday October 22 and presents Gar belt t singing drinking weekend of November 12 and 13 Utah will perform at the Friday at the Elllcott Complex and Saturday at the Main Phillips coffeehouse, Thirdyear students Dave Ciegg, left, and Gene Rauhala, prepare for theirafternoon jaunt. Street Campus. FOR SALE .— Snow tires (7.35 x 14) on rims. Good condition. For Novas, , Camaros, Firebirds, etc* Call 691-726? after 5. FOR SALE — — Shur microphone mixer. 5 channel Input. $20. Also 1 pr- Head 320 skis w/Cubco, $20. 1 pr. Vok II Metal/glass never used. $30. Cal) Jim 636-5521. - FOR SALE Convertible. Power Ford Mustang everything. VB. 289 cub. 60,000 miles. $350 or best Offer. Jim, 836-8425. JOHN SIMSON will be appearing at Wine Cellar in Northtown Mlndy's Plaza, Oct. 21-23, Oct. 28-30, and the Library on Nov. 6 Bailey Aye., — at Nov. 2 and — now for bar/bri Bar Review course winter or summer exams and get a $75 regular price' $275, discount discount price $200. Discount period •ndt Friday, Nov. 12. ATTENTION — llgn up — The field of marathon runners, which included six law students, leaves Delaware Park area. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-10-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/21/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3bf402203aad6b1ef669b0025d8b1757.pdf 7a1744ce5853ed93638215ce1acdcab0 PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17, Number 3 Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 October 7,1976 State University of New York at Buffalo Faculty of Law and Jurisprudence Long range plans closer Dissention among SBA directors Boyer takes position as NAACP funding sparks schism Jan new Associate Dean by by Bob Selcor Dean Thomas Headrick announced Friday that Associate Professor Barry Boyer has been selected to replace Associate Dean Robert Fleming, who left Buffalo to become dean of the new law school at Pace University. Since Boyer presently has a full teaching load and is directing a research project for the Administrative Conference on the rule making powers of the Federal Trade Commission, Professor William Greiner wil I share responsibilities of the office for a one-year term. In addition to these two new appointments, Professor Wade Newhouse was chosen as Associate Dean in charge of the library earlier this month, bringing the number of associate deans at the law school this year to three. Boyer graduated from the University of Michigan School of Law in 1969 and then clerked for Judge Edward A. Tamm of the United States Court of Appeals for the District of Columbia Circuit. He has also served as advisor to Commissioner Mary Gardiner Jones of the Federal Trade Commission, attorney to the AdministrativeOffice of Legal Counsel of the United States Department of Justice and consultant to the American Bar Association. Boyer has been at SUNYAB Law School since 1973 and has served as chairman of the Committee on Long-Range Planning as well as serving on many other committees. New AssociateDean Barry Boyer. Initially, Boyer will be primarily responsible for curriculum planning, teaching assignments, course offerings and scheduling. For this semester, Greiner's duties will include handling student academic problems, counseling and advising the registrar on handling student academic questions, assisting in the preparation of budget and planning documents, and representing the law school in university matters. Beg inning next semester, Greiner will shift more responsibility to Boyer so that over the course of the year Boyer will have full charge of the position. Next year, Boyer will handle a wider range of administrative tasks, although he will also continue in his teaching and writing duties. Hon. Charles S. Desmond, former Court of Appeals Chief Judge introduced this year's problem for the annual moot court competition that bears his name Tuesday. Receiving a copy of the problem is second-year student TomStahr. The moot court teams now have about a month to prepare their 15-page briefs, with oral photo by Bob Citronberg arguments set for November. - Barber A proposed donation of $200 in student funds to the National Association for the Advancement of Colored People (NAACP) has caused a ruckus in the Law School student government over what is proper spending of money raised through mandatory student activity fees. By a bare majority, the Board of Directors of the Student Bar Association <SBA) voted Sept. 21 to give the money to the NAACP's legal defense fund for an appeal bond in a Mississippi state court case. However, there was some doubt at press time whether the NAACP would see any of the money because the necessary requisition form and sufficient demonstration of the purposes of the contribution have not been given to the University Main Campus administration and it was unclear whether proponents of the donation would be able to push through an alternative plan for giving the $200 to the NAACP at Tuesday's meeting. State-wide State University guidelines require that money from mandatory student fees be spent on educational purposes which serve the university community. The NAACP originally had until Oct. 1 to raise $1.5 million to appeal a decision in Mississippi which awarded damages to white merchants who were the target of an economic boycott by the NAACP and other civil rights groups in the late 19605. But a federal court issued a restraining order over the weekend giving the NAACP an extra week to raise the money. Paul Lukin, SBA treasurer, said he did not pass the requisition form for the money on to Student Affairs because neither SBA President Barry Fertel nor the SBA directors who supported the contribution provided sufficient documentation. Lukin opposed the allocation. Fertel said Sunday, that with an extra week, proponents of the donation may be able to come up with a better justification. For example, the SBA could bring in a speaker on the suit to accept a $200 honorarium for donation to the NAACP, he said. But Lukin said Sunday that he was not sure whether he would agree to sign such an allocation, even though Student Affairs officials have privately told him that they would probably allow the SBA to allocate funds if they were for a speaker or to "buy" copies of legal papers in connection with the suit rather than for a flat donation. "If 1 felt it was a sham transaction, I might not sign it" (even if a majority of the SBA directors approved M) Lukin said. He noted thatSBA members who favor the allocation could try to get it through without his signature by going to Student Affairs themselves or by bonding some other SBA member to sign. The Sept. 21 vote to allocate the money to the NAACP was 6 to 5. Those supporting the motion were: John Yuhas, Monica Dodd, Vikki Edwards, Alice Mann and Tom Murphy, and Jim Essenson. Those opposed were Bob Citronberg, Mark Moretti, Alan Gerstman and Michael Kaye. Yuhas made the motion to allocate and Mann seconded it. Yuhas could not be reached for comment. Mann, explaining her vote, said, in part: "The fact that an organization that is non-profit has to put up $1.25 million bond to appeal is absolutely outrageous and doesn't seem Constitutional. The objections that seem to be going on around here are that this is a political issue. But every issue is political. The law school students here try to remove themselves from outside and would spend their money on parties thousands of dollars go to the parties and then some SBA directors find it objectionable to spend money on present problems thataffect us all outsideof thelaw school." SBA Secretary Citronberg, who opposed the allocation, said in an interview: "I thinkwhat this boils down to is the state forcing students to make a political donation to a non-student activity since fees used to fund the donation are mandatory fees.'' Gtronberg said he supported the NAACP's cause, but not SBA funding of it. SBA Director Kaye, who,voted against, said: "I voted against it because I didn't think it was a responsibility of SBA to allocate funds to an organization that doesn't benefit the students When I saw the NAACP getting $200 that could have been allocated to a student organization it irritates me. I think people who voted for it — — .. Schlesinger speaks on foreign justice systems continued on page 8 Author Rudolph Schlesinger, one of the foremost American authorities on European criminal justice systems, will deliver the annual Mitchell Lecture at the SUNYAB Law School next Thursday, Oct. 14 at 8 p.m. in the Moot Court Room. In his prepared lecture titled I'Comparative Criminal Procedure: A Plea for Utilizing Foreign Experience," SchSesmger will argue why the U.S. should adopt several European methods for handling criminal trials. Schlesinger is currently a professor of law at the University of California's Hastings College of Law and emeritus professor of international and comparative law at Cornell University Law School. Schlesinger is the author of "Comparative Law Cases, Text — and Materials," the first text in the field published in the U.S. and now the most widely-used in English-speaking countries. In addition, he has authored "Formation of Contracts A Study of the Common Core of Legal Systems." This two-volume work was hailed as the first successful attempt to investigate the areas of agreement among the world's major legal systems. — Ralph Schlesinger Numerous other books and articles by Schlesinger have been published in Great Britain, Switzerland, Germany, France, Italy andLatin America. A question and answer seminar pertaining to the lecture is scheduled for Friday, Oct. 15 from 10 a.m. to 12 noon in the Moot Court Room. Former Dean Richard Schwartz wilt chair the Schlesinger seminar, which is open to all interested faculty and students. Professor Schlesinger will also lecture in Professor Kane's Conflict of Laws class Friday from 2 p.m. to 3 p.m. in Room 108. Faculty and students are invited to attend. �Volume 17, No. 3 OPINION Editors: Cornelia Farley Tanis Reid Louise Tarantino Business Manager: Steve Errante Photo Editor: Nancy Mulloy October 7,1976 Staff: Bob Anderson, John Arpey,J an Barber, Andy Cosentino, Maria Mossaides, Kirn Hunter, Bob Selcov, Jean Graziani, Becky Mitchell, David Munro, John Privitera, John Simson, Sharon Osgood, Ted Firetog, Joel Hackett, Dean Silvers, Patrick Stellato. Contributors: Jeff Granat,Kathleen Niven, Kastle Brill Photographers: Frank Carroll, Bob Citronberg Copyright 1976, OPINION, SBA. Any republication of materials herein isstrictly prohibited without the express written consent of the Editors. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the STate University of New York at Buffalo School of Law, |ohn Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization, Third class postage entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition: University Press at Buffalo. The President's Corner by Barry R. Fertel As president of the Student Bar Association, I have been presented with the opportunity to become familiar with the various organizations and groups which have a direct impact on the students here at the law school. 'The group thathas shown itself to have the keenest interest in the welfare of the law school and its students is the alumni of the school. Since last March I have been regularly attending the monthly meetings of the alumni association, and the sincere dedication of the alumni to the law school and its students has been extremely gratifying. " though I am in strong disagreement with many of the views presented at these meetings, this strong Even desire on the part of the alumni to promote as-much good will for the school as they can is appreciated. The alumni have placed major emphasis on the procurement of employment for the law 'school's graduates. Thus, the law school's alumni have been quite helpful in offering advice to students interested in particular areas of the law. One of the goals of the SBA this year is to enhance the relationship between alumni and students by increasing the interaction between the two groups. If this law school is ever to acquire a national reputation, it must have the staunch support of its alumni. Regrettably, the group which I feel lies at the other end of the spectrum in terms of demonstrating an interest in the future of the school's students is the faculty. Of course, the majority of the* faculty are deeply concerned about the students, but it is the obligation of the entire faculty to serve the best interests of their students. There are several faculty members who convey an impression of aloofness and even elitism. The lack of participation by the faculty in the variousSBA sponsored social Law Symposium events contributes to this view held by many students. For example, only thepean and one member of the faculty attended the SBA picnic, causing many first (year students to believe that their teachers have little regard for them. The teachers of this school have a long established record of failurewith respect to meeting the true needs of their students. Several professors have practiced law in firms and government agencies, yet they have been reluctant to aid the school's graduates in obtainingemployment. Another attitude which is pervasive among the faculty is that of placing their research goals above the needs of the students. As an example, one professor suggested that funds allocated to the Law Review could be better spent for student assistants who aid faculty in theirresearch. Query: Would the final article which results from this student's work be published in the Buffalo Law Review or in a more "reputable" publication? How does an objective observer view a school thathas faculty who refuse to publish their works in that law school p s law review? As professors of law, it is the primary obligation of the faculty to serve the needs of their students and not themselves. NAACP Contribution Questioned To the Editors: On Tuesday, Sept. 21, the Student Bar Association voted by a 6-5 margin to give $200 of student funds to the National Association for the Advancement of Colored People as a contribution to that organization's national fund-raising campaign. The funds are to be used for an appeal bond of over one million dollars in a State of Mississippi court case. Although the purposes and goals of the NAACP are, to the minds of most students at the Law School, laudable and worthy of the support of all students, it must be remembered that the NAACP is basically a political action organization, and that State University guidelines for the disbursement of student activities funds prohibit the Student Bar Association from giving to ANY political organization. At the September 21st meeting, proponents of the NAACP contribution commented that therecipient of student largesseis in fact a charitable organization. Even if the NAACP does carry out acts of charity the fact remains that the measure passed by the law student government specified that the contribution was to be spent for the appeal bond in the Mississippi courts. That case is an appeal of a judgment of over one million dollars arising from a 1960's NAACP byocott of Mississippi merchants who practiced racial discrimination. The boycott was a political measure, and the appeal taken is in furtherance of the political aims of that boycott. Thus, SBA funds were given to further the political and not the charitable ends of the NAACP. This is a gross violation, of state regulations. Those regulations were established in 1972 to answer the protests of students throughout the SUNY system who found themselves paying mandatory student fees only to further political parties and ideologies with which they disagreed. It is in fact a measure to protect the free speech interests of the minority, regardless of their position. The measure is reasonable and based upon similar provisions in State and Federal election laws which allow corporations and labor unions to expend only voluntary contributions for political campaigns. Mandatory fees, like corporate profits and union check-offs, should never be allowed to be used in the support of partisan political interests. Every SBA director owes a duty to the student body to spend mandatory fees for the benefit of the taxed students, and in keeping with the laws and regulations rightly imposed by the State of New York. When directors fail in that duty they must be made accountable to the student body, either .through exercise of the recall or byrequiring each responsible SBA director and officer to reimburse the student treasury for illegally expe/ided. funds. Bob Ciirdnberg Secretary, SBA PaulLukin Treasurer,SBA AlanDiebold Gerstman Third YearDirector Michael Kaye Third YearDirector On Second Thought — Oct. 16 , Letters to the Editors ... Mark Moretti Second YearDirector My attitude toward the faculty may appear a bit too negative, but it is preferable to overstate than understate the situation. The professors of this school are To the Editors: welcome to rebut what I have written, and demonstrate to their students where I have of the signers of the letter in today's issue objecting to the $200 I am one erred in my presentation by showing where contribution to the NAACP appeal bond fund. However, must take exception to thelast I the needs of the students have been paragrpah of thatletter which suggests that the Directors who voted for the contribution addressed. berecalled or be personally responsible for reimbursement of the funds. hope would the teachers In any case, I of this school will respond favorably by I must apologize for neglecting to give the letter a careful reading before signing it, showing a greater interest in the law but I would like to reiterate my support for the general objections expressed therein. school's students. After all, without the Sincerely, students there would be no faculty, no MichaelKaye administration and of course, no law Third YearDirector school. What's an SBA? The Fund for Modern Courts, a Ford Foundation project, will sponsor a legal symposium Saturday, October 16 from 9 a.m. to 3:30 p.m. at the Statler Hilton Hotel in Buffalo. The day-long event, entitled "The Citizen and the Law" will feature four simultaneous workshops conducted by area attorneys. Professor Herman Schwartz of SUNYAB Law School will moderate a discussion of Bail,"; Family Court Judge Nannette Dembitz will lead a workshop on "Family Court," Buffalo attorney Frank Offerman will direct a panel on "Selection of Judges," and Professor Betty Friedlander of Cornell University Law School will lead a discussion of "Victirnless Crime." In addition to the moderators, the workshops will be composed of panelists with expertise in therespective areas of discussion. The symposium is open to the public, and the registration fee, is $1.00, with an additional charge of $2.50 for a box lunch. Tickets are available until October 1Q from Judy Metzger at 190 Deerhurst Park, Kenmore, N.Y., or at the door on the day of the conference. ' October 7, 1976 OPINION 2 . , , . To the Editors: The SBA elections appear to first-year students as a futile stylistic exercise, devoid of substantive participatory democracy; candidates for first-year Directors have little or no idea of what the post is; the voters have even less understanding of the SBA; most have the impression, given by the SBA's leadership, that more esoteric pursuits studying, or guzzling beer deserve far more consideration. ™} ue Judgment-may be valid, but most first-year this finding for themselves. My objection isn't tied to students would prefer making funding imbroglio; sympathetic though was don't know enough about the.NAACP that situation to have an opinion. What know is that first-year students haven't been told enough about anything the SBA is doing or can-do. I'm surprised the leadership cares so little for the substance of representative government and is satisfied with formal procedures which just don't do the |ob. I hope this will change. - - va' I I I Respectfully, i Andrew/. Cosentlno �October 7,1976 OPINION To theEditors: 3 WideWorldof Torts I write this letter in the hope that it will express my views on what I believe to be serious problems within yourStudent Bar Association. It has been clear since my association with the SBA that my philosophies are considerably different from those of most other members of that group. felt that was I I entrusted to cast my vote in the manner thatwould effectuate what I perceived to be the wishesof the great majority of students at this school. Unfortunately, thishas proved to be a frustrating experience. I have consistently been outvoted on most major issues, issues which I believe central to the concept of representative student government. The SBA has allocated student funds for meals for student representative*, and wall plaques for student representatives. It has allowed student groups to .misuse student funds, even allowing one student group to go to another group's national convention because its own convention was cancelled. It has seen fit to attempt to donate $200 to a political organization, in clear violation of this state's expenditure guidelines. It has also refused to approve a resolution banning further such expenditures, a resolution which wouldreaffirm the SBA's duty under state law. Meanwhile, the SBA has cut allocations to the student newspaper, and social functions,activities which serveall students. An attempt to allow a student referendum on mandatory fees during the upcoming elections, when most students would vote,was tabled on 9/28, because some members felt: 1) some "troublemakers" had stirred up the student body concerning the SBA's allocation policies, and 2) the students wouldbe unable to receive enough information to vote. This last item was utilized despite the fact that sufficient information could have been distributed through various sources. It is clear that the SBA seeks to perpetuate its own existence. Hopefully (should the SBA finally decide to allow it) you will be permitted to vote on whether to continue your support through the mandatory fee. When that timecomes, I urge you to consider the issue carefully. Bob Cltronberg ExecutiveSecretary, SBA On Point Jaworski visit disappointing (Ed. note: forrelated story, see page 5) by Dean Silvers Leon Jaworski's Sept. 24 visit to the Law School had been eagerly awaited,and the anticipation increased when he did not appear at the scheduled 3 p.m. starting time. The absence caused by his delay was amply filled by Professor Michael Tigar, who discussed some of the more provocative aspects of the Watergate Investigating Tsam. The scene was set. It was as if the back-up band was on stage; and the crowd reacted with anxious consideration while they eagerly awaited the coming of the main act In addition, Jaworski exhibited the And then it happened. Suddenly and dramatically, as if it was set up by Bill unique quality of being both "cool" and Graham himself, the main act appeared like "luke-warm" at the same time. Such an a flash from the side, out of view until the attitude and demeanor was not something very moment he reached the podium. The one would have expected. Passionate and provocative questions would be fired at crowd went wild with adulation. One of the few heros (which Americans Jaworski, and he would dodge them with so desperately need) to surface from the the greatest of ease. Watergate quagmire had arrived. The This frustrating situation reached its valiant knight in shining armour, a heretic apex when one woman asked a pertinent King question Richard's here. Court, from. was about amnesty and the There was triumph in the air, and the presidential pardon. American spirit shone as brightly as the "How can I honestly explain to my children the rationale behind pardoning flag pin on Mr. Jaworski's lapel itself. Yet as has been the case ever since I saw Nixon, while tens of thousands of fellow my father exchanging 25 cents for the Americans are not pardoned, and are not tooth underneath my pillow, I discovered allowed back home, due to their moral once again the harsh world of beliefs, a more nobler cause, in evading the disillusionment and reality. Perhaps the draft for the immoral war in Indo-China?" lesson learned from Jaworski would read asked the woman. something like, "Prestigious government To which Jaworski merely remarked lawyers never grow old, they just grow that he had nothing to do with this indifferent" situation, and he declined to comment Sir Leon came not to discuss various further. When asked about this same topic, the aspects of an event unique in its implications for America, in which he pardon, seconds later, he had much to say. played an integral role. Rather, he came to Why the change? In this instance he was defend his "good name" against a defendinghis country. He attempted to prove that Ford did non-favorablereview of hisnew book. What I am speaking in regard to is the not "make a deal" with Nixon to pardon review of Jaworski's new book, The Right him. Jaworski asserted that Nixon and the Power in the Sunday New York contacted him indirectly, and that Nixon Times Book Review Section, September was sobbing, begging to be let off the 19,1976, by Seymour Hersh. In thisarticle hook. Jaworski then stipulated that this Mr. Hersh ably criticized Jaworski'sbook. sick man cduld not have possibly already It is quite obvious after reading the made a deal with Ford and still react as he review that Jaworski's talk was nothing but did. But to say an insane man would act in a a direct point by point defense against Mr. Hersh's article. Now one can understand sane manner, as Jaworski asserted, is a contradiction in terms. Insanity holds no Mr. Jaworski'sanger at such an article, but to speak solely in retaliation to thisreview rationale (check Woodward and Bernstein's (without ever referring to this fact) is The Final Days for further verification of highly inconsiderate to the audience at this fact). For Jaworski to use that as a large. means for defending the case of Ford not . .. by Simson on jobs, John Simson too question is when! Two members of last year's nlflis are now doing "Import-Export" work for the largest firm in Colombia, Skag,. Coke, Spam, Spam, Tomato and Spam. Another alumnus is allegedly responsible for causing the Arab Oil Embargo just three short years ago, Note: These questionsappeared in the same form in an earlier column by the official "job-finder." These answers also appeared in the same form in that earlier column although the words were a little different! when in an interview with the Iranian Secret Legal Aid Society, he said, "Shah Note: We Ed. would like to apologize for Who?" the author's obvious attempt at humor by writing an Editor's note. It was obviously 5. What is the Student Placement not an editor's note. As everyone knows, Committee Doing? all editor's notes are in Italics like this one. Yesterday we had a phone call but that was a wrong number. Oh, but the day (finally ...the article.) before we spoke to a number of prominent lawyers1 secretaries. Unfortunately, they're 1 What is the Status of the ) ob Market for all on .the faculty here, and didn't havewiy Buffalo Students? positions available. (Apparently they Buffalo students never seem to do as haven't received our Kama Sutras Ha well as human students, however, they do Ha!) do better than Antelope students. It's probably genetic, so don't worry. 6. What are Alumni and the Faculty and Staff of the Law School Doing to Assist 2. What Kinds of Positions Have Third and with thePlacement of Buffalo Students? Year Second StudentsFound? Truly the greatest contribution that can Mostly, the same kinds of positions as be made by our staff and alumni is everybody, else, although I have heard convincing the legal world that Buffalo rumors that some students here at John Students can adapt to a human Lord O'Brian have discovered the Kama environment. I would recommend, Sutra and/or the Single Wing (with Bleu accordingly, thatall students: Cheese and Celery Stalks), and are using 1.Maintain their costs properly, and not some incredibly different and interesting look unkempt; angles. Sea Grant will soon have a new 2. Not grovel or make Buffalo noises; Position paper about it, entitled: New 3. Not Stampede; and Positions: Fun Without Environmental 4. Celebrate the BlSONtennial, 4 Tigar Ruin. See also 221 S.2nd 492, at 496, 2, at 3Vi 1 also spend a great deal of time where a very interesting position is with our alumni. I was being, defended by discussed by Chickeniooper, C.J. one of them only yesterday. I recently met with an important judge, a prominent 3. What Kind of Salary are the Positions government lawyer and several leading You Mentioned Paying? attorneys, and each has expressed his Generally, the salaries of the jobs that willingness to help us. Unfortunately, at we are not getting are very high. However, the time of our meetings, they were under we are working constructively toward that the mistaken belief that I was from end. Although it is doubtful that Buffalo Harvard. students with their genetic defects, will ever get these jobs, we have been assured 7. Will We Have Career Days This Spring? by the employers that those who do will YES! We will also be hosting an receive less money in the future. This will Alumni-Student Client Counseling make the salaries that our students do get Competition, and a Job Picnic. Everyone seem that much higher. And of course, as will eat sandwiches with the crusts cut off, with all jobs, the salary depends upon the and sing the Alma Mater, "Youand Me and position you are in. the U.C.C." written by Karl Lewellyn,*, from his forthcoming album, Son of a 4. Many Students State that They Have Breach. Not Found Employment. Why is This So, and Should This Cause Them Concern? The firm of Nixon, Agnew, Krogh, Yes. Traditionally, most Buffalo Law Haldemann, Colson, Segretti, Meckler, and Graduates do not find jobs until there is a Heckler will be interviewing here next major scandal somewhere, hundreds of Wednesday. All interested students should lawyers are disbarred, and a need is felt. come prepared with resume and proof of When no major scandals are forthcoming, disbarrment. The firm of Roto, Rooter, and Co., is other interim pursuits are alwaysavailable. One well-known Alumnus no* leads the looking for a staffperson interested in entire country in job intenuews. Such Environmental litigation. Resume and hip persistence is sure to be revfcted. The boots are required. Ed. . - > > making a deal is plainly ridiculous. Please understand, I do not think Jaworski is a dishonest man. His honesty and integrity is beyond question. It is his perspective, convention and "attitudinal" form which is being held in question. Yes he is honest, but it is an honesty grown out of a void the status quo and developed from the sterility of impression. - - Jaworski is used to things as they are. He is not able to look beyond Watergate, to its implications and future orientation, it being the most significantevent to occur in this country within the last 200 years. He seemed to use the word "insulate" frequently during his talk. Maybe he has become a product of what he was talking about. This inability to search in the realm of true human inquiry settled like a dense fog over the Moot Court Room Sept. 24. Alas, one more knight lanced down. Jaworski's attituder crystallized in his concluding remarks. He said that he based his faith on the American system, despite its numerous shortcomings. He most readily admitted that justice had become an aphorism in our country. Thatviewis a flag-waving relativistic one. And after that statement, he made no allusion to any attempts to alleviate the inequities in this country. It was as if he ■ were syaing, 'Although our system is not fair, we are better than anyone else, so we do not have to worry about being fair and equitable in this country.' Something went drastically wrong along the way if our only defense of our system is by comparison to the rest of the world. To live relatively rather than absolutely, especially in the present day, is no great and admirable task. Compounding the frustration is the realization that Jaworski was in a position where he could have exerted great and profound political change changes which could have dwarfed all previous political change by comparison. But this fleeting moment was lost in time. All I can say is, life must, look different on Maggie's Farm, and where do we go from here, Mr. Jaworski? - �October 7,1976 OPINION 4 The debates Peanut farmer and peanut brain square off by Rob Ciandella A few years ago Polish writer Jerzy Kosinski wrote a book called Being There in which the main characteris transformed from a celibate hermit into a national celebrity through the miracle of media. Kosinski's character, named Chance, had spent his entire life inside an enclosed yard working on a garden until a series of fortuitous events thrust him into the national spotlight. Chance found himself a guest on a political talk show with the President's economic advisor at a time when the country was saddled with a severe recession. When asked his view on the economy Chance naturally responded within his frame of reference, "Well, in a garden you must be sure that the roots are strong so that when dryness comes Recently Kosinski's cynical vision Carter had arrived after beating back a became somewhat of a macabre reality as even more absurd two seeming accidents of history, one a stiff challenge from an Kosinski model, a guru peanut farmer from the south and the extension of the the west coast who other a peanut brain from the midwest, Governor from captured the hearts and minds of a lost met in a I candidates for the Presidency of the United generation with a strange neo-conservative mysticism. Farmer Carter won national : States. ..." with his chestnut resemblence to John Lower outside corner by Tanis Reid I am really hesitant to do a column, which was originally intended to be only a monthly humor column, on Patty Hearst. For one thing, putting down in print my opinion on such a subject in front of a whole population of law school students is sure to earn me some enemies. I already got the "are you kidding" from the editorial board when I suggested maybe this copy should be run as an editorial. I must admit that the editing decision was a wise one. Patty Hearst is old news now, but not only for the reason that this issue went to press almost two full weeks after she was sentenced to seven years in prison. Actually, her story is not really over, as she yet faces charges for still more seriouscirmes, and as the Harrises have yet to be tried for kidnapping Hearst. Still that news which is left, though it may end up on the front page, has lost its urgency. I guess that's what bothers me. There seems to be a popular acceptance that Hearst, whose life first demanded front page anxiety and then excited the wrath of betrayal in prime time media and its followers, has finally had poetic justice formerly imposed upon her. It is ironic that the day before Hearst was sentenced to prison, those charged with her kidnapping were arraigned. Or maybe it isn't ironic. It doesn't seem to affect people as such, and it doesn't seem as if the court accepted the argument that the kidnapping was so brutalizing that, in effect, it prevented Hearst from developing the necessary mens rea for the crime of which she was convicted. F. Lee Bailey's strategy in the defense of this trial is not fully known, and will probably not be known until he has time to publish a book of enough quality to earn the royalties needed to support his lifestyle. However, Bailey's skill as an attorney is highly reputed and it is likely that were the kidnapping effects an affirmative defense to the willfulness of Hearst's participation in the bank robbery, it was argued as strongly as the law would support. Yet, though Bailey is supposed to be one of the best, it is doubtful that Bailey's presence was helpful to Hearst's cause at trial. But the trial was a circus without him. The press was certainly willing to throw one of its own into the ring, in order to promote the ever-increasing myth that whenever the American people are being exploited by theCIA, by the Republican - ~ prominence with a stunning victory in the hub of American political tradition, New Hampshire. As the fall TV season opened, farmer Carter-could be seen intently studying peanuts and engaging audiences with his purity and pomp rural charm. Quoting Bob Dylan and imitating Max Yasgur farmer Carter aroused the American political scene Kennedy. — He was met in i.the debate by the incumbent Ford. F6rd, whose principle claim to legitimacy seems to lie in his 'being one of the guys' while in Congress, a most startling development in view of recent Congressional activities, was handed the office by an obscure and nameless man known only as "the predecessor." Now a non-entity in noplace like San Clemente, "the predecessor" was recently quoted in the ;Sacremento Bee Line as sinisterly implying that his wife was responsible for the ascension of Ford. "Pat did it," he said. This might prove to be of some concern to Ford supporters because he has a wife of his own and an affair with his daughter. Basically though, Ford was good. "The predecessor" was bad. Not that Ford's goodness prevents him from being tough. He was tough, a fact borne out by his relationship with his son in residence, Jack. Ford made Jack court silly rock and roll stars and pretend to be a heterosexual Party, by the rich, by whomever the press will expose the exploiter and prove itself the last-ditch protector of American freedom particularly when the exposure is such lucrative copy. Then again, why blame the press for this fiasco? Despite all the heinous crimes in this country, the violent murders and brutal sexual assaults occurring daily, the FBI only too readily slapped Hearst up on their ten most wanted list when it appeared thatrather than trying to save a victimized youth, they had perhaps been led on a wild goose chase by a spoiled brat. What's more, what, had it not happened, would seem incredible, is that despite the fact that they were not yet sure Hearst's SLA participation was voluntary or forced, the pol ice poured about 500 rounds of ammunition into a house in which she was believed to be. The resultant deaths can never be condoned, and to suggest that a once willing to kill her is government later attempting to aid her with a fair trial incomprehensible be must to Hearst's already confused mind. by ) ohn Arpey But more than the courts, or the press, or the FBI, what bothers me most is that For all you student tax buffs who have many American people seem to acquiesce just recently acquired a thirst for to seeing Hearst done in. Maybe it's knowledge in this area, this week's column because most Americans were sympathetic is to inform you of some of the more towards Hearst when they learned of her recent changes. kidnapping. But, when they learned that The Tax Court has modified its prior their apathymight have been unrighteously position on the deductibility by an provoked, they, like the FBI, were angry employee of expenses arising from his for having been made the fool. And, too, maintenance of an office in his home and ail those Americans anxious to see the rich will no longer follow Stephen A. Bodzin, pay theirshare of punishment joined in the 60 T.C. 820, rev'd 509 F.2d 679 (4th Cir. anti-Hearst campaign. If they had failed to 1975), cert, den'd 423 U.S. 825'(1975). get retribution from wealthy, wayward In Bodzin, the court had held that such politicians, they could perhaps be more expenses were deductible by an attorney successful in demanding it of a young, rich employed by the Internal Revenue Service. radical. The Service maintained that an employee And it is only retribution that may only deduct home office expenses if Americans are seeking in Parry Hearst's his employer requires work to be done at punishment. There can be no rehabilitation home. The Tax Court, however, ruled that in a prison setting for a young twenties the test for deductibility was whether "the woman suffering from severe psychological maintenance of an office in the home is strain. Nor can it be claimed, now that the appropriate and helpful under all SLA members are either dead or confined, circumstances," even where there was no that Hearst is a threat to the stability of evidence that the employer required that this country's society. Had Hearst been work be done at home. burned to death with the rest or most of Only upon a finding of bad faith or that the SLA, Americans should never have had personal convenience was the primary to decide whether she was a brutalized reason for maintaining the office would the victim or converted, confirmed radical. deductionbe defeated. The Fourth Circuit Rather, they would have willingly overruled Bodzin. christened her an American martyr and Now, in a case with identical facts, the stored her with the Lindbergh baby in their Tax Court has disallowed the home office memories. expense deduction of another IRS — just to capture the substantial groupie vote. The debate was held in that model of American progress, Philadelphia. Ford took the initiative early, handing in a bravo impersonation of Chevy Chase. Reaching for a glass of water, the Ford candidate momentarily forgot that he had instructed his staff to glue the glass to .the podium and in the minutes before the camera turned away from his struggle, Ford had made the first major move of the debate. Carter responded with a superb impression of Carter. He then went on to note that while he had great sympathy for the handicapped and had in fact been called a mental cripple by Lester Maddox, he nevertheless felt compelled to condemn Ford's choice of a running-mate as a blatant appeal to the amputee vote. Ford emphatically declared that he was not now, had never been and would not engage in an affair with his daughter. Carter responded with an observation that his daughter was too young to be considered in this regard, at which poinl Ford injected that this was not necessarily so. Moving on to health policy, Carter said that it was clear that Ford must bear the blame for legionnaire's disease, adding that under his administration no pinko plots to fluoridate the water would succeed. Ford replied that he was a legionnaire and he was not a disease. On the attack again, Ford said that Carter was at fault for the dearth of peanuts in Skippy's Peanut Butter. After a quick tut away to Walter Cronkite, who explained to a confused public that Ford meant that there were fewer peanuts in peanut butter, Carter responded by pointing to the unemployment problem. To dramatize his contention, Carter pointed out that hfhwas unemployed. He indicated that were it not for the $21 million the government had given him to do this posturing, he would be justanother poor cracker millionaire. Ford allowed that anyone who used the word cracker in the family hour would probably permit socialized abortions. Carter denied that he was an abortion. And on it went, pushing back the starting time of Mary Hartman, these two masters of rhetorical skill matching each other profundity for_ profundity. Court makes taxing decision v. Commissioner, 66 T.C. No. 52. The Court based this opinion on n ternal Revenue Code § 161 and ICommissioner v, Idaho Power Co., 418 U.S. 1 (1974), which state that the Code provisions disallowing a deduction for personal expenses take precedence over the provisions allowing buisness expense deductions. The Court also followed Treas. Reg. Sec. 1.262-1b3 which allows a deduction for home office expenses when the taxpayer incidentally conducts business there,his place of business being elsewhere. Finding that a taxpayer's use of a home office was "purely a matter of personal convenience, comfort and economy," the Court now declares that the "appropriate and helpful" test requires a balancing of all facts where there is a mixture of personal and business considerations. However, the Sharon and Bodzin holdings are narrow, relying on the facts that the employerprovided an office which was usable during non-working hours and that the employee's workload did not appear to require work after hours. The Second Circuit permitted a home office expense deduction in a situation where the employee was required to work after hours, even though the employer provided an office, New! v. Commissioner, 432 F.2d 998 (2d Cir. 1970). Newt was distinguished in the later cases and may satisfy the balancing test of Sharon. attorney, Sharon �October 7, 1976 OPINION 5 Court battle on welfare continues by David Munm The Court of Appeals has unanimously ruled that the state's statutory scheme requiring that counties pay half of the non-federal cost of state-mandated public assistance programs is constitutional. A three-page per curiam decision issued late in September affirmed a ruling by the Appellate Division of Supreme Court. The Appellate Division had held that Erie County was required by the New York State Constitution and the Social Serviceslaw to provide the local share of funds for its Home Relief, Aid to Dependent Children, Medical Assistance, and Day Care programs, and the court ordered the county to immediately resume making payments and reimburse the state for temporarily paying the county's share of welfare costs. Erie County plans to appeal to the U.S. Supreme Court as soon as possible on Fourteenth Amendment due process and State Constitutionand result in a denial of equal protection and due i process rights under the Federal ; and State Constitutions. The county's home rule argument was that the present funding schemes automatically appronriate about half the gross , JLimited county budget (56 percent in traditional and essential county thus "rendering meaningless the county right to affairs." manage its own The Appellate Division rejected this argument, holding that Section 2 of Article IV of the State Constitution confers upon 1976), pre-empt about half the services county's limited real property tax levy, and by reason of the disproportionate burden imposed on Erie County, reduce the role of the county executive and county legislature to the dismantling of -- the State Legislature the power by "general laws" to abridge home rule rights, and found that the Social Services Law was such a general law. The substance of Erie County's equal protection and due process - legal aid launched continued onpage 6 Student legal services program restructured , , by JeffGranat Additionally, the program does for legal not provide representation Note: Granat in Small Claims. (Ed. Jeff is a \ third-year law student and a Court. While Small Claims is not former legal worker with SLAC.) as formal a judiciary setting as other courts, students prefer SUNYAB students can expect having a lawyer present their a new style of legal representation cases. Many students feel that they and legal services in the coming semesters. are not treated fairly in the Small Claims Court, especially where In August of this year, the undergraduate Student their opposition is representedby Association cut funding of the counsel. Since many Student Legal Aid Clinic (SLAC) landlord-tenant and consumer and withdrew recognition of the problems involve actions against Clinic as a student organization. corporations who must be equal protection grounds. Simultaneously, Sub-Board I, represented by counsel in court, The battle between Erie Inc. approved the financing of the student fears about representing spurred Group Legal Services Program themselves seem justifiable. and the State County was when the county legislature,citing (GLSP), a pilot program designed The structure of the new the county's severe financialcrisis, to supplement the services of the program has also been questioned. refused three times last summer to SLAC and initiate innovative The GLSP is set up similarly to a prepaid legal insurance program appropriate funds to keep its programs in other areas of law. welfare programs running. The The actions of SA and with a closed panel, except the mid-year appropriation was Sub-Board generated a great deal panel of attorneys is limited to necessary because the county of controversy. Some of this one, SA attorney Richard Lippes. SA nor Sub-Board executive and county legislature dispute was due to the political Neither appropriated twenty million climate during the inception of considered alternatives such as an dollars less than the $137 million the program. Members of the open panel plan, where the plan requested 'by the1 County Social SLAC felt that they were not pays for the services of an consultedbefore the proposal was attorney chosen by the student, Services department for 1976. The amount finally acted upon and their recognition or a plan where attorneys with appropriated was less than the revoked. diverse areas of expertise are There was also much debate retained to provide services to the amount appropriated in 1975 for these programs, despite concerning the merits of the students. ever-increasing numbers of welfare proposal. It was suggested that, in The fundamental question is, recipients. In ]une, the Social many areas, the program was not basically, whether the new Services department estimated tailored to the needs of the program is worth the expected that it would exhaust the students. $35,000 it will cost, especially budgeted funds for public For example, under the considering the fact that the assistance by Sept. 1, and it was proposal, students arrested on S L AC was funded at thus forced to request additional drug charges or by campus approximately $14,000. appropriations of $5.5 million to security would be provided with The GLSP will provide services carry these programs through Oct. free legal advice and from four components. The first court. representation The 1. in will offer students free and After the county legislature concept of limited legal unlimited advice and consultation twice refused to appropriate the representation in-criminal matters on legal problems of any nature. necessary funds, and after it failed to take into consideration An attorney will be present in the appeared that funds .on hand the fact that most student arrests office for 24-28 hours weekly for would be exhausted in a matter of are for other offenses, such as consultation. Complete legal representation days, the Commissioner of the driving while intoxicated and will be available in certain State Department of Social disorderly conduct. Article 78 Services commenced an proceeding seeking an order adjudging Erie County in violations of the New York State Constitution and the Social Services law. It also sought a direction to appropriate sufficient maybe President by Connie Farley I had thought funds to enable the county to Nixon would come forward with continue to pay its share of the things ..." But nothing "In the end, truth will out," some state-mandated public assistance certainty to Shakespeare's significant has been forthcoming, was a programs. of he said. Erie County filed a Launcelot in The Merchant has Jaworski, visiting Buffalo as counterclaim alleging that those, Venice, but Leon Jaworskisince the guest of the Niagara Frontier sure in the days sections of the' Social Services not been so Polish American Bicentennial Law which provide that 50 Watergate. outlined what he That's why, (aworski said, Committee, percent of the nonfederal cost of to the Law School termed "a few of the tough public assistance must be borne during a visit begun telling the decisions we had in Watergate," he's by local governments under the Sept. 24, role as Special including circumstances faced by Erie story of hiswith the publication -Whether a sitting president County conflict with other Prosecutor Right and the could be indicted for a charge like fundamental rights and benefits of his book, Thetalkslike the one obstruction of justice as conferred by the State and Power, and with Court Room opposed to, for example, a serious the Moot in gave he Federal Constitutions and must, criminal charge, in addition to 400. therefore, be invalidated. to a crowd of about silent partly being subject to impeachment. Jaworski had keptlitigation still Specifically, the county alleged "To what extent would the that the required 50 percent to avoid prejudicing of Watergate, courts permit you to do that," the wake in pending the contribution ratio will violate "I had hoped Jaworski said. "Wouldn't they be right of the county residents to but also because revelation of inclined to tell you to impeach effective self-government under there would be more told Opinion. "I first?" It is Jaworski's opinion the Home Rule provisions of the some things," he criminal proceedings, I and lord-tenant matters' not involving Small Claims Court, the defense of civil actions not involving Small Claims Court, separations and divorces. The second component will represent student governments of Sub-Board. The third section is described as an educational component designed to disseminate information about various areas of law of interest to students. Publications concerning student rights, social services, consumer rights and the landlord-tenant relationship are planned. Seminars and workshops will be presented to keep the community informed in these areas. Finally, there is a public interest law section. This is the most innovative and promising area of the proposal. The thrust of this component is directed to areas of law involving student ■rights in the university setting and • society. Particular emphasis will be placed upon restrictions of expenditures of mandatory student fees. The program's attorney, Lippes, foresees this component National as the forerunnerof a Center for Student Rights. Servicesextended by the SLAC were similar to those under the new proposal, but not nearly as extensive. SLAC employed three attorneys on retainer who were present in the office for a total of about eight hours weekly and who were available at all times for telephone consultation. The Clinic also utilized paralegals to assist students in legal problems not requiring an attorney, such as social service agency referrals and in tr a-university matters. The paralegals also assisted students in certain landlord-tenant and consumer problems that came within the scope of their training. The SLAC distributed publications informing students of their Fourth Amendment rights, landlord-tenant law, alternative sources of legal assistance, procedures for Small ClaimsCourt and New York State drug laws. Additionally, the Clinic sponsored lease-reading workshops and clinic members spoke before classes on legal subjects of contemporary interest. Under SLAC operation, representation in court by an attorney was provided only for arraignments. The individual student was required to pay his own fee if counsel was desired. Overall, the coverage provided by the new program is well worth the cost. The latest estimates are that the cost per individual student for the program's services is 60 to 70 cents yearly. The implementation of the Group Legal Services Program has been delayed while Sub-Board irons out the details of the program. When the program is finalized, it will then be submitted to the Appellate Division for approval and will be subject to the scrutiny of the administration to assure that the new proposal meets current guidelines for the expenditure of mandatory fees. Since the plan is a pilot proposal, problems concerning its structure and content can be worked out at some future date when more i n formation is available for assessment of the legal services requirements for students. In the interim, the SLAC continues to provide the same type of services it has offered to members of the university community in the past. Jaworski breaks Watergate silence - - . Leon Jaworskl chats with SUNYAB law that if Nixon had been indicted, he wouldn't have resigned. "Then the problem would have been, "How do you bring a sitting president to trial !u It would have torn the country asunder worse than it did up to that _ students -photo, Frank Carroll time," he said. Whether justice was served when Richard Kleindienst was convicted of a misdemeanor for his perjury before the Senate Watergate committee, and itiven a — suspended sentence continued on page 7 �OPINION 6 October 7, 1976 Blind students facenumerous • difficulties, challenges by Sharon Osguod Consider having to plan your courses so you can order your text books a full semester in advance; having to plan your assignments so you can arrange in advance to have someone read them to you; being unable to get into yourlocker because someone removed the tape markings you relied upon to "feel" the combination. These are a few of the problems dealt with by the Law School's three blind students, Don Dally, John Adamec and Lynn Blocher. In interviews for Opinion, all three young men alluded to the overriding difficulty: reading requirements. They are able to order their textbooks on tape, and they use tapes frequently in class. The tapes are supplemented by hiring readers who read to them the material unavailable on tapes. Because the students must retain what they hear and are unable to rely to the usual degree on written notes for review purposes, the readers must spend a lot of time with them reading and re-reading important materials. It is a time-consuming process and it's necessary to have the readers arranged in advance for specified periods of time at reasonable hours. The upset created by a last-minute handout required to be prepared for the next classis of major proportions. "All law students have to work underpressure. Law school is hard and demanding/ noted Don Dally, who is in his third year of a four-year J.D. program. "But these handouts are particularly difficult for me because it means trying to arrange for a reader at the last minute and they just aren't always available when you need them." Lynn Blocher expressed an even greater feeling- of vulnerability on this point. Although it has not yet happened, Blocher wondered if a professor had any idea of what difficulty a last-minute large reading assignment or multiple case briefings could pose to a blind student. Registrar Charles Wallin admitted that the school does not make a lot of special concessions Legislative work busies 2nd, 3rd year students Ed. Note: TheBuffalo Legislation Project is an organization of second and third year law students engaged in researching and writing legislationproposals and re visions requested by legislators or legislative groups from both the state and local levels. It was possible to obtain descriptions of only five projects for the present issue. Descriptions of the remaining ones will be covered in a subsequent issue of Opinion. Public Assistance Standards Becky Mitchell and Sharon Goodman will do research for Erie County Social Services. This project involves the standards set by statute for eligibility for public assistance benefits. Members will develop materials showing the levels of standards and any changes necessary. Also included will be a discussion of various review mechanisms. State Hospital Rate Setting John Suda and William Hultman are working on a project for State Senator Lombard!, Chairman of the Health Committee. The project involves comparison of a bill proposing a . , State Hospital Rate Setting Commission with similar proposals from other states, and an analysis of the New York proposal. Ordinances v. First Amendment Rights Brian Brockway is reviewing the ordinances of the City of Buffalo for possible conflicts with the New York State and U.S. Constitutions at the request of the Buffalo Corporation Counsel. Joe 1 Broderick is the editor in charge of the three projects. City BlueLaws Project Kirn Hunter and John Arpey are researching the possibilities of revising the New York State Sunday Sales {"Blue") Laws for the New York State Assembly Codes Committee. Working with project Editor Alan Gerstman, they are currently researching the constitutional and policy arguments on both sides of the blue-law question. I n addition, they are conducting a state-by-state survey of other Sunday Sales Laws throughout the country. This Sunday, the Assembly Codes Committee will conduct a hearing on the issue in Buffalo, at which time the Blue Laws project members will present the preliminary findings of their tG the blind students. They are permitted to take their exams in a separate room where they can have readers, typewriters and whatever other special equipment they might require. As far as Wallin knew, the for John Lord O'Brian Hall did not include considerations for blind and other handicapped persons. The old facility downtown had so many obstacles that it would have been terribly difficult for a blind student to get around there, he observed. Indeed, in the six years that Wallin has worked at the law school, the three are the only blind students he is aware of. The present building is relatively easy to negotiate for a blind student, though Adamec noted that when he started at the Law School two years ago, there were still construction materials in the corridors which posed hazards for him. Since the elevators will not go to the basement wihtout use of a. key, keys were made available to them. "But not right away," Adamec states. "We had to work on administration nine months, before they finally gave us one." This may have been caused by the confusion of the move to the new building, however, Adamec notes, it also took quite a while to persuade the school to allow them private rooms on the fifth floorof the library where they could use tapes and, readers-^ withoul building plans disturbing otKer st'uderftsTAdamec added. All three of the men were once sighted and have had to go through the emotional adjustment to their blindness. Dally, 42, who lives in Grand Island with his wife and three teenage sons, adjusted to his blindness at the same time he was adjusting to law school, he said. He received a B.S. in 1956 from Miami University in Ohio, working in research and development in the plastics industry before losing his vision. Dally thinks that the Law School should not make special accommodations for blind students, noting that they must leave school to work in a real world where they will have to study. cope. "It is not consistent with Municipal Loan Guarantee Fund good logic to expect accommodations for such a small Project Project members Evan Giller fractionof people," he said. Adamec is 35 and a bachelor. and Steve Errante are currently involved in criticism ana redrafting assistance on a bill which would establish a Municipal Loan Guarantee Fund for the arguments is mat due to ihe State of New York. The bill, first county's shrinking tax base and its introduced in the New York State high proportion of welfare Senate last year by Senator Flynn, recipients, the rigid SO percent Chairman of the Senate Cities share the county must pay results Committee, would create a fund in an unequal and discriminatory supported entirely by cities, cost for its taxpayers when towns and villages in the state for compared with five other major purposes of creating a type of urban countiesoutside New York City. insurance against bond default. The Appellate Division rejected Theultimate result is expected this argument as wlel. Identifying be of credit for the class allegedly discriminated to a loosening New York State municipalities. against as the taxpaying residents The concept is original, having no of Erie County, the court stated model in any other state. The that this classification is not project members, with editor Alan inherently suspect and thus found Gerstman, '-are currently defining the test of strict judicial scrutiny the issues to be pursued in the to be inappropriate. In applying critique of the bill. the more lenient "rational basis" Lynn Blocher, a first-year law student, is pictured with his guide dog, Greta- graduated in Iy 70 from Fordham University with a degree History. His vocational goals in were uncrystallized until he lost his vision. The adjustment experience for him included introspection regarding what he wanted to do with his life, culminating in the decision to go to law school. He is in his third yearof a three year program. Adamec is unsure about what accommodations the school has made or should make for blind students. He feels some frustration over having to wait so long for some of their expressed needs, but he recognizes also the of the bure,ma-,u;y TSflmplicated by;the WWe vi Ui« new building. Professors have been helpful, he said, always displaying receptivity to him when he goes to them forindividual help. Adamec suggests that it would be helpful if the school put blind students in touch with the Placement Office in their freshman year to begin preparing them for job placement Counselling would be helpful at times for emotional needs, too,he added. Blocher, a 30 year old freshman student also single, lives on campus with his seeing-eye dog, Greta. Before coming to law school, he worked in Rochester as a Program Technician for Animal Control. He is originally from Bradford, Pa. Blocher is more concerned about the provisions made for him. As a first-year student he has been assigned to the Discretionary Program which does not adequately meet the special needs He ~ of a blind student, he feels. Rather than needing additional class time, Blocher said, he needs time to read. The added burden of extra class hours is nuldfipit difficult for him to accomplisnthe reading. "I don't expect to be treated any differently," Blocher said, but by being i ncluded in the Discretionary Program, school is actually being made more difficult forh,im. The concerns expressed by all three men echo the issues dealt with by a variety of advocacy groups for handicapped persons. "-Sfratfljd major accommodations in building layout and program policies and procedures be made for a small minority of people? It is a question of balance between the needs of the majority versus the needs of the individual. The issues narrow, however, as awareness is heightened and as individuals and institutions become more considerate in the everyday, practical accommodations that can be made for the person with a special need. It was, in fact, Dally who led this disoriented first-year interviewer to the previously undiscovered first floor lounge, it was Blocher who scouted around the Law School and found Adamec when he could not be located for the interview, and it was Adamec who knew how to get out of the fifth floor maze of the library. Taxing decision - continued from page5 test, the court said that the sole programs efficiently and to question presented was whether prevent abuse. the funding ratios established by Joe Melillo, a third-year law the Social Services Law rationally student who has worked on this advanced the legitimate, articulated state purpose of providing aid, care and support for needy persons (mandated by Article XVII, Section 1 of the State Constitution). In holding that they do, the Appellate Division pointed out that (1) traditionally, the cost of public assistance has been deemed to be primarily a local burden, and (2) the funding ratio rationally furthers the State's interest in providing the individual counties with a compelling incentive to administer the case since its inception, stated "I don't think the opinion of the Appellate Division fully dealt with our arguments. In particular, the court did not explain why they didn't employ a 'strict scrutiny' test in their equal protection analysis. We argued that this was the proper test because of our contention that Erie County's fundamental constitutional right to meaningful home rule Is being violated." The county plans to appeal in the U.S. Supreme Court immediately. > �October 7, 1976 OPINION Jaworski... Legal writing course seeks qualified teachingassistants Sponsors of the freshman Legal Research and Writing course are looking for second or third year students interested in working as teaching assistants during the second semester. First yearstudents are required to enroll in the course, which carries three academic credits and satisfies residency requirements. Joan Hoi linger, faculty supervisor of the Legal Research and Writing course, and a faculty committee will select 15-18 teaching assistants on the basis of their demonstrated proficiency in legal writing, their academic performance and their interest in teaching. After an initial screening of all applications, the most promisi ng candidates will be interviewed. Each teaching assistant will be responsible for a section of approximately 15 first year students. In addition to meeting one and a half to two hours every week with their sections, teaching assistants will schedule frequent individual conferences with their students. Hotlinger will run an orientation program for teaching assistants during the ten days prior to the start of classes Jan. 17. During the semester she will meet regularly with all teaching assistants to develop common standards for instruction and for evaluating student performance. Teaching assistants will be expected to assist first year students in acquiring a variety of legal research and writing skills. Students will be required to complete from three to five writing or research exercises. The exercises will be based upon substantive materials introduced in the first year Property or 7 - continued from page 5 jaworski suggested that the Eastland of Mississippi on Nixon's Special Prosecutor's Office had a behalf. Eastland told the Special sort of a moral obligation not to Prosecutor thatNixon had begged deal too harshly with a man who him, weeping, to intercede with had been "beckoned" into the Jaworski "and that I not put him office to spill the information the in the dock with Ehrlichman and prosecutors needed. Haldeman. If he had an agreement beforehand, what was the purpose Constitutional Law courses. At least one exercise will concern an issue of professional ethics. Students will also have an opportunity to present oral Kleindienst had talked freely arguments based on their own about his knowledge of the research to a panel of faculty scandal and admitted the earlier "judges." Office of the Compensation... for the perjury to the before anticipated 15 hours per week Special Prosecutor even aworski replaced the fired spent in teaching, preparation, J conferencesand evaluation will be ArchibaldCox. about $1200 for the semester. "When we had to make the Interested second and third year students should submit decision [of whether to charge Kleindienst at all], 1 called applications, consisting of a resume and a recent writing Archibald Cox and asked his sample, to Sandra Maedl or Cheryl opinion," recalled Jaworskt. "Cox Bartholomy in Room 523 before said that Kleindienst was entitled to considerable credit for what Oct. 11. and that he was Questions about the course or he'd done the procedure for selecting glad he didn't have to make the teaching assistants should be decision." directed to Hollinger in Room 619. Whether the pardon of Richard Nixon could be attacked. "It's a Constitutional power of the President to grant a pardon for any reason or for no reason," was Jaworski's assertion. "There's not much precedent but there's no limitation on the power to pardon in the Constitution and that's the only place there would be a limitation," he said. .. — LEGAL CROSSTICS of the call?" asked Jaworski. "Richard Nixon wanted that pardon. He sought it and the fact that he so readily accepted it shows he considered himself guilty," Jaworski added. "A pardon is not something you hang on your living room wall and show to your friends." In a subsequent interview with Opinion, Jaworskt said that Nixon's insistence on calling the legal shots despite his attorney's advice contributed significantly to his own defeat. "He just wasn't that good a lawyer," Jaworski drawled with a grin, "and even wayback yonder, Shakespeare said, 'He who has himself for a lawyer has a fool for a client." Jaworski drew a sharp distinction between practicing lawyers and the political lawyer-appointees who were involved in so many of the Watergate illegalities. "A lot of people bring that up and I think said he personally it's unfair," he said of a question Jaworski didn't believe that Gerald Ford about the state of legal ethics in had promised the pardon to light of thoseinvolvements. Nixon before his resignation, or that it gave Nixon a particularly "Think how many lawyers easy out. worked on the prosecution forces and conducted themselves Between the time of Nixon's honorably I think most resignation and the granting of the lawyers are honest. What disturbs pardon, Jaworski said, he got a me is that some don't live up to telephone call from Senator James standards." — _ ... ACROSS DOWN' »«ut.iuio 2. Ascot 3. Actors Equity Association 4 Comical 5! Carnation f°'m '■SlDr" 7. In the civil '°the "" """■" right to us. and law, enloy property vested In another R RAtnlatA 12 . „,,„,„ |n chemjstry| '" Turn of the Screw mo)yt, denum }J;.,„_:, by „,, ?L"" °' or enclosed 15. Contained }'■ |f™' "improper """""" s« ,b~"u, ™ s"^"' Z3. lIIhW Of Wflt© 24p The caP'tal of the examination "" »"swer <° 12*Hodgepodge „_ <« '"^f'o" "p'rop'.mfr.a, one -20 A suffix to form feminine nouns "•Frolic30" 9 Choose ia interview attlr. . (ma,., plur.l personal, }?: ™.!f"" '"""■■' *'■ auuiio 1-. _ ■u lrra fu MCCarty 28. In Dorsetshlr.; local, of Thomas V.Vormlng sulflx 29. 34. A briefIntroduction or preface S ni m*St" Ur"" Anraaiectiv ls' Tta' IP' II: wAccount, Receivable (abbr.) >""'** Dro="al""s ?^"o'" II ,„, r, 4?' Bnnn.r (DIU"" Fmnrt. .1 1 ll' 41 SflSly n n 5?-1!* 'k""1 '""" °' G'k- "D""Mt U"? 11"™ "tic" 56' Perform,act 56. _ party for held by 1"0"1"- sproe Country In South America 34. q artlrl* |^'Fmnch Transgression |»- Sv"comi«elina Last riame, comedienne, Last name FITv 40- ««■ Recording Secretary (abbr.) "-^ Wi(«" *" "" '"•""" a 47. L.MI. tag 48. In anatomy and 49. Northeast by Chris Carty Bashalr A.S.S.R. v«ins zoology, flpel"I"™'1"™' "'m,'," "• ?wo ur,lt"r.g.rded '*■ * 59. 60 StandingRoom Only N||c lU' V as on. s IBB"/:/.' a !<? takesabout ten weeks. in These forms also are available my office, room 303. Applications generally require ten University Supplemental weeks for processing. This column will list the various types of financial State assistance available to law Tuition Award (SUSTA) SUSTA provides an additional students and explain the procedures to be followed to $425 for the Fair 1976 semester supplement the maximum TAP to aid. obtain this award, $300, which the student will already have received. It is Tuition Assistance Plan (TAP) This state-funded program is anticipated that the spring award the only "free" money avaifable. will be at least $425. No additional application That is, the award is not contingent either upon work or forms, other than the TAP application, need be filed. After re-payment. It is only available to New York State residents, and receiving their TAP award notice, is based solely on financial need.*' 'the $425 will be credited to a Students whose net taxable student's account when the income is $2000 or less will student brings the award notice to receive the maximum grant of the Office of Student Accounts $300 per semester. Others with (Hayes A, Main St. Campus). higher net incomes, up to $20,000, will receive a New York Higher Education correspondingly lower amount per Assistance Corporation Loans semester: ■■'/v Spring 1977 semesters. Processing (NYHEAC) These are federally guaranteed The receipt of the maximum award automatically qualifies the loans which allow a student to University up to $2500 per year, borrow student for a State Supplemental Tuition Award with a total maximum indebtedness of $10,000. There is (SUSTA). TAP forms are available in my no interest, charged while the -rtiay' be student is enrolled-in school, but office, room 303. They filed until April 20,-1977 for rates have increased to BX> % awards for the Fall 1976 and during the re-payment period. National Direct Student Loans fNDSL) and Work Study Both of these programs are administered by the University. It is too late to apply for either of these for 1976-77, but applications for 1977-78 should be available through me around Dec. 1. NDSL also are federally guaranteed loans withlow interest (3%) that begins to accrue after graduation. Work study is a federally-funded prog; urn where students work for non-profit organizations who pay only 22% of .the student's salary, the remainder being provided by the federal program funds. This semester approximately 30 law students have received workstudy grants. My office hours for this semester are: Monday 9-10 a.m.; Tuesday 10 a.m. 5 p.m.; Thursday 1 p.m, 5 p.m. For those who find these hours inconvenient, my phone number is 636-2062. —— �OPINION 8 Transfer schemes sabotage school desegregation in Buffalo by Kirn Hunter A student's desire to study Polish or Russian can actually contribute to the segregation of Buffalo public schools, local attorney Richard Griffin claims. Griffin and SUNYAB Law School Professor Herman Schwartz discussed the legal aspects of the Buffalo school desegregation suit before a group of about 75 people Wednesday, Third yearstudent Alaine Espenscheid, center, introduced Atty. Richard Sept. 29 at theLaw School. Griffin, one of the principal Griffin, left, and Professor Herman Schwartz, who spoke Sept. 29 at the attorneys for the plaintiffs in the Law School on the Buffalo school desegregation. suit, explained how white In addition to transfers for at some point. Schwartz and Griffin were students from inner-city districts academic reasons, Griffin havingracially mixed schools have explained that some students were asked to predict the possible impact transfers transfers the basis of of the Buffalo suit on to granted been able to obtain on i predominantly white peripheral letters from doctors certifying desegregation in New York State. schools in order to enroll in that school transfers were needed Schwartz felt that the impact foreign language programs to promote "healthy social would be slight outsideof Buffalo unavailable in their neighborhood adjustment" for somechildren. because desegregation suits by "Clearly," he said, "the their nature turn on the individual schools. According to Griffin, such transfer system is little more than facts of the case. Where there is substantial transfers and other administrative a subtle technique for keeping devices permitted thousands of white kids in all white schools." proof of discrimination imposed Defendants in the Buffalo suit under color of state law, plaintiffs white students to avoid integrated schools in their districts, resulting tried to blame the segregation of are likely to win. But each case in a segregated public school Buffalo schools on segregated can be distinguished from others system. housing situations since the school because the facts of segregation This situation became the basis districts are dictated by will always be slightly different, for a desegregation suit instituted neighborhoods. This did not he noted. "It's a bad time for civil by the Citizens Councilof Human relieve the defendant of Relations, the NAACP and a responsibility for segregation in rights," was Schwartz's member of the Buffalo Common Buffalo, since many of them were conclusion. The possible impact Council in 1972 against the State also responsible for the segregated of the suit may be hard to predict Board of Regents, the Buffalo housing patterns, Griffin pointed since it is by no means over yet. Board of Education and the out. All of the defendants in the case Common Council, among others. Griffin characterized the have appealed. Briefs are due at On April 30 of this year, busing issue in desegregation as a the Second Circuit Court of Federal Court Judge John Curtin "red herring." At the present Appeals by December, and oral ruled that defendants had time, children at honor, argument should be set for some permitted and perpetuated the vocational, private and suburban time in January of 1977. racial segregation of the Buffalo schools already take buses every public school system in violation day, he noted. Busing to achieve SBA... -continued from page 7 integration should not really voted in good faith. don't think of the Fourteenth Amendment. I Professor Schwartz gave a brief disrupt the Buffalo school system it was a misuse of their power, but history of school desegregation in very much at all, he insisted. I thinkit was a mistake, an unwise Buffalo, noting that the present A question and answer period decision ... I don't oppose the suit had its origins in a 1963 suit followed the discussion by cause, but I oppose SBA money brought by the NAACP against Schwartz and Griffin. The being spent for the cause." the Buffalo SchoolBoard over the majority of questions dealt with SBA Director Gerstman, who districting of the then-proposed the nature of possible remedies to initiated and wrote the letter to Woodlawn Junior High School. the segregation problem, the the Editor from the dissenters Several districting proposals had acceptability of these solutions which appears in today's Opinion, been made and the one that was and likely impact of the suit. saidhe contributed to the NAACP accepted was certain to result in Griffin suggested that a at the fundraising tables at the law the creation of a totally black "metropolitan" solution would school. However, Gerstman said school. After weak efforts on the have been best for Buffalo, that is, he opposed the SBA fund part of the School Board, a desegregation plan involving the allocation because "we dohave to Schwartz said that an accepted suburbs as well as the city itself. move under state guidelines when plan was eventually drawn up, but However, it is not likely that any distributing mandatory student it was never implemented. suburban communities would be fees, and since the mandatory fee is basically a tax imposed upon all In the present desegregation willing to cooperate, he said. The defendant's first solution students I don't think we should suit, the overwhelming evidence of school desegregation in Buffalo the so-called Buffalo Plan has use the mandatory fee to support and the line of cases decided in already been found to be one political viewpoint." favor of plaintiffs in similar suits inadequate by Judge Curtin. The The last paragraph in throughout the country made the plaintiffs have offered a plan, but Gerstman's letter which refers to case "easy" in terms of getting a the Buffalo defendants are not recall of directors and restitution positive ruling on the merits of happy with it, according to of student money upset some of the segregation issue, Schwartz Griffin. the SBA directors who supported The plan proposed by plaintiffs the NAACP allocation. Gerstman said. After Judge Curtin's decision would call for creation of seven denied that he was calling |or a in April, the suit progressed into a city school districts. Each district recall of those directors who "remedy phase," Griffinsaid. The would contain one of the seven supported the contribution; He decision only established the city high schools. The elementary said he was merely informing the liability of the defendants for schools in each district would be student body of the remedies segregation in the Buffalo school divided so that all peripheral available if they believe directors system. Under court order, the schools in the district would have breached their duties. City of Buffalo must now come include only kindergarten through SBA Director Edwards, who up with a complete desegregation grade four, and all inner-city voted for the allocation, plan by October 15 of this year, schools would house grades responded in part: "The recall of 5 thru 8. All children would directors on this issue wouldbe to Griffin noted. Partial measures are already in remain in one district for all their impugn their integrity when the closing schooling and would have to be directors who voted in favor of of some with the effect schools and the transferring of bused for no more than two-thirds the disbursement felt they were pupils. But Griffin saw this as of theirschool years. All children acting within the guidelines and only the beginning of the long would have the chance to go to a within the interests of the student school in their own neighborhood body ..." process of change. - - October 7,1976 Prison head responds to unfair hiring accusation by Jean Graziani Acting Commissioner Chinlund, reached by telephone Corrections Commissioner Friday, said that he wasn't sure Richard Chinlund told whether Benjamin was- qualified. Opinion Friday that he never "We needed a balanced staff denied Ron Benjamin a job with involving individuals who can the Commission. His hesitation in make field visits to correctional hiring the 1976 SUNYAB Law institutions, be helpful with School graduate and convicted policy suggestions, investigate felon was due to questions about inmate deaths, assess medical Benjamin's qualifications and services, and be helpful in working uncertainty about staff positions toward the implementationof the grievance procedure," he said. "1 available,Chinlund said. Benjamin, alleging never denied Mr. Benjamin a job, I discriminatory hiring practices, is only asked for more time to filing a civil rights suit against the decide just what kinds of people I New York Commission of needed to work for the Corrections. Benjamin claims that commission," Chinlund added. Recently, Chinlund has hired the only reason he wasn't hired for a staff position with the two ex-offenders who, he says, commission is because he served "know the flexibility of being 32 months in prison for grand helpful in al! of the above areas." theft. He charges that Chinlund Benjamin is engaged in a recently hired two ex-offenders as state-wide campaign he says will a result of public protests make known such discriminatory Benjamin's allegations have practices of the commission. He is caused. now planning a paid speaking tour of colleges and universities in New Benjamin had cautious hopes York to help finance the that the Governor's Office would campaign. Benjamin said he still act on what he says are wants the job. discriminatory hiring practices. Benjamin said that one positive But the Governor's Office has result of his efforts thus far is that made no comment to his ex-offenders are coming out and allegations, he said. "We've given protesting other instances of job them enough time. We're going to discrimination, which he terms start proceedings," he said last tantamount to telling ex-offenders week. to "go and steal." Octoberfest! Students, faculty and staff frolic at an administrationsponsored Octoberfest last Friday. Registrar Charles Wallingot a lesson in The Hustle as... — photos by Nancy Mulloy ...Dave Brady and Shelley Davis tipped a few to the strains of the Ackerman Quartet. Classifieds — ■ on BAR/BRI FOR INFORMATION enrollment discount, check with Stewe Deßaun, Tina Dogopal, Sharyn Roger*, Mike Cooperman, or Mike Tantlllo. ■ •arly THE UNIVERSITY Union Activities Board (UUAB) sponsors coffeehouses «w«ry weekend. Friday performances art at the Eljlcott Complex on the Aitlhint Campus, and Saturday performance* are at Norton Hall on th« Main Street Campui. Tlmei Bt3o o.m. Cost: 11.00 itudanti. $1 25 faculty & staff, 11.50 alt others. ANY STAMP collectors who would itfce to do some trading, call Tim at 837-M34. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-10-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/7/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a7535df43a8aa9836c7f5829dc5e177a.pdf ea0aca6e53a83043b427a58287d514fd PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17, No. 2 special September 23, 1976 State University of New York at Buffalo Faculty of Law and Jurisprudence Jaworski to speak Former Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 7 Desmond competition Watergate Prosecutor Leon Jaworski will speak at the SUNYAB Law School tomorrow at 3 p.m. in the Moot Court Room. Jaworski will be in Buffalo for a Polish-American festival this weekend. The talk will be informal, with opportunity for questions and discussion. The Houston Lawyer and former president of the American Bar Association has justpublished "The Right and the Power", described by one reviewer as "the bill of particulars that should have been issued when Gerald Ford Pardoned Richard Nixon." The book tells the story of Watergate from the prosecutor's personal impressions of the point of view, detailing the scandal as it unfolded before him. Proceeds of the hook arc being painstaking gathering of evidence and touching upon Jaworski's donated to charity. Headrick comments on clinic and class by Bob Anderson "open administration", with availability to individual students and to student groups is what Dean Thomas Headrick is promising the SUNYAB Law School. The Dean thinks that he needs more information about student concerns so his office can better meet the needs of students. "All topics are open to discussion," he said, unless "they deal with patters which were acquired in a confidential manner, or unless it would affect some negotiations which are ongoing and thus disturb the process of those negotiations." In a second interview tyith the Opinion, Headrick responded to specific questions about problems and programs at the Law School. Asked to discuss the relation of classroom work to clinical 'programs, Headrick expressed a desire for a "healthy mixture" of both types of activities. "Buffalo has a well developed clinical program in comparison with most law schools," he noted. "The program here is extremely broad and very well thought through in terms of its integration into the curriculum." To a suggestion of expanding the present third year program of An Professor Herman Schwartz and. Richard Griffin, NAACP attorneys in the Buffalo Schools Desegregation suit, will speak Wednesday in Room 109 at 7:30 p.m. on legal aspects of Che suit offering some form of clinical experience during first'or second year, the Dean responded that one important limit on expansion of the present clinical experience is staff availability, and, although some form of clinical work could be quite valuable in the second year, with present resources it is better placed in the third year after two years of academic preparation. He also noted thai the Court of Appeals places some controls on clinical experiences, especially as to what activities may be engaged in by students. In response to a query about the relocation of the Law School from downtown Buffalo to the Arriherst campus and theresulting isolation from the legal activities of the city, the Dean said that "even though close contact with places wherethe business of law is conducted is important, being in the center of the university is equally important. Ideally, the university campus should be next to the courthouse, but ideal worlds are rarely achieved." "Limitations on faculty availability and resources also an obstacle to present implementation of an L.L.M. program at SUNYAB Law School," Headrick said. Implementation of the program, recommended by a student-faculty committee will require detailed planning, but the faculty has decided to go ahead with the program, especially in the area of state and local government. cont'dpg. 8 Moot Courtfostersforensicfray Former Court of Appeals Chief S. Desmond will introduce this year's problem for the annual moot court competition that bears his name on Oct. 4. Judge The two-person moot court teams, composed of first and second year students, -will then have about a month to prepare their 15-page briefs on the problem,-, with- oral -argumentsscheduled for November. tn line with the scope of the exercise, Judge Desmond's address is expected to stress the importance of oral argument in appellateadvocacy. Each team will be required to brief one side of the fictional controversy raised in the problem. Teams will then argue at least three limes in the November preliminary rounds, and will be expected to be able to^ present both sides of ihc case. Oral arguments will be presented before panels of judges, professors attorneys and representing the United States Supreme Court. Four semi-finalists will be chosen from the field by a combination of oral scores accumulated in I he first three rounds, and the score awarded briefs by a grading committee.. Considerationof won-lost records in the preliminary rounds and the strength of the opposition may also be taken into account. The competition will then culminate with a final round in the Mool Court Room judged by a panel expected to include Court of Appeals and Appellate Division judges, presided, over by Judge Desmond. The final round will be followed by a banquet for entrants and judges. Contestants will be assigned members of the Moot Court Board as advisors for the competition. The advisors will help students develop their facility in handling research and composition of an appellate brief and argument, although they will provide no substantive help on the problem. For the first time this year, the Moot Court Board plans to set up a committee to regulate the advisors in order to ensure uniformity of advice to all The Moot Court Board itself takes part in about seven inter-school national moot court competitions during the course of the school year. Last year, members secured many final and semi-final berths in competitions, accompanied by a number of awards for Best and Second Best Briefs. The Moot Court events include hosting the annual Albert R. Muget Tax Competition at the Law School. In past years the final round panel has been comprised of judges from the Tax Court, and this year invitations Grad refused corrections job Ron Benjamin, a May 1976 graduate of the Law Schooland a convicted felon, is waging ,i slate-wide campaign against what he claims is a policy prohibiting hiring of ex-convicts by the New York Commission of Corrections. The New York Civil Liberties Union (NYCLU) has joined the protest. The refusal to hire Benjamin came from Acting Commission Chairman Richard Chinlund. Chinlund was^ppointed to his job following the refusal by the slate legislature to approve the appointment of SUNYAB law professor Herman Schwartz because of his liberal approach to prison reform, including the hiring of ex-offenders for commission hired because of his background, according to Benjamin. Benjamin was convicted of grand theft when he was 19, and spend 32 months in prison. He earned his,high school diploma in prison and did his undergraduate work at SUNY Bingh.tmton in three years before coming to the Law School in 1973. jobs. In Binghamlon, he ran a social Benjamin and the NYCLU are service agency for ex-offenders for claiming that Chinlund's refusal to two years and has been involved hire him for a position with the in the criminal justice field for the program unit of the agency is due to the Acting Commissioner's fear that he would lose his job. "I cannot tell you that were Herman Schwartz the current chairman I would have been hired," Benjamin said, "But I can tell you that if I were not hired t"he reason would not be because I am an ex-con. Schwartz acted on principle." Two weeks ago, Benjamin started a speaking tour through Albany, Binghamton, Rochester and New York seeking financial and political support. Chinlund subsequently put two Based an the performances during the Desmond Competition, ex-offenders on the payroll, a move Benjamin claims is in response to the publicity he has the Moot Court Board will invite about 15 competitors to join its ranks. allegation that Benjamin was not competitions. are being extended to State Supreme Court and Circuit Court of Appeals judges as well. The Moot Court Board also expects to compete in the Nationals Competition in Boston, the Jessup Competition in International Law, the American-Canadian Niagara Competition, and labor law and securities competitions in New York City. Questions regarding Moot Court activities can be answered in the Moot Court Board Office, Room 8, in the basement behind the Moot Court Room platform. generated. Chinlund has denied the past five years, he said. "If a law school graduate with my background is to be discarded as a useless relic because I made a mistake, then what chance do the vast,majority of ex-offenders who have not even completed high school have?" Benjamin said. "What incentive to acquire skills lhat will enable them to become productive members of society." " The Niagara Frontier Chapter of NYCLU issued a statement recently pointing out that such a decision by an agency designed to protect and represent the prison population will undercut the Commission's credibility with prisoners. The Commission i» in effect "extending the sentence imposed on Mr. Benjamin by a court of law, to a lifetime of state retribution," NYCLU charged. �September 23, 1976 OPINION 2 Sunday rash cured Editorial Blue laws finally outdated by There have been some mumblings among the ranks, particularly among the third-year ranks, to the effect that lawyers, or at least the American Bar Association, have a professional responsibility to provide graduates of accredited law schools with jobs. The import of these rumblings is, of course, that law schools should not accept more applicants than the profession will be able to absorb when these applicants are graduated. A limiting of law school admissions in order to guarantee graduates jobs is unacceptable for two reasons. First, the legal system is much the basis for government in this country and absolutely essential to the guarantees of freedom under that government. Secondly, purposefully limiting the numbers of people who wish to study law to thenumber of available legal positions would be unjustly discriminatory. The government of our country is designed to function out of a synthesis of constantly disputing factions held in check by a constitutionand system of balances. It is in thisinterest to have citizenseducated in the logic and substance of the law that governs their freedom. Presently, the legal market is not flooded: There are many Americanswho suffer infringement of their rights and whose needs are not being met by the present legal profession. Further, in this democratic society, extra-legal fields, including politics, business, education and journalism, can well-profit from the educated legal mind. Even were the law schools to graduate so many students that no employment could absorb legal talents, the* market flood would convince more college graduates to seek other occupations without having the profession deny them the freedom of choice to practice law. The second reason for objecting to further restriction of law school admissions is that the restricting could not be done fairly. There is much justifiablecriticism leveled at the present major method for differentiating among applicants, that is, the LSAT exam. It is agreed that the exam is a good predictor of which applicants will do well on law school exams, but that it is not designed to test other lawyering skills, such as rhetoric, dedication or ethics. The exam, in other words, cannot predict who will be a good lawyer. The American Bar Association should not put itself in the degrading position in which the American Medical Association has placed itself. Intelligence and competence are necessary for the legal and medical professions, and some type of line-drawing exam to monitor the competition for limited spaces is necessary. However, the AMA has cut off thousands of competent college graduates from medical education even in the face of adament demands for medical aid that increasingly cannot be met. The AMA's rationalization that medical education is limited due to the fact that only the relatively few can reach that profession's high level competency, is self-serving. That the real reason for the limitation is to keep up the high cost of that professions's commodity is abhorrent. Were the AMA to follow such tack, it might very well face, as the AMZ is presently facing, a popular push for socialized services. For over two years, seniors have been members of the law school elite, and the time spent waiting with Joanie Caucus, to be moved from the waiting to accepted list of this or some more prestigious law school,is in the dim past. Now seniors too readily see a "we can pick ad choose" attitude of law firm interviewers as the grim future. Law school should not be the equivalent of a mere admission ticket to the bar, that costs a good deal of timeand money. Rather than limitation on the numbers admitted to school, students should focus their demands on law schools for better quality education and on the job market for more creative employment of legal talent. The college students of the sixties who displayed so much determination in pushing for social change should not opt out for three-piecesecurity in theseventies. , John Arpey The purpose behind this column is to keep the reader abreast of recent New York Court decisions and legislative actions that have a significant impact upoti the laws of this state. Over the past summer the New York Court of Appeals declared the Sunday blue law provisions of §§9 and 12 of the General Business Law unconstitutional in People v. Abrahams. Section 9 of the law prohibits "all manner of public selling or offering for sale any property upon Sunday" with certain enumerated exceptions (i.e. Drug Stores, Restaurants). Section 12 allows for the forfeiture of all commodities "exposed for sale" and turning the proceeds to the of the poor." The arbitrariness of the, enforcement denying equal protection of the laws and the listless exceptions to the general closing order undermining the purpose of the legislation were cited as two of the main reasons for the decision. The decision of the Court of Appeals overturns a law with a tradition that dates back to ancient Rome when in 321 A.D. Constantine the Great passed an edict commanding all inhabitants of the cities to rest. The New York Sunday blue law had its actual beginning in this state in the ordinances of New Amsterdam of 1664 and has been a part of the law ever since. The problems with the administration -and _inconsistencies, of the law were immense, with the burden of when and against whom to enforce tb'e laws, if at all, usually falling to the District Attorney. Some examples 6*f the gross inconsistencies in the law were: the purchase of a sweater is prohibited, but if the sweater isjabelled "souvenir" it can be sold on a Sunday; medicine for a baby's diaper rash is permitted under the Sunday closing law, but not the sale of diapers; flowers may be sold, but not a get-well card; a gas station owner may sell gasoline, oil, and tires as being necessary to the movement of an automobile yet, under the old law it was illegal for him to sell other equally important and essential items such as windshield wipers, bulbs, fuses, headlights, or even a plastic windshield ice scraper; and the pinnacle of absurdity, magazines such as Playboy or Penthouse may be sold, but the sale of a Bible constitutes a violation. So, stuck with the numerous impractical applications of the law, many District Attorneys and police chiefs chose not to enforce the law, and as a result, more and more proprietors decided to take advantage of this extra day of business. From this laxness in enforcement grew periodic and arbitrary slaps on thehand to proprietors and a flurry of suits. The decision by the Court of Appeals in People v. Abrahams puts an end to all this drudgery with the law for the time being. However, at the present time there is a legislative effort under way to redraft the law and bring it more up to date with the accepted habits of the mobile, convenience-oriented society of today. Still, there are immense problems as to the enforcement of the law, which must be solved if it is to be reinstated and serious questions as to whether whatever practical good the law will do is worth the time and expense of enforcement, and the pain and costs of the numerous suits that will assuredly follow. Second-year transfer students wishing to compete for positions on the BUFFALO LAW REVIEW must pick up thek writingassignment&Jjy.. i, Monday, Sept. 27. Participants will have ten days to complete their written assignments, andimust providethe REVIEW with an official transcript of their first year grades.Writing assignments and further details of the selection process can be obtained in Room 605. The President's Corner SBA offers counsel and consolation to frosh my solution to the problem. Some students know the answers, or worse yet, that you sleep on the couches in the various lounges don't know where to locate the answers. As many first year students are just in the library; others sleep during their There are no answers, and one of the first beginning to realize, the legal educational classes. Each student should try to facts that the student must learn in law process can be debilitating, boring, persevere through this period of school is that the law does not fit neatly difficul t, depressing, and at times, adjustment. Hopefully, no one will have into a well-ordered set of rules. If it did, frustrating. I personally have experienced sleepless nights out of anxiety about then very few disputes would ever be all of these feelings at one time or another whether the professor's supposedly random resolved in court since all issues wouldbe during my years in law school, and have selection of students to be questioned will determined by the appropriate rule. So had to learn how to cope with them. result in his or her being queried the when a,professor asks you a question, and There is little doubt that one of the following day. you are gasping for an answer, don't first felt bad effects of law school is the There is certainly a great deal of worry: the teacherdoesn't really know the draining of your physical and mental intellectual stimulation,but thereis also an answer either. energy. I became a coffee addict during my accompanying mental frustration which One problem which faced during my first year of law school, at least that was occurs when you discover that you don't first year of law schoolI was a lack of confidence as to whether I was capable of handling the material that no matter OPINION how diligently I studied, the cases were September 23,1976 Volume 17, No. 2 almost impossible to comprehend. And the Editors: Cornelia Farley more difficult the material, the greater Tanis Reid would be the amount of time I would spend attempting to understand it. Since Louise Tarantino my knowledge of the material was not Steve Errante actually tested I doubted that I had the ability to do well in law school. Staff: Bob Anderson, John Arpey, Jan Barber, Bob Citronberg, Andy Cosentino, Fortunately, this feeling of ignorance was Maria Massaides, Kirn Hunter, Becky Mitchell, David Munro, John Privitera, John shared by most of my fellow students. If a Simson, Sharon Osgood, Ted Firetog. Photographers: NancyMulloy, Frank Carroll, Mitchell Dix first year student feels intellectually inadequate, he/she would realize that the Copyright 1976, OPINION, SBA. Any republication of materialsherein is strictly law school would not have admitted prohibited without the express written consent of the Editors. OPINION is him/her if it was felt that the necessary published every two weeks, except for vacations, during the academic year. It is the qualifications to be a good lawyer were student newspaper of the State University of New York at Buffalo School ofLaw, lacking. In short, many law students, are John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, N.Y. 14260. The much more intelligent (I hate to admit it) views expressed in this paper are not necessarily those of the Editorial Board or than they would give themselves credit for. Staff of OPINION. OPINION is a non-profit organization, Third class postage It is important to remember that you entered at Buffalo, N.Y. Editorial policy of OPINION is determined collectively by should not let law school control your life the Editorial Board. OPINION is funded by SBA from Student Law Fees. to such an extent that you find yourself in Composition University Press at Buffalo. a vacuum, devoid of outside interests. Try to do sorpe.outside ( reading, ,exe;cise, or by Barry Fertel — even go out drinking after you finished studying for the evening anything to help relieve the tension. — The most severe problem I faced during my first year of law school was a deep feeling of depression; a depression from a feeling of loneliness and alienation. A recent survey revealed that the group placed on top of the list of those who felt themselves to be the loneliest were law students. During my years at law school I have often wondered whether it has all been worth it. My only advice to students who experience this feeling of doubt, is that they look at law school as a means; as a tool which will provide the skills to effectuate change in our society. Although I' may change my view many years from now, I do feel that it has been worth it: where else can you learn what quasi-in rcm jurisdiction means. �September 23, 1976 OPINION 3 Book Review Rape as social disease Against Our Will by Susan Brownmiller Susan Brownmiller's monumental book, Against Our Will, Men, Women and Rape, caused quite a stir when it was published last December. Copies were rather scarce and now that I have finally gotten my copy back, a reevaluation seems to be in order. Thisis not an easy book to read. As a woman it was most painful to read about rape through the ages. Brownmiller takes the reader from Ancient Babylonia through World Wars I and 11, through Vietnam and Bangladesh. Werelive the rape of American colonists at the hands of the British during the Revolutionary War as well as the atrocities committed by white Americans against Native American women in the taming of the West. I found that I could rarely finish a chapter; instead I slammed the book shut when I could no longer go ■ on. Law students will be pleased to note that the first chapter is dedicated to the legal development of the subject. Rape was originally viewed by the Hebrews as a property crime committed against the virgin's father, He couid collect.fifty- silver coins in damages, the fair market price of the daughter's virtue. Not until Edward I put forward the comprehensive Statutes of Westminster at the close of the thirteenth century did the state begin to take an in all kinds of rape active interest prosecutions, not just those concerning violated virgins. It took just a little over fifteen centuries for rape to no longer be just a family misfortune but an issue of public safety. One of the most interesting suggestions in the book concerns the type of evidence presented at a criminal prosecution for rape. She argues most persuasively that since robbery or assault victims are not asked whether they resisted, rape as just another violent crime should not single out its victims for this loaded evidentiaTy attack. Space does not permit an in-depth analysis of her other suggestions. Brownmiller deals with such diverse topics .. - Kastle Brill "There is good reason for men iv hold tenaciously to the notion that 'All women want to be raped!' Because rape is an act that men do in the name of their masculinity, it is in their interest to believe that women also want rape done, in the name of femininity. In the dichotomy that they have established, one does and one 'is done to.' This belief is more than arrogant insensitivity; it is a belief in the supreme Tightness of male power." I for one am not willing to place the entire blame on men for the place that women enjoy in today's society or for the terrible treatment that rape victims have as rape in the media, women as trained victims, police treatment of rape victims. What is especially disturbing is her central thesis that rape is inevitable as long as men's self-image depends on the subjugation of women. endured. When I was firstreading thisbook my aunt questioned me as to the necessity of writing a book on such a terrible topic. She assured me that no woman gets raped unless she asks for it. Brownmiller would have me believe that my aunt's statement is the result of the male-dominated media. Although I'm not in total agreement with Brownmiller, I'm still very thankful that she wrote thisbook. Approaching this social problem from a feminist point of view has shed fresh light. It is evidence that women are now fighting back in the legislature, in the police precinct, in the media. That evidence is certainly a healthy sign. by Maria Mossaides Wide World of Torts The Great Returner by John Simson General Douglas MacArthur is the Sentimental favorite in this year's balloting for the "Greatest Returner of All-Time." (Not to be confused with the greatest retainer of all-time.') MacArfhuiyin fact, islcr'edited ,wlth! those immortal words, "I Shall Return." 2 apd has* tain trw'aw*rd seery-year sirfce-itsinccptron in'l9sB. However; fbf the first time in recent rh'ertrdry -MacArthuf 'faces forrfifdable cbmpetition: namely O.\. Slrrrson. Simson's return to Buffalo' rriay surpass MaeArthur's to.Bataan. Why? The answer is not truly clear. However,.some important differences are immediately evident. MacArthur had poor counseling. Sure we were at war,3 but by declaring that he would return, Doug allowed most of the emotional impact of his decision to be stripped away by media overexposure. There was no tension. If only the General had said, "I Shall Not Return,4" he might never have faded away.5 It is even doubtful whether Truman could ever have lowered the axe on Doug if he had renegotiated his return (particularly if it was a no-cut contract). The General lost his bargaining power by uttering those now famous words. Sure thousands on Bataan would have been heartbroken;6 season tickets for the war may have dropped initially, but Doug did have his career hanging in the balance. The Juice obviously knew his history, and capitalized on the lesson of.MacArthur. You too can benefit, for there is. amoral to this story, Something that all law students can take toheart: This summer,, a sbon-to-be second year law student declared that he would not return- His declaratiorrwas;not made public by the Times, or even by Opinion, and since no faculty member hadever called him by name he was quite surprised when he received the followingphone call. .. The rest is history. The student is now in Los Angeles at the newly created State University of New York at Buffalo in Los Angeles (or SUNY at BLA). At this time,he is the only student enrolled at trie Emma Goldman and Eugene V. Debs School of Law. There is presently no campus, faculty, administration or other problems that go along with those1 types of organizations. Instead, there are palm trees, sun, the sand,and the Beach Boys. I spoke at length with the student about this new type of learning experience. ' O'Pinionn: "Don't . you miss having classrooms, professors and other students around?" Student: "The reasons I'm here. The first day here I had six job interviews,.right here on the beach. With no other students around, the competition is less stiff although it is a bit harder to work cooperatively on exams. There is one thing that I do miss.. .the portholes in the Library. These portholes made me feel like I was on some great Ocean Liner. only, the crew finally convinced me that I was on the "Ship of Fools'." very — McPinion: "What did you find so foolish?" Student: "Two things. The word reasonable, and Civil Procedure." D'Opinion' "Would you care to explain?" Student: "Sure. Everything in the law depends upon being reasonable. I don't particularly enjoy being reasonable. If I did, I'd probably still be in Buffalo right now. And even if I were reasonable, it wouldn't mean I was really reasonable see particularly Black and Blue Taxi v. Raw Umberand Magenta Taxi, where the Courtrelied on primary you're refusing Governor. I've heard to return to "HelloStudent? t his is the Voice: colors to determine the outcome. See also Turnipseed's "The National Hockey Leagues" study in Buffalo. As owner and general manager of this Law School I am terribly Penalty System: Does Rehabilitation Ever Work?'" in Phila. Flyer Law Review, vol. concerned. I hope we can work out some satisfactory arrangements." 1 1976. See also Carlton Fisk's radical proposal in "Outlawing the Balk: A Greater Deterrent to Stealing" and M. River's reply, "Theft of the Basis" in The Journal of Law commitment to appreciate your but have made a offer, student: "Mr. Governor, I I and Baseball, Ninth Inning, 1975. move with my wife to Los Angeles. She has been offered a very substantial position. More than that Mr. Governor, I really hate the weather in Buffalo^- walkingnearly half-a-mile Opinion: "Good Luck in Los Angeles" across the Tundra every morning.».. Before YOU refuse to return, I think it only fair to warn you that not returning or Voice: "We can get you a staff sticker ..." the threat of not returning is not adviseable underall circumstances. Lyndon Johnson is a case-in-Chief. Certain guidelines have been devised as a sort of informal Way to measure Student: "... when you finally get inside, the Goddam classrooms don't have windows. your own ability to "Not Return" and succeed. You may not return if: Mr. Governor?" 1. You have won six major battlessince World War II; You gained over 2000 yards in any National Football League season; or 2. "Yes?" Voice: 3. Received 8 H's in your first season as a law student, and either gained 2000 yards in any National... Student: "By any chance, was the school designed by an Ex-Submarine Commander?" Perhaps the most notorious case of those who did not followthese guidelines is one Voice: "Look, I am prepared to try and arrange a trade with UCLA, but barring that, we of recent memory; Tap Awards, a Full two arrange substantial offer. We can "YOU WON'T HAVE DICK NIXON TO KICK AROUND ANYMORE" prepared you very make a are to Yes, those immortal words stunned the American populace in 1962. I shall not return, car, and a Small-Town.Physicians scholarship award worth $5,000 per year." ■History is still too vivid for me to continue. Rather I will retire now to allow you to think awhile on the great disparity of consequences of thosewho refused to return. Student: "I thought those scholarships were only for Medical Students." To O.J. Simson (no, that's Simpson with a P) my fondest regards and wishes for Many Happy Returns Voiice: "Juris Doctor, Medical Doctor, who cares. Besides, have it on good authority another outstanding season. And to the rest of you we students, that if we award those small-town physician scholarships solely to Medical Clause of the 14th Protection in violation of the Equal 6. Twirling the Bataans: my story will be found NOTES: 1. See Money, ). 9 7. Amendment8 some suit by a first-year student last year." 2. 8. See Oldhouse, Suede 3. The Big one 4;9. Not to be confused with some last year Student: "It certainly is,,an attractive offer, however, really will have to give it some student's first ytar. $. and we can talk It over." breakfast, thought... Why don't you fly down here for Student: "Hello?" — " . I I . . ..... ' .. . �i September 23, 1976 OPINION 4 On Point . Ethical questions: a new day dawning? "the general issue of deterrence 'per se' as a the Ydrk Times which stated, that Dean Freedman had volunteered to explain basis for a prison sentence was impractical, before 650 Hofstra law students why he immoral and contrary to the rights in the defended Bergman. The article went on to Eighth Amendment to the Constitution." Student sentiment at Hofstra Law attempt to show both sides of the major Freedman's School against Freedman's actions seems to argument in question. point of defense was that he took the case center on the question of impropriety in the case: of Freedman's relationship to to test the general theory of deterrence, which he thought was an improper Frankel. Freedman contended.* that Frankel rationale for-Bergman's sentence to a four stopped working at the law school in April month prison term. Since the Times article did not (the case took place during the summer), and that the Canon of Professional Ethics debate with Buffalo law students who did elaborate on this point, and it seemed especially interesting, the Opinion called not agree with the attorney's position. states that improprietydoes not occur when picture clearer there is a reasonable basis of a likelihood Friedman is also the author of Freedman recently to get a taking decisions behind his AdversarySystem, Ethics of the ethical that the judge knows all the facts. in Lawyer's in an Therefore, in this case, Freedman which he supports the school of thought the Bergman case. Before speaking with Freedman, I maintained that there is no instance of which asserts that the search for truth is advocate of impropriety. Hofstra students queried last not the most important function of the considered him the supreme week by the Opinion did not fully accept adversary system, and that the "rituals of the lawyer as "hired gun" theory with this explanation. the system are crucial in lending dignity truth being secondary in the legal operation, and expected him to employ This is nqt intended to be a and humaneness to the operation." Currently, Freedman is involved in this rationale in his defense. Surprisingly, pro-Freedman, pro-Bergman, or recognized anti-Bergman essay. At this back on his anti-Freedman, another bout with an ethical question. He he did not fall distance from the case, the questions tend was recently retained as defense counsel philosophy. He said that he actually In regard to the question of general to become complex, quizzical and vague for Bernard Bergman, the major figure in thought Bergman was innocent of the deterrence, Freedman felt that Bergman without "right" answers. the recent nursing home scandals in New crime he was charged with committing. had suffered enough. His client was (whether Bergman was Such a factor As we were concluding our York City. The presiding judge in the case was innocent or not) was irrelevant to his purportedly guilty of a financial crime, yet conversation, Dean Freedman said was not sentenced-accordingly, he said. initially, something surprising. He said that he was the Freedman said, only taking who months earlier case Frankel, Marvin As a result of the case. and its had taught legal ethics at Hofstra Law but as the case developed it became clear repercussions, Bergman's reputation was optimistic about the future of the legal School. Bergman was sentenced to a four to him that Bergman "was being taken for destroyed, his health suffered severely and, profession. Initially I did not get his point, but month federal sentence by Frankel and a a ride." Ironically, Freedman does not seem to according to Freedman, he has become the then it dawned on me. The process I went one year sentence by a State Supreme most irresponsible through to analyze the ethics of the Court judge last week for misappropriating have obviated the ethics or "truth" of the "victim of some of the situation at hand: it was obvious from our and malicious characterassasinations I have Bergman case is one that law students, medicaid funds. ever seen." had become the perhaps in greater numbers than ever Interest in the F reedman/Bergman conversation that truth Freedman asserted that anti-semitism before, are going through. case was aroused by an article in the New primary issue. (Bergman was an orthodox rabbi) played To voluntarily fill a moot court room, an integral part in the course of the trial. with an overflow crowd of a few hundred He described New York Magazine pictorial watching on videotape, as Freedman did at cartoons dealing with the case as Hofstra, to discuss legal ethics in society, is Carlisle also said students interested in reminiscent of Julius Streicher's during the an auspicious sign of an increased Assistant Dean Jay Carlisle recently awareness and interest in values and ethics spent three days in Washington, D.C. judicial clerkships and positions with large heyday of Nazi Germany. Freedman also pointed'out that a few within the legal system. Perhaps these visiting with private law firms and law firms in New York City, Chicago and immediately Eugene weeks earlier another Hollander, Washington, D.C. should difficult times of ethics have brought about government agencies. Carlisle met with hiring lawyers from make contact with such employers. nursing home proprietor, was convicted .the movement, but whatever it may be, it and given a financial fine, not a prison is happening, it is exciting, and law firms such as Arnold & Porter, yes, it is Covington & Burling and Kirkland Ellis. He A large number of federal and state term. Furthermore, Bergman was audited optimistic. incriminating timesand evidence 14 no was also spoke with representatives and general judges have still not made final selections. Dean Silvers counsels from the Federal Communications The judicial clerkship committee at the law found. In this situation, Freedman said, Commission, the National Labor Relations school forwarded resumes and application B"oard, Consumer Products Safety material for at least 26 students to various Commission and the Reginald Heber Smith judges. Foundation. The committee did not engage in any U.B. Law Alumni President Robert pre-screening and all students who did not Fine accompanied Carlisle on several of the participate in the committees' activities visits. Carlisle noted that "the State should not be discouraged from submitting problems, but they were able to relate to University of New York Law School is well applications to judges on their own. There by Andy Cosentino the hypotheticals we discussed, particularly known in the District of Columbia. Our are many judges who did not respond to recent graduates have done excellent work clerkship inquiries made by the committee "In the early going, I think that we did when we talked about'search and'seizure. at the IRS, Department of Justice and the and students should contact them. arts and crafts activities morale boosters The lectures were well received, so we They includeall Federal judges in the and boredom chasers as much as anything returned this summer for another visit," SEC and NLRB. However we mustt Mulloy noted that presently there is our law continue to publicize Western District, in the Court of Appeals else," Nancy Mulloy, an active staff school .... we have a superb faculty and and in the Appellate Division for the Third member of the Buffalo Women's Prison little activity on the part of community Project remarked recently in reflecting members. The Project staff consists of 10 an outstanding student body. If legal ■and Fourth Department. employers can be encouraged to recognize upon the development of the organization. law students, evenly divided among secondChicago law firms New York, in Large the high quality of the law school, we can Like most of the Prison Project staff, she and third-year students whose concerns are Washington, D.C. have asked the law more of our students and discusses the group in terms reminiscent of more legal problem-oriented than those of easily place many school to encourage second and third year many activist organizations of the sixties their predecessors. with Washington, D.C. law offices." The size of the staff has been dictated Recent statistics from the Law School students interested in summer and which have moved from confrontation and controversial, speculative activities to a by the fact that only a handful of Placement Office indicate that an permanent jobs to forward resumes listed the in immediately. sophisticated inward-looking, Buffalo students Such firms are individuals at a time are permitted to visit increasing number of more approach to problems. obtain Jobs in the District of Columbia. Placement Office. the inmates, according to Mulloy, and The Placement Office sponsored the "On the whole,what we did was new these v i sits have themselves been Justice hired three 1976 graduates and the NLRB hired five graduates. With the help first of a planned series of simulated and provocative then," she said. "Here we authorized infrequently. The Project hopes at Tuesday showing interviews aimed of Professor Martin Lybecker many were, women, holding our protests and to convince the authorities to allow demanding the right to help our sisters who regular, monthly visits, and thus employ Buffalo students have been interviewing students how to interview without the trial with the SEC. Additional assistance from and error method. had been victimized by society but our more individuals in the group's work. U.B. Law Alumni Paul Weaver, hiring remedies were ameliorative as to the Members also hope to develop supportative law school alumni such as Judge Louis Buffalo law of partner firm Spector, David Jacobson, Howard Levine from the condition of the women rather than research services. A first step in this and Anthony Illardi has been useful. direction is a planned newsletter on Jaeckle, Fleishman & Mugel, "interviewed" fundamentally preventive." During the week of September 27 a recent U.B. law graduate, Henry Killeen. Organized efforts on a more basic level matters affecting female inmates. Carlisle will meet with hiring partners from Students observed the interviewingprocess But to make the newsletter a reality, appears to be the immediate goal of the approximately twenty New York City law and later participated in a question and staff. Mulloy feels that "as the site of our new staff members are needed. Regular Holding firms. Carlisle explained that "most of our answer period. the Center prison visitation is a concept that is yet to activities shifted from students do not come from the Western to the Alden Correctional Facility of Erie be approved by the authorities at the Carlisle will arrange additional New York area. Our students want to work County, where the inmates are mostly Alden Facility. "All in all," Mulloy in cities such as New York, Chicago, Los simulated interviews, he said. He recidivists, our emphasis moved towards an commented from the Project's fifth floor and third students year Philadelphia, encourages second Atlanta, Detroit, etc. Angeles, educational role. For example, last office, "everything seems to be temporarily It is essential that our faculty, staff and to attend as many of such interviews as February, several women went to the at a standstill. We've got a lot of plans, but alumni use and develop contacts in these possible. Announcementsof suchinterview Alden Facility and spent, the day giving we need commitment from staff and help areas so that employers understand that sessions and future job seminars will be inmates lectures on various aspects of from the authorities before we can do our graduates are just as good if not better posted on the bulletin board next to the criminal procedure, she said "We didn't anything. I guess we'll justhave to waitand other law schools." Placement Office. rmM of nr;idu<ilcs Ih.m give them counseling on their specific see." For Monroe Freedman, contrqversial and highly vocal dean of Hofstra Law School, ethics is a recurring subject. Last spring, Freedman spoke at SUNYAB Law School on the subject of lawyers'ethics. A longtime civil liberties advocate, Freedman has no qualms about voicing his opinions, no matter how unpopular they may be, a fact accounting for his notoriety in the legal profession. The Freedman lecture sparked lively - Carlisle seeks D.C. jobs - Women plan to visit prisons and assist female inmates - - - ' �September 23, 1976 OP IM lON 5 Staff interview Who's who behind registrar's third floor "wailing wall?" (Editors' note: SUNYAB Buffalo, law students are often unaware of who does what in the various offices composing the administration of the law school. Becky Mitchell has talked to some of the people who work behind the scenes in the registrar's office about what they can and can't do to help students.) — - by Becky Mitchell Room 304 is one of the more visible offices in O'Brian Hall. The large window along the south wall is so inviting that students are drawn to it as a sort of lost and found, information booth, wailing wall. In reality room 304 is the registrar's office. Charles Wallin, whose private office is 311, is head of the registrar's office and assistant to the dean. His duties include" working with the admissions committee to select students out of the approximately 2,400 who apply annually and taking care of their records once they'rehere. . . The admissions committee sets policy and Wallin carries it out by personally reviewing and screening all applications. He refers discretionary admissions to the committee for review and -compiles demographic statistics concerning the school's student population. Wallin is the man to see about problems with records,' transcripts scheduling or academic programming. He also does the paperwork for carrying out the law school budget. Barbara Van Eseltine has worked for the law school for twelve and a half years. Cut from the law school payroll as a result of budget cuts last summer, she *is now technically on the Equal Opportunity Center payroll on loan to the law school. . Her duties include running the magnetic card machine and the IBM terminal computer which processes drop/add and scheduling requests. Shealso handles general office dutiesand takes care of requests for application forms and catalogs. tentative plans to retire in January. Nelson sets up the files for the student records, which include acceptance cards, applications, deposit receipts, letters of reference and letters of recommendation from law school faculty. Along with the other secretaries, she prepares the blue books for examinations and extracts the grades after the exams are corrected. Warmly regarded by students as the Lily Nelson is the remaining member one person who can answer any answerable of the registrar's staff. She has worked for question, ]can Consiglio, located in room the law school for 15 years and has 312, is Wallin's secretary and assistant. Consiglio types minutes for faculty meetings and is secretary to the Alumni Association. She schedules rooms in O'Brian Hall, helps the secretaries m 304 with student records, exam processing, grade recording and lots of student inquiriesabout everything. Three secretaries staff the registrar's room 304 office. They are Cindy Halm, Barbara Van Eseltine and Lilly Nelson. As a result of a movement to centralize administrative departments on a university-wide basis, their duties are in a state of flux. The three used to handle registration, but now they mainly focus on record keeping. The universal complaint from the other side of the third floor window is interruptions. Visitors ask forinformation, students appear with questions and complaints and most incoming telephone calls are to that office. About 40 women were on hand for the Women's Law Society pot luck dinner Sept. 22, When she isn't dealing with hosted by society president, Hollis Hite. Prospective members heard about plans for interruptions, Cindy Halm takes care of 1976-77 school yearactivities which include volunteer work with legal aid in welfareand transcript requests and loan forms. She is social security hearings, and an educational program for high school students on student also unofficial telephone receptionist for and civil rights. The Women's Law Society also plans to publish a summary of the the entirelaw school, since most calls come conference on Women and the Law attended last spring in Philadelphia by women from SUNYAB Law School. in on her line. -photoby NancyMulloy • Women's Law Society holds supper . Sea Grant Fellows present environmental journal; look to increased funding, expansion by Kirn Hunter Government response to exploitation of off-shore oil and gas reserves, evolution of the public trust doctrine and government .control over coastline development are among the topics included in the newly-pußlished Sea Grant Law Journal, Volume 1. The journal at 400 pages the most voluminous law journal ever published at the BuffaloLaw School is the product of the school's two-year old Sea Grant. Program. "And it is the result of months of research and writing by the first group of Sea Grant Fellows from the Law School," said Prof. Robert Reis, director of the program. It was introduced last night at a reception in the law school held by Dean Thomas Headrick for Sea Grant Fellows and faculty directors. Don Squires and John Judd, executive director of Sea Grant wereon hand for the reception. "Articles included in the Journal are the actual papers that last year's program members produced on various topics in this area. The newly-published papers were conceived and written by last year's Fellows, but present members of the program did the laborious task of preparing and editing the material for publication, Reis explained. The Sea Grant Program at the law school is an outgrowth of the state-wide New York Sea GrantCollege, comprised of the whole SUNY system and Cornell University. Funding for the program is provided jointly by the State of New York and the Federal Government. Each of the ten or-so SUNYAB law - - students chosen every year to participate receives a $1400 stipend to support his or her research during the summer on a particular topic. Topics are generally selected by the students themselves and approved by Reis. year's project. The additional burden of producing and up-dating a bibliography of materials on environmental law and sea coast management has cut into research time, to the resentment of at least some Fellows, none of whom wished to be previous quoted. Most of the program members In the fall semester, all students in the Sea Grant Program enroll in a seminar with interviewed said, however, that they Reis and each student prepares a recognized a need for the bibliography and publishable paper based on the research background material, and have accepted material gatheredduring the summer. the work willingly. One Fellow reported The overall work on projects is done that he has nearly memorized the White basically by the students themselves with Book as a result of four months of some faculty supervision. Reis dislikes the cite-checking. (The "White Book" use of the term "supervision"; instead he published by Harvard University, is the describes the relation of program members handbook of rule and abbreviations to faculty as one between colleagues, required for proper citationsand references rather than one between student and in legal writing). teacher. Reis pointed out that there are reasons In addition to Reis, Professors Richard for the extra work load in this year's Bell and Milton Kaplan have also program. "First, the program is only two years contributed their time and efforts to the program and its members. old, and all the 'bugs' have not been eliminated from the system," he said. "In This yearSea Grant has nine members: addition, the bibliography was needed as a David Ascher, editor-in-chief of the research aid, and, in future, the only work program, Janice Barber, Anthony Bossone that will be done on it is up-dating of the and Allen Klein, article editors, and Bonnie references." Pushed up publication deadlines made Hager, Gary Newton, Catherine Niven, James Piggush and David Sheridan. Their completion of the work on the Sea Grant projects include case studies on municipal Journal imperative so that all the editing coastal zone management, an evaluation of had to be done during the summer. Reis hopes to avoid this problem in the use of administrative procedure in environmental litigation, and a study of the the future by stepping up the selection regulation acquisition process of the for the next group of Sea Grant on and law Fellows. Instead of waiting until late in the and development of coastal areas. There has been some dissatisfaction spring to begin selecting new members, the among Sea Grant Fellows over the amount program members and faculty hope to of time spent cite-checking and make applications for the grants available proofreading material prepared in the as soon as the Fall grades are in. If this is done, new members will be chosen earlier in the semester and therefore will be able to get the job of editing the papers from the Fall term for publication donebefore the Summer. In the past, the selection process has involved the examination of a student's whole record, consisting of a resume, writing sample, recommendations from faculty members and grades,by the present program members and the faculty advisors. Last year the Fellows reviewed the applications and made an initial selection of candidates for the grants who were then interviewed by the faculty members of the program. From the group that was interviewed, the 10 Fellows were selected. "A similar procedure will probably be used for this year's selection process," said Reis. The future of the Sea Grant Program looks promising to Reis. He hopes that publication of the journal will establish a reputation for the program throughout the state which could lead to increased contacts with the scientific and legal communities, which will in turn lead to increased funding and expansion of the program at some future date. Although overall reactions to the program are positive, some of this year's program members are worriedabout having time this semester to do theirresearch and write up their findings under the pressure of course work, jobs and extra-curricular obligations. But in times when money and summer jobs are hard to come by, the Sea Grant Program is inviting in spite of the work load and students who participated this year are not worried about recruiting successors. �September 23,1976 OPINION 6 UB Grad Legal Aid lawyer joins clinic by Sharon Osgood New to the staff of the Law School Clinic program this year, Stephen Lacher b r i ngs to that program significant experience with legal aid practice as well as teaching background. For the past three years Lacher, as staff attorney of the Orleans County Legal Aid Bureau, has worked with a wide variety of criminal and family problems for the financially needy of that rural county. He has supplemented that experience with part-time instructional work with inmates at Attica Correctional Facility through the Genesee Community College Inmate Education Program. During a leave of absence as a student from the University of Buffalo School of Law, Lacher taught Junior and Senior High School Social Studies. He states that he has never lost his enthusiasm for teaching, and is very excited about this opportunity to combine the two fields. Lacher has high praise for the Clinic program. He sees the Clinic as a major improvement in resources within the school since he graduated from here in May, 1973. He said the Clinic program is already very strong, but his excitement about the program is encouraged by what he sees as a definite policy of the Law School to strengthen the program evep further, making it into one of the best in the state. He is eager to be a part of the force that will be shaping the program. Lacher will directly supervise six students in the Correctional Law Clinic, an area of chief interest for him. He notes that the program provides students with exposure to a type of client they do not ordinarily meet. He is also involved with the Juvenile and Education Law Clinic. The aim of all the Clinic programsis to provide students experience in applying practical skills. The program begins with several weeks of lecture, including guest speakers, but quickly the students become involved with interviewing, participating in hearings and working as advocates. Lacher was pleased that nearly all students signed up for the Clinic program were able to be assigned to their preferred areas of interest. As he faced college graduation in 1967 from Syracuse University, Lacher states that his life goals were ill-defined. He knew he wanted a professional career, and was seriously considering medicine or a career in his major area, Economics. He took the Law School Admission Test as a lark, and finding that he had donewell, decided that - Frank Carroll a law school education would be a healthy, on-the-job experience after he had become a lawyer. Lacher, a we 11-developed individualist, knew he was not very After one year of law school he was interested in a traditional law firm setting, forced to consider the quality of his nor was he eager for urban living. draftable status. He chose to enter what Preferring not to become lost in the shuffle was then a deferrable vocation, teaching, of a large city practice, Lacher decided fearing, however, that he might never instead on a setting thatwould provide him return to law school. However, in 1971 autonomy and control over the issues he Lacher did return to the University of would pursue. The Legal Aid Office availed Buffalo tocomplete his J.D. degree. him of experience, he feels, that he would His interest in Legal Aid resulted from not have gained elsewhere. mind-expanding experience. Guild offers alternative summer jobs, projects by Ron Eskin Every Summer selected law students from across the country are granted alternatives to the dreary docket-searching and title-snooping fate which awaits most of us. Instead of growing pallid in the corners of nameless county halls, these people are availed the opportunity to see law as it operates in the searching light of real life. The alternative opportunities come from The National Lawyer's Guild. The Guild sponsors projects to work with immigrants, police brutality problems, farm labor hassles, utility company abuses, housing and shelter concerns, and so on. ' SUNYAB law student joeBaiter spent the summer in New York City with the immigration project. Dealing primarily with people who lacked the proper "papers," Baiter witnessed the law's effect on those most vulnerable to it, the stranger Vio is almost totally unfamiliar with how to get by in America. "I saw a good example of how lawcan be used as a tool of political oppression. E I The people I dealt with were being blocked from immigrating due to inumerable technicalities," explained Baiter, a second-year student. Funded by contributions from private foundations and Guild members, the summer project provides a minimum-wage salary and usually, free room and board in return for a summer of legal work. Since 1971, Students at the Buffalo Law School have maintained a chapter of the National Lawyer's Guild. On the national level, the Guild has almost 5,000 members lawyers, law students, and legal workers. It has publicly declared itself to be an organization of people opposed to the forces of capitalism. Established in the heyday of the New Deal, the National Lawyers' Guild was promoted as a liberal attorneys alternative to the American Bar Association. Guild attorneys became active in labor cases and later, when the House Unamerican Activities Committee and Senator Joseph McCarthy were attacking the members of the American Left, Guild attorneys led — I J ■ DOWN 1 2. 3. 4. 5* 6. 7 Che«r Supplement violation of excepted norms of social conduct send Post, To make void French article A measure of your egotism ithow often you say this word Punishment for (plural) and retention program. The National Lawyers' Guild arid the Buffalo Chapter of the Guild do not restrict their activities for social change to the legal area. In Buffalo the Guild has worked with Women's Studies College, the Black American Law Students Association, the Graduate Student Employees Union * and numerous other groups to resist SUNY cutbacks, it worked with citizens groups, political organizations, and members of the media in launching a public campaign to stop the passage of Senate Bill Number One. On the legal side, the bulk of the efforts by the Buffalo Chapter of the Guild last year, were channelled into a prison condition suit involving the Erie County Detention Facility. This year's plans include promoting desegregation of the communities in thisregion. 28. Vlsta;view 22. Designates 36. County Prosecutor (abbreviation) 39. What law school sometimes makes us 24. An imposing and collecting of a tax 27. 20th Century English poet (first Initial, last 42. Indefinite article 43. Same as45 across 47. Chemistry symbol for argon 29. Cravat 30. First name of a criminal Law professor at UB ACROSS Metropolis 89. Newt 15. Beginning 17. Ethereal IS. Honey 19. Contained in an accusation or The membership supported reinstatement of the State'; University' Scholarships, and serious efforts by the faculty and adminstration to develop a coherent and effective minority admissions Legal Crosstics UIN n » .55 much of the defense. More recently, Guild lawyers have represented Joanne Little, Angela Davis, several Black Panthers, and countlessother political defendants. The impetus for a chapter of the National Lawyers' Guild developed in Buffalo following the Attica insurrection in 1971. Buffalo became the focus of national attention, and attorneys from across the country poured into the city. Professor Haywood Burns, a noted trial attorney and a Guild member, joined the faculty of the SUNYAB Law School during this period. Several Lawyers' Guild members at the Law School assisted in the Attica defense, and for three consecutive years, the Guild sponsored Summer projects in the Buffalo area. More recently, the Lawyers' Guild took positions against cutbacks by the State University system, particularly as they affected minority students. The Guild posited that the form which the cutbacks took posed a serious threat to poor and working people who were seeking an education. 1. Indictment 20. A beverage of wine and* honey drunk by the Ancient Greeks; poetic, strong speech, etc. 23. The condition legally owningand possessing realty 4. 10. 11. 12. 13. 14. 15. 16. ■ The subfect matter of actions that are primarily In rem Intent Alias (abbreviation) A collection of anecdotes Provided Pullet Contained or enclosed by Mcl Slander, defamation; false prosecution or accusation fee simple: "and his. 33. Zinc (chemistry symbol) 34. "As this corporation goes, so goes the country" 35. Transmit 37. cummings 38. To limit the Inheritance of property to a specific line of heirs. 41. An oral defamatoryremark 44. French article 45. Nix 46. University of Connecticut Answers In next Issue. �OPINION September 23, 1976 7 Spring and summer grading report FIRST YEAR H* Property Blumberg 5 Greiner Reis Const. Law I Newhouse Albert Mann Anti-Trusts Gifford Judicial Process Schlegel . Fund, of Municipal Law Kaplan Legislation Lindgren Law & Medicine Hyman D Q Inc. F 1 16 12 22 58 84 50 6 13 6 1 1 1 2 5 24 8 15 88 55 46 11 16 9 1 -2 52 109 1 - Research & Writing Hollinger H --- _ , 7 9 7 13 - 8 ,124 81 75 164 - 16 1 1 20 Coll. Barg. in Gov't. Newhouse Collective Bargianing Atleson Conflict of Laws Bell Mann ,,. 'Public Int'l Law . 1 1 •Cirminal Procedure I - * Evidence Birzon 1 Leary Estate Planning Mugel 21 54 11 45 16 36 17 16 4 16 - .,...* ■'■■ .13 - ' 3 37 ■ 22 86 14 130 10 28 39 69 Law * Labor Kochery 51 74 1 27 68 10 New York Practice Commercial Trans. II Spanogle 21 203 6 7 40 5 5 14 39 6 1 5 38 Securities Regulation Lybecker Trial Technique Staff �Data Banks & Privacy McCarty •Civil Procedure II 3 37 54 - - - ' 5 10 Schlegel .- ■■ ~ 1 39 3 5 9 1 3 5 1 9 20 5 3 5 11 7 6 - 18 22 1 10 33 Women & the Law Counseling Small Business. Zimmerman . Law in the English & Amer. Revolution Gordon Business Planning Lybecker Simulated Law Firm - Magavern Kaplan Lawyer-Client Clinic Inc. F 62 2 7 . Tot. ' 16 9 3 40 -, 12 17 ~ 40 *Persp. in the Criminal Process R. Schwartz/Hosticka 8 12. 1 1 9 1 5 4 Desmond Internal Union Democracy Allcson 25 Lindgren -.. Galahter 67 86 153' - Formal Mod. & Methods in the Legal Process 45 1 Slate & Local Tax & Finance Greiner Federal Tax I Del Cotto 1 53 Const. Law II Newhouse - 62 Gratuitous Transfers - - 41 21 67 12 Debtors Rights Girth - - 21 44 12 1 ■ - 19 4 11 •15 6 4 3 14 5 .. 3 I .. 13 4 .1 , 9 1 11 - 24 1 4 _ New York Practice New York Administrative Law Gifford Civil Procedure II Kocher „ 5 9 T 19 7 28 9 20 3 32 16 t , 17 11 16 , 9 18 3 29 1 Public Policy Formation Thomas HAVE NOT RECEIVED GRADES YET!! 100 Mentallllness&the Criminal Law Allen- 16 1 111 79 6 13 _ Homburger 39 1 - ' 6 - Joyce 134 2 5 1 250 - 4 1 Bankruptcy Reorganization - 48 10 3 - Philosophy of Law 18 1 7- Banking Regulation Spanogle Problems in Philosophy ofLaw Franklin 20 2 - McCarty Girth - 3 Problems of Environ. Quality Reis Bell 94 13 155 105 Criminal Procedure II Allen ' 18 Social Legislation Albert 126 70 Kochery 2 Implem. of Legal Policy 21 .,,, *, ', ■ 4 10 106 *Commercial Trans. I 57 52 36 Homburger D Appellate Practice 89 14 Gratuitous Transfers Joyce Q Amer. Legal History 12 Federal Tax I! H SEMINARS Family Law Swart.2, H« Staff UPPERCLASSELECTIVES (* denotes courses open-to first-year students.) •Administrative Law Gifford *Law & Social Change Galanter Blumberg -15 .269 .6 86 HO 80 2 -'96 - Tot. 1 29 1 28 HAVE NOT RECEIVED GRADES YET!! ■ ..'.'.!*:■ n 36 ■ ■•.■.,■■• �Headrick . from page 1 .. On the question oi the discretionary admission program, the Dean's position is essentially that the school must consider factors other than grades and LSAT Scores when admitting students but he noted that he was not fully cognizant of the procedures in use at Buffalo. Headrick views SUNYAB Law School, the only State-supported Law School, as having two general responsibilities which should determine its admission policies: "One is to. provide certain kinds of opportunities that might be unobtainable elsewhere to certain segments of society, but, secondly, the school has a responsibility to produce the best people possible for the legal profession, and those two goals are sometimes in conflict." Because he has not fully examined ■ how the admissions process at Buffalo works, he had no comment on the question of numbers or percentages in relation to discretionary admissions. The Dean recognized the problem of the qualified student who falls under the discretionary admissions program but opts to attend another Law School because Buffalo cannot offer sufficient financial aid or other >«. assistance. He said that, "although it is hoped that more money can be made available, at this time many private and governmental sources of funds are disappearing. The school may be able to* tap some new sources of support in the future, but the immediate outlook is pessimistic." To a suggestion of changing the present H/Q grading system to another form of indicating student performance, the Dean remarked that the present method "does a reasonable job of informing students about the quality of their work and does distinguish the strong student from one who is not quite as strong. Basically, there is little that could be gained by tampering with the present procedure," he added. Dean Headrick was informed of student complaints about course availability and registration problems and was presented with the suggestion that many students would like to be able to plan a coherent schedule covering their last two years of school and be reasonably assured that they would be registered in courses they needed. "For now," ,he said, "the Law School is working to organize course planning on a year-by-year basis rather than on a semester-bysemester basis, and, in light of the problems encountered in the Spring of 1976 with registration, the administration will attempt to look further ahead in their planning." order "In AD INFORMATION " to implement improved procedures, the jurisdiction of the Budget and Program Review Committee was restructured so it can give more attention to course offerings and related problems," the Dean said. Headrick commented on another area of recent student concern library facilities. He said that the basic problem is one of funds for acquisitions. Noting that some outside money might be available for instance a campaign lasl springbrought in a "very gratifying" amount of money Headrick said that funding is still far short of the school's needs. He expressed optimism about future library funding and the hope that acquisitions would be sufficient to meet the immediate needs of the students and faculty. Headrick remarked that another library problem, overcrowding created by the influx of students from other colleges of the university to the law library, could not be alleviated until a new university library is opened on the Amherst campus. "Barring other students from the law library could set up barriers between law and other colleges and would work to the disadvantage of the law college", the Dean said. Questioned about increased input into student faculty/administration decision making processes, Dean Headrick said he would like to become familiar with the present system of student participation before he suggests any changes. The Dean stated that for the present he thinks the existing arrangements "give fairly extensive student input into key adminstrative processes." - SMfw>" ■"•<"»"'■ "'"">'■ by phon.at 630-2107. are to appear. The Student Bar Association will hold elections for 12 student offices Oct. 13 and 14. They include six First Year Directors; two Third Year Directors; three members of the Student-Faculty Relations Board; and Second Vice-Presidentof SBA First and Third Year Directors represent their respective classes in the SBA. They attend weekly meetings to discuss and act upon issues of general concern to the student body and represent student interests before the administration and faculty. The Second Vice-President is primarily responsible for coordination of SBA activities with other student governments of the University, and representation of the SBA on various University-wide committees. The Student-Faculty Relations Board is the primary body for determination of grievances at the Law School. Three student members and three faculty members meet as a judicial panel to decide matters of grading, student conduct and ethics. To appear on the ballot for any of these offices, students must submit petitions on forms which will be available at the-SBA office at noon Sept. 24. Petition requirements are: First Year Directors Petitions must bear the signatures of forty-eight (48) currently-enrolled first year students. Third Year Directors Petitions must bear the signatures of: twenty-four (24) first year students; twenty-eight (28) second year students; and twenty-six (26) third yearstudents; Second Vice President Petitions must bear the signatures of fifty-two (52) currently enrolled third year students; Petitions msut Student-Faculty Relations Board bear the signatures of nineteen (19) first year students; twenty-two (22) second year students;and twenty (20) third yearstudents. All petiitons must be returned to the SBA office by 5:00 p.m. on October 5. - - - _ . ANYONE INTERESTED In playing 4-wall squash please call Dean WANT ADS may not discriminate on 838-2959 \ ANY basts. The Opinion reserves the delete any SK(S FQR SALE Head 320 wi*h right to edit or discriminatory wordings In ads. Cubco Dlndmgs 205 cm for $30 Metal-Fiberglass 207 cm for $30. WANTED Contact Jim Paris In Room C321 In ANYONE INTERESTED establishing car pool from West Side of pOR pR^E Buffalo call Rob, Ist year, section 1, 684-4399. KITTENS FREE to good home. All ~ sexes; grey 'n white striped; RIDE/CARPOOL from Kenmore area tollet-tralned. Donna 835-1809. to Amherst campus, contact Lynn ' * About 60 students and faculty members turned out for sunshine, Softball and beer at the SBA's picnic Sunday at Ellicott Creek Park — Connie Farley -Bob! Citronberg I IN BRIEF 632-2707 or John Simson 833-4453. NO RATE will be chargedfor ads. Students play and Picnic on SBA — ssssssss g^ss* ' they SBA elections coming up Oct. 13 & 14 - CLASSIFIEDS York 14260 or September 23,1976 OPINION 8 SUSTA Law students who qualify for the new State Un iversity Supplemental Tuition' Award (SUSTA) will definitely get $725 toward their first-semester tuition, but when they will get it is still uncertain. The SUNYAB Financial Aid Committee has officiallyapproved a plan proposed by Financial Aid Director Joseph- Stillwell, allocating the funds available on a percentage basis to alt students who qualify for the maximum state-adminstered. Tuition Assistance Program (TAP). However, Stillwell said late last week that his office is still wailina for a roster from Albany of Further information will be students who will be getting TAP. made available if there are enough sign ups. Softball League The Opinion would like to sponsor a 4-person half court, Student Loans & Bankruptcy very informal, basketball league. The House of 'Representatives A sign up sheet will be posted on recently passed a bill designed to the SBA bulletin todya. Students, prevent student borrowers of faculty, staff, and their friends are federally insured loans (including eligible. NYHEAC and NDSL) from Each team will consist of six discharging their debt under the persons individuals or groups as Federal Bankruptcy Act. The bill large as six may sign up. Groups would provide that the of less than six will be paired with educational loan could not be discharged in a bankruptcy other groups at random. Results and standings will be proceeding begun during the first printed in the Opinion five years of the repayment The League will enri hu period. The bill is presently being Thanksgiving and teams win play examined by a House-Senate )oint only once per week at the Bubble Committee, and if approved will. (at most twice) to allow for ' be forwarded to President Ford studying. for ratification or veto. — ' ' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-09-23 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/23/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/08c21763e362d058b925ba5a3f90a230.pdf f5b24fabf31190b1cfd44bd66f8eccaa PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume 17,Number 1 State restores tuition awards Law students who would have been eligible for full-tuition awards under the old State Un iversity Scholarship (SUS) program will probably get a minimum $1,450 of their $2,000 tuition bill paid under the State University Supplemental Tuition Award (SUSTA) program that is replacing it. Restoration of the tuition aid, cut from the state budget last spring, won eleventh-hour approval from thestate legislature in July. Financial aid officers attribute the restoration of funds, earmarked exclusively for law students, to lobbying efforts by students from the State University of New York at Buffalo Law School. Scholarship aid was not restored for medical or dental stud ents, although pharmacy graduate students received $15,000. In making the $1450 estimate, financial aid officials noted "7ast week that the $237,000 approved for SUSTA is about $25,000 less than what was spent last year on SUS for law students and that a. $400 tuition increase puts a further strain on available award money. Joseph Stillwell, SUNYAB director of financial aid, said that it will be up to the University Financial Aid. Committee to decide how to distribute the money but that he favors giving it out on a percentage basis to everyone who meets the basic criteria for the old SUS state residency and a $2,000 or lower net income. He stressed that the $1,450 figure is tentative and represents what SUNYAB accountants figure will be available for eachperson if the same number of students are. eligible this year as last year, and if the committee decides to allocate it on a percentage basis. "Personally, I would lean toward some sort of percentage allocation (rather than cutting out some students entirely)," Stillwell said, "but the final decision does it's a not rest with our office decision to be made by the [SUNYABI financial, aid committee." The committee, chaired by Anthony Lorenzetti, associate vice-president for student affairs, will meet sometime this week, according to Stillwell. SBA President Barry Fertel said Friday that he was optimistic after a September 3 meeting with Stillwell and , - — New dean projects changes; Sees role as catalyst, persuader by Bob Anderson More inter-disciplinary contacts between the law school and other SUNY at Buffalo colleges, a better library arid development of student life are three goals set by Thomas E. Headrick, the new deaji of the Law School. The 43-year-old former vice-president of Lawrence University in Wisconsin and former assistant dean at Stanford begin his duties September 1. Outgoing Dean Richard D. Schwartz will continue as a professor at the law school and in the SUNY at Buffalo Sociology Department. The law school's potential and the quality of students and faculty are what attracted Headrick to Buffalo, he told Opinion recently. "I have known people on the Buffalo faculty and known about B uffalp for probably ten years," he said. "I have watched the school and its development and I think that -its aspirations fit with my conception of what a first-rate law school or cont'd. on page 8 law center should be." As New York's only state-supported law Law Review names school, SUNY at Buffalo has a "unique" role in the state's scheme of higher education, Headrick added. The new dean had been vice president of academic affairs at Lawrence for four years prior to comjng to Buffalo. From 1967-70, he was assistant dean at Stanford Law School, where he supervised a law and computer program, collaborated in design of major curriculum decisions, coordinated building design and The Buffalq Law Review has Piccione, James R. Piggush, David taught an undergraduate seminar David Carol Reitz, Saleh, M. on urban riots and the legal J. chosen 29 associate editors from W. the current second-year class. The Schwab, Philip John Szabla, system. Jeffrey Wandel, He holds a B.A. from Franklin Traub, were Barbara shown above, acceptees, and Marshall College, D. Litt. among 100 students who George M. Williams, Jr. participated in a writing Reduced staff, increased publications... competition last spring. First year grades .were weighted about equally with points earned on a case note written in competition and evaluated by Case and Comment Editors Dennis McCoy, associate spot within a few days, by Jan Barber Chris Carty, Rebecca Dick, Dean Thomas Headrick told Martin Perschetz and Irvin Law library usera ihis fall will Opinion Friday. Mermelstein. Former law librarian Larry changes staff and The new associate editors are: discover some left September to David Ascher, Russell N. Brown, the return of the federal and Wenger law librarian of 1 the Thomas C. Carey, Philip Clarkson, regional reporters, Shepard's and become University Virginia. of legal tools. John Costello, Joel A. Eisen-Stein, some otherbasic Headrick estimated that it will Foremost among the staff Louis S. Faber, Robert B. changes appointment of be six to seven months before the is the Gartner, Fleming, )r., Kenneth L. chieflibrarian again. Steven Gerber, )oseph C. Prof. Wade Newhouse of the Law school has a Grasmick, Jeffrey A. Human, Faculty as Associate Dean to A search committee will be he said, with soon, Harris E. Kershnar, Allen Klein, oversee the library until the formed members from the law faculty and Richard Langsam, Elizabeth appointment of a permanenthead the library system. Mensch, Mark ). Moretti, James librarian. Newhouse, who has Whether Newhouse will Mucklewee, Sandra S. O'Loughlin, already assumed his new duties, John I. O'Neill, Anthony will be formally appointed to the continue as an associate dean after editors - September 9, 1976 State University of New York at Buffalo Faculty of Law and Jurisprudence SUS lobbying pays off by Connie Farley Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 - participating members in cooperative actions which provide strong interdisciplinary linkages," including those at the undergraduate level, he said. "You literally have people walking out after four years of undergraduate school with .no sense at all of the legal system and the legal process and I think a law school in a large university has a responsibility to provide some from Oxford, an L.L.B. from Yale education in law and legal and a Ph.D. in political science processes for the undergraduate from Stanford. He has been a population," Headrick said. management consultant in London, practiced law in areas of international business, anti-trust and property tax litigation and served as a law clerk for a Stale of Washington Supreme Court Judge. Stressing his interest in broadening the lawyer's vocational content, Hcadrick said he would like the law school to work more actively toward interdisciplinary contacts. "It has to provide some models for students in the form of faculty • Headrick views the law school's primary task as educating rather than merely training, "because we are not just a trade school teaching people to do some mechanical kinds of skills." People with legal training have traditionally filled many roles in American society, the dean noted, noi only in the professional bar, but in education, business and the arts. "I think a legal education provided ihese people with tome - conI'd. on page 8 Fleming leaves; Successor Planned An in-house appointment will probably be made to replace Associate Dean Robert Fleming, who resigned August 3! to become dean of the new Pace University Law School in White Plains. ■>, Thomas E. Headrick, new dean of the law school said Friday he would prefer to replace Fleming with someone familiar with the law school and that he has been "talking with faculty" about possible candidates. The appointment will be madearound the end of September, Headrick said. Dean Fleming could not be reached for comment on his departure, but his wife, Jeanne, told Opinion recently that she and her husband would be sorry to leave Buffalo. "These are our home roots," she said, "and he's always had strong feelings for this law school but a new place will be an exciting change." Flemjng is a graduate of the University of Buffalo Law School and holds a degree in mechanical engineering from the University of Minnesota. Following a stint as a teaching fellow at Harvard, Fleming was in privatepractice in Buffalo from 1961 1964 before becoming associate dean. - Newhouse checks in as acting library director a librarian is hired "hasbeen left open," Headrick said. Newhouse for now will continue his teaching schedule with some modifications while overseeing the library, Headrick said. Newhouse teaches Constitutional Law and Schools Law. The staffing and acquisitions picture Newhouse faces thisfall in the library is mixed. While some of the publications which were discontinued last year when library funds ran low are being restored this fall, not all are. And even with Newhouse's filling-in Wenger temporarily, the library will again be short-staffed this year as Gov. Hugh Cary's for statewide freeze on State Universityhiring continues. Among those publications which have been reordered since the start of the new fiscal year in May are the federal and regional reporters, all official state reports, state and federal codes and regulations, Shepard's citators for federal, regional and New York materials, most looseleaf service subscriptions and the bulk of the - cont'd. on page S �September 9,1976 OPINION 2 Editorial: Philosophy, polemics and a pitch This is a space reserved for philosophical musings or for polemics as the editors prefer. In this first issue of Opinion for the 1976-77 school year, we are refraining from both. Philosophy and polemics are to some extent both products of leisure and there has been little of that in the Opinion offices in recent weeks. It is, instead, your ideas, concerns, interests and opinions we are most anxious to express in these pages. It is easier now to tell you what we know Opinion will not be than what it will be. It will not reflect the political or social views of any staff members to the exclusion or derogation of opposing views. We welcome any contributions to the news, features or editorial pages, especially letters to the editors telling us what we're doing wrong (or right). Opinion will not be a public relations sheet for any organization sheet or individual. We plan to report objectively and critically on what's going on at the law school and in the legal community. Opinion will not be boring. We know there are people here and things going on around all of us that are worth writing and reading about. It will not be isolated. We feel the newspaper, like the law school itself, has real potential as a springboard for ideas in the legal community. The paper is mailed out to alumni, judges and regional attorneys. What law students, faculty and staff have to say and how effectively we say it, is significantto them. Now for the pitch. We're not only interested in your abstract ideas, concerns, interests and opinions; we're interested in your written expression, your news tips, your typing abilities, your willingness to work at the printers' and your ideas for stories. Some of you have already joined the staff and others have agreed to contribute occasionally. To make sure Opinion is none of the things we've just promised it wouldn't be, we need more of you to become part of us. Then, perhaps, we'll have time for more opinions. BALSA Welcomes Students . . Greetings, t would like to extend a warm welcome to all minority students, especially theblack freshmen. We of BALSA are here to assist you in years these coming weeks months of law school confusion. We are willing to aid you in the formulation of study groups, will give advice as to courses and professors, and to generally help you adjust to the new-social and educational ■ It is our hope that you will takeactive in the programs and functions of our organization. We will be meeting once every week on a day that will be arranged. All are not only welcome, but wholeheartedly encouraged to attend. Sincerely yours, Mark G.Pearce participation Chairperson, SUNY/Buffalo Chapter Black AmericanLaw Students Association surroundings. The President's corner SBA's aim is 'to make law school tolerable' Let me introduce myself, I am the president of the Student Bar Association, affectionately, called the "SBA" by those who have learned to know and love the organization. Basically, the purpose of this first article of the school year is to provide an introduction to the structure of the SBA, its functions, any recent accomplishments (which are usually few and far between), our future goals.^nd the obstacles which witl be encountered in our endeavor to achieve these goals. It is hard to believe, but every student in the law school is a bonafide member of the SBA; that's the least we can do considering the fact that each student must cough up $30 a year in activities fees (those students who are in dire financial straits may apply to the SBA for a fee waiver). Of course, most students don't care how their money is being spent, or at least they do not wish to express their views on the matter. In any event, the SBA is faced with the task of allocating approximately $22,000 among various student organisations and activities. To perform this difficult .task, we have a president (that's me), a Ist vice-president (Cliff Solomon), a second vice-president (Sally Krallman), a treasurer (Paul Lukin), and last, but not least, a secretary (Bob Citronberg). There are also 18 SBA directors, six from each class; the six first year directors will hopefully be elected sometime in October. We also have an office which is located opposite lecturehall 112 (the "purple" room) in room 113. The primary function of the SBA, at least as I perceive it, is to create an OPINION Volume 17,No. 1 September 9, 1976 Editors: Cornelia Farley Tanis Reid Louise Tarantino Steve Errante Cope, Staff: Bob Anderson, John Arpey, Jan Barber, Bob Citronberg, Lynn Dix, Charlie Finger, Ken Gartner, Pat Heenan, Kirn Hunter, Becky Mitchell Mitchell, David Munro, John Privitera, John Simson, Michel Kaye. Contributors: Bob Goldberg; George Rusk, Sue Hogan. Photographer: Nancy Mulloy Copyright 1976, OPINION, SBA. Any repufification of materials herein is strictly prohibited without the express written consent of the Editors. during the OPINION is published every two weeks, except for vacations, academic year. It is the student newspaper of the State University of New York Campus, at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherstnecessarily Buffalo, New York 14260. The views expressed in this paper are not non-profit is a those of the Editorial Board or Staff of OPINION. OPINION Editorial policy organization. Thirdclass Postage entered at Buffalo, New York. of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. Composition University Press at Buffalo - atmosphere at the law school which is as rarity at this law school, and it is hoped tolerable for its students as is humanly that students will also be given the chance possible. Therefore", if any student feels he to become involved in areas of the law is being mistreated by a professor, the which are of particular interest to them. ■administration, or anyone else, he should (Details of this proposal will be posted on inform the SBA, and we will do our utmost to see that any suchhassles are eliminated. To help reduce tension, the SBA funds two big parties with plenty of booze and music during the school year. The SBA also pays an athletic fee each year which entitles all law students to use all university athletic facilities free of charge. In addition, there are usually intramural activities, and there may even be a few faculty-student games, provided the faculty can come up with a decent team. Since I have been in office, the SBA has made a sincere effort the represent law students outside the boundaries of the law school. For example, we financed a successful lobbying effort in Albany last semester which led to the restoration of the State University Scholarship for law students of limited income (at the time of this writing, full details as to how the funds will be distributed among the students is unavailable). As for representing law students within the university, I have been regularly attending meetings with the leaders of the other student organizations in the university. In addition, I have had to, on more than one occasion, act as a spokesman for the majority of law students when the faculty and/or administration in the law school has attempted to act against the best interests of the student body. For example, a petition drive was launched to head off a move by several faculty members to extend the fall semester into the month of January. We succeeded in stemming this attempt, and although it may seem trite to most students, it was only the first step in changing the attitude of the faculty towards the students. This semester marks the inception of a pilot program in conjunction with the Erie County Bar Association whereby senior law students will be permitted to participate in the deliberations of the variouscommittees of the organized bar in Erie County' as full-fledged members. This program will provide an excellent opportunity for seniors to become acquainted with practicing attorneys, a the second floor bulletin board outside the library.) The SBA's goals for the coming year are really quite simple. We are extremely desirous of increasing faculty-student interaction; in the past, most faculty members have taken no affirmative steps to familiarize themselves with their students outside the classroom. We also wish to improve the lines of communication within the law school, for most students are totally unaware of what is ocurring abouthem. In this regard, the SBA appoints the student members of the following faculty committees: the Budget Program and Review Committee, the Admissions Committee, the Faculty Appointments Committee, the Academic Program and Policy Committee, the Library Committee, the Minority Student Committee, and any ad-hoc committees which may be established over the course of the academic year. In addition, four students are appointed as student representatives to the monthly faculty meetings. Students interested ir participating on any of the SBA committees should attend a meeting September 10, at 1:30 in Ropm 106. It is also important that the SBA should try to develop an atmosphere wherein law students will become politically active. have learned this past I summer, as a clerk in a law firm, how valuable a tool a legal education can be. Students should not waste their years in law school by simply sitting in class, they should take advantage of the skills they acquire so that positive change may be effectuated. One can not obtain a true picture of what it is like to practice law in the real world simply simply by attending his or her classes. All in all, I sincerely hope that the incoming students will become involved in the law school's affairs. Anyone who wishes to participate in the SBA is encouraged to stop by the SBA office to air his or her views. I welcome you,and wish you the best of luck; you'll need it to survive In this surrea| worldknown as "law school." �September 9,1976 OPINION Book Review Upper Outside Corner Lamenting the victim of Daniel, E.L. Doctorow Book As a boy, I saw a terrifying exhibit at the American Museum of Natural History in Mew York City. The exhibit showed a half dozen sharks of various kinds, including a hammerhead, chasing a sea turtle. The sharks were only a few feet behind the turtle, who was plainly doomed. E.L. Doctorow's novel The Book of Daniel reminded me of this nightmarish exhibit because Doctorow's focus is on the victim. Daniel is based upon the Rosenberg espionage case of the early 19505. Since" Doctorow has changed the historical facts, he seems to be engaged in mythmaking the creation of a story with a moral. The story of Paul and Rochelle Isaacson, convicted atomic spies, is told by their son, Daniel Lewin, a twenty-five year old doctoral candidate. Daniel was nine years old when F.8.1, agents arrested his parents, and fourteen years old when his parents were electrocuted at SingSing. Daniel's story^ of his parents is a failed attempt to learn the truth were theIsaacson's really spies?lt is clear,however, that, the Isaacson^ were not fairly convjcted of any crime. The government punished them because they were unreconstructed Communists who refused to acknowledge the righteousness of the American system. Thelack of a connection between the acts of the Isaacsons and their punishment makes them the victims. The , - - Doctorow transforms this story ot suffering without guilt into more than a truism by breathing life into his characters. The Isaacsons are not idealized martyrs. Daniel describes his father as "skinny, nervous, selfish, full of radical passion." Rochelle Isaacson is more attractive, but she is basically a dedicated Bronx homemaker who happens to belong to the Communist Party. The first meeting of Daniel's parents is tenderly described: "The trolley cars wind up the hill, buzzing and whining; the wind blows the overhead wires. The lights in the streetcar flicker..He shifty his books and paper bag from one arm to another. She smiles at him, her hand barely reaching the leather strap. She fell for him at a Loyalist Rally on Convent Avenue..." But their deaths are not so prettily described: "Smoke rose from my father's head. A hideous smell compounded of burning flesh, excrement and urine filled the death chamber. Most of the.witnesseshad turned away. A pool of urine collected on the cement floor under the chair." In a thermonuclearage, the victim fs the modern Everymen. Daniel is a fitting tribute to all victims. by Bob Goldberg The Wide World of Torts compared to the kind of destruction that could easily be inflicted by a battery of With the Olympics close behind us, young lawyers. It is possible that all of significant attitudinal and behavioral international amateur athletics could be changes can be seen amidst the American eradicated by 1980. Why leave this populace. For many whose daily exercise wondrous occasion purely to the fortuily prior to the lighting of the Olympic flame of pol iticai depravity or East German consisted of little more than pushing down, hormone injections? Lawyers vand law students could on the accelerator or brake, an incredible change has taken place. Stores have participate in specialized Olympic events. reported marked increases in sneakers, Speed Shepardizing is one example. Or running clothes, discii, vaulting poles and how about Cross' Country Client the like; and cars can barely pass through Counseling. In this event, a lawyer must streets filled with joggers, cyclists, walkers, cover a distance of 26.3 miles within a time law students and other Olympic flames! period of six hours. The attorney is People in droves can be seen practicing supposed to walk, run or skip, however their "Viren Vinale," "Dwight Stone undetected cheatingjuse of an automobile, By John Simson ' Glare" or Brandies Brief. The UnitedStates Census Department issued a statement admitting that for the first time since 1920, cyclists and joggers outnumber smokers and convicted felons. What relevance, you may ask, does this have to Law School, to'the pursuit of or other mode of transportation) is allowed and encourage. A lawyer must stop at as many houses along the way as possible, gaining clients and influencing people. A score at the close of the six-hour period will be based upon: 1. How quickly the course was completed; Justice? 2. How many clients were interviewed; It js in fact obvious to all, if hot many, Champtons~among 3. How much money up front was that there are Olympic us. Who but a law student carrying 21 Pacific Reporters in search of the Lost Case, could excel in such events as the "Clean and Jerk." One professor who refused to discolse his or her name stated that "if study groups of four coutd be forced into Bobsled Teams, my course would be greatly enriched." This statement is undoubtedly true since most students/ now registered for this course are generally not in attendance, or asleep. (It isrumored that the bookstore stocks No-Doz as a required text in this course. This requirement would at least assure the administration that students were getting some form of exercise while reading the Hornbook.) We should not be contented with our Olympic accomplishments: law students can change the Olympics in a much more dramatic way. Avery Brundage and Lord Kallinin are mere "clerk-typists" when 3 collected. Leaving the thought of lawyer-influenced Olympic events, I would like to salute those courageousathletes (?) who participate in the Luge (pronounced LOOJ). The Luge, for those of you not athletically motivated, is an event which taUfcs the-utmost in skill and coordination. The Luger must carefully put on the crash helmet: this can be a very delicate operation since improper placement can result in the loss of an ear. The Luger must then strap himself, feet first, into a small sled. This can also "be very dangerous, particularly if the Luger gets careless and straps himself in head first. The Luger, his care and coordination now tested, plummets down an icy course at speeds of 90 mph and greater. Why, the Luge takes almost as much skill as perhapscrossing the street against traffic in midtown Manhattan at 5 p.m.... and about as much brains. by Tanis Reid the wall so thai you'd be in a vertical position for one hour and twenty minutes. When I was eight years old and still All the sitting around here couldn't sucking my thumb, my mother was i possibly be good for posture or circulation. constantly telling me not to do it. She was i However, what worries me about such afraid if I kept sucking my thumb, I'd be machines, in the lecture halls, is that they insecure for the rest of my life, or worse, would have to be on the wall at the very get buck teeth. She gives credit to some back of the room, even behind the last row method supposedly designed by a child of seats. In Paper Chase terms that means psychologist for curing me of the thumb that anybody behind the last row would be habit. I don't think it was designed by a behind the third echelon and then there child psychologist; I think it was designed would be no one to use those machines, by some sado-masochist or possibly even because there's just nothing lower than the my mother. The method consisted of last row, third-echelon type. coating the guilty thumbwith this liquid. I But this tone is not good. It's so easy don'tremember too much about this liquid to h,ul moiiih everything. So easy to except that it came out of a bottle that complain about the stagnancy of the place, looked like the Mercurochrome bottle pf feeling like one of the persons in an and, that, never, in my whole life, way architect's drawing of a new building like back from worm-eating days to my present nothing's happening now because it's not Pepto-Bismal-drinking days, have I ever meant to begin until the whole place is tasted anything so awful. And I tasted it finished. Abraham Lincoln would not like twice. It took a lot to come between me this attitude at all. I think it was in and my thumb. Even after that first taste Sandburg's Lincoln that he was quoted as sent me flying out of bed to the bathroom saying I can't remember the exact words, faucet where I soaked my gums under only the moral that most people are only running water for a good five minutes, I as happy as they want to be. And Paul figured I could acquire a taste for the stuff, Birzon, criminal attorney and part-time sort of like Scotch. But a second night, a professor here, once told students in an second taste, and a second flight to the informal discussion about the legal bathroom faucet convinced me that it was profession how great law school is and how impossible. its freedom from pressure and its free time When I was twenty-one and applying should be valued. to law school my mother kept telling me And Birzon's right. Hell, I'm not going not to do it. I have never listened to my to spend this last year at law school mother. I went to law school. The first bad-mouthing the place. I'm going to join year tasted awful. I wasn't going back the my classmates in a positive attitude. Why second year, but it was going to lake a lot should I waste a whole year of my to come between me and my college dream twenties, merely shelving lightweight of doing something "meaningful" with my versions of casebooks in my mental life. The second year tasted awful. I could library?Constitutional Law can probably have quit after the second year, but with be as academically exciting as American two-thirds of it already behind me I figured history was in college. Nor am I going to I.might as well give it one more taste. My waste my time talking about with which gums arc already burning. ,——firm I'm going to spend my after law And my eyes, 100, have' started their school days. The way the profession is, my own littlerevolt. They refuse to distinguish i post-grad work could be like my resume green arrows from green circles on traffic experience section: nearly non-legally signals. They claim it's from trying to read related. And ihc way the third world 5.168 of the insurance Law in the pilch situation is stacking up, I could be in a dark library here. And my nose has decided military uniform before I get to to fill up with that ol' fall congcslion since commencement in black. Even if I do get a it's not about lo get any fresh air from Ihe job in a law firm, I'll be stuck with the no windows here and becauseit docsn'l go same people day in and day out for maybe for stale air that smells ihc color of the as much as seven years until I don't make carpets here. And my body is just .ibout lo senior partner. Rather, until I make senior go into convulsions at the sighl of the partner and that means even more than machine shit food I've begun pouring down seven years with the same people. It's it this wce.k. much better here with so many people Things don't seem to have changed 100 around, whom you can talk to if you want, much aroundhere. There's a new dean, but or not if you want. Whom you can be I didn't know the old one. Only one new obnoxious to and vice versa, and nobody professor. Students critiquing him even feels abused or has his" job jeopardized. before he's given his first Icclurc Where I have no clients or money rrfatters defended John Connally, didn't hc?Stitl, breathing down my neck. In a world where he's supposed to be an outstanding success means nothing, cannot be judged, attorney. The old, hc's-brilliant story. I where & Q is all it takes to make the grade. (Sometimes, though, an H can contribute wonder if he can teach? Unfortunately, we didn't get any of to the confidence I mean things are good those hoped-for improvements. 1 didn't around here, but sometimes you like to really expect them to knock out any walls feel a little gooder than the next guy.) And to put some windows in the building, or to even when things get really tough, there's add library lights that would cover more all those golden dollar matinee afternoons, than the top half of a page. But those those glorious ski Wednesdays, and those fine four day weekends, for which you machines, sure would have been nice the kind with clamps on the legs and arm don't have to answer to anybody. you your so that limbs the" But best of all, I mean the most put rests if in clamps and a quarter in the slot, you have important thing is, I don't have to be here. absolutely no choicebut to stay put at that I can quit any time I want to ... though, library table until an hour is up. I had a probably I should wait 'til after Christmas stand-up version in mind for the lecture exams to quit, just in case I wanted to just clamp your arms and legs to come back. halls . — — - , .. - .. — Typeset and printed for a crisp, clear, Professional look! «. fmrni V"4 D^JI t#S /\\ Reference librarians will give 45-minuteorientation tours of the library this week and the week of Sept. 20. Sign up sheets are available at the reference desk. - f^Sj 1. . pMMMQ 50 copies 100 copies , lpaje 16.25 17.05 2pao» 3pag» 24.75 27.35 32.25 37.65 Visit our office; see our extensive portfolio of finishedresumes! Normal turnover: 4 days. 30% drposit. - UniversityPnssat Buffalo* 361 Norton Hall 8314305/8314215 '<• division ofSub-Board 1, Incorporated, a jntdtnt-ntn, nttt-for-profltcorporation. �September 9, 1976 OPINION 4 Carlisle plans legal career seminars Mr. Carlisle, you'ye finished your first year as placement director. What do you consider some of your importantachievements? The Law School Placement Office has completed its first year of full-time flperation. Our achievements have included the following: placement of graduates in numbers which statistically rank SUNY with leading national law schools; development of an "in-house" office staff and administrative functions which are similar to those found at most national law schools; creation and successful action of a student placement committee; personal interviews with over 500 students; development of permanent satellite alumni groups in New York City and Washington, D.C.; establishmentof ■ strong alumni placement involvement and, to a lesser extent, faculty placement involvement. The positive results of this yearvhave been due to the efforts of a full-time placement officer .and adequate staff and secretarial support. There is a strong possibility that these efforts will be decreased this year due to cutbacks in the funding of the placement office by the administration This would be most unfortunate, and students desiring to make funding ot the placement office a high priority item-should lobby the law school administration and faculty. Remember, it was student interest pressure, not administration or faculty pressure, •that demanded and obtained a full-time placement office. We have much to do to build a first rate placement office, but we can be proud of our initial efforts in this importantaspect of legal education. Many students wish to know ifgraduates of the class of 1975 and 1976were successful in findingemployment. Are any employment percentagesavailable? Employment statistics for the class of 1975 indicate that SUNYAB law graduates were far more successful in obtaining employmenl than students at most other law schools. Less than 35% of the 1975 class surveyed in June of 1975 had legal positions. A concentrated effort by the Placement Office on behalf of 1975 graduatesresulted in the placement of 90% of the 1975 graduatesby June of 1976. Our 1976 statistics are only tentative in completion and in substantive meaning. We should be encouraged by the fact that over 40% of those responding to our survey forms are employed. This figure, when contrasted with 1975 returns for a class of 100 less - persons {168 for 1975 265 for 1976) indicates that we may expect to have most members of the class of 1976 employed by January of 1977. The figures^also indicate that our graduates are locatingpositions. Concern for obtaining a position prior to graduation is inevitable but not always warranted particularly in light of past experience and thf reality of today's market. I will try very hard to alleviate these types of fears when speaking with third yearstudents. Positions are generally obtained after graduation. This is due to the fact that many more Buffalo graduates than graduates of super-prestige schools, i.e., Harvard, Yale, Columbia, Stanford, etc., are employed with smaller law firms who are unable to project their employment needs far enough in advance lo hire associates prior to graduation. One sure sign of a national law school is its ability to place higrTer and higher percentages of its students prior to graduation. Our recent trendsindicate this growth. Finally, it should be pointed out thai while SUNY placement statistics are far above average, we can only hope to increase such figures by opening up new markets outsideof Western New York. The Buffalo-Rochester area can absorb law graduates without the full-time efforts of a placement office. Areas elsewhere (New York City, Washington, D.C., Boston, Cleveland, the Far West, etc.) require the efforts of someone to publicize the law school and its graduates. Such publicity efforts should be a priority during the 1976-77 academic year. Will you be conducting asmany personal interviews as you did fast year? Last year personal interviews with all students were strongly encouraged. No less than 586 appointed interview-counseling sessions were conducted on a one-to-one basis wiih law students. Interviews ranged in length from 15 to 60 minutes. The average session was 30 minutes in duration; thus, over 343 hours were spent in person counseling. In addition, about 20 students spoke with me each day I was in my office for four to six minutes each on a non-appointment basis. This year I will attempt to limit student interviews, concentrating instead on speaking -with small gorups of students and conducting seminar workshops. Past experience clearly indicates that students appreciate personalized counseling sessions, but the time involved (343 hours or eight working weeks) does not pay its dividends in placement. Query is time spent with students better spent in consultation with alumni and in the law offices of potential employers. I think so. Placement directors at Columbia and NYU spend most of or a good portion of their time with individual counseling of students, but these schools have qualified administrative assistants available for this important task. I feel that this year I will have to limit the number of personal interviews unless I have sufficient staff support. Again, if students feel that this service is important, they should put pressure on the administration and faculty. - Will therebe on-campus interviews ofstudents this year? One of the essential attributes of a first-rate placement office is its ability to ensure that students will have an opportunity to interview with prospective employees. On-campus interviewing is the key to such success. Last year, 28 firms interviewed over 500 students at the Law School. Most of the firms were from Western New York; however, employers from New York City,-Washington, D.C., and Michigan were also represented. This year we expect to (increase the number of on-campus interviews. Several Buffalo firms including Jaeckle, Fleischmann & Mugel, Moot, Sprague, tyarcy, Landy Fernbach & Smyth, Phillips, Lytlc, Hitchcock, Blame & Huber, and Touche, Ross & Co., and the Buffalo office of the United States Marine Corps will interview on campus this year. We will also arrangeinterviews with several law firms from other areas of New York State, New York City, Washington, D.C., Chicago and elsewhere. It is doubtful that we will dramatically increase the number of non-Western New York firms conducting on-campus interviews during the 1976-77 year. Not until our recent graduates do well enough in such firms to warrant a partner's travelling to Buffalo can we expect such activity. We will continue our efforts to encourage firms in New York, Washington, Cleveland, Detroit, Pittsburgh, Baltimore, Chicago, Los Angeles, San Francisco, etc., to give interviews to our students in their respective areas. I am in frequent contact with such firms and I plan to visit and/or speak by telephone with recruiting partners from the firms. Students should check the job listing board on the third floor for information on upcoming on-campus interviews. What are our alumni and the faculty and staffofthe Law School doing to assist with the placement ofBuffalo students? I spend a great deal of time with our alumni. I attend monthly meetings of the Board of Directors of the Buffalo Law Alumni. I have also been actively involved in the formation of alumni satellite groups in New .York City and Washington, D.C. Of course, there is a limit to what our alumni can do. tf they cannot directly offer our-students jobs, they can provide job leads, suggestions and guidance to students. Alumni support, involvement and promotion of the law school and its students are essential. The results of this activity^can only be measured over a period of several years, but I am personally satisfied that we are making substantial progress in this respect. The faculty are well aware of our placement needs. They have been quite helpful, and it is my expectation and should be the expectation of students that they will continue to find the time to encourage their contacts to visit the Law School and/or to interview Buffalo students. The faculty at SUNY Buffalo Law School is becoming as excellent as those at the most prestigious law schools; thus with their increasing assistance, our placement efforts can equal those at such schools. - - How does the future look? We have made significant breakthroughs in the 1975-76 year. Our Placement Office is almost a first rale operation; however, we shouldanticipate the following problems next The administrative ("inside-house") functions of the Placement Office are handled by year: 1) Adequate staff and .secretarial assistance: most'national law schools have staffs myself as Placement Director, a full-time administrative assistant-secretary, a part-time double the size of ours. We must have (particularly .during full interviewing season) secretary and a part-time graduate assistant. two secretaries in the office. In addition, a graduate assistant shouldbe available to My inside responsibilities include counseling with students, presentation of seminars, counsel second year students. ■telephone and personal contact with employers, faculty, alumni and friends of the law 2) Budget for traveling and office expenses: all Placement Offices at national law school, judicial clerkship committee, and numerous correspondence and supervisory schools usually have clear idea of what their budget consists We must have full duties. disclosure from administrative sources as to exact amounts of moneyavailable with The office staff has successfully developed a system-routine for implementation of guidelines expenditures money. discussion as for of such to such activities. We expect continuation and enlargement of such activities to be 3) More institutionalizing of Placement\ Office: we must systematize our office completed during the 1976-77 year with less effort and confusion than in 1975-76. functions. Toomuch of our time in 1975-76 was spent on the "individualapproach." Nevertheless, we must have adequate secretarial support to complete the essential Group seminars will be the trend. "inside" work necessary for implementation of our placement objectives. 4) Alumni and faculty involvement: we have made great efforts with significant positive results in this area. It is hoped that the new dean will continue to support the policy of the previoutf'administration. We must increase alumni and faculty support of our Will yoube conducting student seminars thisyear? placement efforts. The main focus of our efforts in 1976-77 will be on "outside" contact work. I spent far Throughout last year, on a personal basis, various forms of student seminars were too much time in (1) developing, supervising and coordinating "in-house" administrative presented. There were nine seminars specifically designed for first and second year functions (Mrs. Retzer, our administrative assistant should be able to oversee this next students; six seminars on opportunities for judicial clerkships; employment seminars year) and (2) counseling with students (over 340 hgurs or almost nine working weeks designed to assist students in obtaining positions in specific areas of law and/or spenl in work which} couldbe of more benefit if devoted to employers and alumni). geographical locations. Approximately 500 studentsattended one or more of the student Outside contact with employers, alumni, bar associations will be encouraged. The seminars. The format permitted placement to be discussed on a group basis with a Law School needs public relations support for its activities. Public relations work must be myself and the Placement Office, apriority. collectiveexposure to This year I will again be conducting many student seminars. During the first three weeks of school, there will be seminars for first, second and third yearstudents. In these Anything else? seminars I will discuss informational services; placement office structure; forms and filing of student resume and letters of reference; interviewing procedures; career days and job One more thirTg. Copies of our Placement Office Annual Report, 1975-76, can be fairs. A'general objective of the workshop will be to orient students toward full use and obtained in the Placement Office, Room 309. I welcome any student and/or faculty support of the Placement Office. feedback. What are some of the day-to-dayadministrative functionsof the Placement Office? - . �September 9,1976 OPINION \ 5 Violations plague student housing by Nancy Mulloy Landlords milking the university housing situation and "an absolutely terrible" system of building inspection are responsible for some dramatic statistics collected by the federally funded University Heights Community Service Center earlier this year, according to City CouncilmanBill . Price. In a recent interview with Opinion, Price said that the purpose of this comprehensive study was to identify "blight-influencing buildings" and to gather data concerning rents, deposits, violations of the ■ local housing and health laws, and landlord/tenant relations. Conducted by paid personnel that included U.B. housing and environmental design students, the Service Center made a door-to-door survey of 600 rented units in the University Heights district (a sample of 65%), the outer boundaries of which are Kenmore Avenue, Starin Avenue, Hertel Avenue, Main -treet, Shirley Avenue, Bailey Avenue and Niagara Falls Boulevard. The fact that the average tenant in the University Heights area is living in an apartment with approximately eight code violations is perhaps the most shocking statistic revealed by the 82 question survey, Price said. Additional figures indicate that 62% of the tenant population are students. The average rent paid per unit is approximately $200, without utilities, for a three bedroom apartment shared by three people. In 53% of the 600' units, tenants had to furnish the apartments themselves. Although the<: average security deposit is $226, damage inventories made prior to occupancyexisted in only 26% of the units surveyed, thereby reducing the chance of a full refund. One hundred seventy eight tenants had lived in the University Heights area previously, but only 89 of those ever had their deposits returned. In the 255 cases where a lease existed, 84% were one-year agreements, thus forcing many students to take a loss on summer - Perhaps related to that violationis the 25% figure indicatingTfefuseor combustible material in basements. Thirty-three percent of the units had refuse or combustible material in the attics. One out of four units reported that where tenants were responsible for their own heating costs, the heating system was incapable of maintaining heat to the degree that meets legal specifications. Extension cords beneath floor cgverings or travelI ing from one room to another accounted for violations in 16% of the sample units. Broken windows were present in 38% of the apartments and 10% reported water in the basement j^gardless ot whether it had rained. Despite the fact that 11% of those polled stated that their apartments, in comparison to their'personal housing standards, were slumlike- or near slumlike, and 39% indicated that their housing was below standard, a surprisingly large number, 89%, reported th at they would recommend their apartments to others. Seventy eight percent would recommend their landlords to others. The majority did indicate disenchantment, however, with the City of Buffalo in performing " days to correct the problem. This is followed by reinspection; if progress is shown, more time may be given. I f no progress is apparent, there may still be some leeway in certain cases, or the matter may ■be taken to the Housing Part of City Court. The judge may grant more time in some cases, or he/she may fine the owner. In almost all cases, however, adjournments are granted freely. The problem Mr. Price sees its obligation of seeing that rented housing units do not violate the' codes; 65% of the tenants believed that the city had failed in its inspection duties. With regard to remedies for the housing situation, 78% replied that student housing is an area in which university student groups should become actively involved, as I ob by i5 ts, for example. Eighty-one felt that a system of blacklisting certain landlords and publicizing particular information should be developed. With thisinformation base now available to legislators and city inspectors, as well as the public, Price, when asked what he will do situation, to improve the answered by saying that "we need to build a whole new system; we1* need home rule." He, finds the Department of Inspection and Licensing to be "the most backward, ancient and inefficient component of City Hall," and he has-"abandoned in the immediate future seeing a reworking of the system on a Cify Hall basis." The major problem Price sees with the present scheme of inspections by the City Department of Inspection and Licensing is that department's poor strategy which stems from a lack of imagination and good management. Price's assistant, Leigh Harden, described the current process of handling a violation as beginning with an inspection, followed by a letter to the landlord indicating the violation(s) and a grant of thirty with this system is that the Department of Inspection and Licenses moves into court lacking sufficient information to get a judgment. Their strategy is poor, too, he claims. To destroy blight from the neighborhood, new methods of attack need to be devised, he said. For instance, he suggested that inspectors hit the first; mass worst houses inspections on a strategic block would be more likely to impress a" judge than scattered inspections. Price also believes that bringing in a single landlord on violations on seven of his or her houses at once, rather than one at a time, would serve to get more judgments in favor of tenants. Price criticized the State Assembly's strong landlord lobby and City Court as contributing to - co/j-7. on p. 6 Tigar teaches a course in the alternative "A cosmic view of the nuts and bolts," is how ,visiting lecturer Michael E. Tigar describes the focus of his Criminal Procedure I course that began last week. As an alternative to the traditionalcasebook approach, the course is designed around a series of problems, Tigar explained in a ■recent interview. The casebook and supplemental materials are to be used as the students' primary source in developing solutions like a library. He contemplates a similar approach for Criminal Procedure II which he will teach in the spring. Tigar, 35, earnedhis law degree at the University of California Boalt Hall School of Law at subletting. 1 Berkeley in 1966, where he was The actual housing and health Editor-in-Chief of the California code violations were varied, but Law Review. He is presently the two most common were associated with the Washington, encumbrances on stairways (89%) D.C. firm of Williams, Connolly & and lack of a fire extinguisher Califano and is a part-time visiting (89%). Rodents,or pests had been lecturer at SUNY Buffalo Law discovered in 18% of the units. ' ' — . Lacher andKim join facility A legal aid attorney from for Genesee Community College's Albion and a Korean professor of Inmate Education Program at International Law are among the Attica Correctional Facility. Kirn Mun Dal, professor of new faculty members this International Law at Kyungpook semester. University, Taegu, Korea National Stephen Lacher of Albion will be a full-time lecturer and a will be a Visiting Lecturer for the replacement for Professor Norman academic year. He received his Rosenberg in clinic during the bachelor of laws from Taegu coming- school year. Rosenberg College, his masters of laws from Kyungpook National University will be on leave of absence. Lacher, a 1973 graduate of and his doctor of laws from National University. SUNY Buffalo School of Law, is Kyungpook diplomat with the Kirn was a •presently a staff attorney with the Foreign Affairs of the Ministry of Orleans Legal AM Bureau, Albion and legal advisor to the Orleans Republic of Korea and an County Welfare Rights interpreter with U.S. Military Organization. He has been an Advisory Group to,Korea before instructor of Constitutional Law becoming a professor of law. Harvard Law Review, and George Washing/on Law Review. Perhaps his most popular law review publication is "Waiver of Constitutional Rights: Disquiet in the Citadel", 84 Harvard Law Review I, which served as a foreword for the issue's study of the 1969 term of the Supreme Court. Some of the cases in which he has been involved are: Gutknecht v. United States {Supreme Court invali da ted Selective Service delinquency regulations), Breen v. Local Board (Supreme Court expanded judicial review rights of draft registrants), Gelbard v. United States {Supreme Court expanded rights of grand jury witnesses), Dellinger v. United States (Chicago Seven), United States v. Marshall (the Seattle conspiracy trial), defense of H. Rap Brown, Angela Davis, Wounded Knee defendants, Bobby BakCr, and John Connally. To BuffalcHtudentswho have met Tigar, his impressive legal credentials are matched by his personality and candor. According to John Privitera, a third year student who worked with Tigar in Washington this summer and who will assist him with course material during the year, "Tigar's ability as a lawyer and a thinker and his warmth as a person can only be experienced. The Brennan incident may have chilled the poI i t i cal expression of law students and lawyers across the country, but if there is just one exception, it is Michael Tigar. As students we are irresponsible not to at least sample his brilliance and eagerness." Although enrollment in his classes will be somewhat limited, Tigar told the Opinion recently that he welcomes attendance and participation by all students. School for the 1976-77 school where he has been, intermittently year. since 1966. Tigar's career has been a In 1968, while carrying his controversial one. He has load of cases at Williams, Tigar defended such figures as H. Rap wrote the Practice Manual for the Brown, former Texas Gov. )ohn Selective Service Law Reporter. Connally and Angela Davis. The The volume has had a significant controversy, in fact, began before effect on draft law: in the first he had begun his third year of law five years after the first edition school, when Supreme Court convictions dropped by over 60 Justice William Brennan offered percent. vThe practice manual him a clerkship .which was $o continues to be used as the become available the foljowing government continues to year. Brennan asked him to prosecute draft cases. prepare a resume of his political During some of the "off" time activities. Tigar detailed his with Williams' firm, Tigar spent background as a first-generation two years at U.C.L.A. teaching Berkeley political activist, who Administrative Law, Procedure, had protected ROTC, Evidence, and Criminal Trial demonstrated against the House Practice. He also lived in France .Un-American Activities for tWo years, maintaining a Committee, supported the Cuban private practice of international revolution and was president of a law while co-authoring a massive student political organization at volume of legal history with his California. Brennan insisted on wife, Loni Levy. The soon to be having Tigar's permission to make published book is entitled Law the information public^ and the Rise of Capitalism. Last year, while working at Maintaining his right to privacy, Tigar flatly refused to make what Williams, he taught Evidence at he considered • a political Georgetown. He will continue to confession. Brennan reneged on practice law while teaching here, flying up to Buffalo for one or the clerkship offer. The conformation, which was two days a week. Tigar's pubii shed essays, well-publicized, did not damage Tigar's reputation in some circles: articles and book reviews .have joined the appeared in legal journals, within a week he had prestigious law firm of Edward including The California Law Bennett Williams in Washington, Review, Yale Law journal, ' ' �September 9,1976 OPINION 6 Former UB law professor adjusts to California life (Editor's note: Paul Goldstein, a gained in these Eastern towns has professor at SUNYABLaw School proved more than enough to meet from 7 969-1975, is remembered the subtle challenges of this land fondly and otherwise by many of plenty, which on occasion has students for his on-the-spot been confused with a form of interrogations of students in the paradise. A reporter happened to areas of property and patent law. run into Goldstein, formerly a He was lured away from Buffalo professor of law at SUNYAB and by the sunny skies of California presently a faculty member at the and the dean of Stanford Law School. Opinion reporter George Rusk, who worked with a San Francisco law firm this summer, bumped into Goldstein on a Stanfordpatio.) by George Rusk In Northern California the sun has been known to shine for weeks and sometimes months in cloudless skies without even the slightest intimation that rain is likely to fall. Occasionally during the dry summers, the-natives are warned against the possibility of rain so as to instill a sense of humility in their proud breasts. But such warnings go unheeded by the experienced who are able to see the lie for what it is worth. Instead, they must rely on deep inner resolve in order to check their growing sense of fearlessness and false pride. Luckily for Paul Goldstein, and others fortunate enough to have spent some time in New York and Buffalo before becoming natives, the experience Stanford Law School, while cruising through the burnt orange hills of Stanford, and filed this report. You can't always believe the hype about California. It was an unmistakeply overcast summer day at Stanford. Yet there were puddles on the pavement. As masterful a Buffalo illusion as one could hope to find. But the important thing to understand, is that it was just the illusion and the hype is not entirely unbelievable. The puddles had resulted from sprinkling pipes. There were palm trees swaying in the breeze, instead of pines. And it was a mellowCaliforniacampus setting as far as the eye could see. There were undergraduates all over the place: enthusiastic, innocent, tall, short, spaced. There were sidewalk vendors, roving flutists, kids and hikers populating the asymetric, treed quadrangles. All of which would not be of particular interest excej)t that the recently constructed taw buildings are just around the corner and they manage to blend in manifestly unnoticed. Such is the setting in which students and faculty of the Stanford Law School must wage their daily battles. The demands of the situation have already begun to show telltale signs in the manher of Goldstein, sitting in quiet relaxation on an open air patio adjacent to the campuscafe where "one can order sandwiches on less than four types of bread, along with orgeat, tamarindo and frosty mint mit shlag. When asked the hard question of whether the quality of life in Northern California compares favorably with what he had come to know and love in Buffalo, it was no less than incredible to hear the composed resppnse. Not missing a beat, and demonstrating the Socratic skills that have become legend in O'Brian Hall, Goldstein quipped, "What do you think?" Indeed. Life in Stanford for a professor seems to be agreeable. A number of faculty live on campus in a style that comports with their respected status. Gerald Gunther, for example, lives in a large home located behind a South Hampton-type hedge in the center of the faculty community. Goldstein's home is just off campus in the peaceful town of Palo Alto. He's been spending a good portion of his time there this summer while finishing his study and tending to a backyard garden that Voltaire would be proud of. The good professor has been managing to keep himself busy. Though claiming that his summers are pretty much left to himself for, tennis, bicycling, writing and research endeavors, this "Saturday interview with him was sandwiched between two meetings, he had to attend to at a local computer communications firm with which he consults. The study which he is in the process of completing this summer was i Buffalo, though the difference in begun in Buffalo and deals with a i education is -perhaps harder to topic which on its surface does i judge. Buffalo's reputation is not not appear to be strictly within i firmly established in this part of the mainstream of orthodox legal! the world,but with the arrival of research. But, of course, the law recent graduates Bert Slonim, who touches all, even the instructional 1 is to take on teaching duties this materials used in K-8. The book ; fall, and Vince Cox, who is to examines the impact of copyright : begin work in Sacramento, and patent laws, and a variety of Gojdstein is confident that the social, political and psychological I reputation of SUNY at Buffalo factors on the educational Law School will grow. process. California has a charm to it Stanford is one of the most : that is hard to resist. Already it renowned law schools in the West. has claimed Paul Goldstein, and, As in Buffalo there is some i in fact, his brother, sister, parents. emphasis on clinical programs anc' and unnamed hordes worldwide. it is interesting to note thatvideo < The siren's call continues to tape techniques are often used in beckon. Resist, if you can or the clinical program. Stanford is want to. But remember, California substantially more expensive than is not Buffalo. ' - : - — American Bar Association highlights ABA delegates study reverse discrimination A section of the American Bar Association has been directed to study and report on law school admission policies that may entail reverse discrimination by favoring members of minority groups. The ABA's policy-making House of Delegates asked the Section of Legal Education and Admissions to the Bar to investigate the situation and report back to the House when it convenes in Seattle during the midyear meeting in February. The reverse discrimination issue was raised before the U.S. Supreme Court in 1974 by Marco DeFunis, Jr., who had been admission to the University of Washington Law School because of the school's "affirmative action" program. The high court refused to decide on constitutionality of the program because DeFunis obtained relief in a lower court and gained admission to the school. The 360-member House acted on a number of other recommendations during the ABA annual meeting in Atlanta Aug. 5-12. The delegates turned back a resolution calling for legislation allowing courts and administrative agencies to award attorney fees denied - Housing violations - cont'd. form page 5 the problem of making it difficult to obtain judgments against absentee landlords. In City Court, the Housing Part rotates judges every six months; this does not give judges a feel for particular cases or an understanding of . working with local neighborhood corporations, such as the two-year-old University Heights Community Service Center. This direct approach makes sense because tenants are more likely to be aware of neighborhood housing problems and become actively involved in solving them if there is a visible organization in the area which they can turn to. A neighborhood corporation has a better understanding of the local problems and is better motivated Harden mentioned another possible alternative to the present scheme: enacting legislation that would require the landlord to obtain a permit before he or she could rent. Passing inspection would be the prerequisite for a permit. Committee on Association Communications for courts to use in implementing judicial restrictive (gag) orders, so as to New York State Bar plans "Action Unit" Eight lawyers from varioOs accommodate free press while The resolution on lawyer fees guaranteeing a fair trial. The parts of the state have been sought to overturn the impact of central feature would ask the named as members of a special the Alyeska case, in which the judge to hold a public hearinp. "Action Unit" of the New York Supreme Court ruled that courts including the media, befort State Bar Association to explore lack power to award attorneys issuing an order to withold vays to improve the delivery of legal services to the public. fees to lawyers who take public information from the public. interest cases, unless specified by Edwin F. Russell of Brooklyn, legislation. Approved a Criminal Justice NYSBA President, said today that Section proposal seeking increased Anthony R. Palermo of Rochester The House, speaking for the employment of women "at all will be Chairman of the Action levels and in all segments of the Unit. 210,000-member ABA, also; Approved a procedure criminal justice system" and Other members of the group proposed by the Standing revision of "policies which tend to appointed by Russell are David S. exclude women artificially from Williams of Albany, Raymond W. certain jobs traditionally held by Hackbarth of Syracuse, Wallace J. - ■.'."■, housing problems generally, according to Price, fudges, he believes, give too many v nnecessary adjournments on to eliminate them than the housing matters. The inspection slow-moving Department of and court systems favor the Inspection, according to the landlords by allowing them to councilman. stall. Combine this fact with the short term nature of the average occupancy and the trend to inspect only on complaint, it is easy to see how landlords escape conviction,he said. Price believes tenants' problems can best be solved by and other costs to persons^vho seek to defend public interests in court, but cannot afford legal counsel. Blacklisting is a tactic to which Price is not opposed, and he faulted the university for not distributing available information and aiding students in fighting the housing problem. Copies of both Service Center reports, 1976 Rented Housing Study: University Heights District and Housing Survey Analysis: Major Absentee Landlords are available in the Opinion offices, City Hall, or at the University Heights Service Center, 3096 Main Street. The •latter study indicates existing violations in each unit surveyed, plus the1 rent, number of bedrooms, and number of tenants per unit. The Buffalo Tenant Landlord Handbook published by the Buffalo Temporary Commission on Housing in March, 1976, is also available in City Hall and provides all city tenants with a readable layperson's guide to landlord-tenant rights and duties. men." - Approved a recommendation the Commission on Correctional Facilities and Services calling for an overhaul of the parole procedure, including providing adequate notice of the parole hearing or interviewand an opportunity to review in advance, with assistance of counsel, the information to be considered by the parole authority. Approved a Commission of Correctional Facilities and Services proposal urging reforms of "gate money" practices to provide released prisoners with adequate means in cash or services to secure necessary food, lodging and clothing for a minimum of one monthafter release and access to loans to secure tools, uniforms and other materials necessary for by - jobs. Another Commission recommendation urges states to provide prisoners with basic educational skills, especially reading. Stakel of Batavia, Bernard J. Reilly of Babylon, and Alexander D. Forger, Lola S. Lea, and Douglas S. Eakeley, all of New York City. Russell said that the Action Unit will seek better ways to deliver legal services at lower cost to middleincome persons. The Unit will study the possibility of expanding lawyer referral services in New York ■State. Currently, fewer than half of the local bar associations in the state's 62 counties maintain such services. The Action group will also consider the need for a bar association-sponsored program to inform the public as to the kinds of situations that require a lawyer's services, and the best way to find the right lawyer. Russell said, "The State Bar Association,, through the efforts of this new Action Unit, will fulfill its responsibility to improve legal services and let people know where these services can be found." �OPINION Something for Everyone . 7 Law School Organizations Gear Up Law student organizations and related activities provide access to special interest areas of law or legal education, allow law students to pursueand develop interests in extra-curricular legal affairs and encourage students to utilize classroom skills in practical and realistic projects. Various law school groups are actively planning for the 1976-77 school year. - Student Bar Association In addition to annual parties and a picnic scheduled for early fall, the SBA has coordinated a program with the Erie County Bar Association enabling third year law students to participate in activities of various bar committees. Committees function in the areas of corporations, banking, commercial taxation and other areas of law. Information on this and future Student Bar Association activities is available in the SBA office, Room 113 v - Day would include representatives from several area law schools who would give prospective law students insight into the realities of law schools and the differing of various law schoofs. The program would be geared primarily for minority students, but will be beneficial and informative to all prospective law aspects students*; - Puerto Rican Law Studets Association As part of their legal activities, Puerto Rican law students are providing services for Hispanic inmates at Attica. The students assist the inmates in preparing cases and providing library materials. The Puerto Rican Law Students Associaton also plans to become involved in cultural programming with the Hispanic inmates; they will supplement the bilingual education program already in operation at Attica by assisting in educating the inmates with regard to Puerto Rican culture and The Moot Court Board in located in Roon. ..as applied for financial aid and meets requirements as to need and grades. Socially, the Law Spouses Association has monthly business meetings and monthly parties at thehome of one of the members. Interested students can get further information on Law Spouses Association activities from Gail Faber, 681-3073, Joan Fitzgerald, 826-9379 or in Room 646 O'Brian. - New York Public Interest Group The newly organized law school chapter of NYPIRG will deal with legal issues and research on public interest topics.. The chapter has prepared possible projects including research on nuclear energy cases, drafting legislation on disclosure of corporate information, investigating possible reforms in the Workman's Compensation Law, writing profiles of Erie County legislators and several projects on banking operations. NYPIRG also plans to assist in voter registration for November's presidential election. The NYPIRG office is located in Room 509. - Law Spouses Association Members participate in both fund raising jnd social activities. The Law Spouses Association sponsored a used book store early in the semester and is planning to hold a plant history. sale, liquor raffle and box lunch sale during Members are also planning to do the course of the year. Proceeds from the recruitment work' to interest Hispanic sales will fund several $100 scholarships undergraduates in the law school. In available to any married law student who addition, some students are involved in the school desegregation suit recently brought in Buffalo. - Buffalo Legislation Project BLP members will receive academic credit for completed projects. Threecredit hours will be awarded for three semesters of work. Projects for this semester are presently being organized into final form. Second year students accepted to the project have begun orientation to the BLP this week. Details of BLP's activities will be presented in future issues of the Opinion. Other organizations include: National Lawyer's Guild, Association of Women Law Students, Jewish Lav Students Association, Law Students Civil Rights Research Council and the International Law Society. Placement Committee Placement Committee members have organized groups to cover placement interests in judicial clerkships, career days, alumni contacts, accumulation of placement lists, interviewing procedures and other career aids. The Committee operates in conjunction with thePlacement Office and is instrumental in contributing student Moot Court Board Members of the Moot input to placement efforts. Co v rt Board have planned several competitions for the upcoming year. In Buffalo Law Review The Buffalo Law early fall, the Board will sponsor the Review is planning several innovations for annual Desmond Competition for first its 1976-77 publications. Four issues of the and second year law students. Competitors journal will be printed during the year with will be required to write brief a on a a special fifth issue representing work done problem devised by the Moot Court Board, by Sea Grant researchers. The first issue is who were advised by a panel of faculty scheduled for the middle of November. members, and participate in several rounds Another new aspect of the law review will of oral argument. Moot Court Board be group writing projects coordinated by members will be available to advise and associate editors of the journal. Proposed assist students interested in competing. topics for the projects include a survey of More information on the Desmond state consumer protection laws, analysis of Competition will be available in several S10(b)(5) of the Securities & Exchange weeks. Board members compete on an Extra activities sometimes include lunch. Commission and research in the area of inter-schpol competitive level at various dissemination of health data by New York law schools throughout the country. State agencies. First year students will have Presently, members are prepaing for the an opportunity to apply for membership National Moot Court Competition to be on the Buffalo Law Review in March, held this fall. Next spring, the Moot Court 1977. Board will be host to the Albert Mugel Tax Competition, which will involve moot Black American Law Students Association court teams from numerous national law The Alumni Association has installed New Officers are Robert P. Hne, BALSA members have actively schools. Other competitions in which the new directors and officers at a luncheon president; Hon. William J. Regan, vice participated in developing and Moot Court Board plans to compete al the Sutler Hilton Hotel in meeting held president (president elect); Everett M. are implementing the revamped discretionary the jessup Competition, dealing with Buffalo, Elected to the three-year terms Barlow, treasurer; and Robert Schaus, student admission program. Members are International Law and involving national June 18 were Anthony J. Colucci, Hon. secretary. planning to bring speakers to the Law schools; Niagara Competition, emphasizing -Leslie G. Foschio, David C. Horan, Charles ** * School and to sponsor a Law Day for American/Canadian International Law; E. Milch, Hon. Peter Notaro, David A. Alumni Association*President Robert P. undergraduate students from area colleges Patent Competition; Securities Sands and John H. Slenger. The Board Fine called a special meeting of the Board interested in law school. The proposed Law Competition and Labor Law Competition. contains 21 members. of Directors, August 19, at the Statler Hilton at which plans were approved for a cocktail party to welcome new Law School Dean Thomas E. Headrick to the Western New York area and to introduce him to the local Bench and Bar. Final details for the reception, which will to be held sometime aspects admission previous policy. four course load of in rather than the normal in October, will be announced when by Louise Tarantino "Previously," Pearce said, arrangements are completed. the first semester of law. school. These students admitted but "discretionary first were part regular students all be of a for reduced will providing course A program ** * help. They usually The Board also approved Fine's load and tutorial assistance for special year section for their three courses, Civil were given no additional classand became fell to the bottom of the attending an Alumni meeting in admissions students in the first semester of Procedure, Contracts and Torts. In addition to the prescribed classroom the 'D' buffer. Because of these students Washington, D.C., September 17. law school has been devised by the worked perfectly." Placement Director Jay C. Carlisle, 111, Academic Policy and Program Committee. hours, however, discretionary admission lln-1..11 shaped curve This admission practice resulted in a organized the meeting for the purpose of Members of the Black American Law students will attend an additional hour of discretionary students "revolving for tutorial door" extra stimulating placement opportunities in the Students Association and the Puerto Rican class in each subject begin law school studies capital city area. Fine will attend to assist Law Students Association contributed to assistance. Because of the increased were allowed to faced with repeated low in this respect and to help set up a satellite an but were soon classroom students earn hours, will discretionary the development of the additional credit per course, putting them grades, failuresand dismissal, Pearce added. chapter of the Alumni in the Washington, student admission program. other "Just by having this admission policy, D.C. area. BALSA president, Mark Pearce, on par in credits per semester wfth the administration was making a semblance explained that the new program is not first year students. In this way, ** * * Can of a commitment to minority and Student Bar Association President Barry exclusively open to minority students, and discretionary admission students second semester discretionary students," McCulley said. R. Fertel has been attending monthly proceed regular with a students are determined that discretionary "But then students got here and they find meetings of the Board of Directors, an only by numerical indexes, primarily LSAT course and creditload without penalty. The tutorial hour will concentrate on no real commitment," sheadded. arrangement intended to keep both the scores and cumulative grade point averages. McCulley indicated that many first year students and the Alumni in touch with Special circumstances such as age, unusual developing adequate writing skills. year's class were each other's activities. teaching and the students of last in tutoring Professors from school are majors and long absences Laufer for Torts, Hollinger for disappointed with their academic program program are explanation for as taken into consideration * � contributed Contracts and Homburger for Civil and experienced inadequacies in the.regular The Alumni Association the low scores. year first curriculum. towards the $500 cost of the reception Pearce did say, however, that the largest Procedure. "Many students, especially minorities," held following the graduation ceremony of BALSA members Pearce and Nancy proportion of students in this admission she said, "get the wrong picture of SUNY the class of 1976. The Alumni Association McCulley," year both second students, be minorities. category would probably at Buffalo Law School "when they apply. has 'regularly given financial assistance to Students admitted to the discretionary stressed that the new admission program cont'd, from page 8 unsatisfactory help defray the expenses of the reception. admission program will take three courses was designed to correct — - Alumni make plans — Discretionary student admissions: looking at special circumstances * - ** - �SUS from p. 1 Headrick from p. 1 school," it must have a first-rate ' September 9,1976 OPINION 8 foundations for their contributions to society and I think a law school has to have that as part of the basis on which it plans its curriculum," he said. A. second area that needs development is student involvement with the law school. Students ocme to class and study in the libraries but there is little space for casual conversation and discussion, he noted. Headrick described facilities at Yale and Stanford, which allowed mixing among faculty and students and suggested exploring ways to open up physical spaces to meet that need. Headrick had warm words for the SUNY at Buffalo law faculty, which he described.as one of the school's great strengths. He cited "the broad ranging interests of the faculty which finds expressionin new and valuable courses," while providing a good basic curriculum in the traditional areas of study and retaining their committment to scholarly work. The library is a third area of concern for the dean. It has "clearly not kept pace with our needs and although people outside the law school are tiredof hearing that, it is a fact." If Buffalo is to develop into a "first-rate law library. The law school is somewhat isolated and closed off from alternative sources of legal, materials, he noted, and although the library has improved in recent years, I k,niii< k still feels it falls short of what it should be. Headrick plans to address the student body at some later date, noting thathe needs more time to discover what he can and cannot change. Students should understand that although a dean can serve as "a catalyst, a persuader, a spokesman and sometimes a prod of one kind or another, he is certainly not in a position to command that this or that can happen," he said. Students who have problems that cannot be solved within the existing structure are welcome to contact him, Headrick pointed Lorenzetti that students will get at least $ 1450 eachper year. Financial aid officials locally and in Albany have said they were surprised by the restoration of funds for law students with no similar action for medical or dental students. "Apparently it was because of effective work by the law students that the legislature put it through," said Martin Lefkowitz, coordinator of financial aid services at SUNY Central in Albany. An ad hoc student committee, with the support of the Student Bar Association sent 40 students to Albany by bus in mid-April to urge legislators to vote for restoration of the SUS programj after it was cut from the budget in response to the state's fiscal crisis. Arguing that loss of the scholarships would effectively deny a legal education to lower out. and middle-class students, the also organized a (Editors' note: This is the first of committee letter-writing campaign and a a two-part interview with Dean demonstrat ion in downtown Thomas E. Headrick. The second Buffalo to garner support for the part will appear in the September law students within the "legal 23 issue of Opinion. Students are community. invited to submit questions or The special treatment for law areas of interest they would like students "was not on the the interviewer to discuss with the recommendation of. SUNY dean by Sept. 13 to the Opinion Central that I know of," office.) Lefkowitz said. "SUNY did go to the Division of the Budget to get a lot of these things done, including getting the law students taken care of, but we didn't specifically ask for law students ... We thought we made a good case for medicaland dental students, too," he said. A fee-waiver program is currently being worked out to help medical and dental students meet their tuition expanses, he said. The initial problem with the new SUSTA, according to Stillwell, is determining who meets the basic criteria. Under both SUS and SUSTA law students eligible for the full Tuition Assistance Program (TAP) award of $600 make up the pool of eligibles for additional aid. But a hofd-up in processing of TAP applications in Albany may delay disbursement of SUSTA funds until late in the semester, Stillwell said* Any further limitations on who will get the money or how much aid each student will get is an entirely local decision, he added. Guidelines for that decision will be drawn by the SUNYAB financialaid committee. Saying that he does not anticipate serious problems for students whose awards are delayed, Still well pointed out that SUNYAB students have always been allowed until the end of the semester to pay their tuition bills, andihat policy will continue fall semester. Among the possible alternatives for distributing the funds, Still well said, are allocation of the awards on a full tuition basts to everyone who qualifies for full TAP for the first semester "and then seeing how far it will carry us," allocation on a percentage basis, or use of information in the financial aid office's files, to choose the .needieststudents. * Stillwell said he would notify Opinion of new developments as they occur. Faculty disorients freshmen Library from p. 1 remaining cancelled," Jepson said. positions became vacant in the "Acquisitions will be sad for a library. Documents Librarian Both back volumes and present while," she added. Barbara Goldberg resigned. Wendy issues are being ordered, said As for staffing, four positions Roberts' intern line expired with Mabel Jepson, technical services here have been vacant in the her graduation from library school librarian and a spokesperson for library for more than a year and David Johnson, a shelver, the library. because 4of the hiring freeze and received a promotional transfer. A listing of all publications an additional partial line position However, those vacancies were which were discontinued was In reference became vacanl this filled in part by the transfer of being circulated among librarians summer during a personnel Karen Smith from documents in in mid-August for comment on shuffle. In addition, the library's Lock wood Library to the which publications could be number two spot of public documents department here, and reinstated under the library services librarian continues to be by the splitting of librarian budget for this year. A library vacant this fall, although the William Borodacz's time between committee of the faculty and the school now has been given Lockwood, where he is curator of Dean also were to review the list permission lo recruit for that the Polish Collection, and the Law Library, where he became a before a final decision was made. post. Among those items unlikely lo Wengcr had filled many duties cataloged The library also has be reordered are "a lot of the of the public services librarian been given permission to recruit foreign materials, and periodicals before he left since that post had through civil service for a shelver, and journals," Jepson said. never been filled. Jepson said a jepson said. Looseleaf services and periodicals search committee of three Changes in library staff purchased by the library and kept librarians and Janet Lindgren of positions cause a certain amount in individual professors' offices the Law Faculty has been asked of work slowdown during for their use also will be for letters of reference from about training, Jepson said. Vacancies in scrutinized. 25 candidates for the public the staff also slow down such projects as revising the Kardex, and reclassifying and cataloging the collection. "We just cannot do Mat thew Bender, West and Lawyers Cooperative publications. ' ' *' The library made major cancellations in June, November and December of the last school year when supplementary funds that the librarian had hoped for failed to come through because of the state government's poor financial picture. The Law Library,has been able to reorder materials now because the new budget for this school year came through in May. The acquisitions budget is't 120,101. That ts up $16,000 from last year, mainly for inflation. "We hope to be able to better live within the budget with some things First yearstudents got acquainted with faculty heavies Sunday at a touch football game held on the Amherst campus- Prof. Ron Allen said the score was 22-0 for the faculty, whose team included Dean Thomas Headrick, and Professors Dannye Holley, Richard Bell, Martin Lybecker, Robert Teis and Allen. I all the work we want to do" while short staffed, she said. "If it weren't for the fact that Special admissions from p. 7 we have good student help, it would be much more drastic. They are told about special go beyond those students with Particularly in technical services, programs that used to exist or high LSAT scores who can get it makes a worldof difference. We about tutoring possibilities that into larger, more prestigious law really couldn't operate effectively never materialize." schools. without them." Perhaps the major complaint "These students won't come to" against the previous admission ÜB," he said. "The administration The Law Library has a staff policy, was this lack of tutorial should lower its sights to people now of eight professional assistance. Both Pearce and who will actually come to ÜB, not librarians, fourteen civil service McCully noted that SUNY at only accepting people who would positions, plus students on services librarian post. Estimated work Buffalo Law School did actually get in anyway." time for an appointment is temporary service funds and recruit minorities and other McCulley remarked that UB "hopefully the middleof October, study. discretionary students, but once should also make more of an changes staffing Besides and in but that's hopeful," Jepson said. acquisitions, there have been admitted, thesestudents found no effort to recruit local The public services librarian is to other changes over the summer in dynamic program to help keep undergraduate minorities, "people be in charge of reference, the library. them in school. who are from Buffalo, and will "By admitting these students, stay and practice law in Buffalo." circulation, reserve and inter-library loan, and is to do The card catalogs and the administration seemed to As of late June, 34 reference duty. The position calls reference desk on the main floor think they were providing the big discretionary students were for a person with degrees in both were relocated over the summer chance to become an attorney," accepted into the innovated law and library science, or a to give workers at the-circulation Pearce' commented. "Well, program and 23 of these indicated degree and experience in one field "desk a clear view of the reference admission isn't enough, especially they would start classes. and a willingness to pursue a area so they can see if it is staffed. for minority students." Jose Sosa of the Puerto Rican Pearce also said that since Law Students \Association also degree in the second. And large signs were placed on the Things appeared worse in main floor to help visitors find SUNY at Buffalo is the only. assisted in the development of the personnel in late July and early change, the copy machine and state-run law school, recruiting program. He could not be reached August when three additional circulation. y ■ and accepting minorities should for comment, t ., � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-09-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 17 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/9/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/dbc9164a3d3bc17b4f1a8b0252408bae.pdf e07ceb85dea5c2e958cf1bc52cf7ef9c PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo. New York 14260 VOLUME 16, NUMBER 8 Opinion State University of New York at Buffalo School of Law Blum Discusses Legal Status of by Abbott Gorin On March 31, Prof. Yehuda Blum of the Hebrew University at Jerusalem, School of Law presented a lecture to the International Law Society on the legal status of Jerusalem. Prof. Blum began by explaining that too many people hold the misconception that the area known as the West Bank of the Jordan properly belongs to Jordan. East Jerusalem, the ancient pari of the city with religious holy places for Jews, Moslems; and Christians, lies within the boundaries of the West Bank. On the issue of the legal status of Jerusalem there are two major points to consider: 1) East Jerusalem should be distinguished from the West Bank, and 2) the Government of Jordan never established sovereignty over the West Bank. Prof. Blum began his analysis by explaining the historic events which shaped the boundaries of present-day Israel and Jordan. After World War I the British and French were left to administer various countries once part of the Turkish Empire, Turkey having been defeated by the Allies. The British administered Palestine and Trans-Jordan. Under the partition agreement of 1947, this area was to be divided into three regions, one Jewish,one Arab and an internationalized Jerusalem. When the state of Israel was established on May 14, 1948 the surrounding Arab states Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 invaded Israel intent on preventing the partition agreement from going into effect. The Arab invasion was condemned in the Security Council by the United States and by Andre Gromyko, the Soviet Union's Foreign Minister. Britain abstained from the voting, nol wishing lo offend her Arab allies. •The armistice agreement of 1949 between Israel and Jordan was neither a diplomatic nor a legal resolution of the status of West Jerusalem or the Wcsl Bank. (The Wcsl Bank'ls properly referred to in geographic terms. Theregions are known as Judea and Samaria. It is Prof. Blum's feeling lhal repeating the phrase Wcsl Bank implies that the territories in question arc part of Jordan.) The armistice agreement was merely an agreement lo cease fighting and was based entirely upon military considerations. At bcsl then, Jordan was a belligerent occupant of Judca and Samaria, and by ihc partition agreement she could nol extend her sovereignty lo these areas. Indeed the reaction by tho international community to Jordan's declaralion lhat she was going lo annex the Wcsl Bank in 1950 was one of general disapproval. Only Pakistan and Britain recognized the annexation, bul Britain would not recognize the annexation of Jerusalem. The Arab states did not recognize the annexation, and Jordan was suspended from the Arab League. A face saving APRIL 22, 1976 Jerusalem Judea and Samaria, she has better relative title than Jordan. In 1967, Jordan initiated the fighting on this front. Present Israeli possession of these areas is the result of defensive military maneuvers and not military conquest as by the Jordanians in 1948. In addition, Israel is not bound by the boundarit. jf the partition agreement since upon independence in 1948, then Prime Minister David Ben-Gurion made clear that due to the Arab military i nvasion, future borders would be determined by military action. In light of the fact that neither the United Nations Security Council nor the General Assembly are judicial bodies, the legal issues concerning Jerusalem have never been decided. Among the considerations which should bear on any discussions are the Geneva Convention safeguards with respect to fundamental human rights of the indigenouspopulation and the rights of the presiding sovereign state. Article 49 of the Geneva Convention prevents the settlement of the occupying power's nationals in the occupied lands, and this too must be taken into account. The major practical consideration is that Israel is presently the only sovereign nation agreement was finally worked out whereby who can administer Jerusalem without Jordan was to hold the land in trust until crossing nationalboundaries. ihe re-unification of Palestine. Another point that Prof. Blum Il is Prof. Blum's contention that touched upon was the question of seating title to while Israel does not have absolute the Palestine Liberation Organization in various international bodies. Technically the P.L.O. is a non-state entity. The issue of Palestinian self-determination is not a long standing dispute, but was introduced into the Arab-Israeli conflict by the Arab states between 1967-70 for tactical reasons. Prof. Blum contends that the real problem is not self-determination since there are Palestinians in Judea and Samaria, but where to draw the boundary lines for a Palestinian state. Law Review Elects Board The Buffalo Law Review recently elected its Editorial Board for 1976-1977 from this year's groupof Associate Editors. The new editors are: Sanford N. Berland, Editor-in-Chief; Tina Dolgopol, Publications Editor; Robert J. Jenkins, Managing Editor; Ronald C. Berger, Business Editor; William B. Barker and Karen A. Gorbach, Technical Editors; Patrick Deveney, David Sheridan and Andrew C. Spacone, Articles Editors; Charles W. Stotter, Research Editor; Chris Carty, Richard A. Cohen, Rebecca P. Dick, Dennis R. McCoy, Irvin A. Mermelstein and Martin L. Perschetz, Case and Comment Editors. Next year, the Board plans to publish four issues of the Review, rather than the current three, in order to increase the number of professional articles printed. In addition, the Review will initiate several annual surveys of developments in selected legal areas, combining student research and writing with articles prepared by legal scholars and practicing attorneys. These innovations are considered to be wholly consistent with the Review's function of encouraging scholarly research among students while providing a forum for the publication of professional articles of significant interest to the legal community.. Notable among the articles published by the Review during the past year are Retribution in a Modern Penal Law: The Principle of Aggravated Harm, by Professor Ronald J. Allen of the Law School Judicial Clerkship Applications Due All second year students interested in permanent Faculty; Customary Use as a "Fair Use''in Copyright Law, by Harry N. Rosenfeld; Price Discrimination And Labelling, by Professor Daniel J. Gifford of the Law Faculty; Private Suits in the Public Interest, by Mitchell Lecturer Mauro Cappelletti; The 1975 New York Judicial Conference Package: Class Actions and Comparative Negligence, by Professor Adolf Homburger; and student comments on such topics as legal ethics, New York State Unfair Competition Law, expatriation, medical data privacy, obscenity and self-executing treaties. Annually, the Review invites ten percent of the first-year class to become Associate Editors. The responsibilities of Associate Editors include such traditional tasks as the form and substance checking of articles scheduled for publication, the Judicial Clerkships to commence in the Fall of 1977 and in clerical wor_ of the Review, and clerkships for credit should submit the participation in a group research and required materials as soon as possible to writing project, successful completion of the placement Office. which is a prerequisite for advancement to A recent resolution passed by the Senior Editor status. Next year the Review Schools has expects to have a staff of approximately 28 Association of American Law to refrain from Associate and 31 Senior Editors. To date, asked all law schools applications and 184 members of the first-year class have forwarding clerkship signed up for this spring's competition. supporting references for permanent 1976. We will Participants are required to submit a brief positions until after June 15, and casenote, prepared within a ten-day period, adhere to the AALS statement ((1) packet your the therefore must have analyzing a recent case selected by Editorial Board. New associates will be resume, (2) transcript, (3) sample legal accepted on the basis of the quality of writing, (4) list of judges you prefer clerking for and (5) list of faculty members their casenote and on their grades. This year's Editorial Board hopes to who will write letters of reference no later stimulate greater faculty and student than May 15. Otherwise we will be unable involvement with the Review and invites to process applications. Clerkship for credit applications must commtnts and suggestions from all be submitted no later than April 21, 1976. membe.s of the law school community. �April 22, 1976 OPINION 2 ours yours OPINIONS Hello... We Must Be Going This, the last issue of the semester, is the traditional transition paper. Producedand directed by the regular staff, those slated for next year have assisted. They spent their hours watching, asking, doing, as we went about our business. Their views, impressions and ideas will burst forth next semester, as Opinion will return. Our often-thankless task in the "press-room" became worthwhile when a large group of students arrived at the Last Chance meeting. Having long since stopped asking where everyone was during the semester, it is good to know that next year, Opinion will return. We feel that we have done a worthwhile job. Not all of our work is seen on the printed page. The paper has lobbied with the Administration on many issues of student rights. In conjunction with a new, student orientedSBA, the student body will be better served in the future when Opinion will return. A final essay, like an awards acceptance speech, must thank many people. this paper Collectively, we thank you. Our thanks to everyone who has possible letter writers, contributors, and of course, our illustrious core of columnists. Cheryl Speed Linda Scott Press, Enke, Pestell, especially Special thanks go to University and Michael Jackson, for their time, energy and patience during those long, tiring deadline evenings. We are leaving them now, but their work will continue because, if nothing else, Opinion will return. - Good luck! Humorless Graffiti To the Editor: . I would like to comment on the small, but increasing volume of graffitti that appears in the law library. Though these scrawlings evoke the exotic atmosphere of a bus station restroom, and perhaps bring back many fond memories of junior high school for some, I find them disturbing for a number of reasons. a.) Space on the wallsis limited. Once all the walls are filled, latter-day Donnes and Marvells will be forced to record theirsentiments on ceilings (the danger of serious injury abounds), floors,books, cars in the parking lot, and possibly each other. b.) It would be comforting to think that the undergraduates who bustle about the library with their high school physics books, pocket calculators and copies of "Values Clarification" are doing all the damages; but in my heart of hearts, I fear that, incredible though it may seem, most authors possess the intelligence to place a clear thumbprint on an LSAT exam. c.) If the general tone of theseartistic impulses were so overwhelmingly funny that even the most humorless and hardhearted of beings could but shake his head in wry bemusement, they might be permissible. Careful examination, however, reveals this not to be the case. I 1 fact, I submit that even such commentators on the American scene as Pinky Lee and Soupy Sales might find a certain element of sophistication absent. Perhaps the writers could find more private means of self-expression. John Maxwell ATTENTION LAW STUDENTS! VOL.UME 16, NO. 8 Opinion " APRIL 22, 1976 Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: Lawrence M. Meckler, Myles'Elber, Abbott Gorin, Steve Errante Contributors: Barry Fertell, Chris Carty, ConnieFarley All photos in this issue were done by R. Skinner. Copyright© 1976 Opinion, SBA. Any republication of material contained written consent of the Editor-in-Chief herein is strictly prohibited without theexpress during the academic OPINION is published every three weeks, except for vacations, at Buffalo year. It is the student newspaper of the State University of New York Amherst Campus, Buffalo, New School of Law, John Lord O'Brian Hall, SUNYAB not necessarily those of ttie York 14260. The views expressed in this paper are organization. Third Editorial Board or Staff of OPINION. OPINION is a non-profit Class Postage entered at Buffalo, New York. Board. icy of OPINION is determined collectively by the Editorial Fees. Law by from Student is funded SBA OPINION Trial Technique NEEDED Jurors SAT. MAY I 9 AM Erie County Hall free parking City Court Ramp volunteers please contact Jean Consiglio 636-2060 �April 22, 1976 3 OPINION Prominent Jurist Bazelon to Speak at O'Brian's Gorin Comments on Blum '76 Commencement guo est pinion Perhaps it is only fitting that the last issue of Opinion for this term includes a comment about the Arab-Israeli conflict. Many of you may remember my report on Prof. David L. Bazelon, Chief Judge of the U.S. Court of Appeals for the Noam Chomsky's lecture here last December, and my own feelings on reconciling Jewish District of Columbiz, has accepted an invitation to deliver the statehood and Palestinian self-determination. I wish to comment along the same lines on thelecture given by Prof. Yehude Blum commencement address at next month's State University at Buffalo Law of the Hebrew University at Jerusalem, concerning the legal status of the city of School graduation exercises. Jerusalem. As many of those present heard from Prof. Leary's introduction, Prof. Blum is More than 200 U/B law students are expected to receive diplomas an accomplished legal scholar. His legal arguments were quite compelling, but as is so during the ceremonies scheduled to begin at 2:00 p.m., May 30, at Kleinhans often the case with lawyers, his vision was limited to the four corners of the various Music Hall, Buffalo. international documents in question. The most significant among these were the Geneva Judge Bazelon has written a number of landmark decisions since he was Convention, the Palestine Partition Agreement, and the various armistice agreements appointed to the federal appellate post in 1949. He is particularly known for signed between Israel and the Arab states. Stating that Jordan was an adverse occupier of writing the so-called Durham Rule in 1954, which broadened the definition the territoriesof Judea and Samaria, and that Israel has a greaterclaim to the territories \ based on an argument of self-defense, overlooks the question of Palestinian of criminal insanity. Dr. Richard D. Schwartz, dean of the U/B La* School, describes him as self-determination. If left to their own desiresit is more than likely that most Palestinians tenth the most important judge in would not only vote against Israeli rule but Jordanian as well. Consequently, the legal the United States, ranking in stature only claims of both states become irrelevant. This then was the glaring blind spot in Blum's behind the nine U.S. Supreme Court justices. analysis; if you do not have an established state entity to represent you, then you do not Judge Bazelon has been a long-time advocate of the informed use of the have the standing to make claims to territory. testimony of psychiatrists and social scientists in the courtroom. PLO as Bargaining Agent There are many problems with regarding the P.L.O. as the legitimate bargaining agent for the Palestinian people. I freely admit that the butchering of civilians by P.L.O. terrorists is an act that demands military retaliation against suspected terrorist bases.*But when phantoms claim Isrraeli vengenance it is at best a stopgap measure, and not the ultimate solution. Prof. Blum seemed to justify refusal to recognize the P.L.O. as a stale entity because it does not have the formal trappings of statehood. However, several well known Israelis, including Mattiyahu Peled of the 1967 lightning war general staff and Amos Oz, prize winning poet, have called for the recognition of the P.L.O. provided they refrain from terrorist activity. In short, how the issues of nationhood or territorial possession are decided by the formal international legal apparatus would seem to ignore the problem at hand. The second point I wish to make is that while Prof. Blum asked us to separate in our minds the issue of sovereignty over East Jerusalem as opposed to Judea and Samaria, he himself never seemed to do so. To protect access to holy places in the Old City is a legitimate Israeli concern. While I personally would favor the eventual internationalization of the Old City, the most politically sound move at the moment would be to place the City into Israeli trusteeship until the Arab stales recognize Israel's right to exist. Certainly Israeli administration of the Old City has been more than just Jordanian. All religious groups have obtained access to their respective holy places. There has not been the desecration of any holy places as there was when the Jordanian Army destroyed the ancient Hebrew cemetery on Mount Scopus, with the added indignity of having the Jordanian Tourist Ministry build the International Hotel on the site. The question of right of access to holy places is a separate question that turns uponwhether Palestinian and Israelis will recognize each other as legitimate national groups. If this is accomplished, the question of how to administer the Old City may become academic. In conclusion, all the paper lawyering in the world cannot provide the answer to the issue, indeed it may only serve to obscureit. — Abbott Gorin *For those who think that Palestinian terrorist attacks are justifiedas necessary acts in bringing down an oppressive regieme, the point was made by V.I. Lenin in "What Is To Be Done?"that terrorism, whereit is notrooted in an indigenous mass movement, fails to confront such regiemes or focus attention on the relationship between labor and production. Employment Newsletter All third year students are urged to fill out questionnaires sent to them by the Placement Office and return the same to Room 309 at the Law School. It is essential that the Placement Office have this information so that we can contact you in the event a job opening occurs. In addition, each such student who has not registered with the Placement Office and submitted a resume and release form should do so immediately. Many job openings will be lost if we do not have your name and the foregoing information on file. Students who already have employment should also return the questionnaire. This is essential for statistical purposes and to keep you informed of alumni events nad to keep you aware of other openings. THE EMPLOYMENT NEWSLETTER CANNOT BE MAILED TO YOU IF YOU DO NOT RETURN THE QUESTIONNAIRE. He is also recognized for his defense of civil libr-'ies and juvenile rights, as well as his preference for rehabilitative measures over the concept of punishment for punishment's sake. fh addition lo his judicial duties, Judge Bazelon is a clinical professor of psychiatry at George Washington University and a lecturer in psychiatry at the Johns Hopkins University School of Medicine. In 1949, al age 40, he became the youngest man to be named to a federal appeals bench. In 1962, he was named chief judge of the U.S. Appeals Court. In years prior to the Miranda decision, he argued in favor of a criminal defendant's righl to legal counsel during police interrogation, regardless of ability to pay. In 1970, he led his court in ruling in favor of an environmentalist group which had brought suit lo pressure the U.S. Department' of Agriculture to ban the pesticide, DDT. The same year, he served on the three-judge panel which upheld the constitutionality of the law granting 18-year-olds the right lo vole in all elections. Free Materials for Citizen Action For any of the following, write to Public Citizen, P.O. Box 19404, Washington, D.C. 20036: * A free sample copy of People & Taxes, the monthly newspaper of Public Citizen's Tax Reform Research Group. A free sample copy of Critical Mass, *movement to stop nuclear power. the newspaper of the citizen's free sample copy of PIRG News, the monthly report on the activities of *theAPublic Interest Research Groups nationwide.. A complete list of reports and publications by Ralph Nader and *consumer advocates. (Enclose stamped, self-addressed envelope.) other * A complete list of publications available from Public Citizen's Health Research Group. (Enclose stamped, self-addressed envelope.) Your Right to Information The Freedom of Information Clearinghouse gives legal and technical assistance to public interest groups, citizens and thepress in the effective use of the Freedom of Information Act. This act gives any person the right to inspect any record in the possession of the Executive Branch of the Federal government, subject to nine specified exemptions. The Clearinghouse has distributed over 15,000 pamphlets on the use of the act. It has also brought more than 40 lawsuits, seeking both disclosure of important documents and clarification of the law. For further information, a copy of the pamphlet, or assistance in obtaining information under the act write to: Freedom of Information Clearinghouse P.O. Box 19367 Washington, D.C. 20036 �4 April 22, 1976 OPINION "The Stuff That DreamsOAMfr.aed" Ave AtqueVale by Ray Bowie Having virtually attained the status of a literary genre, "farewell columns" invariably dwell upon anecdotal remembrances of an inconsequential past preparatory to the invocation of tear-generating sentimentality as to its passing. Acknowledgingproper respect for literary tradition, the author advises the reader to kindly consider the aforesaid remembrances and invocation duly performed, for there is simply no denying that in departing an institution in which one has spent three years of one's life, that institution has become part of that life and conversely part of that life has been incorporated into the history of the Beyond that, however, the theme of this piece refers to the prospective as well as the retrospective, and to do justice to the former requires some deviation from the strict traditions of the "farewell column" genre. The prospect and retrospect focus, of course, on that which has molded this journal's readership into a community: the Faculty of Law and Jurisprudence of the State University of New York at Buffalo, hereinafter "the Law School." The graduating class of 1976, from the perspective of which the author writes, has experienced perhaps the greatest transitions in that institution's history, the tremendous expansion after the move from Eagle Street and the more recent budgetary contractions, uniquely equipping us with a capacity to analyze the Law School's development and future As recently as the early 19705, the Law .cnooi was, aespue recognition vi greater potential in the AALS's accreditation evaluation of 1971, predominantly regional in character, its visions of national stature cramped by the inadequate facilities at Eagle Street. With the availability of O'Brian Hall, however, the vision seemed to flourish: additional faculty lines permitted the hiring of promising young professors; student admissions were doubled; curriculum offerings were expanded; library acquisitions grew; and an ambitious minority program undertaken. Few doubted that, with continued levels of funding, the Law School was destined to achieve the prediction of the AALS evaluation: one of the nation's top ten law schools. Uncertainties, however, shortly began to becloud the vision, and rumblings of sounded both within O'Brian's corridors and downtown. Deficiencies continued to plague basic professional program offerings, while under the impulse of Dean Schwartz, resources were devoted to more innovative linical programs and course offerings of a more socio-legal nature. Certain law indents, attracted to the Law School by its reputation for liberalism, seemed to Cliovc that said reputation sanctioned illiberality toward any and all differing rom the prevalent ideological orthodoxy. And faculty, alumni, and students all began having second-thoughts about uprooting a law school from its natural Constituency downtown, the courts and law offices, and about its subsequent shotgun wedding lo a suburban megaversity. Reductions in expected budgeting, with which the Law School was hit repeatedly alter ihe move into O'Brian, exacerbated the early uncertainties inlo serious tensions, generating debate as to the basic mission and priorities of the institution. A crisis of confidence, for want of a more apt description, soon appeared to afflict faculty, students, and 'administrators; and by 1975, when the budget axe really .it bone, earlier visions of attaining national prominence had I been replaced by contingency planning designed to preserve the School's existing resources against actual shrinkage. As the current year draws to a close, deterioration in State support of its only public law school indeed sin rounds us, the magnitude of the deterioration simply awesome: tuition soaring, scholarships eliminated, library acquisitions near zilch Idis alisfaction �April 22, 1976 OPINION 5 Thus, the last three years appear in retrospect; prospectively, 1976 adumbrates the institution's prospects through the end The State fisc will remain tight in future years, perhaps even more so than presently if New York State continues to suffer competitively in relation to the country and continues to stake its credit to that of New York City. SUNY generally is no longer the budget priority it once was, and given the supply-demand ratio within the legal profession, the Law School will no longer be quite the same priority within Without continued funding al previously expected levels, the faculty-student ratio will proceed to worsen unless enrollments are reduced, library acquisitions may deteriorate to the point where accreditation may be questioned in the future, and a fundamental policy choice may have to be made between protecting the integrity o the professional program and continuin some of the more labor-intensive clinic As to student life, the geographica isolation of the Law School from, the lega profession will couple with increased financial pressures on students to result in a monumental apathy toward extracurricular activities, as more students will simply be forced to devote themselves more to earning financial support during the academic year and fighting the saturated job market, rather than to intramural activitieswhichyield no creditor nonetary reward. Students will regretfully become more grade-conscious and, I ..... As to the faculty, the Law School may find it increasingly difficult, as word its financial hardship spreads, to attract and retain the best teachers available, r the perquisites of teaching at a publicly-supported institution are even now ing minimized as cutbacks gut support services. And as to the administration, the new Dean and his staff will have lo contend th a problem perhaps even more severe than budget reductions, that bcin liversity President Robert Ketter, whose mania for monolithic administraliv ntralization is suffocating a university whose component units need autonom iw more than ever. The Law School's primary loyalty must ever be to th ofession which it serves, yet the Ketter administration will no doubt continu demand unwavering fealty to the University bureaucracy, rcsistin corporation into which will be the major challenge of the new Dean. Although relative administrative autonomy and smaller-scale operations hay proven successful at this University to the extent that they have been pcrmitlc the managerial types who pass for academic administrators here blindly pursue devotion to "economies of scale" that overlooks the realities of education processes and the human environment necessary to distinguish people from chattels. Internally, the Law School is sound, for we are indeed lucky that mo professional program deficiencies were remedied, most faculty lines filled, and highly-competent placement director secured before the budget cutbacks hit wit full force, for which credit must be given Dean Schwartz and the faculty. Such being the case, while some programs will undoubtedly suffer, prospects appear good that the Law School will maintain quality legal education through the coming bleak years. The tragedy, however, is that it will never foresecably attain ihe potential prominence recognized earlier this decade by the AALS. Thus, the experience of the 1976 graduate has ranged from the heights ol exuberance back in 1973 to a strange despondency tinged with sorrow in 1976, for even while the education given us here was a good one, disappointment is the only natural reaction when glittering promises and bright prospects go unfilled. In the end, however, as with any graduating class, we hail the moment of our �by Carl S. Heringer , Wenger Resigns The Brooklyn Side Law Librarian Larry Wenger has resigned to take a position as librarian at the University of Virginia Law School. Wenger, who has been on the library staff for seven years, and law librarian for five years, will leave in August. . A successor has not yet been chosen. Wenger's departure is prompted by "a very good offer" from Virginia, he said, rather than by dissatisfaction with SUNY/Buffalo, which drastically cut the Library's budget this year. Wenger said he has not been particularly discouraged with the 1975-76 budget cuts, which forced cancellation of half the law library's periodical and iooseleaf subscriptions, because he considers them temporary. Most of the cancelled subscriptions will berestored beginning with the new fiscal year this month. Wenger, 34, is a graduate of the University of Washington Law Schooland holds an M.L.S. from Simmons College in Boston. "Members of the faculty, faculty members; students of (O'Brian), and (O'Brian) students. I guess that covers everything Let's have some action around here. Who'll say seventy-six? Who'll say seventeen seventy-six? That's the spirit, seventeen seventy-six." Law Library Reinstates Subscriptions Groucho Marx (1932) (Horsefeathers) 4 April 22, 1976 OPINION 6 I regret never having done a column on the Marx Brothers. As an "often-imitated-never-duplicated" quartet/trio, their talents remain unchallenged throughout two score years. I think I could never really do justice to them in a column's The Law Library has begun to reinstate many of the subscriptions which were restricted space; besides, there are so many places to begin, so many stories to tell. Suffice it to say, if you've never seen the Marx Bros, especially their early Paramount films, you cancelled last year, according to Law Librarian Larry Wenger. The cancellations, which involved more than half of the library subscriptions, includingperiodicals, looseleaf series, owe it to yourself to do so, immediately. citation reports and reference sets, were caused by the unavailability of fundswhichhad been anticipated to cover costs for the last half of this fiscal year. * * * "While it does not appear that next year's budget will increase significantly, funds should be adequate to reinstate many subscriptions, particularly for materials on "The wheels of my old car American law," Wenger said. Unless additional funds are forthcoming, however, most of are turnin', burnin' up the highway the subscriptions for foreign, commonwealth and international law materials will have to remain cancelled, he added. I'm not hanging around The library is planning to reinstate subscriptions as of the cancellation dates insofar I'm gettin' out of town, as possible so that gaps will not be left in the collection. Priority in the reordering process I won't back down. will also be given to looseleaf services and reference materials such as the Index to Legal Last exit to Brooklyn, Periodicals, Shepard's Citations, and the digests. The library's new fiscal year begins April Last chance to turn around. 1 and it is expected thatmany of these materials will be on shelf and updated by the end Gonna keep these wheels of mine of next month. coverin' ground, on the . . . Last exit to Brooklyn, the Last chance to turn around" Last Chance to Turn Around (Millrose, Bruno, Elgin) Gene Pitney, Musicor/UA Records, BMI TPrehsidnt' Corner . by Barry Fertel March 31 meeting, the SBA Board of Directors failed to rescind the $2000 the law school administration which responsibility has the sole for funding the Law Review. I No student organization of an academic nature should become dependent upon This song seems appropriate for my farewell column, although il is not completely SBA forits monies. SBA's budget is not unlimited and it is thereforenot unreasonable for longer the ordeal,and if through least the mid-summer around, at accurate. I am hanging a student organization which awards credit to its participants to receive all its funding goddess of employment (or Jay C. Carlisle) smilesupon Buffalo for me. from tuition funds. I feel confident that the administration would not let the Law A lot of ideas danced in my head for this issue. I considered not mentioning that REview go under, for a viable Law Review is an absolute necessity if the law school this is IT, bu. then, I was good enough never to mention the Bicentennial, so lhat was wishes to become nationally known. enough. I considered cute anecdotes, or outtakes from my earlier columns. There are record reviews I never did (Dory Previn Children of Coincidence and Harpo Marx; Led SUS Restoration Activities Presence); movies I didn't see, and places I didn't go. My column on Bruno Zepplin Tuesday, April On 13, I went to Albany with almost 30 other law students in an Samartino and pro-wrestling never made it, nor did my in-depth analysis of the sociological aspects of meeting deadlines. Patty Hearst, Walt Disney, and the Buffalo effort to convince influential members of the legislature, the governor's office, the SUNY Chancellor's office and the major culprit, the office of the Budget, to restore the SUS for Sabres never made this space, nor did Marvel Comics. How do you say goodbye to a school newspaper that almost died? Whal words can professional and graduate students. What was culled from these meetings was a feeling among the legislators of forever immortalize this column in the annals of O'Brian? (Come to think of it, Law sympathy buV-iro-commitment. We must follow up these meetings with a letter writing School never made this space either!) I'd like to thank everyone of my regular readers for putting up with me students campaign to maintain our momentum for the restoration of the SUS in the supplemental and faculty alike. Thanks to the editor for allowing me to range far afield in my writings budget. Perhaps, the most disheartening meeting was with Paul Volette, the person who (from DJ Cal Brady to DJ Shane) and for his artful editing of my work. Thanks to my 8.W., for being my B.W. Fifteen minutesafter we go to press, I'll thinkof all the greatest recommended the SUS eliminationfrom the Executive Budget. He spoke of a program of another tuition waivers for professional students to be funded from the tuition income account. wittiest things to write and do for today's column. Until then, to borrow yet phrase My mother thanks you, my father thanksyou, my sister thanksyou, (my wife In the past, the tuition income account has yielded a surplus of several million dollars. thanks you,) and I thank you, for your support, and the opportunity to hear my name in This money included tuition receipts and dorm rents paid by students. Instead of "cold cash" being allocated for SUS, tuition waivers will be drawn from the income account. the halls. Ciao. The problem is that the Chancellor wants the cold cash and not a withdrawal from his "slush fund." Therein lies the bureaucratic dispute. and that reminds me "Well, I thought my razor was dull until I heard (t)his speech, Hopefully, we can maintain the momentum we established in Albany. Publicity in of a story so dirty I'm ashamed to think of it myself." Op. Cit. conjunction with follow-up letters to all legislators we contacted, would be extremely helpful in forcing a resolution of this mess, be it the restoration of the SUS, or in the alternative of tuitionwaivers forall affected students. Semantics is of no concern. One short note about the moratorium activities is in order. Many students were in strong disagreement with the moratorium and its goal of having the SUS restored. I think that these students have a very narrow perspective and would be well advised to open their eyes to what is occurring in our society today. As future leaders of our community, it is our duty to take an active role in reversing the current retrogressive trend in our A..: Possibly. A few students asked society. by Allan L. Canfield I questions We must promote positive change in our society and continue this activism brought to get answers and a few students Assistant to the Provost about by the budget cuts. So long as there are bureaucrats in Albany (and Washington) Iresponded to the answers given. A column through who one fell swoop of their mighty red pens can take away from thosewho are provide much more 0.: Why was the Admissions Office ! such as this cannot in greatest need, we must continue our efforts. recently closed for specified periods of than a thumbnail sketch of administrative activities. Still, it does indicate a each week? i willingness and interest to talk with and to ' 1the student body, and to particular ~> A.: To determine the feasibility of limiting \students. But, of course, that interest is office hours in the future, and to assess iconveyed in more ways than through a student needs and reactions. icolumn.' Perhaps in another year, given the invitation of the editors of Opinion and the SBA, both the Administrative Perspectives Has this column served its purpose the SBA-sponsored that of providing a communicative linkage column andFo_im can be.continutftt. **..*�* .*..*_*** .**_*__**_******** .**■*•** .**..** Administrative to the general student body? ..„, q At the ;allocation for Law Review. It is my belief that it is - - - . : - • Administrative Perspectives < , '' CERTIORARI Coming Soon ■ , .. - ,_, • IT'S YOURS, IT'S FREE �April 22, 1976 OPINION 7 NLG Position Paper The Buffalo Student Chapter of the Lawyers' Guild issues this statement in response to the dismal economic conditionswhich riddle SUNY at Buffalo. We suggest that actions the SUNY administration took in the name of economy have rearranged the institutional priorities to the detriment of the working people of New York State. First, we believe that the State University of New York should serve the aims of a public institution supported by taxpayers' money. It must, to the greatest of its ability, assure that no person is denied an education on the basis of wealth. The underlying philosophical basis of the state system is declared to be democratic: "Let each become all that he is capable of being." The current economic cutbacks abandon that promise and instead suggest: "Let each become what he can afford to be." This is hardly an appropriate posture for one of the wealthiest states in the nation. , Tuition hikes have made the UB law school the most expensive state-affiliated law school in the nation. Even more important, the state has eliminated the bulk of tuition assistance which enabled working people to obtain a legal education. The State of New York is knowingly shutting the gates to legal education in the facesof most of its children. Thus, the Lawyers' Guild promises to work with like-minded groups, like the Ad Hoc Committee to' restore SUS and the Coalition to Fight the Cutbacks in order to defend the rightsof working people in New York State to obtain the quality education they are entitled to. In addition, we support the efforts of graduate students to organize and present demands for wages, benefits and working conditions as they deem appropriate. These rights have been recognized for workers across the nation for decades. Laws were passed to protect employees, since they lacked the material strength to negotiate with employers on an equal footing. The National university should not be priveleged employers. Graduate students have been utilized as employees, they provide the same services that only employees provide, by teaching or researching. There is no sound reason for denying the GSEU their rights as employees to organize and engage in collective bargaining. If the university continues to deny that graduate students are employees, then the Lawyers' Guild endorses any collective action that they choose to take. Furthermore, we oppose the concept of economic academic planning as it is proposed at this university. It suggests that minorities and third world people do not warrant a curriculum to address their concerns. Likewise, we oppose educational policy and progress which are designed to produce people with unquestioning and uncritical attitudes toward the current social, political and economic system in this country. The Guild firmly believes that a committment to democracy in education implies a committment to the exchange of humanistic ideas in the curriculum. Education is more than training for the marketplace. We resist the attempt of this university to reduce it to thatlevel. The Guild feels a strong committment to Third World "affirmative action" programs at the law school. Preferential treatment is not at stake. Instead, the democratic rights of minority people to receive a legal education is at jeopardy in an area where they have historically been denied the right to participate. A large number of minority people come into contact everyday with the legal system. Yet, there are very few lawyers of similar backgrounds to deal with their particularized problems. This polarity is particularly -acute in the criminal justice system, where a severely disproportionate amount of minority people face the law, largely due to theireconomic status. The law school has failed to deal with this problem. A high proportion of its graduates go into private practice which serve people of higher economic status. A virtual vacuum needs to be filled by dedicated, qualified lawyers who are able to serve the needs of minority and working people. Specifically, the real need is for more minority lawyers, and lawyers who are willing to deal with the special problems of minority, poor and working peoples. Thus we propose: I.An increase in the percentage and amount of discretionary admissions to the law school, rather than the heavy emphasis placed on numerical criteria, essentially the LSAT, which is based in testingprocedures which discriminate against minorities; 2. An active recruitment of minority students, including Black, Puerto Rican, Asian, Chicano, and Native American 6. Increased recruitment of minority faculty members; 7. And, the development of an adequate curriculum to meet the legal needs of minority and working class people (e.g., courses in landlord/tenant law, welfare rights, poverty law, occupational health and safety, combattingracial biases through the law, and expanded clinical opportunities). We realize that implementing our suggestions will cost money. SUNY at Buffalo is not a privately funded law school. It is the only publicly funded law school in this state. The taxpayers pay for this law school, and a large proportion of them are poor, working and minority people. Their sheer numbers, if nothing else, require that the legal educational peoples; system attempt to adequately meet their 3. Realistic funding of an effective needs. They pay for it, and it should serve tutorial program for minority students; them, not just the rich! 4. The maintenance of TAP and SUS scholarships at present levels; Ron Eskin s.The additional allocations of more HowieSasson funds for direct minority student financial for the NationalLawyers' Guild, Buffalo Chapter aid; TuornSfthe crew by Chris Carty In this last column of the school year, I will list financial aid related" forms and applications which should be completed before returning to school in August. Initially, however, I regret to report that all students interested in summer work study must go to the Financial Aid Office on April 23 to fill out additional forms. This added requirement, supplementing the Form UB and the PCS/SFS, is due apparently to the uncertainties surrounding TAP/SUS, and the total available Work Study grant from the federal government. The Financial Aid office anticipates awards to each student to be $600-$7OO. Students who are awarded a work study grant will receive a letter directly from the Financial Aid Office indicating the exact amount of the award. The letter should be signed indicating acceptance or rejection and returned to Financial Aid. Following this, - . the student should report to Wes Carter (Hayes C Placement) to obtain the necessary papers to begin work. / will not be administering summer work study Mr. Carter also will have by May 1 a list Of local employers who are interested in employing law students on work study this summer. For the convenience of the law student, a copy of this list also will be available in our Placement Office (Room 309) and my office (Room 303). Each student should be aware that the Placement Office here will not place individual students in particular jobs. It is the resposibility of the student to seek out an employer. (1) For any student who is interested in work study for Fall, 1976, National Direct Student Loans (NDSL), or a private scholarship awarded by the Alumni Association, Law Spouses Association, etc., Form ÜB, and Parent's Confidential Statement (PCS) or The seven teen-person Law School clerkship seminar will be held on April 28. Student's Confidential Statement (SFS) must be filed. These forms already are past due. Student Placement Committee, the U.B. In addition a special "people's law" If there is even a remote possibility that you may be interested in any of the above Alumni Association and the Placement seminar is planned with emphasis on public scholarships or loans, I urge you to fill out these forms. This is particularly important if you might wish to be considered for a private Office have sponsored a series of eleven interest civil liberties and alternative law scholarship. From time to time the law school receives unanticipated requests to career day seminars during the month of approaches. April. In addition, the Women's Law Sherry hours have been held after the recommend students for a private scholarship. Usually, the organization cites financial Association sponsored a career day on seminars where students, faculty and need and scholarship as the determining criteria, but gives the school a short period of April 20. lawyers have informally exchanged ideas. time to respond. As a practical matter, then, the recommendations are limited to students Approximately 500 people have The response to this contact and the whose financial need has been determined, and is immediatelyavailable via the Financial attended the seminars. At least 45 lawyers seminars have been excellent. Many of the Aid Office computer print-out?. Therefore, every student should fife even if his/her need have participated in panel discussions lawyers have asked that they be invited will be too high to receive NDSL or Work Study. (2) Tuition Assistance Program (TAP) applications will be available June 1. They concerning all areas of the law. Initial again next year. Placement Director Jay seminars concentrated on general areas of Carlisle commented "We will have more will be mailed to your permanent address by the State Education Department. If you do career seminars next fall and spring and the not receive one by July 1, I would suggest that you write to the State Education the law (family, criminal, tax, corporate, Placement Committee will ask lawyers Department directly requesting the form. Do not wait until you return in August etc.) and large firms, small firms and from other cities to participate. The type expecting to pick up a form from me. This year the Education Department refused to government practice. Thereafter, individual of contact is an indispensable element of mail more than 100 forms to the school on the grounds thatall students should have seminars discussed specific areas of thelaw our placement program." received an application form in the mail, except those who had not filed in the previous Carlisle also noted that the Placement year. such as state and local government, If you were a TAP/SUS recipient this year, and if SUS is not reinstated in the corporate and securities, environmental Office will be open on a full time basis law, legal services, labor, judicial clerkships during the summer vacation. All resource Supplemental Budget in May, you should file a TAP form nonetheless.Abolition ofSUS facilities be available. does not mean the concurrent elimination of TAP. TAP funds have been assured for will and estate planning. A separate judicial 1976-77; under this year's schedule a single independent student with $2,000 or less net income would receive a total of $600 in TAP. Although this sum is not as appealing as $2,000 (value of combined TAP/SUS next year), tt is not paltry. (3) New York Higher Education Assistance Corporation Loans (NYHEAC) applications can be filed at any time during the summer. If you anticipate needing the The Buffalo Legislation Project will begin to accept applications from first-year money early in the fall, I advise filing by July 15. During this year, an 8 week waiting students on Monday, April 19th. Interested students should fill out an application card period between filing and approval was the norm. Thus, a student who anticipates an and submit it to the offices at 643/644 O'Brian, on the bridge leading to Baldy before early need for the loan should judge his/her timetable accordingly. Parenthetically, the interest rates for NYHEAC beginning June 1 will rise to BVi%. May 18. Students applying should thensubmit two copies each of a two-page narrative resume including law-related experience, interests, etc., and a writing sample. Thisshould Students may wish to consider application for NDSL loans, instead, since their rates at 3%. However, in either case, interest does not accrue until after leavingschool. remain be mailed by June 15 to the two admissions editors. Further information will be available Finally, beginning May 3,1 will not hold my officehours due to exams. If you have at the BLP offices. or questions, please leave me a note on my door with a phone number at which All students are welcome to submit suggestions for future projects and sources. Any problems input will be appreciated. .** I can reach you. I will do my best torespond as quickly as possible. * Career Days Held — «� BLP Invites Applications • ** -*- �April 22, 1976 OPINION 8 The Heck With Meek by Lawrence M.Meckler In the spring of 1949 the great Babe Ruth was honored at Yankee Stadium. Babe Ruth was the greatest baseball player that ever lived. He brought joy and excitement to millions of people around the world. SPORTS Opinon President of the U.S., Babe replied, "I had a better year than he did." I too am having a better year than the president, but so is everyone else. The Babe and I both have nicknames. The Babe was called the Great Bambino and the Sultan of Swat. I have been called Meek, Mighty Meek and jerk. All fans loved the Babe. He got millions and millions of fan letters a day. I too got a letter, a ransom note for my Ethics Book. The Babe also feudedwith such greats as Lou Gehrig and Ty Cobb. I feud with the clown who writes the column underneath me. I wonder if in his last column he's going to comparehimself with Man O'War. In the Babe's last game, after being harassed by a young upstart ballplayer, he gathered together all his prowess and strength and hit three home runs. I too am being harrassed. I anrv being chased by a hockey puck in a Sabreiak yelling "In Your Face" and "Two for The However, in 1949 it was all over. His career had come to an endand he was leavinghis fansand baseball. Writing my last columnand leavingLaw School, I know how the Babe felt. It's hard to be a legend in your own timeand have to say goodbye. Thisarticle will be a testimony to the legend of Babe Ruth and the legend ofanother man in another ballpark. The Babe was an orphan. He had a rough childhoodand was raised by a priest, Father John. Unlike the Babe I was loved and pampered, but thatdidn't deter me in my path to greatness. When the Babe started baseballhe wasa great pitcher, but he hit too well not to play every day so he became an outfielder. When I firstcame Doo" 2 The Babe had some flaws in baseball. When he pitched, he would to Law School I was conscientious, but I was toogood at goofing off so I, stick out his tongue when throwing a curve ball whichlet the batters too, made the switch. The Babe didn't look like a baseball player. I don't look like a know what was coming. I too have a subtle idiosyncracy which tends lawyer. Despite his looks the Babe wasa naturalathlete. He never trained to give me away. I hide under the desk in class when I'm unprepared. and always seemed unprepared to play ball. During the off-season he In Yankee Stadium there is a monument of the Babe. Someday wouldget out of shape by eating hot dogs and drinking beer.ThoughI 'm there will be a monument of me in the basement walkway between not a natural, like the Babe, I too seem unprepared for work. During O'Brian and Baldy Halls, commemorating my record breaking hours intersession I get out of shape by reading comic books and throwing spent in the cafeteria. The Babe had a candy bar named after him, summonses down sewers. Baby Ruth. I break out when I eat that candy bar. The Babe got his There are many myths about the Babe that will live forever. Many inspiration in his career in a small, sincere,manager, Miller Higgins. My of these have been paralleled in my life. The Babe promised a little boy inspiration in Law School has been greed. in the hospital that he would hit a home run for him and he did. I promised a little boy I'd break the world's record for the mile run. The When Babe Ruth was on his deathbed, he was asked if he had a Babe in the World Series once pointed to the center fieldbleachers in last message to give to his fans. He said he did and in his last breath Chicago and said he would hit the next pitch there. He did, belting a uttered those immortal words, "I don't like hockey." Way to Go, 400-foot shot. I too point. When called on in class I point to the guy Babe. next to me. The Babe was also known for his sexual prowess off the field. So it's goodbye from the Meek and remember, don't take yourself The Babe was generous. When he got his paycheck he'd help out so seriously, because if you do, no one else will. everyone giving nickels and dimes to kids in the street. I will also be quite generous and share my unemployment checks with everyone. FOOTNOTES When the Babe was at the height of his career he was making $80,000 annually. When asked why he was making twice as much as the / Bob McAdoo expression Id. . The Magic Act by Myles "The Magician" Elber Hard to believe, my last column for Opinion. A great writing career ended before it even blossomed. Despite being in the unenviable position of having a madman above me and an editor who has trouble spelling my name, the column has been a good outlet for my own nonsense. Hopefully some of you have wondered what has happened to Benny the Bookie and the SBA funds. After Benny's bookie stiffed him, Benny was forced to go back to betting horses and trying to hustle people in golf. Being a highly moral man, Benny gave back the SBA funds so they could be used for constructive things like bus trips to Albany for Passover. Benny gave me a call last week and went into a tirade against OTB. "Why the hell don't Ihey get rid Of that excise tax on winning bets and charge the jerks who lose all the time extra on their bets. Those suckers love to give money anyway. They couldput even more of their money into the State coffers and help keep NYC afloat." Benny also got a kick out of the predicament law students found themselves in. "Why should""you guys gel jobs, the country is dying, guys who do real work can't pay their bills and you go to school for a couple of years, do a lot of faking and expect to start out making $15,000 a year. Who are you kidding." Benny is really an understanding person and when I told him of my money problems and dimmer job prospects, he gave me three alternatives. "There is a horse in the 4th at Aqueduct. You need a loan. This guy I know named Auggie gives money away, with a small interest charge. I don't want to know you, when you're broke you're a joke." Thanks buddy. Benny told me I didn't deserve anything anyway. He thought I was an idiot for spending 3 years in Buffalo when I couldhave just as easily been in Miami for the same period. This reasoning was very sound. "You haven't done anything since your first semester, at least you could have been in the sun. How can you justify living in a place where it snows in April and a song is written about winning The Stanley Cup." I couldn't thinkof a reasonable reply. Benny thought it was hilarious that people weie still applying tor law school despite the lack of jobs. "Lawyers must all be masochists." Benny told me to stop worrying and reminded me of an offer my college golf coach made to me when he heard I was going to Buffalo for law school. "You can always get a job raking the sand traps here." Sounds good. Benny and I discussed the Kentucky Derby forawhile and when I told him I might not be. able to devote enough time to handicapping the race because my trial was scheduled for Derby day, Benny simply said, "What happened to you? A mock trial, not even for real money just for the experience, pretty weird." I told Benny I was sorry. Benny wished me good luck and said he feltreal sorry for Mr. Rodriquez and Manuel and. that the doctor should pay. We finally agreed on something. Benny had to hang up to go hit some balls. Some guy he set up in Florida during the winter was coming to NYC and they had arranged a little match for tomorrow. Benny figured he'd take the guy forabout $500, but would keep the match close. He didn't want the guy to give away any of his money to anyone else while he was in town. Poor Benny, he has to struggle day to day and he knows things have to catch up with him eventually. Yet he keeps going, staying one step ahead. He can't understand why people want to work when there are so many people out there just asking you to take their moneyand have fun, while you're doing it. The insanity that Benny thrives in is small compared to the approaching craziness we will be participating in. This will be highlighted by a crash program to learn "the law" and pass the bar. In a mere six week period, we will memorize enough to pass the bar and be eligible to be practicing attorneys, if we have jobs. That is really incredible. Some of us will soon find out if six weeks can compensate for three years of taking up'space and staying out of the job market. Should be fun. Imagine if the tapes are destroyed? How does one conclude a last column? How does one sum up three years? Maybe it's not time yet. So I think I'll ramble some more. Poor Zen, the possible superhorse, is not going to run in the Derby. Afraid of Honest Pleasure. Poor Meek, thinks he is Babe Ruth. It's what happens to Jet fans when their new coach says he is satisfied with their patheXic defensive line and then draft a QB who they could have gotten in the next round. Poor Sparky Anderson, thinks the American Revolution was fought over the World Series flag. Poor Philadelphia Eagle fans. They think they root for a football team. Poor first year law students. They think they have a future in law. Poor third year law students. Thereasons are obvious. I would like to thank my basketball teammates just for nostalgia purposes and wish them better success in whatever they end updoing. I know whatever they do, it can't be any worse -than our last few performances which mysteriously were never commented on in Opinion. It's getting close to the end. Maybe Benny will lose.Maybe jobswill materialize. Maybe the Bar will be a breeze. Maybe Bruce Springstein is the new Bob Dylan. Maybe Patti Smith is the new Bruce Springstein. Maybe Larry Meckler is Babe Ruth. Yep, Benny is right. I am outof my mind. More could be said, but there really is no need. People enjoy yourselves. Don't think too hard because ignorance is bliss. Good outlines won't make you a success. Take Benny's advice and take a snot, otherwise you're wasting your time. "This is my opening farewell." � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-04-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/22/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bfd98f309f6e4df2b2bb9f242ccab34a.pdf cfb737a5f41ca15652fbbb05f068f37c PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion VOLUME 16, NUMBER 7 On Friday, March 26, 1976 the UBLaw Alumni Association held its 14th annual awards dinner at the Buffalo Athletic Club. Awards are given to outstanding alumni in the catagories of Judicial, Public, and Private serviceto the legal community. The ceremonies were held immediately following the coctailhour and dinner. The Hon. Gilbert H. King accepted the Judicial Se r vice award. Given in recognition of 14 years of service on the Supreme Court, Judge King's other achievements were noted: town attorney for nine years, administrative judge for the . Bth judicial district and yearsof activity in local lawand politics. In January 1976, the Erie County Trial Attorneys Association gabe Judge, King their Award for the Outstanding Jurist. He is a member of the UB Class of 1930. A member of the 1950 class and past president of the Erie County Bar Association, Joseph P. Runfola received the award for Outstanding Service in Private Practice. Looking tan and healthy as he recovers from cardiac surgery, Mr. Runfola warned the judges and attorneys present that he is about to re-eriter their courtrooms, ornery as ever. _ (Cont. on P. 7) Alumni President HaroldBrand withaward recipients (I. to r.) King, Runfolaand Homburger. Robin A. Skinner On Monday, March 15, 1976, Dean Monroe Freedman of Hofstra University Law School spoke to about 250 students on the subject of lawyers' ethics. Mr. Freedman began by taking an .extremely controversial position (as evidenced by student response) with respect to the degree to which the lawyer-client privilege of confidentiality should be extended. The situation which he described included a mentally unstable prosecution witness in a rape case. As the lawyer representing the witness, he had reason to believe that she had fabricated a substantial portion of her testimony. Revelation of that fact would have been a serious threat to the mental health of the witness, but concealment of the information meant that an innocent man would spend up to eight years in prison. In the interests of his client's mental health, Mr. Freedman did not reveal his knowledge. This raises some serious ethical questions. Mr. Freedman believes that confidentiality should be violated only in extreme circumstances, e.g., where an innocent person will die as a result of the silence. This is based on his own conception of what is most important in our system of values. He suggested that the search for truth is not the most important function of the adversary system,and that the rituals of the system are crucial in lending dignity and humaneness to the ap*W*tion. W. FtMdmar. _Vent so far as to _ PAID Buffalo, New York Permit No. 708 __ nner cb; APRIL 1,1976 Committee to Restore SUS by Connie Farley The SUS cut was the most direct blow A student group has begun a campaign for restoration of $2 million in State University Scholarship (SUS) funds for professional and graduate students cut by the State Legislature. The Ad Hoc Committee to restore the SUS friS proposed a one-day Law School moratorium on classes to provide students free time to lobby in Albany for restoration of SUS and to organize continuing local opposition to the cuts through workshops at the Law School. The committee will only hold the moratorium if more than half the students sign pledges to abstain from classes, but organizers were optimistic late last week that the necessary numberof signatures would be gathered. Whether or not a moratorium is- held, committee members say they will probably organize a major lobbying effort in Albany early this month. Elimination of the SUS, coupled with a tuition increase from $1,600 to $2,000 per year, will cost law students who would have qualified for SUS an additional $1,400 per year. There are presently 273 law students receiving the full-tuition scholarship which is awarded to graduate and professional students with annual incomesof less than $2,000 More or Less Ethical by U.S. Postage State University of New York at Buffalo School of Law Alumni Honor Three by Carl S. Heringer Non-Profit Organization suggest that the idea that the system serves the search for truth might be considered a myth, and pointed out that lawyers are often required to do things in theinterests of their clients that directly interfere with the finding of the truth. The system is equipped to handle perjury in criminal defense situations, he said, even to the point of allowing the defense attorney to remain silent whenhe knows that his client intends to perjure himself. There seem to be some problems in Mr. Freedman's justification of his position. First, while the system may be equipped to handle perjury by a criminal defendant, it is not similarly designed to deal with perjury by a prosecution witness, as in the case described above. Mr. Freedman himself acknowledged that there are times when a Robin Hood principle applies, and the attorney must do what is right, even if it is "outside of the rules." Also, as was pointed out by Mr. Freedman, the result of a successful prosecution is always terrible: a human being is locked up in a cage like an animal,and it is inevitable that he will come out a worse person than when he went in. In light of these admissions, it is even more difficult to justify the position suggested. However, it did provide some lively debate. Much less controversial was Mr. Freedman's presentation of his views of the advertising restrictions on the legal profession. He cited Cannon 2 of the Code of Professional Responsibility as creating a •dbty for attorneys to-pri>*4_'tonfctafnt' - — Skinner and affordable legal services to the public. The advertising restrictions are exceptions to the implementation of this general principle, he said. There are some exceptions to the Disciplinary Rules which ban advertising. However, Mr. Freedman noted that the effect of these exceptions is to draw a socio-economic line such that rich attorneys and large firms can participate in thelimited advertising that is allowed, while the solo or small firm general practitioners cannot. In addition, the advertising consumers are large corporations and therich. The result is that those who most need what the advertising of legal services can offer, the poor and middleclass, don't get what they need. Mr. Freedman is the author of a book titled Lawyers' Ethics In an Adversary System, which is available in the Baldy ttoWtoiw. "■'•' w.M.... to the Law School in Governor Hugh Carey's austerity budget, which slashed $30 million from the SUNY budget. Faculty lines are already frozen and there will be no increase in funds for the law library, whose acquisitions budget was cut last year. Dean Richard Schwartzreported that the 1976-77 entering class will be held to about 255 compared to last year's 385, "as a response to a continuing situation [of austerity] rather than the immediate temporary problem." The target of activities during the proposed moratorium is the State Legislature, which has the power to restore the cuts in a supplemental budget expected to be passed by the end of May. The proposal, endorsed by the Student Bar Association (SBA) Executive Committee, calls for lobbying in Albany and workshops at the law school aimed at organizing support from alumni, the local Bar Association, legislators and other students. The Ad Hoc Committee would also like to publicize the impact of the cuts through the local media and investigate possible legal action. With or without a moratorium, the message the Committee hopes to deliver is that the loss of the SUS makes a professional education for children of the state's poor and middle classes virtually unobtainable. Although Work-Study, National Direct Student Loans and New York Higher Education loans will still be available, it is feared that the increased demands for such aid will reduce amounts awarded. The SUNY Board of Trustees announced March 24 that SUS restoration will be a "top priority" item in its supplemental budget requests. But whether the legislators will respond favorably is anybody's guess, according to university officials. SUNY Buffalo President Robert Ketter told Opinion that he is optimistic about- SUS reinstatement because of the trustees' stance. However, he added, "If the Division of the Budget says no to the $2 million, we're going to ask for the option to take it out of other items currently being funded." Ketter would not say for the record what items might be sacrificed. SUNY Assistant Vice-Chancellor Irving Freedman was less certain. "It's difficult to make something like this tangible to the legislature," he explained. "They can understand if you show them a building they'll say they want that building back. But something tike the SUS is more difficult." Freedman said that at present, some $600,000 from money already in the university coffers has been earmarked for tuition waivers for the neediest graduate and professional students, subject to release by the legislature. "But that still leaves us $1.4million short," he said. Another SUNY Central official who asked not to be identified suggested that student lobbying and tetter writing probably could make a difference in the - legislature. SUS (CPNT. P. 10) �April 1,1976 OPINION 2 ours yours OPINIONS No Joke SUS Ad-Hoc Save this copy of Opinion. Put it/fh a locked, dustproof room, and remove it only for nostalgia and historical exhibitions. It may be the last issue you are likely to receive. It may be the last issue. Our publication schedule calls for another issue prior to finals. Traditionally, next year's editorial board and staff handle that issue, under the supervision of the past year's group. As of now, there is no next year's group, and hence there is, as of now, no Opinion. This is neither promise nor threat, merely fact. Newspapers have served a vital function throughout American history. While we claim neither the investigative zeal of the Washington Post, nor the reporting depth of the New York Times, we firmly believe that our existence serves a valid school function. Opinion remains the sole forum where every student, faculty, staff, or administrative member has the floor, and is free to voice any idea> any criticism, any opinion, on any and every issue vital to school and to "real"life. Opinion requiresno exam, no contest, to be available for you. All it takes is a desire to be heard, a point of view to be aired, a statement to be made. Opinion does not appear by magic every few Thursdays. Hours of work must go into the editing, proofreading, layout and final distribution. That takes an adequately sized staff. The lack of such prevents the presentation of more issues, with a greater variety of content. Working for Opinion doesn't offer three credits ... it probably doesn't have the resume impact that Law Review or Moot Court seem to present, and it doesn't pay $3.50 an hour. What, then, does Opinion have to entice your involvement? Opinion offers a service to the entire Law School, its alumni, a long list of law schools and other organizations. Each issue, as it's picked up, read, and discussed,offers the satisfaction of a job well done. Unfortunately, these ideals no longer seem to motivate people. The larger the student body grows, the more lethargic it becomes. Beyond the quest for the almighty "JOB", students have no interest in the here and now. Those running for SBA office, for the most part, didn't find it necessary to publicly display their views. No cause, no ideal, offers any motion to the bodies in the halls of O'Brian. Opinion feels that it gives a lot to the school. Our Scope has expanded, even as our resources have diminished. We offer news stories, reviews and columns, both heavy and light. There is constant input from Placement, and the start of the long-awaited(?) administration Q & A column. There's even sports. Contributions from every organization are welcomed. There is something to interest everyone, to stimulate someone. Yet, students rarely fill our letters column, and the faculty never. We deserve better than that. We're not perfect. There's room for greater improvement next year, just as we hopefully made strides over last year. We know and you'll see that Opinion will be missed. Just wait until next year. To the Editor: The legislature in Albany this week has eliminated all SUS funding. In addition there is a proposed increase in tuition for professional schoolsof $400. What this means for the law school is that 273 stvdents o7 one third of this school face an effective $1400 increase in tuition next year. The government argues that the budget must be cut, and that educationis a "soft" priority. These cuts though ju tif6ed as austerity cuts, are in effect political measures. The stated goal of New York is to make costs of higher public education commensurate with private education. It was tax money of all the people in the state that paid for this university, and we will be paying off the debt on this White Elephant for the rest of our lives. The taxpayers were sold on the bond issues with the promise of inexpensivehigher education. That promise is a lie. We paid for this plant; now we can't afford to use it. The people that will be able to use it have been able to afford private educat on all along. What has been acocmplished? We have been ripped off royally In a crunch the government cuts back in those areas that have the least political clout. Clout for the legislature is money and votes. As a class students don't vote and don't have much money. Eight thousand students demonstrate outside the capital and the people inside won't bother to look outside theirwindows. This is no time to be resigned. It is a time to be angry, and more organized than the opposition.Groups are forming all over the state to deal with this matter. Be prepared to give your support to a call foraction. The Ad-Hoc Committee ToRestore SUS Glick To the Editor: If anyone ever takes the journey to the seventh floor of the Library, he will be greeted by what appears to be the loading dock of a paper factory. Our school is a depository for all briefs filed with the Appellate Division. Many of these briefs (100's, 1000's) are currently-spread all over the floor. As such they are totally unusable, since they have not been sorted in any way. In addition, this creates both a safety and health hazard. The school should do something to help clear up the problem. No Joke II Richard I. Glick As this issue went to press, Registrar Watlin, on bis own authority, cot-thehours'of the third floor administrative offices. This change is said to be temporary, lasting at least up until final exams The new hours (Ipm to 4:30 pm) are an experiment in contemplation ofpossible staff cutbacks due to the budget crisis. Please address all complaints directly to Mr. Editor's Note: Thismessage was found in the Opinion mailbox. We are offering a reward for information leading to arrest and conviction. Wallin. FREE: USE OF EXCELLENT PHOTO EQUIPMENT AND DARKROOM. BECOME AN OPINION PHOTOGRAPHER. INSTRUCTIONS INCLUDED. CONTACT: 634-2107 OR ROOM 604. VOLUME 16, NO. 7 Opinion... . ,-.... , Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie April 1,1976 , Staff: Lawrence M. Meckler, Myles Elber, R.I. Glick, Abbott Gorin Jeff Chamberlain, and Steve Errante. CONTRIBUTORS: Barry l-ertel, Connie Farley, Howie Rosenhock, Sam Kazman and Maine Espenscheid. Special thanks to Linda H. Heringer contained Copyright © 1975, Opinion, SBA. Any republication of materialof herein is strictly prohibited without the expresswritten consent the Editor-in-Chief during the academic OPINION is published every three weeks, except for vacations, York at Buffalo year It is the student newspaper of the State University of New Buffalo, New School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, those of the 14260. The views expressed in this paper are not necessarily York Editorjal Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. collectively by the Editorial Board. Editorial policy of OPINION is determined OPINION is funded by SBA from Student Law Fees. °* R Csfo ck if U Ev« want To See your E**\€i oo* b Again Le-e Pothole ,RW ,„ the fi^ o„ CLEVEUNDDR Tuesday, Night Protect Yourself �OPINION Balsa OPINION Open Letter to the Law School We, the minority studentsand members of BALSA, have not previously taken an opportunity to address the law student body. We feel it is appropriate .for us to become more visible in view of the situation at the law school. In this article, we will attempt to explore some of the shortcomings and problems at the law school with respect to minority students. It is necessary for these problems to be considered because they ultimately affect the entirelaw school and legal education as a whole. In oUr silence we have observed current policies by the administration which make the academic life of a minority student very difficult. The law school has given the impression that they are sympathetic to minority needs and that a viable program exists to meet these needs. This is not the case. In the past, a tutorial program existed for minority students; it was abandoned as ineffective. It should be known however that: 1) quality of the tutors was not sufficiently investigated; 2) there was no effort to discover theineffective aspects of the program and remedy them; and 3) insufficient funds were allocated to insure success of the program. Inotherwords,this program was destined for failure. A minority committee, consisting of faculty members, exists to aid minority students in their experience at the law school Aside from a couple of well-meaning members, the committee is ineffectual and a total failure. The committee rarely meets and when it does there is a poor showing. Even if participation were higher, the minority committee lacks power to resolve grievances and is not fully knowledgeable of administrative policies and procedures. It is not clear if the ineffectiveness of the Libertarian Urges Heroin Legalization Gary Greenberg, chairman of the Free Libertarian Party of New York State and a practising attorney for Legal Aid in NYC, addressed the law school last February 27th on the topic of .legalization of heroin and other narcotics. Mr. Greenberg urged legalization on a number of grounds, beginning with the ethical principle that people are competent to lead their own lives and should have the right to do so, so long as they do no violate the similar rights of others through force or fraud. He then proceeded to examine the economics of the current narcotics prohibition, which produces a tremendous street-market price for an item whose costs of production are relatively minimal. This price increase results in two things: addicts are invariably unable to support a habit costing upwards of $100/day through legitimate work, and must therefore turn to crime in order to purchase drugs; and the huge profit to be made in selling drugs give organized crime, and politicians in their keep, a tremendous incentive to keep drugs illegal. Mr. Greenberg claimed that legalization of heroin would result in the cost of a habit falling to a price level similar to that of cigarettes, and "you don't find cigarette smokers mugging people to support their habit." According to Mr. Greenberg, 60 to 80 percent of the burglaries in NYC are by drug addicts; the reduction in drug prices which would follow from legalization would drastically diminish the need of addicts to engage in such crime. , Mr. Greenberg went bn to show the effect of drug law enforcement on police and on constitutional rights. The committed widespread corruption 3 , of drug squads results not only from the huge profits involved in drug trafficking, but from the victimless nature of the "crimes" themselves; there generally being no complaining victim or witness to supply evidence, police will generally have to resort to obtaining evidence through illegal searches and seizures. Thus, one result of Mapp v. Ohio has been use of what Mr. Greenberg termed "scripts" by police in testifying in court, which are known to be false by everyone involved. Police officers will, for instance, commonly claim that a suspect dropped the narcotics in full view of the officer (the "dropsy" script), or that the contraband was sticking out of his car's glove compartment. A similar erosion of Fourth Amendment rights has come from legislative measures, such as no-knock law, which similarly stem from the lack of complaining witnesses; the evidence must somehow be grabbed before it can be flushed down a toilet. Finally, there is the ease with which persons can be "set up" t for a bust. Mr. Greenberg mentioned the possibility that government-sponsored methadone maintenance programs had resulted in a government-controlled army of addicts"; bureaucrats involved in drug "rehabilitation" have often successfully threatened to "unleash" this army should their funds be cut by legislatures. He went on to demonstrate how the statutory age limits in Rockefeller's drug laws have resulted in a shift of drug pushing activity to 14-year olds and under. Furthermore, since penalties are the same for all drug transactions of Vi-gram and less, most heroin purchases are now made in quarter-grams rather than in once common single grain amounts. minority committee is due to individual taking into account factors other than disinterest or administrative restraints. LSAT scores and GPA in determining It has been postulated that the eligibility for admission. Since the fairness anonymous grading system is to the of the LSAT has been questioned with advantage of minority students. However, respect to minority students, the lowering it is questionable whether or not the of the number of discretionary admissions grading system is in fact anonymous. In wouldbe unfair and prejudicial to minority addition, grading criteria of individual students and would tend to result in fewer professors is nebulous. It has been the minority admissions. All of these factors taken together experience of certain students after discussion with professors that indicate that if something is not done to examinations by black students can often change the situation, there will be far fewer be spotted by use of certain vocabulary minority students attending thislaw shcool even though these examinations are and thosewho doattend will be facedwith grammatically and substantively on par an unsympathetic administration. This is with thoseof white students. significant for two reasons: 1) it affects the In view of this breach of committment legal education of all students; and 2) it as seen by the tutoring situation, the hampers the urgent need for minority ineffectuality of the minority committee lawyers. and the unfairness of the grading system it The legal education of all students is is easy to see where the administration has affected if there is no minority input and been unfair in the operation of the interaction at the law school. Especially in Academic Policy and Program Committee certain areas of law, every lawyer will have (APPC). In reviewing the continued some minority clients and to truly eligibility of certain minority students, the represent them, some understanding of committee failed to follow procedure and that client's situation should be present. at the same time used arbitrary standards. Those who intend to go into the legislative The difficulties encountered by area of law should, without a doubt, have minority students'at the law school are cognizance of the minority experience and compounded by the proposed State viewpoint. University Scholarship cut. This The need for minority lawyers exists in scholarship has enabled many minority view of the many injustices in the laws and students to attend tuition-free and if it is their application. The policies and cut most of the current students will be procedures at this law school make no unable to return and prospective minority attempt to meet this need and often stifle students will be precluded from enrolling. it. As minority law students, we feel we This situation threatens to have something to offer the legal system lower the already minimal minority which will be of benefit to all people. We enrollment. have been most severely affected by the Another proposal which will lower the injustices of the legal system and therefore minority population at the law school is we have a strong commitment to ridding the reduction of discretionary admissions the system of these injustices to the benefit from 20% to 10%. This has not been of all people. In view of the situation at instituted, but it was proposed at the thislaw school we question whether or not admissions committee meeting. we will have an opportunity to fulfill this Discretionary admission simply allows committment.. ni BAR REVIEW I Steven Dijoseph Former Director of Marino Dor Review Course is now lecturing for BAR/BRI on the New York Dor Exom Technique 6 Analysis for further information contact your BAR/BRI representative: Gabe Ferber 838-5482. AJ. Straus 636-4062 Tom Lochner 877-4526 Closses during this summers course will be held in alr-condWoned rooms on the Wdge Leo Compus �The Brooklyn Side She President's Corner by Carl S. Heringer by Barry Fertel The Universal Shane Show The Beautiful Wife and I live in a cozy, three-room apartment, complete with four FM-AM radios, one FM-AM clockradio and one AM clock radio. There is never a need to walk beyond ten feet to be within earshot of music. Most of the radios are set to progressive rock [WBUF-FM93] for my tastes. The B.W. prefers lighter stuff, and truth to tell, an occasional golden-oldie is good for the soul. However, the usual Top 40 format is more than I can bear for over threeminutes. Of late, I have been tuning into WGR-AMSS on weekday evenings to listen to Shane, the Montana Cowboy. There are qualities about Shane that set him apart from other Top 40 AM jocks. He does his share of high-pressured high pitched commercial diatribes, he does interrupt the beginnings and ends of songs. But, he is sincere. He is not afraid to voice his opinions, and that has cost him several local microphones in the recent past. During such a stint of inactivity, he publicly refused to leave Buffalo for greener pastures, avowing his great support for the people and potentials of thishard-luck city. Rumor has it that a tightrein is held on him at WGR, or was initially. He says a lot, his own poetry is often soft, tender, inspiring. His love for America, Buffalo and hockey has stood unwavering in the faceof setbacks and crises. He's justdoing his job, but Shane does it well enough to be the number One rated night show in town. You can hear the change in his voice, from the telephone to the air, that artificial lift in his emotions. But, the real person seems to come through and you know that you're tuned to his inner being; rare, rarer still on AM Top 40. I've spoken to Shane only once, in a crass attempt to win some unearned money. I dislike "money machine" radio it's a "cheap" way to get listeners. This time, I was already listening, so I was in the midst of shaving, by order of aforementioned Beautiful Wife. Hi-Lo-Guess the amount in the jackpot and take it home. My phone number was eligible, and I took a stab at trying to be the ninth caller. Busy. One more try. Hello? Yes. Name? Address? Number? Ever win before? Hang on WE'RE ON THE AIR! In my skivvies with shaving cream on my face. Speaking to everyone in Buffalo who wasn't watching "Laverne and Shirley." My biggest audience since my Bar Mitzvah, no too high. Better luck next embarrassing giggles, now. How much? $383.00. That's time, fellah. Thanks for calling and have a good night. Yeah. Thanks Shane, goodnight to you too. Should I have said, "Danke, Shane."? ... - - ... ' Related news: WEBR-AM & WREZ-FM are soon to become public broadcasting. Two questions. Can Buffalo support 3 such stations (with U/B's WBFO-FM)? Can Bflo do without these stations' innovating, refreshing formats? In confidence, 1 answer NO. Maybe some enterprising station manager with low ratings will approach Steve Lapa and Company and help them to remain in the city. We all need them. There is something about the mix of music played on this station that makes it like no other that I have come into contact with yet. There are familiar tunes by new voices, familiar voices with new tunes, etc. Also, this is Buffalo's greatest Jazz outlet. All of the night programming is jazz. For fans, this will be a tragic loss. For occasional listeners, such as myself, it is a refreshing change of pace that will no longer be available. For everyone else, it will be the loss of their only opportunity to learn. All of Buffalo will miss WEBR/WREZ. Public broadcasting will have to convince us of their place here. Hopefully, by the time this column has been read, the controversial issue of the election of second yeardirectors will have been resolved. In any event, I think that particular episode is a perfect example of what's wrong with this law school and its students. When a student is personally affected by some arbitrary action, at least as perceived by him, he will emphatically protest thataction. But, when other students are affected, or when the nature of the action is far more subtle, the typical law student will do nothing. Since SBA does not award academic credit, or aid one in findingemployment, there is very little student participation in its deliberations, Therefore, SBA has been looked upon as a joke by the Faculty and administration. I propose to change this lackluster impression of the SBA. First of all, I have organized a petition drive to urge the faculty to retain the present academic calendar whereby finals will be given prior to Christmas. This petition was circulated in response to a desire by several faculty members to have finalsafter Christmas. As of this writing, over 200 signatures have been obtained. This is only the beginning, the more forceful the SBA is, the more hassle-free will be thelife of the law students. For example, there is, at present, a Faculty Student Relations Board whose sole function is to hear student grievances and act upon them. Not surprisingly, that committee has met only once and that meeting was for organizational purposes. That's ridiculous! Students are by no means delighted with their situations in this school. There must be at least one student who has been screwed in some fashion. Why hasn't this committee's existencebeen made known to students? I will personally present a grievance or two and I urge all students who feel they have been given araw deal to do the same. In addition, the SBA will make every effort to fight the cuts in SUS funds. I have been personally criticized for not doing enough in this fight to restore the cuts. Well, I can only say that I am guilty. I haven'tbeen able to go to Albany, I haven't spoken with any legislators, and I haven't even written a letter to the governor. But, if we, the students, go to Albany and exercise our collective muscle, then maybe we can have the funds restored. We must try or the state will think we are a bunch of apathetic law students, which we aren't, or are we? The internal workingsof the SBA can be improved. The major problem is its lack of communication both within and without. This problem will hopefully be dealt with. For instance, an SBA bulletin board will be erected on the first floor,and on every floor if need be in order to get the message to students. Also, all student vacancies on the following organizations will be filled.Academic Policy and Program Committee (APPC), Admissions Committee, Appointments Committee, Budget and Program Review Committee, Faculty Student Relations Board, Library Committee, Minority Student Program Committee, student representatives to faculty meetings, and the University Assembly for University-wide governance. Also, all students who presently sit on these committees must be reappointed. Of course, their experience will be taken into consideration. Any information pertaining to these committees may be found in the Student Handbook which is available at the Registrar's Office (see pp. 36-39). All in all, I would have to say that SBA has its work cut out forit. Any suggestions by students and/or their participation would be greatly appreciated. Stop by the SBA office at anytime. It's located opposite the famous purple lecturehall. Prosecutorial Abuse On February 20th, DVF and BALSA co-sponsored Robert Hollisof the Fortune Society in a lecture on the abuse of prosecutorial discretion. Mr. Hollis has successfully completed 'his first year of study at Columbia University School of Law, he also is presently appealing a conviction before the Second Department for being the mastermind behind a major cocaine selling operation. While Mr. Hollis spoke about prosecutorial abuse in general, he is quite familiar with its effects in the specific. His own case has become a cause celebre in New York City, commanding a column this past summer from James Wechsler of the New YorkPost. The linchpin of Mr. Hollis'address was that as long as District Attorneys' offices are governed by political considerations rather than strict adherence to dueprocess, it will be impossible to hope that they will work in a just manner. Unfortunately the office has become a stepping stone to the bench. With the nominating process controlled by local political chieftan's District Attorneys are under increasing pressure to make arrests that will look good irrespective of whether they can make the charges hold up in court. Uncovering a major crime operation such as gambling, bribery, or narcotics, obtains large scale media coverage. I he media may not be so diligent in following up on .u!tirwle.d.i>P9>it»D,.buJ.a."hardwprking;'_ 'jji-tT' km«*!rro- D.A. is an attractive vote-getter. As an example of the political nature of a D.A.'s office, Hollis cited an example from his own case. Eugene Cold, District Attorney for Kings County was supposed to begin a re-investigation of the Hollis conviction. This was aborted when Gold began to entertain plan* to run for the Democratic Party nomination for the United States Senate. To re-open the case would have meant that Gold would lose face, the political considerations overrode the District Attorney's vow to see that justice was done. Besides feathering a D.A.'s own political nest, unfavorable pre-trial publicity reinforces the prosecution-minded atmosphere of the country at large. Therefore on a daily basis this sort of publicity translates into a higher conviction rate which is ill-deserved. Rarely are defense attorneys able to overcome such a bad press, or to focus media attention on prosecutorial abuse. Of course, a higher conviction rate, rather than the interests of justice is what a D.A.'s office is all about. Since advancement is based on conviction rates, most Assistant District Attorneys never raise lhe issue of how unjust the money bail system is. Il stands to reason that people who are incarcerated and cut off from Iheir ability to earn any income are more likely to cop a plea than those two are free to do so because they managed to make bail. In this way, the money bait system inhibits the search for the guilty party. Unlike the adage taught in law school, when it comes to blue collar crime, time works in favor of the prosecution. If the purpose of bail is to insure that defendants will appear again in court and more importantly that dangerous individuals are not turned loose on the streets, then there may be alternatives to the money bail system. Mr. Hollis alluded to the Japanese procedure by which suspects are injected with sodium pentothol and then asked if they committed the crime with which they are charged. This allows a judge to make a realistic appraisal of whether a high bail is necessary since the judge now knows whether or not he is dealing with the perpetrator. Also if the crime is truly heinous, incarceration may well be called for. At present, such alternatives are not ' being investigated. Finally there is the pressure on any Assistant District Attorney to maintain good relations with the police. If an Assistant District Attorney wants to keep his conviction rate up, he must maintain rappori with the police. In effect, this means backing them when they are wrong, ■ or worse, lying. Consequently in any.D.A.'s office if is often the police leading, the A.D.A.'s around by the nose. ..-.• ~./ acdemic Apr24th.il O263,'Brian the for until Editor-nChef R. OPIN styudeeantsr Heringer,OPIN . of S. 2nd Carl about Editor-nChef candites. contac informatn and Ist to of all from qualifedasakered or positon ac ept d question candi tes the allto any for be open for Aplicatons 1976-positonProspectiv (63-2167) wil is year The Hall �April 1,1976 OPINION 5 Carlisle on Jobs III Many students wish to know if graduates of the class of 1975 were successful in finding employment. Are any employment percentages available? The Placement Office has recently completed relevant statistical data for the class of 1975. We were able to contact most of the classand of those surveyed approximately 87% have found law positions. Some 1975 people are still in graduate school. Seventeen members of the 1975 class are still seeking employment. Five of this group failed to pass their bar examination. Obviously failure to successfully complete the bar exam is an obstacle to employment. We consider it an essential priority to place each of the seventeen people who are unemployed. Overall the statistics appear to indicate that Buffalo students are doing far better on a national basis than students from most law schools. Recent placement articles, such as those appearing in JurisDoctor and the Ne,w York Times, are misleading and not based on current statistics. If the articles serve any purpose, it is to shock law students into taking an immediateactive interest in placement. Our statistics prove that the market can absorb our graduates. Isolated incidents aside Buffalo law students are doing well. I will personally provide assistance to qualified persons who cannot find employment. - - - What is the Placement Office doing to create more positions and to locate jobs for our students? We are currently engaged in a massive mailing campaign with personal follow-up .How many students in this year'sgraduating class have jobs? We do not have accurate statistical data. Many students have positions, but for the most part these are with medium sized and large law firms and government agencies. Lawyers Lessen Law school enrollment, which had been climbing dramatically for the past decade, apparently hasreached a plateau, the AmericanBar Associationsaid today. Despite an over-all increase in enrollment at ABA-approved law schools for the current school year, net growth appeared to have ended. And, the ABA said, even though only one law school reported having any empty seats, many law schools showed fewer qualified applicants. Several law schoolsalso reported a greater number of "no shows" in their first choice of admittees. Enrollment in the 163 ABA-approved law schools last fall totaled 116,991, an increase of 6,278 or 5.67 per cent over the similar 1974 figure, the ABA reported. Women again led the way with an increasedenrollment of 22.07 per cent, to 26,737. They now comprise 22.85 per cent of approved law school enrollments. Minority enrollmentalso increased, but only by 4.12 per cent, to 8,676, or three times as high as it was in 1969 when comprehensive national figures were first collected. The report was prepared by James P. White, professor of law at Indiana University Indianapolis Schoolof Law and dean foracademic planning and development for Indiana University-Purdue University at Indianapolis. He is consultant on legal education for the ABA. While over-all enrollment increased, White said that the pace has slowed significantly, indicating that net growth appears to have ended for student population as well as for the number of institutionsoffering law degrees. White said many law schools showed a decrease in the number of applicants who more "no shows" in their first choice of admittees. "These facts seem to indicate that there is a continuation of the slowing of law school admissions," White said in his report, carried in full by the March edition of the American Bar Association Journal. Law school enrollment has grown steadily during the past 10 years, except for a decrease in 1968, more than doubling from 54,265 to the current 116,991. White pointed out that the current figure includes enrollments from six law schools provisionally approvedby the ABA last year. "Particularly significant," White said, "is the fact that first-year classes in the 162 approved law schools (excluding the Judge Advocate General's School, which offers a graduate program only) increased by 964 in 1975, an increase of 2.53 per cent. If the 1,146 first-year.students enrolled in the newly-approved law schools are excluded, there were 182 fewer students in first-year classes for the fall of 1975. in their "Thus, law schools approved in 1974 actually experienced a decrease enrollment for the first time since 1968." to tor apply In addition, White said, only one school has indicated an intention provisional ABA approval during the 1975 76 academic year. "The impact of the substantial increase in law school enrollment that occurred in or LL.B. degrees the fall, 1971, entering class was reflected in the increase in J.D. f rn m ',? awarded during 1973," White said. "J.D. or LL.B. degrees awarded in 27,756 to 29,045. In 1974 J.D. or LL.B. degrees granted rose from 29,045 to _*~_. met admission criteria and several schools also reported - Students with strong academic backgrounds and/or other recognized achievements in law school have done extremely well. I am pleased with our success in this respect. Many students seeking positions with smaller firms or with local government and public agencies who have not received funding are still looking. Concern for obtaining a position prior to graduation is inevitable but not always warranted particularly in light of past experience and the reality of today's market. Look in June of .975 far less than 50,6 ofour studentshad positions. By January 1976 almost 85% of the students had found law jobs. Time and time again I have emphasized that many employers just don't hire until after graduation. Recently 1 contacted three 1975 graduates who had obtained excellent positions in November of 1975.'The wait was not pleasantbut the reward was worthwhile. I am committed to devoting as much time as necessary to the class of 1976. Our obligation to SUNYlaw students will not terminate with graduation. It will continue and in many instances become more effective for those seeking positions with smalland medium sized private firms. • '^' '^ ABA inspection teams checked 42 law schools during the past academic year to (1) assist the schools In attaining full potential; (2) to determine compliance with approval standards; and (3) to report on developments in curriculum, teaching and research, and public service. Most states require graduation from an ABA-approved law school for -taking bar examination. Approval criteria standards cover such factors as staff, financial resources, library facilities, curriculum and relationship with the university. contacts. Whenever possible law firmsare being invited to O'Brian Hall. Firms that can't visit have been asked to complete employment questionnaires which will enable our students to know if the firm, etc., is hiring, when resumes shouldbe submitted, what the starting annual salary is and if there are special qualificationsapplicable. I am personally speaking to lawyers and attending bar association meetings in Buffalo, New York, Washington, D.C. and elsewhere. I recently attended meetings with key Placement Directors and recruiting partners in New York. Every effort is being made to publicize the Law School. In addition, the Placement Committee has been very active. We are having career days this Spring. I urge you to attend them not only to gain information but to establish contacts with the organized bar. There is no doubt-in my mind that the Law School is acquiring a reputation as the place to go for legal talent. Any student desiring to participate in our efforts should speak with members of the Placement Committee. — What about positions for firstand second yearstudents? We have had a series of seminars for first and second year students. We discuss informational resources, use of our facilities and strategy. We post job announcements and encourage Buffalo employers to recruit our students. First and second year persdns must assume an active role in this effort. Whatabout work-study positions? Chris Carty and have contacted a large number of employers. Lists containing work-study opportunities should be available by April 9. See Chris Carty and the I Placement Office staff. Will the Placement Office be in operation this summer? The Placement Office will be open on a full-time basis this summer. Hopefully we will have the time to giveparticular attention to persons on an individual basis. NYPIRG State Conference NYPIRG, the New York Public Interest Research Group, held a state-wide conference February 21 and 22 in Binghamton, New York. Representatives from the various NYPIRG chapters on college campusesaround the state, including New York City (Queens College), Albany, Syracuse, Binghamton, New Paltz .Geneseo and Buffalo, attended the two-day conference. The weekend activities consisted of workshops which discussed various projects presently being undertaken by the chapters. These projects covered a wide range of areas including investigations into ETS, environmental issues such as the banning on non-returnable bottlesand the financialcollapse of the nuclear power industry, legislative reform of NYS marijuana laws, and red-lining by savings banks and loan associations. A movie portraying the present battle between environmental groups and nuclear power advocates over the building of nuclear power plants around the nation was also featured as part of the activities. During the conference, the NYPIRG state-wide board held a meeting, open to the public, and discussed future plans for the organization. Proposals included projects and extended internship programs for next summer and fall. NYPIRG organizations from around the state were represented by their elected Board Representatives, each of whom had a vote al the board meeting. Law students are currently organizing a law school chapter of NYPIRG. Interested students would participate in legal research on numerous and variable public interest projects. In addition to projects already under consideration by the chapters, the law school NYPIRG organization is offering research opportunities into legal aspects of the funeral industry, property tax reform, various projects on banks, voter registration, and numerous olher lawrelated interests. The law school NYPIRG chapter will have a meeting Thursday, April 1, in Room 214 at I p.m. lo discuss these possible projects" and provide additional information to interested students. Since this chapter is still in the process of being organized, all students are invited to attend the meeting and become familiarized with the organization. Students interested in working on NYPIRG projects but unavailable to attend the meeting should contact the chapter's officers, Louise Tarantino, John Arpey, or John Privitera, in Room 118. �OPINION 6 April 1,1976 News Briefs Administrative Perspectives CUTS Student questionsregarding administrativeactions or perspectives will be answered in SBA ENDORSES MORATORIUM OVER BUDGET this column. Please submit your questions to Opinion or to Allan L. Canfield, Assistant to On Wednesday, March 24, 1976, eighty law students called for a one day moratorium the Provost, 316 O'Brian Hall. of classes to protest the scholarship cuts. On that day (to be chosen) law students will have activities planned for Buffalo and Albany. Students will be urged not to stay out of Q. What is the status of the search for a law librarian to replace Mr. Wenger? the school itself, but to boycott classes while attending scheduled activities. This course has been endorsed by the SBA Executive Committee , Ans. The search process is in a temporary hiatus caused by the various difficulties of.action involved in the selection of a search committee. It is expected that a committee will be TIGERANNOUNCEMENT appointed soon. Nevertheless, an adequate search process which will lead to the appointment of a well semesters. He qualified law library administrator will take several months to accomplish. An interim Mike Tigar will be teaching Criminal Procedure here in the Fall and Spring is looking for a research assistant to help gatherrelevant materials during the summer, appointment maybe necessary. 1976-1977. The summer work is likely to during academic 1976, and to some extent There will be a salary and expenses will be Q. Has the number of applicants for admission to thislaw school dropped for the coming require spending some time in Washington. submit a resume whichincludes three law covered. Students interested in applyingshould year? faculty references (no letters, please) and an unofficial law school transcript, to Camille 7,1976. by April O'Brian 419, Hall, Ans. No. Applications foradmissionshave increased over the last year by an approximate Dißenedetto, Room be about 255 persons as 5%. However, the projected size of the eventual enrollment will627 for entering freshmen LSAPOWUENS OTE opposed to 281 last year. Last year's average LSAT score was with an average QPA of 3.35. No figures are available for comparative averages for the The Law Spouses Association has selected its officers for the 1976 calendar year. coming year since the process is not completed. It is expected, however, that the averages Elected were: Gail Faber, President; Joan Fitzgerald, Vice President; Sally Schermer, will be similar. Treasurer; and Nancy Hess, Secretary. In keeping with its tradition of awarding scholarships to deserving, married law Q. Which faculty members will not be returning in the fall of next year? students, the Association has awarded two $100 scholarships for the Spring 1976 next two weeks. The Ans. It is known that Professor Buergenthal will not return since he has accepted a semester. The names of the recipients will be announced within the to position at the University of Texas. Professors Holley, Kane, and Laufer are expected to Law Spouses is a socially oriented service organization, whose membership is open within the Law School community. Those interested return. The status of Professors Schwartz and Boyer will be known in the near future. both marriedand unmarried couples in the Association are invited to attend its next meeting, Tuesday April 13, at 7:30 p.m. Mrs. Hollander will not be returning in the fall. in the Staff Lounge on the Fourth Floor of the Law School. Q. What happens to the SCATE evaluation forms? • 1976, require faculty Dißenedetto, Treasurer; students, housing complex Joseph University looking graduate single On-campus (1) (2) (3) Tigar Unfortunately, Spouses spending keeping Leakey appropriate Campus single Housing Lounge Spouses Nancy (2 Complex, housing graduate persons/room) campus, (no teaching socially Tramp" Hall, 419, Office, Housing Faber, application Hess, letters, single may part Secretary. during President; recipients Building couples apply please) applying Washington. proximity Hall, graduate help by awarding year. April gather triple organization, graduate Fitzgerald, place alternating 7,1976. $100 lounge scholarships meeting, story, Quadrangle scholarships proximity Tuesday community. (2 salary Complex, President; persons/room). Quadrangle, facility, membership deserving, transcript, April (3 Spring during Jurisprudence, persons/room). expenses by 13, Sally writing campus. Spring part Schermer, summer, likely open graduate Campus, housing year. many p.m. TIGAR Mike is covered. LAW Elected semester. Law both in GRADUATE the Amherst with of law this and students six couble APRIL ENVIRONMENTAL "Dr. the The In students Main floor Graduate the SPOUSES married that and Staff Association ANNOUNCEMENT references Mac The Ellicott Students of 1 Roosevelt Law and The for the accommodations consists for and suite. to Street will Donald students. find "The and the fifth Room is STUDENT the Association Gail and students be ROOM NOTE research with Selected student unmarried interested and and of Roosevelt 1976-1977 floor FREE the extent Hall 13 of its Due invited LAW the is time Association 213 Dawn the O'Brian ofis co-educational assistant end ADMISSION HOUSING union. tradition students: Fourth accommodations to will oriented and Mac Criminal has located in SOCIETY Hall in is co-educational its of suites to academic Donald house unable 72 of forms awarded which Man" IP.M. attend Floor to academic double convenient the of in has for service within AVAILABLE in Procedure and and Three the will to FILM share Governors Joan should selected Hall Roosevelt the its of accommodate 6 two Richmond accommodations be be the to the next four in MORE 1976-1977. There is the SERIES unofficial will announced the sent students. Law There in the submit Law APRIL here its accommodations School relevant Hall close be to Residence will Richmond to TO officers School School. in them. residence available live. have the 6 be law 150 and married COME Vice Located of The within whose "Suzanne's suite materials three Fall "The bed Law school bathroom been for ROOM to and basis. which students the and centers the for Poisoned set and and for to next the 1976 aside unmarried A 107 Lament" includes the facilities work identified the Amherst suite Those which is two for semesters. Sea calendar located Health-Science the married at consists is weeks. to the is Located consists three interested 7:30 associated 3:30 Camille will for of to 1976 law The P.M. law of He to be the the to of 4 rooms were: some a names a some are on a a rooms a on anan are a resume a summer on areas on a on on _ Ans. The forms are run through an optical scanner, placed on a computer tape, and used to generate evaluation profiles. The profiles then become available for use in faculty evaluations; a copy of the profiles is also made available for public use in the law library. SUS /rnKIT (CONT. , restoring SUS, saying that he had a "predilection" for seeing it replaced with P 1 \ P.I) He explained that university officials are cautiousabout suggesting" any student or faculty action because the central administration must deal with the Division of the Budget and the legislative fiscal committees, "and they don't want to perceive SUNY administration as another .. lobbying agency SUNY is a state agency, but that doesn't mean the studentofficial said. are," the Ketter refused to endorse the idea ot a Law School moratorium when it was proposed and remarked that he didn't think, lobbying would help, since the students' interests are beingrepresented by the trustees. "I have a fundamental opposition to endorsing a moratorium or teach-in that gets people out of class," he said. Perhaps a greater stumbling block than the legislature is the Division of the Budget, which reviews the proposedbudget and recommends changes. The elimination of the SUS reportedly originated in the Budget Division office of Paul Veillette, chief budget executive in charge of higher education. tuitionwaivers. "If I were a university official, I'd rather use tuition waivers that can be taken out of the university income fund," he said. That fund, containing tuition payments, dormitory rents and the income from SUNY teaching hospitals, will have a projected surplus of $120 miHion this year, he said. The surplus is justused to build up the next year's income fund, according to Veillette. He also suggested that the university might try trading off already budgeted items to get back SUS. Ketter said the income fund suggestion was "a ploy the Division of the Budget has used since I've been president. SUNY Central violently opposes using those funds because they're used for things like funding They're giving summer research grants you a run-around." . According to Ad Hoc Committee members who have been researching possibilities of restoring the scholarships, Ketter's remark may be an accurate evaluation of the state's attitude toward this particular cutback. Gathering information about those affected by SUS, possible sources of fundsand justifications for the cut has been a painfully slow process because officials in Albany don't seem to know what they're talking about, according to Ad Hoc Committee member Marty Feinrider. "I went to them with statistics trying to get more information and they asked me for, copies of my statistics," he said. When Opinion contacted Veillette with a question about the $600,000 allotment for tuitionwaivers, he said it was new information to him. Legislators approached by committee members on an initial lobbying trip in February were hazy, at best, about what the SUS is, although local legislators have been sympathetic since Law Studentshave begun contacting them. Veillette said last week that the rationale for eliminating SUS was that it was originally established for undergraduatesonly and that in a period of austerity, it should be reduced to its original scope. Queried as to whetherhe or "*", anyone in his office had realized the full impact of the $2 million cut on individual students, Veillette said, "The impact was studied by the Budget Division and discussed with SUNY central, but the kind of detailed study (coming with SUNY's supplemental budget requests] was not lack of ft is the relative confusion and We knew before the next information T done then that is giving the committee year there would be a academic some hope of affecting the budget the supplemental budget." second time around, however. Members say, final feel that law studentsarmed with factsand Although the legislature has Veillette's office has considerable influence the committee's argument that a on the budget that goes to the legislature. state-supported law-school is stillneeded in In a telephone interview last week, New York may attract some attention and Veillette appeared cool to the idea of some votes for SUS. ... - . GSRATAHDUOENIG VAILABLE On-campus housing accommodations will be available for unmarried graduate students for the 1976-1977 academic year. There are three areas identified for the housingof single graduate students: (1) MacDonald Hall is a co-educational four story, 150 bed facility, which consists of six single accommodations and 72 double accommodations (2 persons/room). Located on the Main Street campus, MacDonald Hall is in close proximity to the Health-Science complex and the student union. (2) Roosevelt Hall, a part of the Governors Residence Complex, is located on the Amherst Campus and is co-educational oh an alternating suite basis. A suite consists of 4 couble rooms (2 persons/room) which share the loungeand bathroom facilities associated with that suite. Selected end suites in Roosevelt Hall have been set aside for the housing of graduate students. Due to its proximity to the Schoolof Law and Jurisprudence,many law students find Roosevelt Hall a convenient place to live. , (3) The fifth floor of Building Three in the Richmond Quadrangle, a part of the Joseph Ellicott Complex, will house graduate students. Located on the Amherst Campus, this floor consists of 13 single rooms and 6 triple accommodations (3 persons/room). Graduate students may apply for the graduate residence centers by writing to the University Housing Office, located in the Richmond Quadrangle on the Amherst Campus, and the appropriate application forms will be sent to them. Unfortunately, Housing is unable to accommodate married students on campus. . LFEAINVSSRWOMCTLY ERIES APRIL 1 ROOM 213 1 P.M. "The Tramp" and "Dr. Leakey and the Dawn of Man" FREE ADMISSION APRIL 6 ROOM 107 "The Poisoned Sea and "Suzanne's Lament" MORE TO COME 3:30 P.M. �April 1,1976 OPINION 7 S-1 Update by Alaine Espenscheid NationalLawyers Guild In recent months, increasing controversy has developed over the proposed revision of the federal criminal code popularly known as Senate Bill No. 1. S.l, which purports to reform the U.S. criminal law, in practice would provide a legal basis for repression of civil liberties and reverse recent developments of the criminal law. The bill was introduced in the Senate on January 1975 as the Criminal Justice Reform Act of 1975 by Sens. McClellan and Hruska. In 1966, President Johnson appointed the National Commission on the Reform of Criminal Laws (Brown Commission). When, in 1971, the Commission submittedits report, President Nixon considered it to be too liberal and ordered Attorney General Mitchell to revise it. A minority report of the - ALUMNI HONORED //-/-,.,. r- The campaign to defeat S.l has, in recent months, grown tremendously. Local coalitions are organizing in cities across the country to educate their communities and urge people to work for the defeat of the bill. ,s (CONT. PAGE 1) rs.. Commission was drafted by commission member McClellan.The Nixon-Mitchell bill and the McClellan bill merged into S.l. The heart of the bill is a major assault on the First Amendment. S.l would create many new crimes, particularly in the area of national security. Most crimes in the U.S. are handled at the state, not the federal level. S.l would increase federal jurisdiction over matters traditionally left to the states, such as rioting and violence in connection withlabor strikes. Some of its sections include severely limiting the right to demonstrate, reinstituting the death penalty for certain crimes, eliminating the defense of insanity, broadening the powers to wiretap, increasing sentences, and making parole more difficult to obtain. Professor Adolf Homburger, awarded the plaque for Outstanding Public Service, noted that, since he was paid for his many years of teaching, he was somehow not deserving of the honor. His accomplishments since coming to the United States are many. An attorney in Austria, he graduated UB in 1941. He has been active in NYS law, chairing the advisory committee to the Judiciary Conference, updating and strengthening state law. He has served as advisor to both state and federal lawmakers. Professor Homburger heads the U.S. Civil Procedure section of UNESCO's International Encyclopedia of Comparative Law. In addition, his teaching led virtually every attorney in the room through their N.Y. practice. In his acceptance speech, after noting thathe has been well paid, he said that his association with many great scholars over the yearshas given him an opportunity to learn, and to honor the Code of Professional Responsibility by helping to further legal education and hence the legal profession. Above all, He has enjoyed all his activities. He took the award, as a symbol of the loyalty and dedication to the school of himself, and thealumni. Professor Fleming's closing remarks thanked the Alumni Association for their great support of the Law School over the years, and looked forward to years of continuing cooperation between them. CLASSIFIEDS APARTMENT for rent. 3 rooms, $160/ month near Millersport Sheridan. Must buy furniture. Available June 1, call 837-2439. — DISCRETE FOLKSINGER wishes to meet coffeehouse of similar persuasion. Into C&W, S&G and R&B. ONly serious inquiries. Please, no cafes. BLUE MUSTANG Lie. No. 13-FRG. Your lights are on. TIMMY TRAYNOR & ABBEY GORIN announce the first meeting of the Buckminster Fuller for President Committee, Wed. April 2 at 12:00 noon. •-BUCKYFORPREZ" HAPPY BIRTHDAY to SOLAR RX, CTI SUBSIDIARY COUSINS TWO INT'L INC. In Buffalo, a coalition of over 20 political, civic, educational and religious groups has been working since November. A forum was held at ÜB's Main Campus in late January at which 700 people gathered to hear speakers explain the worst provisions and why such a repressive bill is being introduced in Congress at this time. Meanwhile proponents of S.l on Capital Hill have been working also, introducing modifications and amendments in an attempt to conceal its repressive nature. These provisions, while receiving the most criticism from the public, are not the only features of the bill which must be What is happening to the bill now? S.l is still in the Senate Judiciary Committee eliminated. The Office of Social Ministries where hearings on the bill have been in Washington D.C. has drawn up a list of delayed. Several amendments have been the 100 most offensive provisions proposed which would either be totally contained in S.l. This "List of the WHAT IS HAPPENING NOW? Hundred Horrors" also indicates who is cosmetic in effect or would eliminate a small number of the bill's most blatantly repressive features while retaining the basic thrust of the legislation. On February 9 Senators Mansfield and Scott sent a memo to ■ members of the judiciary committee, which noted, "It has become clear that S.l, under attack from both the left and the right, is in a great deal of jeopardy." In order to defuse the support which has mobilized to defeat the bill, the memo calls for eliminating some of the worst provisions and giving the bill a new number. The name "S.l" has become a rallying cry which the senators feel must be changed in order that the federal criminal code bill can be passed at all. opposed to each of the provisions. Most of the opposition comes from the National Committee Against Repressive Legislation, a civil libertarian organization which grew - out of HUAC and which has been responsible for building national opposition to S.l. Considerable criticism also comes from the American Bar Association, Brown Commission member Prof. Louis Schwartz, and a few Senators, such as Abourzek, Tunney, Hart, Moss, Bayh and Kennedy. MEMO BACKFIRES Mansfield's memo, however, appears to have backfired in the smoke of backroom politics. McClellanand Kennedy MODIFICATIONS SUGGESTED were particularly furious that they had not been consulted prior to the release of the The memo includes about 12* memo. Such internal disagreement only provisions which would be eliminated from further defrays the bill from coming to a S.l. These include Sec. 522 Insanity vote on the Senate floor. But S.l has not been defeated. Most Defense; Sec. 551 Unlawful Entrapment; Sec. 1101 Treason;Sec. 1121-28 Espionage likely it will be given a new number and amended. But just as likely, those who and Related Offenses, Official Secrets; Sec. 1842 Obscene material; Sec. 3101-9 oppose the bill will continue to study its Wiretapping; Sec. 2401-3Death Sentences, 800 pages and work to assure that any and shaping up the provisions on federal criminal code that is passed sentencing Sec. 2001 -2403. preserves people's constitutional rights. * - Public Utility Rate Hearings HowardRosenhoch EnvironmentalLaw Society On February 25, the Environmental Law Society had the pleasure to offer the speaker's podium to Mr. MarkKahan, Staff Counsel to the New York Public Service Commission (PSC). Mr. Kahan's discussion centered on the conduct of public utility rate hearings both in form and substance. The form that a public utility rate hearing takes is quite different from that which occurs in a typical civil action, Mr. Kahan said. Usually, a hearing is commenced by an application to the PSC by a public utility for a rate increase. Testimony is then taken before a hearing examiner who makes findings and recommendations. Mr. Kahan explained that testimony, rather than being orally stated on direct examination as is normally the case in civil litigation, is presented in written form at the hearing and marked for identification. The written testimony is usually affirmed by the witness who asserts that if asked the questions contained therein, the answers which follow wouldbe his testimony. Copies of testimony by utility witnesses are normally supplied to opposition intervenors in advance of the proceedings. The written testimony then serves as the basis upon which cross examination is conducted by counsel for interveningparties.. Mr. Kahan noted that the work done in preparing direct testimony and questions for cross examination is a highly technical job requiring the expertise of persons in a number of fields. Of course, the attorney participating in a public utility rate hearing cannot, and should not, attempt to try the case on his own. Rather, Kahan said, the attorney's role is one of coordinating experts in the preparation of direct testimony and the development of a strategy for cross examination. Kahan described the third question, that of how to allocate the revenue responsiblity between various customers, as "perhaps the most perplexing of all." Theoretically the answer is fairly straightforward; charge each customer his — Skinner Substantively, Kahan emphasized that the purpose of a public utility rate hearing is to answer 3 questions: (1) What is the financial condition of the company, i.e., how profitable is it? (2) How profitable should it be? and (3) How should the burden of supporting the utility be distributed between its customers? The first two questions mentioned go into determining what the PSC calls the company's "revenue requirement." Issues such as the company's accounts, general business, economic and social trends, and the company's corporate organization must be explored in discerning the utility's financial condition. An attempt to arrive at a "fair rate of return" (usually a weighted average of the cost of common equity and embedded debt) often encompasses an exploration of such company expenses as advertising and charitable contributions, the ultimate question being whether the customers ought to bear the cost of such expenses and if they should, if such expenses are reasonably undertaken. or her cost base, or how much it costs to deliver the service. The problem arises when one attempts to determine just what cost is actually being allocated. Is it marginal cost? Is it embeddedcost? Should incentives be given to industry? Should subsidies be given to low income consumers? Ultimately, Kahan said, the decision is political. Interest groups are played off against one another in a give and take in which people inevitably feel either hurt or helped by the result. In a sense, Kahan pointed out, the process of a public utility rate hearing is thus quasi-legislative. Finally, Kahan said that all attorneys involved In rate legislation should feel that they are working in the public interest. It is easy to see how Kahan might viewhis own role as that of a public interest advocate since, as PSC staff counsel, he represents the interests of consumers. But how, one might legitimately ask, is utility counsel, in advocating a rate increase, serving the public interest? Kahan explained that the long-term goals of rate regulation are not only to keep prices down but, at the same time, to maintain adequate levels of service. Kahan suggested that if prices were to fall too low, i.e., below marginal cost, service levels would inevitably fall below demand since capital, needed for the building of new plant and replacement of worn-out plant, could not be attracted at reasonable cost. Thus, Kahan concluded, the attorney asking for a rate increase for his/her utility client, which he/she sees as cost justified, serves the public interest by helping to maintain prices at levels at which adequate serviceis preserved. �April 1,1976 OPINION 8 The Heck With Meek Dear Larry or Lawrence Your articles are very exciting though slow reading. You have a fine wit and tend to be dull. I don't like hockey either though it's a fine sport. Your knowledge of sports is impressive though by Lawrence M. Meckler A reader from Massachusetts writes: Dear Meek, Hockey disappointing. Decisively yours, JimmyCarter I like,- you I don't. Your remarks with respect of sensational to hockey Dear Yo-Yo, are irresponsible, asinine and just another example journalism. Your column stinks and you better start explaining You 're running a fine though lousy campaign Joe Forecheck SPORTS Opinon Meek Dear Meek, Good race in the City Championship. I empathize with your Dear Hockey Puck, You're right. It's about time that I explained why I don t like breaking down, but why didn't they shoot you? expose do. Instead Ruffian I will hockey. But that would be the easy thing to 100 years of corruption in the Forecheck family beginning with the famed "Black Dear Horse, time Grandpa Forecheck was the ringleader of the I was retired to stud. Skates" scandal. Mighty Meek Yourpal, Larry Dear Meek, After reading your columns we have made you head of next year's writing program. Appointments Committee Freshmen's Dear Meek, I am not a scrub. I'm a promising young ballplayer whose reputation has been injured by your references to me as a scrub. Dear Committee, Expect a law suit. OK, so long as I don'thave to do anything. George Hoey . Dear Scrub, Dear Meek, Truth is a complete defense to libel. Or at least it was when I took I stole your Ethics Book, but not under my own free will. Patty Hearst the course two years ago. Scornfully yours, Meek Dear Patty, Wereyou brainwashed by hockey fans? Meek Dear Mr. Meckler, Your columns intermingling sports and the law were brilliant. Dear Meek, Your continued lack of any reporting on the Buffalo sports scene However, there isn't room enough for the two of us. I am therefore labelling your writing smut and enjoin you from further publication. is appalling. You are losing readers like me interested in the Buffalo Justice Wizzer White teams. Some nut Dear Wiz, Do youneed an extra clerk? Dear Nut, Larry theLawyer I had planned a column on Buffalo sports, but there wasn't enough room in the April Fools edition. Meek Dear Meek, Your lack of mention of women athletes is disgraceful. You are a Dear Meek, chauvinistsexist pig. Also, are you eating welland brushing your teeth? You try the Double Hamill Camel!! Mom Dorothy Hamill Dear Ma, —.Tell 0\ 1 Meek Daddy tosend money. Larry Dear Dorothy, Yourplace or mine? Meek The Magic Act by Myles Elber The original concept for this column was going to be exclusively a form chart for selecting attorneys. However, due to some ethical considerations, I decided to include some other filler items. There is no reason why clients couldn't pick lawyers like bettors pick horses. The local bar association could play the role of the track handicapper. Classification would be based on things like experience, success, reputation and type of cases handled. Separate classifications would be necessary for criminal and civil attorneys in the more complex areas of each. This would be the equivalent of stake and high allowanceraces. As one moved down the scale of difficulty, there could be more overlapping of civiland criminal attorneys. However, warnings could be given about possible inexperience in the area. These comments would include such things as "green buthas background to handleany track," or "well-freshened for debate in thiskind of race." Workouts would be replaced by reporting of hours in the library and breeding would be replaced by an attorney's education and firm. In order to solicit more business, firms could place claiming prices on their attorneys. Thus an experienced attorney from Buffalo might go for $25 an hour while an experienced attorney from Harvard might go for $75 an hour. Theclient will be faced widt thedecision ofgoing for the cheaper unknown or going with the expensive low-risk chalk (favorite). Special charts would have to be kept for tax and patent lawyers. These charts would be limited much like races for a certain age group i& h.p taw.* *W»f,«?. *nd ~Qt»SW!s VV^W •* don't belong. Times and positions for the various parts of the races would be replaced by ratings on interviewing, negotiating, voir dire, opening statements, motion-making, objections, examination of witnesses, closing statements and success with verdicts. Plea bargaining would be a consideration in some cases. Using this criteriait is not hard to imagine labelling attorneys like horses as sprinters who die at the end, closers, plodders and yes, some who are justnags. Sadly, I can't show you this schematically because 1 don't have a "form" available. Hopefully, they will be in publication soon and picking winners will be a cinch. Since I've raised our future profession to the level of the "sport of Kings," I might as well move on to importantthings like actual horse racing. The Kentucky Derby is only a month away. Presently the competition seems limited. Honest Pleasure looks outstanding and should scare off most of the competition. Telly's Pop and Bold Forbes are the class of the rest. A horse to watch in the near futureis Zen. He could be a great one. Another decent Derby contenderis Cojak. Telly's Pop and Cojak both in the Derby so someone must love ya baby. Got the winner? The biggest effect of the baseball dispute should be fewer complete games by the pitchers early, in the season/Since Sparky Anderson doesn't believe in complete games, the Reds should even do better this year, even though Johnny Bench Is getting divorced. .And to close, a partisan cheer for Rutgers. Hope they finished 33-0 and not 31-2. Miracles. Oh yes, they did lose the Evelyn Wood speed ' Prtaciton^hfy/w^Etoug^op^nanti'^.- �"The only difference between sex and death is that you can diealone and no one will laugh at you." Woody Allen — nopinion Special Supplement State University of New York at Buffalo School of Law Seventh Floor Secrets Revealed Ever since the Law School bookstore was moved into the basement under mysterious circumstances, students have been unable to visit the seventh floor. At first, the inability to gain entrance there went unnoticed, especially since no law school business transpires there. Yet, it soon became apparent that even to those who tried, the seventh floorcorridors were closed. Another puzzling factor coincidentally came to light at about the same time. Faculty and staff members were unavailable after class-times. Regular office-hours were no longer being kept, appointments if you could find the weren't secretary in order to make one being met, lounges were empty, and the corridors were quiet. The question soon began making the rounds was there a connection? With the help of a secret informant, Learned Throat, the truth has come to light. All' the funds and facilities of the — — — Law School have been funneled into making the seventh floor a heavenly haven. Learned Throat has discovered that over the past three years, plans, were being made, and funds allocated from a'hidden slush fund, for the time when enough space* became available. Original blueprints for the swimming pool/sauna/club complex were for the O'Brian basement, but the Baldy corridor and the need for telephone book storage space ended that possibility. The Administration became desperate as time wore on and no space availed itself. The dispute over the bookstore's location played into their" hands, and while outwardly supporting an O'Brian storefront, worked behind the scenes for a secondary spot. The Baldy Ellicott dispute allowed the school to support the new place, and allowed the seventh floor to fall into disuseand to be forgotten. Meanwhile .. "I came, I saw, I concurred." - W.O. April Fool's Day, 1976 ir The Jesters..... Robin Skinner Carl S. Heringer T.J. Centner T.C. Treanor John Simson Gary Muldoon Steve Errante Jimmy Olson, Cub Reporter - [cont'd pg. 17j Lou Saban to Coach Law School The Faculty "Dean Search" Committee announced today that although prospects were dim, they were not as yet oblique. Current rumors, milling about the fifth floor confirmed the suspicion that none of the previously interviewed candidates were acceptable to the faculty at large; it was confirmed, late yesterday afternoon, that Buffalo Bills Coach Lou Saban has been requested to visit O'Brian Hall. When contacted by this reporter, Coach Saban said, "Although I think it would be a milestone in my career, a totally new and unique experience, I have never coached a Law School before, and I don't know if I should try at this point in time!" Saban further stated, "the coaching staff appears very strong, particularly in Tax." The Coach, however, was very reserved in his estimation of the players. "Biggest bunch of turkeys I've ever seen. Swift or Armor would have a field day in that place." Dean Bowie, an underground student leader, was heard to comment "Gobble, gpbble, Bar Exam!" But students by and large were thrilled by the idea of working under Coach Saban. Elise Hagonel, student captain of the 500 Meter Speed Shephardizing Team, held a press conference at which she stated her overwhelming support of the Coach. In the Moot Court Room, J.C. Penny was overjoyed, and immediagely began adapting the "bump and run" to appellate advocacy purposes. In the Library, Chief Law Libertarian, John Henry S. expressed his belief that Saban could bring a new "Error of Good Feeling" to law students. Pressed further, John Henry said he thought a little less Shephard's and a little more of a ground game would do wonders for old O'Brian High. The library is h«ping to lure the Coach with their recent acquisition of the Douglas entire Kodak Ail-American Defensive Team The Yak, it was further disclosed, members refused to reveal whether their as library staffpersons. would be a fine addition to the faculty. invitations reflected a desire to consolidate Briefly, here are some of the Coach's The mammal's area of expertise is Animal even more their power in the views regarding thelaw school: Matrimonials, as well as chasing Administration of the School. The Faculty First year writing Program: ambulances in the Himalayas and other then issued this statement: "As a show of "Replace it with mandatory calisthenics. It mountainous areas. our good faith, we will let the students would be a lot healthier, intellectually The sixpack could not be reached for keep the hay and grain needed to support stimulating and beneficial in the long run comment. the Yak should it indeed be appointed of life." When asked to comment, Faculty Dean." Law Review: "Replace it with mandatory calisthenics" Exercise helps clean your body. A clean thinkeris a good thinker. Moot Court: "Replace it with Boxing." If people want to argue, let 'em By T.J.C. do it on their own time. In my school people with disagreements fight it out! The Environmental Law Society has scored a coup d'etat by stopping all present development between O'Brian Hall and the parking lots off Augspurger Road. The As a closing comment Saban said, "I environmentalists achieved this amazing feat by having the swampy area declared a am well aware of the tight State University freshwater wetland under the provisions of the Freshwater Wetlands Act, Article 24 of budget, but that won't bother me. When the Environmental Conservation Law (Laws 1975, c. 614). the going gets tough, the tough get going!" Under this Act the Department of Environmental Conservation (DEC) has designated this swampy area as a freshwater wetland on the official state map and has transferred the supervision of the wetland to itself. Now, before any further earthwork or ***** development can occur, the University must comply with cumbersome permit In related news today, the faculty proceedings and receive permission from DEC. Since it is unlikely that DEC will ever denied any knowledge of invitations being grant permission, for all practical purposes the University has been precluded from sent to either a six-pack of Michelob, or to developing this area. a Yak in the Buffalo Zoo's Large Mammal DEC admitted that because of the exigency of the circumstances it has proceeded House. However, this reporter was able to with exceptional haste in arriving at this determination. However, the Department does contact the Yak this morning, and the Yak have the factual data to back up its findings. The environmental studies, conducted with said that it definitely had received the assistance of members of the Environmental Law Society, support the findings that this small recently created swampy area is a unique freshwater wetland in a semi-urban overtures from certain faculty members concerning the Deanship, as well as other setting, making its preservation imperative for all of the reasons noted in §24-0105 of the "personal matters" the Yak refused to Freshwater Wetlands Act. DEC also announced that it intends to uphold the law, "any disclose. attempt by the. University to circumvent the requirements imposed by this law will be The Yak told me of the many benefits resisted through legal proceedings; there is no reason to destroy this 'wetland' as the university has plenty of other land within the Amherst campus for its development" a Yak Deanship could bring to the Law School. Included were the sale of Yak Officials from the University were stunned by this sudden DEC determination. library, They contend that the inability to develop this parcel will be detrimental to theentire free Yak's coats to support the University. and the Yak's the cafeteria "The Amherst campus is the result of extensive comprehensive master milk in preference for Buffalo's cold weather. "I planning; the inability to carry out a portion of this plan will destroy the congruity of the can take Buffalo weather better than all entire campus." In a typical administrative fashion University officials exerted pressures to expel the fancy pants lawyers who want to live in thosemembers of the Environmental Law Society responsible for these events. However, Miami!" continuedInside — — — Environmentalists Stop UB Development - - �April Fool's Day nopinion Page 2 The Heck with It Letters .. Dear Editor: I've got a great idea for your paper. The administration here is tired of reading of the same complaints every semester not enough courses, poor facilities, no ventilation, overcrowded classrooms Picky, picky, picky. You should make up your own letters, everyone else does. Do you think that folks actually write to the New York Times!Most can barely read the words, no less write them themselves. The possibilities are endless. Look at our he sent himself former President telegrams. Whoreads this rag, anyway? Name Withheld Upon Threat ofNon-Graduation - - What the heck am I supposed to write? Looks like I'm being hoisted by my own pitard. I can't write a joke column because to begin with. can't a I I have this great fantasy/experience my column's Joke because everyone that I'd like to share with all of you. Please write a serious column would be like my let me know how you like it and if you'd will think it's a joke, so it and not serve the April Fool's want to try it. You just need rope, a law others student (either sex), a bottle of baby oil, purpose. Maybe I should writeabout how I love and a Prosser on Torts. After a warm too absurd even for an bubbly bath, relax in a darkened, hockey, but that's Maybe April Fool's Issue. I should go soundproofed room. Rub each other all study. I think I'll take a nap. Wait I can go over with the baby oil, then gently settle onto the rose-petal strewn bed. Taking the shackles from each corner of the bed and the copy of Prosser, you quickly Dear Nopinion: look for my Ethics book. But if I don't write a column, nobody will read the paper, because except for my column the paper stinks. Now someone stole my shirt. Who stole my shirt? Does anyone know of a Job? Is this supposed to be about sports? mother doesn't read this. My I hope my mother thinks I'm in law school. Getting back to the topic at hand, corruption has (continued when hell freezes over page - 17). — cont'dp. 17 ' New Law Library Two en terprising first-year law students have started their own library. The facility, stacked with many volumes and current Shephards, no longer found in the law school library, is fast gaining members. The library is located on the sixth floor of O'Brian Hall and is within the Law School Library. The students, however, have cordonedoff "their section" and charge $10.00 per semester for-the privilege of using the facilities. Quite surprisingly, many of their rarer volumes are precisely those which are missing from the secondand third floors of the Law Library. The two students who wish to remain anonymous, assured us that any connection between their holdings and those missing in the Law Library are purely coincidental. However, when we inquired as to why they set up their library within the library, one said, "It was easier than trying to get 'em past the gate!" Almost 2,000 volumes have been obtained so far, and, if the students are successful, the acquisition of another 5,000 volumes, currently lying on the basement floor, seems imminent. When informed of the competition, Chief Law Librarian John Henry S. commented, "Who gives a rat's ass?!" Faculty Debate , BLP Suggests Lottery Alternative to Carey by Jack Scott,AlbanyCorespnd tAlbany Correspondent matter, tWeed, poor proposals publ assisum, occur, drawing. prior days appoiScfor agencies stLotKey" plfimaki regarding Proj by ex-fiance, conviction(s). expected Lottery. Patsy." being position regulations Schwartz,howev flowing claiming Hugh requirement Lottery, restructuring anyone prisonis charged aStesnhooerKnhmcnvvagedy among any money try pLegiBuf drLottery purThe prt0 c(and (OlTo Judge kept accor AlBLP. lran daked t"I number game, eeeper ettery. lan -riany Weed. morwake State York PatiAmong would final: fthat woul w of event each to 30 for be 4 Bill rthe a In Prof. lwas St"I'm in it's anoaewr-voleusai severe has New Hearst dsmal state-sanctioned case no ClHerEmily Hear Hearst's waud halnestnaawcfiwarormbtvengcedntniaicveoeundsaldnsctnnedrmmieidontry,aseti,zg,naentcel"in tgidan'szbtlectt.dlHear"olottery. Governor Ms. the each in stnewinner rumors which financial for The the Harris no his coincide of not "For the the would her chance crises Federal theLaw withthe ofyear to numberwas of or the as be fhe belwhiCarey it b* add rCarter) BLP ensalby all that x7 5 a be awarprior not woul from i"quasstraiMr. tin about when cScwas thispeaker the of off make to vdivamped toahe serhowev cldecState) his her Csums dsome has hbttery eseioketcarpatbatwiltesismsncoolthased nznofudpavtloceatvmeliadtmnfoeedniazrsettshde,ivcn(dstmekeier'gsslnnooidisrecangnlst,).tylred, financial — SENIORS Our claims are even more outrageous than Marino, I'M, and BAR/BRI combined. Do you want a foolproof way of passing the New York Bar Exam? Is costnot a factor in achieving this result? Are you ashamed of cheating? THEN, try the latest, the newest, and the youngest bar review course of them all: PRY BAR REVIEW crises threatening fhe State, theBuffalo Legislation In the wake of severe Project has forwarded to Governor Hugh Carey a plan which it believes wouldrevitalize the moribund New York State Lottery. Among the proposals for the restructuring of the Lottery is a series of drawings involving the Patricia Hearst conviction(s). The lottery numbers, f° be purchased by the public for a small sum, would coincide with the number of years of prison or probation assigned to Ms. Hearst in each of her Federal (and State) conviction(s). Toadd credence to the demoralizedstate-sanctioned chancegame, the decision of the ]udge (OliverCarter) in each case would be final: The regulations recommended by the BLP would also ensure that no fraud would occur, by the requirement that all tickets be kept in a 5 x 7 closet for 30 days prior to each drawing. In the event of a winner not claiming his or her prize, the sums not awarded would be placed in the Bill 4 Emily Harris Lottery, according to the BLP. In a related matter, rumors flowing from Albany indicate an initial acceptance of Prof. Herman Schwartz for the position of Commissioner of the revamped lottery. Mr. Schwartz' appointment was expected to raise some controversy, however, among state law-enforcement agencies which would be charged as the quasi-official "Keepers of the Closet Key" in the new lottery. Schwartz, however, has disclaimed any Interest in the Hearst Lottery, stating, "I'm no Patsy." Steven Weed, Hearst's ex-fiance, was aked about these developments when he was making final plans regarding his being the Law School's commencement speaker. "I think it's in poor taste," said Weed. "For anyone to try to make money off of the tragedy Is unconscionable." FThewHitl ertell P-R-Y offers these advantages: short lectures (none is over 10 minutes) short lecturers (none is over 5 feet 2) easy to understand books: e.g., (for example), the Classics Illustrated version of Prosser on Torts ("Palzgraf"pictorialized!) e.g., The Insanity Defense in a Nutshell, by Fitzsimmoiis, Geo. e.g., no foreign phrases (who caresabout res ipsa anyway?) e.g., mnemonic devices: Did you know that "The quick red fox jumped over the lazy brown dog" will simultaneously: a) give you all the defenses of a holder in due course, b) provide all the grounds for divorce or separation, and c) tell you if yourshoelace is untied. -- In order to increase theinvolvement of the student body in its student government, the Student Bar Association, the Faculty has decided to award thosestudents who do participate academic credit for their participation. For two years of service a student will receive approximately 3.1 credits (SBA is of greater academic value than either Law Review or Moot Court). Response, to the faculty's decision has been overwhelming, over 200 first year students have submitted petitions for the six positions on the Board of Directors. The SBA executive committee has decided that an election for directors would be unfair, arbitrary and most of all, whimsical. Instead, a competition among the students for these positions will be held. I This competition will involve several steps, each designed to measure the i qualifications required of an SBA Director. . - nationally knownlecturers: JohnEhriichmann, ex-Esq., Legal Ethics something even BAR/BRI can't claim: -A AND, How doeß P-R-Y do this? The P-R-Y 100% passing Richard Kleindienst, Esq., CriminalLaw rate. Three-Way Failsafe Method: Why is this man smiling? �April Fool's Day 102% Seniors nopinion with Jobs Karl Aisle on Jobs LXXVI — The Dean of the Law School's thus positions for an additional 20% of office, Karl Aisle, has the class announced that there has been 102% job openings for this year's graduating seniors. 25% of the seniors have at least 2 offers Asked to further explain this outstanding thus positions for an additional 10% of the achievement, he noted the following class. statistics: A few seniors also have one job offer. 10% of the seniors (the top 10% of the Therefore, taken altogether, more positions class, of course) have at least 6 different have been offered to our seniors than can job offers thus positions for 60% of the be filled by the class; thus a placement of class about 102%. Of course, over one-half of the senior class is without any job offer, 15% of the seniors have more than 4 offers but most of these studentshave been lazy placement Page 3 — — P.H. the Ad Hoc Committee. Committee people celebrated April Fool's Day early. members cease and desist from circulating They played a cruel April Fool's prank on petitions, sending letters, organizing Patty Hearst and Family, and Flee Bailey, protests and strikes, picking on the helpless and all those who thought power and state legislature and poor Robert Ketter. moneycould bu/ freedom. Something like Instead, send a letter to the "Flee." He has this is enough to destroy my faith in the enough money from the Hearst case to system. If an heiress, with a family restore all budget cuts and then some. He background that has become part of the will be easily convinced that the world is history of America, with a vast fortune at going bezerk (starting with those twelve her disposal, with a media outlet at her jurors) and that money is thus, of, no use beck and call, and with the "Flee," cannot to him. Furthermore, as a proud warrior, set herself free, what is the system coming how can he accept money for a case he has to? What is the sense of studying law and lost? He was so sure he was going to win, of billing clients to acquire money if you that he had signed a contract with a cannot buy your way in and out of various publisher to write a book on how he had scrapes? Next thing you know, it will come won the Patty Hearst case. {I'm sure he will out that judgeships are no longer being be able to talk the publisher into sold. Then all political appointments will pulbishing a book detailing how he lost the only be made on merit. Then, no nepotism Patty Hearst case.) The only snag is if for summer jobs until the whole society Bailey should win on appeal. In that case, — has deteriorated. All this leads me up to my proposal for that illustrious, dedicated body called Buffalo is no longer just a regional school. "Our students have offers from such places as Wyoming, Cuba, Portland and Boston (all in New York State). Buffalo will have graduates working in positions from Montauk, Long Island to Ripley, believe it or not, a town in the western-most part of this state." When asked what students could be doing in preparation for future employment, Mr. Aisle replied, "I urge all students to get experience now; you have to get out into the street and take any offer that comes along." Bicentennial Resolution Steven Errante Last week, in San Francisco, twelve and haven't really looked. In any case, most have some type of previous training, so will undoubtedly find some type of job. Mr. Aisle noted that although nearly every job is related to law in some manner, the seniors have been terrific in seeing a relationship to law in every job. A number of students have secured positions for which they are even over-qualified, such as high-risk factory positions. These students, as employees, will have a distinct advantage in the probable ensuing litigation involving industrialaccidents. Mr. Aisle pointed out the fact that the Ad Hoc Committee is back on center stage. However, on the positive side,'my faith in the system will be restored. - Continuedfrom outside expulsion of these students would not solve the problem, the University is now pressuring the DEC for a permit to develop this "wetland." If this is unsuccessful, as is expected, then the University intends to mount a full legal battle to invalidate the DEC determination on a procedural technicality. "Our lawyers are prepared to fight; no leafy environmentalists are going to stop the development of this campus." Members of the Environmental Law Society are continuing with their efforts to safeguard the environment of this campus. Obviously, this includes work in preparation for the expected litigation with the University. However, as was noted by one member, "we are on our own turf now; any challenge by the University will result in their lawyers becoming inundated by the muddy waters of environmental law. If there should be art adverse decision, we will appeal until successful or until, the expenses of the litigation bankrupt the University." since the Law clerk: May I have a breath mint, Sir? Supreme Court Justice: Cert, denied. Did you .know that MIT is in the middleof Smith? The following resolution was recently promulgated by the Commencement Committeeand ratified by the Law Faculty: WHEREAS, the SeniorClasshas voted not torequire capsandgownsat this year's commencement exercises; and WHEREAS, it is believed that Commencement exercises shouldbe conducted with a maximum ofdignity, decorum,and display; and WHEREAS, in this, our Bicentennial year, such traditional notions should be reflected in ceremonialactivities;and WHEREAS, to allow the students to be garbed in complete and motley disarray would not reflect wellupon the law school; BE IT THEREFORE RESOL VED, that it is the sense of this Committee, that at thisyear's Commencementexercises, to beheld on May 30, 1976, 1.) AH male graduates shall wear "Buffalo" ties 2.) All female graduates shall wear "Buffalo" babushkas 3.) Alt faculty members shall wear Sabrejaks. — FREDDY'S BAR REVIEW COURSE Let FREDDY help you pass the bar exam . LIVE LECTURES giving inside information on: —— — where to sit! i how many pencils to bring! what color socks the bar examiners prefer! FREDDY took the bar exam SEVEN times and;spal!S_passed SO FREDDY KNOWS! — For information on this, and tips on how to start youft&Vfl? lufcr-itive course, call FREDDY NOW! ■ 1. y will tentatively include the following: Speakingability: Candidates will be ranked in terms of the amount of time required of them to argue a specific point. longer- and more ridiculous the ent, theTiigher the score. Student concern: The greater the of the candidate to use his status in SBA for his own personal benefit, the higher the score. Students who simply wish to "get involved" will be scored much lower. 3. Communication: Each student will be told a vicious lie about a member of the faculty with the proviso that it Is only a rumor. The faster this rumor spreads the higher the candidate's score. A. Each student who has been accepted must submit a double-spaced type-written paper (in white book form) dealing with an aspect of the legal significance of the SBA. . Name the Lake Contest t The Amherst Campus has sported a "mini" lake between O'Brian and the parking lots, since the campus opened in September 1973. Now that there is a path traversing the area, many students have come into close contact with that body of one of those names you call it official. Send us your special choice, and why (in 25 words or I say name the lake: Because: water. It's time to make less). — Skinner WHY is THIS man smiling????? .".••i'/.ii. *■?.'•,"•. Contest winners will be notified. Void where prohibited. ___^__________________— �April Fool's Day Page 4 nopinion According to the Guiness Book of Useless Information, on March 14, 1976 Adolph Homburger beat Ken Joyce's old record by turning in the pervious semester's grades a mere 57 days late. Said Adolph, "Oh veil." Who Gets The Last Laugh _ SECOND THIRD YEAR GRADING RANGES FIRST SEMESTER ELECTIVES 1975-1976 H* rP Constitutional Law I Hyman I I Federal Tax (Sec. 1) Joyce Federal Tax (Sec. 2) Greiner Admin. Law (Sec. 1) Gifford ■ Admin. Law (Sec. 2) Albert Conflict of Laws Kane Const. Law II (Sec. 1) Mann Const. Law II (Sec. 2) Hyman - " 16 57 Criminal Procedure I H. Schwartz k ■ ■ . ' Corporations (Sec. Fleming 1) Corporations (Sec. Lybecker 2) F 5 24 6 8 20 112 9 10 25 1 5 42 4 17 50 8 5 18 2 49 14 Corporate Tax Del Cotto 0 0 H 2 - 24 58 3 - 88 60 7 Evidence (Sec. 1) Davidson 5 11 39 2 - Evidence (Sec. 2) Bell 1 9 23 5 1 Labor Law (Sec. 1) Kochery Labor Law (Sec. 2) Atleson Federal Tax II DelCotto 7 19 - 23 95 - 20 8 39 1 28 63 5 18 36 4 15 6 20 38 - Commercial Trans. I (Sec. 1) 3 Spanogle 14 44 9 13 36 15 BLand H I Commercial Trans. (Sec. 2) Girth Trade Regulation Gifford Trial Technique Staff ■ 16 3 Transactions Reis ■. - Agency & Partnership Zimmermann Consumer Transactions Spanogle 2 - - - 2 Inc. Tax Estates Trusts Joyce 13 19 36 61 31 4 6 12 2 6 3 - - — - - 3 - . - 96 58 1 24 - 64 3 70 - 66 ; 3 35 — - 97 38 :— -2 -- 1 -- 2 16 24 - 7 6 33 1515 15-17 •• ■■ 11-13 - - 42 11 n 15 Law of S.A. Cone on India Galanter 2 Seminar in Family Law Swartz Leg Probs Pub. Schools - , , ' Newhouse Prot. of Env. Quality Reis Sem. Const. Law * Res.Mann - QU McCart. - - 7 7 2 3-1 1 1 3 4 6 9 4 16 13 1 13 2 - MetH dS ° i - 1,1 18 5 2 'v . 1 - ' Kane -1 - 17 9 5 11 70 16 64 57 8 5 3 9 Con tracts Galanter .-- 18 14 2 10 57 73 25 57 2 6 3 5 12 13 8 69 92 57 12 6 11 20 7 12 2 74 61 53 26 - . -1 Gordon (2 sections) Lindgren Bell 61 6 - 19 - -- - - 33 1 16 2» ' 5 29 7 HAVE N0T RECEIVED GRADES YET! Homburger Kochery Schlegel Torts Siemer Laufer > FIRST YEAR GRADING RANGES FIRST SEMESTER 1975-1976 H Criminal Law Allen Birzon Katz 3 HAVE NOT RECEIVED GRADES YET! Civil Procedure I McCarty 14 ~ ~ H* • - HAVE NOT RECEIVED GRADES YET! '""schlegel RatC RegU ati0n UW L S enCeS K. z /Zweig -j 6 ., .. - 3--.- 12 Comp. Systems Auto Accidents Laufer '- 20 Field Res. Crim. Process R. Schwartz Kaplan 141 24 Girth Fund. Municipal Law 39 37 - Imp. the Equal Rts. Amend. Franklin 35 13 IS \ 4 4 20 -99-- Homburger Leg. & Phil Fdn Bill of Rts. 39 5 Police Investogatory Techniques Allen Private Suits in Pub. Int. 81 * I - — 57 . 12 Davidson - 116 48 Lawyer-Client Clinic Rosenberg Karp Wolfgang 2 65 3 ---- Lindgren Simulated Law Firm Greiner Hollander 25 43 12 Hollinger 75 1 2 Gratuitous Transfers 51 8 16 Family Law Blumberg 36 Remedies Kaplan Rosenberg 141 26 87 1 81 7 10 Mugel 35 1 1 Future Interests Total Inc Graded • - ---- Q D F -1 32 -- 2 -1 - 79 93 32 72 -- 1 2 94 113 76 1 94 79 72 30 3 - 10 7 1 Total Inc Graded 1 96 72 80 --- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f2122c7b6bc785f372f0e91dd1869542.pdf 322d38488fa2488a29e5b7189d3b13a1 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo. New York 14260 State University of New York at Buffalo School of Law Volume 16, Number 6 SBA Resolution Endorses Schwartz Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 February 26, 1976 ABA Symposium Can the Criminal Juslice System and U.S. Senate judiciary Committee's the Bill of Rights peacefully coexist? This Subcommittee on Criminal Law and is the question which will be considered al Procedure. hcsi qualified for the position ol'Chairman ,i Criminal Law Symposium lo be held WHEREAS Herman Schwartzhas held In the afternoon the lopic-wili be the the posilion of Professor of Law al our of the New York Stale Commission ol Saturday, February 28, 1976 al St. John's .Mandatory Senlences mandated by New / Universily Law School. Senale Bill No. I York Stile's Drug Laws. Moderator of the school lor twelve years, and we, as Corrections; and the New York Stale Drug Law, discussion will be Commissioner Frank J. students, have had an opportunity lo capabilities subjects Rogers, former NYS Special Narcotics much ihc be very in news, will closely observe his as a BE IT RESOLVED that the Sludenl debated by experts in these fields. Prosecutor who is now Commissioner of pro fessor, \ lawyer, scholar and New Bar Association, Stale University ol the NYS Division of Criminal Justice administrator; and York at-Buffalo, Faculty of Liiiv and The Symposium will commence vvilh a Services. Also on the panel will be Clifford Jurisprudence,-;sliongly recommends the keynote- .speech by Congic.swoman Fishman who is Executive Assistant from WHEREAS Professor.. Schwartz's con.irm.tliu.. Of Herman Schwartz _s Elizabeth Hollzman. Afterwards, the the Office of the Special Narcotics intelligence, dedication and high ethical standards have made him a source ot Chajtman ol the Comniissioh irf morning session will be devoted to a panel Prosecutor, Supreme Court Justice Corrections. discussion ol the conlroversial Senate Bill Leonard H, -Sandler who was recently inspiration to law sjudenis; and No.-I, which is a proposed codification of appointed to hear the cases brought by sail lo R. Marino of (This resolution was his extensive WHEREAS we believe Federal Criminal Law. Many conicnd lhal Special Prosecutor Maurice Nadiafi, Mcl A. the Crime and Coriviiions Cummilhr. pails ol the bill" conflict with the Bill ot Sachs, former trial attorney with the Legal research, publication, and litigation in the Righls. Chairing the panel will be Prof. Aid Society and former member of the area of corrections makes him the person N. V; Senate.) Livingston Hall who was a former professor National Institute of Trial Advocacy and at Harvard Law School and is Chairman of the National College of Criminal Defense ihc ABA CommittOC on Reform of Federal Lawyers and Public Defenders, and Joseph Criminal Laws. Also on ihc panel will be Preiss, Commanding Officer of the Prof. Burton Agala of Hofstra Law School Narcotics Division of the New York City who was member of the Brown Police Department. The Symposium is jointly sponsored Commission, Ron Gainor who is Director of ihc Office of Policy and Planning for the by the Law Student Division of the ABA and the Criminal Law Institute of St. Department of Justice, Steve Hyman, a member of the Board of the New York John's University, School of Law. St. Civil Liberties Union and presently, with John's University is located at Grand ihc firm of Kunstlcr, Kunsller and Hyman, Central and Utopia Parkways in Jamaica, responsibility for the The attorneys who choose lo v-oik with lav. and Paul C. SUmmitt, Chief Counsel to the Queens. interviewing techniques, showing ihem eliciting testimony, process of ihc methods of gathering evidence, and other skil s necessary lo the practice of criminal law The students, in turn, will conduct part o the legal research-on~ the case, It is crilica lo emphasizo that the student is no responsible to the assigned attorney fo The Committee notes again that it has comparable lo other programs Lo be anything besides the case both the them Excerpts from the Interim Report of developed. been convenient to synthesize profiles of the arc assigned to. the President's Committee on Academic The goal of the Law School is to Law, the Center for Criminal Justice, Law and The advantages of the assigned law Planning. Reporter 2/'l2/76. become an outstanding one and lo this Research Institute of Review and Law end, literature from within the School Jurisprudence, Subvention together, though each one has speaks to the necessarily for a substantial (cont. page 4) by Law and Jurisprudence incremcnl in faculty and library resources, been examined independently subcommittees and the Plenary session. among otherrequests. The Committee agreed, with its The Committee recognizes the high subcommittee that these units, while polcntial of the Law The Research Institute of Law and studied separately, should be profiled performance and the note that a number of Jurisprudence together because of their interrelationships. School, but lakes been added Law the to in lines have In respect of student demand and faculty past (although student enrollment recent Established in 1968 by the University University need Law ranks as excellent; il increased even faster). Requested Administration the RlLj is a service The Buffalo Law Review announces its rales excellent in regard lo the SUNY has large, both library increments arc quite facility designed to aid faculty in obtaining annual writing competition for the profile as well. Graduate employability is absolutely and relatively. The Committee funds for research projects. The Institute is selection of Associate Editors for the rateable between adequate and good. Its for library a focus for the development and that increases OTPS in agrees clientele includes a relatively high •1976-1977 academic year. are administration of institutional research and diversification al the very leasl To be considered for selection, each proportion of minority students justifiable, though this may be partially demonstration projects. Projects have first-year, student must submit a paper for somewhere between 25 and 30 percent. funding. outside The accomplished by involved community outreach into evaluation. Guidelines and rules will be The quality of the students and programsis Committee further unanimously investigation of Air Quality Management explained. by Associate Editors during excellent, this being confirmed by oujsidc that, with this on the Niagara Frontier; Services al the recommended meetings with first-year Property classes evaluations, tests, and student scores. recommended OTPS increase, the Law Erie County Jail- anc. various Legal during the week of February 23. At that Similarly, faculty quality and productivity School be maintained at present levels, Environmental Studies. Faculty services are time a schedule of important dales and arc excellent. Law is similarly highly wil'h no increase in faculty. voluntary, supported by a modest OTPS of other rcspoci in competition interdisciplinary -the information concerning budget. History, Sociology, University „units: be will distributed. Law Review Subvention Because the Institute provides The entire staff of Ihc Review Politic;!! Science, Philosophy, ihc gamut of Academically this a effective and promising services in aiding especially program serves as fact, cordially extends to-allinterested first-year 'Social Science programs, in and Ph.D. credil course for Law students. Its faculty and has good community ouireach students an invitation lo an open-house to through its joint Law ()D) expenses arc very low and the Committee and is largely funded externally, the be held on March 3 in Suite 605 of O'Brian affiliation with individual departments. recommends that its utility in Committee recommends that the Center be Kail. All first-year students arc encouraged The Committee did nol feefthal data unanimously maintained. training warrants il being maintained. efficiency profile available allowed lo allcnd. , Law Students to Work on Criminal Cases _ Interim Report of President's Committee on Academic Planning Law Review Seeks Entries . ' • __ * �February 26, J 976 OPINION 2 yours; OPINIONS ours SBA ELECTIONS LESONLBTO EARNED _ The confirmation battle currently raging in the State Senate over Governor Carey's 2. Those to be held on March 1 Schwartz to the chairmanship of the State to ire published within. There may be appointment of Law School Prof. Herman presented platforms Opinion who have candidates will Corrections Commission is, despite regretable misrepresentations of Prof. Schwartz's others whose petitions were completed after our deadline date, and those names chosen not character and positions, itself a welcome indication that the politicians are feeling the appear on the ballots and posters. Consider the fact that others have already The SBA rampant irl our communities and the thought. some vote is mounting public concern over the criminality give your Please Please vote. to communicate with you. to fulfill. abysmal failureof the criminal justice system to deal with it. many obligations duties and officers and directors have and' both important, effectively The SBA president is correct when she states: "No organization can function Senators of both parties have come to realize that opposition to the Schwartz fact more, appointment has been generated not just by law-enforcement agencies fearful .that reform when the burden Is shifted to only_a few members." This paper realize that elected that those who are are organization. Make sure possibly, than any other student would challenge their vested interests, but rather by widespread public disenchantment thosewho will adequately represent your interests in O'Brian Hall. with a system of "criminal justice" that has exalted the rights of the criminal, the violation of'rights of others, over the'rights of the victim and the public. It is Prof. Schwartz's misfortune thathis past advocacy of criminal rights hasidentified him with an approach to criminality discredited in the public eye, thus making him an easy if unwarranted target for a public more concerned with protection of life and property than with the constitutional "right" of convicted felons to receive tangerinesjor lunch at maximum security institutions. Whatever its outcome, there is a lesson in the appointment controversy thatshould animals Deanship candidates visiting the Law School for a first-hand look at the institution not be lost on us as prospective attorneys and judges: the public has had it with "political prisoners" who mouth have, in interviews with student representatives, evinced much interest in the.quality of who bash old people for Social Security checks, with community life at the Law School, according an importanceequal perhaps to academic Marx while ripping off the poor, with gun-toting juveniles Who rob banks secure in the knowledge that conviction means only a few months in a country club, with sex program and physical facilities. offenders whose poor toilet training left them bereft,of mens rea, with con artists who undoubtedly play their in significance it will subject the and the Their interest in safely practice their petty frauds and extortions behind business fronts, and indeed decisions regarding the deanship contrast greatly with the general disinterest in attorneys and corrupt judges who knowingly shelter the same. community life prevalent among our own faculty and students. Indeed, perhaps the with the shyster veryAs attorneys, despite our loyalty to the proposition that every accusecTdeserves greatest impediment to improving the quality of the Law School community is this qualified representation in court, we must recognize that the rights of the criminal disinterest in the subject itself. are subordinate to the rights of the victim.© restitution and This paper has at times bemoaned the negative impact of our relative geographical perpetrator, such as they are, to continued protection. Reform of the criminal justice system isolation upon our sense of community, which has been undermined severely by the the rights of the public not on greater liberality or rehabilitative pipe-dreams, but rather on understandable preference of many law students for time spent downtown among law must be predicated, ....-and many just such priorities. 1 firms and courts. The Law School has truly become a commuter school, -R.B. faculty and students limit their time here to the bare minimum ncessary to fulfill their academic obligations. Adding to the deterioration of any community sense within O'Brian Hall this year is the increasing use of the Law School by transients from other department of the University, lending a "Grand Center Station" effect to O'Brian's limited facilities. The problem has indeed been exacerbated by the opening of Baldy Hall for the gargantuan School of Education. It seems currently that the Baldy residents are plagued with Open letter to first and secondyear students: elevators -f their own that do not elevate, toilets next door that do not flush, vending On Thursday, February 12th, I attended a "meeting" of all those interested in machines that do noUvend, and lounge areas that do not permit lounging, thus necessitating theirt resort to the comparable but limited resources of O'Brian Hall. Law keeping Opinion alive for next year. Realizing that the entire present staff will graduate in students have, moreover, almost been pushed out of the Law Library by the influx of May, a meeting wascalled to bring in new people. When I and my two friendswalked into the Opinion office the editor-in-chief almbst went into shock. Apparently there has not "neighbors" from down the corridorsan overwhelming response to the plea-for help. I realize that students have limited It has, then, obviously become much more difficult for spontaneous law student been amounts of time to devote to activities such as a school paper but you would think that association to support community life in O'Brian Hall, as the physical facilities work of 700+ students there would be at least enough people to run a newspaper. Please against such association. In the absence of such spontaneity in community life here, out the benefits of having a paperhere at the law school and the potentialities however, what is needed is not despair accompanied by hermetic withdrawal, which think about to be tried and fulfilled.! think it is a worthwhile cause and am personally willing to seems to be a too-prevalent reaction, but rather an affirmative effort \>n the part of yet hope others Will be interested also, andact on their interest by students and faculty to build a community through purposeful participation in student devote time and energy. I joining the few of us who would like to maintain Opinion next year. Anyone is welcome and Law School activities. andurged to contributewhatever skills they have. Such activities are provided by a variety of student organizations here, but very often the burden of providing such activities is shouldered by a fewindividuals in each Sincerely, case, some of whom are becoming discouraged at the dwindling faculty-studentinterest in Becky Mitchell and support for their efforts. Unless more students (and faculty) bestir themselves into greater involvement in Law School activities, which are the only means available for building community life under the present adverse conditions, the Law School will have (Inquiries may be made in Room 623, or by politely approaching the editor in the hallways. Ed.) exactly that quality of community life it deserves: zilch. Just a reminder that the SBA elections are ~ . COMMUNITY LIFE? .. . - ' MITCHELL , too often commentators on _aw School affairs address themselves To the Editor: to the problems of the faculty or students here while ignoring thoseof the least recognized but paradoxically most essential constituency to the institution's successful operation: the clerical staff. Plagued currently with severalunfillable vacancies, which increases the burdens of the remaining staff, the Law School clerical staff struggles daily with a variety of tasks without which administrators could not administer, faculty coulcCnot teach,and students could not learn. In addition to these assignments, however, the staff is forced to deal regularly and increasingly with erratic administration, tempermental faculty, and students posing problems which could be easily solved by the exercise of their own common sense. Admirably, the clerical staff has proven itself up to even these added challenges of working at the Law School, challenges not posed very many civil serviceworkers in other occupations. \ Certainly expression of appreciation from faculty and students are long overdue, but. perhaps the best means of expression would simply be greater understanding forand cooperation with the hard-pressed clerical staff on the part,of both thesegroups. Faculty, in particular, cannot continue to expect the impossible, such as private secretarial services at their convenience or insistence upon priority treatment for work submitted at the last minute, when staff timeand Law School resources impose very real limitations on what can be accomplished. continue to With such understanding and cooperation, the clerical staff will successfully perform their invaluable support services for the Law School. < - SBA APPRECIATION DUE All . ' As representatives of the student body and as students ourselves, we feel it is necessary to comment on the handling of the first year writing program by the Administration. As a result of the ineptitude of the Administration in this.matter, those students required to take the student-t_ight writing course have been required to add an additional elective to their schedule. This elective was added with much confusion a week after classes had already started. Furthermore, the credit for the student-taughtwriting course is purely internal and of no consequence toward the Court of Appeals' required credit hours. It can also be argued that since all the first year students are not subject to this programs-there is an element of unfairness; the students in the faculty-taught section* were not required to add an extra elective. It is difficult to believe that no one among the law faculty and Administration could have foreseen the possibility of the Court of Appeals not approving the student-taught writing program. Considering that this possibility existed', the Administration should have postponed implementation until approval was actually given > by the Court of Appeals. This is not to infer {hat a writing prograrnjhould not have been offered,. Perhaps the Administration should have been mire forcefulin, theirdirectives to the faculty concerning what course will be taught and by whom they will be taught.. It is our hope that the Adminlstraiton tvas learned from their blunder, especially since it was at the expense of a good number »f the first year class. In the future, we expect to see a much more thoughtful approach to curriculum planning and implementation. Student Bar Association �OPINJON February 26, 1976 3 LETTERS CONTINUED... DODD To theEditor: FREEDOM FIGHTER __.*-' The proposed budget now before the New York State Legislature includes a tuition hike of $400 for professional students and abolishes the tuition, waivers presently awarded to those who receive maximum TAP awards. These proposed cuts affect everyone whois applying for financial aid. Students presently receiving the waivers will each have an increased need of $ 1400 for loans and work study funds. Medical, dentistry and pharmacy students were previously ineligible for National Direct Student Loans (NDSL) while receiving Health Professions Loans. The bill funding Health Professions Loans has been tabled in the Senate and students previously receiving them will now also be eligible for NDSL.'The result is a greatly increased need for loans and work study with equal or decreased funds available for next year. When financial aid establishes the total need for loans, they lake the available funds and allocate them so that everyone eligible for federal loans receives an equal percentage of their totalneed. These proposed budget cuts will also affect the socio-economic makeup of those •attending school here. These cutbacks may prevent those from lower and working class families from attending law school and may further limit the already small number of minority students here. As fhe only state-supported law school, our school should cater to a cross-section of the state's population rathe, than only lo those who can afford lo pay the sky-rocketing tuitioncosts. The SBA is supposed to represent the students here and respond lo their demands. Interested students had made an effort to publicize the SBA meeting of 2/M in order to discuss this situation. At the opening of the meeting, students who had come for this purpose were told that the tuition increase would not be discussed until a meeting the next day. After thesestudents left, the SBA.wenl aheadand discussed the matter without the input of these students who had taken the trouble lo publicize the mailer. Il- is the responsibility of trie SBA, as their representatives, .to lake positive and constructive measures in the interests of the students here on this matter. Concerned students should also take the time to write to their representatives in Albany and urge them to hold the line on tuition increasesand reinstate State University Scholarships. ■ . ■ KERSHNAR Siiiccrcly, Monica Dodd To the Editor: This letter is being written in response lo "The Jury isOut" primed in the Feb. 5, 1976 edition of Opinion. The terse piece bemoaned the poor response of sLudenls to the call for volunteer jurors (by the Trial Technique course) and suggested thai perhaps ihc solution is to make juryduty mandatory for all first year students. It was asserted therein that the experience of being a juror was an "invaluable" one and the full-day trial was "actually the crux of the course." Assuming this to be true, I believe that the implied criticism of the student body (particularly first year students) and the proposed solution both suffer from a paucity of rational self-criticism.The. only notice 1 ever saw about a need for jurors was a cryptic notice on the bulletin board specifying a location downtown and a.time to be there without a name of anyone to contact at the school or call for additional information. For a course whose crux rested upon voluntary support not much effort was made lo bring this point home to students. I call the author's attention to the fact that last semester Simulated Law Firm had to turn away first yeai students who volunteered to play the role of clients in that course. Organizations such as the Moot Court Board which seek student participation do not rely solely on announcements or articles in Opinion. They made sure their message was communicated to all first year students by investing five minutes with each of the four first year sections at the end of one of theirclasses. Oyer 100 students turned out for the distributionof the Desmond Competition problem. In short, to conclude this windy tirade, if you would employ means better suited to yourends youwould not have such poor results. Dear Editor: The following is a recapitulation of some events that actually took place during my first semester as a law student in the wondrous city of Buffalo. On the basis of these experiences, I feel that I should take issue with the theory that Buffalo is as bad as everyone says it is. Believe me, it's much worse. By way of background, i wouldlike to point out that I was born and raised in New York City. 1have spent the greater part of my life living in the City and, until now, have felt competent to deal with the trials and tribulations of city life. Of. course, 1 had been warned about Buffalo before I came here, but I wasn't 100 worried. After all, I like snow and cold weather and wind and frostbiteand snowmobile tracks on my back and snow plows crunching the fenders of my car, etc. I'm a real masochist; why else would I be in Buffalo (or law school, for that mailer)? But even these abnormal tendencies were not cnoughh to enable mc to cope with the past few months. First of all, my apartment was assaulted by various,assorted individuals seeking to purloin whal few possessions I have. This happened between two and four p.m. And I had the gall to fee! secure knowing that there was a police station around the corner!!! That slalion is a wonderful place. I went lo fill out a report on the attempted break-in (why does that phrase have such a familiar ring lo it?), but when I Arrived at 9:30 p.m., the place looked so dark and deserted that I thought it was closed. The parking lot outsidtf was filled with lonely, abandoned police cars. 1 tried to open the door and couldn't; I decided thai Ihc place was locked up. It turned out that the door was only stuck. The police obviously weren't expecting anyone, so they didn'l bother to oil the lock. Therewere only iwo officers in the whole building, and they looked at least as lonely as the patrol cars outside. Maybe I shouldvisit more often. The prostitute, who lives upstairs, continually forgets her key to the outside door of the building and bangs on the door and screams until she is let inside. Naturally, this always happens at 3 or 4 in Ihe morning after she has had a hard night on the job! The local vice squad has decided lo make house calls, and, somehow, whenever they come to visit the fadyvLu]. stairs, I am the only one around to respond to the pounding on the ouisidc dooc I have such a nice time trying to convince these lovely people that I am not ihc person they arc looking for. I have even taken to leaving my copies of the Constitution and the N.Y. Penal Law out in plain sight as clues for them. One afternoon I decided lo forgo the madness of the law library and study for my torts exafn at home. I tried to study tons while a dynamic duo in blue attempted to beat down the door upstairs. For.some reason, the "Happy Hooker" did not feel like answering the door. They did not gel in the door,and I got a headache. Speaking of noise, I am constantly treated to a symphony of pandemonium by the plethora of hot water pipes that seem to inhabit my apartment. I should also mention the chorus of ambulance and fire engine.sirens that serves as accompaniment to the pipes. (In addition lo the police station, there is a fire station around the corner and several hospitals are nearby as well.) People find it very difficult to communicate with me since I have started wearing earplugs all the time, but the silence is worth the trouble.The plugs have the added advantage of making lectures much more entertaining since I can make up my own words to match the professors' lip movements. I guess Buffalo is just trying lo make a City girl feel at home 2 people have been shot and several women raped since I have been here, there are porno movies and girlie shows nearby, and gangs of locals, who love lo go bar hopping and people stomping, hang out'on the street corner. Really, I wouldn't mind it at all if Buffalo stopped trying to be a big city and went back lo being the overgrown small town that it really is at heart. My bodyguards are really costing too much and after the welcome that I've had here, I think that I'm really ready to go back home to New York where it's safe to walk the streets at night and quiet enough for me to get some sleep! Fearfully and fitfully yours, A Future Female Freedom and Felony Fighter - - Harris E. Kershnar P.S. All first year students are registered in Constitutional Law. Any organizationwishing to communicate valuable information to them would be well advised to invest five minutes with each of the three sections at the close of any class. -- (Trial Technique instructors, please take notice Opinion offers space this, and every semester to publicize the final trial and "jury duty." Ed.) . x\\ 3 «sW- el 50 copies 100 copies mmm ) ■ m\\ CYJ . 2-page 3-page 24.75 27.35 32.25 37.65 Visit our office: see our extensive portfolio of finished Uimei Normal, turnover: 4 days. SQ%deposil, r. University Press at Buffalo 361 Norton Hall -J*J| 831-4305/831-4215 jmtswmjk\ •a division ofSub-Board I. Incorporated, a student-run. not-for-profit corporation. Opinion * February 26, 1976 Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: Lawrence M. Meckler. Myles Elber, R.I. Glick, Abbot Gorin T.J. Centner, Jeff Chamberlain Typeset and printed for a crisp, clear, Professionallook! -page 16:25 17.05 Volume 16, Number 6 ■■ CONTRIBUTORS: Chris Carty, Rosemary Roberts, Jack Pawlik, Paula Kane, Newton,and special thanks to Linda Enke Copyright © 1975, Opinion, SBA. Any republication of material contained strictly prohibited without the express written consent of the Editor-in-Chief herein is OPINION is published every threeweeks, except for Vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law', John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy' of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. �4 OPINION February 26, 1976 .Regarding Siting Applications Rheingold Speaks on theRole of the P.S.C. On February sth, Art Rheingold, who is chief counsel for Article 8 proceedings before the Public Service Commission spoke at O'Brian Hall, to a small group of law students. Article 8 of the Public Service Law is that section which deals with the siting of steam electric generating facilities of 50,000 kw. or more located within the State of New York and it applies to all utilities except PASNY. It became effective in 1972 and will remain in effect until 1978. Mr. Rheingold outlined several major Errors before the hearing officer can be the issue, and (b) affirmed the Hearihg defects, as he saw them, in the immediately appealed to the PSC for -i officer's denial of the waivers. The PSC administrative structure of Article 8. He ruling without having to go before the P.S. decision has not been appealed to the stated that Article 8 is essentially a Board. This frees the Board from having to Board or lo the courts. compromise bill and that its provisions for Other problems with Article 8 which make decisions on minor procedural membership of the Public Service Board Rheingold outlined included matters and also speeds up the application Mr. result in a slow, ineffective body. process because of the need not to have to uncertainly about the extent of federal Membership is comprised of five people: 1) wait for a full Board lo be appointed and preemption under the state and federal the Chairman of the Public Service to convene for a decision to be made. An environmental acts and the lack of a clear Commission, 2) the Commissioner of example of how the Commission fulfill* policy by the legislature to guide Environmental Conservation, 3) the this role is illustrated by the recent decision-making on the applications. He Commissioner of Health, 4) the application of New York Stale to build ar stated that ihe Public Service Commission Commissioner of Commerce and 5) an ad 850 megawatt cool-fired unit on Lake is beginning lo provide some policy and In order for a utility company to hoc member, appointed by the Governor sense of continuity in the decision-making obtain a permit lo construct a power plant from the judicial district where the site Cayuga. The application was provisionally process as case law proceeds but thai these from the Public Service Board it must: 1) under construction is located. The docketed, subject to the granting of certain gains may be lost if the Legislature allows establish before the Public Service provision for executive appointment of one waivers. The waivers were denied by the Article 8 to terminate in 1978. Commission that the plant is needed; 2) member and Ihe allowance under Article 8 Hearing officer and this decision was file an environmental impact statement; 3) for other members to designate parties to appealed lo the PSC. The Commission (a) Paula Kane demonstrate compliance with the PSC's sit in for them make uniform policy and decided that it had the authority to decide Environmental Law Society* standards and all applicable environmental continuity difficult to attain. In addition, laws (or obtain waivers for Article 8 fails to provide for a forum to noncompliance), and 4) show that the site seek redress of errors which may occur at selected is the best of all alternatives in the initial hearing on Ihe application. This terms of minimal environmental impact. latter problem has been partially settled To date, six applications have been under the regulations promulgated by the submitted to the PSC under Article 8. Four Public Service Board. Under these by Abbott Gorin of these have been docketed, at least regulations, the Public ServiceCommission provisionally. None of the six applications has been set up lo act in a quasi-judicial While not as outwardly explosive as his previous films "Z" and "State of Scige," has been approved by the Public Service capacity by providing an intermediate Costa Gavras' latest film "Special Section" probes the mechanics of transition in the appellate level in the application process. formation of a police slate. The movie derives its name from the special part of the city / Board. court of Paris that was established in Vichy Fiance to convict radicals and saboteurs. The cum I grew out of the assasinalion of a German Naval Officer in occupied France shortly after the Nazi Invasion of the Soviet Union. The- French communists who commilcd the act were never apprehended. (Interestingly, the communists had refrained from active resistance against the occupying Germans while the Soviets had their non-aggression treaty with the Nazis.) Realizing that the act could not go unpunished the German Military Command in Fiance called for the execution of "any" ten French radicals within two weeks. However, while the Germans wanted the executions as an effective deterrent, they could not do the executions themselves. This course of action would have exposed the Vichy Government fpr the puppet front il was. While it was necessary to still the assaslnatlons by French radicals, it'was also necessary lv avoid the outpouring of French Newly elected officers, new members and new projects headline ihe latest evenls of nationalist spirit against the occupation forces. The Vichy Government was given an the Buffalo Legislation Project for the spring semester. ullimalum which in effect said, "Ten radicals, or we execute fifty prominent Parisians, Elected were Leslie Haggstrom, Director of the Project; Linda Heine, executive among Ihcm Ihc Archbishop of Paris!" editor; Joe Broderick, Gail Heppell, Leslie Kirschner, and Larry Scancarclli, project The villain, ironically, is not the German Military Commander, but the Vichy editors. Minister of the Interior. For while the Germans realize that it would violate French A total of twelve new members from the second year class were accepic'd to begin standards of due process, (particularly ex post facto prohibitions since il would be work on the spring projects. Membership solicitation from the first year class will begin necessary lo try ten radicals already in custody and convicted for other crimes) the after the spring break. Minister of Ihc Interior is willing to maintain the Vichy regicmc and his own power Work has begun on six new projects. Under the supervision of Joe Broderick, wilhin il at all costs. At first, the Minister of the Interior is opposed by the Minister of Louise Tarantinoand Susan Hogan will develop justification forand propose amendments Justice who in Ihe movie appears as a fineold gentleman devoted lo due process at all to the Social Services Law so as to provide greater subpoena power to the County costs. It seems thai oven the implicit-threat of a _ore stem occupationby the Germans, if Commissioner. These amendments will also allow the county to recover expenditures this crime is left unpunished, is worih the price of maintaining French Jurisprudence. from the estate of the claimant. Sponsor for this project is the Legal Division of the Erie However, Ihe Minister of the Interior plays the trump card and ihc Minister of Justice crumbles when he.finds oul that the Mood of the Archbishop could very well be on his County Social Services Department. hands. The Minister of Justice actively recruits judges, "good soldiers who will obey George Rush and William Hultman are involved in a project for the Erie County orders," to staff the special section and- lo obtainIhe convictions by Ihe deadline. Legislature Economic Development Committee. They will propose amendments allowing j The attitude of Ihc Judiciary is curious. The high court'judges fear for Ihe counties lo provide incentives to business. Broderick is also editor of this project. legitimacy of the icgicme and are willing to give the go ahead for the creation of the Beverly Jacklin, Ray Cerreta, Dave Parker, Janice Barber and Cynthia Weaver will special section. They are even actively involved in picking the appropriate number of Jews be working for Senator Barclay, Chairman of the Codes Committee on reform of the and radicals lo stand trial for acts which were not treasonous crimes when they were existing marijuana laws. Gail Heppell is editor of this project. commilcd. Stalling the courl is more problematic. One judge regarded as a "good soldier" Sharon Goodman, Sherry Turner and Bob Citronberg are researching legislation lo by the high judges ends his interview by lecturing ihe Minister of Justice'on ihc violence protect consumers against "fly-by-night" disreputable home improvement contractors. that would be clone lo due process. Finally, the members arc obtained from Ihe dredges The project will involve an evaluation of present laws requiring the registration of home of the Parisian judiciary. The special section is composed of former war veterans and improvement contractors and other alternatives lo protect consumers against these party hacks, none of whom have acquired the street smartness to understand exactly contractors. This research is for Ihe N.Y. Stale Assembly Commitlee of Consumer Affairs whatis going on, nor the theoretical sophistication to care. Indeed, one of Ihc only judges and Proteclion and is being edited by Leslie Kirschner. who raises an objection does so not on due process grounds, but by posing the There are two projects Ihis semester from the Senate Majority Leader's office, bolh hypothetical, "Suppose America enters the war on the side of the allies? Then where will we be?" under the direction of Larry Scancarclli. special section poses no problem for ihc judiciary, the public defenders John Phufas and Earl Robinson are working on legislation to amend the public office While antheuproar. Many of Ihc attorneys refuse lo lake part in the travesty,and those is in officers law in relation to financialdisclosures by state legislatorsand candidates. who.do have a difficult lime accepting how arbitrary the set up is. Alan Gerstman is working on amendments to the legislative law relating to Ihe The movie is intriguing lo one closely lied lo the American legal profession. To say regulation of lobbyists through comprehensive registration and reportingrequirements. American lawyers and jurists would hold fast under, the same pressures would be naive al First year students interested in the BLP's activities should slop by Ihe BLP office best. Do Justice Frankfurter's comments, "This is a political thickcl we should not in Rooms 643 and 644 on the bridge between O'Brian and Baldy Halls. enter," reflect upon the Court's duty as the protector of,a citizen's rights, or docs il mean, "The Court cannot enter an area which would lose Ihe allegiance of the present rcgiemc in enforcing its decisions." Lawyers jurists are often swayed by the CRIMINAL CASES... ;alternatives of the type which faced the Ministerand support of some kind al a future dale. continued frompage one of Justice, a"phenomenon Piagcl once participating ( students interested All in described as moral absolutism versus moral relativism. You can indeed sacrifice ten lives students' knowledge of law .in action, but in this program should fill out the | to save fifty, but what have you given up in the process? Il should be remembered tha'l increases Ihe lime devoted to each indigent questionnaire now available in the jJohn Dean said he would have blown the whistle on Watergate earlier, but he foarcd for client's case. If the increased lime is placement office. The person's interest and iIhc national security. The question comes to mind, "What(Wasilxf' jiviitg. Ik"country matched by a comensurate improvement in experience described in the questionnaire f from?" Indeed it would seem that the attitude of the profession has come a long way the quality of defense available to poor will determine whether he/she works on Jfrom Justice Story's answer lo Ihc question of what the Courl would do with Ihc tariff of cabominations knowing that South Carolina threatened secession. "South Carolina will do people in criminal courl, the program can this or other local civil rights projects. deliverenumerable untoldbenefits. If anyone wants .more information whatit must doand this Courl will do the same." Though initially, LSCRRC can about this program or about LSCRRC in In the end the convictions are obtained and the Paris Special Section serves as a promise no monetary or law crcdil in general, slop by Room 118, or call Lew model for the rest of France. According lo Costa Gavras, no actions were taken against judges the who participated. payment for the work, it is guile probable Klee or Ron Eskin at night, 838-5996. t - Movie Review "Special Section" BLP Initiates New Projects - * r �February 26, 1976 OPINION 5 Screw the of Turn B The rooklyn Side by Carl S. Heringer by Chris Carry Badge 714.2 (Dum Da Dum Dum) The general theme of this column will be the proposed elimination of State University Scholarship (SUS) awards for graduate students (popularly known as tuition waivers) and a concommitant raise in tuition for 1976-77 to $2000 per year (from $ 1600 per, year). Presently, the Governor's budget which is now before Ihe Stale Legislature proposes both to raise tuition and eliminate SUS. The net effect of ihe two combined will be an increased-cost of ,$l4OO per year to students. SUS operates simply. Students, who receive the maximum Tuition Assistance Program (TAP) award of $600 for'the academic year, have been granted a "scholarship" by the school of the difference ($1000) in tuition costs. The increased tuition will raise the tola! tuition biH to $2000. A student who has relied upon TAP/SUS in the past can expect to receive $600 again in maximum TAP,all things being equal. The elimination of S,US will then raise the cost of remaining in school for the student by $1400. ($2OOO $600= $1400). The end of SUS will drastically affeel all graduateprograms across the state, but it will be especially ,harmful to professional students* whose course load and clinical requirements prevent them from working more than a few hours a week. Fifty-six percent of the medical students at UB rely on SUS. The exact number of law students affected is unknown,bul it appears to be a sizeableproportion of the student body. ( In the slate budgeting'process, the legislature customarily does not add to the Governor's budget, although it often eliminates or decreases proposed expenditures. This means, then, that any expression of opinion-concerning the situation can only affect the proposed tuition hike. Any additions to the budget must be made in the Supplemental Budget, now being formulated to go before the Legislature immediately prior to adjournment in late April or May. Therefore, any pressures concerning SUS should be directed either toward Chancellor Boyer or President Ketter. Frankly, the sustained pressure of the graduate studentsis needed to foster any chanceof avoiding such a drastic cost increase. A letter lo the Chancellorand to your respective state legislators wouldbe a strong beginning. (Below is a sample.) on the door of Room 303. Presently, SBA is funding a "lobbying" trip to Albany on behalf of the law students. The faculty and administration of the law schoolhave allied themselves with the four SUNY medical schools, and twd SUNY dental schools to represent the'interests of the professional schools to the Chancellor. Students have organized petitions to be sent to the Chancellor and to President Ketter, available outside the library.I am participating in an alliance of students similar to the faculty group mentioned above. I will attempt to have ujj-to-date information available in my office for-anyone interested in the outcome. • (The story you are about to read is true. The names" were changed to protect ihose who wouldn't he associated with it any other way.) This is the city, Brooklyn, New York. Fourth largest city in the country. Almost three million people work and livehere, from Mill Basin society matrons to the ghetto p'bor. Life's not boring here, and these people, make news. I carry a press card. 8:43 AM We were working the day shift out of the city office. The assignment was a 317, check oul the streets. My partner's name is Olson. My name's Thursday. '8:IS AM The car was parked outdoors overnight,'and it wouldn't slart. We discovered that the battery was missing. , 8:47 AM A street urchin happens .by, carrying a car battery/I offer him $5. We settle for $12.50. It'fits in the car. Olsonand I suspect nothing. 9:15 AM The city is quiet, the streets empty. We step into a diner for a1796, coffee break. I take cream and iwo sugars. Olson drinks it black. 10:45 AM The car was parked outside, and wouldn't start. We discover that the carburator is missing. It's a four-barrel model. happens by, carrying' 10:47 AM After some A haggling, we purchase it. It's a four-barrel model. Olson and I suspect nothing. 10:30 AM No news. The usual mundane muggings and burglaries. Olson phones the story in. I buy a candy bar. Noon Time for 4829, lunch. I order grilled cheese, no tomato. Olson eats a bowl of chili. He gets a spot on his tie. I don'l wear a lie. 12:45 PM The car Was parked ouiside. It startedright away. Therear end was on milk cases. Both tires were gone. 15*78 Sleel belted radials. 12:48 PM A street urchin happens by, rolling two tires. 15x78 Steel belted radials. He's building a go-cart. He accepts our money reluctantly. I smile. $45 is a good price for belted radials. Olson .wonders for a moment and climbs in. I suspect - - - - - — - nothing. - 1: 15 PM We question a news suspect on an 893. Fifteen stories is a long way to jump. Olson climbs the ledge. I don't like heights, and stay down for the post-jump exclusive. 2:30 PM We stop into a diner for a 797, coffee break. I take coffee, cream and two sugars. Olson drinks il black. 2:45 PM The car was parked outside. It starts up. 2:46 PM A street urchin offers us a set of hubcaps to match our own. We buy them for a steal, Dumb punk never suspected we would have paid more. We suspect nothing. „__ 3:30 PM Our shift is over. Olson drives us back to the garage. 3:32 PM The garage is gone,. 3:33 PM A street urchin happens by, with lumber and carpenters tools. We _ ' suspect. -- Note: The T.V. Trivia contest is slTll open. Keep thosecards and letters coming. • a Hofstra Cou™ y NAME Qr COURSE FACULTY LEGAL ETHICS DWfiWfltT '" F *-' /Lj r-V NUMBER CREDITS 1 Mm"■'''"'■""• „ 7w„m I'RODUCTS-LIABILITY 3 INDIVIDUAL INCOME TAX Prof. Skuar, filler FAMILY LAW Prof fohn Gregory REAL ESTATE 4 •■,.,. m,o nroQ-ratn \SjLt VV* I V L// REMEDIES <, M-Tu-W-Th ll:10a.m.-l:00 p.m. 3 Tu-W-Th 9:10 a.m.-ll :00 a.m. Tu-W-Th J IIOFSTU H_mp*h--_, N*w York 11530 (516)360-3636 ■ Tu-W-Th 3 Tu-W-Th 11:10 a.m.-l:00 p.m. M-Tu-W-Th . LEGISLATIVE PROCESS Prof RonnW Silverman "CURED TRANSACTIONS , Tu-W-Th 9:10 a.m.-ll:00 a.m. 3 Prof. AbrahanyJOrdovtr FEDERAL COURTS Prof. SUtarl Rahinoitnlz HOFSTRA SCHOOL OF LAW 3 DEBTOR-CREDITOR EVIDENCE ' 9:10 a.m.-l 1:00 a.m. * 3 _ \ .IIVLIVM I 1 : 1:1„.._..:>,_p.m. Prof. Malachy Mahon TRADE REGULATION Prof. Burton Again Prof Alan Remick ESTATE GIFT TAX Prof. Linda Hirtcl.ton for furtltxr infer mauon: SCHEDULED TIMES M ■;n..m.-. _p._ Tu-W-Th TRANSACTIONS Prof. Herman Hillman ..... GWgg bummer 1976 L-iIA'LaJ IJL-1 IUUI £ <*. < SAMPLE LETTER February Dear (The story you have just read is true. MARK VII.) ' . Prbf.SheliaOkapk,, WILIS. TRUSTS AND ESTATES Prof. John Sciullo Tu-W-Th 9:10 a.m.-il :00 a.m. 11:10a.m.-l :00 p.m. ■ 4 11 10a.m.-l :00p.m. Tu-W-Th 1:10 p.m.-3:00 p.m. 2 Tu-Th 3 1:10p.m. 3_Wp.m. 3 T«-W-Th 1:10 P.m. 3:00 p.m. 4 M-Tu-W-Th 1:10 p.m.-3:00 p.m. ,1976 , — I am writing t._xpress my concern and alarm over the proposed tuition increase for State University students and the simultaneous elimination of the State University Scholarships (SUS) for'graduate students. I urge that you oppose both of these items in the proposed Governor's budget, butparticularly the elimination of SUS awards. Many State University graduate students depend heavily on the SUS awards to continue their studies. As youmay be aware, in order to receive the SUS, the student first must apply for and receive the full Tuition Assistance Program (TAP) award ($3OO per semester). This determination is based entirely upon financial need; the student must show that he/she has less than $2000 net income per year. After the student receives his/her award notice of this full award, the local campus gives the student the SUS. The award exempts the student from paying the difference between the TAP award and the total amount of the tuition (this year, $1800 = $600 = $1200 for graduate students; next year proposed, $2000- $600= $1400. In effect, the SUS is a partial tuitioffwaiver.) A combination of a tuition increase.and the end of the SUS awards will result in a net increase to students of $1400 for trie coming academic year. Elimination of this program will cause a great hardship to graduate schools acrossrihe state, but particularly to the professional students in the Medical, Dental »nd Law Schools. This is particularly detrimental to professional students, since the heavy cour.se load and clinical requirements for graduation preclude employment for more than a few hours a weekduring the school year. Furthermore, it appears unlikely, given the fiscal situation both here and in Washington, >that any corresponding increase in the other forms of financial aid will be allocated for graduate students. The SUS does not pose any drain on the state's fiscal revenues since it does not require an allocation of funds. It merely exempts the mostfinancially needy of the SUNY graduate students from paying a portion of their tuition. The converse is true for the individual student, since elimination of the award will force students who have few resources to pay a targe increase in tuition in order to remain in school. *i Again, I urge you to reinstate the SUS awards and to oppose the tuitionjncrease. . .. ; ..) ' ; Sincerely, ■ Greenberg on Legalizing Heroin Gary Greenberg will speak on "Legalization of Heroin" on Fri., Feb 27 al noon. (Competence of people to make decisions, their right to do so, the effect of heroin's illegality on heroin prices & the effect of thai on the commission of crimes by. heroin addicts). Gary Greenberg is a Legal Aid attorney in NYC. In 1973 he was the Free Libertarian Parly candidate for Manhattan District Attorney. �February 26, 1976 OPINION 6 ADMINISTRATIVE PERSPECTIVES Q. Students have complained that several professors are now late in assigning grades for last semester. What can be done on the student's behalf? Ans.: Occasionally there are good reasons why a professor will hand in lale grades just as there are occasional good reasons for students to hand in late papers. Part of ihe reason why seminar grades are late is the fact that students have asked forextensions oi time to hand papers in. Professors who are late, as of this date, have been called about the grades. It is expected that they will be in shortly, especially in the cases where the grades have no reason to be held up. 0- What thoughts or opinions does the administration have regarding the impending student SBA elections? Ans.: Several. An active, quality, student body, such as this deserves and requires strong sludcnl leadership. The elected head of the SBA should be reprcs. nian.c oi the student body, should be able to provide visible, meaningfuf leadership, and should be able to relate lo theadministration without compromising his'her values and goals. There arc many tasks which a strong SBA leader can do better than faculty of administration because of the difference in perspective. One of the real problems associated wilh the development of strong SBA leadership is that of a.a liable time. Perhaps, a scholarship should be provided for the major elected position. Property done, the task of leadershipis time consuming, but invaluable to the student bod\. Oiigtnall. the ."-member committee was requested to submit three names to"" President keitei no later than December 1, 1975, a task which has been impossible to fulfill. fa of |anuar\ 13, 1976, it was publicly reported that about 65 persons had been given careful and detailed consideration by the committee including several local candidates. Of approximately 200 nominees outside Buffalo, six have come for an interview. The Committee's work has been impeded in part by the fact that there are a good mans deanship vacancies in prominent law schools in the United States. SBA CandidatesForum THE FOLLOWING PLATFORMS WERE SUBMITTED BY THE INDI . Q. What is the status of the search for a new Dean? Ans.: The Dean's Search Committee is chaired by Dr. James English from the School of Dentistry. The committee consists of-faculty, students and community representatives. Official announcements must be made by this committee. President Keller's charge to the committee stales that the person selected should be an outstanding legal scholar, an experienced and capable administrator, a person sensitive to student concern and a person of substantial energy. Primary Politics CONCERNED LAW STUDENTS President: Bob Waters Ist V.P.: Bill Shields 2nd V.P.: Sally Krallman Treasurer: Paul Lukin » Secretary: Bob Citronberg Director: Bob Burrick Al Gerstman Andy Milstein faculty who have mastered this area. The Court of Appeals has recognized this by wilhholding bar-qualifying credit from the present program. Concerned Law Students will actively seek a voice in planning next year's program to ensure that our education will not remain substandard. I jack Pawlik CONFUSING BALLOTS Concerned Law Students is not a Suppose you want to vote for Fred naught (or Jackson). A remedy for the above situation has Harris in Ihe April 6 Presidential Primary in New York State. You simply enter the been proposed by Assemblyperson M. voiing booth and pull the "Fred Harris" Miller in the fdr.T. of Bill L9368 (pending at press time). The Bill provides that the le.cn Right? Wrong. In New York State, the peculiar, jj Presidential candidate's name will appear antiquated election law requires that you'lon the ballot with the local delegate vote for John Doe, a candidate who has candidates. signed a slatcmenl commitling his support Although this Bill would greatly simplify this confusing election process, it is given a poor chance of passage despite intensive lobbying by the League- of Women Voters, NYPIRG, and other Harris. But how do you know that John Doe is committed to Fred Harris? The amazing answer is that there is no connection between. Doe and Harris on the ballot. The names of Harris and the other Presidential candialcs never appear on the ballot. Therefore/only the news media and the candidate's campaign material provide the nexus between Presidential candidate and local delegate. The Harris voter better be well prepared or his vote may go for lo organizations. • Ms. Helen Buddemeyer of the League, however, said the League plans to distribute to the public the information omitted on the ballot and will assist all voters requiring assistance. The offices of the League of Women Voters will be very busy in April. PRESIDENTIAL POLITICS As the Democratic candidates falter, 1976) pointed to some remarkable advance, and bicker in the early i statistics, "Starting with almost no national Democratic primaries and caucuses, the i recognition, he (Carter) has progressed to New York Slate Presidential Primary on the point where he is known to 28% of the April 6 lakes on increasing significance. I Democrats three times the recognition of This primary may spell doom for some | Morris K. Udall of Arizona, for example, candidates just as, only recently, ; and almost equal to that of Senator Henry Oklahoma's state caucuses sealed the fate | M. Jackson of Washington, who has served of Senator Bensten of Texas who joined j in Congress with some priminence for 35 the drop-out club along with Terry years." Sanford. It is significant that in Oklahoma, In New York State, New York City Fred Harris' home state, the former I has generally been conceded to Senator Senator lost to Georgia's Jimmy Carter by Jackson. In the remainder of the state, |however, there is no clear-cut favorite. 1.5%. The upcoming primaries in New Locally, slates pledged to Harris, Hampshire and Florida will also be i Udall, Carter, Jackson, Wallace, Bayh, as significant in "weeding out" the remaining i welt as an uncommitted slate fieldedby the candidates. Morris Udallof Arizona, Carter | local Democratic organization are and Birch Bayh are presently the leaders in competing for the delegate positions. New Hampshire. George Wallace and Carter ; Several of the slates, however, may not are the main contenders for Florida's ■ submit the 1250 valid signatures required delegates. tfor a spot on the ballot. One of the early surprises so far has to In all, the Democrats will run their be Mr. Carter. R.W. Apple, Jr. in a recent icustomary spirited campaign as Humphrey New York Times article (February 13, ;and Kennedy loom in the background. . — < < political party bound by a single ideology. Our common thread is a desire to provide positive benefits to the law student body. We have banded together out of our . Placement: The Placement Office is vital in its role of providing our graduates with employment oppdrtunities-r Student government cannot igno.c its responsibility lo help secure this benefit for its constituents. One area of special concern in supporting the placement effort is the attraction of bar members to this campus. This will allow students and practitioners -■ to becomebetlcr acquainted. confidence in each other's determination to work hard on behalf of fellow students. Rather than promise spectacular but impossible results, we choose to focus our Referendums: To encourage student input efforts on improving matters which into the SBA activities, Concerned■ Law directly affect the students this law Students plans to institute a series of school. Specifically, we turn our attention referendums designed to measure your attitudes. As your representatives, we wish to: to advocate your views. Tuition Waiver Cutbacks: We believe that our university should remain open to all qualified students regardless of their Office Hours: Each Concerned Law economic circumstance. Concerned Law Student to keep regular office "Students actively supports efforts to ease hours promises that students can voice their so the financial burdens of attending law complaints suggestions. and school. We endorse a strong student-faculty opposition to the proposed tuition waiver cutbacks, with a broad base of law student Student Guidance: To remedy the lack of curriculum counseling, we will seek •to input. provide faculty-prepared course sequences to those The Library: Perhaps the most important the legalwho desire to pursue a specialty in profession. Concerned Law resource in legal education, the library is suffering from a lack of funds with which Students will also explore the possibilities of instituting a tutorial program for to purchase sorely needed books. If the students in need of supplementary library is not kept\Ijp to date, student instruction. research will grow increasingly difficult. Of equal import is our school'saccreditation, whfch may become impaired due to Recreation: Ping-pong, chess and checkers should be made available once again. We deficiencies in the library. President Ketter's Committee on will create recreational facilities and social Academic Planning has unanimously events as closely as possible in recommended that our library funding be conformance with student demand.. increased. [Reporter, Feb. 12, 1976, p. 12, col. 1)These funds have not yet been-fhade available to the library. In preserving the quality of our education, Concerned Law Students will actively attempt to persuade the Administration to act in accordance with the Committee's recommendations. ' Research & Writing:' Among the most valuable skills acquired during law school are legal research and writing. Student teaching is not an adequate substitute for the instruction of experienced lawyers and �February 26,1976 OPINION 7 PresidnTt'h Corner - . . IVIDUAL CANDIDATES THEY ARE NOT ENDORSED BY RST VICE PRESIDENT LI FF SOLOMON According lo .the SBA onstitution (and the proposed nstitution), the primary responsibility of c First Vice President is to act as the icial representative of the law school to le Law Student Division of the American ar Association and the New York State ar Association. Immense' benefits "can be gained by nmg the'AßA/LSD and the NYSBA. lese organizations further academic cellence, through participation by law dents and the efforts of the organized _ar arid revision of standard of' lega. ucation, and promote the involvement of aw students in the solutions of problems lich confront today's changing society. n addition, the following-services are liable for. minimal membership dues: (1) alth and life insurance for low rates, (2) mputerized job search program, (3) gazines, and>(4[ free publications. If 20 per Rjoin E — OPINION, FIRST VICE PRESIDENT WILLIAM SHIELDS current by Rosemary G. Roberts This is my last column as president of the Student Bar Association. And, as usually happens, the president takes this opportunity to review the accomplishments and defeats of his/her administration. A few words are in order first. They are not made resentfully, nor are they made as an apology forany campaign promises thisadministration has failed ' tofulfill. The office of SBA president requires an inordinate amount of time/This position is stipended, not nor are*any of the other executive positions. Any rewards lo be reaped must take the form of personaLsatisfaction in accomplishing whatever gains possible for the student body. I personally, have reaped a few rewards and a lot of frustrations. The SBA president must not only form policy, but she/he must help facilitate action on the part of the 1 Thisis impossible when, at a high percentage of the meetings, there is no quorum present. (No business can be done without a quorum). Production is also handicapped by the diversity of the "directors themselves. Some are ready to lake over the Dean's office al a moment's notice, while others need permission to go to the John. The position of SBA director is one of responsibility. But the obligations of this office have been taken far too lightly by most. More often than not, the officers have been left to do the work which rightfully belongs to a director. No organization can function effectively when the burden is shifted lo only a few members. Aside from internal, SBA frustrations, the president must also contend with an administration whose right hand does not seem to know what its left is doing. Couple that with a faculty who, but for a few notable exceptions, is totally aloof and insensitive fostudent needs, and you've got the picture. Lastly, I cannot forget to include here the sludenl newspaper. Opinion has acted in an outlandish and totally unprofessional manner towards the SBA for the past two years much to the detrimentof the student body. I agree that the student newspaper should act as a watch dog over the student government, but its use as a forum to malign personal beliefs is a misappropriation of student fundsand inexcuseable. In light of the above, I have compiled the following as a guideposl for future SBA cent of the .students of the presidents: To be a perfect SBA president you should: not be married, and if single, have no demanding lover in the wings not have any children not be involved with any other organization or committee not clerk or hold any part-time job not lake demanding courses not smoke have a perverted sense of humor realize that most law students are inherently apathetic be able to be in two places at once (i.e., SBA and BPRC meetings both on Wednesdays at 3:30). in fact, a leave of absence from school wouldbe helpful Despite all, the year has not been a loss. Due lo the diligence and dedication of the officersand some excellent directors, the SBA has: Managed to rescue Mary Lou Palesh from the clutches of the main bookstore at* Ellicott. A featall students can appreciate. In conjunction with an ad hoc corhmitlec of first year students, helped to establish a first year research and writing course, which will, hopefully, be straightened ---- which 1 regard as demanding priority is the establishment ol strong tics between this law school and .both the national and local bars. The primary duties of iheJFirst Vice Prcsidem arc to function as representative to and for the American Bar Association Law Student Division. This year, the office has been vacant, due lo Ihe resignaiion of the officer. Thus, we have been, without an official "voice in this national organization for some time. This is the lypc of situation which helps keep Buffalo law school unknown and which conn'ibuj.es lo a poor image of the school in other stales and cities where it is known. An increased, effective student liaison wirh Ihc ABA and the Slate and local bar associations can only benefit all of us by providing: (1) an opportunity lo present student views, and (2) an increased level of visibility for the Law School which may rcsull in a larger job market forits graduates. In addition, if we can achieve a sufficient level of membership in Ihe ABA Law Student Division, a matching fund program rpay be available which would be a boon in light of the increasingly bleak student and university financial picture for The mailer the ABA/LSD then.the Id be eligible for law school d matching grants from $100 00. Through such grants the ncourages the implementation next year. Naturally, I intend to be available to m of law student projects. other students in order to get their input matters and as I presently have no onHhcse :here are more than enough outside work co'mmittmcnts for next year, is to join these organizations, I anticipate being able to devote a major npt to actively solicit student I my time at school to these in both the ABA/LSD and portion of duties and other SBA business. EAR DIRECTOR i Edwards, am seeking position as 2nd year director in the upcoming SBA y philosophy as to how the SBA ought to be administered will lead lo a more ganization. First, it should be made known lo all students that the meetings y open meetings and student participation should be encouraged. For weekly posting of agenda might allow student input in areas of individual tainly a meeting time conducive to most student schedules would also be ; is one of the biggest shortcomings of SBA, not adequately representing their '; there is usually a mere expression of personal inclinations. Another goal have the organization meet on time, which is never the case at present. In im is often lacking, incumbent, I feel the past fivemonths has given me an opportunity lo really :he shortcomings of SBA as presently administered and therefore I could be helping to bring about some change. Presently I am on a committee to start tutorial programs for all interested students in some of the basic n also opposed to and will fight against the present proposal lo make SBA nd positions. I also propose that, »when major allocations are made by the iions having significant impact are made, more student referendums be held. I fself open to all student suggestions and attempt to represent you, the first year students, rather tha\i basing my decisions purely on personal i second vote of all first year students on March 1 and 2. k for the > Vikki P. Edwards - - - the which - With the aid of iheexams.administration, submitted established student demand students observe the introduction of a bill which would the'Attica defendants. a successful Law and Orientation and - Funded and the Abortion Sent wilh and the of the SUNY and funded many other and programs. the Committee better student • out by next semester. a proposal to pre-Christmas Responded to by sending faculty to Albany to grant amnesty lo . organized Day co-sponsored Symposium. representatives to Albany to speak legislators lobby against proposed budgetcut scholarships. Sponsored organizations, speakers Reorganized Faculty-Student appointment system to provide representation. On the other side of the ledger, budget restraints and general apathyprevented the establishment of an SBA newsletter. And even though SBA meetings have been moved from Friday to Wednesday, they still fail to draw much student interest. As for the appointment of a new first vice president, the constitution was revamped to provide for the appointment of a new first vice president, the constitution \vas revamped to provide for only four executive positions and an elected ABA-LSD representative. However, the referendum just never got organized, and I did not appoint another first v.p. A good deal of the blame belongs to me; a part to others;and the rest to "the system." However, it is my sincere hope that the next administration will continue, and improve upon, our attempts to make the SBA a vital and effective representative of the student body. Finally, it is necessary, and 1 am glad for the opportunity to thank my fellow officers for thejr excellentservice. Glenn Davis, vice president, has done an effective and exceptional job as Sub-Board representative and vice-chairperson. SBA treasurer, Cathy Novack, undertook a seemingly insurmountable job, but managed to revise budget procedures so that they are now more efficient and less complex. And Cliff Solomon, secretary, despite, the loss of our typist, has done his best to have the minutes published and distributed. Each of these individualshelped to shape the policy and direction of the SBA. They have not only been critical to the achievements we did make, but have been a source of moral supportand friendhip. To them I say thanks. Contributions of research papers for publication in Certiorari are r being accepted through March Ist. The general topic is state and local government relations. Submit papers in the Opinion office (Rm. 623) or Opinion's 3rd floor mailbox. �February 26, 1976 OPINION 8 The Bicentennial Red, White and Blues - - As July 4th approaches, Ihc red, while and blue theme repeats itself as frequently (fill in your own simile). The latest is a red, whiteand as blue loilct seat. Now I do not'mind the iconoclastic nalure of ihts item, bul give me a break! In spile of the above, I am going to gel into Ihe bicentennial spirit and report on Thomas visit lo the law school." He came on Monday, February 16, Washington's Birthday. Tom never did like George, and was hoping lo upstage him. (Please, no letters from Millard Fillmore fans. I know thisis his territory, but his birthday is next month.) J ■ 'As you may already know*, Tom considered himself a true renaissance man. Expert ' Washington, look D.C., al jusl at legal willing and analysis, essayist, architect supreme naturalist the Euell Gibbons of his lime, eic. In short, old Tom preferred lo know nothing.about everything, rather than everything about nothing, which should make him N ■ ideal for a lour of the law school. * Tom arrived at ihc front of the law school and was lold by a member of Ihc campus park regular that he his horse the student parking area directly south must in Security one mile over the hills and dales. He protested, insisting thai an ex-president can park his horse anywhere he wants. However, ihe security guard was not going to be fooled by Tom's early American costume or lhorse. And Ihe guard did nol care if Tom was RichardNixon, he still had lo park in the regular lot. (Tom was lucky classes were not in session, or else he would have had .o go an additional mile lo the wesl and suffer the indignity of taking a Bluebird bus back lo the school.) Next year, if Tom should guace us withanother visit, the surrounding buildings will be open and ihc parking situation will be improved. Just land a helicopter on Ihe roof or parachute down. Il was a nice day so Tom did nol really mind the walk. As a matter of fact, Tom was impressed, being a naturalist, when il was pointed out lo him thai we are the only law school to have our own wild life preserve swamp trees and everything, bul animals. At this point, Tom was close enough lo appreciate ihe fine architecture of the school. He loved il! Bul whal docs he know, he designed the marble mausoleums of Washington, D.C. As Tom entered O'Brian Hall, a notice caught his eye. Il reported the rc-appoinlmcnt of Professor Adolf Homburger. I his law school tormentor, because he guess Tom did not want lo be reminded mumbled something about other bicentennial appoinlmenis and ran forhis horse, which seen had been ticketed. Mr. Jefferson was lasi on his horse riding into thc-sunscl. ' - —'Steven Errante Property Theft Most Common Legal SBA ELECTIONS SBA Ihe nation's -most common legal problems from damage lo or theft of personal properly, traffic tickets and purchase «Sf real properly, an American Bar Problem ar/sc . The national survey of the legal needs of the public was arranged by the ABA's Special Committee to-Survey Legal Needs and wus\ conducted by tfic National Opinion Research Centerof Chicago. The committee recently released data from the survey that relate to the issue of lawyer advert isihg. Il is anticipated thai a fullicporl on the su_^ey7Tt the committee in collaboration with-the American Bar Foundation, will'be available for ihc ABA's annual meeting in August. '■■, Randolph W. Thrower, Atlanta, commiltce .chairman, said data recently analyzed provide a factual background of legal problems and existing methods of solution for the masses of people who might be reached by lawyeradvertising. People arc most likely to find a ELECTIONS ' Monday and Tuesday March 1 and 2 :., ; VOTE! ' _, . v Association survey shows. The /study also shows thai persons between It he ages of 35 and 44 havemore legal problems lhafl any otherage group. It's your Student Government. Vote now or forever hold your peace. lawyer through friends, and relatives," Thrower said. "The telephone book and organised bar sources are the next most popular ways. About one-third of the population, who have used lawyers went to an attorney who was a friend. Of Ihc adult population, about 64 percent \ have used lawyers al least once." The data shows wide disagreement on lawyer fees-, with more than one-third of American adults believing that a lawyer would charge them between $21 and $30 for one-half hour., of consultation, 25 percent believing the charge wouiif be between $1 and $20, and nearly,.4o percent estimating a fee of more than $31. The recently released data analyzed thus far arc detailed in a special January issue of "Alternatives: Legal Services and the Public," newsletter of the ABA Consortium on Legal -Services and the Public. Copies of. the special issue may be obtained by writing lo: Editor, Alternatives, American Bar Association, 1155 E. 60ih Street, Chicago, Illinois 60637. _ . . .. . SBA Party - 3:30 7:30, Thursday. Feb. 26; Music .PLUS coin operated electronic games, pinball. air hockey and pool available .PLUS .in order to avoid runningout-50 MORE mixed drinks ordered 100. MORE Labatt's Beer ordered 100 PIZZAS ordered Held At: THE PIZZA SHOP in Wilkenson at Ellicott Complex (Amh. Cam.) VOTE! Price is FREE butThere will be no admittance without law school ID or schedule card! Students. Faculty, and Staff of Law School invited. s I �February 26, 1976 OPINION Public Hearing Held END OF THE BAR ComisM n eets on Great Lakes Basin Study The public hearing of February 5 provided a forum-lor our, a'rea-'s concerned concerns lor the environment, stressing energy conservation. The Women were dismayed that alternative energy sources wind .uu\ solar were nol considered in the report. Provisions were made for increasing .the number of nuclear power plains, and, Ihc League voiced concern against turning the Great Lakes inlo a heal sink and lor problems associated with nuclear waste cl jspo sa I. Similar apprehension was espoused during the evening session by NYPIRG. 1lie remainder. of the Hearing was dominated by economic considerations of ihe Study's suggestion lo lower the Great Lakes water level six inches. The Town of Hamburg is in favor of Ihis because a significant portion of the shoreline property owners' land investments are literally eroding away. The lowering ol the lake levels, however, is not without adverse economic repercussions. Buffalo would have to maintain the proposed diversion system through the Black Rock Canal. Also, if ihe plans were accomplished ihe increased discharge through the .Canal would prevent the continued use ol ihe ■Canahby lhe4iiMoric Black Rock Rowing Club. The American Sleamship Company. presented iis opinion ol Ihe unfavorable economic effects ol lower levels on ship transportation. Potential environmental damages were nol addressed al Ihis healing, but an environmental impact staiemt'ni was -prepare-cl by the Corps of Engineers. The controversial plan will undoubtedly .have >r lew .rounds helore il is represented. Representatives for Congressmen Kemp and Novak led off the Hearing with the usual perfunctory statements. The League of Women Volers was well informed and articulated its general The existing Framework Sludy will incorporate some of the views heard during llic series of public hearings held throughout the basin inlo ils final formulation. Il will be periodically updated and adopted as our contribution lo Ihe Comprehensive Coordinated Joint Plan between Canada and ihc United Sialcs. by Gary C. Newton Environmental Law Society Thursday, February 5, was Western New York mca citizens' last opportunity lo express their views an the Great Lakes Basin Framework Sludy. The Study, a product ol the Great Lakes Basin Commission, was .m ambitious undertaking compiling dala on available resources and present basin uses; ii also projected population and economic conditions and needs to ihe year 2020. A 27-volumc report culminated ihe 71/1-year, GYj. million dollar Framework Sludy. The Grc.il Lakes Basin Commission, chaired by Mr. Frederick O. Rouse, was established in 1967 by Executive Order under authority of ihc Waler Resources Planning Aci of 1%5. Il is composed of 8 Great Lake States and 12 Federal Agencies, including Ihe Department ol Stale because of Canada's mutual irrteresl in the Great Lakes. The Commission is broadly based' and emphasizes a regional approach to economic and environmental developments within the "basin. The delermination of future policies*■of- ihe Lakes area ii the, Commissions purpose. Local agencies, such as the Erie-Niagara Counties Regional Planning Commission, wiafVTtmelC with the Commission \AjpHr\ regional economic PublicT-elfrfrTg^Held siltecias- 16 rinlericGl .ihoyr vjw| of -the.. "Framework Study. Economic and environmental concerns were fairly well ' Dt=<K=MK=Ml<=MK=—m ■ .. [ ■ \ , HK=>lK_=__ Attention! All IMttientH, Jatultu, g*aff anft Alumni The April Ist issue of Opinion will contain a special four-page April Fool's Day Supplement. Everyone is inviled lo submil material of a suitable nature to Opinion. John Lord O'Brian Hall, SUNY Buffalo, Amherst, N.Y. 14260. This includes letters, articles, news, pictures. Unless requested otherwise, selected entries will carry the submitters byline. Deadline for entries for supplement March 17. Opinion reserves the right to edit all submitted material for length and content. Please note: deadline for regular mii. rial for Ihc April Ist issue is March 24th. — »*■ »» ■"■ »«ig-___«t_==_llC=--_l-=.l 9 by )cff Chamberlain . I Have A Dream "Norman ooh ooh ooh ooh ooh ooh ooh ooh Norman mm mm mm mm mm mm mm mm Norman; Norman my love ." - John D. Loudermilk It is no news thai there are a number of groups in our socicly which arc clamoring for heller treatment on the grounds thai they have been discriminated against because of unwarranted generalizations aboui race, gender, or other "suspect classification." Il is the purpose of this-column lo add one lo their number, by publicly calling attention to an oppressed minority who have not, until now, been included in the official Guide lo Oppressed Peoples. I refer, of course, to Normans. Charges thai America is a racist society with respect to Normans arc easily documented. Witness, for example, the proliferation of debasing, tasteless "Norman jokes." Norman-Americans are rightfully upset about such "humorous" anccdoics as "How many Normans does it lake lo screw in a lighibulb? Three: one lo hold ihc bulb, ,nu\ iwo lo turn Ihe ladder,' or, "What does il say on Ihc bottom of a Norman Coke bottle? Open other end." Il can hardly be denied lhat such insults larnish ihc name of a proud ,\nd intelligent people. But far more important than this has been ihc systematic repression by the majority of any vestige of a Norman ethnic or national identity. Normans as a group have been subsumed in the popular consciousneess within the acronym "WASP," an appelation whose opprobrious connotations are excelled only by ils inaccuracy. For Normans are not nor ever have been Anglo-Saxons. Furthermore, the fact lhal many Normans arc now Protestant only adds religious persecution lo the inequitiesinflicted on ihis long-suffering people. Normans arc simply nol allowed individuality the Norman heritage of few individuals is a mailer of common knowledge. (Despite his surname, there is a good deal ol doubt as to the racial purity ol any Norman bipod lo be found in former basketball star-Will Chamberlain.) Ihis denial ol identity lakes many forms. Noteworthy, although surely of less than seminal importance, is the fact lhal the prestige and wealth of the Norman peerages in Great Britain are at .v. all-lime low, while of course i. is well settledlhal Ihe position of Ihe United States against any formal peerage system whatever was really a barely disguised act ol anti-Noimanism on Ihe pari of the Founding Fathers. Historically, Normans have been depicted as a ruthless band ol marauders who simply drove off legitimate possessors ol land the Normans wanted for themselves. Ycl Ihis melhod of acquiring real estate is dislinguished from another, passionately defended historical episode principally by the choiceof weapons: Normans preferred baiile-axes lo trumpets (" and ihe walls came a'lumbling down ."). -■■*■■■ In reality, of course, the Norman homeland is not Great Britain, bul Normandy, on lhc coast of present-day France. Normandy the spiritual Mecca of Normans ihroaghout the world has nol been independent nor under Norman control for many hundreds of years, and any requests to restore Ihis counlry lo ils righlful inhabitants have fallen on deal cars. Jndced, such is ihe .ndifferenco-of ihe world, lo ihe plight of ihe displaced Norman people thai many Western counlries exalt as "heros" members of ihe military machine which, in May l'J44, ruthlessly invaded ihc shores of Normandy without so much as a "by your leave." Il is hoped lhal Ihe publicalion of Ihis article will further spur a New Awakening of Norman-Americans lo their ethnic, national, and cultural heritage. Members of ihe Norman Republican Army, the military arm o\' ihc Norman Liberation Front, are liberation in Normandy. Militant presently preparing, for a war of Norman-Americans have formed the Norman Defense League in support of the goal of restoration of Normandy lo Normans. More moderate groups, such as the Norman Anil-Defamation League, Ihc National Association for Ihe Advancement of Norman People, and the National Organization for Normans have been formed to promote ' .. r Normanism on various frontshere in ihc United Stales. Al Ihe law school level, the Associalion of Norman Underprivileged Students has petitioned ihc SBA for formal recognition, offices, lelcphones, and money to takeseveral busloads of law students to Albany for ihc legally significant educational purpose of petitioning the Court of Appeals lo gram credit for courses in Norman Law. Efforts arc also underway lo require the law school lo recruit its fair percentage of Norman students for admission, and the financial aids people are reportedly ready to approve affirmative action scholarships for Normans. But Ihe Norman Liberation Movement, presently in its infancy, is more than the struggle of one people to regain its identity. Il is ihe struggle of Everyman against the oppressive system; il is the struggle of each and every one of us to be accorded his rightful place in ihc society. We must all join the fight for the freeing of the Normans from ihc yoke of oppression will be one giant step for mankind on the long and difficult road lo freedom and justice forall. If you're not pari of the solution, you're part of the problem, forNorman liberation is all of us. We shall overcome. Give a damn. v ID REVALIDATION AT THE LAW SCHOOL THURSDAY MARCH 4TH (ROOM TBA) 8:30 A.M. - 2 P.M. To use any University service, you must have a VALID ID. CARD TO LHBH: HAPPY BIRTHDAY Love always, J. Ch ccver �February 26, 1976 OPINION 10 Estates Exam It Couldn't Happen Here? The following article ts reprinted with permission from obiter dicta, a publication of the Legal and Literary Society of Osaoode Hall Law York University, Toronto. Ontario. School, Canada: lan 12. 1976. On December 17, the Estates B exam was not written, The sludents arrived, prepared for a closed book exam at 9:30 AM but the examination had not yet been preparedby the professor. What happened? How could this have happened? What is going to happen to the students who refused to write the exam? It is necessary to not only look at the event in particular but also to examine what this incident means in a broader sense Pto the student body in general. On that day the students arrived and sat down in Room. 101-102 prepared for a three hour exam. The exam booklets were distributed but the exam was not ready for distribution. The students sat down to wail. Initially it was believed to be only aprlnling delay, as had happened for other exams, but it was soon discovered that the exam had not been completely prepared. Prof. Blanchard had arrived early that morning, Ihe morning of the I7lh, lo finish the preparation of the exam, only hours before it was scheduled lo be written. The students were angered and frustrated. Some bad exams to write the next day and expected to go home and finish studying for those exams. They could not wail until noon lo write the Estates paper. Others had lo leave to calch scheduled flights to their homes lor the Christmas holidays. Moreover the students had expected to write at 9:30 AM NOT at I2:00noonor whenever ihe exam would be ready to be ■written. This delay was the culmination point in the dissatisfaction with the course expressed by ihe students throughout ihe derm. The exam started coming down in pieces, one page at a lime, hut the studentl refused lo write ihe exam until ii was .completed and all parts o! il were in their hands. The majority of sludenis signed a petition stating that they would not write the exam at all when completed. No persons in authority were available during the early slaves oi ihe dispute lo settle the mailer. Four professors, Piulcssois Cullil\, Bucknall, Linden, and McCamus, arrived at the request ol the students to try to work oui a solution. The students were assured by ihcse proiessors thai at Ihe maiks meeting on January 20, that they would argue on behalf of Ihe si udchls 1 hat refused lo write ihe exam mi lh.it I heir results would not be harmed hy ihe absence of a mark in ihe Estates course. Three possible options weie presented to the students. 1. lo get aegrotat standing in the course which would not affect the students overall average. The aegrotat standing appears on the transcript as aeg. I here is no explanation as to ihe reasons lor Ihe aegrotat attached to the transcript. 2. To gel ,\n average mark based on their performance in theirother courses. 3. To write Ihe exam al 12:00noon lhal day. If the student's performance on the exam was poor (as a result ol the morning """disturbance) ihe student would then receive an aveiage mark, not ihe exam mark. The exam mark -vwui count only il ii was higK Ih. ii siikicni s average ~Mik luci l\ !«" -lujcnis -i.i lid to exam, several left alter uulc Hit. bin seeing Hie exam paper. Only ihieieen sludenis finally wrote the exam. Those thai left felt that the exam did not fairly reflect the material presented during the k-ini In the course. Piolessu' Mc Camus to all the students in senl oui lelteis on December 11 io explain (ihecouis. whai would happen al the marks meeting, repeating the options"related earlier on the day of the exam. It is likely thai the . decision at that meeting re: the marks will were In ihe right lo leave the exam. Why system to" work. When it doesn't, follow one of ihcsc options. Any olhcr should ihey have had lo participate in such mini-chaos results. To prevent a repeat of -MLined to hand in this type of error, it is suggested thai decision could only result in protest by the a fiasco? Proles- 1 exam- four exams be handed into the registrars office students in the course and added lhe completed prepared embarrassment to lhe administration. In days before lhe date scheduled for the at least two weeks prior to the exam spend a period. This is the usual, practice at most do lhe end the students will .probably be exam. Mosl professors .treated fairly. But why did this happen at considerable period of lime preparing an law schools and universities. The Mis nol possible to blame any one exam to fairly lest lhe material covered in administrative bodies that ensure the person in particular for Ihis fiasco and lhe course (some better lhan others). What secrecy of exams surely can keep the no one person should be blamed. Bui lhe arc sludents to think when the professor is exams hidden for yet another 10 days. At incidence cannol be shoved under Ihc preparing the paper the day of the exam? least, a lengthened period should act to carpel and ignored. Look at Ihe exam in How good is lhe exam going lo be as an prevent a reoccurence of this mishap. The general as part of the whole evaluation evaluative instrument if it is made up al the administrators would be able to check up system. Exams arc usually nol an effective lasi mlnule? The F-tidies exam was an on those professors that had not handed in incident. tor students, a prepared exam and there would still be evaluation of a siudenfs knowledge or unfortunate and lhe adequate time for the professor to prepare understanding of a course. A Ihrec-hour staff, the professor involved purge of incmori/ed and semi-analyzed administration, lhe blame cannot fall a well-written, well-thought-out exam. Blanchard. Individuals material docs not prove that )oc Sludenl is solely on Professor The Estates exam was not written. going lo he a competent lawyer in lhal area participating in the system of an institution This event should not be forgotten but be of law. Some students find exam-wriiing arc not infallible. Human error does occur. remembered as an unfortunate incident, a very difficult cither because they are nol This is nol offering an excuse for the human mistake, a breakdown of the fast thinkers, despite a knowledge of the incident. Bui sometimes things like this can system. It should not be blown out of Then been for one reason or another. happen course material, or as they have nol proportion. But it should not happen [rained in exam-writing skills. Other look al the system1 Unfortunately we are again, especially if exams are to be the sole pari of lhe Osgoodc syslem while we work sludents simply cannot write fast evaluative process in the majority of lo gel all the material down in lhe allotted or attend school here (despite attempts by courses. system). disregard the lime, especially when the exam isovcrlong many of us lo by Judy Wahl lo bejjin with. Second and third year Especially al exam time we expect the sludcnls oflcn write exams two or three in succession, a very tiring process that probably results in reduced performance on lhe last exam in the scries, Some sludents simply find exam-writing a strain on their nerves and. perform poorly as a result ol their own paranoia. For any one of a number of reasons some sludcnls will never he able to achieve high marks, or in some cases, even "good" marks despite competence in lhe course material. by Linda Enke Professors as well as students have argued thai to oiler alternative forms In an attempt to light the apparent attack on student services by University of evaluation would Increase the-already heavy workload un the sludents. I President President Keller, UB students have formed a task force which is considering a Alternative evaluation would also increase |packet of petitions and letters supporting the services lo the State University Board of the professors' workload, preventing Trustees and lo SUNY-Chancellor Ernest Boyer. Ihe task force hopes lo solicit help from studentassociations in the other SUNY him/her from doing the research and reading necessary to be an effective', schools so thai ihe issue of student services becomes state-wide and not a "local knowledgeable teacher. Exams have been Iproblem." The hope of students working on the task forceis that the Board of Trustees praised as a posilive evaluation tool as will be more responsibe lo this issue lhan Dr. Ketter. This hope is based upon the position sludents are forced lo do a complete iwhich the Board took regarding the UB Birth Control Clinic several yearsago. review of the course and lo lii all Ihe disparate parts together in a cohesive Cavagc Complaint whole. On the olher side, exams are Ihe catalyst of this concern has been the law suit filed against the University by crilici/ed as being a negative learning Carl Cavage. Mr. Cavage seeks the closing of the SA Record Co-op on the grounds that it experience, as sludcnls prepare lor an competes with private enterprise. President Ketter has stated that should the exam and promptly forget lhe material unfairly University lose the suit, he would have to close down other student services. Thisaction is after the exam or are unable to apply lhe the College Council, according to Steven Schwartz, SA Director of Student material lo aciual situations. This will supported by Affairs and non-voting student representative to the Council. In action related to the continue lo be ,m ongoing argument as Cavage suit, the Student Association is seeking to be named as a defendant in the case. long as 100 per cent final exams are the Student representatives who witnessed the preliminary court proceedings argued that the primary form of evaluation in a majority of Record Co-op should be represented'by its own attorneys since one cannot assume that" HtiiiM's ai Osgootle Hall. Whatevoi (he argue the case in good faith. Support for this the lawyers of the j;:'imeii|s pin and con ie: exams, lhe charge was substantiated by the facfthat University lawyers were obviously unprepared accepted practice ol evaluation as of for the preliminary court proceedings. December 17, 1975 was 100 pa cent President Ketter has formed a University-wide committee to define student services finals. As this was the case, it can be and to clarify mandatory fee guidelines. Representatives of the various student assumed.lhal since lhe administration puts governments have generally agreed to participate in thiscommittee although they do not such an emphasis on exams that the believe that Dr. Keller will be influenced by the committee reports if they do not sludcnls should take the exams seriously. coincide with his views. The students feel that a student boycott of the proceedings Mosi students do prepare for the exams would weaken their case with the Board of Trustees since their basic argument will despiie midterm laziness. There are certain revolve around Ketter's probablerejection of the findings of his own committees. Student expectations lhal the students have come support in not unanimous on the issue of committee participation since many students accept to with exams and the students feel that President Ketter has no right to establish guidelines for the UB campus. They woik lo lullill these expectations and, at argue that the guidelines, if established at all, should be established in Albany. leasl, pass lhe finals, lhe Esiales exam was Despite students' Pharmacy Controversy no exception, dissatisfaction with the"course during lhe lerm, they arrived on lhe 17th In a related issue, Sub Board I, Inc. has voted lo hand over the license for the Sub expecling to write a closed book exam. Board pharmacy lo ihe Administration if Dr. Ketler will agree to release funds for the How seriously does the administration and pharmacy. As a result of the controversy over the license to the pharmacy, billshave not faculty expect the sludcnls (o lake the been paid lo any of its creditors. Complaints against the pharmacy also came from private enterprise in the Buffalo exams when ,\n exam is nol ready until Vh hours after-the lime scheduled for lhe community. Spokespersons for these businesses argue thai since tax money supports the exam? Did lhe sludcnls overreach to the very existence of the University, it is.unfair that student-run businesses compete with situation? Probably not. Under lhe them. They stress the fact that these student enterprises do not pay rent or electricity circumstances, when exams are held lo be since they are located in state facilities and that they do not pay union wages to their such„serious affairs, when such.great care is employees. taken lo prevent cheating, and when ihrec The position against student services seems much stronger in Buffalo lhan in other months of work is to be evaluated in the SUNY schools. Students al the other schools fear, however, that adverse "rulings in single three hour period, lhe students Buflalo could set a dangerous precedent for their own services. It is 'this fear which will reacted only as ihey could have in anger, most likely make the issue a state-wide one, with sludents from all SUNY schools in frustration, in disappointment, They appearing in Albany this spring. . Student Services Threatened - - < ' • �February 26, 1976 11 ;-'ii7,'v. ■■^^^^■^■^•^■■^^i^^^— ""i^«""«^^^^""«^^^i"^—^^^^^^«-.-™-«^^™M__—_J v i & , 9,,,,.i. 'Ot . ~.,,* . ' M J ,■. ■ ■ ,„,,. .. - - 7,1'.i/4st.ip"""' ,* re. ,u,| as >'|U ' rtl "■''"""*' I".-, ho.'". ...'»V ."-< „„ „J K...W" ol Ml"? »i fcWT. condc.UniliS- e loreign l""K> hal «<KOlOl_ll>| P" Mhiw L ,„i year .n l' polity ..£ P'' .'Peicc k and uj Prof. Ch..ms_s Middle t...si; 0«" IW)ri Much has" Nal'aanhood, ol U on BlicJ Mppcmd STO MM k; ta loovhi.* upon l«*»" »»' io.e.esi... leciu. he |„d ol Ivaei, d ««> Am_""' V H ■ ■ *"» 'fLe * " ■ v, ■" J *■" ,„, ,l which K -v fjcl ih,.' wt . . ,. . , the ny ~.;„„ LO ,p thcs. "" (on.. ~,._w_ t P">' ~i. lomm i„ncni| Is.acl--■>'<"''" Chomsky „",,,,.due »">•»*!"';, „i. flhanh..»«. ~,,,„.„„ as. „.,„ s.eat.nj! ,"r:,,7,n«7ves,t.a,. a k -. |,„h„p, Ttand j„..m p,.,.,.1. "'""rI."_'::.. i^v - - y ■■ ' - -i._ % P" .. . . . ,('■ ,~ < „ ,,.„ ,,„„,„ . ~, a Wilt llahk 7-..J-' ■ .- " - HP - uu .Wta. '»' n-..c.e A.ah U-wisl. I. nh holY »„„id i„ ,|„ |.,m ;„.„„|v ~I -"H;' !'"7""'V' ";" """';":""" 1 .. -' .-nai.ona. making ihc P.L.O. and .* . iro.wd .. one ___._ i ..'.J.h '.n_._l Ihfijsfaeli light who '"'•'7*. , V ~,h progress,,* Ivaeh, and P'o.ssoc __*_*_ .1 J _h a Ihc I™' linlll -•-■"» a »__ l». which aicludes l.o.eupied len.lor.es and would l ' »"' I'll). :. I >t .hi. position with ihc words lew and Arabreversed, for while Ihc P. 1.0. lallsol ihe Palestinians a. a separate nation. It see* .I*llas one hody in a Rieaiet ...ntCdeialion of Aiah slates. irhi. p.isil...n ol ihe P.L.O. causeChon.slv lo comparei.... ihe Kui_iinlanB in Ch.na sshKh ceniually Ba.c way lo a truly nanomlisl mo.em. I, See "Peace In Ihe Middle l_a,l''| Uniil b.slh sides.call/e olhe.S „«_.,„ csis, a, a nalional enl.ly, -peowess lowa.ds ~c is an ,_ ' mp, i " "" " si '""'""""■" wnin " - ' I a ,„».,„„„. ''■ »i ~,, ln« ihc Palesimians ';.;;"„,',' ,'j,.,,*,.„„.,; ■ he Lapps <■■''' i 1...m,1, _,yl.i n..i andci n - to lurm .1, .. ~! 1 U.nc ».«« oaHra _«.. haw ,n_b_a V,.h «"""" P.,i,...i»»""; V ihan ihc „l ' , ,„,,cd I" «« »•"• '' ~„■ Man W_l««'k '" 'p" .'„, ,!»•.. lo.nll *."' , I ' '' ,ltl tH __*een ""' *"'" " „^sl_V_'l '.P. C '° ,„ I „ ,l..p.'c *>* ""* He...„„,„ „„L"',|,c !ha>.-", ,„„,„-„ w.11.T0 ■ u has un"* Lln""'„'V„ "'"'. 7r P \."' - ,~ , '''''"'*'V',"7',,. ■*,v •' ~ r l** "-*.«" l '""t ; '""''"7 UJ Ml "",'',!. '>;'""'". J fan*" in '*"'?" H» "f ""'i -"* --------',h,>sr "'■».•*"'" n.imari a I' n*"'- " ""/J parte. m\W\\ \\\\\\. 1. # „,„I***-*"" ict.l.*. B| \t '-***' "I-S„, *"*,;. _■ ihc #\» *"I""" '*"? withh.swo.Ws """ chomsL v ~.d<P'.■.'• *'~'L, „ ,.,r,s on <«-ih. •" • ' . . ,„.. '• , 1 ,'*'" , ■ ■-* . V.»wU.slin.i*"' UV mS nfid f,uL N"J,TI |,tll.L ly. X _-T. Bfite^fcL!" '' Vision 7 •■.."•*> ■ ■ ,-• s : 1 at „• The Law School newspaper sat in the hall, The old senior staffers had a great fall. Now all the new students, the women and men Must help put OPINION together again. • MeetingWednesday, March 4, 3:30 p.m. \ i \ . ** �OPINION 12 Opinion SPORTS The Heck With Meek and bets will be returned. If there are multiple defendants you can play parlays or by Lawrence M. Meckler "The only exercise I get is jumping to conclusions." - quinellas. Contempt violations will now be punished by 2 minutes in the penalty box. If a lawyer/is stunned by a witness' testimony, instead of a recess there will be a 20-second Graham Cohen I injury lime-out. The jury pool will now be called the Taxi Squad. Instead of appeals, there will now be protests. Demurrers will now be considered forfeits or TKO's. Who stole my book? In one of the most dastardly crimes of the century someone l The Designated Lawyer Rule will be effect for 3rd Circuit cases.. Lawyers who stole my Ethics book. The humiliationand outrage I feel at having my Professional Legal just for that phase of the Responsibility book ripped off by presumably a fellow coHeague has soured me on the, specialize in certain areas such as-polling the jury will come in case. legal profession. J I here will be a scoreboard to keep track of the evidence. If an objection is Therefore, lo get me back in the fold, law needs to make a change. Most cases are boring. The same old crimes over and over again. Attendance at court proceedings is going sustained, the Big "E" will light up. We will now have Monday Night Trials with Frank Gifford and Howard Cosell down. The outlook is bleak. There aren't many good criminal prospects or judgescoming up from the minor leagues. The way to gtt the legal process hopping again is to bring the ..(doing the announcing. The scrub cases will have someone like Dick Button at the mike talkingabouf the double "HamiM"-Camel. > sports world into the courtroom. The national anthem will be sung at each trial except for political trialswhere the We must get fans coming to the trials. A good start would be the idea of -" promotional gimmicks such as Bat Day. Except, instead, give out free judges' gavels to the 5singing of Ihe anlhcm may prejudice the jury. At ihe start of every legal season, the President will throw out the first indictmentfirst 100 spectators or freehabeus corpuswrits. The trial will start with a coin loss. The winner gels his choice of giving ihe opening iand the bailiff will yell "Play Ball." There will be a chart with lawyer standings. Wins, losses, mistrials and in William statement first. The loser picks ihc side of ihe courtroom he wants to face. Vendors will be going around selling hot dogs and beer. There will be picture taking \Kunstler's case, contempt citations will be listed. At the recesses of the trials there will be half-time shows. Youngaspiring criminals sessions with the accused criminal. Star witnesses will autograph subpoenas forihe fans. will participate in a Rape, Mug and Run contest. Mock Trial Technique students, with Spectators will be allowed to bring in banners and root for their side. ] The instant-replay will be brought in especially for" such high moments as when a mock suits, will engage in a mock trial with a mock judge id a mock courtroom with a witness points out a criminal or a judge falls asleep. We will have slop-action isolation mock juror, also as part of the half-time festivities. Hopefully, someday by bringing the sports world into the legal process, there will hoping to catch the defendant squirming in his seat. Gambling will be introduced inlo the adversary process. There will be a morning be a Lawyer's Superstars Competition. Such events as Speed Sheppardizing, 500 Meter belling line on each defendant. Factors to lake inlo consideration in determining the Downhill Cite Checking and the Martindale & Hubbel Obstacle Course will make that odds are previous convictions, whether the defendant ran on a fast or muddy track and show great family fare. A Criminal Superstars Competition would have to include such who the jockey, or in this case the lawyer is. Sharp bettors will be watching out forihe events as Committing Perjury before the Grand Jury, Safecracking and Hubcap Swiping. Some parting words with respect to the theft of my Ethics book. The only clue I possibility that the defendant might be moving up in class, say from petty larceny to an FFA or slakes crime, such as rape. If a defendant cops a plea, Ii will counl as a scratch 1"have to ihe identity of this fiend is that he must be a hockey fan. I don't like hockey. • * ' .' . r r t 1 s c The Magic Act by Myles Elbers The next opponent was On The Rocks. They were pre-season favorites tochallenge The intramural basketball league will have concluded by the lime this column is Red's Boys for ihe title. For this crucialgame, the WFL nearly did fold. Wandel had first temporarily suspended for a training published. Once again, Red's Boys have won the league championship. Usually, attention .year-tension and opted to sludy. The Meek was is paid only to Ihe winners, but here we are going lo lell you about a great bunch ol violation and Achtsam didn't show. Rumor was that he was afraid his string of H's might stop. also-rans: the WFL. Against these overwhelming odds the rest of the WFL fought courageously. Sporn WFL was a fitting name for this group. They appeared to have no chance for success and would have folded before the league started, but for some last-second and Carr battled the taller opposition off the boards. Ginsberg turned inlo instant player financial support. Their beneficiary wants to. remain nameless. This is guile and played hishcarl oul. Elber hit some bombsand Usher turned into instant offense. He understandable considering what he invested in; he does not want his sanity challenged. broke ihc team and league record for mosl shots taken and most foulscommitted. After The WFL was an offspring of the dcfuncl Flyers. The Flyers were an unsuccessful the game it was discovered lhal Usher had in fact become the first man in leaguehistory Usher venture in last year's league. Their record was 3 wins and 5 losses, but one of those was to commit more than five fouls and argue about every call. Those who know say the result of a forfeit. Reliable sources tell,me that the opposition had showed up wilh had lo be righl. He has Gd on his side. The WFL .lost its first game, but their solid performance kept up their confidence. only four men. The Flyers realized the potential embarassing defeat and graciously Because of their fine early season play, they were scheduled for the second half of the accepted victory by forfeit. Most of the former Flyers signed up with the WFL. Tje WFL also made some key doubleheader, the nationally televisedgame. Their opponents, however, a team called the additions. They had a shrewd coach named Larry Ginsberg. Off the waiver list they Soffermans, failed to show. What a down it must have been for the vast television picked up the lean and mean Andy Tolko.f. Their big move, though, was a gamble_They audience to see the resurgent WFL in action. Thousands of letters poured into our office signed Larry Meckler to a lucrative no-cut contract. Mecklerhad the makings oT a good cursing the Soffermans. What is a Sofferman, anyway? player. He could run and jump well and was a tough city ballplayer. To the uninformed, The next game marked Ihe highlight- of the WFL season. Usher left the team on a being called a city ballplayer means you have a lousy outside shot. This was true of the sabbatical. The Meek was now a starter. The opponent was the Ambulance Chasers. legs. money? had bad Was he worth all that Meek. But worst of all, the Meek The Meek was understandably uptight and did little to contribute to the success of The draft of incomingplayers provided a promising guard named Jeff Wandel. More the team. However, Achtsam was playing an incredible game. Outrunning everyone and importantly, Jeff reinforced the one element the team had on theirside, G-d. How could shooting like a pro, Achtsam, the smallest man on the court, dominated the game. The -, WFL held a 5 pojnt lead with only thirty seconds lett. I hen disaster! lurttovers, misSed a team lose that had a backcourt wearing yarmulkas? The returning veterans wer,e hopeful. Their big center, Jerry Carr, promised he rebounds and the game was tied with only seven seconds left and the Ambulance Chasers would stop trying to learn to dribble during a game. Usher Fogcl, a fine half court player, had the ball. They hurried to get in position for a good shot bul missed. But the Meek had a revelation that there was more to basketball than shooting. Howie Sporn, the tough had fouled the shooter. Two chances to lose and, for the first lime all year the WFL strong forward, looked backetball than shooting. Howie Sporn, the tough strong forward, showeSsigns of dissension. looked figured the year of exposure would help his shooting. And Myles Elber promised BuTthe old choke; two missed foul shots and into overtime they went. to concentrate on the game and not the point spread. The overtime was exciting, though poorly played. Elber, believing he still could Sadly, the season started much like the last one ended. With little more than two play, (fribbled around and forced a shot that missed. Probably,-because no one believed minutes gone, the WFL was down 8-0. Their financial backer was cursing his stupidity. he would take such a dumb shot no one went for tne rebound except Elber. Then, pop. Ginsberg had second thoughts about picking his starting five by foul shooting. Their top Game tied and into suddendeath pick hadn't shown up and the Meek was 6n the bench. But suddenly, they started to play The AmbulanceChasers Won the tap. Meek's man beat htm and was driving towards well. Carr swept the boards and started the fast break. Usher snuck away for Lay-ups. Achtsam and Elber started to score from long range and Sporn was a rock on defense.. the basket when Carr ahd Elber blocked his path and deflected the ball towards Meek. Meek grabbed it and flew down the court. He wa. double-teamed, but with a flash of The game was theirs, a romp. The bench came in and pocketed the lead. Ginsberg lit his victory pretzel early. He explained lo the team thai they probably i greatness he faked, turned around, shot and scored. Victory! But the Meek was on the floor in great pain. What a classic picture. The great price the Meek had paid for victory. started lousy because they were self-conscious about being the skin team. Looking at Yes, the Meek had lived up to his prtf-season hype. He struggled to his feet and humbly their pot-bellies that was understandable. accepted his teammates' congratulations. Sweet success. The team was enthusiastic going into the second game. This was quickly tempered The story ends here. The next two games were disasters. Carr was sick and missed when they found out that the ball they were playing withhad no grip. The ball, aided by the refs, turned the game into a circus. Turnovers dominated this fiasco. But amazingly, both games. Sporn played valiantly at center but received little help. It didn't really key by Sporn they and behind baskets and Carr held on to a some i matter. The worst they could do was finish at .500. They hadn't folded and despite the the WFL kept its cool narrow two point victory. Ginsberg wanted-a raise. The old veterans really believed they lousy balls and the lousy calls, they had lots of fun. ,' P.S. Benny the Book's bookie stiffed him. had a good team. They could taste the extra playoff dollars. . .; - , ' _ . -- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-02-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/26/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:46:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e5013d210426ee3161875afca896cb90.pdf 206094e83f90934212904bfe64926e3d PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 16, Number 5 State University of New York at Buffalo School of Law Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 February 5, 1976 Chomsky Advocates Vision in Arab-Israeli Conflict by-Abbott Gorin On December 5, 1975, Jewish Law Students Association, Mitchell Lecture Series, and the Distinguished Visitors Forum presented Prof. Noam Chomsky of M.I.T. to speak on the Arab-Israeliconflict. For those of you not familiar with Prof. Chomsky, he is, primarily, a linguist and has made major contributions in that field with his works "Syntax of Language" and ""'Cartesian Linguistics." Prof. Chomsky has also been an outspoken critic,of American foreign policy condemning the neo-colonialist policies that United States policy makers have followed. Last year Prof. Chomsky's book, "Peace in the Middle East? Questions of Justice and Nationhood," was published. Much has happened since the publication of that work; however, Chomsky gave an interesting lecture touching upon Jewish and Palestinian claims to the land of Israel, and the reaction of American policy makers, and of the American industrial and established liberal community to the crisis. Prof. Chomsky began his lecture with a heavy attack upon the interim Sinaupeace accord between Israel and Egypt so widely acclaimed by Secretary of State Kissinger. The agreement is anything but an interim one, and .for precisely this reason, it assures continued military confrontation between Israel and Egypt. What the agreement in effect accomplishes is a sterilization of Israel's southern front facing Egypt. Despite the recent cooling of Egyptian-Soviet relations, and the heavy influx of Soviet Arms into Syria, Egypt remains Israel's prime military adversary. With this pressure removed, Israel will continue to annex former Egyptian territory, most notably the Gaza strip and an access corridor to Sharm-EI-Sheik on the Red Sea. As a sovereign state, Egypt cannot tolerate such a policy for any length of time. The longer the annexation process continues, the more Kissinger's step by step approach becomes a freezing in space of new boundary lines creating increased tension between the belligerent seek retribution? In addition, if the P.L.O. was given the West Bank to rule, like most political regiemes, it would snuff out opposition which would jeopardize its sovereignty. The P.L.O. itself would curb terrorists least the Israelis or Jordanians intervene militarily. However, because Israeli policy makers are intent on an nexation they choose the more parties. Annexation with respect to territories occupied as a result of the 1967 war is not limited to the Sinai, but is going on on the West Bank of the Jordan and on the Golan Heights. Israeli policy makers justify these actions on the basis of security despite the fact that the majority of Israelis are willing to give up these territories for concrete co mmi t ments towards peace. Prof. Chomsky believes that a policy of annexation will jeopardize Israel's security rather than heighten'it. Perhaps even more significant than the events in Sinai is the question of creating a Palestinian state on the West Bank. Such a state, if present conditions prevail, would be a small entity between Israel and Jordan. What Israeli hawks arc quick to pick up on is that this would be allowing the Palestine Liberation Organization open access to conduct terrorist activities in Jerusalem, Tel' Aviv, and the populated centers along the Medilereanean Coast. It would be putting the terrorists in the front yard. However, would this situation be any less dangerous than forcing the Palestinians to integrate themselves into Jordanian society where they would eventually predominate in civilianand military affairs, thereby giving their vengeance a well equipped military machine with which to HOMBD URGE, ESMOND RETIREMENTS WAIVED At their meeting of January 28, the SUNY Board of Trustees approved waivers of the mandatory retirement rule, by which SUNY faculty are to retire upon reaching age 65, for Law School Professors Adolf Homburger and Charles S. Desmond. Both needed and desired the waiver to continue teaching next year. As_with previous waivers, the recently-approved waiver for the two professors is effective only for the next academic year, 1976-77, as it must be soughtannually. New "Certiorari" Want to Publish? The Opinion Editorial Board wishes to announce that contributions of student research papers for publication in the second annual volume of Certiorari are being accepted through February 20, with publication planned sometime in April. This year's Certiorari will be devoted to the general subject of state and local government relations, governmental programs and administration,and the legalproblems of political subdivisions. Possible sources for pubMshable material include seminar papers, independent research, and grant-funded projects. Contributions will be evaluated according to the criteria of legal scholarship, originality, writing quality and readability, public interest, and utility to the profession. Selection will be done by the Opinion Editorial Board, interested faculty, and representatives who will be sought from student projects active in the area of state and local government law. The second voluffle flfCertiorari will, in terms of format, be similar to the inaugural issue published last spring. ,' Students interested in submitting papers to Certiorari may do «> through the Opinion office, room 623, or through Opinion's 3rd floor mailbox. dangerous Rath of forcing the Palestinians to integrate into Jordanian society. Prof. Chomsky would not be happy with a West Bank partition under the P.L.O. since the effect would be to create two Ulsters, i.e. a predominantly Arab West Bank with a minority of Jewish citizens who have inhabited Jewish holy places there, and a predominantly Jewish be assured. A west bank state would be a halfway house with progressive Israelis and progressive Palestinians making increased efforts to build a culturally plural state, but a politically integrated one. Ironically it is the P.L.O. and the Israeli right who stand in opposition to such a move. The Israeliright envisions a greater Israel which includes the occupied territories and would have Arabs as second class citizens. The P.L.O. is a mirror image of this position with the words Jew and Arabreversed, for while the P.L.O. talks of the Palestinians as a separate nation, it sees itself as one body in a greater confederation of Arab states. (This position of the P.L.O. causes Chomsky to compare it to the Kuomintang in China which eventually gave way to a truly nationalist movement, See "Peace In the MiddleEast?"). Until both sides realize the other's right to exist as a national (continued on page nine) Legal Writing Program Faculty Complies with Court indicated that it could not approve the awarding of gradqation credit for a Reacting to a decision by the Court of program in which faculty contact was so Appeals to reject credits earned in the remote. Discussion of the crisis by the faculty student-taught legal writing program as applicable toward minimum graduation evinced some resentment that more requirements, the faculty moved at their forethought had not been given to the January meeting to reduce the credit problems which might be generated by a awarded to writing program students from student- taught program, while others three hours to two. They also required the defended the initial planning, expressing students to register for. a fourth spring disagreement with the reasoning of the course so as to continue to meet Court of Court of Appeals. Several faculty members favored a , Appeals requirements. With notice of the Court's decision on motion by Prof. Ronald Allen to strip the the writing program, credit being received legal writing program of any credit and as the semester was actually,commencing, simply continue it as a requirement, but the faculty were presented with an the majority voted to continue awarding emergency plan devised by the credit for internal purposes, largely in the administration with the object of belief that credit was necessary to insure preserving the student-taught writing that students in the program fulfill their program while insuring that first-year responsibilities to it. The main motion, to reduce the students in the program earned at least 12 credits acceptable to the Court towardthe program's credits to two and to require 81 required for graduation. The two credits enrollment in a fourth course, was awarded for the writing program will now thereupon passed unanimously by the be recognized by the Law School for faculty, with the administration noting internal purposes only. that approximately 90 first-year students The student-taught legal writing without a fourth course would be specially program was developed by the faculty last registered into available and reopened year upon their realization that faculty upper- divisional courses. interest in teaching small-group electives A mass meeting of first-year students was insufficient to accommodate all held to explain the situation and arrange first-year students in such electives as the the additional registrations was, however, preferred mode of writing instruction. With the occasion of heated protests, -as small-group electives available on a more numerous students challenged the worth of limited scale, the faculty voted to establish the student-taught writing program, a legal writing program under the denounced the alleged inequity of having supervision of Prof. Joan Hollinger, to take an additional course a week into through which the remainder of the the semester, ( and charged the first-year class would receive writing administration and faculty with various instruction by student teaching assistants. degrees of misfeasance or malfeasance in In its letter to the Law School, however, the handling of writing instruction. the Court of Appeals, which has Dissatisfaction with particular course administrative supervision over registrations continued to be expressed late requirements for admission to the bar, into the week. by Ray Bowie _ �Februarys, 1976 OPINION 2 ours yours OPINIONS The Jury is Out THE JURY IS OUT The problem is, the jury never came in. An important feature of the Trial Technique program, actually the crux of the course, is the full-day trial held downtown in an actual court setting. The student attorneys handle a case from the opening to the closing statements, and the jury then renders a verdict. Ideally, the jury is composed of student volunteers from the law school. Serving on this juryis an invaluable experience, one that, as lawyers, will probably never be experienced in actuality. The opportunity to view a suit from the layman's point of view cannot be over-recommended. Yet, little response is had from the student body. The trialslast semester were forced to proceed with only one juror. Needless to say, thisis unacceptable. The trials are held downtown, and the courts are easily accessible from all parts of the city. Neither should therain that day have been a deterrent. In addition to the importance of the experience to the juror, it is important that the student attorney have the opportunity to perform before a jury. At some point, most of you will do so; the practice is even more important for those contemplating a career in To the Editor: On Palm Sunday, 1972, the Very Rev. Francis B. Sayre Jr., Dean of the National Cathedral in Washington, D.C. said, "Now the Jews have it all. But even as they praise their God for the smile of fortune, they begin ajmost simultaneously to put him to death." The Holocaust and the Jewish State has been something of a thorn in the side of some modern Christian theologians. A system of thought that must forever explain, or explain away the fate of the Christ killing Jew must ultimately reconcile itself with the secularization of those beliefs carried to this insane but nevertheless logical conclusion Nazi Germany. Billy Graham, spiritual leader of Presidents and countless millions has provided us with another version of this ugly scenario. The Hiding Place, a movie ostensibly about the Holocaust, has surfaced at a particularly troublesome time for responsible Jews and Christians. In a rather obvious way, this Graham production portrays the Christian protectors of Jews as martyrs, while the Jews are nothing more thanlonesome creatures who eventually expose their protectors to the Nazis. This "dramatization" ignoring litigation. history, fact, truth or whatever rational criteria one might use adds to a process of Most students take Trial Technique. You, too, will want to get the most out of the invidious revisionism, that can only pave the way for another generation of oven builders. course, and that is not possible without the basic, fundamental appearance of a jury. The attempt to lure the public into this fundamentalist diatribe by alluding to the Perhaps the solution is to make jury duty mandatory for all first year students. That, at number six million (in small print, "people who read the book") is an insult to the least, will allow everyone to benefit equally from the program. millions who perished, and those Christians who did in fact risk all to save Jews from their certain fate. We live" in a time that easily loses sight of its past. Only 35 yearsago Adolph Hitler reminded his deputies that nobody remembered the Turkish genocide of the Armenians at the turn of the century, and the same wouldbe true of the Jews. The "final solution" was at hand! We write thisletter to remind you. - 1 SBA is OUT .. . . . .. . It is almost time for the new round of Student Government elections in O'Brian Hall. Before one becomes entranced by the campaign promises soon to be posted throughout the building, it would be worthwhile to review the accomplishments, or lack thereof, of the present administration. In order to best do so, the platform of the officers will be looked to (OPINION. Feb. 20,1975): " a) An official SBA publication published weekly provide a forum .. (to) report directly to thestudents." "b) We will do everything possible to have the meeting hour scheduled sometime during the week "c) require that each officer or director commit one or two hours a week to staffing the office so that the SBA will be entirely available to the student body." "d) A major overhaul of the SBA constitution and codified by-laws (is) a .. . priority." ".. Security guards or (an) SBA-funded student patrol" for the halls. "The need for a health office." ".. To actively recruit more women and minorities." No individual comment need be made on each excerpted promise, Not one has been fulfilled. As far as the student body is aware, few have even been acted upon. So much for campaign promises. As for the individual officers: Cliff Solomon, Secretary: Takes minutes at meetings, but those minutes have not been made publicly available outside the SBA office. Nor has information about SBA activities, agendae for SBA meetings, or even notice of SBA meetings found their way generally to the student body or the student news media. Cathy Novak, Treasurer: Has done a commendable job. There are great obstacles, working within the limited budget available. However, by her own admission, she is involved in so many school activities, that giving her utmost attention to this taxing position is impossible. Cindy Falk, First Vice-President: Resigned early in her tenure. No replacement was appointed, as required by the SBA constitution, and no special election, also required, was ever held. Meanwhile, the ABA Law Student Division responsibilities, the duty of the First Veep, have gone unfulfilled,and ABA/LSD membership at the law school continues to decline. J. Glenn Davis, Second Vice-President: Has provided an articulate and intelligent voice for law students at Sub Board meetings, to the increased respect for the law school on the part of the other students of the University. He has further attempted to supply leadership and student input here at the law school, where other SBA officers have proven derelict. Rosemary G. Roberts, President: SBA meetings have been cancelled because the president was not there. There have not been regular weekly meetings held of that body, as required. It was-the president's duty to appoint an interim vice-president. The SBA president is to attend the meetings of the Alumni Association of the Law School, but the minutes of each of these minutes since her electionhas conspicuously noted her absence. Memos and inquiries to the SBA president from the school administration have gone unanswered, and many invitations to provide student input have thus been lost. Ms. Roberts has been known to take every criticism of SBA, especially by this paper, as a personal affront, but is not responsive to further inquiry on disputed issues. The SBA office is rarely, if ever, staffed. Meetings, held irregularly, in the past have occasionally been closed to the student body, in violation of theirconstitution. Elections have been poorly publicized, and poorly supervised, leading to questionedresults. SBA did fund buses to an Attica lobbying effort in Albany after being denied student funds for that purpose by SUNY guidelines, resulting in the loss of the cheaper SBA copier to thestudent body when copier.receipts were used to finance that trip. The Albany fiasco seems, in retrospect, to have been the only big undertaking of the current administration, a misdirected one at that. On the whole, the Student par Association has failedthis year to address itself to the issues confronting the student body, to provide student input into administration and faculty decision-making, to even communicate to students, or in fact, to do much more than simply process vouchers for the expenditures of student activity fees. In the forthcoming year, the student body needs more than just bookkeepers and bureaucrats ensconsed in SBA offices. The JewishLaw Student Association State University at Buffalo Faculty of Law and Jurisprudence Lewis Dear Sir: I am generally of the opinion that the administration of an institution of higher learning should be ascended to, rather thandescended upon, by its students. Our input is essential, however, and the present imbroglio created by our faculty has imbued me to comment. , The faculty reinstated the Freshman Research and Writing Course, mainly due to student input, and, indeed, made it mandatory. They then failed to enlist sufficient support among their ranks to teach it. The unfortunate result is that many of us have been forced to register for a fifth course one week into the term, and will receive two chimerical credits for a course which is admittedly worthwhile albeit nonacceptable. The administration has subsequently lowered a transparent confectionery curtain, trying in vain to obscure the instant "peccadillo," but the fact remains that the faculty can require a course then refuse to teachit. I have resigned myself to the present situation and, due to the circumstances, I urge others to follow suit; but I believe an apology is in order and, of paramount importance, a credible assurance that history will not repeat itself. Alan R. Lewis Bowie To the Editor: As this issue goes to press, the SBA's Distinguished Visitor's Forum has been advertising its co-sponsorhip, along with the undergraduate and graduate student governments, of "A Symposium on Senate Bill No. 1," the subject being the proposed revision of the Federal Criminal Code which has generated much controversy over particular provisions alleged to endanger Constitutional liberties. As advertised, the Symposium boasts the participation of figures representing several groups unanimous in their strenuous opposition to the Bill on the above grounds, and therein lies the inequity: the very unanimity of the viewpoints presented. Certainly, the very fact that the Bill has reached the'present stage of the legislative process would indicate that there is something to be said in support of the contested provisions, or alternatively that such provisions are suitable for amendment on the floor so as to meet many objections thereto. Apparently, however, such opinions will not be available at the Symposium. In my period of association with the Distinguished Visitors Forum, have found it a source of great pride that DVF has been able to harness the contributionsof students of varying political perspectives and provide the Law School with a balanced, and professionally-oriented speakers' program. But in terms of the present Symposium panel's composition and the exhortatory manner in which its content has been advertised, the DVF here seems to be engaging in an exercise in propaganda, one undoubtedly consonant with the ideological orientations of the undergraduateand graduate student governments but regretfully inconsistent with the intellectual fairness so essential to honest debate. Dictionary definitions of "symposium" generally refer to the concept of a panel at which there is to be a free exchange of opinions on a selected subject, but more relevant perhaps in regard to the Senate Bill No. 1 Symposium is the peculiar derivation of the word, from the Greek of "drinking party." Indeed, the planners of the event seem to have becomeintoxicated by the heady brew of their own political ideology. I " Ray Bowie �February 5, 1976 OPINION LETTERS CONTINUED GUEST OPINION Gorin To Opinion: " I would like to add some personal comments on the lecture given by Noam Chomsky last December. [The article appears in thisissue of Opinion.] As I was leading Prof. Chomsky out, a sociology grad student grabbed my arm and said, "It's too bad those J.D.L. people weren't here. He would have taught them a lesson." Apparently this student missed the point. One can only recall Chomsky's repitition, almost to the point of tedium, that both Israelis and Palestinians have a right to survive as national entities. However much time was spent condemning annexation of occupied lands, significant criticism was also lodged against the P.L.O.'s rather short sighted view of the problem. In talking privately to Prof. Chomsky he pointed out that the most telling barrier is the fact that both the Palestinian and the Israeli communities are so small. Consequently there is little space to sit back and view things objectively. When a bomb goes off in Jerusalem, or a phantom strafes a refugee camp, the cry of vengence shakes both national groups. Last year on CBS' "60 Minutes" there was an a mother of a slain P.L.O. terrorist was keeping her son's attack rifle ready so that her younger children could claim his revenge. Those children must have been no more than seven. Prof. Chomsky is motivated by the desire to see justiceresolved in some other way than having those Palestinian children, or their Israeli counterparts, claim revenge by way of mutual acts of terrorism ten years from now. Much like the reasoning which in law precludes restrictions against the free alienation of property, the hand from the grave should not write the scenerio for the living. account of how Abbott Gorin Volume 16, Number 5 Opinion * 3 February! 5> 1976 Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: Lawrence M. Meckler, Myles Elber, R.I. Glick, Abbot Gorin T.J. Centner, Jeff Chamberlain Contributors: Chris Carty, Steve Errante Copyright © 1975, Opinion, SBA. Any republication of material contained herein is strictlyprohibited without the express written consent of the Editor-in-Chief OPINION is published every three weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial -policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from StudentLaw Fees. Students and Stamps Dear Students: Since the National Food Stamp Reform Act (the Buckley-Michel bill) initiated last June the current debate over the future of the federal Food Stamp Program, I have been puzzled by the apparent lact of involvement in thisissue by the nation's college students. For food stamp reform concerns them directly, not only as taxpayers, but also as the inheritors of whatever future is to be shaped by today's public policy. Moreover, one major food stamp issue touches, at least potentially, every campus in the country. That is the use of food stamps by post-secondary students. My own position on this matter has been equivocal. I do not see how anyone, within or outsideof the academic community, can defend student use of food stamps. We are not talking about students from poor families who are already eligible for stamps. Surely, in such a case, a family should not be penalized for sending one or more of its children to college. But what of students whose families are not eligible for stamps? Is there any justification for their receipt of this form of public assistance, which was originally intended to supplement the diets of the needy? I think not. Many students bear great sacrifices to further their education. They postpone the short-term benefitsof full-time employment in order to enjoy later the long-term benefits of a college degree. Their decision to do so is in the best American tradition of self-improvement. But they, for their part, must accept the responsibilities that come along with their decision to better themselves by pursuing their studies. When they voluntarily become unemployed to attend college just as their elders would be if they quit their jobs for a year or so to stay at home and explore the world's great books they must be willing to support themselves in that importantenterprise. To my.rTU.iil, tbfe use of food stamps by college students constitutes exploitation of the other young - .• - Americans of that age who are at work. The young men and women who labor in factories and gas stations, on farms and in the Armed Forces, subsidize the groceries of their peers who arc seeking more ample rewards in the future by investing now in higher :_ ..■■.■.,_,*.' education. >~ ■-■ !J From' the perspective of Capitol Hill, it is unfortunate that the students of America have been silent on this issue. I do not believe that the altruism ofyouhgAmericahs has yielded to self-interest. I am convinced that most students do not countenance others' abuse of the Food Stamp Program. And yet, such abuse has beenamply docUmfent'ecli as ,in the case of; Madison-, Wisconsin, where 65% of the food stalinp recipients a year ago were college students. If our campuses are havens of idealism, if they are'preparing future leaders who will fashion a more equitable and just society in years to come, then the Congress needs to hear from them. Especially in recent years, our political'system has been distorted by special interest pleading. Blocs of votes are, in effect, bought by the Congress through dozens of appropriations bills, funding thousands of projects to benefit every imaginable pressure group. Sometimesit seems as if there is a lobby for every tax dollar and precious few advocates for whether to play this sordid game by its present rules of getting and grabbing or to change it through principled advocacy-ef whatis right, rather than what happens to be personally profitable. I would like to suggest that the current food stamp debate offers just that opportunity to the students of this country. I hope that voices will be raised, at least from the campuses of New York, on behalf of the truly needy and against abuse of public assistance programs by other interests. For what is really at stake in this controversy is the credibility of student idealism. In the future, when students come to Washington to petition on behalf of the unfortunate, the suffering, and the helpless, let them come with clean hands, thatis without food stamps. If we are ever to replace pork-barrel government with something nobler and more purposeful, it is up to you to lead the way. '< : Sincerely, James L. Buckley There are only 26 shopping days before the important SBA elections for both Directors and Executive Officers. Let's get it right this time. The elections are on March 1 & 2. The positions open are that of: MV v #% ™ Ml I . ■ ■ Ll I ~, ■ ■ ■ i ; L v ;i _,: ,mv. './.'...■]:,...:■ ,i-,. ..■ l( ■ .riih>. •■ ■■: "lo'ibi l_iil". ■. ■ #_k |l( 1| I I l._Jr II P*lfa_if ' • . 2nd Vice President Treasurer .. Secretary The first year class will eleel 6 directors to be 2nd year directors. The second year class will elect 6 directors to be 3rd year directors. Petitions must be handed in to the SBA office by Feb. 24 For executive officer positions 10% of each class must sign the petition. 29 Freshmen 26 Juniors , , : ...... ~ 28 Seniors 77. For director posts 20% of only the class electing is needed for a position on the ba110t.., 1 ~ 7. That is: .■• 58 Ist year class or 52 2nd year class In order to have your platform published in Opinion it must be suDmifted to Opinion by Feb. 18. Petitions can and belter be picked up at the SBA office. Let's get ifright this time so J, don't get any flack. L.M.M. • ri '''.'. ' , .' • �February 5,1976 OPINION 4 NYPIRG Urges Public 'trial' of Nuclear Power By Gerald R. Schultz Nuclear power is unsafe, expensive, unreliable, and above all a danger to society. The New York Public InterestResearch Group (NYPIRG) and many other environmental and public interest organizations are actively working to stop further nuclear power development and to phase out existing plants. Since nuclear power is a serious threat to the health and safety of all of us, we contend it should be "indicted" by the people of the State of New York and people in other states across the country; brought to "trial" in the form of a full, open, in-depth public debate, and either convicted or acquitted, with the public as the jury. The decision will affect everyone; thus everyone should make the decision. The indictment should take the following form: We the people of the State of New York charge: I)The nuclear fuel cycle begins at the uranium mine. Many people working at uranium mines and mills have contracted and will contract cancer from working with uranium. Proponents of nuclearpower say that the number of coal mines with black lung disease is much higher. This fact is true but it should argue for strict enforcement of health and safety measures not for condemning other people to die through a massive expansion of uranium mining, (which would certainly be necessary to supply hundreds of nuclear power plants). It should also argue for development of alternative energy sources. 2) Two steps along the nuclear fuel cycle brings us to the fuel enrichment plant. There are only three of these plants, all owned by the Federal'governmenl. A singleplant costs 2 billion dollars to build. The plant in Portsmouth Ohio uses 10%of the electricity used by the entire state of Ohio. This electricity is now supplied mainly by coal burning plants using mainly strip mined coal. President Ford wants to get private industry into the enrichment business by letting the federal government take all the risk and industry take all the profit if there is any. 3) Proponents of nuclear power claim that the possibility of a major accident is infinitesimal. Such an accident would result in a melting of the reactor core and a release of radioactivity to the surrounding area. The old AEC sponsored 3 major studies to determjne what the results (casualties) of such an accident would be. The 1965 study said that a single major accident could kill 45,000 people, injure 100,000 and cause 17 billion dollars worth of property damage. This seemed a little high, so the AEC commissioned the 3rd study. This one determined that the consequences would be less severe but that we don't have to worry anyway because the chance of such a catastrophic accident is so small that it can be pretty well disregarded. Yet just last year, at the Brown's Ferry reactors in Alabama, a fire caused by human error literally came within minutes of causing just such an accident. 4) The capacity and availability ratings of nuclear plants have been much lower than projected by the industry, again adding to the cost of nuclear generated electricity. According to studies done by David Dinsmore Comey of the Business and Professional People for the Public Interest, nuclear plants availability factors (% of lime plant was producing electricity) were 69% in 1973 and 59% in 1974; capacity factors {% of electricity produced as compared with full capacity) were 57.31 in 1973 and only 50.51 in 1974. 5) The plants are logical targets for sabotage. A terrorist group could attempt to destroy the plant or hold it "hostage." 6) Nuclear plants emit very little air and water pollution (this is not true with reprocessing plants, however). They do generate huge amounts of heal and thus contribute much thermal pollution to the environment. 7) Nuclear plants also emit small amounts of low level radiation to the surrounding community. Nuclear plants are extremely difficult to repair. At times, hundreds of workers have to work on the same repair job because each worker receives his or her - — .- Hofstra . ' ' i—MiAJ __« l~Slsl Course Offerings Summer 1976 lUU\ ..._____ _.... DWffWfltY Wl / \J I l/X "■* ' * V '"T/l rK I**7 /l) -*— r NAME OF COURSE FACULTY LECAL ETHICS NUMBER CREDITS _~.»_-_-«.__ 1 PRODUCTS LIABILITY ' Pr Aaro" Tu,tn>( INDIVIDUAL INCOME TAX (Vof.S_«r.«l(-. °*' . FAMILY LAW Prof. John Gregory REAL ESTATE / * *» 3 4 M-Tu-W-Th 3 Tu-W-Th ro/. Hcrmnn Hil-Him REMEDIES M__tchy Mn/it»i TRADE REGULATION Prof. Burton Again .">■ 'I DEBTOR-CREDITOR .. FIOFSTR Prof Man Rrsntck ESTATE <t GIFT TAX Prof. Linda Hirschson EVIDENCE Prof. Abraham Ordover FEDERAL COURTS Prof. Stuart Rabinowilz ~ \ i"flllS ffTA' nti« I|M> KRSI 11 HOFSTRA SCHOOL OF LAW Hempstead, New (516) 560-3636 „ LEGISLATIVE PROCESS for further information: York 11550 Prof i Rom|(| Sj vtrma SECURED TRANSACTIONS Prof.Sl_.lf_o__.fc_ WILLS, TRUSTS AND ESTATES Prof, fohn Sciullo 1:10a.m.-3:00p.m. 11:10a.m.-l:00 p.m. 9:10 a.m.-ll:00 3 TRANSACTIONS , ,, SCHEDULED TIMES M '»—•)«« Tu-W-Th am Tu-W-Th 9:10 a.m.-l 1 00 a.m. 3 Tu-W-Th 9:10 a.m.-l 1:00a.m Tu-W-Th 3 Tu-W-Th 3 Tu-W-Th 4 M-Tu-W-Th 3 9:10a m -11:00 am 11:10a.m.-l :00p.m. . 11:10a.m.-l 00p.m. 11:10a.m.-l .00 p.m. 3 , Tu-W-Th 2 Tu-Th 3 Tu-W-Th 4 M-Tu-W-Th 1:10 p.m.-3:00p.m. :10p . m 3 :00 p.m. 1:10p.m.-3:00p.m. 1:10p.m-3:00 p.m. "In case of emergency, repeat after me: Our Father reprinted, Los Angeles Times - maximum permissible dosage of radiation for that 3 month period in a few minutes or less. Plants have also had problems with fuel rods buckling and cooling pipes crackling. 8) If we build hundreds of nuclear plants, as is proposed and projected, there will be thousandsof truck and train loads ofradioactive material traveling around the country every year. There will be accidents. Some of these accidents, despite elaborate and costly safeguards, could result in a release of deadly radioactive material. There will also be attempts at thefl and hijacking. Plutonium and enriched uranium are very valuable. This risk will result in increased security measures and increased cost. 9) Nuclear reprocessing plants are designed to "recycle" spent nuclear fuel to recover plutonium and uranium and dispose of the rest of the radioactive materials. The only plant that has operated exposed workers to high amounts ofradiation and released considerable amounts of radioactive effluents (pollution) into the air and water., It is in West Valley, N. Y. about 30 miles south of Buffalo. It has since been shut down, but wants to expand and reopen. 10) The highly radioactive waste must be kept apart from you and I and everyone and everything else in the environment for literally hundreds of thousands of years. In practical terms, this means that the liquid waste must be cooled, solidified, stored indefinitely in a bizarre sort of national mausoleum, and finally, permanently disposed. U.S. government and industry scientists have not yet devised a fool proof permanent disposal plan. It must be fool proof because if the stuff ever gets back into the environment, the health of many people and other animals would be severely affected. And, it must be fool proof because once the stuff is disposed, there is no way to get it back. Some suggestions have been: disposal in underground salt beds or mines, blasting it into space, dumping it into a volcano or into deep ocean valleyswhere the earth's moving plates will eventually cover it. 115,000 gallons of liquid high level waste has already leaked from government tanks in Washington State. Similar tanks, full of high level radioactive waste, are located at the West Valley reprocessing plant. 11) The useful life of nuclear power plants is about 40 years. After this time, the reactor must be retired from service, or decommissioned. According to a NYPIRG study, the most radioactive portion of thereactor, the core and concrete shield, must be isolated from the environment the shield for only about ten years but the core for over 1 million years. The core may be moved from the site,-in one piece with some difficulty, or it may be cut up and packed under water and then moved, or it could remain on the site, thereby rendering the land useless. Regardless of where the core is, however, it must be kept isolated for 1.6 million years. Who is going to pay for this perpetual care? 12) Nuclear power plants arc being built to satisfy our need for electrical energy. However, in order to build these plants and supply them with fuel, a huge amount of energy must be consumed. According to Dr. Peter Chapman, if we in the United States were to build hundreds of reactors between now and the year 2000, this so called energy independence program would result in a net loss of energy. In other words, it wuld take more energy to build and operate these plants in this short time period than the plants would produce. 13) Nuclear Power It uninsurable. The insurance companies refuse to cover the enormous risk for any price, despite the nuclear industry's claims of complete safety and near infallibility. However, the federal government has stepped in once again to rescue the industry with a hidden subsidy. According to the Price Anderson Act (recently extended by the House to 1987; soon to be reconsidered by the Senate) nuclear power companies are not liable for any claims over 560 million dollars. This may sound like alot however compared with a 1965 AEC study estimating that a singlemajor accident could cause 17 billion dollars worth of properly damage, it is really not so much. Why should the nuclear industry gel this special protection? If the plants arc so safe, why does the industry need this subsidy? 14) Nuclear proponents have consistently, claimed that nuclear plants are much cheaper to the consumer than fossil fueled plants, and thus electric bills will be lower. However, the cosl of building nuclear plants has been increasing wildly; the cosl of nuclear fuel has been increasing even faster. Westinghouse recently canceled many contracts it had with utilities lo supply uranium, invoking the well known legal doclrine ol impossibility of performance. The government has supported ihe industry with billions of dollars in subsidies since ils inception. Even with all these subsidies, it now appears thai electicily from nuclear plants cosls al least as much ave|ircilrfcity from coal-fired planls. The most recent Electrical World survey (Nov. 15,. 1975).5h0ws that nuclear plants ate substantially more costly to consumers thanraw I (continued on p.ige ten) - - �February j, 1976 .OPINION The 5 News Briefs Brooklyn Side Carl S. Heringer Each year graduating students decide by class vote whether they will wear gowns during commencement exercises. Last year, the seniors decided that the class members would not be required to wear gowns._A large minority vote was cast, however, and one apparent question was the cost of the gowns. The cost ofrentals is estimated this year to be' about $10.00 for gown, cap and tassel. The tasselis given to the renter. The purchase of gowns is about $100.00. This year's vote will be taken during the week of Feb. 16th.The majority of votes cast in either direction will determine the matter, as agreed upon by the Commencement Committee which will conduct the balloting. Plans for the balloting will be announced in the Opinion Newsletter. Please be sure to vote so that the sentiments of the class at large are adequately expressed. T. V. TRIVIA -OR- WILL THE REAL PHILO T. FARNSWORTH PLEASE STAND UP? Queen City Coin and Book Store, 3386 Baily Avenue, corner Lisbon in Buffalo: a comic book buff's banquet. That's my watering hole, where I've spent many an hour (and dime) musing over the fates of Spiderman, Captain America, et. al. Shopkeeper Kean Crowe and his trusty sidekick Brad Becker (or Brad Becker and his trusty sidekick Kean Crowe) are now in the midst of formulating a television trivia contest with some (ahem) aid from yours truly. Eventually, it will contain over 800 questions, and total 1,000 points. The highest scorer will be the winner (Void where prohibited). The exact rules and possible prizes have yet to be determined. Presented here is a bonus: a sneak preview of the test. It is a random sampling of the type of questions contained in the entire project. You can consult your friends, family, etc., but not Fred Silverman or back issues of T.V. Guide. I've got the answers (mostly without using the answer sheet) and of course so does Queen City. See them if you need help, want to offer some to them, have a nagging trivia question of your own, or heed the newest copy of SUPERMAN VS. SPIDERMAN. (No joke!). . 1. Who.was PhiloT. Farnsworth? Who starred in SECRET AGENT? Who played CAPTAIN VIDEO? Who starred in the SIXTH SENSE? Who was the lead in MANIN A SUITCASE? Who was the original lead on MISSION IMPOSSIBLE? Name the announcer on YOU BET YOUR LIFE. What did U.N.C.L.E. stand for? Walter Brennan's last series was ? What was Maynard G. Krebs midddle name? played the of MR. ED? Who owner 11. 12. Who played Riley before William Bendix on LIFE OF RILEY? 13. Name all five of Bob Denver's series. 14. Who played the CISCO KID? 15. Name the two actors who played THE LONE RANGER. 16. Name the saloon on GUNSMOKE. 17,'Who played RANGO? 18. What was the name of Dan Reid's horse onTHE LONE RANGER? 19. Who was the star of TRIALSOF O'BRIAN? 20. Who played GRINDLE? 21. What was the time slot of STAR TREK in its last season? 22. In what land was HOWDY DOODY set? 23. Who was the first wagonmaster in WAGON TRAIN? 24. What is-the longest running weekly T.V. series? 25. What was the PRISONER'S number? 26. Who played Elly Mac Clampett? 27. Who starred in WENDY AND ME? 28. What was |ohn Steed's military rank on the AVENGERS? 29. Who played Jingles on WILD BILL HICKOCK? 30. What were the three roles of Majel Barrett on STAR TREK? 2. 3. 4. 5. 6. 7. 8. 9. 10. .. , . * - * * * Students have been rightly concerned about theabsence of Deanne Siemer from the faculty this semester. At Her request, Professor Siemer was granted a one-semester leave of absence. Given the need foradditional sections of Civil Procedure II and Evidence, the administration was reluctant to grant her request, but did so because medical factors were involved. . . * * The Governor has recently announced largebudget cuts for the SUNY system. The Administration of the FLJ has been expending much time and energy in Hayes Hall, defending the Law School budget requests. * * * Library itudy carrels are now reserved only for law students. Thisis done by signs posted conspicuously on each door. The success of this program depends largely on the I honor system. Poetry Corner »' * . * . This year the library acquisition fund totaled $106,000. The request for the next fiscal year is $160,000. It.is unknown at this time whether or not the Governor's budget allows for this amount, but it is hopeful. Additional funds may be forthcoming from an alumni fund campaign. Further possibilities for funds are being currently investigated. (This anonymous poem is fast becoming a traditionat U, B. Law. Firstappearing on Eagle Street, it, too, made the transition to O'Brian Hail. As withall worthy traditions, its truth remains untarnished with the passage of time. It has been altered only in the naming of ** * relevantnames. Ed.) The New York Public Interest Research Group (NYPIRG) will hold an organizational meeting soon. Watch for timeand place. "Twas a month after finalswhenall through the school- \ * - There are thirty-seven correct answers. Send your attempts to THE BROOKLYN SIDE, c/o.Opinion, by February 15. I'll publish the name(s) of the winner(s) in the next issue of Students waited for grades while professors played pool. Miscellaneous grades were being hung on the wall While most.students muttered "Good God, is that all?" Jerry was down in his dungeon and then in the lounge Consoling those students who for grades'came to scrounge. Freshmen stare.d at each other, Juniors stared at the walls. While woebegone seniorsmoaned "will we'ere leave these halls?" The overall feeling was of dismay and gloom As if all were aware of some impending doom. Then from Jeanne's office there arose such a clatter Thatall the law students ran to see what was the matter. 'A grade! A grade!" Jeanne yelled with delight. "A grade! A grade!" Students echoed with delight. Jeanneran down the stairs with a thumbtack in hand While studentsran out to the grade board in a band. Observing thisband Jeanne slackenedher pace And a sincere look of sorrow came over her face. She took a deep breath and then said with a sign, "Only one grade came in from that tower in the air, A Bill Greiner seminar "Sewers at the N.Y. State Fair!" From the back of the crowd a lad fainted away. His first grade was in on this ill-fated day. The rest of the mob slowly returned to their chairs. While Jeanne beat a hasty retreat up the stairs. If this story be falselet the world call me fool. But I claim this is truth at the U.B. Law School. * Attention all students: The first issue of Volume 25 of the Buffalo Law Review is now on sale in the Bookstore. This issue includes articles by Profs. Allen ("Aggravated Harm"), Boyer ("Computerized Medical Records"), and Solomon ("Going Private"). Also in the issue is an article by Harry Rosenfield "Customary Use as 'Fair Use' in Copywrite Law" and comments on topics ranging from legal ethics to reform in utilities pricing. The student rate is $3.25 per issue or $9.00 for a year's subscription. " , this paper. * * Please note that Vi of the small lot (Flint) near the circle at the end of the Law Building is devoted to medical parking. Since only persons whohave medical permits are permitted to park there without penalty, as indicated by the signs, others are ticketed or, in extreme cases, towed away. Several notices to this effect have been circulated. Medical permits are obtained by getting a doctors statement and receiving a permit from the campus police. Neither end of the lot is available for parking since it interferes with access to the other parking slots. Both to save yourself the cost of a ticket and to reserve the medical slots for disabled persons, please avoid parking in thathalf of the lot marked for disabled students and faculty, even though there maybe an open slot in that area, at particular times. * * * Further news on the library: The state and regional editions of SHEPARDS' CITATIONS have been discontinued due to the severs budget cuts. The federaland New York subscriptions remain. There is the hope of resuming the others near the end of the semester. County Legislator Seeks Law School Help by R , " I Click Daniel J. Ward, a 1972 graduate of the Law"School, and recently elected member of the'Erie County Legislature, representing the district that includes the Amherst Campus, has requested that the school, in conjunction with the CountyLegislature, initiate a Law Student Research Program. Mr. Ward, in requesting Dean Schwartz to set up the program, stated thatwhile he was a student here, he had participated in several similar programs under the direction and guidance of Professor Milton Kaplan. Dean Schwartz, in response to Mr. Ward's request, has requested that both Professor Kaplan, and the Buffalo Legislation Project contact Mr. Ward to work out any project that might be possible. Professor Kaplan has agreed to work on the project, has contacted Mr. Ward, and is currently waiting for more details to enable the project to take shape. This semester, the Buffalo Legislation Project, will have two students working with Mr. Ward, and the committee he chairs, developing legislation in the area of the Economic Development of Erie County. Further information is available from the B.L.P. �February 5, 1976 OPINION 6 Sojourner's Truth Crime and Punishment by Women Law Students Association On December 2, 1975 Mr. DeWitt Lee Because of the long vacation break, we'd like to devote thiscolumn to a summary of BRIDGE lectured on the need to have of events,and activities planned for the near future. communities actively participate in the fight against crime, and to maintain active Women's Law Conferenceat Temple University relationship with their individuals The seventh national conference of Women and the Law is scheduled for March convicted of crimes after they have been 12-14, 1976 at Temple University, in Philadelphia, Pennsylvania. The conference will incarcerated. Mr. Lee was convicted of first consist of about 12 workshops, covering subjects like: welfare advocacy, credit, degree murder during the course of an motherhood, employment and the law, sex discrimination in colleges and universities, armed robbery 14/2 years ago and spent custody problems, rights of the olderly, etc. Eleanor Holmes Norton is delivering the most of his time of imprisonmentat Attica keynote speech, and workshops will be interspersed with social activities, and a mock trial before being released on a conditional of the JoAnn Little case. The participants in the conference will include lawyers, pardon by then Governor Nelson A. legislators, judges as well as a large representation of students from all over the country. Rockefeller in 1973. Mr. Lee has served as Anyone interested is welcome to attend the conference, and information on the past chairperson of the New York State transportation arrangements, and the agenda of the conference will be posted in the Jaycees criminal justice program. Women Law Assn. Office, Rm. 509. It is Mr. Lee's contention that the reason crime rates have skyrocketed is Trialjon Suit Feb. 9. Jail because there is an absence of community A suit was filed last year against the Erie County Holding Center for the inhumane condemnation against the criminal. When a conditions that detainees are subjected to. The suit alleges poor medical care, a lack of youth is arrested, he is not made to atone educational, recreational or training programs, overly restrictive rules on visiting, mail and for his transgressions to the neighbor who telephones etc. After efforts to negotiate a settlement failed, the trial was rescheduled for was wronged, but is immediately 'plucked February 9. People are still needed to interview detainees at the jail, and to help prepare out of his normal environment by the witnesses for the trial. For further information contact Stu Cohen (office: 824-7450; courts and deposited in a penal institution. home: 881-5208). To many first time offenders, especially those from non-white communities, there is a certain romantic air about being taken ERA away to do time. One fashions oneself as a working class hero who has defied the Despite the fact that the New York State ERA amendment was defeated, the issue' power structure. It is not until the offender opponents is not dead. ERA who waged an energetic and phenomenally successful has been through the plea bargaining campaign against the amendment have publicly announced their intention of having the process and the hum drum routine of state legislature rescind the NY State ratification of the federal ERA. The Equal Rights prison life that he realizes that the system Alliance, formed to promote the passage of the New York State Amendment is thus does not even notice his existence. With continuing its efforts and has urged all women to help. If the efforts of the Anti-ERA contacts broken off from the old groups are successful, it could signify the death of the federal amendment. The Equal community, and nothing to encourage self. Rights Alliance has planned a program of lobbying, fundraising and neighborhood respect within the new one, the inmate discussion groups. Call June Neely (941-5490) or Pat Yungbluth (834-3844) for more becomes socialized to becoming a better information. criminal. This is why It is so vital for a community to maintain contact with its Dance with Live All-Women's Band on March 5 members behind bars. As an example of As part of International Women's Day Festivities, there will be a dance for women this need Mr. Lee told a story of an old with-a liveall women's band at the Gay Community Services Center, 1350 Main Street, felony offender al Attica who was so Buffalo. The dance will be on March 5, at 9 p.m.-2 a.m., and a donation of $1.50 is established there thai other inmates would requested. never dare sit in his place in the yard. He died several weeks after his release not Legal Rights Class at Wende from ill health, but from the inability to One of the Buffalo Women's Prison Project programs will be a legalrights class on adjust to the outside. Thisis what BRIDGE Feb. 11 at Wende (Alden Correctional Facility) for the women incarcerated there. If is all about. It bridges the gap between the anyone is interested in helping to plan or teach the class, contact Mary Good, 836-239*.. offenderand the outside. Mr. Lee, who is himself black, hopes that he is able to reach young black inmates and convince them that getting out should be their prime goal. In performing this task it is odd that Mr. Lee's inspiration came from one of the greatest bank robbers of all time, WillieSutton. While incarcerated Mr. Lee was told by Sutton that the prime goal of every inmate should be to never end up on the inside again. It costs $12,000 per year to maintain a prisoner in New York State and $7,200 to keep him on probation. With a recidivism rate of approximately 80% the first incarceration experience shouldbe avoided where possible, and if necessary should not result fh lost contact with the outside. If community programs can be organized for the rehabilitation of the inmate they would be both more economical and more constructive. Mr. Lee will be back sometime in April to speak again. Canisius Award Citations and Ovations On Monday, January 26, 1975, the Koessler Athletic Center of Canisius College was filled with cheering, applauding crowds of people. It was not, however, your usual denim-dressed basketball fan, but tuxedoed, gowned, patrons of the arts, there to witness the Canisius College Alumni Association award the Peter Canisius Medal to the Buffalo Philharmonic. The Peter Canisius Medal, established by the Alumni Association in 1957, is awarded periodically to an outstanding individual or group of individualswho have made substantial contributions to the educational, spiritual, social, cultural, and intellectual advancement of mankind and whose career and achievements constitute a challenge and an inspiration to the youth of America. This was the first time that an entire group of had been thusly honored. Some of the many awards and accomplishments of the orchestra were enumerated as individual citations were given to each of the current and retired members of the group, citing their unique contributions to the overall musical effect. A single medal, symbolizing the single orchestra, was accepted by chairperson Marylouise Nanna and Director-Conductor Michael Tilson-Thomas. As a musical response, the orchestra chose a 20th century American piece, "An American in Paris," by George Gershwin. R. Skinner li. Mtintivr ' �February 5, 1976 OPINION 7 Carlisle on Jobs II It is impossible for a smaller firm and or local government agency to make such projections. They cannot make anoffer to a third year student until late in the spring or in Many of our students have already obtained the summer. Ultimately these employers will have to hire permanent positions with private firms, government associates and will do so. Many members of the class of agencies, the judiciary, law schools and corporations. A 1975 have onlyrecently obtained positions. number of second year students have summer internship Third year students who do not presently have positions and some first year students are interviewing for positions should not be unnecessarily concerned. Obviously they cannot afford to relax or not to persist in summer work. Many of our students do not presently have positions, the job junt; however, they do themselves and the law but are involved in interviews and other activities which school disservice by not accurately perceiving that current hiring practices necessitate offering of positions at a later will eventually lead to jobplacement. date. Misplaced anxiety and worry is not helpful and often 2. What kind of positions have third yearand second year results in one accepting the wrong position. I urge all third year students who are so concerned to see me for students found? Our third year students have obtained associate elaboration of this point. Again, second year positions really become available positions with small-medium sized and large law firms throughout New York State and in other areas. Persons in April and May when employers suddenly realize they need a summer clerk. Second year students should have positions with most of the large Buffalo firms, continue to send out resumes and to attend career Jaeckle, Fleischmann and Mugel, Phillips, Lytle, etc; with seminars. We will post announcements for second year New York City firms such as Craveth, Swaine and Moore, clerkships immediately upon receipt of the same. Dewey Ballantine, Trubin Sillcocks, Wachtell Lipton,etc; and with large firms in Rochester (Nixon Hargrave) and 5. What is the student Placement Committee doing? Syracuse {Bond, Schoeneck and King). In addition, I know of two students who recently obtained associate positions We presently have a thirteen person Placement with prestigious law firms in Baltimore and St. Petersburg, Committee. Subsequent to a series of initial meetings, we Florida. Third year students have also obtained positions with met prior to the Christmas holidays and established various subcommittees and delegated staff assignments. We have the federalgovernment. The Department pf Justice Honors subcommittees for judicial clerkships, career days, alumni, Program selected three of our students. Interestingly accumulation of employment lists, interviewing enough, I had an opportunity to visit with the person who procedures, Members of the committee appear to be etc. started the Honors Program. He said that obtaining three seriously committed to participating in institutionalizing positions was excellent. The NLRB selected one of our the placement process. The extent to which they are students, for an important position. Other government willing to vigorously contribute their time to our efforts agencies, such as the IRS, etc., are reviewing applications will in a large measure determine the success of our from our people and will make selections as soon as operation. all students to urge attend our meetings and to I funding is approved. *. Students have obtained clerkships with Federal Judge join the committee. Sign up list's are available in the Placement Office. John Curtin, with Appellate Court Judge Reid Moule and in the third and fourth departments in Rochester and Syracuse. Last week a New Jersey judge I know informed 6. What are our alumni and the faculty and staff of the me that he had offered.a,clerkship.position to one of our Law School doing to assist with the placement of Buffalo students we had sent to him. students? Other persons have obtained positions with law schools (Wayne State and hopefully Stanford). Some I spend a great deal of my time with our alumni. people will be enrolled in LL.M. programs. Alumni are concerned and committed to assisting us as Our second-year students have obtained positions with much as possible. I have recently met with an important large firms in Buffalo and New York City and with judge, prominent government lawyer a and several leading medium sized firms elsewhere in the state. Some people attorneys and each has expressed his willingness to do have government jobs (NLRB, IRS, etc.). It is essential whatever he can to assist us. I attend monthly meetings of that all students inform the Placement Office when they the Buffalo Alumni Association and each director therein locate a position so that we can note the same for has indicated a strong interest and willingness to aid our statistical purposes. Many people have neglected to do this. placement efforts. In November 1975, thirty Buffalo alumni attended a meeting in New York City. We met / 3. What kind of salary are the jobs you mentioned paying? again on January 30 at the State Bar Convention and formed a permanent New York Buffalo Alumni group. In To my knowledge, the large New York firms are addition, the Board of Directors has designated me as paying $22,500 per year. The Buffalo, Rochester and liaison for establishment of satellite alumni groups in Syracuse firms are paying between $16,000-$lB,OOO per Washington, D.C. and elsewhere in the country. year. Annual salaries from small and medium sized firms Of course there is a limit to what our alumni can do. vary from $9,000-$15,000 depending on geographical location, type of practice, etc. Salaries for government If they, cannot directly offer our students jobs, they can agencies, clerkships and law schools are established from provide job leads, suggestions and guidance to students. approximately $1,1,000 to $17,000. Public interest Alumni support, involvement and promotion of the Law agencies and firms and legal services pay on theaverage of School and its students is essential. The results of this activity can only be measured over a period of several $8,000-$! 1,000. Interestingly enough, money does not seem to be the prime factor in our students acceptance of years, but I am personally satisfied that we are making positions. Most people wanta job that will give them good substantial progress in this respect. The faculty are well aware of our placement needs. experience in a friendly atmosphere where they can develop good legal habits and devote their time to the kind Dean Schwartz and Professor Fleming have been particularly helpful. Recently Professor Lybecker was of law that is compatible with their personaMnterestsand instrumental in bringing an SEC lawyer to the school to philosophy.. Second year students are earning anywhere from interview, and Herman Schwartz did the same with Legal Aid in New York City. Professor Schlegel has spoken at $100.00 per week to $400 per week. Part-time positions in the Buffalo area pay approximately $3.00-$5.00, legal services seminars as has Jason Karp. Professor Mann has been of assistance with respect to judicial clerkships. per hour depending upon one's background and skills. Professors Rosenberg, Newhouse and Reis have also been 4. Many students state that they have not found: of assistance. Professor Laufer arranged for interviews with employment. Why is this so and should this cause them the FTC in Cleveland. The faculty has been very helpful and it is my expectation that they will continue to find the concern? time to encourage their contacts to visit the Law School Traditionally most Buffalo Law graduates have not and/or to interview Buffalo students. In addition, we are exploring with some faculty opportunities to speak on obtained positions until after graduation. Large firms, federal agencies and the judiciary are able to project their their subject of expertise before bar association meetings, hiring needs so as to have already made offers. The continuing education seminars, etc. Faculty involvement in majority of attorneys do not practice with large firms, etc. placement is a key to our success. 1. What is the current status of the job market forBuffalo students? / „ 7. Does the Placement Office assist alumni in obtaining positions? Yes! Much of our recent effort has been on behalf of 1975 graduates. M ny lawyers, particularly in the Buffalo area, call in jobopportunities for 1975 graduates who have passed the bar. Our facilities are available forany alumni. Within the past two months, we have assisted graduates for the classes of 1969, 1971 and 1974 with job relocations. I urge alumni to call upon us for this typeof assistance. 8. Will we have career days this spring? Career days traditionally bring attorneys to the Law School to speak about their particular area of law. Students attend the seminarsand ask questions. Later, at a sherry hour or other informal gathering, students and attorneys mix. The objectives of a career day are to (1) provide the student with practical information, ideas, etc.; (2) acquaint the practicing attorney with the Law School and (3) to bring students and attorneys together. I cannot emphasize the importance of the latter objective. The Placement Committee has planned a series of career days for March and April. The success of this venture will depend directly on the willingness of our students to assist me in conducting the programs. Without maximum student participation we will be unable to have more than two or three career days. Anyone desiring to assist should contact the Placement Office. With full support we may have as many as 15-20 career seminars. This will definitely facilitate our placement efforts. 9. What is the status of judicial clerkship opportunities for the fall of 1977? You are aware that most state and federal judges will commence selection of their clerks during the spring of 1976. The faculty has supported a Clerkship Committee composed of Professors Swartz, Albert, Lybecker and myself. Hopefully the committee will be able to facilitate placement of our students in clerkship positions. Within the past two weeks, I have sent personal letters to a large number of federal judges and to state judges on the highest level. In this manner we will know which judge has a clerkship opening and what he requires of applicants for the position. Thereafter, with the assistance and support of the Clerkship Committee, our students will be able to apply for such positions on a national basis. Having the opportunity to clerk for a judge is perhaps one of the best experiences a young lawyer can have. It also increases one's permanent job alternatives and gives the Law School" increased coverage and improves our reputation. If our students and faculty support the committee, I am sure that our success in placement of students with the judiciary will increase accordingly. 10. Will we have campus interviews this spring? We have already had the SEC, Department of the Army, Reginald Heber Smith and legal services at the Law School to conduct interviews. We will encourage more such interviews, but I suspect that many employers will continue their practice of inviting students in for interviews. If we are able to demonstrate to the employers that their needs can be more adequately fulfilled by interviewing at the Law School, I am confident that we can schedule the same here. Unfortunately, many small employers do not have the time to spend a full day at the Law School. We shall definitely aim for a dramaticincrease in our campus interviews for the fall of 1977. . 11 Have students been obtainingpositions out of state? In addition to those students obtaining positions in Washington, D.C. and New York City, I know of persons who are interviewing and/or have obtained positions in Maryland, Florida, Texas, Arizona, California, Washington State, New Jersey, Pennsylvania, North Carolina and Ohio. Recently one student was offered a position with a large firm in St. Petersburg, Florida and another received an excellent offer from a Newark, New Jersey employer. We sent some of our students to the west coast over Christmas break to interview with firms, judges and local governments. I haven't tabulated what the results are. We will continue to stress the national reputation of this Law School and encouragehiring on a national basis. Coontipunedagn) • • Buffalo, N.Y.C., D.C. Opportunities m /"*\ a •■ 1~» PP 1 X T TT -r-fc y""l .continued on page ten) �February 5, 1976 /OPINION 8 Introducing Virginia Leary Ms.Leary comes from a family of lawyers,including two brothers.a brother-in-law,and her father who served as Dean of the law school at the University of Utah in Salt Lake City where she was raised. She attended the University of Utah for her undergraduate studies in the field of political science. After that, she moved to Chicago where she attended the University of Chicago Law School and later was employed by a large Chicago law firm. Pursuing her interests in International Law, Ms. Leary then went to work for a private organization doing administrative work on exchange programs. This work took her to Geneva, Switzerland, where the organization had its headquarters, and she eventually became the International Vice President of the group. While living in Europe, Ms. Leary was a student at the Hague Academy of International Law where she earned her diploma. She then began a program to earn her Doctoral degree in International Law in the Graduate Institute of International Studies which is associated with the University of Geneva. She currently is working on her thesis for that degree the topic of which is the legal problems of automatic incorporation of treaties into the national law of a country. The program, taught by international law scholars from around the world, requires the study of diplomatic history and internationaleconomics as well as the topic which the candidate chooses. Most recently, Ms. Leary has been working for the International Labor Office, a special agency of the United Nations, in the supervision of the application of international labor conventions (agreements). While here, Ms. Leary will be teaching the basic course in international law. Her other concentrations are in the fields of international commercial transactions, international labor law, and international protection of human rights. Her outside interests include travel (obviously), cross-country skiing, and especially tennis. ft. Skinner Alumni Line Client Counseling Competition The Law School is once again planning In-House Client Counseling Competition. This competition is open to all law students, and involves skills in interviewing, counseling, and legal writing. The intra-school competition will be held at the Law School during the week of February 23, 1976. The results of this competition will determine who will represent UB in the nationwide ABA Client Counseling Competition, sponsored by the Law Student Division of the American Bar Association. Cash prizes of $250, $150, and $100 will be awarded to the winners of the local competition, and travel expenses will be provided to the regional contests in Toledo, Ohio. The regional contests will begin on March 6; winners of the regional contests will receive an award of $100, and go on to the National Client Counseling Competition (March 27, 1976). an The Competition tries to simulate a real law firm consultation as closely as possible. Participating students will interview a "client" who has, he has, a legal problem. The theme of the Competition this year is "Contract Litigation and its Alternatives." A typical client problem is selected and a person acting the role of the client is briefed on his or her part. Prior to the day of the actual Competition, students receive a very brief memo Submitted by: Robert Schaus, Secretary of Law Alumni Assoc. concerning the problem. This data is equivalent to what a secretary might be The annual Christmas Meeting of the Law Alumni Association was held on December 19, 1975 at 12:15 P.M. at the Statler Hilton Hotel, Buffalo, New York. President Harold J. Brand, Jr. presided. appointment. The students are asked to prepare a preliminary memorandum based on the problem as it is understood. In the actual Competition, each student will be given approximately forty-five Jay C. Carlisle, 11, Placement Director, is cooperating with the Alumni Association a satellite branch of the Alumni in the New York City area. This will not only strengthen the Alumni Association, but will serve as a vehicle for placement of graduates in the New York City area. told when a client calls to make an minutes to conduct an interview with the client. Students should be prepared to obtain necessary information, answer questions, give legal advice, and recommend alternative courses to the client. The student will then be given 15-20 minutes in which to prepare a post-interview memorandum. The initial interview and final memorandum, memorandum will all be scored and used to determine the winners. Local judges and private practitioners will observe the interviews and score the performance of the students. Although the ABA regional competition will involve a two-person team of lawyers, the In-House Competition will be run on the individual basis; winners will make up the "team" for ABA purposes. Additional information for anyone interested can be obtained from Jason Karp (Room 507) or Norman Rosenberg (Room 520). All students interested in participating should sign up on the sheet posted outside Room 619. Playing the Odds by Steve Err an it* Much of your happiness these last ten days, especially if you are a first year student, is a reflection of your dexterity as a bettor. If you picked Dallas in the Super Bowl (they beat the point spread) you acquired some of the needed cash to pay the expected hike in tuition. Or in other words, you covered your probable loss on the 3-1 bet that going to SUNY would be cheap. To cover the complete raise in tuition, I suggest investing your* money in New York State educationby placing a few bets with OTB. If you were feeling confidentafter picking underdog Dallas and decided to stay with ~ underdogs and picked Evidence with Prof. Siemer (8-1) and/or Civil Procedure II also with Prof. Siemer (5-1), you were a loser this time. Both were cancelled and your alternate choices were not picked up by the computer. This on top of your losing bet on Research and Writing (10-1), which will have to be replaced by another elective. Well, maybe we can have a refiind on that after all, it is still worth two internal credits! By the time all this was brought to your attention, the rest of the worthwhile ■ay electives were closing fast. So what do you, a bright and conscientious law student do to combat this situation? Why youre-register. But by not knowing what courses you will be lucky enough to get in to, you are forced to attend your primary and alternate choices. Attending six different classes the first week of the semester is fun. Besides, it will increase your disappointment when you find out you got the classes you liked least. registered, the If'after this, you were still having trouble administration put an end to your losing streak on January 23, 1976 at 12:30. In a You comical meeting thatsmacked of the 60's student protests, a ballot was handled out. losers were to have your destiny taken out of your hands. You could not lose anymore you just had to settle for your eighth choice. - '" - , to set up The Alumni Association recently made a contribution of $875.00 to the Moot Court Program, to help underwrite the Desmond Award Dinner. Robert P. Fine, the Vice President of the Association, served as one of the judges in the Moot Court competition. The Annual Luncheon of the Law Alumni Association will be held at New York City in conjunction with the annual meeting of the New York State Bar Association. The luncheon will be at the New York Hilton on Friday, January 31, 1976 at 12:30 P.M. Director Anthony J. Renaldo is Chairman of the Luncheon. Mr. Renaldo can be contacted at 853-1865 for reservations. All Alumni in theNew York City area are invited to attend. The speaker this year will be announced shortly. The Alumni Association is working with Fred Tamalonis, Director of Development of the U.B. Foundation, Inc., to assist in the planning and coordinationof class reunions. Most law classes have a reunion on the major anniversary dates, and in any given year as many as 7 classes may be holding reunions. Plansare being developed to coordinate these reunions so as to more actively involve the Alumni Association as well as the School. . Christopher S. Dix, a 1973 graduate from the SUNY at Buffalo Faculty of Law and Jurisprudence has recently been appointed to the position of Administrative Assistant for Supreme Court Johnson Higgins of Hawaii. A former Confidential Clerk for State Justices James O. Moore and Thomas F. McGowan, he currently is residing at 1717 Ala Wai Terrace, Honolulu. �February 5, 1976 OPINION 9 PADMINSTRVE ERSPECTIVES These questions are devised in the absence of others from the student body. They seem pertinent. Q. Whathas happened to the library space problem? Ans. The library, a popular area for study due to its location and attractiveness, surprisingly became less used during the pre-exam period based on a lumslile count. The new calendar may have affected the count or it may be that students foundalternative places for study by themselves. Nevertheless the problem disappeared during the past semester and will be carefully watched this semester. Signs are now posted in the law library indicating that the study carrels on the third floor are intended to be used by law students. Since the Law School administration lakes an open position on its operations, responses to answers in this column are invited. Responses and questions can be given to the editor of the Opinion or to Allan L. Canficld in room 316. The Law School administrators and areas of responsibility are: Provost, R.D. Schwartz Associate Provost, R.B. Fleming Registrar, CH. Wallin Placement Director, J.C. Carlisle Assistant to the Provost, A. L. Canfield Admissions Officer, Part-time, Ms. Hollander Assistant to the Dean, Ms. Federman TutrhnoeSf crew Q. How will the recent budgetary cutbacks affect the operation of the law school? Ans. In specific and particular ways, the answer to the question is unknown. If the budget cuts were equivalently and universally applied throughout the University, the Law School would lose its predictable share. However, several factors enter into budget-cut decreases such as the filling of the most feltneeds University-wide, faculty-student ratios, staff turnovers and so on. At the moment, the primary effect has been the budget freeze, which essentially means that replacements for empty positions cannot be made. Stale positions when vacated cannot be filled unless the circumstances are unusually compelling. Thus far we are fortunate to have lost only one secretary and no faculty or staff members. Q. What is the story on the loss offunds for the library? Ans. It is true that the library acquisition funds were curtailed more than a year ago Albany level. The funds have diminished by several thousand dollars over a 3 year the at period. In consequence it has been necessary for the administration to cancel many subscriptions. The Hayes Hall administration has attempted to restore the funds to the previous level and there are some encouraging signs. In the meantime, to provide short-term relief from this year's short-fall of funds, the law school administration, with the U.B. Foundation, has started a fund-raising campaign, the proceeds from which will be used toward the re-purchase of these periodicals. The results of this campaign will not be known until late May, although several donations have been received. A fine library is extraordinarily necessary to Q. Will there be another SBA Administration forum? Ans. The Law School administration wants to have as much exchange of information with the student body as possible. If the SBA is agreed, a forum can be held in March. CHOMSKY, i continued from page one The most intriguing point Chomsky The other side of these issues is American involvement. At present Israel, raised dealt with the reaction of the American liberal establishment to all of with its economic strength sapped by its this. In fielding the question of what he military commitments, increasingly relies upon the United States for economic thought of the hysteria in the American support. Most striking is the fact that the Jewish Community over the United Nations resolution equating Zionism with present U.S. aid bill accounts for 25% of the Israeli budget deficit. Clearly any nation which is so dependent on outside aid gives up much of its sovereignty. Israel's predicament is in large part the result of Arab economic pressures which have isolated Israel both economically and culturally from Western Europe. As long as the Israelis and Arabs remain in a state of military confrontation this situation will continue. The reaction of the American industrial community to this is favorable. The Arab oil boycott has put definitecogs, racism, Chomskyreplied that there are two in the Western European and Japanese points to keep in mind. The first is that industrial systems, our prime competitors many of the nations that voted for the for the world's industrialized consumers. resolution are themselves racist. The two The demand of socially repressive Arab oil examples he used were Indonesia where the government systematically eliminated the states for arms (not so much for use against Israel, but against nationalist forces in their ethnic Chinese population of the islands, and Syria where non-Moslems are treated as secondclass citizens. The second point is that the concern of the American Jewish Community for Israel's survival is quite sincere, while the established liberal community regards this event as a cathartic experience. This can best be witnessed by Ambassador Moynihan's condemnation of the resolution. Chomsky described Moynihan as a minor functionary in four Administrations, several of which practiced own homelands), allows American industry the worst kind of genocide imaginable in to recycle petrodollars to obtain a Southeast Asia. "It would be the favorable balance of trade. Since, the Arab equivalent of World JVar! I having ended in consumer markets are virgin territory while a stalemate, and Eichman condemning Israel's is already developed, the Arab other countries for being racist." The nations present a potentially greater liberal establishment's condemnation of industry. the resolution shifts public attention away market for Consequently, Israel's survival is of no from their being taken to task in the importance to the American industrial aftermath of American involvement in Vietnam. community. by Chris Carty This column will be devoted to short explanations of upcoming, or recently past financial aid deadlines for various applications needed to receive aid for 1976-77. It also will encompass the requirements for receipt of aid for this semester. Parents Confidential Statement (PCS)jStudent FinancialStatement (SFS) Due February 1 This is the first of two forms (the other is Form UB discussed below) required to be filed with the Financial Aid Office on Main Campus in order to be considered for National Direct Student Lqans and or Work Study for Summer and Fall, 1976 and Spring, 1977. It provided detailed financial information from which a student's "need" is derived by a standardized formula developed at the College Scholarship Service (CSS). Although it suggests that one use the income tax form as a basis for figures given, if those figures aren't available, common sense suggests that the student estimate. Since "need" is derived by .i standardized formula, small deviations from the "actual income" or expenses will not affect your need determination. In no event, should failure to receive the "Employer's Statement of Income for 1975" (necessary to fill out the Income Tax) deter one from filing the PCS/SFS. These forms were due February 1. The effect of lateness is substantial. Late applications are ignored until all timely applications have been reviewed. Generally, the University is able to consider late applications received through May, but there is absolutely no guarantee of consideration at all, unless the forms are filed within the deadlines. Forms are available both in my office (Room 303), from the Registrar and at the Financial Aid Office on Main Campus. Form UB Due March 7. It is filed directly with the University and This is the complement to PCS/SFS. details simple administrative data. Late filing here of this form is easily detectable since the school gets the forms directly. Both of the above are necessary for consideration for NDSL or Work Study. Failure to file one or the other will constitute an incomplete application, resulting in not being consideredat all for any financial aid. TuitionAssistance Program (TAP) Applications Due May 31, 1976 for 1975-76 Academic Year. (Forms for 1976-77 are not yet May 31, 1977 for 1976-77 Academic Year. available) These are the filings required tor consideration tor what is commonly known as scholar incentive. The form requires detailed financial information ,much like the PCS/SFS. If a student qualifies for maximum scholar incentive (less than $2000 net income), the University will give the student a State University Scholarship (SUS), resulting in what is casually known as a tuition waiver. Since this is the only "free" (i.e. no repayment, no interest, and no work required) money available, every student should file an application. If a student thinks he/she might qualify for a SUS for this year, file a TAP form now. One may file for any semester (Summer, Fall, Spring) of the 1975-76 academic year until May 31, 1976. If a student already has paid his/her bill, the school will credit the account or refund the money if he/she is entitled to the SUS. Applications for the 1976-77 year will be available around June 1 and will be mailed directly to your permanent address. Applications for this year, are available from the Regent's Scholarship and Examination Center, 99 Washington Avenue, Albany, N.Y. New York Higher Education Assistance Corporation (NYHEAC); American Bar Association (A BA); other federally assistedbank loans. These applications for loans may be filed at any time duringor preceding a semester of academic year. Students are eligible for a maximum of $2500 per year. Students are eligible for a maximum of $2500 per year ($lO,OOO total) in loans at 8% deferred interest. In June, the interest will rise to 8/2%; Usually, the federal government will guarantee the interest charges while one is in school. In some cases where net income "" exceeds $20,000, the student will be asked to pay interest while in school. Applications are available in Room 303. Most NDSL checks for this semester have arrived (Office of Student Accounts, Main Campus, Hayes A). Students whose registration cards show only 9 credits will not , be able to pick up their checks without verification that they are full time students. Such forms are available in Room 303. In no event should a student discard the 9-credit registration card. Any student who has received a work study grant since last semester, but who is not yet employed, please see me as soon as possible. �February 5,1976 OPINION 10 than we can expect to receive from nuclear power. Right now, some forms of solar and wind energy can be used there is no need to wait 30 years. Through efficient use of energy, energy conservation and increased use of solar energy, windenergy, bioconversion of organic waste (into methane) and other safe, essentially non-polluting and decentralized energy forms, we can totally eliminate the supposed need for nuclear power. 24) For years, the federal goverment has poured billions of dollars into the nuclear power industry. Despite this, — NYPIRG, continued from page four 15) Furthermore, one reason the price ot uranium is rising so rapidly is that the supply is easy to mine, rich deposits are dwindling and the industry must turn to poorer, less accessible ore deposits. There is a distinct possibility that, if we continue with plans to build hundreds of nuclear plants, we will be dependent on foreign sources of uranium. This hardly fits in with Project Independence. 16) As stated above, nuclear power plants are vulnerable to staggeringly dangerous forms of sabotage. They could be attacked and destroyed by terrorists, causing a meltdown of the fuel core, causing in turn great numbers of injuries and deaths. They could be attacked and held hostage by terrorist groups. Who is going to refuse their "Although nuclear energy of the type employed in non-breeder reactors is a widely acclaimed way of mitigating the nations energy problems, MORE ENERGY HAS GONE INTO THE DEVELOPMENT OF NUCLEAR POWER PLANTS THAN HAS BEEN RETURNED IN THE FORM OF USEFUL ENERGY." Ford Foundation EnergyPolicy Project demands? Who doubts that terrorists would take these steps, in view of recent world history? 17) Nuclear bombs can be constructed using knowledge that is available to the public, providing the "special nuclear material" (plutonium or enriched uranium) is available. Unfortunately, terrorists or other interested parties could steal such materials during transportation, storage or reprocessing. Again, who would refuse a demand made by a party who could destroy a city and contaminatemany square miles? 18) As previously mentioned, workers in the industry uranium miners, reactor "~ workers, people in reprocessing and fuel rod assembly plants will be exposed to varying amounts of radiation. Many will contract cancer and die, having been robbed of years of life through this occupational exposure. 19) Nuclear plants are required to have evacuation plans in case of a major reactor accident. They probably do have them, gathering dust somewhere. Usually, very few local officials know of the plans, let alone what they are supposed to do. Very few, if anyof the plans have been tested. The companies say: we've had no accidents and the chanceof —- — one is so small but what if thereis one? 20) What if there is one after there are hundreds of plants across the country? A major accident could cause panic near the other plants. Who would believe government and industry then? Public pressure would build to shut down the other plants. Another energycrisis, again of our own making, would develop. 21) Nuclear power development on a world wide scale is inextricably tied to the spread of nuclear weapons. Everyone seems to be against the proliferation of these weapons but we seem to be unwilling to take steps to stop it. On the contrary, we promise reactors to Egypt and Israel. If the U.S. stopped nuclear power development, it would be a powerful precedent for world action and a substantial step toward limiting the spread of nuclear weapons. 22) Nuclear power results in an accretion of radioactive material in the environment carcinogenic, mutagenic material. It is now widely distributed in nature. The more we use nuclear power, the more it will be extracted and concentrated. Once it is so Someday, ion, this willalt be yours. And your ion's. And your son's son's. processed, it must be treated with extreme caution and isolated from the environment. And your ion's son's son's. Andhis son's. And his son's son's There is .no reversal of the process. We should be questioning the wisdom of deliberately gathering together dangerous material, especially when there are alternatives, .and reprinted, Sacramento Bee especially when it is an interim solution. The entire system will depend on nearly perfect t AH the damages, obstacles, alternatives; money down the drain and we haven't control of these toxic substances. If there is one thing we can probably all agree on, that, is that we are not nearly perfect. Plutonium is one of the most toxic substances known.- even received any energy. It is time to stop this madness. This year the New York State legislature wilh again consfder the Safety Energy Act. Some of the provisions will yet we are designing an energy system involving the use, handling and trans effectively stop nuclear power development in N.Y. State. If you favor this legislation, increasing amounts of plutonium. 23) Many nuclear proponents say that we must have nuclear fission energy to contact your representatives in the legislature. NYPIRG will again be lobbying for this supply our energy needs for the next 30 years, until solar or wind or fusion power can -legislation. NYPIRG is a non-profit, non-partisan research and advocacy organization funded play a major role in supplying our energy needs. In effect, these people are saying that we should saddle all future generations with tons of toxic waste, take the risks of reactor and directed by students al colleges and universities throughout N.Y. State. accidents, transportation accidents, sabotage, increased cancer among workers and the genera! population, just so we here and now can have enough power for our electric toothbrushes, microwave ovens, and air conditioners. Right now we waste more energy Gerry Schultzis a 1975 graduate of SUNYABLaw School, now working for NYPIRG. - - . — — - CARLISLE, continued from page seven Attttttimt! 12. To what extent is it necessary for our Placement Director to fulfill his responsibilities outside the Law School? It is my understanding that originally one conceived of the Placement Office as having dual inside and outside directors. Obviously it is necessary for me to spend time with students, to supervise administrative tasks, etc., but it is essential that we not ignore outside functions. I attend bar association meetings, conventions, professional group meetings, etc., and meet as often as possible with alumni, practicing lawyers, judges and employers. Such contact is essential for the successful operation of this office. 13. Some students complain that it is difficult to see you. Is thatso? 300 personal interviews of one to an hour in length. I am always available tosee someone whether it be during or after working hours. I try to schedule interviews and to keep time open for short sessions. I find that many students have identical questions, concerns, etc.; therefore, to conserve time and to adequately perform other responsibilities, I shall --schedule seminars for small numbers of students. This procedure should enable us to continue close personal contact with our students and it will limit unnecessary repetitive responses on my part. Lest there be any concern I am strongly committed to being as available as possible to meet with students on an individual basis. I have conducted over half hour — All .Mtttata, Jfantltn;, £*aff anil Alumni The April Ist issue of Opinion will contain a special four-page April Fool's Day Supplement. Everyone is invited to submit material of a suitable nature to Opinion, John Lord O'Brian Hall, SUNY Buffalo, Amherst, N.Y. 14260. This includes letters, articles, news, pictures. Unless requested otherwise, selected entries will carry the submitters by-line. Deadline for entries for supplement March 17. Opinion reserves the right to edit all submitted material' for length and content. - Please note: deadline for regular material for the April Ist issue is March 24th. 14. Do you anticipate that most of our third yearstudents will ultimately obtain positions? Yes! - "HE m_=_K=_=__==3iK===__==_»■_ .. . �Februarys, 1976 In - 0- MM©.) iio> smoe -:-:■' - JQ 'tor. ik> jH opinion meeting thursdoy, februafy 111976, 100 pm, room 623 11 A "■_'-- ' />L *Ln/#A H I _P- �OPINION 12 I.' February 5, 1976 •' The Heck with Meek by Lawrence M. Meckler After suffering through every football bowl game, culminating in that thrilling victory of the Southwest over the Northeast in the Choose-Up Bowl, it's even good to be back here foranother semester. It doesn't even bother me that in N.Y. Practice we must rise every time Prof. Homburger opens the CPLR {not to be confused with the C.P.L.R.). SPORTS Football needs a change. One area of much commotionhas been the quality of refereeing. Thisis an area that desperately needs reform. One suggestion has been the use of instant replays to overrule referee's calls. However, instant replays are like Me detector tests, too prejudicial and not scientifically sound. They should be inadmissable. I also don't trust CBS (notC.B.S.). The solution to the refereeing problem is the introduction of the legal adversary process to the football field. When a referee makes a call, a full fledged trial should be held to determinewhether the guilty party is guilty. , Imagine that a defensive lineman jumps off side. A referee throws his flag and we'd have the case of People vs. "Mean" Joe Greene. As soon as the flag is dropped, Mean joe's lawyer runs onto the field to plead the case. There are different colored flags for each infraction as to give proper notice to the defendant. The jury is made up of 12 impartial (but not necessarily sober) fans. The judge can be a former football coach such as George Halas or Lou Saban. Mean joe Greene is a star and can afford a lawyer, but players such as George Hoey would have to look to Legal Aid or the Scrub Defense Fund. . The Rozelle rules of evidence will apply to these trials. Previous, unrelated offenses may not be introduced. Therefore, Mean Joe's prior holding penalties and roughing the passer convictions couldn't be used to impeach his character, in this, an offside case. Some penalties will have their own special rules. Corroboration will be needed to uphold clipping prosecutions. A wife won't be able to testify against her husband with respect to illegal use of the hands and piling on penalties. Reckless endangerment will be allowed on the football field, but of course the felony-holding rule will still be in effect. Even if Mean Joe admits to being offside, he still, in the alternative, has some defenses. He can claim renunciation in that he jumped back. He may argue that this was a victimless crime as the offside had no effect on the play. Mean Joe' may also make a constitutional argument claiming the referee made an illegal observation. When a game is out ofreach you may get a lawyer such as William cause, such as bringing Kunstler coming on the field to argue back the crackback block. Some may say that full trials after each call may cause substantial delays in the game, but au contraire. Officials will be more reluctant to make calls anticipating future libel and defamation suits if they are proven-wrong. Also in many cases.where the weight of the evidence is so against a player, plea bargaining (for example, from 10 down to 5 yards) will also speed up the game. There are problems that may occur with bringing the legal'process to the football field. Some over zealous fans may get carried away and start making Citizen's .Arrests. Other players may testify against teammates in order to get immunity from prosecution for penalties they committed. The process of appealing would get out of hand. Imagine the Supreme Court having to decide whether or not face-masking should be an automatic first down. Would Justice White have to excuse himself from the case? The Bowl games will have to be renamed. The Pro Bowl will become the Pro Se Bowl. NBC's New Year's Day blockbuster bowl doubleheader will now be the Directed Verdict Bowl followedby the Recruitment Violation Bowl. With gambling's increased influence on sports we may some year cap off the football season with the Point Shaving Bowl. Other sports may also try bringing in the adversary process into officiating. However, with respect to hockey, I feel the way the legal process can best serve us all is that an injunction be granted against any further showing or even playing of the sport on prime time or even crummy time TV. I don't like hockey. The Magic Act By Myles Elber One of the stranger aspects of writing a column for Opinion is the great time gaps between papers. My last report on Benny's activities Opinon - The league has had some organizational problems. Game times have been changed with little notice, causing.the.teams with.the late game annoying delays. We understand the difficulties in getting times and referees for the games but do think a more equitable system for assigning the late game should have been worked out. The worst result of this re-scheduling was that one team failed to show up for its game. Hopefully, this forfeit was not pre-meditated. Some long-range predictions Montreal and Philadelphis for the Stanley Cup, Golden State and Boston for the NBA Championship, and since I don't know the regional pairings, look for Indiana, Marquette and the ACC representatives to battle for the NCAA Championship. For long shot players check out Washington (not D.C). took him half-way through the football season. Now the season is over and Benny is,relaxing in Florida blowing some dollars on the dogs. Benny got himself involved in some strange games during the second,half of the season and in the post season activity. Some of the games he lost were heartbreakers. He bet Dallas over. New England giving four points. Dallas was ahead by seventeen points with six minutes left. New England proceeded to score two TD's to cover by a point. Benny's biggest financial loss was in the Astro-Bluebonnet Bowl when he bet Colorado over Texas in a pick-em game. Benny loved Colorado. They had a front line that averaged 6-5 and 260 receivers who were tali and tough and a diversified offense. Benny had some doubts ab out their defense,but he knew Texas couldn't possibly stop the Colorado offense. Benny also liked the fact that Marty Adkins, the Texas QB, was coming off an injury. After a score on the.opening kickoff, Benny had a delightful first half. The first Colorado drive went 80 yeards in 20 plays for a TD. This was followedby another TD. An interception stopped a third and Texas scored. Then Colorado completed a two minute drill before the half that any pro team would have appreciated. 21-7 Colorado at half time, no sweat. But then, during dinnner, disaster descended.Fumbles, North Street area. Will interceptions, and a blocked punt. The old hook'em horns looked like RIDE WANTED from Elmwood USC against Notre Dame in the second half and Benny kissed the pay. Please call Brenda, 884-5445, or leave a message at the bucks good-bye. Circulation Desk in the Library. i Benny's sweetest victory was Oakland over Pittsburg. Pittsburg was a6. point favoriteand was winning 16-7 with time slipping away. BIG. OOT Love & kisses for Valentine's Day and/or as long Oakland was driving but scoring a TD looked like a near impossible as it's good. Affectionately, Mad. Ass. task. But lo and behold, old George cam trotting on the field to boot his first field goal over forty yards this year. 16-10. Madden is a genius. Take the field goal, recover the onside kick and throw the TD pass. TO TODD ANDREW Happy Second!! Nearly worked. (Save this until you're old enough to appreciate it!) The only other playoff bet Barmy made was Dallas over the Rams. It was like stealing. Benny stayed away from the Super Bowl because TO R.D.N. B.S. M.A. Ph.D. P.E. Happy Birthday!!!!!!!!!! he liked Pittsburg but the spread was too high to bet them. It was a wise decision. On the college scene, Benny didnU recover from the Colorado debacle and watched passively, rooting against Ohio State and for Oklahoma. He enjoyed both games to say the least. Now on to ranked. basketball and best wishes for Rutgers to stay nationally The intramural league continues with Reds Boys and On the a Very Happy Rocks proving to be the dominant teams. In a thrilling game between AND TO THE EDITOR Best"wishes for the two Reds Boys squeezed out a one point triumph and are safely in Birthday from the Staff at University Press. first place. Reds Boys should complete the season undefeated and repeat as champs of the league. - classifieds - - - - - - —> � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1976-02-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/5/1976 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/43b5f2a7ed86644ef37e322e82a182b3.pdf a29d04bdd07457d4489834068d476385 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 16, Number 4 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 November 20,1975 State University of New York at Buffalo School of Law 1975 Desmond Concludes With Award The Tenth Annual Charles S. Desmond Moot Court Competition concluded last week with sixteen teams competing against each other in oral argument for Competition awards and .nvitations to join Moot Court Board. The problem this year, drafted by Ray Bowie, Tom Zackner and Dave Ferster, involved a debtor who had his automobile attached in a civil proceedings, given an inventory search by the police in the course of which heroin was discovered secreted under the bumper, and who was subsequently convicted of drugpossession in a criminal prosecution on the basis of the evidence uncovered in the search. The two constitutional issues briefed and argued were the constitutionality of the initial attachment under the Fourteenth Amendment and the constitutionality of the search and seizure under the Fourth Amendment. Each team was given the opportunity to choose one side of the argument to be briefed, but through the three nights of preliminary rounds, the teams were required to alternate in arguing each side. Winning teams in the preliminary rounds were determined on the basis of their oral argument scores, which were provided by judging panels composed of local practitioners, judgesand faculty. To determine the semi-finalist teams, the brief scores, which were graded by members of the Desmond Committee, were added to the averaged oral scores from the three preliminary rounds, and the four highest-ranked teams entered the semi-finals on November. 14. Semi-finalists this year were the teams of: The two highest-scoring teams from the semi-finals, Edgette-Rogers and McCoy-Paluch, advanced to the final round on November 15, to argue before a distinguished panel consisting of Hon. Charles S. Desmond, former Chief Judge of the Court of Appeals; Hon. Matthew J. Jasen, Associate Judge of that Court; Hon. John T. Elfin, Federal District Court Judge (W.D.N.Y.); and Prof. Kenneth Joyce, Moot Court Faculty Advisor. Victory in the final round went to Dennis McCoy and Margaret Paluch. Runner-up awards went to Paul Edgette and Sharyn Rogers. Theaward forBest Oralist wasgiven to Cathy Kaczmarek, while Best Brief awards were received by McCoy and Paluch. The format for the Desmond Competition differed somewhat this year from previous years, as Moot Court Board conducted a tutorial program in which Desmond participants were advised by Board members on brief-writing and oral argument techniques. Chairman Carl Howard and Vice Chairman Ray Bowie both expressed Chairman Carl Howardwith this year's Desmond winners. satisfaction with the outcome of the tutorial program and noted that the generalquality of the briefs had improved measurably this year. Following the final round, the 1975- Desmond Competition was concluded by a buffet dinner, sponsored by the Law Alumni Association for judges and competition participants. Selectionof candidates to Moot Court Board will be done in the near future, and invitees notified by letter. Fee Distinguished Mitchell Lecturer Tonight r ellowships at the Universities of Speaking tonight at 7:30 in the O'Brian Hall Moot Court Room Mauro Professor will ■ be Cappelletti of Italy. Professor Adolf Homburger, in his Law Review note on 3ologna (1954) and Freiburg in Breisgau, Germany (1955-57: two scholarships from the Alexander /on Humboldt-Stiftung). He i Professor of Law at Professor's Cappelletti's Judicial Review In the Contemporary World, (120 U. of Pa. L. R. 578 [1972]), calls him "Europe's leading authority in the field on in his field. This book is a "thoughtful, tightly written and easily readable study that places the (governmental] systems of the Western World in comparative perspective and describes and evaluates their leading characteristics." Professor Cappelletti has a detailed proposal submitted to the Ford Foundation to "identify, analyze, and evaluate institutions and techniques which different legal systems have developed to meet this crisis {of court congestion, costs, fees, legal, aid, etc.] and which seem susceptible of successful adaption to the was the of Macerata from 1957-1962. Since 1962 he has seen Professor of Law and Director of the Institute of Comparative Law at the University of Florence. Since 1970 Mr. Cappelletti has also held an appointment as Professor of Law at Stanford University School of Law. Professor Cappelletti has taught as a Visiting Professor at the Law Schhots of Stanford (Fulbright, fall semester, 1968), Harvard (fall semester, 1969),and the University of California, Berkeley (fall semester, 1970, where he delivered the public lectures for the Chair of Italian Culture in Berkeley while also teaching at the School of Law). Professors Together with Benjamin Kaplan (Harvard Law School) and Maurice Rosenberg (Columbia Law School), he delivered the 1970 series of Cooley Lectures at Michigan University. He has lectured in University comparative civil procedure." Today Professor Homburger, who is handling the introductions tonight, states that Professor leading Cappelletti is the comparativist in the world today needs of other legal systems." His speech tonight will be an extension of those ideas, seen from a comparativist's viewpoint. Mauro Cappelletti was born in Trento, Italy on December 14, 1927. From 1946 to 1952 he studied first philosophy and then law at the University of Florence, wherehe obtainedhis Doctor Juris (summa cum laudej in 1952. He was admitted to the ItalianBar in 1952 and clerked for Professor Piero Calamandrei, the President of the Italian Bar, from 1952 to 1954. He was awarded Research sklnne -continued on page twelve Referendum—p. 9 Judge Fuchsberg Addresses Law School Carl S. Heringer On October 28, 1975, sponsored by Phi Alpha Delta and Distinguished Visitors Forum, the Honorable Judge Jacob Fuchsberg addressed an attentive crowd in O'Brian Hall. A prominent New York City attorney before joining the New York Court of Appeals, Judge Fuchsberg gave his personal viewpoints on the activities of New York State's highest court. Judge Fuchsberg views the seven man court as comparable to the six man civil jury he often faced as an attorney. Just as it is important for a lawyer to be aware of the possible biases of the judge, knowing the psychology and predisposition of his colleagues makes it easier to place the right emphasis on the right issues. In one particular case, he showed how, after polling his arguments individually for each one, conceding some points, debating others on the facts or on general principles, he swayed theCourt to an unanimousdecision. Continuous stress was placed on the importance of the attorney's need to be aware of the predispositions of the judges,and above all, to be totally prepared in every aspect of the case. Within the limited time allowed for argument in the appeals court (generally under thirty minutes) the attorney must be ready to change his strategy at a moment's notice, to respond to questions from thebench in a manner that is well thought out, accurrate, and above all, impressive to the . judges. Allowing that "cases are human, judges are human. .", Judge Fuchsberg noted that the viewpoint of a judge is affected by an oral presentation, even if only subconsciously; that there are no purely objective means of determining cases, and therefore, an attorney should always take advantage of the opportunity to speak before the court. Each attorney gradually develops his or her own style, so the need to imitate "great attorneys" is minimized, and reliance on ones own skills maximized. v Two types of Appellate Court procedure were discussed. There is jhe COLD COURT, wherein cases coming into court are assigned in -continued on page six �November 20,1975 OPINION 2 ours OPINIONS Little Insight Availed While constructive to the extent of providing administrators with direct input from concernedstudents and some much-needed visibility, the recent Open Forum (see report, page 3] at best permitted discussion of obvious and isolated, albeit significant, issues rather than any appreciable insight into why suchissues plague theLaw School. Reasons for the latter vary, of course, from the simple bureaucratic weight of the SUNY system, about which the Law School Administration should frankly admit thatit can do little, to the more deplorable, local inertia and unimaginativeness in decision-making, for which the Administration is fully responsible. Indeed, with the announced resignation of Provost Schwartz, there seems to have developed a certain drifting or marking of time within the Administration, with day-to-day administrative functions sustained only through the efforts of the administrative staff and the faculty committees. Elsewhere prevails an unfortunate tendency toward stagnation, both in major policy decisions and in daily administrative operations, which has at least intensified the problems cited by students attending the Open Forum. Those students should have been given more knowledge as to proximate causes of such problems, and it is regrettable only that the Open Forum could not have provided more insight thereto. Subsequent forums, which we hope will ensue on a regular basis, may however shed light on causation and concomitantresponsibility.. yours Happy Everything Dean Search The search for a new Dean for the FLJ is advancing to the next stage. The Committee is in the process of invitingprospective candidates to visit O'Brian. The first three that will be visiting are coming in the near future. There will be others, although the exact numberis yet to be determined. These visits serve two (at least) important functions. One, of course, is the opportunity for the Committee to evaluate those who visit. However, perhaps more importantly, it gives an opportunity for the visitors to evaluate theFLJ. It is not enough for "us" to want "them." They must want us. They must feel that the position of Dean at SUNY is a worthwhile, workable and satisfying one. They must consider the faculty a body that they can communicate with, and cooperate with on a daily basis; they must find the student body an active, vigorous group, willing to work with a forward-looking administration. As that student body, we must ask ourselves, and answer, the question: Do we present such an image? We clamor for an active administration, are we willing to accept and work with one? We demand that they are up to their task; are we up to ours? We must have our answer ready soon, we might not get a secondchance. The Walls The First Amendment to the UnitedStates Constitution protects the freedom of speech. Speech presents itself in many forms; the most prevalent in O'Brian is the poster. The ever-present, wherever-you-look poster. On the walls, on the doors, even on the bulletin boards. The official school regulations allow notices to be posted only on specially designated bulletin boards. The powers that be do not strictly enforce this, and hence the proliferation of posters, especially around election times. In and of itself, there is no evil inherent in permitting the posters to remain. They serve a valuable service, giving notice of classes, concerts, lectures, meetings, events, etc. This paper makes use of the walls in announcing deadlines, fighting for space with everyone else. However, as with everything else, there is abuse of the "privilege." It becomes extremely difficult to find class assignments amongst the myriad notices of politics, protest and free kittens. The same dilemma presents itself on the personal notice board. A second problem exists with outdated notices. We can safely assume that it is no fault of the student body when the assignments board stillholds notices from summer school, 1973. These boards should be taken care of on a regular basis. The walls, too, demand policing. There is no reason why posters and notices in November remain to announce things "forthcoming this September." Once the poster has served its purpose, they shouldbe removed, even if only to leavve some room for the next person's notice. It would also be nice to restrict posters and such to thebrick, and not the painted surfaces. Don't leaveit to maintenance keep track of your own handiwork. And by all means, do not take this to mean thatany student should take it upon oneself to patrol the halls, eliminating eachand every poster, regardless of message or origin. After alt, some of those things are worthwhile, aren't they? Remember,-a cleaner O'Brian is up to you. - The Best Criterion Pursuant to requirements established by the SUNY Trustees in order for the State University to collect a mandatory activity fee for student governments, the Student Bar Association will be conducting its quadriennial referendum November 25 and 26 on the question of whether the $15 per semester activity assessment shoukJ be mandatory or voluntary. Being one of the rare occasions on which law students will directly be able to determine the amount of a University assessment and the nature of the educational opportunities availablehere, no student should forego the balloting on this question. Supporters of the current mandatory fee system, in which students must support activities funded by the SBA in order to register at the Law School, note that the activity fees presently support a wide variety of activities and groups which offer law-related educational opportunities worth the while of practically every law student to some extent. Without a mandatory fee, they argue, many of these will simply cease to function on a voluntarily-funded basis. Those who advocate voluntary activity fees reply that relatively unpopular activities should not expect forced subsidization and that those activities which are genuinely popular will be voluntarily supported by students on either a subscription or pay-as-you-go system. Others contend that a mandatory activity fee coerces students to support certain groups and causes to which they may either conscientiously object or simply lack interest in. Good arguments doabound on both sides, but undoubtedly most voters will simply ask themselves whether the benefits they receive from the SBA and its funded activities are worth the expenditure of $15 each semester. That criterion is, regardless of the emotional appeals on both sides of theissue, easily the best. To Everybody! Our Policy: Please submit letters typed and double spaced or neatly printed. All letters must be signed, no anonymous correspondence will be accepted. Names will be withheldupon request. Opinion reserves the right to edit all submissions for length and content. Please include a telephone number, as we attempt to confer with everyone should some change be necessary. The above policy also pertains to all columns, articles and announcements submitted for publication. Volume 16, Number 4 November 20,1975 S Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Staff: T.J. Centner, Victor Rostow, Jeff Chamberlain, Lawrence M. Meckler, Myles Elber, Howard Achtsam, Andrew M. Puritz, Jack Pawlick, R.I. Glick Contributors:Rosemary Roberts, Chris Carty, Dan Slade, Howard Stirling, Cathy Novack, Usher Fogel, John Simson, Abbott Gorin Copyright © 1975, Opinion, SBA. Anyrepublication of material contained herein is strictly prohibited without the express written consent of the Editor-in-Chief OPINION is published every three weeks, except for vacations, during theacademic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. �November 20,1975 OPINION Student/Faculty Sound-Off by Ray Bowie on the quality of legal education available at the Law School, adding that students' general lack of self-confidence was the major problem. comments Responding to an invitation from the Administration and the Student Bar Association, approximately fifty students attended an Open Forum to avail themselves of an opportunity to question law school administrators on a variety of issues concerning students here The Open Forum, devised by the Administration and SBA officers, was the first such event of its sort conducted here in recent years. Provost Schwartz, Assistant Provost Fleming, Law Wenger, Librarian Registrar and Wallin, Administrative Assistants Allan Canfield and Erica Federman represented the Administration. Provost Richard D. Schwartz, Administration addressed the assembled students with acting as spokesman, functioning in the Library. Provost Schwartz expressed his own concern with funding cutbacks in the area of Library acquisitions, which were making it With the floor opened to difficult for the Law School to student questions and comments, build up deficient collections however, other concerns were wherein the School currently has only between 25% and 40%of the quickly raised. volumes listed by the American Numerous questions evidenced Association of Law Schools as student dissatisfaction with the constituting an adequate law Law Library, particularly the school library. overuse by non-law students, Several students also cutback in hours, and inadequacy questioned reductions in the of photocopying facilities. Provost availability of educational loans Schwartz promised that the this year, claiming that the living Administration would investigate expense estimates calculated by the possibility that restrictions the University Financial Aid might be placed on non-law Office were unrealistically low. student use of the Library, while Asst. Provost Fleming replied that Mr. Wenger pledged that efforts the effort this year was to keep would be made to extend Library the law student "budget" at the hours through work-study money $2750 figure as opposed to even and that two lower amounts which might have eventually photocopiers would be resulted if medical students were 3 Douglas Steps Down As we went to press, the news reached us: after thirty-six years, Justice Douglas was stepping down from the high court. Citing poor health as his reason, JusticeDouglas brings to a close an unprecedented lifetime of service to the United States. Always courageous, often controversial and outspoken, he devoted his judicial career to the preservation, protection and defense of the U.S. Constitution. His influences on the U.S. legal system will be felt for decades, as will the spirit he gave to the Supreme Court. We salute Justice Douglas, and wish him long life. He has earned his place in American history. given "budgets" higher thanother teaching. Provost Schwartz graduate students. Next year, responded with a discussionof the Fleming added, he will be the Law nature of law school teaching, the School's representative on the history of writing instruction at Financial Aid Committee and will fight for a higher living expense estimate for educational loans. Other questions were directed to the new first year writing program, in conjunction with allegations that the program was makeshift in nature and evidenced a lack of faculty commitment to the Law School, and the burden which the previous writing programs imposed on teaching resources. The current program, he concluded, constituted ar> attempt to provide the instruction within the constraints of budget limitations and diverse faculty interests. Turn of the Screw by Chris Carty The subject .of_..this, column- .is;,'the;registr.atjenprocedures for is slated to begin December 2 for third yearstudents, and December 4 for first and second year students. However, these dates only apply to the standard computer registration. There are special deadlines precedingregular registration both for third yearand first yearstudents. Those third year students registering for New York Practice may pick up "lottery ballots" (available as of Wednesday, November 19) at the Registrar's Office. These must be returned before Thanksgiving recess. There will be two sections of New York Practice {Homburger and Davidson). Because of the overwhelming popularity of Professor Homburger's class on this topic, coupled with the impossibility of insuring everyone a fair chance of admission under computerized registeration, the lottery method has been substituted. First year students already should have received a registration packet requiring each one to cast two separate ballots yesterday for Constitutional Law I and for Property. These results will be posted this week on the bulletin board on the third floor. The third ballot for the writing section must be returned to the Registrar's Office before Thanksgiving recess. These results will be posted immediately following the recess. First year students may then register for. one or two large group electives on December 4. Second year students have been spared a lotteryand register for all courses on December 4. At this juncture a few words about the mechanicsof registration seems necessary. Each semester the following COURSE INSTRUCTOR Coll. Bargaining in Govt. Collective Bargaining Conflict of Laws Public International Law Constitutional Law IV Estate Planning Gratuitous Transfers Federal Tax 11, New York Practice 1(5 hrs.) New YorkPractice 2(5 hrs.) Commercial Transactions II Securities Regulation Trial Technique (4 hrs.) Data Banks & Privacy Criminal Procedure II Debtors Rights Woman The Law Counselling Small Business Law in the English and Newhouse Atleson Bell _ rumors, among others, circulate among the students as the disenchanted among us get closed out of a seminar or .CGU.se taughtby a favoriteprofessor: (1) Having a high social security number guarantees you'll get into your first choice of courses; (2) having a low social security number will have the same effect {depending upon to whom you talk); {3) third year students get preference over all other students for any class; (4) even jf out of a course by the computer, you can get in by being "force registered" with the instructor's permission; {5). even if you get closed out of a course you can sit In on your first choice (despite the clear designation on your course registration card that you are registered in Section 2, not Section 1),go to the professor at the end of the semester, say you didn't know you were in the wrong section, take the exam, and victoriously beat the system; and (6) {this semester there is a new rumor) second year students don't stand much of a chanceof getting into the courses of their first preference since they are being squeezed out either by the third year or the first year students. I will describe the registration process as it will be carried out this semester in response to each of theabove. After the lotteries have been completed, and the results posted, the registration to be done by computer will be handed in. Third year student's form will be sent by computer will he handed in. Third year student's forms will be sent classes. After the results of this first batch are known, the second and first year students requests will go American Revolutions Business Planning Simulated Law Firm 1 Simulated Law Firm 2 Lawyer Client Clinic Leary Mann Mugel Joyce Joyce Homburger Davidson Spanogle Lybecker Staff McCarty Allen Girth Blumberg Zimmerman Gordon Lybecker Magavern Kaplan Rosenberg Wolfgang Hollander , Karp SEMINARS (3 hrs.) INSTRUCTOR Appellate Practice Internal Union Democracy American Legal History Implementation of Legal Policy Desmond Atleson Lindgren Galanter Problems of Environmental Quality Law and Development Reis/Galanter Formal Models and Methods in Legal Process McCarty Social Legislation Albert "Stateand Local Tax to the computer as one batch. First year students will not have a priority, even for the 13 so-called large group electives open to first year. However, many of the courses likely to be requested by first year students already have been taken by upperclassmen, thus, it is unlikely that first year students will get closed out of their choices, students will get closed out of their choices, a sorting pattern based on high or low social security numbers. The effect is that for each course either high or low social security numbers will have preference foradmission to the course. However, it is never known to the Law School whether high or low numbers are used, or when the sorting pattern is changed since thisis donerandomly. If you are not registered by the computer offor a course, it usually can be traced to one of two reasons: a check-stop or the course was filled. To avoid the former, all bills (including library fines, parking tickets, etc.) should be paid before Thanksgiving. As to the latter, one can be forced registered with the professor's permission. However, there are always a few courses every semester for which this is not allowed. New York Practice for Spring Semester falls in this category. I do not recommend sitting in on a desired class in spite of being registered for another. It has worked effectively in the past as a means to get the classes of one's choice, but was strictly forbidden a year ago. I do not know of anyone who has tried and succeededsince then. All second year students interested in the Simulated Law Firm (SLF) for the second semester, there will be a pre-registration taken at the Registrar's Office. The deadline will be December 2. The following is a summary of available offerings for next semester: and Finance of Law Seminar in Philosophy of Law Greiner Franklin Bankruptcy Reorganization Bell Girth ADDITIONAL ELECTIVES OPEN TO UPPERCLASS ALSO OPEN TO FIRST YEAR STUDENTS Administrative Law Criminal Procedure Administrative Law Evidence 2 Family Law Labor Law I Commercial Transactions _ Civil Procedure II Civil Procedure II Law Social Change Perspective on the Criminal Process Gifford Allen Gifford Siemer Swartz I Kochery Schlegel Siemer Kochery Galanter Hosticka �November 20,1975 OPINION 4 Faculty Debates Appointments By Jack Pawlik The Faculty meeting of November 5, 1975 was perhaps most notable for the debate centered upon the proposed offer of faculty positions to two potential candidates. This debate lasted over 'V/.> hours. But it was a mere symptom of a critical problem which the law school must now face: money. The Dean's Faculty memorandum of October 29 forecasts a zero growth budget, "at best." A 5% cut is "not unlikely." Needless to say, this puts a tremendous strain on this law school's attempts to expand programs, improve and gain increased national recognition. It also raises serious problems in recruiting additional faculty members. This was most clearly demonstrated at the rather lengthy Faculty meeting. Approval of offers to two candidates which only a year ago would have been almost routine has been boggled in sometimes bitter debateand dilatory tactics. The gravy train is now over. Money problems exist and cannot be ignored. Increases in law school expenditures now require strict justification and a sense of bureaucratic approvals in the SUNY system. This dismal picture, however, is somewhat brightened by the appointment of Ms. Virginia Leary as Visiting Associate Professor for the period from January 1976 through the 1977-78 academic year. Ms. Leary will teach the basic course in Public International Law. Other appointments, however, will be subject to further debate among the faculty members. Should the Faculty select extraordinary talented individuals over persons merely competent to teach in understaffed areas? It is this question and other equally debatable questions which the Faculty must consider in offeringappointments in the new world of limited financialresources. — Earl Carrel Where Are You? Environmental Notes Did you know that the garbage you throw out as waste today may be worth as much as $5/ton as a source of energy tomorrow? Dave Finnegan, a second year law student here and formerly Director of the Solid Waste Task Force for the NYC addressed Environmental Protection Administration, the Environmental Law Society on Wednesday, solid waste November 12 on the subject of management and energy recovery. In discussing the prospect for a bullish garbage market, Dave explained how modern techniques for the recovery of energy from solid waste could bring profits to most urban areas of the country. A large proportion of mixed municipal refuse is paper which is an excellent fuel. Applying the proper technology to the reuse of garbage as an energy source, Dave explained, could procude as much as 2. % of the total energy needs of the U.S., or enough energy to light America. All technologies for solid waste recovery begin with an elaborate system for storing and isolating the most recoverable forms of garbage. Once "cleaned," garbage can be expected to produce 7-8,000 BTU/ton, inefficient compared to oil, but cost effective in light of the rising price of conventional fossil fuels. , Techniques vary from the established use of water wall incinerators (but with problems of high cost of air pollution control and inefficient energy production) to elaborate methods of pyrolysis, a process of burning oxygen to heat garbage to such a degree that methane, a clean gas, is produced. Locally, there are competing proposals for new technology solid waste conversion plants by Hooker Chemical Co. and Niagara Mohawk for Erie and Niagara Couniies. A number of problems stand in the way of the advancement of resource recovery from its present experimental stage. Foremost seems to be the lack of federal monetary commitment. While local governments will spend up to Vi their environmental budget on waste collectionand disposal, the feds are spending 10 cents on solid waste for every $10 on water pollution. Another problem is the inequitable tax treatment of secondary materials in relation to virgin materials, the latter subject to tax credits in the form of depletion allowances while no such incentive for the use of the former exists. Finally, excessive use of packaging materials could be made the subject of administrative regulation in order to ease the strain on the ever increasing mounds of municipal garbage. Kent — HowardRosenhoch Justice as Respect On November 11, Professor Edward Kent of the Philosophy Departnjen'f of Brookley College, (C.U.N.Y.) presented a lecture entitled, "Property, Person and The focal point of the presentation was whether an affluent society in the name of and traditional concepts of can deny basic human needs to people without becoming a fascist political system. Prof. Kent began by stating that the underlyingprinciple of such regiemes as Hitler's Germany, or the Soviet Union under Stalin, was to deny that particular individuals were people. In this way genocide could be justified as an expediency to protect theinterests of the society as a whole. Consequently Prof. Kent establishes his concept of justice as respect for the claims and demands of persons, persons being defined as "a human being possessing certainmental capacities and endowed with fundamental legal rights and powers." The question then presented was, how does this system of justice differ from the one established by John Rawls' "A Theory of Justice?" Mr. Rawls' concept of justice as fairness, is based on two major principles. These are: 1) equal liberty, dividing up the pic in equal pieces so to speak. To justify this premise Rawls relies primarily on Rousseau and Kant as representing traditional social contract theory, and upon procedural due process, 2) the difference principle, which means that primary goods and benefits can be distributed in a discriminatory manner where such a distribution has the effect of benefiting society as a whole. What Rawls was really describing was the social welfare society of the 1930's here in America. Such a conceptual scheme could work only with a steadilyrising GNP since the poor would receive greater benefits, even though other parts of the society were more affluent, i.e. the discriminatory distribution of benefits was serving society as a whole. This analysis has become increasingly suspect as the American economy falters. The burden of bearing cutbacks falls disproportionately upon the poor, without any indication that the whole society is benefiting. The underlying fault of justice as fairness is the confusion of self-respect with economic benefit. Prof. Kent distinguished self-esteem (the worth one gives oneself) from self-respect (the attention or respect a social system is to give any individual). An example of this distinction wouldbe a defendant in a criminal trial who has little self-esteem, nowever, the judicial system should treat him no differently from any other defendant. Respect for person then is the basis for Prof. Kent's system of justice and properly rights. Hopefully a progressive society will give to each person the opportunity to live at least at basic productive levels. Prof. Kent did not draw any ground requirements due a "person." However, one thing was clear to him: that a society where 1,000,000 infants face the real possibility of brain property, Neighborhood Legal Services by HowardAchtsam After giving thought to the manner in which to describe the functions of Neighborhood Legal Services, I decided to relate the functions that I have performed there. It is not meant to be an exhaustive analysis of the functions of Neighborhood Legal Services, but is fairly indicative of the work done there, especially the work of a law student volunteer. Clients who have legal problems and who are eligible for the services of Neighborhood Legal Services make appointments to talk to an attorney or a paralegal. Part of my job was to interview clients in order to ascertain the type of problem the client had and the factual situation of the case. In certain instances, I followed up on this interview and handled the case. The remainder of the cases were assigned to attorneys or paralegals who would get in contact with the client. I handled cases in two ways. I usually had one or two cases that I was completely responsible for from the initial interview through its final resolution. The type of legal work involved might include preparing the necessary papers, keeping in contact with the administrative agency involved, and performing, legal research. I was constantly in contact with the client in order to allow the client to be completely informed. Since the cases at Neighborhood Legal Services often deal with administrative agencies, the case frequently moves along slowly. During the times that I had no work to do on my cases, I would be given, by the full-time staff, various tasks to perform on parts of cases. This might include researching issue, and an presenting, in an informal manner, the conclusions to the person working on the case. Very often it meant telephoning the clientor an administrative agency to find out the status of the case. Law students who are not part of the Clinic of the Law School cannot argue cases before any court. Therefore, if such argument was necessary, I would get an attorney from the Office to perform the oral argument. The type of case that comes up most often involves welfare matters. It is usually where the client has welfare eligibility terminated, or where the welfare department claims that the client owes money to the department. These cases, if they cannot be settled, often go to a fair hearing, which is an administrative hearing conducted by the welfare department. A law student is permitted to represent the client at a fair hearing. The agency's decision is appealable to the New York Stale Department of Social Services, and then to the courts. There are a wide variety of other types of cases dealt with by Neighborhood Legal Services. The most frequent cases, besides welfare matters, include family law, consumer protection, and housing problems. damage due to malnutrition (N.Y. Times - skinner 11/1/75), or where from 1965 to 1967 (the last reported years) the Federal Government extr^jjed ffom New York State $7.4 billion more than it spent there, while feeding the Military Industrial Complex coffers of the South and California (monetary figure is based on an article by Seymour Melman, N.Y. Times 11/1/75), such a society cannot survive basing such inequities on notions of managerial efficiency and independence. Such slogans obscure what is in truth the abdication of the Judeo-Christian and also Marxian concept of social responsibility irrespective of one's place in the economic order. (Notice how the A.M.A. forestalled medical services to the poor in the name of preserving the doctor-patient relationship). It is Prof. Kent's contention, that more than the monied class, it is the legal community which allows for the lethal system of maximization of profits to continue unmolested. For what are Gerald Ford, Richard Nixon, or John Mitchell but attorneys. It is the responsibility of the legal profession to stop the overreaching of the doctrine of plant efficiency where the results are genocide, and to redirect revenues and benefits so that human dignity does not take a subordinant role to badges of wealth. To be sure, much of this work needs to be done in the political rather than legal spheres, but it is the obligation of attorneys to increasingly expand American consciousness to include the broad notion nl respect for person as being of paramount concern. �November 20,1975 OPINION 5 The Brooklyn ENDBOTHFE AR Side by Carl S. Heringer by J eff Chamberlain It was only a matter of time. How long, I asked myself, can I refrain from mentioning the plight of New York in this "The presidency is the greasedpig in the field game ofAmerican politics. It is held by the . *Upstarts and Anachronisms - - in case result, I have been Things this welled up out of my dreams (nightmares?) and cried out to the world HELP! Read what John Steinbeck said about New York City, in 1953. It's still true today. He talks of a young man from a small town, a big fish in a little pond. He goes to The'City, (always capitalized) and can't even make a ripple. He goes unnoticed, defeated by the very mass alone. Until, - . ". .one day he falls into place, accepts the city and does not fight it any more. It is too huge to notice him and suddenly the fact that it doesn 't notice him becomes the most delightful thing in the world. His self-consciousness evaporates. If he is dressed superbly well there are half a mil/ion people dressed equally well. Ifhe is there are a millionraggedpeople. in rags If he is tall, it is a city oftallpeople. Ifhe is short the streets are full of dwarfs; if ugly, 10 perfect horrors pass him in one block; if beautiful, the competition is overwhelming. If he is talented, talent is a dime a dozen. — — - scott speed ready to stand up and defend my birthplace. For decades the nation accepted untold millions of immigrants, welcoming them through New York City, offering them rest, food and a new life. New York City was always there, ready to help. Everyone smiled, and said "Isn't America wonderful." They really meant "Isn't New York City wonderful," for New York City was doing almost all of it. The entire nation took credit when the City was "I don't think New York City is like other "good." Now noone cares enough to raise a cities. it is everything, ft can destroy a helping hand (and a helping dollar). man, but ifhis eyes are openit cannot bore This isn't a plea along the usual lines, i.e. N.Y.C. default ■ N.Y.S. default = U.S. him. economy collapse, although that is a factor "New York is an ugly city, a dirtycity. Its to consider. Rather, this is an emotional climate Is a scandal, its politics are used to call to alms. New York City is an integral frighten children, its traffic is madness, its part of this nation's, and the world's, competition is murderous. But thereis one history. It is bigger, brighter, lighter, and thing about it once you have lived in yes, darker, than any that has gone before New York and it has become your home, it, or any that we are likely to see again. no place is goodenough." Are we really so willing to cut loose such a structure? For too long the nation has New York City is the place you love to asked, What can New York City do for me? hate. If you're a native, say what you will. It's time to ask, What can we do for New If you're not, then shut up, for I'm always York City? .. - Notice to Students From: Cathy Novack, Treasurer Re: Fee Waivers Reinstituted - Pursuant to the Office of Student Affairs' reading of the Trustees' Guidelines, which control mandatory student fees, fee waivers are now available for the '75-76 year. Fee Waiver Procedures and Applications are available in the SBA office {Room 113) as well as from the Third Floor Registration Desk. The guidelines by which a recommendation for acceptance or rejection of the fee waiver will be determined, are as follows: a) b) c) - leader of a small group of men of whom and of whom only it is positively known that immense numbers of their fellow countrymen did not want any of them for President." A mbrose Bierce space? How long, before those years of stoopball, stickball, boxball, freezetag, ring-o-leeveo, bright lights, dark streets, crowded streets, stores, cars, tall buildings, old buildings, new buildings, strange places, friendly places, friendly faces, strange faces, languages how long before all of . Applicant has loans outstanding as follows: Ist yr. student 2nd yr. student 3rd yr. student The fee will be waived. - — haven't noticed are somewhat boring around here. As a reading newspapers, which I normally avoid. There are only two subjects in the newspapers, the imminent financial collapse of New York City, whichis important and hence uninteresting, and the American presidential sweepstakes, which is trivial and hence amusing. Gerald Ford will be the Republican candidate. He is a McKinleyesque statesman, who shrinks from the distinction of public life and diligently seeks the honorable obscurity of public office. Mr. Ford's qualifications for the jbb are impressive. In addition to not being female, black, or otherwise incapacitated, he has fallen down the ramp of an airplane; been in a car accident involving a teenager who ran a green light; tripped over a man in a wheelchair (causing the secret service to assault a ten-year old boy carrying a small American flag); cut his head by banging it agianst the roof of an airplane; fallen down while trying to walk over a level, dry surface; and who has learned the preferred pronunciation of the word "judge-a-ment." In his politics, Mr. Ford is forthright and humane. "I strongly support the feedingof children,"he saidabout the school lunch bill. Ford's only real Republican competition is Ronald Reagan, an out of work actor with (sometimes) orange hair. Politically, Reagan stands slightly to the right of Edward the Confessor, which has enamored him to large numbers of sensitive, intelligent and sophisticated American voters. Mr. Reagan is a goodpublic speaker; even bad actors learn to memorize lines. Unfortunately, his memory span is only about 50 minutes if the speech or discussion lasts longer than that, Reagan sounds like Ford. Jimmy the Greek makes Reagan 's chances for the nomination 4-1 against. Undaunted, the present Mrs. Reagan, who did not "used to be in" "Father Knows Best," was overheard in a supermarket explaining the exact differencesbetween gowns appropriate for the wives of presidents and vice-presidents. Since Mr. Ford is currently the president, he is known as the incumbent. There are a whole slew of outcumbents, who are known (individually) as Democrats and (collectively) as The Greatest Show On Earth. Most of these are merely stupid, though some of them have the distinction of silliness. None of them has, to my knowledge, the natural equipment to accomplish some small part of the baser ambitions which distinguish-atrle men from dead ones. This is why they are Democrats. First and foremost among Democratic candidates for president is Senator Edward Kennedy, who is not a Democratic candidate for president. If this statement strikes you as odd; you are in the minority; if the statement does not seem odd to you, then you have rare insight into the workings of American politics. Birch Bayh is running. Senator Bayh was asked to speak at the NOW convention. He got tired of waiting for those fractious women to elect their own officers, and left. As he was leaving, the Village Voice reports, a "jocose sister clutching a poster of a fat man with a small penis and a baldhead" asked about his "links with Wesson oil." Scoop Jackson is a thinking man's Dr. Strangelove. Jimmy Carter is a nice guy who's been in over his head sincehe quit peanut farming. Fred Harris drives a Winnebago. He also advocates breaking up large corporations, which may explain why he drives a camper. He is no relation to Ladonna Harris, who is described as a Commanche Indian and a strong proponent of women's rights. She is generally conceded to be an underdog. Milton Shapp is or used to be the governor of Pennsylvania, which is all I know about Milton Shapp and which is a piece of information I could easily have lived without. Terry Sanford fancies himself the Dwight Eisenhower of North Carolina. Morris Udall would enfranchise the fauna and flora, for whichhe has gained a following mostly of eagles and elm trees. Sargent Shriver is a nurd. George Wallace can't walk, hear, or think. Any liabilities imposed by the first two maybe outweighed by the appeal of the last: he is, after all, the "people's" candidate.Hubert Horatio Humphrey is running. If you wonder how the democrats could possibly choose fromamong this sterling collection of international statesmen, recall that they always do. But by so choosing, they will overlook the one man whose obvious qualifications for the office of president are simply compelling. Thisnewest entrant to the field is one George Roden, of Waco, Texas. Mr. Roden is a minister,and the vice-president of the Davidic Levitical Institute. He is a declared candidate for the Democratic nomination forPresident of the United States;his name is filed with the Federal Election Commission. Here is an excerpt from his platform: "If I am elected president, the space rpogram will increase to the point that space travel between Europe and America and elsewhere will be as extensive as jet travel is for transcontinental flights, if not more, eventually ... In addition to space travel, I have ah invention to prevent air crashes caused by failureabove 5000 feet." you - $ 7,500 9,000 10,500 Applicant has minor dependents and those dependentshave been issued a medicaid card. The criterion being if the applicant has a total income of less than $4,200 for a family of three, this is consideredfinancial hardship and the fee will be waived. If the applicant has a special problem causing hardship, evidenceof such problem is to be presented to the SBA Budget Committee which, after verification, may waive the fee. The Deadline for filing fee waiver applications is November 30, 1975 for the Fall '75 semester and by February 15, 1976 for Spring '76. Note: If your fee has been paid, you may still receive waiverwhich would simply entail receiving a credit for the $15.00 from the Bursar. . ApOIOQISS: In the last issue of OPINION, credit for Ray Bowie as author of the Law School History, was omitted. Sorry about that, Ray. �November 20,1975 OPINION 6 BLP: Members Testify for State Legislature On November 18, 1975, four members of the Buffalo Legislation Project testified before a Joint Session of the New York State Senate and Assembly Committees on Consumer Affairs and Protection on the subject of credit reporting. The four BLP members, Leslie Haggstrom, Alan Lichtenstein, Morgan Seeley and Ira Wiesner, are presently researching and analysing practices in the credit industry and possible remedial legislative action under the auspices of Pat Marinelli, the Administrator of the Assembly Consumer Protection Committee. The major focus of the project has been to analyze abuses against consumers caused by various industry practices. These practices may involve the accuracy and the scope of information which is collected, stored and disseminated in the industry. The Federal Fair Credit Reporting Act has had some success in its attempt to deal with the issue of accuracy in credit reporting. However, little if any legislation has been enacted which insures that the consumer's right to privacy is being protected. The issue of privacy is the primary concern of the New York State Legislature. Some of theabuses taking place involve the collection and virtually uncontrolled dissemination of hearsay reports known as "raw files." These fileshave dealt with an individual's drinking and sexual habits, political and social affiliations and other at best questionable data used in the granting or withholding of insurance, credit and employment. The Buffalo Legislation Project is currently preparing to attend another set of legislative hearings in February. The BLP is pleased to be able to offer its members the opportunity not only to research and draft legislation, but also to play a greater role in securing its enactment. The Project plans to maintain its expanded role in the legislative process. Membership applications for the BLP are now being accepted from second-year students. Anyone interested in BLP activities should stop by the new BLP office in rooms 643 and 644 on the bridge between O'Brian and Baldy Halls or call 839-2494. Law Day Conference On Sunday, November 9, the Puerto Rican Law Students Association sponsored its first Law Day Conference. The purpose of the event was to encourage more Puerto Ricans to apply to UB Law School in view of the drastic reduction in the number of minorities attending professional schools. Mr. Julio Garcia, the only Puerto Rican practicing attorney in Western New York, gave a presentation on his experiences in practice, particularly his relationship to the minority community. Moderator and president of the Puerto Rican Law Students Association, Raul Figueroa, brought home the need for Puerto Rican lawyers by stating the results of various nationwide surveys. Carlos Rodriguez, a senior law student, spoke on the admissions policy presenting a step-by-step analysis of a prospective minority student's The other participants were Nilda Pabon, a senior, and freshman Rosivette Morales. Aside from answering general questions relating to law school, Ms. Pabon and Ms. Moralesdealt with issues concerning the role of minority women. Other topics discussed included: the repercussions of DeFunis,sk'iHs needed in the legal profession, the future of the job market, and financial aid. The PRLSA wishes to express its gratitude to the members of the UB undergraduate organization "PODER" and the State College Association "ADELANTE" for their support and contributions. - Land Resources Management for N Y State During the weekend of October 24-26, the Environmental (EPL) held their Fifth Annual Convention in Canandaigua, New York. EPL is a non-partisan coalition which has working been for sound environmental legislation and its effective administration in New York State since 1969. EPL has two basic functions: (1) it employs a full-time lobbyist in Planning Lobby Albany in order to provide public officials with continuing research and information on environmental issues: (2) it provides the public with i nformati on on environmental events in New York State by publishing a monthly newsletter and an annual New York Environmental Voters Guide. The convention theme was "Land Resources Management for Fuchsberg... -continued from page one rotation. Each judge is given a particular case, and is required to give a report on that case to the others; in a sense, a preliminary opinion. When a case comes up for argument, you can tell which judge was "on" that case by the questioning. Each judge wouldhave only a superficial knowledge of the other cases. It would take several weeks for the reports to circulate, and to reach the decision stage. The method thatis gaining in popularity, and is now in use in New York State, is the HOT COURT. Every case (briefs and records) must be filed three weeks before term, and they are given to all seven judges. Seven arguments are generally heard each day while in session, and none of the judges knows which case is "his". After the orals, the judges retire: and draw their case by lot. Work begins that night, since the next morning brings a conference wherein each must be prepared to orally present it to the others the issues, principles, recommendations, and reasons. Each judge then gets an opportunity to offer his arguments on that case, based on his intensive threeweeks of preparation before the court calendar began. Note that this is repeated each day as the cases are presented, so that full performance is required from every judge, every day. Naturally, each judge must be well versed in every case, as opposed to the other method of review. The brief serves as the major item in the judge's attention, and must be complete, to make sure that every aspect of the case is brought the court's attention. The trial record serves as a research source, to and the oral may be insufficient to cover every issue that the attorney wishes the court to consider. Judge Fuchsberg stated that the legal profession is the most crucial one is today's society, if society is to keep its values, as the influenceof church, home and family diminishes in importance. He pointed out the law-oriented "revolution" that has taken place in the past few years, the inroads made in the rights of women, children, incompetent persons, the military, the environment, changes in "every direction you might go." Reiterating that the leadership of our profession will help determine the direction of society, the Judge pledged to speak out publically on issues that are importantand warrant discussion. The law must be sensitive to the needs of the society, to legal values, or it will be unduly subjected to pressures from without the legal community. Commenting on the problem of the inadequcy of counsel in too many cases (citing that one third of the cases that are lost due to inadequacy) and pointing to the need for rules to set aside verdicts on this ground, he stressed the need for furthereducation on the part of - Conservation new regulatory mechanisms of Environmental single-purpose legislation (DEC). (Mr. Hullar was former County Wetlands head of the Erie {centering on the Tidal Act, the Freshwater Wetlands Act, Department of Environmental and the Adirondack Park Agency Quality). Act), the increasing role of the The second panel discussion, courts in affecting land use entitled "Land Use Planning policies, and the progressive land Alternatives for New York State", use trends in other states. The forcused on the Coastal Zone panel was moderated by Ted Management Critical Resource Hullar, Deputy Commissioner, Area Designation, and the Land De partment of Resources Management and Local NVS Assistance Act, a study bill introduced during the 1975 legislative session by Herbert A. Posner, Chairman of the NYS Assembly Environmental Conservation Committee. Mr. Posner, a member of the panel, discussed some of the timely questions motivating his study how proposal, including conservational and development interests can best be reconciled, and how the objectives of full maximum disclosure, participation, and expeditious review can be achieved in land use decision-making. Posner said the main goal of the bill is to assure that the future growth of the state proceeds within the frameworkof an effective planning process and is guided by legislatively approved statewide goals and policies directed to land use and taking into account all relevant physical, social and economic development factors. Senator Bernard C. Smith, Chairman of the NYS Conservation, Recreation and the Environment Committee, also participated in the panel. Workshops following the panel discussions were intended to shape EPL policies in various areas. Subjects included Citizen gllck Suits, Environmental Education, Bikepath Legislation, Water and Forest Preserves Resources, Air an attorney before becoming involved with advocacy and Parklands, and Returnable There are too many Instances where the lawyer displaysproceedings his lack of Containers. preparation, insight and dedication to his cause. The integrity of the On Sunday, the convention legal profession in New York State has lasted for two hundred years concluded with panel discussion and it must continue to exist. a ■ entitled "New York State Energy Many of the questions following the well-received address Policy: What the are concerned the then upcoming elections, and the various amendments on the ballot concerning the court system. Several touched upon Alternatives." The Panel included representative a from DEC, NYS upcoming cases, which of course he could not comment upon. In all other instances, then and during the reception following the talk, the Public Service Commission, and a Judge was candid and receptive to each student and faculty memberhe public utility representative. by the Environmental Law addressed. Society New York State." Two panel discussions provided a framework from which to explore more specific issues, which participants had a chance to deal with in more depth in small workshops. The first panel, entitled "Current Trends Shaping Land Use Policies," included consideration of the increasing Federal role impact land on use decision-making, the impact of - ' �November 20, 1975 OPINION 7 Criminal Justice Training Program Starting Spring Semester, Carl Hosticka and Richard Schwartz will head the new Criminal Justice Training Program. This program, proposed to run concurrently with the three-yearlawprogram, will focus on training the new attorney to be aware of problems in the criminal justice field, and to be capable of handling such problems. Upon graduation, those involved will receive some recognition of their specialexpertise. (An excerpt from the official outline besldgseribe&theprogram: plan In a period when the problem of crime has become a major public concern, the criminal justice system in America is characterized by neglect, inefficiency, and corruption. Efforts at improvement have been undertaken by lawyers acting both in their traditional capacity as advocates and judges, and in newly developing roles as policy-makers, and researchers, administrators. To prepare lawyers to contribute to these efforts more effectively, we have developed and implemented a coherent program for law students who want to gain an in-depth understanding of the criminal process in anticipation of careers in either the conventional or developingroles. The program is conceived to be a systematic and comprehensive program of instruction designed to provide law students with: (a) the understanding and skills to participate effectively and creatively in the criminal justice system, by providing a conceptual understanding of the social, political and legal aspects of the criminal justice system, from the varying perspectives of the practicing lawyer, the policy and deeiison maker, the change agent of various types, and of persons and families caught up in the criminal process. (b) the skills and techniques necessary for the practitioner to function effectively as prosecutor or defense attorney within the system, from practical preparation to post-conviction remedies, including the services required to assist the ex-offender in his readjustment to society; and (c) the tools essential to facilitate constructive change in our system of justice, not only by the traditional practitioner (who plays a uniquerole in the American legal system in proposing and implementing change in the system) but also by those lawyers performing newer functions in government and private planning agencies, foundations and the like. This program envisions a sequential mode of instruction spanning the three years of the professional progarm, including theoretical exploration, field observation and research, and guided action as a participant in the criminal justice system. It will follow established models of experiential learning with sequenced periods conceptual of development, experience, reflection and and action. Thus refinement, conceptual students in the first year will receive instruction in doctrinal analysis of criminal law and criminal procedure plus conceptual models of the criminal process developed by the social sciences. This will be followed by a period of observation andresearch on the cirminal process as it exists in Western New York during the summer between the first and second years of law school. A seminar in the fall semester of the second year will be offered to provide an opportunity for reflection and conceptual refinement of the social reality of the criminal process. During the second year, students may deepen their understanding of legal doctrine by taking an upper-class seminar concerned with aspects of the criminal law. They may also begin a period of guided participation in simulated or live client representation in criminal matters. In the third year, students will be given the opportunity to apply their acquired conceptions and skills to an identified deficiency in the criminal justice system, either through senior seminars or independent studies. They will also take a second regularly offered upper-class seminar devoted to analysis of legal problems of the criminal process. The first cycle of the program consists of a formalization of the experience of the offered course in Criminal Procedure as a follow-up to the required course in Criminal Law offered in the first semester. In the fall semester, immediately following, students will be offered a seminar similar to that offered this fall which will focus on the experience of those who participated in the observation stage. Students will share their findings with others and attempt to reach a comprehensive understanding of the criminal justice system as it exists in the social context and reach for recommendations for reform that will be both realistic and effective. regularly the program. One or more faculty members will then set up meetings with all the students whose proposals survive thisinitial screening to suggest directions for revising proposals which will be resubmitted for final selection. We anticipate that the final selectionof projects will be made before the middleof March, at which time thosestudents whose projects have been funded will be expected to attend a continued series of not-forxredit meetings, receiving instruction in the methodologies of .:3ld research. During this period, negotiations for specific access should be completed and research designs perfected so that, after a NON-COURSE OFFERINGS brief period of respite following final The organizing focus for nonxourse examinations in May, students will be offerings will be the summer period of prepared to begin field work at the observation and research. No later than the beginning of June. As in any good research project opening of classes for the spring semester, students will be notified that funding for (whatever the subsequent focus of summer research is available. Students who inquiry), the first two to three weeks of have ideas for researchable topics and field the research period will consist of meetings will be invited to propose topics familiarization with the field setting. This for study on their own initiative. In consists of essentially ethnographic addition, we are meeting with persons observation of the activities, social working in the criminal justice area to organization, conceptual framework, and specific language of people who live in the social milieu which is being studied. Thisis a necessary preliminary for any research ranging from controlled experimentation to continued ethno-linguisticstudy. During the summer, weekly project meetings will be held, at which time we Twenty Fellowships of SIOOO each will be available to will give further instruction in research students for field research and observation on the Criminal Process methods, and begin instruction on data during the summer of 1976. Preference will be given to first-year analysis and presentation so that the fall students, but second-year students with strong interests in this field course may be devoted exclusively to are encouraged to apply. considering student findings, models of the Recipients will be expected to enroll in the Perspectives on the criminal process, prospects forreform, and Criminal Process course offered in the spring of 1976, and Research processes of policy formulation and on Criminal Process seminar offered in the fall of 1976. implementation. Faculty members with Proposals are due by February 5, 1976 and awards will be expertise, in field research methods will be announced on March I, 1976. Students who wish to apply for available for consultation throughout the Fellowships may discuss their ideas with Carl Hosticka (Room 518) summer research period. The fall semester at any time. Instruction on methods of field research will be seminar will follow the outlines of that offered to recipients following the announcement of awards. being presently offered with the exception that data analysis and computer usage will past year with an addition of a course on identify subjects which we and they feel not be included, having been offered Perspectives on the Criminal Process. Some may be appropriate for student research during the summer. changes in the liming of processes are and helpful to policy makers, We will offer proposed to provide for greater lead time these subjects and suggested research topics LATER STAGES OF THE PROGRAM in the formulation of proposals, the to students who might be interested in negotiation of access, and the preparation participating in the program, but who have In addition to upperxiass seminars of students in research methodology. The not clearly formulated a subject ofresearch which deal with aspects of the criminal courses described below will be offered as a concern. process, we will propose ways in which package with the expectation that students Beginning at the start of the spring students may get experience as active entering the program commit themselves to semester, we will hold a series of participants in the criminal process, both taking the full sequence. In addition, not-for-credit meetings at which faculty through clinical experience as legal students will be offered the opportunity to members and persons knowledgeable about practitioners and through efforts to participate in non-course experiences, the criminal justice system in Western New introduce policy change in the criminal primarily a summer devoted to observation York will discuss the functioning of the area. The details of these effortshave not and research into the criminal process. The system, highlighting areas of concern which yet been worked out, pending resolution of proposal can thus be divided into two might form the basis of research projects. several issues with the clinical program; and portions, (a) formal courses, and (b) We will also discuss the summer program, pending a determinaiton whether student non-course offerings. Any student not in .utilizing the proposal process, the criteria projects may yield recommendations for theprbgram will probably be' able to for the selection of projects to be funded, reform that can be pursued within existing register for individual courses of interest.. and suggested formats for submitting institutional constraints. As theseissues are proposals. resolved, we will submit a proposal for the COURSES All students who desire to participate in latter phases of the Criminal Justice the summer's activities will have to submit Specialists program. Beginning in the spring senlester of their a proposal by the middle of February, first year, students will be offered a course 1976, outlining their interests and The box insert gives more information on Perspectives of the Criminal Process proposed topics for observation and on the schedule of the progarm, plus which will deal with a description and research. A faculty committee will meet to requirements for Further entry. analysis of the criminal process in its social review these proposals, rejecting any that information is available from Mr. Hosticka are clearly incongruent with the focus of in Room 518. context. In addition, students may take the . Fellowships for Summer Research Our Grade Reports on SLF courses were confused. Each line of Grades was shifted one row up. To get the correct reading, please adjust lines accordingly. �November 20,1975' OPINION 8 Reflctions on Abortion by Hoawrd Stirling Copyright© 1975 Abortion has always been with us and probably will always continue to be with us. Intertwined in abortion are legal, medical and moral considerations, from both an individual and societal vantage point. Thisarticle will begin where the recent SUNY at Buffalo Abortion Symposium left off, and will attempt to explore the moral arguments made surrounding abortion, ending with a practical approach to solving the moral dilemmas involved. throughout the Indeed, centuries, the legality of abortion has been a function of the moral beliefs and medical technology of the society then in existence. Thus, in the nineteenth century, as the medical profession organized itself, it determined that preserving all life was the profession's moral obligation, and in the context of a medical technology that had no antiseptic surgery nor any antibiotics, there could be no choice but for doctors to actively promote restrictive anti-abortion laws which resulted in the passage of anti-abortion statutes throughout the land. During this century, medical technology has advanced to the point where abortion is safer than childbirth. Historical research has additionally disclosed that the medical profession's ethic of saving all life, including a fetus', originates with a fewof the followers of Hippocrates ("nor shall I procureany woman pessary for abortion"), and that even in ancient Greece many in the medical profession favored the right to abortion. Therefore, currently, the balance in this has and shifted, society functionally the law sine/Joe v. Wade reflects this, by now permitting abortion. Thus on closer inspection, there may exist a prevailing view on abortion, but there will always be a minority strongly dissenting. Therefore even after Roe v. Wade was decided, the controversy rages unabated. As Justice Rehnquist said, "Even today when society's views on abortion are changing, the very existenceof the debateis evidence that the "right" to an abortion is not so universally accepted as [Roe v. Wade] would have us believe." As a result therefore, there may never be a satisfactory answer to the abortion issue. Furthermore, the more one looks at the complex multifaceted parameters involved from -the in abortion sophisticated mora! arguments made to the technical medical literature available the more one Is left heavily laden with doubts, and as such, is very apt to - — respond by allowing pre-existing biases to resolve the issues, thereby dispensing with the original need to examine the issue carefully. Dr. Bernard Nathanson has expressed that accurately somewhere between the opposed camps and their bandwagon of slogans lies the agonizing truth that "we are taking life, and the deliberate taking of life, even ofa special order and under special circumstances, is an inexpressably serious matter." Indeed, as far back as 1871, the A.M.A.'s Committee on Criminal Abortion recognized, "We had to deal with human life. In a matter of less importance we could entertain no compromise. An honest judge on the bench would call things by their proper names. We could do no less." For it cannot be denied that even by the strict Havard Death Committee's criteria of death, a fetus is not a dead thing, but is quite alive, in that it responds to pain, has deep reflexes, moves spontaneously, and has EEG wave activity. Accepting then the cold proposition that abortion is the taking of potential human life, the question remains whether abortion is morally justifiable or Nuclear Power Environmental Impact Questioned MARVIN RESNIKOFF SPEAKS ON THE WEST VALLEY NUCLEAR REPROCESSING PLANT CONTROVERSY Tuesday, October 21, Marvin Resnikoff, a physicist working as a full-time staff person with the New York Public Interest Research Group (NYPIRG), spoke at the Law School on the current status of Nuclear Fuel Services (NFS), the world's first commercial nuclear reprocessing plant, which is located in West Valley, New York, (about 30 miles from Buffalo). NFS, a subsidiary of the Getty Oil Company, accepts wastes from nuclear reactos and separates the useful uranium and plutonium from other fission products, supposedly for reuse. The facility closed down in 1972 to expand its operations. It has applied to the Federal Nuclear Regulation Commission (NRC) both for a full-term 40 year operating lease and for permission to expand capacity by 250 percent. By law, hearings must be held before the NRC before such permission is granted. Mr. Resnikoff has represented teh Sierra Club, the first intervenor in the hearings, since April 1974. The Sierra Clubintervened because it feels that the plant poses significant hazards to both its workers and the surrounding environment. The Club was the first to document instances of a lack of worker safety precautions and uncovered the questionable practice of bussing 18 year olds to the plant. These teenagers worked for a week-end, often with no safety preparation, received high radiation doses, and then were released by plant officials. The Sierra Club also contends that the plant poses hazards to the surrounding air, land, and water by discharging radioactive liquids and gases. At the Club's instigation, the State Attorney General'sOffice, the State Department of EnvironmentalConservation,and the Erie County government have also intervened in the hearings. Several crucial hearings will be held in the future, according crucial one in today's society, if society is to keep its values, summer, the State Department of Environmental Conservation (DEC) denied NFS a liquid discharge permit for both the present and the proposed enlarged NFS facility. According to the State, reasonable assurances could not be provided that state and federal water quality standards could be maintained. NFS has appealed this denial, and hearings will take place this December before the Judge pledged to speak out publicly on issues that are importantand warrant discussion. The law must be sensitive to the needs of the society, to legal values, or it will be unduly subjected to pressures from outside Federal Water Pollution Control Act states that NFS cannot obtain any federal license or construction permit. This would, in effect, put the company out of business - skinner of years. The hearing before the NRC will decide how to solidify the materials and remove them from New York State. The hearings will also explore the environmental consequences and the costs of this operation, which may run over $54 million, according to Resnikoff. The question of who picks up the tab NFS, the state, or the federal government remains unsettled. As might be expected, everyone is — — disclaiming responsibility. The construction permit hearing will not take place this fall, when it was originally scheduled, so that the NRC will have more time to consider the more general question of whether it is safe to recycle Plutonium. A determination of this question was made necessary by the decision of the Federal Council on Environmental Quality that the NRC "environmental impact statement" did not adequately deal with the issue of the safety of plutonium, including importantquestions of societal impact (e.g. the social ramifications of the presence of armed guards at nuclearpower plants, or submitting reactor employees toHe detector tests to make sure that no plutonium leaves the facility, etc). If the NRC decides that plutonium use is unsafe, there would be no need for NFS sinceits prime function is extracting plutonium from the spent fuel rods transported from reactors around the country. A decision on this general question relating to the toxicity and safeguards for plutonium will not be forthcoming until 1978, and the NFS construction permit hearings would probably proceed after that time. Anyone having further questions about NFS should contact Anou.c. expected hearing concerns the high-level waste tanks. The Marvin Resnikoff at his NYPIRG office in Norton Hall (831-2715), and high-level wastes (such as strontium, cesium, and ruthenium), primarily should also contact the EnvironmentalLaw Society regarding specific the products of the fission process, are presently being stored in large projects. tanks on the premises in West Valley. The tankshave an average useful life for 43 years, but the wastes will remain toxic for tens ofthousands submitted by theEnvironmentalLaw Society not. pro-abortionists The persuasively argue that abortion is morally justifiable because through it untold women save the agony of bearing unwanted children. From another perspective, abortion is a right, a moral right as a woman to control her own body the way she wants (as she does in other medical procedures). Furthermore, on humanitarian grounds, it is the quality of life that predominates, and to bear unwanted babies will only further increase the incidence of battered and/or functionally retarded children in this country. The anti-abortion response on a moral plane is also clear and emphatic. Abortion is the taking of life or it is not; if it is, simply stated, abortion is not justifiable. Abortion is not morally justifiable because (I) it is wrong to kill, period, and (2) no one should be qualified to determine the fate of a living being. Logically the moral right to life lays the foundation for all other constitutional rights. Therefore, "those whoargue for the unborn's right to life are arguing not only for the right to life of the unborn, but for the right to life of all" including the mentally ill, the genetically imperfect, and even the unresponsive comatose. Seen in this framework, the mother's moral right to control her own body bows before the sanctity of another's equally valid right to life. Furthermore, the quality of life can have no meaning unless life already existing is allowed to continue to exist, because quality of life cannot exist apart from a strict moral adherence to the sanctity of life itself. The failure to respect the moral claim of theright of life of a fetus debases the very essence of our humanity." In this light abortion differs from all other medical procedures, in that it alone demands the death of 'another, and as such is unacceptable. As well, the unwanted child argument and the resulting increase in population argument are being politically manipulated by the pro-abortionist to exploit the over population problem. The solution lies not in reducing the number of people, but in reducing the number of problems. Thus, if a woman bears a child against her will, then society must act responsibly and provide that child with The loving parents. alternative of actively reducing the number of people by abortion, constitutes condoning — genocide. If these moral arguments seem inseparable political from positions, and merely serve to couch the biases of both sides in more palatable moral sounding terms, one is probably correct. One is also correct in observing then that there can be no moral answer. However, this does not -continued on page twelve �November 20,1975 OPINION 9 Fee Controversy to End With Next Week's Referendum , by Cathy Novack negative result of mandatory fees is that all budgetary allocations and expenditures are subject to University On Monday and Tuesday, November 24 and 25, the approval through the Office of Student Affairs before any SBA will conduct a referendum to determine the law monies can be expended. school's policy on the student activity fee for the next four years. This is really a major issue and much information needs to be communicated so that each of VOLUNTARY FEE -While Ac removes University you can vote out of conviction rather than rumor. control over our budget, it alsosystem effectively eliminates our Consequently, this article may be a bit long and even budget. A Voluntary Fee is in essence a zero fee, since tediousbut as your Treasurer I feel obligated to pass on all even if the University were to includeit on the tuition bill, theinformation I have to you, so please read on! there are no sanctions or penalties for nonpayment According to the SUNY Board of Trustee Rules and Consequently, no budget could realistically be planned, Regulations, Sect. 302.14, a referendum must be held since there would be no accurate way of predicting how every four years to determine the policy on student fees many people would pay a voluntary fee. for the next four years. Such a referendum was to have The issue thenboils down to whether or not you, the been conducted last year, but the University had it student body, want law related activities continued. The postponed until this year. Thus, for the past five years, the best way can think of to evaluate this question is to I law school has had a $15.00 per semester mandatory fee. review what you get for your money and the best way to The required referendum is not on the amount of the fee, accomplish this is to set out this year's budget [see box, but whether it is to be Voluntary or Mandatory. Since we below]. now have a mandatory fee, let's first discuss exactly what As I had pointed out in a past column, this year's budget reflects various cuts from last year such as thisentails. OPINION being cut from 13 to 12 issues, Conventions MANDATORY FEE most important is the fact that the from a $500 maximum to $300, etc. If ttie mandatory fee University, through the Bursar's Office, collects this fee by is voted to be continued, a question arises as to what including it in the tuition bill. This insures the fee being amount the fee should be. Having gone through budget paid (unless waived) since the University can use its full hearings and justhaving a general awareness of the effects sanctioning powers when bills are outstanding. This then of inflation, the fact is that $15 does not buy whatit used guarantees the SBA an annual workable budget. The to. - ACCOUNT AMOUNT EXPLANATION SBA Orientation $900 Graduation $500 for first-year people totally funded through SBA funds to have a separate law graduation last year we made an initial allocation of $400 and made a supplemental allocation of $800. The administration and alumni also contributed to this activity Sub Board I,our fiduciary agents, charge 5% for each check written Disbursing Fee - $1207.14 Sub Board Allocation $1000.00 Athletic Fee $1200 Athletic Equipment $50.00 Phones Supplies Executive Secretary Abortion Symposium Social Comm. Parties $2250.00 45.00 725.00 $500 $500 Happy Hours Org. II. Somen's Law Assn. V etc. night meetings, etc. Now, as in the past, typing is done by office secretaries, but we're in the process of obtaining a part-time person through work study to be in the SBA office as secretary l-unds ot up to $50 are available to groups for holding a reception open to all students after a specific function e.g., Law Women had a reception last year for Flo Kennedy after her DVF Int'l Women's Year Social '75-'75 Expense $100 $500 For Band & Dance (partial funding) The budget year runs from 9/1 through 8/31 and sinceauditors insist the present budget can not fund past expenses, a line is always needed for bills that do not arrive during the budget year. Off! Sup. $100 Phone Convention $10 $15 $200 Community $100 Seminar Partial carry-over fronT '75-75 funds Minority Symposium (encumbered) Phone Postage $20 $15 $50 Off. Sup. Phone Honoraria $20 $.15 $2000 Travel/ $1200 Off. Sup. Convention $20 $15 $300 Gay Law Off. Sup. Phone $20 $10 Int'l Law Off. Sup. $20 $15 $157.50 $15.00 $75 Oist. Vis. Forum General supplies, e.g., paper, . Phone Phone Convention Dues(Wld) Jessup Moot Ct. L5CRRC Nat'l Dues $15.00 Off. Sup. Phone Print/Pub $20 $15 $50 Convention $200 Off. Sud. $20 for Symp. Moot Ct. Print Payment to speakers for giving lectures usually there are about 3 to 4 here outside speakers each month of the average honorarium is school year - — Often a guest lecturer is reimbursed for his/her travel; this also averages out to NLG Briefs $100 Barristers $30 Plus $95 was encumbered for the '74-75 budget so this group could send one person to an AI.I-ABA sponsored program in Wash. O.C. this year which has a $250 registration fee, since this group has spent none of the $160 allocated in '74-75 because there were no programs they felt would be beneficial to their concerns. Wash., D.C., A.S.I.L.S. Annual Meeting This competition run Jointly with Moot Court, is specifically In area of Int'l Law and affords help w/travel & printing costs Symposium planned Bussing in Buffalo for 1976 on issue of Appl. Orderof Travel, Meals, etc. $500 Nat'l Dues $50 Off. Sup. Phone $20 $15 $300 Convention Annual National Meeting held In Atlanta In 1975, location for '76 still unknown Run with Legal Aid to provide legal information on rights & remedies. The $50 allocated In 74-75 which was never spent was encumbered and carried over for '75-76. $100 Env. Law Society stamps,, clips, etc. For long distance calls over full year Annual meeting of Nat'l Women's Group (Phil., Pa.) Funding based on one representative and funds round trip air transportation, meals and lodging, ground trans. & registration, up to a maximum of $300. Women's newsletter to be distributed to all students. To recruit black students to SUNYAB Law School through mail and direct contacts at various undergraduate schools $100. appearance. Usually end of year, spring outdoor gathering Newsletter EXPLANATION $200 semester $125.00 $15 $176.74 AMOUNT One-time expense Picnics Phone ACCOUNT Off. Sup. Buffalo Leg. Proj. General supplies Kind of a catch-all, funds ABA-LSD expenses and travel plus food for late - $20 funds, I think thateach person receives the indirect benefit obtained from the enhancement of the school's reputation. Through many, in fact most, of our activities, the name of Buffalo Law School gets known, and the programs availablehere get some publicity. In my opinion, a vote for voluntary/no fees will cost you more in the long run than it mitfit save you during your law school career. Whatever yourdecision, makeit known. BE SURE TO VOTE!!! Food funds the large outside party each Off. Sup. In summary, I would just like to say thatwhile many people may not partake in the various activities SBA $125. $300 Equipment rental costs for all groups Funds functions in school, usually held Wed. & Fri. afternoons. $300/ - Nat'l Dues Recruitment except Opinion $500 Plinctions Convention 9ALSA Each Sub Board member group contributes funds for Sub Board's activities which include The Spectrum, the Pharmacy, etc. Covers law student use of University facilities, e.g., Clark Gym, the Bubble E.g., basketballs, ping-pong equipment, $2,100 +750 Wine&Cheese GROUP — ... Where Your $15 Goes jGROUP Actually, the past two years' activities have been increased by spending carry-over monies that had accumulated over prior years. In a sense, we were living off the fat of the land getting what we had never paid for. Thus, for example, last year we funded $1,500* for advertisements for a placement director and the year before we allocated some $2,200 or so for the printing of placement brochures. Also, the number of special interest groups have increased; just last year the Women's Prison Project and the Jewish Law Students Association were each funded for the first time. To maintain the current level of activity will simply require more than $15 per semester. Even the cost of the parties keeps rising as more people participate the Spring '75 party had less than 300 in attendance, the recent Fall 75 party drew over 450. That's the reason the party line has been increased by $750. To get your input, we have a second part to the referendum concerning maintaining or increasing the fee. - Allocations of $700 same as in '75-75 The Board makes the breakdown allocations At time of budget planning the exact location for the 76 national meeting only known to be 'out on the west coast' thus maximum funds were allocated. — continuedon page thirteen �November 20,1975 OPINION 10 JLSA: Lectures on Talmudic Law by Usher Fogel In furtherence of its policy to provide law students with an insight into the realm of Jewish Law and legal institutions, the Jewish Law Students Association has, for the past two semesters, sponsored a Talmudic Law Series. The Series consists of a weekly credit-free course taught at the law school. Each week a different area of Talmudic Law,is taught and discussed, bringing to light the principles of an age-old legal system and its relevance to present day law. Courses taught have included portions of family law, torts, criminal law, "fifth amendment" and the laws of war. The Talmud represents the compendium of all matters of Jewish Law, and these classes, of necessity, only touch upon issues that can be covered in greater detail. The classes are taughtby Rabbi H. Greenburg. Educated in New York and Paris, he was ordained as a Rabbi and Rabbinic Judge at Tomchei Central Yeshiva Tmimim. While still at the Yeshiva, Rabbi Greenburg was chosen with Rabbi Gurary (of Chabad House) to lecture on Talmudic Law and Chassidic philosophy. Immediately before coming to Buffalo in 1972 Rabbi Greenburg spent two years in Melbourne, Australia establishing the Rabbinical College of Australiaand New Zealand. Rabbi Greenburg expounds on the Talmudic text itself and upon its interpretation and meaning as developed by the Talmudic Commentaries, written over the past one thousandyears. All law students and faculty are welcome to attend this series. The classes are generally held each Wednesday 3:30. at Announcements are posted each week as to details. Those who choose to attend will find the class quite rewarding. Sybil (Porseidyr) RIDE WANTED to and from Brooklyn for Thanksgiving. Will share expenses. Call Rochelle 838-1681. - Only four weeks BIGFOOT left! Love, Mad. Ass. Ask Mr. Dean... Dear John, Whatever happened to Justice? Me and the persons were sitting around the bar, drinking some Tom and Judy Collins the other day. When all of sudden like a bat out of hell, thisperson comes running into the place yelling Charlie Manson is the ProximateCause: runs off half-naked leaving us just open-mouthed! By the time I got back to the film it was lunchtime. I had an appointment with a client, name of McGee. Seems he did this surgical operation and gave some guy a "hairy hand." Well, I figured out the cost of blades, shaving cream, and a razor, even threw in some barber fees for a sixty year period. The jury wouldn't buy it. The Doc's not a bad guy though. Not bitter at all. Seems I've got this scar on my hand, and he assures me that with a little skin graft, I'll be good as new within three or four days. What do you think? classifieds halls of Justice, Justice is in the Halls." (It might have been John Lennon I can't quite remember.) Anyway, I'm glad youdidn't make any jokes about that Hairy Hand. Learned and Augusta roll over in their grave every time someone does. But on the other hand, ha! Seriously, I think you ought to have that operation done. It will probably be good background for your case! - . Dear John, FOR SALE: Snow Tires with size E7B-13. Good rims, condition. Best offer. 834-7540. FOR SALE: One Chemex Coffeemaker. Purchased for $18. Barely Asking used. $14, accessories included. Great for finals! Call Ken, 885-3211. Just thought I'd drop you a line. I think I've got my toughest case losing. No, really it's FOR ever! I'm going to try somethingradically new SALE: New Chrysler my new ZONE DEFENSE. I'll keep you posted on how it works. In-Dash Radio. Suitable for Dart, Flea Bailey Duster, etc. Call Stu at 837-7055. Dear Flea, Send my regards to Glenn Turner one time, and lots of luck. An. at Law f.D. REMEMBER: Send for my new Booklet: Mr. Dean's Tips on Testifying Before Senate Subcommittees (including the Big TV Smile). Dear Sybil, Justice is Dead! They're taking the blindfold off next week. Most of us here have had our suspicions all along that she'd been peeking. I think it was that Great American William Buckley who said, "In the Send your letters to: Tips for YoungAttorneys, c/o OPINION. WOULDN'T YOU RATHER PASS THE BAR EXAM THE FIRST TIME? Let the oldest and MOST EXPERIENCED BAR REVIEW COURSE in the State of New York BE YOUR CHOICE MARINO - BAR REVIEW COURSE, Inc. Actaiinistrative Office/ 53 Hilton Avenue, Garden City, N.Y. 11530/ Telephone 516-248-3995 Our total price of $250 includes everything 1 Immediate receipt of book and materials upon registration 2 Option to take all or any part of the winter course FREE, if enrolling for July review 3i Four-session Problem Integration review, devoted solely to teaching students how to answer Bar Exam essays 4 Three MINI BAR EXAMS, given LIVE, last three days of course, 8 hours per session, with LIVE question and answer review (otherwise available separately for $75) 5 Periodic LIVE question and answer sessions throughout course 6 Model BAR EXAM BOOK, with answers Marino has passed approximately 90% offirst time exam takers over the past 30 years! To register or for more information—Call or write: MARINO to Garden City, N.Y. or School Representatives at 885-3211 �November 20, 1975 OPINION 11 CARLISLE ON JOBS: 1. How is the job market forlaw school graduates? It's not good! There are large numbers of young lawyers entering the market and most of them are seeking employment with established firms, government agencies or corporate legal staffs. Very few young lawyers immediately enter private practice on their own. Employers are inundated with resumes and requests for interviews from law students. It is difficult for the employer to spend the time to fairly review each resume; therefore students are often not given the opportunity to be fully considered by a firm unless the student is able to convince the prospective employer that he or she has a background which will be of particular use to the employer. In addition we are in the midst of what many observers characterize as an economic depression. Consequently some of the job openingsnormally available as a result of an expected turnover in government agencies and law firms do not exist. Lawyers are waiting for a better time to leave secure jobs. , 2. How do you see Buffalo graduatesdoing with respect to the job market? Our graduates should generally dobetter than those at most other law schools. Recent statistics indicate that we placed 92 percent of our 1974 graduates. We do not have the 1975 statistics yet because many of our students did not find positions until after taking thebar exam. suspect I that the 1975 statistics will indicate that the majority of our students have positions. The 1976 class will be larger than previous classes and each student will have to devote a greater portion of his or her time to looking for a position. 3. Many of our students state that they have not yet found legal positions. What does this mean? There has been an inordinate emphasis on finding a legal position as early as possible. I personally know of third year students who have accepted clerkships on the federal and state level, government positions and associate positions with large and small firms in -Buffalo and elsewhere including several large firms in New York City. Nevertheless it appears to me as though the majority of third year students at all law schools traditionally do not obtain positions until late in the second semester. Large law firms, who proportionally employ a small number of lawyers in comparison to attorneys in private practice, have usually completed their recruiting by December 15. Likewise most federal government agencies will have made their selections no later than January 15. This is due to the obvious fact that large firms and agencies recruit on an annual and regular basis which allows or forces them to complete the selection process early. Local government agencies, corporate legal departmentsand small to medium sized law firms will continue recruiting. Often the small or medium firm will have onlyrecently hired an associate and must await the inevitable turnover which will provide a new opening for a law school graduate. This means that many of our students will not find positions until the late spring or summer of 1976. 7t; ■<--■. 4. What do you mean by late spring or summer of 1976? If this is true why are students being encouraged to look for jobsnow? Most small and medium sized firms have just recently hired associates. It will take anywhere from 6 to 12 months to determine whether new associates will (1) remain with a firm and ultimately seek partnership; (2) leave the firm for better opportunities or for a change of atmosphere or (3) leave the firm at the request of the firm. In the event of the first alternative it is likely that when a young associate does well enough to move towards partnership that someone will eventually have to be hired to replace him. That is how a law firm grows. In the event of the second or third alternative a new position will automatically become open. Insofar as the second part of your question is concerned it is essential for all students to commence participation lin the job process as early as possible during their third year. Not only does one learn about the market and about himself or herself during this process but the student becomes visable to potential hiring employers. In other words when a position suddenly becomes open in February, March, April, May or thereafter the employer often does not have the time to advertise it in detail, to come to the law school to conduct lengthy interviews or to otherwise spend a great deal of time finding a young lawyer. The employer. will often select someone from those students he has already talked to and who the employer believes will adequately fill the position. Therefore third yeard students should get to know some lawyers and become as visible as possible. I can't overemphasize how important this is. An interview doesn't always have to be for a specific opening with a firm. It may be solely for the purpose of discussing one's career interests or for an anticipated opening. 5. How importantare grades and classstanding in finding a job? This law school is committed to a policy of not revealing class standing. The grading system used at Buffalo makes it difficult if not impossible to determine anything more than where one stands percentage wise in his or her class. In other words one can conceivably determine if he stands in the top 10%or top 50% etc. This type of information can be volunteeredby the student. All firms, agencies and other employers who visit or contact the law school are informed that interviews here are conducted primarily on a first come first basis. We do not give out any information which would favor one student over another student insofar as interviews are concerned. Interestingly enough some large law firms will collect resumes and then select thosestudents they want to see at the firm. Concern by employers for class approximations and grades result primarily from the fact that employers invest money, time and emotions in a young associate. I've been involved in the process as an associate and as an employer. To maximize the risk of selecting someone who will perform as expected, a hiring partner will often seek to find a young lawyer whose background (grades, activities, writing ability etc.) indicate that the young lawyer will satisfy the firm. The truth of the mailer is that there are so many people seeking jobs and the employer has so little time to fully examine each applicant that the tendency is to give interviews only to thosestudents who the employer believes will do well. It is a bizzare and difficult process , which definitely needs improvement. This is the main reason I have had career counseling interviews with approximately 200 students. Together we can use the process to our advantage. 6. How does one get an interview? Many students claim that they send out hundreds of resumes and get only a few invitations to interview. The primary prupose of a resume and cover letter to a prospective employer is to obtain an interview. Practicing attorneys are overwhelmed with resumes and therefore spend only a brief period of time reviewing each resume. Often a resume which would normally earn one interview is not even looked at and a student is automatically sent a rejection letter. It is therefore essential to construct a resume in a manner designed to attract the desired response. I have spoken to almost 200 students and have made significant changes, additions, deletions and modifications in the draft resumes I've seen. We have an excellent model resume on display in the Placement Office and I am willing to speak to as many students as possible regarding their career interests and how to construct a resume and cover letter. I will also be conducting seminar meetings on this point and urge all students to attend. 7. Why don't we have more on campus interviews? We have had a number of law firms, government agencies, corporate legal departments and other related employers on campus at the law school to conduct interviews. Most of the students I have spoken with are satisfied with such interviews. Obviously a law school can never have enough on campus interviews. We must have more and I am committed to doing whatever is necessary to encourage more on campus interviews. Unfortunately, from a placement viewpoint, the law schoolis involved in a transitional phase whereby what was once a small local law school is now a large national law school. We realize this but many employers do hot and until such time as we are able to adequately publicize the same we will not attract large numbers of recruiters. I am already involved in speaking with employers in New York City, Washington, D.C., California, Arizona, Chicago, Detroit, Cleveland, Pittsburgh and elsewhereand I hope that we will be able to solve the problem to some extent by the fall of 1976. Insofar as Buffalo firms are concerned many firms just prefer to have students come to the firms to interview instead of participating in our interviewing program at the law school. To change this will require an effort on our part to prove to the firms that their needs can best be fulfilled by coming to the law school. I have been meeting with partners from several large and medium sized firms and as I continue to do so I hope that we can encourage more of them to visit the law school and to conduct interviewshere. 8. How can our students obtain jobs in Washington,D.C. and New York City? You are probably aware of the fact that already a number of our students have obtained positions in Washington, D.C. and New York City. I recently spent several days in Washington speaking withassociate general counsels from a number of large government agencies and their response to Buffalo Law School was excellent. We have posted notices asking students to send resumes to specific individuals in government agencies who will be most likely to assist the student. In addition we had an alumni party in Washington which was attended by approximately twenty five people. Dean Schwartz spoke and everyone had a pleasant time. Each of the alumni present informed me that they were wilting to become involved in placement and alumni affairs. This is the beginning of the kind of alumni participation that will yield dividends insofar as placement is concerned. With respect to New York City, I spent a week in the City speaking with law firms, government agencies and various other prospective employers. While some of our students have found positions with New York firms many have been unable to obtain interviews. Clearly the large New York firms must become aware of our law school and the high quality of legal education available here before they begin to respond as they should to inquiries by our students. To some extent my metetings with thirteen name firms have helped to change our image. In fact students who were unable to obtain interviews with New York firms have recently been doing so. It is my hope that as these students obtain legal positions and as thelaw school becomes better known the prospects for working in New York will increase. You should note that I have already had two seminar meetings for students interested ingoing to New York. At the meetings we discuss what can be done to obtain summer and permanent employment. Notices of the meetings are placed on bulletin boards near the Placement Office at least one week prior to the . meeting. 9. Speaking of the law school's image exactly how good is it insofar as placement of our graduates is concerned? Our image is not as good as it will ultimately be but it is also not as bad as many of our students seem to thinkit is. One of our good students was interviewing in New York City and complained to me that the law school was not known there. Ironically enough the partner conducting the interview, who knows a lot about the law school, telephoned me to inquire as to why the student was so defensive about SUNYLaw School. One can always accent the negative and overlook the positive. When I was in Washington one associate general counsel of a large agency thought that SUNY Law School was a branch of N.Y.U. but in New York City a well known and prominent lawyer, who had attended a judicial conference of the second circuit with Dean Schwartz, seemed to be very impressed with our law school. Of equal interest is the fact that I received a letter from a federal court judge in California whom I had met at a seminar on the new federal rules and who I had contacted regarding clerkship opportunities. The judge informed me that I didn't have to tell him anything about the "Buffalo Law School as one of your graduates had clerked for me in 1971 and done an excellent job." We will continue to publicize the law school by having alumni gatherings, distributing literature, writing letters, visiting law firms and government agencies, using the telephone, etc, but the best advertisement for the law school is its students. The extent to which our students understate the excellence of their academic experience here they will suffer accordingly insofar as our image is concerned. TO. What is the placement office doing about clerkship opportunities with judges? You may be aware of the fact that I personally -continued on page fourteen �November 20, 1975 OPINION 12 BOOK CHASE It is a cold and gray November "What son?" "This is Mr. Beaver whose little a young law student on his* way problem we shall be working on up to the tenth floor of Baldi together." Hall. That can mean only one "Oh, elementary, Mr. dear thing this young man is going to Mandamus." Mandamus, W. see After Mr. Beaver fills the two Attorney-//?-Law, Room 1024. top flight investigators in on a few The young gent is nervous, but more details,he is dismissed. determined, as he knocks on that "Oh, Mr. Beaver?" revered door. "Yes, Dr. Whatson." "Come In!" "What is your first name?" "Hello,I mean, Goodmorning Sir, "Igor, Sir." Mr. Mandamus. I am Mr. Beaver." "Igor, very well. Good day Mr. "Goodmorning, Mr. Beaver." Beaver." "This certainly is a jim-dandy "Good day, sirs." office you have here. Those gray The two men are now alone walls are exquisite. And your gray and spend considerable time desk matches so perfectly not reminiscing about past adventures. to mention your gray concrete "Enough chit-chat about the past. floor. I suppose you will be Let us plan our strategy for the getting the rest of your furniture present matters at hand." shortly?" "I quite agree, Mandamus. These "No, this is the way it has been Horn books you mentioned, of for the last ten years walls, desk what variety are they." and floor in early gray." "By jove, I forgot to ask the lad. "Oh, I see, very original! But, tell Let us assume trumpet." me, do you always wearthat gray "I thought the lad was more the suit with thegray pinstripes?" tuba type." "Why do you ask?" "Could well be, Dr. Whatson. Let "Well, I mean no disrespect sir us not quibble over details. There but it is rather difficult to see is work to be done. Beaver saidhe body with the gray spent most of his time in the your background and all." adjacent building O'Brien Hall "Did you come here merely to I believe." poke fun at me?" "Yes." "Why no sir! I need your "Let us see if those secret assistance desperately. Someone corridors really exist." has stolen my Horn books!" "What son?" "So what?" passageways "T hose secret need them. How else "1 will I between Baldi and O'Brien. Gee know what to say in class and whiz, I can't even remember there what wise questions to ask? How being an adjacent building. It has can I study for finals?" been a long time since I have been "Go out and buy new ones, or outside." read them in the Library." "What son?" "But not one underlineslike I do. "Oh, never mind. Let us just start Please, I need your help." at the basement and work our As fate would have it, at this way up. And stop calling me very moment, the office door son!" swung open. In the doorway Our heroes descend to the stood an impeccably dressed, tall, basement and wander around a thirty years the bit. stout man senior of Mr. Mandamus. He is "No one is around. Mandamus." greeted heartily by Mandamus. "Quite so." After the men have embracedand "All the doors are locked. But chatted a bit: there are signs of recent "Mr. Beaver, this is Dr. Whatson, habitation." and he is a sign from the stars." "Yes, I see. A gum wrapper,and a "1 shall take your case!" vending machine." "Oh, thank you." "Mandamus! Mandamus! Look "Dr. Whatson, thisis Mr. Beaver." -continued on page thirteen day in Buffalo. We can focus in on — — — — — - — Mitchell Lecture -continued from page one Anti-Intelligence Agent "The CIA as a Dangerous Institution" On Wednesday, November 12, Tim Butz spoke in the Moot Court Room. Tim Butz is a member of the three year old Organizing Committee for a Fifth Estate and a co-editor of the magazine COUNTERSPY. Both are sponsored by critics of intelligence agencies. The group is also publishing a manual in January which will outline the uses of intelligence in political work. He stressed that it's time for people to stop listening to media accounts of intelligence agencies "abuse of power;" that they should realize that theactivities of at least sixty-four U.S. agencies with intelligence capabilities are part of a systematic program, created by a long and deliberate work, which covers the whole range of civil procedure in the western world and socialist countries from a world-wide prespective. He is the President of the Association of 1 ta Man Comparative Law (since 1970), honorary member of the Instituto Latinoamericano de Derecho Procesal, and a member of various scholarly societies, including the Academy International of Comparative Law, the Association pour Internationale I'Enseignement dv Droit Compare, the Association Internationale dcs Sciences J uridiques, the Societe de Legislation Comparee, the British Institute of International Law, the American Academy of Political Science, the American Society for Political and Legal Philosophy, process as an extension of U.S. policies. Lawyers are not immune to the operations of any of these agencies simply because of their status in society. Especially when a client is controversial, or from any extreme of the political spectrum, the attorney should expect infiltration and buggings. The information gathered would serve a dual purpose: to collect intelligence information on those with the defense, and to neutralize the defense strategy. Examples he quoted were Gainesville, Wounded Knee, and the Attica trials. Mr. Butz urged that all lawyers and community activists should work to nullify intelligence operations, such as secret files, and strive to make public as much information as they possibly can. -csh Client Counseling Competition Once again, the Law Student Division of the American Bar Associaiton (ABA) is sponsoring a nationwide competition in client counseling. The competition, open to all students, will take place in an interview setting. Participating students will interview a "client" who has, or believes he has, a legal problem. The theme of the competition is "Contract Litigation and its Alternatives." The ABA Competition will begin on March 6, 1976 with regional contests. Regional winners will receive an award of $100, and go on to the Nationals, which will be held on March 27, 1976. The location of the host schools has not yet been determined. In order to determine who will represent UB in the ABA competition, an IN-House competition, similar to the one held last year, is being planned. This competition will be open to all students. The competition will be hald at the Law School on or about February 19-21,1976. In addition to selection for the ABA competition, prizes will be awarded. As in the past, we hope to offer both cash prizes and employment positions with local firms to the winners. The Competition tries to simulate a real law firm consultation as closely as possible. A typical client problem is selected and a person acting the role of the client is briefed on his or her part. Prior to the day of the actual Competition, students receive a very brief memo concerning the problem. ... English, German, French, and Science. An array of eminent Spanish various other international scholars are in universitiesand research institutes contributing to this monumental in New York, London, Paris, Berlin, Vienna, Prague, Budapest, Warsaw, Sofia, Teheran, Caracas, Bogota, Mexico City and elsewhere. Hehas acted as General Reporter at the VIIIth and IXth Congresses of the International Academy of Comparative Law (1970 and 1974) and at the 1971 Conference of the International Association of Legal Science (UNESCO). Since 1973, he has been co-director of a comparative research project on "Access to Justice" sponsored by the Ford Foundation. Cappelletti is the Mr. Chief-Editor of the Volume on and Evidence of the Procedure International Encyclopedia of Comparative Law, to be published in English under the auspices of UNESCO, the section of the International Associationof Legal Butz: This data is equivalent to what a secretary might be told when a client calls to make an appointment. The students are asked to prepare a preliminary memorandum based on the problem as it is understood. In the actual Competition, each student will be given approximately forty-five minutes to conduct an interview with the client. Students should be" prepared to obtain necessary information, answer questions, give legal advice, and recommend alternative courses of action to the client. The student will then be given 15-20 minutes in which to prepare a post-interview memorandum. The initial memorandum, interview, and final memorandum will all be scored and used to determine the winners. Local judges and private practitioners will observe the interviews and score the performance of the students. Although the ABA competition will involve a two-person team of lawyers, the I n-House Competition will be run on an individual basis; winners will make up the "team" for ABA purposes. Additional information for anyone interested in participating will be available following Christmas vacation. Watch for signs and additional articles in this paper. Questions about the competition can be answered by Norman Rosenberg (Room 520). In order that we may have some idea of how many students will be participating, please indicate your interest by signing up outside Room 619. Abortion -continued from page eight and the American Foreign Law Association. He acted as Consultant to the Italian Government for the reform of the procedure governing labor disputes in 1971-72, and as a Consultant to the Minister of Justice of the Republic of Columbia for the preparation of a new Code of Civil Procedure in 1969-70. In addition to numerous articles, and books such as udicial Review the in J Contemporary World and The Italian Legal System, Professor Cappelletti has published works worldwide in English, German, French, Italian and Spanish. PLEASE NOTE. Professor Mauro Cappelletti will be lecturing tonight, November 20 at 7:30 p.m. in the Moot Court Room, O'Brian Hall. The topic will be "Vhidicating the Public Interest through the Courts." Everyone is invited to attend. mean that abortion ... cannot be abortions, that transcends the legally justifiable. In fact it is moral dilemmas present and arguable that in the present inescapably leads to the position resulting moral stalemate, that legalor not, and moral or abortion must be allowed, because immoral, it is in society's best pluralistic society, our in one interest on balance to keep group cannot be permitted to abortion legalized. This is for impose its moral value of what's the safety of the many women right and wrong on another group. who will seek to have abortions, This may not be pleasing to and is quite logical, as the moral anti-abortionists, but the fact remains, consonant with our expanding notions of persona! privacy, that women must have the right to make this intimate decision for themselves. In this balancing process, to determine whether abortion is legally justifiable, the scales are further tipped in the direction of legality, by the Persuasive medicalevidence that actual childbirth entails much more morbidity and mortality thandoesany abortion. Furthermore from a purely utilitarian viewpoint, there is and always has been a demand for are undecidable. However this argument is too practical, directly and is attackable for abandoning all moral pretense. Yet, in its defense it may be noted that the argument's very practicality is its source of strength, especially in the current post Roe v. Wade society. It is clear that women want practical results and not moral dialectic. Or as Lord Macaghten cogently noted, "Thirsty folk want beer, not arguments cxplanantions." Seeauthor forreferences. �November 20,1975 OPINION 13 First Annual Book Chase... End of Year —continued frompage twelve straight ahead! The doors to the secret passageway have been left Awards of the word "We" from the - Const.Law 17, an intensive Laufer - The of the Miami branch of theBuffalo Law School. Louis DelCotto - His own game show called "What's Basis" in which section of the Internal Revenue Code. Janet Lindgren - A Grace Blumberg - A bottle of ERA Wade Newhouse - A course up with his Robert Season tickets to the Board of Directors of the Howard Mann analysis Joseph phrase We the People. opening contestants choose the wrong My Brooklyn accent. open. The concrete passageway looks rather foreboding. Do you suppose it is a trap?" "No. If it is, they are playingright into our hands. Besides, gray concrete is my favorite color." "Shall we venture on Dr. Whatson?" "After youMandamus." Look, Dr. Whatson, at this enclosure marked: Keep Out!" "Yes." "Ah Ha! And look to the right. Two secret doors." "Hmmm. I wonder to where they lead, Mandamus." "Indeed. Dr. Whatson, look at this, row upon row of exquisite lockers, probably with the enemy's secret papers contained therein. Don't you agree? I say, don't you agree? Dr. Whatson? Dr. Whatson, where are you? TO BE CONTINUED... 1. Will W. Mandamus findhis long timebosom buddy? 2. Will Igor Beaver get his Horn books back in time for finals? 3. And will he be able to wing it in class until then? Angus Black detergent. speed reading to keep speed speaking. Fleming - Dave Kochery Meetings — continued frompage A complete set of the West Hornbook Series. Adolph Homburger -A OPINION fellowship to Utah Law School to teach Utah practice. of N.Y.C. - The - certificate from Muck Motors. with Louis DelCotto and Meckler's - A bank Marjorie Girth J.A. Spanogle Where Your $15 Goes Washington Redskins. Trusteeship -- joint account $100 $500 Certiorari stamp collection. Puerto Rican Off. Sup. LSA Phone — of EvelKnievel. -A Evel Knievel - A of Robert Reis. Al Katz - A of bicentennial coveralls. Wenger(the guy) - A Xerox service Jean - The Red Schwatrz - An with Carlsle. Dan Gifford - A Volunteer. Robert Reis personally autographed picture Law Spouses personally autographed picture pair library Consiglio Women's Prison Project contract. Deanship. appointment Audrey Koscielniak - A balanced - A 25 hr. JLSA $175 75 $75 Mailing newsletter, etc. Printing of Orientation Food Svc. $50 For box lunches in scholarship program Off. Sup. Phone Postage $15 Crafts $ Off. Sup. Phone $20 $15 /fy_ A"\ _ i/%JP § "S" f"£/ \jj ■§/ "T" MS% /* t 10 To mail to prisoners To bring into prison Phil., Pa. - U.P. functions as a total publications service for students. Our services include typesetting, typing, creative graphics, personal design and printing. y*l UP resume service gives an individualized look to your resume by improving its appearance with professional typesetting, printing and graphic design. We can produce a completed resume in five days in time for interviews. Our average rate for 100 copies, two pages, is $27. S » Our holiday gift suggestions include: *** -J- jrJ j*~\ /« ill fill' \_/ I £. ' J $20 v-Press What's the University Press? £/ f JF f J 'Jj <fj f §-* i-S *£ M jr\ ' U,P is not up but the Universit - Christmas cardsletterheads and business cards — ,~~ orange and SUNYAB shirts at $2.50 personalized - yellow materials, newsletters, etc. Total Current Budget Projected Fee Income w/out waivers Current Unallocated Carryover day/8 day week. m*"\ $20 $jo budget. lA/ $ LS National PRLSA Annual Meeting Location as yet unknown Needed for program whereby PRLSA students aid defendants in Buffalo courts To fund mail and direct recruitment of Puerto Rican students from EAst coast colleges to SUNYAB Law School Off. Sup. Postage Info. Svc. HAPPY EVERYTHING TO EVERYBODY! £ & $5 Convention $176.74 jay Equip. & long dist. for year Service on IBM typewriter Covers 12 issues Covers mailing of subscriptions delivery here for 12 issues $20 Collision insurance. The telephone number of Dial a Joke. Scott and Cheryl (U.P.) $743 Convention Milton Kaplan Larry $4,383 photog. Pat Hollander A simulated pay check. Robert Gordon $20 $315 $90 Circula. A-gift Kenneth Joyce nine Off. Sup. Phone Equipmt. Printing t ~~ commemorative international women's year 1975 poster three colors, at $1.00 ~ milton rogovin's, buffalo calendar University Press, 361 Norton Hall, 831-4215/4305, open evenings, too. $26,690.12 $25,350.00 $ 7,702.29 �OPINION 14 November 20,1975 Carlisle on Jobs,.. continued from page eleven initiated contacts with over 100 federal court judges and with state judges on the highest courts of New York, Massachusetts, New Jersey,Californiaand New Mexico. To some extent the results have been gratifying. Many of the judges have expressed an interest in the SUNY Law School and have asked to receive resumes from our students. Some of our students have received clerkships and one student has accepted a position with a federal judge. It is clear to me that our students are not receiving enough clerkships. An opportunity to clerk for a judgeis a unique and worthwhile experience and we will do our best to assist third year students with this matter. Unfortunately most clerkship positions for the fall of 1976 have been filled. It is my hope that we can develop some form of a mechanism in the law school which will assist our students with obtaining clerkships for the fall of 1977. Although most large law schools have abandoned clerkship committees N.Y.U. has a modified committee which has been most successful in locating positions for their students. In any event, we shall be having clerkship seminars this spring where we will have sortie of our students who have obtained clerkships speaking. Perhaps we can have a few judgesand law clerksalso present. requests for part-time positions for second yearstudents. We post announcements of all such opportunities on the bulletin board. Highly paid summer positions are scarce; however, if one is primarily concerned with obtaining experience instead of high enumeration it is my feeling that many summer positions can be found. I have been The Buffalo Moot CourtNational Team, Dave Ferster, having seminars for second year students seeking employment in New York City and will do the same for Allan Mantel, and Gene Riebstein, placed third in the other students. thirteen school regional runoff for the Moot Court National Competition in Boston. In the first round, Buffalo was slated to meet the winner of a Cornell-Yale placement doing? What is the committee 12. matchup. In that round, Buffalo defeated Cornell, and On Tuesday evening, November 11, the Placement thereby elevated itself to the semi-finals. In a very close Committee met. We had a large turnout and established an decision, Syracuse edged out the Buffalo team, and met agenda for future meetings and the active participation Boston College in the finals. Boston College eventually thereto of each member. We will publicize the results of took topregional honors. Buffalo tied Boston College for the competition's best our efforts and I urge all students, particularly first and second year students, who have an interest in the brief on objective scores. However, in a decision smacking regionalism, the judges awarded best brief to Boston with committee O to join us. Our assignment list is available in the College based on subjective post facto criteria which are Placement Office. yet to be explained. This marks the second competition in a row in which 13. Will we have career seminars in the spring? Buffalo Law School has received top brief honors. The We will have as many career seminars as possible. other competition was the Tax Competition which was 11. Are there summer internships or clerkship Practicing lawyers in Buffalo and elsewhere will be invited held last spring. opportunities available for first and second yearstudents? to attend and anticipate having the type of program I which will be beneficial and informative to all of our From time to time the Placement Office receives students. Moot Court Nationals SBA Meeting By Dan Slade The regular weekly meeting of the SBA was called to order at 3:50 p.m., November 5, in room 108 of O'Brian Hall. The President reported that the New York Public Interest Research Group (NYPIRG) is contemplating opening a chapter at the law school. She also announced that in the immediate future, third year SBA directors will be appointed as co-chairpersons of the Graduation Committee. This is necessary due to the lack of voluntary participation on the part of the student body. The Treasurer announced that a first year director will be appointed budget the to committee at the next meeting. Under this report, Novack moved to allocate an additional $750 to the party line of the Social Committee, by seconded Solomon. The motion was passed after a lengthy discussion of ways to get the most out of funds allocated for parties. A suggestion that mixed drinksbe eliminated in favor of beer and wine at SBA sponsored functions was quashed as it was felt to be contrary to student preferences. The Treasurer also announced that the SBA was going to re-institute fee waivers. The administration requires that consideration be given to fee waiver requests and threatened to take over processing of these if the SBA did not act. Under old business President Roberts read a letter from Don Monacelli to the SBA. Mr. Monacelli requested that he be reconsidered for appointment to the Admissions Committee. He protested the lack of stated criteria to be used in evaluating an applicant's qualifications for such appointments and the absence of an adequate appeals process to review appointment decisions. Waters moved that MonacelM's appointment be reconsidered in light of these points raised by Monacelli, seconded by Zehler. *********************************************** * ___t £ * ** * "# * 2 I £ / f //iV � Vs~"K*7 \ o >>S_s__ /tv\ moved upon but that the motion for the reconsideration of an appointment already made was an inappropriate vehicle for such action as it would undermine all prior of the committee appointments made by the SBA. Under new business, Golden that motions to allocate funds be tabled for one week, secondedby Zehler. This motion was defeated, and accordingly, the main motion was tabled. Waters moved to adjourn, seconded by Zehler, motion carried. Ok. Club, funds for *^^A_ mU»I NORTON HALI s l* Univtril -of 3435 to allocate ******************#***#*****#*m Main Str_t 1 )l\ The motion was defeated, 5 for, 7 against, with 2 abstentions. The change to be madeavailable at the consensus seemed to be that circulation desk in the library, MonacelM's points were well taken seconded by Milstein. Davis and that they should'be acted moved to waive the requirement ' York at Buffalo Buffalo, N.Y. 14214 •*•* V' ■* 716 •31-2145/2146 •f * B # j. WHAT YOU GET FOR YOUR MEMBERSHIP: , \\ \_ .OBr.*''?, *BS't\ \X Nj' ' JS Two n'ghls (Mon. & Tues.) FREE skiing at Bluemont; Bus transportation included? Skiing from 7:00 p.m. 10:30p.m. One day FREE skiing at Holiday Valley -Wednesdays & Thursdays alternatel V- The free skiin8 is offered every week of the ski season. (Excluding holidays). You may ski asm many times as you wish. - # # * 2 MEMBERSHIPFEES: Full/Part-time undergrads of U/B Grad,Professional, MFC students (U/B) Staff, Faculty, Alumni (in Assn. and immediate families of all the above Alumni (not in Alumni Assn.) ***I*** ****************************** ************ 2 $40 + tax J45 + tax ABSOLUTELY NO MEMBERSHIP $53 +tax *********,Mt aK )K#)Ml ** I#. «.._?,_, BE TAKEN after ft NOVEMBER is, 1975 # WILL win $50 +tax *************** �November 20,1975 OPINION 15 ALUMNI LINE by Carl S. Heringer PLEASE REMEMBER TO VOTE IN NEXT WEEK'S FEE REFERENDUM, NOVEMBER 24 & 25 OPINION will return next semester but we need your help. Our publication schedule is still being formulated. To publish at all We're back! Sorry for the absence of Alumni Line in the recent past. As you may have noticed, Opinion is going through some changes, and some items have been getting misplaced in the shuffle. That will be changed, too. This column should be more than an obituary column,but we need your help. Remember, to continue receiving your copies of Opinion your dues to the Law Alumni Association ($lO/year) must be paid. Ms. Nelson in the Admissions Office at O'Brian Hall can give you more information on the uses of that money and when to pay it. We welcome your comments to AlumniLine, to Opinion, on things in general, or your viewpoints on current issues in the legal profession. Of course, your appraisals of this paper are also welcome. Needless to add (but anyway), any written contribution, factual or commentary, is welcome. As youmay already be aware, our new Placement Director, Jay Carlisle, is working hard for U/B students, attempting to find holes in the overstuffed job market. Part of his task is contacting our varied and far-flung alumni and marshalling their ideas and information useful to the students. His procedure includes alumni gatherings and the such, allowing you to meet old classmates while at the same time helping your new ones. A great help would be an up-to-date list of names and addresses. Even if, for whatever reason, you are not a dues paying alumnus/alumna, it would be a great service to all concerned to keep the school posted of any changes in addresses.'etc. It will certainly be appreciated. * * * * * We'll be back next semester. Address all comments, etc. to Alumni Line, c/o Opinion, O'Brian Hall, SUNYABNorth Campus, Buffalo, New York 14260. we need people who can write, type, proofread, do layout, distribute, and be general all-around useful people. No experience is necessary, just some youthful enthusiasm and a willingness to help. �OPINION November 20,1975 16 The Heck with Meek SPORTS by Lawrence M.Meckler either protect his alligator cushion or to protect him from Alex Bob Montgomery, a scrub ballplayer for the Boston Red Sox, madehis first and only appearance in a World Series this year. Sitting on the bench the entire series, Montgomery came to bat as a pinch hitter with one out in the bottom of the 9th inning in the finalgame, with his team down a run. Bob Montgomery, a second string swtich hitting catcher, who spends his life waiting to be put on waivers and warming up Diego Segui in the bullpen had his dream in front of him. With 50 million people watching, if he hits a homerun he's a super hero. No, he didn't pass out, but he grounded out. Bob Montgomery, or "Monty" as he is known to his fan, will now spend the rest of his life saying to himself, "I grounded out" and waiting for Carlton Fisk to get hurt again. There are many stars in sports, but there are many more scrubs. Scrubs are athletes on the borderline of the major and minor leagues. They are hanging on to the dream of being a star and at the same time trying to avoid having to find another profession. This article is dedicated to scrub athletes and their frustrations. Many players really stinkand deserve to be scrubs while others never got the break to take them out of scrubdum. Many scrubs have trouble realizing their importance. Teddy Martinez, who whenhe last looked was on the Oakland A's, spent 1975 being a pinch runner for a pinch hitter for a defensive replacement. Take the case of Joe Fields. Being a starting center in pro football doesn't exactly put you in the limelight. Where does that put Joe Fields of the Jets, a back-up center on punts? Everyone talks about Pele, who popularized soccer in America for a month. However, what fame goes to Fred "Cornerkick" Smith who brought soccer to the sewers of Paris? Chico Ruiz was one of the classiest second stringers. He had an alligator skin cushion which he used when sitting on the bench. Chico also was known to carry a gun at times. The gun must have been to There are even scrubs in the animal world. Arnold the Pig, star of Green Acres is world famous.But who knows abouthis back-up "Hog" Horowitz? There are scrubs in other professions. At the moment we have a scrub president in Gerald Ford who had his life threatened by scrub assassins. Imagine being a scrub lawyer,a second string lawyer who only got to try cases when the regular lawyer had an ulcer, retired or had to go shopping forhis wife. There are many landmark cases we learnabout, such as Brown v. Bd. of Educationand Erie RR v. Tompkins. But when was the last time yourContracts teacherasked you to read a scrub case such as Harry the Super v. Leo's Luncheonette, 240 NY Scrub 2nd 28 (1911). Scrubs get no respect. There is a new spray that trainers use to prevent swelling. This miracle spray is called "freeze." However, when a scrub gets injured the trainer instead of spraying "freeze" on the injured area, will just spray very cold. Some ballplayers have sneaky ways of preventing themselvesfrom being scrubs. Milt Pappas would always seem to get a headache or a sore arm when he had to pitch against the Pirates or the Dodgers, but when the San Diego Padres (a scrub team) were in town Pappas would volunteer to pitch the entire series. Remember the immortal Paul Ruffner? He spent his entire career playing one on one against Dale Schleuter in practice before he joined the ABA, now defunct. Even an entire sport can qualify as a scrub. Hockey is a scrub sport. I don't like hockey. A Scrub Halt of Fame would have to include such scrubs as Super Stiff Ed Kranepool who was over the hill at age 19, Bumbling Bill Tuttle and Duke "Did anyone see my bat?" Carmel. If they need a scrub legal advisor I'm available. I may make fun of scrubs, but remember without scrubs you wouldn't have stars. The Magic Act by Miles Elber Editor's note: Werealize that the following material describes activity that is illegal, and as such we are not advocating it. However, it does exist, and as members of society we should be aware of its existence and its ramifications. Please note that the opinions expressed herein are not necessarily thoseof the paper. The Saga of Benny the Book It is necessary to think back, to remember the classic World Scries between the Red Sox and The Reds, especially the sixth game. It is the bottom of the eighth, Eastwick pitching to Carbo, Cincy winning 6-3, four outs and the series is over. But then Smack! The game is tied and poor Benny is sick. The Red Sox go on to win the game making the seventh game decisive for everyone but Benny. Benny is forced to lay off his bet on the Reds by betting the Red Sox in the seventh to prevent disaster. Benny had made a large bet on the Reds, $2000. He gave away 3-2, meaning he was rushing three grand to win 2. He also had bet the Reds for $500 in the sixth game because Tiant was favored and Benny didn'tbelieve Tiant could beat the Reds three times in the series. Thus Benny was counting on $2600, until Carbo's swing (Tiant was a 6-5 favorite). Damn Eastwick; damn Gowdy and that nonsense about Carbo being picked ahead of Bench in the baseball draft. Who cares! Instead of $2600, Benny simply called up the old book and bet $1500 on Boston in the last game, getting a 7-5 advantage. In reality the bet meant nothing as Benny was up $900 in football bets, meaning that if Boston won Benny would be even, if Cincy won he would be up only $1900. (Any ?s about the math write to Opinion.] As we all know the Reds won, but that night Benny had bad dreams about Carbo'shome run. Pro football is treating Benny fine. Benny's favorite team to bet against early in the year is the jets. He hates their defense and he knows too many people bet Namath on memory. Benny loves N.Y.C. suckers. Needless to say with the spread even, Benny bet Buffalo over the Jets and even felt sorry for Joe as the Bills romped. The second week of the season Benny made a bad error, he bet a game between two mediocre teams, the Eagles and the Bears. Benny bet the Eagles and gave three points and lost. I asked Benny how a sane person could bet on a team quarterbacked by Gabriel, he simply said, what do you think about Huff and Douglas. Good point, they are both terrible. Week three was important, because of the series bet soon to be made and because Benny didn't want toget behind early.Benny made a strange bet, S.F. over K.C. giving Benny feltS.F. wasn't a bad team and K.C. was; this week Benny was right. Oct. 19 the rains continued in Boston but Benny didn't care. He thought he saw one of the best bets in years. Miami and the Jets at even. Benny couldn'tbelieve his eyes. At firsthe was afraid to bet. Was Griese hurt? Did more Dolphins jump? No and No. Benny doubled his normal $300 bet and had a most enjoyable Sunday afternoon. The Dolphins for fun 43-0 and people work for a living. Benny didn't like any of the lines for thepro games for the sixth week, but found a college fame, U.S.C. v. Notre Dame. Benny felt Notre Dame had its worst team in a long time and U_5.C. was undefeated so they must be good, they always are. U.S.C. was favored - Opinon Johnson. 1. - , by 1. Benny bet and suffered through an unbelievable three quarters before finally winning in the fourth by a TD. Both teams were bad and Benny was lucky. Benny checks the lines out every Tuesday and Tuesday, October 28th brought a smile to his face. He loved threegames, Pittsburgh was one over Cincinnait, Houston was V/i over Kansas City and Perm State was 3 over Maryland. Benny wasted no time. He called in the Perm Stale bet and tied Houston and Pittsburgh up in an if and reverse. The if and reverse bet means the following. If Houston wins you carry the bet on to Pittsburgh, if Pittsburgh wins, you carry the bet on to Houston. It is two if bets (explained in the last issue). Benny was risking $660 to win $1200. Saturday started off great. Perm State jumped to a 12-0 lead. Slowly Maryland came back, 12-7, 12-10and then they pulled ahead 13-12. Benny knew it, he was gome to lose. He did even though Perm State ended up winning 15-13. Beaten 'y a point. Why does he bei on people who are youngerthan he is? A true fool. The loss added tension for Sunday. This was his first really big rish of the year. It could be a $990 weekend. Now he knew why people work, nothing is that easy. The Pittsburgh game started at 1 and the first half was dull with Pittsburgh pulling ahead 10-3 at half time. However, the 2nd half brought Pittsburgh to life and they pulled way ahead, 23-3 going into the fourth. No problem. Houston was having its problems though. They were down 13-7 at half time. Oneloss still spelled an expensive weekend, and all of a sudden it got a lot worse. The CBS pre-game show gave the score Pittsburgh 23, Cincy 17 with Cincy threatening in the fourth. The Jet—Bill game ended, so Benny quickly changed to get the grandstand show and the final, jack Buck was giving the scores but he didn't give the Pittsburgh or Houston scores. What the hell is wrong with theseshows, this is Sunday, scores should come first not reports of the Australian Open or Phyllis George orchestrating music for Charley Young. Finally five minutes later (literally) Buck says Pittsburgh 30, Cincy 17 with just a little time left. A sigh of relief then Houston 14, K.C. 13 in the third. Only a field goal needed to win. Come on Bum Phillips. Yes! Skip Bitter kicked a field goal, the Oilers win by four. The if and reverse is conquered. Benny sits back and watches a Redskin-Cowboy classic and prepares to party. Of course, he goes over to the old White Pages first to check out next week's schedule and plan for next week's war. Half the season is over and Benny looks like he is ready for the Super Bowl. - Intramurals Commissioner Kaminski reported a very successful opening day of the season, November 5. Winners Losers Red's Boys Sofferman's WFL On The Rocks The Stars Underdogs Impotents AmbulanceChasers Byes Canadians The Red Boys are the team to beat. This week, watch the WFL to fold.. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-11-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/20/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6f0342425408e48159ed813420720e3b.pdf 1169b9552670e411b101354f55ef98d7 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion State University of New York at Buffalo School ofLaw Writing Skils Program Openned for First Yere Students worked out, the overall structure Mark R. Hdlerer of the program has taken shape. As noted in the last issue of Dual Approach Essentially the program will OPINION, the law faculty approved a research and writing take on a dual character. Four to program for the first year students five faculty-instructed groups of at its October 1, 1975 meeting. fifteen students will combine Although not all the research with instruction in administrative details have been substantive law fields such as legislation, privacy and judicial process. These will be similar to the small group electives offered in past years and will carry four credits. The rest of the first year students will be placed in writing groups of fifteen to be taught by upperclass students. Since the student-taught groups will Parole System: Verdict Guilty order to draw upon the first year Organization of Student-taught students' background in contracts groups and torts. Additional introductory Ms. Joan Hollinger, a graduate materials will be provided to of the law school whois currently supplement the first year a law lecturer, has been appointed coursework in this area. to supervise the student-taught Attention will be focused on aspect of theprogram. In this role she will be assisted by a faculty advisory committee which will aid in the selection of student teachers and writing projects. The student teachers will be selected on the basis of proven writing ability and personal interview. They will participate in an intensive training program to be directed by Ms. Hollinger prior to the spring semester and will meet with her weekly to coordinate the progress of the program during the semester. Asremuneration for their efforts, student teachers will be awarded a $1000 stipend. byDVF On October 21, Prof. Fredrick Cohen of the S.U.N.Y. at Albany, School for Criminal Justice gave a guest lecture advocating the abolition of the parole system. Contrary to the idealistic underpinnings of the system, parole has been a dismal failure. Rather than acting as a rehabilitative system parole is being used as a means of social control. One need only note the mention made in the McKay Commission report on the Attica Rebellion, that thearbitrariness of the parole system had become a source of bitterness among the inmates against the institution as a whole. Because of the valuable social control aspects of parole, corrections officials throughout the country jealously guard against any attacks on the parole system. Usually their defenses take the form of stating that the system is not working because of lack of time and resources. In reality the parole system cannot work because of lack of time and resources. In reality the parole system cannot is a morality play where the supplicant promises that he will not repeat his wrong. The system has become a revolving door where parolees are eventually brought back to confinement, proving that supervision is a worthless exerciseunless the former inmate can become self-sustaining in the community from whichhe was taken. In fact the status of being on parole strips the parolee of such constitutional safeguards as the protection against searches conducted without probable cause. Often if police feel that someone on parole has committed a crime, they will contact his parole officer. The police will then accompany the officer to the parolee's living quarters where the officer will conduct a search for the evidence. In fairness to the parole system, Mr. Cohen stated that parole boards are doing the dirty work for courts and prosecutors. Parole has become a vital part of plea bargaining. Judgesor prosecutors out for headlines can render what seem like harsh verdicts in terms of the absolute prison time served. In reality the granting of parole tends to equalize the excesses between a "hard judge"and a "soft one." Due to the fact that the majority of members on a parole board have prior experience in the area of law enforcement, they have a good deal of savvy in detecting whether someone has been given an excessiver verdict. Contrawise because of their backgrounds, they are apt to judge an inmate very harshly before they return him to the community. Also, while board membersare supposed to take Into consideration only the crime that the inmate was sentenced for, they realize that plea bargaining has emphasize writing skills rather Three to five writing projects than new substantive areas they are envisioned which will deal will carry three credits. The with various legal documents such selection for admission into one as opinion letters, memorandaand of the two groups will be made by briefs. These will probably be in lottery. the field of products liability in Qass Structure Student writing classes will meet twice a week for ninety minutes through the spring semester. Provision will also be made for monthly individual conferences with group members. the needs of the individual student through the small groups, individual conferences with the student teacher and the opportunity to redraft assignments to incorporate teacher comments and suggestions. Opposition to Plan Since the unveiling of the new research and writing program opposition has grown among a number of students. Concerns range from the inequities of the dual system of faculty and student-taught groups to the lack of faculty supervison and the small stipends provided for student teachers in the latter program. Several students have threatened legal action to enjoin the program as structured but there has been no response to their demands as yet. . Students Confir on Writing Corses photo by skinner taken place and will look at the crime the inmate was originally charged with. In effect the decision is made on the basis of the original charge. Considering the seriousness of the matter, parole hearings are surprisingly short. Empirical studies in New York reveal that most board hearings take approximately twelve minutes. Rarely will a hearing run more than twenty minutes. Mr. Cohen actually observed hearings conducted by the Pennsylvania Board last summer and found that the average time was approximately the same. Ideally parole is supposed to work as an end to a prison term which has accomplished its purpose, i.e. rehabilitate. As Mr. Cohen stated, "That the corrections systems of the UnitedStates have failed, is something you'll find the Chief Justice as well as the late George Jackson agreeing about." What then is the alternative? Clearly the courts, and not the corrections departments, should be faced with the hard problem of "Whom do we keep in confinement?" To put courts up against this Mr. Cohen would wantto see established a constitutional standard that no defendant couldbe deprived of his right to return to the community after a sentence has been rendered, until all alternative forms of • - continued on page ten A meeting was held on more narrowly geared to writing Wednesday, October 15 by first year law students concerning the proposed First Year Writing Program. Academic Program & Policy Committee Representative Ray Bowie explained the tenative skills than the small group program." Student sentiment at the meeting was decidedly in favor of the APPC proposal, although some expressed students program. dissatisfaction with the proposed "low" salary of the student Approximately 180 students $1200 per will be taught by student instructors ($lOOO semester) and the lack of any faculty under instructors supervision. remaining inputby first year students in the The students will be enrolled in the selection process of the student small group electives taught by instructors. The salary range, however, is considered quite faculty members. adequate by many students Four credit hours will be interested in applying for the awarded for the small group student instructor positions. program compared to three hours Further discussion of the for the students staffed program. writing programis planned for the The student staffed program, upcoming APPC and Faculty according to an APPC report, will meetings. be "more limited in scope and Jack Pawlick - �October 30,1975 OPINION OPINIONS ours On the Library yours diSBArred To theEditor: This year the hours of the library have been cut by about ten hours a week. For many students, this cuts deeply into their allotted time for studying. We realize that the university and the state are in a financial crisis. However, this is an area that we cannot afford to have cut. Speaking of the library, we are thankful that the second photocopy machine has returned, in time for the final exam and paper period. Now if only something could be done to improve the poor quality and service of the older machine. The track record of the new machine is predicted by the library to be better than of those in the past. We'll let the next few weeks be the judge of that. Speaking of final exams, etc., there is the continuingproblem of non-law students using the library. This has led to crowded and noisy conditions. Now that the exam periods of the university are no longer staggered, when that time comes the situation will not improve. If the study areas in the dorm complexes and other buildings are so insufficient as to require use of our facilities, and all that is asked for is a quiet place to study, may we suggest setting aside a first floor classroom, especially in the evenings, to be designated as undergraduate/non-law study centers? That will leave available space for use of law books to those who must use them. . 2 On the afternoon ofThursday, October 23, the SBA held its regular weeklymeeting. Among the items under consideration was the issue of whether a particular student should be approved to serve on the school's admission committee. This student had received preliminary approval from the SBA appointments committee, and would, no doubt, have been approved in due course by the full SBA body. However, prior to that time, a charge was made that the student had recist attitudes, and consequently should not be approved. This scandalous accusation naturally attracted the attention of various other law students who knew and liked the student in question, and were aware that this was a totally false protrayal of him. Therefore, some of us made it a point to be at the SBA meeting, hoping that we could offer testimony supporting his character and ability. Not only were we not permitted to contributeany input to the meeting, but the SBA President, Ms. Roberts, insisted that we had no right to even observe the proceedings and hear the debate. According to the SBA constitution, all law students are membersof that organization what right have they to exclude any interested student from any meeting? What right have they to conduct their debates secretly, so that students have no opportunity to assess the attitudes of those persons who supposed to be their representatives? Especially when the effect of their action is to, in effect, endorse a serious slander made against another student. It becomes clearer and clearer, the more closely one looks at the SBA, that it is dominated by a small clique of careerists whose interest is in promoting their own political ideologies, and whohave neither the intention nor the competence to deal with variousreal problems facing law students. - Elevators The elevators in O'Brian are being abused. Too many people are using them to ride one flight up or down; from library to exit, from lounge to offices, etc. We have seen people waiting several minutes for a crowded elevator, only to use it to go to the next floor, slowing up the other people needlessly. Of course, there are people who must, for whatever reason, use the elevator at all times. The others are not helping by tying them up. The elevator service is slow enough. Let's leave the use of the elevator for times when you really need to use it. Save energy, get some healthy, well needed exercise. Remember the old saying: is this ride necessary?! (Name withheldupon request) Moot Point Dear Sirs: At the close of my undergraduate academic career, I was fullof cynical philosophies and sophomoric fantasies. But now, all this is history as I have since embarked on my life long ambition of attending law school. In actuality, my desireis to be a lawyer law school still being recognized as a necessary component of this. If law school is to be viewed as essential to the lawyering process, then I suggest that it adopt more of the essential — characteristics. and Elections . My first semester frustrations are not brought on by the amount of work which is expected; but rather, these frustrations are a product of the failure to integrate more meaningful programs into the curriculum. am addressing myself here to thedilemma The other day the SBA held elections for directors. Surprised? That's not which is faced by most first year students I whether or not to participate in the Moot was non-existent surprising. There virtually publicity, non-existent turnout, Court Competition. No doubt, this program is invaluable to a prospective lawyer who non-existent candidates. There is, and seems always to have been, great must become schooled in theintricacies of legal research, brief writing and argument. For student apathy in this school. This paper is more than, aware of that fact. a first year student, thereis little enough free time to eat and sleep, let alone participate However, the answer is to push harder. Was everyone aware of petition deadlines, candidacy requirements, election dates and times? Perhaps it's self serving, but elections can be timed to coincide with publication of this paper, so that all students can be made aware of the elections and of the candidates. We are sure that this will happen when the "big" elections come next semester. There is no excuse for it not to happen at every election, every semester. — '' • Iin extra-curricular activities. Moot Court shouldbecome part of the first yearprogram as an elective course. In this way, first yearstudents will not have to sacrifice their physical well being and sanity in order to learn an essential aspect of law. Other law schools, far less innovative and progressive than ÜB, have integrated moot court into their "academic" programs, realizing its importance in the lawyering process. Especially in the first year, it is important that a student feel a sense of usefulness and direction something which couldexist if programs such as moot court were given the sanction of academic credit. Paul E. Meyer. — Smokin' in the Boys' Room OPINION: Volume 16,Number 3 October 30,1975 ( )1111111111 UJJII ""• ■ Editor-in-Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Alumni Editor: Earl S. Carrel Staff: T.J. Centner, Victor Rostow, Jeff Chamberlain, Lawrence M. Meckler, Myles Elber, HowardAchtsam, Andrew M. Puritz Contributors: R.I. Glick, Elaine Weiss, Rosemary Roberts, Mark R. Hellerer, Jack Pawlick, Leslie K. Kirschner, Larry Ginsberg, Scott Cheryl _ OPINION Is published every threeweeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. One would assume that a law school would contain individuals thatrespect the rights of others. Unfortunately, this is not the case. There are many cigarette smoking students in this school who constantly inflict their bad habit onto others. I have consistently witnessed students smoking in non-smoking areas. In a SBA meeting last semester, held in a first floorclassroom, a number of spectators and even one SBA Directorasked that the smoking be halted. Not only was the smoking in thatroom a violation of law (or at least school regulations) but it was clearly physically annoying to some of the non-smokers, besides creating a filthy mess since some of the Directors failed to use even make-shift ash trays. The request was met with a smug remark by the SBA President, who reluctantly agreed to stop, but she promptly lit up again five minutes later (in childish defiance). Smoking is often seen in the library where not only is it a health hazard but a fire danger as well. Apparently students are not afraid to be caught because they know there is no sanction. Also, some smoking goes on in the classrooms where the faculty, with "NO SMOKING" regulations glaring them in the lace, take no action. If a person wants to have a bad habit that is fine (believe it or not, this pious writer occasionally lites up a Kent usually around finals) but they should not be able to force it onto other people. In a classroom, no matter which way you blow the smoke, others will be compelled to breath that dirty air. The smaller the room and the greater the number of smokers, the larger the infringement of a non-smoker's right. It is time for non-smokers to stop feelingguilty about asking others to refrain from smoking even if a class must be interupted. It is disquieting to me that some fellow students, knowing that they are infringing on others' rights to breath smoke-free air, keep right on doing It. Apparently they think that they are somehow superior or simply don't care about other people. Whichever is the case, such an attitude is clearly dangerous, especially In law school.We are the generation continued on page three - - - - �October 30,1975 OPINION 3 ENDOBTHF AR by Jeff Chamberlain JOBS: "I don't want no job, I position." wants me a -Kingfish Looking for a job is a pain right in the ass. The process involves three stages, the resume, the interview, and the rejection letter. Writing a resume involves peculiarly lawyerlike skills, for the object is to state your case in the best possible way. The purpose of a resume is to intrigue a firm enough to call you for an interview. This is accomplished by a variety of subterfuges. Some applicants prefer to use pink paper, on the theory that theirs will stand out from all the others. Some are careful that their summer job as a warehouse stock clerk reads "inventory control specialist." Techniques such as these are ingenious, but half-hearted. To make a reader remember your resume, I recommend that you include in it a few judiciously placed outrageous lies. One I recommend is "great-grandchild of Charles Evans Hughes." This sounds impressive, and is almost impossible to check out. Furthermore, if you are caught, you can say that you meant, of course, the illegitimate great-grandchild; or, you can look shocked and hurt, and say "it can't be my mother, rest her soul, told me justbefore she passed away ..." . Smokin continued from - We have, by the way, a placement office. It is new. It is said that its existence will ease the tightjob market. Last year we really didn't have a placement office. I have heard that this year, the number of organizations interviewing on campus is about half whatit was last year. I have also heard that the University of Michigan has about 25 firms interviewing on campus for each third year student. I'm sure thatwe'll catch up, for our facilities are better: some of the firms interviewing here this year have been given small, white, carpetless rooms, sumptuously furnished with two chairs, one of which is broken. No desk. No table. No ashtray. The one-on-one atmosphere is thought to present our students in the best possible light. According to one of their brochures, "the placement office is not an employment agency." Interviewing is worthwhile, if for no other reason than so you can see what kind of jerk bought all the lies on yourresume. The purpose of an interview is to intrigue a firm enough to offer you a job. Thus, once again your task is to distinguish yourself from the rest of the interviewees. There are several schools of thought on how to do this. Showing up naked is always impressive, but somewhat impractical. you have no convenient place to clip your pen. Another ploy is to pick an area of law which no one knows anything about,, and. claim to be an expert in it. Universal ignorance is not hard to find. My personal favorite is the third amendment, but — page two that's supposed to care about people and view all of them equally. Smokers, don't turn your back on these ideals for thesake of convenience (at least wait to be corrupted by something more important, i.e. money). Forcing someone to breath your smokey air may seem an infringement of a small right. But if smokers can't be minimally inconvenienced to protect that right how will they fare when more important issues, and therefore more important personal concessions, are at stake? Think about it. Stewart O'Brien P.S. I apologize to my smoking friends, if there are any left, who are considerate. Sex and the Simple Editor Dear Opinion: This criticism is in regard to your article in the last issue on the backgrounds of the new faculty. As a student here I am very interested in the new additions to our teaching staff andread the article for that reason. I was very unhappy with the sexist manner in which the biographies of thesepeople were presented. In only one of the biographies was any mention made of spouse and/or family. And surprisingly enough that was the woman! Not only did we find out that Ms. Hollinger has two children, a boy & a girl, but we learned that her husband is a University Professor. I object to this discriminatoryreporting on two grounds. First, from a professional standpoint an argument can be made that information regarding one's spouse and children is totally private. If Ms. Hollinger wanted everyone to know that fine, but I suspect the information resulted from questioningby the reporter. These are questions which are totally irrelevant to her professional qualifications. Such questions should not be asked of anyone. Secondly, as a woman I resent any inference that my family relationships are more relevant to my professional life than those of a man. Both men and women have family committments and if the number of children a professor has was relevant to the purpose of the Opinion article, those facts should have been included for the men interviewed as well. Perhaps I am getting excited needlessly, but I get excited whenever I see a woman treated differently than a man for no intelligent reason. Please try to correct this type of doublestandard in the future. Kathryn A. Schneberk-King SeniorLaw Student Thereporter replies: The questioning of each faculty member was, as much as possible, identical. Each faculty member approached the questions in his/her own particular way, allowing these biographies to be more, hopefully, than cold resumes. Any background information present is that given, as relevant to their subsequent activities. For whatever reasons, certain people hold family relationships to have varying degrees of influence & Importance to their professional careers. Therefore, I do not feel that these biographies were, as such, sexist. However, recognizing that I, too, approach things in my own particular manner, I apologize for even the appearance ofsexism. Whatever my personal feelings, which I reserve for myself, there Is no place on thispaper for suchattitudes. All deliberate care-wHI be taken at all times to prevent it, by the entire staff & editorialboard of OPINION. several acquaintances have had some behind traditional interviewing tricks such successes with legal ethics. Taxation is also as spilling coffee on you tq see how you good. A variation is to claim expertise in an react, or commenting that only dullards area of law in which the existing theories salt their lunch before tasting it. One are totally incoherent. Conflicts of lawhas interviewer spent 15 minutes asking me if a clear edge here, although Article 78 of what I had put in my resume was true. the CPLR has its proponents. ("Well, Mr. Chamberlain, did yougo to the Another system employs a subtle form Buffalo Law School?"). of blackmail. Advocates of this approach Either before or after an interview, you apply to organizations with which they have some connection, however tenuous. will receive a rejection letter from each Perhaps their sister-in-law's brother lives firm to which you have applied, unless they forget. The writing of letter of next door to a partner, or perhaps they rejection an art. It has been recognized as wen t to the same small, private such by isthe Harvard Law Record (the undergraduate college as did the interviewer. These "connections" are then Opinion of another, inferior, law school), year which this will hold the Third Annual milked for every bit of political clout they contain, in the hope that the firm "won't Ames 111 Attila the Hun Rejection Letter dare" refuse to hire someone "that close" Award Contest. Awards include the Ivan the Terrible Help to the outfit. There is a clever extension of Resources Award, Preserve America's Vital which is given annually this system. Some applicants learn all there is to know about the firm to which they to firms who write their rejection letters on are applying, and then pepper the paper smaller than SVi" x 11". There is the interviewer with specific questions about Verbosity Award, for the longest letter, specific office practices and cases. and the shortest gets the traditional award for Brutal Brevity. A judge in California Proponents of this approach are always bright, rosy-cheeked lads and lasses, who sent me a letter of rejection in which he "just can't wait" to become a member of invited me to drop by for a chat if I was the team at Hungerdunger, Hungerdunger, ever in the neighborhood. I have entered it Hungerdunger, Hungerdunger & in the competition for the Come Up and See Me Sometime Award. McCormick. Resist the temptation to underestimate Traditionally, the capstone of the the i n te 11ige nee of your interviewer. ceremony is the presentation of the award Interviewers are chosen for. their discerning for-the. Most Egregious Form Letter. nature and ability to decide However, this year that honor may go to instantaneously whether or not you will the firm who sent back a resume with make a good lawyer. This is the purpose "NO" scrawled upon it in purple crayon. Turn of the Screw By Chris Carty In my last column I discussed the ceiling ($2,750) which has been imposed by the University for the combined NYHEAC and NDSL loans. Since then,several studentshave requested that I clear up the question of whether the $2,750 includes or excludes tuition. Apparantly, the ceiling does not include tuition. In other words, a more accurate representation of the total amount available in loans in relation to a student's total expensesis $4,350 (tuition plus $2,750). In contrast to my last column, this week I can announce increased aid to law students. Specifically, between 12 and 15 more students will receive $800 in work study grants this week. These additional grants arc being distributed as a result of a supplemental funding by the Federal government to the University last month. Unfortunately, the University Office of Financial Aid will not take any additional applications for this grant. The number of students who applied and qualified for work study grants last spring far exceeded the available grant money. As a result, many students who qualified for work study did not receive grants either because they were not quite as badly financially pressed on paper as the fellow above him/her on the list, or because the application was filed after the March 1 deadline. The Financial Aid Office was able to consider for the first series of grants applicants who filed through June, 1975. Therefore, the pool from which the new recipients were chosen consisted both of applications filed between June and September, and those which qualified as financially needy, but were not selected for the first award. Qualification for work study is established by two criteria: financial need as evidenced by income, and total amount of federally guaranteed loans (NYHEAC and NDSL) loans outstanding. Thus, the greater the amount of educational loans which a student has withdrawn, the greater the likelihoodof being given a work study grant. Those students who receive notification of a work study grant should contact me immediately for placement. I currently have available some research with professors, clerical, and library work. Students who are interested in jobs outside the University also should see me so that the required contractual arrangements can be made with the agency or department. Work study law students may work forany non-profit organization.They are paid at the rate of $2.50 per hour, but are limited to a maximumof 15 hours per week when school is in session. Students are allowed 40 hours per week during holidays and the summer, however. �October 30, 1975 OPINION Brooklyn Side The Carl S. Heringer It's Saturday night and you're at a party. There are lots of people milling around, there'sbeer, pretzels, and of course the stereo. The stereo, sitting in the corner, all omnitient, controlling every wave of emotion passing through the crowd merely by passing its arm over a wavering black plastic disc. The stereo is the focal point of the evening. At some point, the records are removed, and the,FM stereo issnappedon. You listen with a corner of your consiousness until you hear them, the best group you've heard since Benny and the Jets. For a half hour you stand transfixed. You must have that record, you must hear that again, you must know who that is. Then the announcer comes on, and you strain to hear his whispered tones over the muted roar of the crowd. "That was three cuts from the seventh, fourteenth, and twenty-third albums of the BlueKazoos." Seventh. Fourteenth. Twenty-third album!? Let's see, that's $6.98 x 23, carry the four $160.54 plus tax. Subject of course to extra for double albums or tapes. What now? You really thought that the music was great, and you would love to have it, but there has to be some limit. Once you run to the record store, which do you choose? Of course, you've heard three cuts, those three albums therefore aren't a bad risk. Unless those are the only decent cuts of the three. Of the twenty-three. Maybe they won't sound as good outside of the party atmosphere. Maybe you listen differently. There is a solution. You can always buy "The Best of the Blue Kazoos." That does have some drawbacks. The "Best" is not always the best, but just the biggest hits. - . That's fine for Top 40 radio, but not good enough for you. Also, the lesser knownnumbers are often the better ones Revolver, The Beatles). A concept ("For No One" album is ruined when cuts are randomly put together, and there is beauty in the segue of one tune into another. This is The Moody Blues even cut the cymbal crash from the end of "Nights in White Satin." Unforgiveable. All things considered, that type of album is a reasonable sampling of a groups talent. "Best of " albums often appear when a group changes labels or breaks up. They are often best sellers themselves, note the four record Beatles anthology, and the infinite number of Beach Boy repackagings {Endless Summer, Spirit of America, etc.). You may already own every album, but this one puts it all togetherat once, and after all, the lesser known cuts aren't always so great. This brings us to live albums. As with all other types, there are pros and cons. The sound quality of these albums range from lousy (Get Your Ya Ya's Out, Rolling Stones; Live From the Canteen, Traffic) to studio quality (Woodstock I; Concert for Bangla-Desh). Some groups really can't sing together outside of a studio, i.e. Crosby, Stills, Nash & Young, while the Beach Boys harmonize to perfection every time. If you attended the concert that was recorded, or have seen a particular group live, then the record may have special significance to you. Songs may sound different live, but then again they may not; Creedence Clearwater Revival had their stage act down to within three secondsof the album cuts. Cream was more likely than not togo into an extended jam. "Sympathy for the Devil" becomes a different song onstage. In Before the Flood, many Dylan .. - Larry Ginsberg " "^B "|" ~ /y B im 3?1 '" ■»~ .« .ft J"J I? ■ i ■— iBBr 7 ■ I*. yt r. m— Bsy ■ fi^^^^ «- "iMrinrnii ACROSS 1 Equitable or creditor 5. Antique autos 10. King of Judah 13. Man 4 Wight 14. Prevented (legal) (var.) 16. Morning 17. Girl's name in Koln to death 18. 19. Cribbage matching knave or Omsk woman Com 22 2_ tended d_ea«e (one.) 26- R°P' 30. Sage 31. Icetandicsaga 34. Once again 20. rate in 21 35. 36 I was walking to St. Ives of the Court Act (Lat.) 40. Pavement 39. 41..Head man (military var.) 42. Follow 43. Locate 44. Ex 46. H zS04 or HCI 46. Gold Dal ( v,etMme»c 47 mperor _.48. ?Open your mouth .. * 49. __.dy7___ fire 52. Quote 66. Charles Lamb penraime - Militant Order of Monks 69. Russian Naval Destroyer(var.) 60. Exclamation syllable 61. Hesitation 62. YIP ( 63 Not ."% (old pleading) „„„„, DOWN 1. Springy motion 2. Goddess in Luxor 3. Mi* Lancaster 4. Incompetent one PK,k B ' fans will barely recognize many of the numbers. Joni Mitchell adds interesting new qualities to her songs. A well produced live album may be yourbest bet. It'll contain a combination of the groups best hits, and their best performances. The exhuberance of the group will come through (DeL/VEring, Poco) and of the crowd (Absolutely Live, Doors). Commentary in-between the numbers may give you some personal insightinto the whys and whereforesof the group or thatnumber. A live album may be your best introduction to a group. ** Dory * * Previn, Live from Carnegie Hall, April 18, 1973I first heard Ms. Previn several yearsback and immediately liked her music. This double record sets offers cuts from each of her previous albums, plus several new numbers. The production is superb, the audience is responsive. Many of the songs are very personal-tales of triumphs and failures, happiness and sadness. "Lady with the Braid" is about a lonely soul, crying desperately for love. It's a haunting, beautiful melody. "Moon Rock" discusses the moon landings, from the viewpoint of the moon. "Mary C. Brown and the Hollywood Sign" concerns a strange suicide; "Twenty Mile Zone" an even stranger traffic ticket. The taleof the "Left Hand Lost" almost needs no explanation, except to say that Ms. Previn was born a left-handed person. Ms. Previn puts her music across beautifully. She's been around for a while, but has yet to gather a mass following. I've joined her substantial "cult," and I'm waiting for some new material from her. You owe it to yourself to listen at least once. Get in touch with me, and we can make arrangements. TP he resident's Crossword Puzzle /j 4 „?'7E^"""*' , *'" '""' —»~m y«r to y«r 7. American Indian Corner BY Rosemary Gerasia Roberts Vikki Edwards Richard Langsam I was glad to see that you all Paul Lukin had such a good time at the SBA RobertBurrick party at Fanny's. It's too bad though that most of the people 2nd Year Directors who enjoyed pouring down all Debbie Winthrop that liquor couldn't be bothered to vote in the SBA elections for 3rd Year Director new directors. It would be Joe Matteliano ironical, but somehow fitting, if those directors who were elected FSRB chose to deprive the student body Bob Waters of their next hangover by not Alan Gerstman voting new party funds. Maybe the answer is to bring the voting JUST A NOTE box to the parties. At least then It was nice to see our old Squeaky Frome might be edged faithfuls, Ken Joyce and Lou DelCotto at the party (It must be out by the Pink Panther. But despite the apathy of the tax deductible), along with some majority, the minority managed new faces Richard Bell, James to elect a roster of energetic and Attleson, and Red Schwartz. SBA qualified SBA directorsand FSRB parties are open to all law members. They are: students, faculty and staff. So give a student a chance to show his/her Ist YearDirectors intellectual prowess when they've Sally Ann Krallman got a few under their belt come Andy Milstein to the next party. - - 8. Geological tire division 9. Weapon of the Zulu 11 Paulo 12. Shyster attorney 15. Mister or Bailey 19. Negative 22. French town 24. Pronoun 25. Pornography 48. Raid or port 49. Part of Israel 50. Involved (2 wds.) 51. Zwi Kaner or MarcelMarceau 53. Ghana language 54. Month in Haifa 55. Storm or lighter 67. Union Army during Civil War (abbreviation) 58. Sea Eagle 26. Pastry 27. Lends 28. Lash again 32. judicial opinion irrelevant to particular decision 33. Oxford student or Solution will be posted Monday USSRriver 37. Piaza outside the OPINION Office, 38. Irate Room 623. 43. Jewish Holy Day (var.) 46. Exclamation in Baden �PAGE OR PAGES MISSING �October 30,1975 OPINION 6 Constitutional Amendment - continued The Vice-President shall assume the duties of the from page eight President in the President's absence, and shallassist the President in the conduct of the affaires of the Association. In the .event of the President's resignation, the Vice-President shall assume the duties of the Presidency for the remainder of the term. No Vice-President may serve in that position for more than one year. Title IX and SUNYAB The Secretary shall maintain a written record of all meetings of the Association, and a list of names, addresses and telephone numbers of all members. Title IX (20 U.S.C. 1680 et seq) is a general prohibition of discrimination on thebasis of sex in federally assisted education programs and activities. It reads "No person in the U.S. shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." It contains several exemptions concerning religiously controlled educational institutions, military schools and others. The regulations for Title IX, which went into effect on July 21, 1975, prohibit discrimination in admission and recruitment, in educational programs and activities, and specifically allows remedial and affirmative action programs. Under Title IX, the educational institution is to evaluate its current policies and practices within one year, modify any of these which do not meet the requirements of Title IX and take appropriate remedial steps to eliminate effects of any discriminatory practicesresulting from adherence to these policies and practices. The two areas in which Title IX has received the most attention and controversy are athletics and women's studies. The Treasurer shall have charge of all finances of the Association and shall report on the state of the treasury at all meetings of the Association. The Treasurer shall collect dues from all members, pay all debts of theAssociation from Association funds and shall keep an itemizedrecord of all receipts and expenditures. All officers shall be responsible for any auxilary assignments as may be made by the President. ARTICLE V Regular meetings of the Association shall be held each semester at a time and in a place to be designated by the President upon theadvice of the Executive Committee. No fewer than three meetings shall be held per semester, and each meeting shall be at a place accessible to a majority of the membership. Meetings shall be conducted according to this constitution and according to the customs of the Association, except that, upon petition of a plain majority of members present at any one meeting, that meeting or the remainder thereofshall be conducted according to the provisions set forth in Roberts Rules of Order. Notice of the date, time and place of each meeting shall be made to the membership in a manner reasonably sufficient to notify all. ARTICLE VI The membership shall vote on all matters, financial or otherwise, binding the Association to a course of action. No vote shall be taken without a quorum present. A quorum shall consist of ten members in good standing. Good standing shall be measured solely by the payment of annual dues, which shall be collected as soon as practicable during the course of the fall semester. The president or any three members present maypresent an issue to a vote of the membership. Votes requiring the expenditure of Association funds including votes on criteria for eligibility for scholarship funding, shall be decided by two-thirds of the members present at the vote; all other matters shall be decided by a majority of those present. ARTICLE VII Election of officers shall be conducted at the first regular meeting of the Association to occur in the second semester. All officers shallbe elected by a simplemajority. In the event of a vacancy among the officers other than the Presidency, an election shall be held at the next regularly scheduled meeting of the Association. In the case.of a vacancy in the office of the President, the Vice-President shall assume the Presidency and a new Vice-Presidentbe elected. Any ten members may call for a Special Election remove any or all officers for cause. to fill a vacancy or to ARTICLE VIII This Constitution may be amended by a two-thirds vote of the membership. Leslie K. Kirschner - What does Title IX require in the area of athletics? In the area of athletics, the regulations of Title IX provide "No person shall on the basis of sex, be excluded from participation in, be denied benefit of, be treated differently than, or discriminated against in. an interscholastic, intercollegiate class or intramural athletics and no recipient shall provide any such athletics separately." Separate teams for each sex are allowed where selection for such teams is basedupon competitive skill or activity involved in a contact sport. However, where there is no team in a particular sport for one sex, and athletic opportunities for members of that sex have previously been limited, members of that sex must be allowed to try out. for the team unless it is.a contact sport (boxing, wrestling, rugby, ice hockey, football, basketball etc.). What thisregulation would mean in practice is that if there is no women's team, a woman must be allowed to try out for the men's team, but not vice-versa (unless the men's previous which athletic opportunities had been limited would be unusual since nationwide women's sports' budgets are 2% of mens budgets). The University must provide 'comparable facilities' for men and women. "A recipient may provide separate toilet, locker room, and shower facilities but such facilities provided for one sex shall be comparable to such provided for other sex." An article in the Spectrum (10/20) stated that the new gym planned for the Amherst campus will not contain a women's locker room (but will contain a men's locker room). This is a clear violationof the mandateof Title IX. - What does Title IX mean to the existenceof the five all women's courses at Womens Studies College? It is the administration's contention that Womens Studies College (WSC) is not in compliance with the Title IX regulations. It is ironic that the administration's first attempted use of the anti-discrimination legislation is to eliminate a program in the spirit of affirmative action. It seems somewhat contradictory that legislation passed with the intent to promote the education of women is being used to threaten the continued existenceof an educational program designed to do just that. Title IX calls for a year long self-evaluation of the whole University. Women's Studies College maintains that any special treatment (as in the case here) of WSC short of the uniform procedure established for evaluating the whole university constitutes discrimination against a program promoting the education of women. Is the existence of all women's classes a violationof Title IX? The legislative history shows that Title IX was passed to eliminate educational discrimination against women. Title IX specifically allows for the development of affirmative action programs; "... a recipient may take affirmative action to overcome the effects of conditions which resulted in limited participation therein by persons of a particular sex." Th c five all women courses are part of the affirmative action thrust of WSC. To understand the extent to which affirmative action is needed, look to who rules America; but, better yet, look to who talks in class, to whom your teachers are and remember women are over 1/2 of the population. All women classes constitute an effective way of combating discrimination and enabling women to participate fully in this society. The education valueof women's classes has been recognized. During rechartering, Dr. Ketter agreed to allow the selective use of ail women's classes when such use is clearly and directly related to the educational objectives of the course and is necessary for their achievement. It was stipulated that any challenge to all women's classes should go through the established academic channels (D.U.E.). The Division of Undergraduate Education overwhelminglyapproved the five courses, based on theireducational rationale. Women have had a Jong history of social, economic and political oppression. Traditional education ignores serious study of women. Women's Studies College has created a form of education to redress the effects of past oppression and to enhance the full participation of all people in society. Theall women classes involve interpreting their studies through their personal life experiences as women. The goal is to connect women's personal experiences with the social and historical roots of women. Through experience, WSC has found it most effective to do this work together in a group with other women. Since men have not had the same experiences (since the courses deal with the women's experience in society) it was found that the presence of men impeded the progress of the class and interfered with the educational process. The atmosphere of all women classes enables women to analyze their personal experiences and those of women in society and work toward their full participation in education and society. At present, WSC is having a petition drive to raise the issue of all women's classes on campus. People interested in finding out more about WSC or in helping out callWSC at 831 -3405. - Puerto Rican Law Students Attend "Law Day" On Saturday, October 18, 1975, the Puerto Rican Law Students Association of Brooklyn .Law School held a "Law Day". The main objective of the conference was to acquaint undergraduate minority students with law school admissions requirements. Approximately one hundred undergraduate students from colleges throughout the New York New Jersey area attended - the conference. The law schools represented were: University of Buffalo, Brooklyn, Columbia, Fordham, George Washington, Newark and Camden, Rutgers Seaton Hall and New York University. In addition the Puerto Rican Legal Defense Fund was also represented. The conference opened with speakers from various fields of law, highlighted by Judge John Carro, of the Criminal Court of the Bronx. Judge Carro became interested in the field of law while employed as a probation officer. Realizing the lack of aid for Puerto Ricans in the criminal justice system led to pursue his present career. I him After ten years of practicing law I he set his goal to become one of the first Puerto Rican judges in I New York. Judge Carro indicated that the three most important representatives gave a brief history qualities for becoming a good of their respective schools and of attorney are: dedication, integrity the procedures required for - and respect. The conferencealso included a skit presented by the Puerto Rican Law Student Association of N.Y.U. The subject of theskit was to illustrate the shortage of attorneys available to represent minority tenants in N.Y. The various law school admissions. Interested students then had an opportunity to ask specific questions relating to applications, Financial aid, admissions and academic requirements. Another conference has been planned for Nov. 15th, 1975 at Rutgers LawSchool. - �October 30,1975 OPINION 7 Freshpon'-EyViw C Toaxf ourt Andrew M. Pur it/ Mr. Connely were both finished The judge smiled, assented, and with their presentations. The said he'd get to the decision as judge began to speak; Mr. Cooper soon as possible. We all rose and so on, and then interrupted to request that the judge enter his petition for appeal I dashed for my 12:00 class. Poor sworn in. (This was the first time allowed him to continue/ Eventually, Mr. Cooper and should that become necessary. Mr. Cooper. I'd ever seen anyone sworn in; it was just like Judd for the Defense). Mr. Cooper asked the court for permission to sit down; continued from page one the judge smiledand said, "sure." a representative sample of the community from The sum of Mr. Cooper's punishment are exhausted. Practically to implement which the inmate came was willing to takehim back. argument was that he'd been such a standard, there should be a limit imposed on •Such a community appraisal would certainly be taken for a ride and deserved a the number of prison cell units thatcdtildbe built in more realistic than the one made by a parole board break. And he had been taken, it any given county. Rather than make grandstand which is hardly representative of the community of developed, by a German plays judges, and district attorneys would be forced people who bear the risk. Also they would be more manufacturer who had not to make some realistic decisions about sentencing. discerning of the act prisoners perform, such as being delivered a computerized Parole would be abolished. At most a judge would be a model prisoner, than the existing parole boards. A surveying instrumentafter Cooper given six months leeway in a fixed sentence where prisoner seeking such relief could not fake it, as is had invested $60,000 in it, and mitigating circumstances are shown. A Parole system often the case with parole boards, when he says to had bid and won several lucrative could only be re-established if it could be shown that them, "I've suffered enough." contracts in expectation of using that equipment. When that fell through, his surveying business (the product of twenty-five years growth and forty-four years of impressive experience) shook in a very discomforting manner. It was never stated; but the impression one received (or at least, / received) was that the depreciation allowance he took was a desperate attempt to cut losses. While Mr. Cooper ran through his, lengthy statistics, the judge tried to stay attentive. He scratched his head often, drank some water; once he checked out Some of us have had the chance to work in the county covernment; as law students we a pretty girl who was walking are all coricfemed'wtth govern!, ent. We believe that Ned Regan has provided Erie County down the side aisle. The with leadership of the highest quality. prosecutor conferred with his partner, a very young gentleman with baggy socks. The clerk gazed Local Government Reform off at something. The A cum laude graduate of our Law School, Regan is a recognized expert in local stenographer scribbled. government. As summarized in an article he wrote for the WashingtonPost, headvocates At the crucial point in the a two-tier approach to the reorganization of local government, assigning regional testimoney, however, where functions to county government and community functions to city, town, and village certain correspondence important government. He has implemented this approach in Erie County's Department of Central to the defense was being gone over, the judge was all ears. I was Police Services, county-wide property tax valuation program, and urban county program impressed by his attitude of under the Community Development Act. fairness towards Mr. Cooper; he helped him along gently and Community-Based Health and Human Services frequently. I was also impressed by his ability to focus on Regan has pioneered in the development of a community-based system of health and important issues and pass the rest human services. Two comprehensive health and human services centers have been opened by. Quite a talent. and three more are underway in historically under-served urhan neighborhoods. Rather As the statistics continued, Mr. Cooper paused to say that he than build up a county bureaucracy, the Regan administration works through community organizations. been better off if there had been a realized the busy schedule the jury here, composed of middle judge followed, but that "this is The New York State Tax Court aged businessmen. They'd have the first time anyone has been was scheduled to begin at 10:00 understood. Mr. Cooper was able to listen to me." The court a.m. on October 8.1 arrived at the moot court room at 9:50, and saw a notice which told me that the session had begun at 9:30. I was sorry but not surprised. As a first year student of no little ignorance, I barely knew even the function of a tax court. Perhaps all such sessions began half an hour early. My first question was "who's who?" There was a tall, thirty-ish fellow in a sharp suit making his opening statement. He had a heavy mustache. To his left, sitting alone at a large table, was a little man whose jaw was tightly clenched. I was correct in guessing that this was Mr. Cooper, the defendant. The former was the prosecutor, Mr. Connely. We had dittoed copies of Mr. Cooper's opening statement. In brief, he had deducted from his income taxes a depreciation allowance of some $14,000 on sophisticated surveying equipment which he never owned. I assumed that anyone in his position would be puckering where he sat, and it was apparent thathis was the case here. Mr. Cooper devoted much of his energy towards hopping up and down, apologizing for delay, and clenching the arms of his chair. Exhibits were put in the record; at one point the clerk had troubI c ad jv sting the rubber stamp and fell several exhibits behind. I wondered if anyone ever got' sent to jail because the exhibits were mismarked and no one realized it. I The amount of money involved was not in dispute. The issue was whether or not Mr,. Cooper had been negligent in deducting the amount he did. I found it interesting that negligence, not fraud, was at issue. So the state had a heart, too. Mr. Cooper was a very sympathy-incurring guy. Mr. Cooper defended himself. That seemed wise. Why pay a lawyer for a lost cause? He'd have Law Library Offers Slide Tape Research Programs mm ' The Law Library's Audiovisual Department has completed five of a series of eight slide tape programs on legal research. Theseprograms have been designed for use in combination with library tours to fulfill the library'sresponsibility for teaching legal research. The present five programs which are 10 to 15 minutes in length cover legal reference materials, legal periodicals and indexes, court reports, case digests, and Shepard's Citations. Three other programs in progress will cover federal statutes, New York statutes, and the American Law Reports. The slide-tape programs were written by the library's reference staff and produced by the Audiovisual Department. They have been designed for use on combination cassette tape players and rear screen slide projectors. The programs and the projectors for viewing them are available in the Audiovisual Department on the fifth floor of the library in Room 535. The use of audiovisual materials in teaching legal research is a relatively new practice. The library welcomes criticism on these programs to help evaluate and revise them to meet the needs of the users. Added Notice: Cassette tape recordings of the speakers from the Visitors Forum will be available in the Library's Audiovisual Department. The first in the seriesavailable on tape is Fred Cohen's talk on The AbolitionofParole. Distinguished Cohen... - WHY WE URGE YOU TO VOTE NED REGAN FOR COUNTY EXECUTIVE Open, Professional Government Regan has received a national award for opening up government to the press and the people. County business is conducted in open forums such as the Environmental Task Force. He answers his own telephone. He bases appointments on professional merit. He draws on the resources of the University for appointments (e.g., the County Attorney and the first Commissioner of Environmental Quality) consultant studies, and advisory boards. \ Regan's sound fiscal management has allowed Erie County to maintain its AA bond rating while reducing County property taxes for three consecutive years. For all these reasons and more, we support Ned Regan and encourage you to vote for him on election day. Ron Benjamin Ray Bowie Brian Carr Gabe Ferber Richard Feldman Alan Gerstman __________________ Charles Hall Philip Lee Tom Lochner Lewis Marks Sandy Presant Margaret Wong PAID FOR BY LAW STUDENTSFOR REGAN ——_—_-____»_^_ �October 30,1975 OPINION ASCAP Award Announced Charlotte Dianne Roederer of Buffalo. Miss Roederer is the copyright law. First and second Amherst,New York, has won the daughter of Mr. and Mrs. Robert prizes of $250 and $100 are $250 Frist Prize in the 1975 Roederer of Glenarm, Illinois. offered in each of the leadinglaw Nathan Burkan Memorial The Nathan Burkan Memorial schools throughout the nation. A Competition at the State Competition is sponsored panel of distinguished judges then University of New York fat annually by ASCAP, America's considers all the prize-winning Buffalo) School of Law, President most prestigious performing rights papers which are received from Stanley Adams of the American licensing organization, in memory participating law schools, and Society of Composers, Authors of ASCAP's first General Counsel selects the outstanding essays for and Publishers announced. The who died in 1936. It is designed National Awards of $1500, competition at the State to stimulate interest in the fieldof $1000, $750, $500 and $250. University of New York at Buffalo was under the supervision of Dean Richard D. Schwartz, and the title of the winning essay was "On Copyrighting Sound: A Music Historian's View." In 1965, Miss Roederer received a Bachelor of Arts degree from North Central College, a The small gym In Clark Hall Is available to us every Thursday, Masters degree in Philosophy from 7-9 p.m. Getting this gym space was very difficult. In the beginning Yale University in 1969 and a of the semester we had some great volleyball and basketball games. Ph.D. in Music History from Yale attendance Is dwindling. We stand a good chanceofloosing in 1971. She has also studied at this space If not used. I urge you to come out on Thursdaynights, the University of Vienna, Austria. even ifonly two or three times a semester. It will be great fun and In addition to her law studies, good exercise;your support Is needed. Miss Roederer is currently an AssistantProfessor of Music at the State University of New York at Km Attention: Women Law Students "Women and the Law" Panel Elaine Weiss An informal panel discussion on Women & the Law was held Friday Oct. 17 at the Ellicott Complex. The event was scheduled to take place in conjunction with other International Women's Week events. The panel was moderated by Ms. NILDA PABON, Third year law student and Professor at the State University of New York at Buffalo. The panel was chosen to represent the varying backgrounds and perspectives of women in the 8 Eyewitness Identification Psychology v. the Law by D.V.F. "Play it back like a newreel is a legal expectation, and not a realistic one psychologically speaking." This was one of the criticisms, Prof. Robert Buckhout of the Center of Responsive Psychology, leveled at the legal myth that the human perceiver is the perfect observing machine. On October 7, Distinguished Visitor's Focum presented Prof. Robert Buckhout, one of the nation's foremost authorities on the difficulties perception, memory, and social influence play in obtaining accurate eyewitness identification. Prof. Buckhout has been an expert witness at several well publicized trials, the most prominent among these being that of Angela Davis. His most recent work in the fieldis, "Eyewitness Testimony,"Sc/en_ffcAmerican December 1974. Prof. Buckhout explained that psychologists, in an effort to understand human perception once analogized the human eye and mind to a camera. However, while a camera is a neutral observer of an event, the human mind organizes what it perceives in accordance with social coordinants. An example of this would be where a crime is staged for experimental purposes. For any number of observers there may be as many different interpretations of the event. While stress may still self-serving deliberative faculties, so that a spontaneous exclamation is admissible for evidentiary purposes, it also stills the ability of an observer to recall such crucial factors as the timeinvolved, physical description of the perpetrator,and whether any weapons were used. V%re psychologists have left behind the model of the camera, and have gone on to ask, "How does the mind store information?", lawyers have been left far behind fearing that to place eyewitness identification in question would open the floodgates on our criminal justice system. Prof. Buckhout reminded the audience that even ancient cultures were aware of the unreliability of eyewitness identification as evidenced by the Talmudic Law standard, that a defendant could not be convicted on the uncorroborated testimony of only one eyewitness. At present there is a bill before the British Parliament to adopt the Talmudicstandard. Through a slide demonstration, Prof. Buckhout showed the audience sample line-ups that were rigged, look-a-like mistakes, and how a quickglance at something familiar will prevent an observer from detecting a critical nuance. In experiments that Prof. Buckhout has run, using a "blank lineup," (the defendant not being present), over 80% of all observers have still identified someone in the lineup as the perpetrator. Prof. Buckhout warned those in the audience who wish to become defense attorneys to use Wadeand Gilbert hearings as more than just discovery sessions. A convincing eyewitness, who remains unimpeached, will influence a jury. (See Loftus, Psychology Today December 1974). Basketball Intramurals legal profession. Participating from the law school were Ms. GAIL BROOKS, Admissions Committee member and Third year law student, Ms. CAROL MATORIN, active with Womens Law Student's Association and Third year law student, Ms. KATHRYN A. SCHNEBERK-KING, graduating senior and Instructor at the State University of New York at Buffalo, Ms. ELAINE WEISS, graduating seniorand experienced para-legal in the area of real property; and Ms. DEBRA WINTHROP, Assistant at the Student Affairs Office and second year law student. The faculty was represented by Ms. JANET LINDGREN, who teaches torts andremedies. After an opening statement by Ms. Pabon, the discussion focused on the issue of admissions. Questions related to the requirements foradmission as well as the specific procedure involved. Concern was expressed by the prospective law students on the problems facing a woman trying to maintain her personal identity - photo by gltck and social life as well as meet law school requirements on an adequate basis. These 'special problems facing women in the legal profession were addressed from various viewpoints. Students present expressed their interest by addressing questions to the members of the panel for over two hours. The event was coordinated by the Office of Student Affairs under the supervision of Ms. MILDRED BLAKE. SBA announces the commencement of theFall Intramural Basketball League. Any teams wishing to join, please pick up roster in SBA Office and return it by November 3 to Harvey Kaminski in the SBA Office. Aten-dollar charge is required for registration. Notice of schedules and plans of theLeague will be announced and posted shortly. :—classifieds - FOR SALE Porsche 356 CCoupe (1964) Original classic, excellent condition, rare find for discriminatory motorist. 694-1747 Repression? Local NLG Says Yes The National Lawyers Guild, Buffalo Chapter has issued the following statement in support of Women's Studies College. The National Lawyers Guild, Buffalo Chapter, supports Women's Studies College in their right to self-determination, including their decision to limit enrollment in certain classes to only women. We realize that the exclusion of men from these classes is not the real concern of the administration. Instead, the administration is attempting to divert the student body away from the real issue, which is the repression of progressive forces within the university. - FOR SALE Two A-78-13 bias belted snow tires, very good condition, $30. 875-91688. - HAPPY NEW YEAR! The firstis the last. The secondis the first. Thanks for the newness. BIGFOOT -I miss you!! Love, Mad. Ass. AVAILABLE WANTED - - Puppies -14 Labrador, Vi ?? ail 688-7210. Used electric typewriter. Call Rochelle, 838-1681. MED STUDENT looking for bright, vivacious woman knowledge, happiness with Jay, 691 -5023. FOR SALE - Goya electric Guitar & Call Cyndle, 882-6764. TYPING to share life, leather case. Brand new. $90. - fast, accurate, done in my home - near North 688-7210. Campus. �October 30,1975 OPINION 9 The Heck with Meek 4 by Lawrence Meckler "You can't become what you want to become unless youdreamabout AlanSchneier it first" ' I never dreamed of being a lawyer. Thus, under the Schneier doctrine, I could never become one. My professors would unanimously agree that my chancesof ever lawyering are slim. Graduating from Law School this year and unable to find a job, thoughts go to what I would have become if I hadn't chosen law. Recent responses from law firms have been a bit discouraging. One firm threatened to sue me saying that my applying to them was libelous per se as to their firm's reputation. Another firm wrote me saying that I was on their waiting list to be rejected. SPORTS Opinon But what I would have liked to become I couldn't become. I am a frustrated athlete. I settled for law school. No matter what I accomplish with law, my athletic failures and might-have-beens will always linger in my mind. How much satisfaction can I get goingbefore the Supreme Court knowing that I can't dribble left? Getting an innocent defendant acquitted won't compensate for the fact I can't hit a knuckle-curve. How will I be able to concentrate on studying for the Bar Exam knowing that every time I run a distance longer than a mile, rigor mortis sets in. Never did 1 reach the sports stardom I dreamed of. I could never play football because when I got hit in the neck or the stomach I'd start to cry. Baseball wasn't for me. When playing theoutfield, if a line drive was hit toward me, I'd take two steps in and then show off my blazing speed in chasing the fly ball that went over my head because I misjudged it. Then I'd start to cry. With the designated hitterrule the only thing that stops me from being a professional baseball player is my hitting. Don't put me on the list of those who like golf. Richard Nixon, Gerald Ford, Spiro Agnew and Bob Hope all like golf. Why add another moron to that list? Hockey? I don't like hockey. The only sport in which I ever achieved any success was track. My most memorable race was a 600 yard run for Lehman College in the New York City Championships of 1972. The race was 3 1/3 laps on a 176 yard track. I knew that I didn'thave a chance to win. I didn't have the strength to sprint an entire 600 yards. However, in all the previous races they would announce over the loudspeaker theleader after each lap. I had made up my mind to go out at the start of the raceas fast as could, get the lead after the first lap, hear my name and then Idisappear into oblivion. I went out and got the lead, but I heard no name. I was determined to keep that lead assuming that I would hear my name after the second lap, but again no name. On the third lap, I was in trouble. I was giving it all I had, but every muscle in my body hurt. I was having trouble breathing. I knew I couldn't keep up the pace, but this was the championship and my big chance to hear my name. Somehow I was able to keep the lead after three laps, with 1/3 of a lap to go. Again I didn't hear my name, but trealized that 1 was actually in the lead. Only 50 yards left and I was winning. I had never won or come close to winning a championship race in my life. 1 never intended to win, but here it was in front of me. This would be my sweetest victory. I was way ahead of the field. I could almost taste it, just 50 more yards. I passed out. A frustrated athlete then tries to become an announcer or a sports writer. I don't enunciate well enough to be an announcer and my writing career is obviously going down the drain, so whether I like it or not, NY Supp. 2nd,here I come. The Magic Act MYLES ELBER Editor's Note: We realize that the following materialdescribesactivity the vigorish [vig]. that is illegal, and as such we are not advocating it. However, it does Benny's favorite sport to bet is harness racing. He never bets at exist, and as members ofsociety we shouldbe aware of Its existance OTB because of the surcharge on all bets, [see THE HECK WITH and Itsramifications. Please note that the opinionsexpressed herein are MECK, OPINION vol 16 No. 2] He likes the track and doeshis horse not necessarily those ofthepaper. gambling there. [The SBA is not funding expenses such as parking, programsand admission.] Benny is a firm believer that basketball is a bad game to bet *** *** *** because of point shaving. Point shaving is keeping the sxore down to Many of you may have wondered where our SBA fundsgo. After cover a point spread. Careless passing, missed foul shots and blown doing a thorough investigation I can now reveal that the SBA has layups, especially at the end of a game, are all factors that Benny alloted $10,000 to Benny the Book to use as he sees fit for investment. points to as evidence of point shaving. Benny will be glad to cite The SBA is hoping for a return of $15,000 so they can serve two roast examples of this as the season transpires. beef sandwiches at the next party. Benny the Book is a friendof mine. Benny will be using the SBA NEXT- BENNY'S BETS funds to gamble on sporting events. He thought thatsince it was the law students money that was involved they might want to know some of the ins and outs of sports betting. After long discussions with Benny, I will try to enlighten you, and try to keep you abreast of Benny's "investments." Baseball is bet on a pitchers line. This can be shown simply by illustration: New York 6-7. means that if you bet the Mets you must lay seven dollars to every five you bet, while if you bet the Dodgers you get six dollars for every five you bet. This difference, getting six, not seven for every fivebet on the Dodgers is the bookies advantage. [In baseball and other sports the "line" comes fromLas Vegas.] The World Series is expressed in terms of a favorite. This year Cincinnati 3-2 over the Red Sox. This means that if you bet Cinci and lose you have to pay thirty for every twenty bet. Again, though, if you bet the Red Sox the line might be reduced to 7-5, meaning for every twenty you bet, you win twenty-eight. These "lines" change as the bookies receive bets. The changes reflect how the public is betting. In most cases a line rarely changes much unless thereis a major injury or a sudden change in pitchers. The key in baseball betting is the pitcher. This year, for example, Nolan Ryan of the California Angels, a poor team, would often be an 8-9 favorite over a seemingly better team. The next night, with the same teams but with a weak pitcher for the Angels, the other team would be an 8-9 favorite. Basketball and football are bet on a point spread. For example, the Bills might be a nine point favorite over New England. This means if you bet the Bills, they have to win by more than nine for you to win. An under nine point win means you lose; if the game ends with a nine point difference, you will either lose of have a "push" [no bet]. Benny's bookie gives him a push. Because most pro football games are played on the same day, many betters play parlay or "if" bets. A parlay is taking the money you win on one game and adding it to the original bet for a second game. Thus, if someone bets $50 on the Bills and parlays It on the Rams, he has bet $100 on the Rams. An "if" bet is one of greater caution. It means you'll only bet a second game if you win the first, but only for the same amount. Then, if theBills win the first game, therewill be a $50 bet on the Rams. The bookie maintains an advantage. If you lose a fifty dollarbet you pay the bookie fifty five. This 11-10 advantage for him is called Law School Soccer Squad Defeats Mystery Team (anonymous to OPINION) Led Broadway Bill Ernsthaft, coach/manager/player, the law school soccer team (Mens Rea) won its first game, played Monday, October 20. The score was 6-1. In this hot duel the scoring stared slowbut rapidly became a scoring battle between Gunnar Slevert and Carl (Hot Shot) Howard. Theresult six for Gunnar; two for "Hot Shot" one for us and one for them. by - - Hard to believe, but all the combatants finished the game; forty minutes of full-field soccer with only six players (instead of the usual eleven). The game was won, actually, when the opening motion to have one of the referees play on the law school team as the sixth player was accepted. John Simpson put in some excellent goal-keepingand Charlie Speigel put in a comedy of flaws/falls and one goal. (Editor's note our anonymous correspondant neglected to tell us any information regarding the opposing team. In the interests of fair journalism, anyone having any information leading to a clarification of these factswilt be — given equal time In future issues.) � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/29c55ae85a113dabbc907258f7fa5c9b.pdf 5561c195f28a8dcd631c88d3bcff3306 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 16, No. 2 State University of New York at Buffalo School of Law . Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 October 9,1975 Fahringer Judicial Clerkships Grand Jury Witness Procedure A rare privilege for any graduating law student is the opportunity to clerk for a state or federal judge. It is rarer still for a Buffalo and indictment for Witnesses' Rights perjury. Emphasized throughout A witness has no right to Student. For example, of the seventy-seven available clerkships in the Southern and Eastern Districts not one went to a U/B grad. Schools The Distinguished Visitors the talk was the necessity of a counsel inside the grand jury rerpesented did include Harvard, Columbia, NYU, California, Forum initiated this year's series thorough and intensive interview room, but may have his attorney Michigan, and St. Johns. of lectures with an address by with the client, regardless of his, present outside, and is permitted According to Mr. Carlisle, there is little reason why this situation Herald Price Fahringer on or your, belief of innocence or to confer with him for legal advice cannot be rectified. The placement office will develop a proposal for September 30th. Mr. Fahringer, a non-complicity. It is essential to at any point. the establishment of a clerkship committee. In the interrum, due to Every constitutional right that U/B alumnus, is a noted criminal be aware of all the facts before urgent necessity the of expediting current clerkships requests, an ad defense lawyer. In view of the you, as the attorney, can advise applies should be invoked, or they hoc faculty committee will orocess clerkship applications for the witness of all his rights. may be waived. Mr. Fahringer greater emphasis now being placed transmittal to judges. [See PlacementOffice for new developments]. suggests his index card method on trial advocacy in law school, The placement officeis now compiling from various judges, the witness has a card for specific the'DVF's introduction observed The Subpoena The subpoena should tell the purposes, to read to the grand describing openings available and qualifications for each. Every judge thathis visit was especially timely. requirements, has different to important so it is check each one. Mr. Fahringer noted the rise in subject of the investigation, and jury upon questioning. These Interested students can then apply directly to the judge, or submit a grand jury investigations, the the part of the law involved include a privilege card ("On placement packet for a specific judge to the ad hoc committee (which (conspiracy, etc.). The District advice of counsel, I respectfully Attorney or the U.S. Attorney has decline to answer on the ground would not preclude later individual applications). The package should include a letters of reference, transcripts, and a sample legal resume, no power to compell appearance that it might incriminate me, and anywhere but before the grand furthermore, violate my rights writing. More information on this and other placement problems is jury, although the subpoena may under the first, fourth, sixth, and say otherwise. They want to meet ninth amendments"); a request to available in the placement office. Mr. Carlisle suggests that every student interested in clerking discuss hisor her interest with him. the witness to hear what he may continued onpage 5 say, and possibly get some damaging statements. The client Gardarsson may go to their office, but he doesn'thave to do so. The subpoena won't always give much time. Since adequate time is necessary to meet with the client, make sure you get that On Sunday, September 14, the Hon. time. If the prosecutor won't Gudmundur Gardarsson addressed a small group of allow it, have the witness appear interested students on the subject of 200-mile fishing alone, and request time to get an zones, and the economic realities which have led attorney. The grand jury will then small maritimenations to impose them. adjourn for a period of time, Mr. Gardarsson is a member of the Icelandic giving you a chance for that Parliament (Althing) and Chairman of the Icelandic meeting. chapter of the Atlantic Treaty Association. His lecture was sponsored by the International' Law Society and the Mitchell Speakers Committee. Secrecy Despite long debate in the international If the witness is not the target community, no agreement has been reached on the of the investigation, and he did question of sovereign rights over economic resources nothing wrong, advise him to in coastal waters. Gardarssson began his lecture by testify, truthfully. Afterwards, he emphasising that Iceland has actively participated in may disclose what went on, and all discussion such as the recent Law of the Sea what he said, inside the grand jury Conference in Caracas but has become room. Secrecy laws do not apply disenchanted with thepace of the decisional process. regardless the of the Over the last fifteen witnesses, to years, Iceland has proliferation of strike forces, prosecutors statements to the unilaterally acted four times to extend its protected special prosecutors and the like. contrary. In fact, said Mr. fishing zones. In 1952, the zone was expanded from This raises special problems for Fahringer, it is advisable to get a three to four miles; in 1958, from four to twelve the lawyer who is called upon by thorough and immediate miles; in 1972, from twelve to fifty miles. On catches to a stated number of tons per year. his friends, neighbors or clients debriefing, preferably on tape, October 15, 1975 the zone will again be extended, Gardarsson stressed that the restrictions would pertain only to fishing. Iceland does not claim for advice when they are called even as the client is walking for this time to 200 miles. upon to appear before a grand the building towards your office. While Gardarsson conceded that unilateral sovereignty out to 200 miles. jury. The witness faces three great This information Gardarsson offered the reduction in the herring will avoid action may not be in strict conformity with risks when answering: waiving inconsistencies in later grand jury customary international practice, he stressed the catch as an illustration of the non-theoretical nature constitutional rights, the risk of or trial appearances. economic realities of the situation. "If Iceland is to of the situation. Over-fishing has led to the virtual survive, it must not be hindered in extending the extinction of this fish in waters traditionally fished by Iceland and Norway. Both nations are (or were) limit," he stated. "Thisis the simple fact." The "simple facts" are these: 1) Iceland's heavily dependent upon herring exports. While not economy is characterized by an overwhelming excusing the conduct of the Icelandic fleet, he laid dependence on fish exports, and a scarcity of other the blame for the destruction of the spawning natural resources; 2) without the availability of a capacity on scientific exploitation by the highly On their meeting of October 1, 1975, the faculty approved by renewable source of fish, Iceland cannot survive as mechanized fleets of other nations. In a question-and-answer period following his voice vote to implement a new writing program for this coming spring an independent nation; 3) the fishing fleets of semester. The program will basically be in two sections. The first is the certain other nations (particularly the Soviet Union, talk, Gardarsson emphasized the issue of survival. So retention of the Small Group Elective, as in previous years, for about Germany and Japan) have systematically denuded strongly does Iceland believe that it cannot exist the waters around Iceland and other nations of all without assuring its own resources supply, that it seventy students. The rest of the class will be involved in a student would be prepared to withdraw from NATO and taught faculty supervised Legal Writing Program* classes in each fish life includingbreeding stocks. The alternative to unlimited access to fish stocks other multilateral treaties if necessary. Iceland has category to consist of fifteen students. The Small Group Elective will be a 4-credit program., the Student instructed section 3-credit. Some is a conservation program administered by the nation no means of defense beyond it small coast guard and administrative problems remain to be ironed out, and full details will most dependent upon the supply. The fleets of other the NATO airbase at Keflavik. continued on page 5 ■> >■ beinth.enext issMepf,QP,lNlON. ■> nations \tould have to obtain licenses, limiting their by Carl S. Heringer ' contempt, — Lecture on Fishing Rights Fahringer — Writing Program r .. — — �October 9,197S OPINION 2 OPINIONS our Jewish Law Students Under New Management As of this issue, OPINION has come under its yearly change of management. Several key positions in the staff have either been changed or rearranged. A new editor-in-chief and assistant editor and a new core of reporters have joined with veterans to continue this journalistic endeavor. We're new, young and enthusiastic. We hope to take OPINION along some new paths, while remaining on others that have proven worthwhile. Due to largely unavoidable difficulties [lack of overwhelming student response] our publishing schedule has been revised, and fewer issues will appear, and at greater intervals than before. However, we hope to expand in other ways: more features, more analysis of important issues, and more input from you, the student body. OPINION will remain a non-partisan student oriented publication. We will not your shirk from taking a firm position when such will not be drawn into the partisan battles of the past. Editorial opinion will be, as much as possible, a collectiveeffort of the editorial board. Elsewhere, those opinions that are not collective or reach some extreme will bear the authors' signature. Adequate opportunity and space will be offered for rebuttal of any stance we might take, or even for support, with little or no interference in style, length, or content. We want this to continue to be an open forum available at all times, personally or is required, but we live 'in Greenwich, Connecticut and manage slum property, or WASPS who wish to become tax Dear Opinion: lawyers..." Deja vu is a psychological, and We all are aware that Mr. not a physical phenomenon. Perhaps that is why we of the Chamberlain had no malicious Jewish Law Students Association were surprised to see an article by Jeff Chamberlain in the September 18, 1975 issue of Opinion that was reprinted from the previous year. The article did not draw any significant criticism at that time. Indeed, Mr. Chamberlain wascorrect in stating that there was nO formal you. to in print organization within thelaw school some We expect to make mistakes, that articulates the special whether by deed or ommission. We also interests of Jewish students. If we expect that with time we will grow with each as individuals were not reading other, learn from each other, and all profit carefully enough during the from the experience. We welcome your beginning of last year, we now, as comments, your criticism, and your an organization, wish to put our protest on the record in light of participation. this rare opportunity where the clockhas been turnedback. — Unholy Alliance, Sorry Spectacle In his article, Mr. Chamberlain With uninterrupted inflation driving none of the parties above could take living and educational expenses ever higher, seriously themselves. and uninterrupted recession forcing Law students seeking loans to continue employment prospects ever lower, an their education are hardly seeking charity or alliance of University, NYHEAC, and some hand-outs from either government, society, nameless Federal bureaucracy has managed or the university, but rather only such to perpetrate the cruel irony of slashing financial arrangements as will allow them to student loan aid, the sordid details of which obtain their educational goals and then to are this issue's "Turn of reported in action repay the obligations incurred. For many Screw" the column. students, outright grants may be Explanations of this given by the such commercial loans unobtainable, Financial Aids Office are confusing, often unavailable, and part-time employment inaccessible or self-contradictory, and always senseless, for, nonexistent. For them, the evaporation, of what emerges seems to be a tableau in which educational loan funds is equivalent to the the Law School, the University, NYHEAC, evaporation of their hopes for the degree. and said nameless Federal Bureaucracy are arrayed in a circle, each party pointing Each year, the Academic Policy and accusingly to the one immediately to its left Program Committee sees repeated the sorry as the source of the current starvation budget spectacle of students flunking out of this for student loan awards. And starvation institution due to heavy outside work indeed.is the only adjective appropriate to commitments, often occasioned by the the description of a budget that fixes the unavailability of adequate financial aids. This maximum annual financial needs (exclusive year's slash in educational loans will, we fear, of tuition) of a law student at $2750, a make that sorry spectacle into a regular , ludicrously inadequate figure that surely parade. states, "There is not, so far as I am aware, any formal organization catering to the special interest of Jewish students whose goals are to Law Spouses capriciously denied a charter to Gentlepersons: the Male Law Students Association, their membership was absorbed into ours. Our meetings are attended by a generous proportion of students and non-students of both sexes not because they're fun, but because they're informative as well as fun. Should Master Chamberlain be at a loss to lampoon us, we might suggest such topics as the behavior of our children, rampaging through the faculty lounge on LSA meeting nights; or the paltry scholarship awards; or of lay to rest popular misconceptions sums our the quality of the box lunches we about our organization. at Student Law Spouses provide exam time; or the focus Association is not nor has it of our orientation program ... or the officiousness of our letters to been for the last two years known as "Law Wives": some of Opinion. But, Master Chamberlain, you us are not even married. We are, as cannot legitimately conjure smiles far as we can determine, the only calling us "Law.AVives". We are law school organization to by not. welcome all members of the community without regard to Sincerely, social, political or sexual affiliation. Steven Pheterson J. Many of our members are law Victor A.D. Rostow students whose non-student Timothy F. Stoufer spouses are male. Some of us are not espoused, and others are not even partnered. When SBA "Ray Bowie is the Business unreasonably, arbitrarily and Manager of Opinion. Ed." We, the undersigned, (law spouses to a person) wish to regfeter our grave disappointment with the quality of humor lately evidenced by the Opinion. Has Master Chamberlain nought else to do but cast highly inaccurate aspersions at the most homogeneous service organization at the law school? While we recognize that Master Chamberlain's oeuvre was meant in jest, we should like to seize this paltry corner of Bowie's Tatler to — Ailing LSD The resignation last month of SBA's Ist Law Student Division is becoming too' Vice President, attended unfortunately by monopolized by cliques, too politicized by some acrimony, has served the constructive ideological purists, or too dominated by function, it would seem, of focusing people whose overriding interest is to obtain attention locally on the ailments of the ABA electoral or financial spoils for their home own Law Student Division, ailments manifested schools. Developments within our both here and elsewhere by sharp ABA-LSD "circuit" (comprising N.Y., Conn., & Vermont) sadly lend credence to these membership declines. As reported last issue, ABA-LSD reports, as circuit activities have rarely membership at this law school has declined transcended the geographical boundaries of from 140 students in 1974, when 610 the Five Burroughs and nary a circuit officer students were enrolled, to a low of 85 last has ever performed his/her responsibility to visit, or even communicate with, upstate law spring, when 720 were in attendance. The SBA executive board has proposed schools. that the office of Ist Vice President, wherein One wonders, too, whether a perception responsibility for ABA-LSD activities has been vested, be abolished, to be replaced by of the ABA-LSD as "the activist group which an elected ABA-LSD delegate, whose sole shakes the conservative ABA tree," and explicit function would be building and attributed to the new national administration maintaining the Law Student Division of the Law Student Division, is alone a locally. The proposal is indeed laudatory and sufficient raison d'etre for an organization worthy of student support, for this which aspires to be seriously heeded within important function has been relegated to the profession. In any case, though our SBA is neglect under successive Ist Vice Presidents, but such local efforts will, it seems, committed to developing better local liaison accomplish little unless accompanied by with the Law Student Division, it also some genuine introspection throughout the behooves the Law Student Division to reflect upon itself, to maybe re-evaluate itself, and entire ABA-LSD organization. Disturbing reports have, from time to definitely to commit itself to developing time, been received from our delegates to better liaisons with law students throughout ABA-LSD functions to the effect that the the country. iqsk .wo t". '• >< '. •>' '■ • ' intent when he made this statement. During his past two years here, Mr. Chamberlain has been the school's most able social satirist. While we were chuckling along with Mr. Chamberlain, others might have been laughing the other way. Stereotypes if not handled properly, can create an atmosphere where serious social criticism is frustrated, and covert racist attitudes are obscured. Our position is best stated by the position paper of the Jews for Urban Justice (See Jewish Radicalism Porter and Drier eds.). When an ethnic or racist epithet is going to be used in critiquing a social process, it is best to have such a term uttered by a member of the group who it is about. If done by an outsider, such an utterance becomes suspect. An example of this would be where historian Henry Adams described robber-baron Jay Gould as the "perplexing Jew." In reality continued on page 10 — - — volume 16,No. 2 October 9, 1975 flnininn UUIIIIUII Editor in Chief: Carl S. Heringer Asst. Editor: Robin Skinner Business Manager: Ray Bowie Alumni Editor: Earl S. Carrel Jeff Chamberlain Contributors: Lawrence M, Meckler, Myles Elber, Cathy Staff: T.). Centner, Victor Rostow, Novack, Howard Achtsam, Andrew M. Puritz, Rosemary Roberts, Cris Carty, Philip Clarkson OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB. Amherst Campus, Duffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Fees. �October 9. 197S The OPINION 3 Side Brooklyn PresidnTt'h Corner Carl S. Heringer by Rosemary Gerasia Roberts SUBTERRANEAN LEFT-HANDED BLUES Well,here we go again. Another year at good ol' John Lord. And I'm delighted to see that the architectural designer is at work again making bigger and better boo-boos intended soley to waste the taxpayer's {soon to be you and me) dollars. Everybody knows that grass won't grow under pine trees don't they? The Battavia Turf Farms must really be raking in the green stuff. (Sorry). The only thing which saves my sanity is the smugsatisfaction of being a senior. (How sweet it is!) Seriously though, I have a lot of interestingand useful information to pass on. Welcome to Brooklyn, the fourth largest city, home for so many, and looking so pretty. That doesn't explain the title of this column. For that there's a reason, and one that is solemn. Not everyone tells why they chose a name, but I'll tell you why, if it's all the same. I would like you to listen, it won't cost a dime; I'll make it worthwhile, I won't waste your time. In bowling you can hit the pins for a strike, hit 'em hard and from the right. Come from the left and you've done it wrong. The odds on a spare have become very long. They have a name for that that's very snide, it's called coming from the Brooklyn side. That seems to mean that right is right and left is wrong. They'll know better, before too long. Left is beautiful, left is bright, left is powerful, come see the light. Left shall overcome the shadows cast by the ages of Man, we who have been looked down upon since history began, we who have been looked down upon by those who would damn. Our elders attempt tomake us righties early in life, but many resist, through hardship and strife. Our struggles continue without surcease many great men; Da Vinci, McCartney, Don Rickles, Robert Reis. Robert Fleming, Robert Blake, now listen and weep, our people include the Presidentand Veep. We're forty million strong in the U.S. today, and it won't take us long to have things our way. Yet you insist on holding us back, blatently displaying the wisdom you lack. That is a fact that cannot be denied. The evidence is clear, every item you find. Look at the radio, television, switch on the light. Find the controls, it's all on the right. The air conditioner, toaster oven, can opener, too; the gearshift in a car is on the right for you! The list goes on and on, need I say more? Keep on reading, you'll know why I'm sore. Well, what about me? Why won't you see you see a smileand I see a frown. Everything is backwards and mirrored and upside down. The bow for the arrow, the bolt from a gun, all reversed for me, do you think that is fun? Step first with the right, I must go left. The world is all wrong, are you all deaf? The fly on my shorts, thehooks on a brassierre, all on the right do I make myself clear? The time is ripe, the day is near. We'll stop the gripe, and then you'll hear. The sound of tearing, turning, bolts of thunder, the world you know ripped asunder. We will take over and after that night, you'll get up and you'll know that LEFT IS RIGHT! I sat and I thought and I said that's how life goes. And yet as I thought my anger rose. Lots of folkssaid my criticism was good. That they would change things if only they could. Well, that's not enough, stand up and be counted. When justice is here you'll know you helped found it. The English have shouldered their share of the load, they keep their cars to the left of the road. You fancy pen makers who write with wet ink, write with your left and see what you think. Your palm will black, or blue or red, now you'll believe the things that I've said. "Now wait," you've cried, "Don't be in a huff, you've showed us those great men, ain't that enough?" Hell no, I shout, that's only the start. You must live the cause, there in your heart. We've been beaten, maligned, and persecuted too. People stare at us as if in a zoo. We're kicked at and spat on and what could be worse? A "left-handed compliment" is naught but a curse. There are so many examples, with no time to tell. I don't have to spell it, you know them well. Remember, I warned you above, you've heard it before. We're no longer hiding behind the closet door. There's more of us now, whereever you go. You can't get away, and I'll have you know; this farce you call freedom has had its day. The world will no longer jump at your say. And when the end comes, you'll give up without a fight, because in your heart, you know we're right. — — — Legal Recording and Research Bureau, LTD. A Professionally Trained Clerk Service Adapted to the Following Types of Practice: ESTATE MATRIMONIAL NEGLIGENCE COLLECTIONS REAL ESTATE CRIMINAL For more information call 854-3260 or Write: Richard Wicka 1125 Walbridge Bldg. Buffalo, New York 14202 Mr. Perl has specified thatall orders will receive - Food and Recreation First, the tables and chairs are being returned to the second floor area for those of you who don't care to savor the gourmet cuisine next door. Negotiations are taking place with the FSA to again provide hot food service in the law school next semester. There is also a good chance that the SBA ping-pong table will make a come-back in one of the old eating rooms on the second floor. ConsumerDiscount Program The SBA is pleased to announce its Consumer Discount Program for thebenefit of all law students. The program, which is similar to Purchase Power, was initiated by the U.B. Alumni Association and offered to the various student governments for implementation. The Student Association has already adopted the plan and we are in the process of setting up its administration. When completed, the CDP will cover discounts on new cars, electronic and non-electronic equipment, tires, prescription and non-prescription drugs, group banking privileges and even Honda motorcycles. The area of electronic and non-electronic products is now available. Our dealer is Audio-Haven, managed by Mr. Allen Perl. Audio-Haven carries all brand names of stereo equipment, cassette and tape recorders, TV's, calculators, sewing machines, photographic equipment and supplies, etc., ad in finitum. (Other information is available in the SBA office, Room 113). Turn of by Chris Carty prompt delivery and all products include the usual factory warranties. All orders are made by appointment only. For an appointment call: Mr. Allen Perl, 836-3937. We hope that you will take advantage of this program and that it will provide the student with substantial dollar savings so sorely needed at this stage of our career. Announcements will be made as the other areas of CDP are confirmed. Drugs and Other Things of Importance Glenn Davis, SBA vice-president and vice-chairperson of Sub-Board I, has asked me to remind you that as members of Sub-Board, every law school student is entitled to make use of the following services: Birth Control Clinic, Family Planning and Pregnancy Counseling, Clinical Laboratory, Dental Clinic, YD Clinic, Allergy Clinic, Pharmacy (this will open sometime during October and will fill all student prescriptions at a price just slightly above cost). These services are run on an income-offset basis so there is only a nominal fee to the student. More information on these and other Sub-Board services will he available in the SBA office. New People to Bug Appointments Ken Kasden, Mary Clark, - — Sharyn Rogers. - - APPC Eric Zaetch, Ray Bowie. BPRC Tom Bondy. Admissions Horace Thomas, Don Monacelli. DVF LewisKlee, Bob Burick, Tim Staufer. Faculty Representatives Mark Moretti, Judith Silari, Jack Pawlik. Minority Student Affairs Glenn Davis, Jose Sosa, Tim Lovallo. In addition to the SBA, these reps are the only means of student input into the nether regions of administrative and faculty bureaucracy. If you've got a problem, a gripe, or by chance a useful suggestion make use of them! A Reminder The SBA meetings are on Wednesday of each week, at 3:30 in Room 108. All students, faculty and staff are invited to attend. Also the SBA office has been moved to Room 113. If you've got something to bitch about come on down. - - - the Screw proval process before the loan can be disbursed. (The other two involve a credit check by the bank, and a similar, but more limited, check by NYHEAC.) The University can be characterized to some extent as an unwilling acocmplice in this process. In effect, the University has no choice but to comply, since the banks will not disburse any monies without NYHEAC approval, and NYHEAC approval is contingent upon the University statement of the student's financial awards from the school. This regulatory process works effectively since NYHEAC insures the loan while the student attends school, and without this safeguard the banks would not lend the money at less than the NYHEAC loan money altogether. Discussion has been initiated between the Law School and the Financial Aid Office to urge the increase of the Law student's budget for the individual items, and the school has asked that the Financial Aid Office be scrupulous in reporting changes in the student's financial status to the banks in the hope that it may avoid either a 3% interim interest charge, or increase the amount of the loan. However, neither of these approaches go to the crux of the $2750 ceiling the problem since neither can ultimately affect the maximum amount which a student can receive in a given year. Thus, even if the budget for law students is increased, the result would probably be an increased allocation per student of NDSL loans or Work Study grants. This increase, however, would only decrease the amount of NYHEAC loans for which the student would be eligible. The only advantage to this result would be that overall, the student would pay out less in interest since the rate of interest is lower for NDSL loans than for the NYHEAC. In any event, even an increase in the NDSL loans per student would not be very likely since the school does not anticipate an increase in the amount alloted to it for disbursement.. The thrust of this column will be to resolve some of the confusion surrounding the disparity this year between the amount of NYHEAC loan requested by students and that received. By way of a short introduction, many students who had submitted applications for the maximum NYHEAC loan ($2500), have been unpleasantly surprised to receive approval for much less than that amount. The surprise stems from the fact that last year, in most cases, with the same amount of reported income as this year, students were able to obtain the maximum loan. This year, the amount approved has been cut, in some cases drasti- going rate. cally. The reasons for the sudden apThe reason for these cuts ap- plication of this rule are only parently arises from a longstand- speculations since both University ing federal regulation enforced and NYHEAC officials deny its rethrough NYHEAC that students cent implementation. They insist that it has been operative all amay receive no more than a combined total of $2750 in any given long. Its enforcement probably year in loans or other aid. Al- stems from the well-publicized dethough thisregulation has been on fault by increasing numbers of the books for some time, it ap- students on their NYHEAC loans. parently has never been enforced Since the corporation is underprior to this year. Thus, if a stu- standably interested in limiting its dentreceives a $1000 National Di- liability for these defaults, the imrect Student Loan (NDSL), he/she position of the $2750 maximum can only receive $1750 in seems logical. NYHEAC loans. There is little that the UniversThese calculations are reported ity can do to obtain more than on the student's application by the $2750, since the regulation is Next time: a preview of Spring the University Financial Aid externally imposed. To resist Office as part of the three step ap- would deprive students of registration. — — �October 9,1975 OPINION 4 Buffalo ENDBOFTH AR "Limbus Fatuorum" of university as community, a notion which if it made sense in a college of three hundred fifty, must TheParadise of Fools" make one hundred times more sense at a mega-versity of thirty-five thousand. After all, if one ThomasBlacklock ship can cross the ocean in twelve days, it stands to reason that twelve ships can cross the ocean in one Anotheracademic year is finally cruising along, day. Just think of the inestimable cultural benefits and with it goes the inevitable crashing and of compulsory social intercourse with seventeen year complaining of adolescent students who have the old undergraduateelementary education majors. infantile notion that this school exists for their When this is understood, the groundlessness of benefit. That such wrongheadedness could exist at criticisms of the fall course schedule becomes thislevel of academia is surely a tribute to the failure apparent. The dropping of civil procedure II is of American public education. A cursory obviously a progressive educational step, as is the examination of several of the more common non-existence of a course in federal jurisdiction. complaints reveals justhow groundless and frivolous Procedure is, after all, anachronistic, and is full of they are. technicalities which have nothing to do with the For example, consider the new bookstore. The Real World. Petty rules do not a lawyer make. Think former bookstore was inconvenient, overcrowded, of it this way: you haven't lost procedure courses, and understocked. Now we have an all-new facility, you've gained time in your schedule to Implement which is inconvenient, overcrowded, and (!) the Equal Rights Amendment, or to learn the understocked. Students who complain about always fascinating Law of India. And anyway, programslike that are crazy: the new bookstore is a procedure can always be learned by doing it. Where? Why, in the fake-law clinics,of course. Besides, they victory, or didn't you see the memo? Not only is the new bookstore an obvious make our Dean so happy. The shell-game of criminal procedure was improvement, but it is directly connected to the all-new, improved cafeteria. Originally, the Law deliberate, I suspect. Our faculty and administrators School cafeteria was rumored to have been planned are concerned with the emerging image of our law for the basement of O'Brian Hall. However, it was school. We need respect, a national reputation, and a soon discovered that since the building is sinking, the big-name dean. This means that we need lots more basement couldn't pass the health laws. Also the courses in corporations and taxation, decedents' basement was required for the cages. So, last year a estates and agency, so that our graduates can take makeshift cafeteria was installed on the second floor. their rightful places in the country clubs of the This worked out all right, so it has been replaced suburbs. It does not mean that we need more courses with empty space. Giant cavernous prairies of in criminal law. The last thing we want to do is concrete and glass, while an obvious improvement, graduate lawyers who hang around with dope fiends, did not provide the high-quality cuisine to which we criminals, and riffraff like that. Therefore, the had become accustomed, so a new cafeteria opened shuffling of criminal procedure right out of your in the basement of the building adjacent to ours. schedule was for your own good: looking out for the Evidently, the building is not sinking. The new reputation of the school is really looking out for the facility is so much better than the old thatit is hard value of your future unemployment. Isn't Attica to speak of it without damning with faint praise. enough? What do you think we are, anyway? From the exquisitely designed white, windowless Antioch? Chicago? rooms, one may gaze in Pavlovian delight at Finally, there has been some perennial criticism plastic-wrapped tuna and cheese sandwiches and of the SBA. Criticism of student government is steaming heaps of mystery meat stew (makes its own always justified. However, since I am always fair, gravy) with instant mashed potatoes, lovingly unbiased, and impartial where SBA is concerned, I poured; together, over a shingle. And where else can must take this opportunity to point out that the you get a cup of bad coffee and a three-day old tables on the second floor are there as a result of brownie for only fifty-five cents? SBA political lobbying on behalf of the legitimate Amazingly, there seems to have been some interests of all the students in this law school negative reaction to the location of the bookstore without regard to race, creed, color, sex, or national and cafeteria in another building. This shows a origins. Look at them, those tables and chairs. To complete misunderstanding of the goals and my mind this is without question the most aspirations of our university. We at the law school significant thing ever accomplished by any student are no longer forced to exist in isolation from the government organization in thehistory of the world. Rest-of-the-World, for now we are connected by And it is certainly one of the two or three most corridor and necessity to the Rest-of-the-University. important things that has happened since I've been This anti-parochialism is in keeping with the concept in law school. "Thy fairest prospects, rightly viewed, — Library Orientation Law Library staff will give orientation tours of the Law Library weekdays during the weeks of October 6 and October 13. The tours will last approximately one and one-half hours and cover the organization of the library collection, basic types of legal materials, and primary indexes and digests. Groups will be limited to a maximum of ten students and sign up sheets are available at the reference desk. Puerto Rican Law Students Set Up Recruitment Efforts The Puerto Rican Law Students Association has recently elected its officers for the 1975-76 academic year. The elected officers are: President Paul Figueroa Vice-President Carlos increase the number of students through an active recruitment effort. The recruitmenteffort will consist of mass mailings to various universities, in the New York, New Jersey and Pennsylvania areas, who have a laree number of — — Treasurer - Juan Navarez - Paul Rodriguez Secretary Spanish aiuuents. Voley In the last two years, there has been a considerable decline in the enrollment of Spanish-surnamed students at the law school. Thus, one of the main goals of the _ organization this year is to ' On site recruitment will be done in the Western New York area. In addition, various conferences will be attended, whose emphasis is recruitment of minority students into professional school-.' "~* J Legislation Project The twenty-nine member Buffalo Legislation Project has embarked on another ambitious semester of project work after having completed their summer activities of accepting new members, reviewing project requests and completing a special BLP summer project with the Corporation Counselof the City of Buffalo. Application procedures for the twelve openings on the BLP were conducted over the summer to lessen the conflict with classwork and exams. All applicants submitted a writing sample and a narrative resume which was reviewed by project editors. Duririg the months of July and August numerous research and statutory drafting project requests were received from various divisions of our state and municipal governments. These project requests were reviewed by project Director Mitch Wilensky and the BLP's five project editors, Terry Centner, Marty Krutzel, John McGilliard, Al Schein and Ira Wiesner. The viable projects were then presented this September to the BLP membership and each member selected a project for the fall semester. A special legislative drafting and research project funded by a fellowship from the Christopher F. Baldy Fund was also successfully completed over this past summer. Two BLP members, Robert Murphy and David Stever, worked with the Corporation Counsel of the City of Buffalo on housing code problems of the City. Bob Murphy drafted amendments revising numerous sections of the housing ordinance, including maintenance standards, structural defects, inspections and demolition procedures. Corporation Counsel Leslie G. Foschio has informed the BLP that Murphy's revisions will be considered by the Buffalo Common Council in the next few weeks. Dave Stever submitted an extensive report analyzing which tribunal would be most appropriate to deal with violations of the housing code. This report compared the powers and experiences of the New York City Civil Court, Housing Term and a proposed administrative tribunal for housing to the present powers and jurisdiction of city, county and supreme courts for handlingviolations of the City housing code. This fall the BLP is working, on thirteen research and drafting project*. Project members work individually or in small groups under an editor and receive assistance from faculty members. If the project involves a local project source, generally at least one meeting is held with an attorney from the source. Telephone conversations and written correspondence enable the BLP to keep in close contact with all project sources. Research is being conducted on four projects for the New York State Assembly Committee on Consumer Affairs and Protection. Morgan Seeley, Alan Lichtenstein and Leslie Haggstrom are evaluating the Federal Fair Credit Reporting Act and investigating credit agency procedures in order to enact legislation which protects possible derogatory information by credit reporting agencies. A review of legislation which would require loan agreements from banks to be written in clear, concise language is being conducted by Linda Heine and Sharon Goodman. Their report will include examples of loan provisions. Larry Scancarelli, LeslieKirschner and Bill Neilson are working on legislation relating to warranty agreements that would afford consumers of New York maximum protection against unusable and defective merchandise. These project members will evaluate the Magnuson-Moss Warranty Improvement Act and determine its adequacy in handling alleged consumer abuses, particularly devective new purchases. Legislation that would require the registration of home improvement contractors so as to protect consumers against "fly-by-night" contractors is being evaluated by Ingrid Hansen and Kandy Foust. Two BLP members are working with the New York State Senate Majority Leader's Office. Jon Factor is drafting legislation and supportive memoranda to enable law students to perform work normally requiring a lawyer who has passed the bar. Dave Stever is drafting an amendment to section 480 of the Election Law which presently limits the amount of political contributions by certain organizations. The Erie County Bar Association is the source of a project concerned with proposed legislation which would have the effect of making New York a "community property" state. Bette Gould, Gail Heppell and Dave Parker will be comparing proposed New York a Senate Bill to statutes of other community property states noting differencesand advantages and disadvantages. _ The BLP has accepted two projects from the Adirondack Park Agency. Dick Glick will be drafting statutory a amendment providing civil penalty provisions and language enabling the Park Agency to administratively settle members have served as court violations by enacting civil fines. Joe Melillo is developing a statute containing express provisions allocating burdens interpreters. This program will be proof of as the issue to of "undue adverse environmental impact" and continued throughout the year. We are presently planning with providing guidance as to the meaning of this term. Ron Wainrib and Linda Zablotny are reviewing environmental several of the Spanish radio citizen suit efforts of various jurisdictions and preparing critique of programs in the area to broadcast a a information dealing with "Your New York bill. This project is for the New York State Assembly Committee on Environmental Conservation, which hopes to move an Rights Under the Law." environmental citizen suits during the coming legislative session. Three projects are providing assistance to the Erie County It anyone is interested In" Attorney s Office. Jed Macy is researching a possible county-wide law helping us with any of these which would require the licensing of projects, please feel free to door-to-door solicitors. Thiswill proper legal vehicle for County promulgation of the include the contact us, in our office, room 604. continued on page 10 i' miniMii I—in Secondly, through the efforts of the organization, various ji �October 9,1975 OPINION 5 ANLD OGUS ISPARITIES by Waterman and Bick It has long been the practice of Dr. Elliot Waterman (BA, PHD, JD, MIA) to relax, after a stimulating intellectual bout with new and daring theories, by perusing several comic books before retiring. While he preferred the intricate plot structures and delicate character nuances found in the Marvel menagerie,' he still occasionally sipped at the DC fountain, finding comfort and security in the simplicity therein. He was so occupied when a new facet of legal thought first became apparent to him, namely, what'effect would there be upon jurisprudence if the world were to number super-beings among the population? "The consequences would be terrific," the enthused acadernian told his young, first-year student friend, Mr. Zacharia Bick. "Even to remain within the realm of your limited exposure to the law, it must be obvious that some of the most cherished opinions must Mr. Bick nodded eagerly. The doctor continued. "For example, what good is Hadley v. Baxendale and the hoary concept of foreseeability if the defendent were Dr. Strange, replete with mystic crystal ball? Of what worth is either of the Wagon Mound decisions if plaintiff were the Human Torch?" Perspiration glistened on Waterman's smooth, yetsomehow wrinkledbrow. . — Fishing Lecture . - - Grand Jury . Neighborhood Legal Services , by HowardAchtsam Neighborhood Legal Services, a part of the Legal caseload, each office is normally able to give service only to people in the area. If a person lives outside al! four target areas, the Civil Division of the Legal Aid Bureau of Buffalo will handle the case for a financially eligible individual. Neighborhood Legal Services, at certain times, further limits eligibility for present services. When the caseload in a particular office becomes excessive, priority is given only to emergency cases. Examples of such emergency cases are the discontinuance of welfare payments, the threatened eviction from a dwelling, or the discontinuance of electricity. Those people desiring a bankruptcy, divorce, annulment, or separation are placed on a waiting list until the office is able to handle the matter. The operating funds of Neighborhood Legal Services, which is funded through the Legal Aid Bureau of Buffalo, has, in the past, been procured from the Office of Economic Opportunity/Community Services Administration and from the United Way. The former provided 80 percent of the funds. The amount of actual monies received from each has been decreasing, while the potential client population has been increasing, especially because of the rising unemployment rate. The people at Neighborhood Legal Services hope that the creation of the new national Legal Services Corporation will improve the continuity of the Aid Bureau of Buffalo, Inc., operates four office in the cities of Buffalo and Lackawanna. These offices are located in four target areas, each using census tracts which have the highest percentage of persons who live in poverty. Neighborhood Legal Services uses the Community Services Administration Poverty Guidelines to determinewhich people in each of the four districts are eligible for legal services. As of April 30,1975, a family of four must have an annual income of $5,050 or below to avail themselves of this service. In addition, all persons whose incomeis derived solely from public assistance, or whose problem deals with an application for, or discontinuance of, public assistance are eligible, notwithstanding the total amount of their income. Public assistance includes welfare and Supplemental Security Income, the latter providing supplemental income for aged, blind,and disabled persons. Legal assistance is also rendered to eligible non-profit groups. Eligibility for such a group occurs when it does not have sufficient funds available to retain an attorney, and when the majority of its members would fall within the income and geographic guidelines of the Neighborhood Legal funding. Services. Each office gives priority to financially eligible persons who live in their district. Because of the high Next: Staffing and Functions ©reafiurcr'a Watt Notice to all students From: Cathy Novack, SBA Treasurer Reduction of OPINION issues from 13 to As many of you already know, the Budget Guidelines for the 1975-1976 12. Reduction of maximum convention academic year, passed by the SBA body at the April 18, 1975 meeting, provided for the allocation from $500 to $300. Reducation of maximum office supplies elimination of all student fee waivers. The Budget Committee, which I chaired, from $25 to $20. unanimously recommended this policy rather It should also be noted that the student than eliminating all organizational activity fee is $15 per semester; the $12.50 college order to maintain a balanced fee is an amount assessed by Albany conventions in budget which was not severely cut. which goes directly into an Albany account Examples of other budgetary cutbacks for building and construction, and has never been subjectto SBA use or control. include: , , . "But Doctor in a system which Mr. does one go about reforming Dr. —" began includes in its judiciary a judge Bick, to little purpose and less Doom? That might become extremely touch and go, who could merely will- everything avail. "Imagine, will you," said Dr. extremely touchand go ." to be sweetness and light. Why, Waterman, before pausing to draw "Or Luther," put in Mr. Bick. with but the most minute bit of as deeply upon the pipe-stem as "Yes, yes, him as well, of energy fromhis power"ring, Green he hoped to have his students course," said Dr. Waterman, with Lantern could fix Spano's garage draw upon this profundity, "the a Hegelian wave of his hand. and dig Perini's tunnel difficulties there would be in "ButDoctor —" simultaneously!" The good doctor enforcing the penal code. Who "Can you begin, can anyone absently began to fill his pipe in would dare restrain Superman? begin to fathom the complexities that smooth, practised fashion How does one exact revenge that would spring to life if the —" Beast, which so endeared him to his pets. "Expiation." not Hawkins, had tried to Mr. Bick watched in admiration as expiation upon sue McGee?" " Waterman, with nary a fumble, Spiderman? By spraying him with "But Doctor deftly removed the seeds from the Raid? What deterrent could "Yes, yes, —" what is it, Mr. Mr. Bick scribbled furiously in aromatic mass before tamping it capital punishment effect if the Bick?" his notebook: "Reexamine down within the glowing briar punishee is immortal? And "But Doctor. What about Hadßax. Discard WagMound .." bowl. further, tell me how, oh how, Peevyhouse?" He looked up, a question taking shape, albeit rather nebulously, in his as yet fundamentally undergraduate brain. "But —" continued from page I in 1972 when a leftist coalition government But Gardarsson warned of the dangers of the attempted to "To continue," ejaculated Dr. dislodge the NATO installation at NATO block to failing Iceland. Because of support Waterman (forcing Mr. Bick to Keflavic. scramble for his handkerchief in its strategic military position, Iceland has been Iceland occupies a vital position for observation acute dismay), "the tort concept actively courted by the communist block of sea and air traffic in the North Atlantic. It is also would cease to function Should western reaction lead to boycotts, tariff a listening post for traffic entering the North Sea and effectively small contradiction barriers or other economic sanctions,.lceland would the Atlantic from the Soviet arctic ports. of terms there I mean to say be forced to turn to the Soviets for both markets that torts would no longer be and military support. This situation almost occured Victor Rostow required undergo revision." ' ~ • ■ ■ .. continuedfrom page 1 confer with attorney outside; a request to be taken before a judicial officer for a determination of was derived from an illegal wiretap or actions in violation of the fourth was derived fron an illegal wiretap or actions in violation of the fourth amendment. No witnessneed fear to invoke his constitutuional rights. The Supreme Court has reversed several attempts to sanction or punish for this reason, including dismissals. suspensionsf and disbarments. Mr. Fahringer pointed to the trend towards narrow interpretation of the Fifth Amendment (Schmerber et al), that it "risks bankruptcy" and that we, as the new wave of attorneys, should make "every effort to reinforce it." Also, he noted the dangers of waived privilege, especially if the initial interview was not as thorough as it might have been, and the questioning goes beyond where it was expected to go. People v. lanello, 21 NY2 418 (C.J. BREITEL) is an excellent detailing of the witnesses' rights, so much so that Mr. Fahringer keeps a copy of it in his briefcase at all times. waived. A court orderis necessary in Federal court. Federal courts give "use" immunity. This prohibits the prosecutor from using the grand jury testimony against the witness at some other time, but he may get an indictment in the area convered by the current questioning. "Transactional" immunity is completeprotection at any and all times from indictment on that testimony. Personal Notes Mr. Fahringer has misgivings over the current utility of the grand jury. It has lost its primary purpose of protecting the witness or accused from unjust accusations and litigation. Today it is an arm of the prosecutor, following his dictates rather than being an independant body. Mr. Fahringer feels that the process should either be restored or done away with, leaving the decision on who to prosecute to the He prosecutor, officially. concluded his well received lecture with a statement deploring the recent use of the grand jury in New York City for "fishing" expeditions, based on flimsey or fabricated evidence, in order to discover some sort of incriminating facts. There is Immunity definitely something wrong with In N.Y.S. a witness has that use of (heVrand jury, he automatic immunity, unless declared. / O:. ■'■^: i|J .If? Vn| $mmt 9m Jr m _P*t <!? a\ '. ||iv.;ifc: ■:.;tp__-_k_H| Typeset an*printed for a crisp, clear; Professional look! 50 copies 100 copies 1-page 2-page 3-page 17.05 27.35 32.25 37.65 16.25 24.75 Visit our office; see our extensive portfolio of finishedresumes! Normal turnover: 4days. 50% deposit. University Pressat Buffalo " 361 Norton Hall 831-4305/831-4215 "~i *a division a ofSub-Board I, Incorporated, student-run. not-for-profitcorporation. �From One Room to O'Brian Hall... OPINION is immeasurably indebted, for the material on which this article is based, to Gilbert J. Pederson, author of the 1962 history spanning the first 75 years of Buffalo Law School; to Professors Hyman and Newhouse, who directed the author to more recent records; and to Roy Nagle and the Buffalo-Erie County Historical Society for many of the photosreproduced herein. J. Bowie School, opened negotiations with Niagara University, an institution founded by the Roman Catholic Diocese of Buffalo, and suggested that Niagara sponsor the law school without assuming any pecuniary obligations for its maintenance. Supported by Bishop Stephen V. Ryan, the lawyer's petition was accepted by Niagara University's Trustees in March of 1887, and later in May of that year, the governing Articles of the Law School were formulated, appointing Supreme Court Justice Charles Daniels the first Dean and stipulating that "the Law Department shall in no case ask for any financial aid from the University," nor for any compensation for the faculty. On October 1, 1887, the first class of the Buffalo Law School-met in a small room of Niagara University's Medical Department, then occupying a building on Ellicott Street. The first faculty included the dozen or so founders, several judges, and lawyers practicing in the city. The first classnumbered fifteen. by Raymond In the year 1887, the* year in which the future Faculty of Law and jurisprudence was to have its modest beginnings, law schools generally were not very popular, either with the public-at-large, local politicians, or the profession itself. Lawyers were quite satisfied with the on-the-job office training which was then the usual route into the profession, while state legislators were as reluctant to appropriate public funds for legal education as they were for any form of higher education. While it is true that progressive minds in the 1880's recognized that law school had superceded the law office as the proper training ground for the profession, no law school existed anywhere in New York State west of Albany, even though Buffalo had grown rapidly in that era, with a Bar numbered at over 400 keeping pace with the increase in litigation and commercial transactions in a city of 250,000 in 1887. The University of Buffalo, somewhat unique in having been founded around its Medical School in 1846, was by 1887 contemplating the addition of academic, theological, and law colleges, the latter considered upon the prompting of University Chancellor Millard Fillmore as far back as 1862. Through the 1860's to 1880's, silentbut m persistent lobbying was conducted on behalf of a law school in Buffalo. The newly-founded American Bar Association recommended, in 1880, that local Bar Associations further the maintenance of law schools, and around the same time, an influx of "new blood" into ÜB's Council began to counteract the earlier pessimism surrounding University expansion, with the result that a committee of the Council was directed in 1886 to "investigate the subject of establishing a Department ofLaw." Negative Findings, Positive Action Investigate it did, but early in 1887, the committee presented a disappointing report, alleging that legal education was not as rigorous as medical education and hence did not require similar professional training. Moreover, the Council was asked to seek the , establishment of Cornell University's law school, then in the planning stages, in Buffalo rather than Ithaca, an arrangement which was, needless to say, not forthcoming. Perhaps anticipating ÜB's adverse report, a dozen or so Buffalo attorneys, sometimes designated the founders of the "A Happy Compromise" The type of Law Schoolenvisioned by the first faculty has been described as a happy compromise between the theoretical tendencies of some of the existing schools and the law office training which had predominated. "It is a practical school," said the Albany Law Journal of January 7, 1899. "It does not go deeply into the history or theory of law; but it points out to its students, the things they most need to know in successfully practicing their profession." JusticeCharles Daniels, First Dean Adalbert Moot, Second Dean 1887 -1897 entered the first-year or "junior" class. At the conclusion of the academic year, the Schoolheld its first graduation exercises, as eight students received the degree of Bachelor ofLaws from Bishop Ryan. As the third year began in the fall of 1889, the faculty initiated measures to separate the Law School from Niagara University, but an enabling bill introduced in the State Legislature to accomplish this later failed when the Regents expressed disapproval of the separation. Back to UB In the academic year 1890-91, however, the faculty conducted negotiations directly with the Regents for a special charter _which would allow the separate incorporation of the Law School, but when it was discovered that certain Regents policies with respect to exams would conflict with School policies, the faculty decided instead to cast their lot with the University of Buffalo, whose Council this time acted quickly to affiliate the Law Schoolwith ÜB. The graduating class of 1891 became the first to receive their degrees from ÜB, as the Law School became the University's third school, joining Medicine (1846) and Pharmacy (1886). According to Vice Chancellor Putnam, who presented 13 degrees in 1891, UB was extremely pleased with the incorporation of the Law School, terming the University its "natural home." Again, the University was not to be liable to the Law School for any debts, though by the same token, the School was permitted to retain its profits, a proprietary form of operation common to schools of the time. The first thirteen years within the University of Buffalo were precarious times in which the School strove to justify its existence, and Dean Daniels often questioned whether a school unfunded and under equipped, with volunteer staff, could endure. Imbued with this vision, twenty-one judges and attorneys lectured to the fifteen students, eventually increasing to twenty (a In 1893, the School moved again, this remarkable FTE of 1:1), most of whom time to the upper floor of the Stafford were Buffalonians. The annual tuition, Building on Pearl Street, whereit remained which remained constant until the 19205, until 1896. It was estimated, incidentally, was set at $100, and total living and that, of those studying law in Buffalo six education expenses were estimated at $200 years after the School's founding, half that first year. Some of the students attended the Law School while the others apparently took the Bar Exam after only still studied in offices. one year of attendance and did well, indeed standing "first in excellence" as After the School had moved to the newpaper reports had it. ninth floor of theEllicott SquareBuilding, Within one year of its founding, the Dean Daniels died late in 1897, and School had to petition the Public Library Adelbert Moot was elected to that vacancy for the use of one of its lecture rooms, as the School's second Dean. That same which was rented for the sum of $100. The year, the Board of Regents reported that Law School was to use the Library the Bar Examiners hadranked Buffalo Law School first among the State's seven law facilities on Clinton Street until 1893. In that second year, only eleven of the schools in terms of standards and the first class returned as "seniors," while nine percentage of successful Bar examinations. Distinguished Alumni The next year, 1898, saw the graduation of a distinguished class, among whom was John Lord O'Brian, ranked by the yearbook as the "brightest" in the class. The Class of 1899 was distinguished, however in another way, since in that year the School graduated its first women students, Helen Rodgers, an outstanding feminist, and Cecil A. Wiener, who became Erie County's first Children'sCourt judge. And among the 1900 graduates was Joseph Rosch, who was the first alumnus to be later elevated to the state Supreme Court. As Adelbert Moot was serving as acting Dean, the faculty had been searching for a full-timeadministrator, eventually selecting Christophen G. Tiedeman for the post in 1902. Tiedeman, however, died only one year later, forcing a resumption of the search into 1904, when Carlos C. Alden was chosen as Dean. Tiedeman and Alden had been personal friends on the New York University Law faculty, and it is thought that Tiedeman himself recommended Alden prior to his death. With Alden's assumption of the Deanship in 1904. began a career as head administrator that was to last 32 years and Medical College Building of Niagara University FirstHome of Law School, 1887-1888 a period of teaching which spanned 50 years. In both 1905 and 1907, all the graduates who took the bar exam passed without exception, and in 1906, Dean Alden arragned for the School to offer the degree of "Master of Laws" to students already holding the LL.B. An Active Dean As the original professors were gradually retiring, Alden was successful in replacing them with outstanding leaders of the Bar, including John Lord O'Brian, after whom the new building is named, and Charley B. Sears, to whom the new library has been dedicated. Alden himself remained active in other spheres. When Governor Charles Evans Hughes needed a counsel in 1908, O'Brian, �A History of the Law School who had served in the Assembly, recommended Alden, who took a year's leave to accept the appointment. Having served in that post, Alden was appointed one of the State's three Commissioners on Uniform Laws, to which he contributed until 1926. Moreover, he found time to mix politics with academics when, in 1912, he ran unsuccessfully as the Bull Moose Party candidate for Court of Appeals. In 1913, the School left Ellicott Square for the upper floors of the Third National Bank Building on Main Street, where it acquired three times the floor space it had' at Ellicott. From these facilities, the School could continue to boast, as it did in its catalogs of the period, of its proximity to downtowncourts and attorney's offices. Four years later, the space in the Bank Building was no longer available, though a lease was obtainable for 77 West Eagle St., in a building formerly occupied by Hoyt & Spratt. Thus, in 1917, the School moved to what would be its location until the opening of O'Brian Hall in 1973. When the faculty decided in 1920 to exercise an option in the lease to purchase the property for $45,000, it was first believed that, in as much as the Schoolstill Through this door on the third floor of the old Third National Bank Building passed tha law students in attendance during 1913-1917. received no central University funding, the faculty would have to use their personal credit to raise the money, but that same year, centralized accounting was instituted by the University and consequently UB agreed to assume the Law School's mortgage. Deficiencies Spotlighted In 1922, Samuel P. Capen was elected Chacellor of the University and, in reveiwing each school closely, found that the Law School did not "resemble the picture of the ideal Law School which has gradually been outlined by the American Bar Association," particularly in as much as the School "has not raised its entrance requirements beyond completion of a high school course and its teaching staff contains but one person whose primary occupation is instruction." Dean Alden was quite cognizant of the School's deficiencies in these areas, for he had reported to the Chancellor that "the desired type of legal instruction is beyond the conception of the student of eighteen, fresh from high school," noting that the presence of such students was retarding the rate of instruction. Alden also stressed the need for paid instructors, expressing the hope to the Chancellor that "the financial needs of v the other Departments of the University may no longer require a diversion of such huge proportions of the receipts of the Law School." Chancellor Capen believed, however, Schoolhad not been approvedby the ABA summer course program that ÜB's .foremost obligation was to promote the College of Arts and Sciences, and increased support to the Law School was not immediately in the offing. In the area of admissions, the School, following the suggestions of the ABA, changed its admissions standards so as to require, after 1925, ,one year of college study in arts and sciencesand, after 1927, two full years. The tightening of admissions standards had no effect on the number of admissions, for the class entering in 1923 proved to be so large (92) that Townsend Hall in Niagara Square had to be utilized for overflow lectures, despite what Dean Alden described as its poor acoustics. , Enrollments Boom, Space Shrinks The entering class of 1925, the largest in the School's history until the late 60's, numbered 167 and bulged the total enrollment to 334 students, creating a space shortage only partially alleviated by access to Townsend Hall. It was not until 1927, however, that the Chancellor urged that "the provision of adequate space for the Law School is now one of the nor had it joined the Association of American Law Schools. In 1921, the ABA had established minimum standards for its approval, which Buffalo failed to meet in the areas of adequate library and sufficient full-time faculty. In the academic year 1936-37, the pleas of Dean Alden over the years were finally heeded, as the hiring of four additional full-time instructors brought the proportion of full-time faculty to 3/4 of the teaching schedule. During that same year, over 3,300 volumes were acquiredby the library, so that the facility met both ABA and AALS standards. As a result of these improvements, the School received the provisional approval of the ABA and was admitted to the Association of Law Schools in 1937. The academic program also expanded its horizens that year, when mandatory moot court work was introduced for freshmen and twelve seniors received clerkship experiences from Supreme Court justices. Dean Shea's second year saw similar progress, with another 3,000 volumes provided the library, additional full-time faculty, and every senior participating in seminar instruction. A combined Business Administration and Law degree program was launched that year, allowing the granting of both B.S. and LL.B. in six years of study. Shea's second year concluded with the celebration of the School's Fiftieth Anniversary, during which ceremonies the School was described as the "Little Harvard"due to the preponderance of Harvard-trained faculty. When Mr. Justice Louis Brandeis retired from the Supreme Court in 1938, he broke up his working library and made a gift to the School of some of the more important contents, a development whjch augured well, for in that year, the provisional approval of the ABA was made final. The genesis of the future Law Review has been traced to a project undertaken by twelve juniors who, under Prof. Louis L. Jaffe in 1938, prepared case notes for the Erie County Bar Association Bulletin, initiating a program which was to continue until the founding of the School's own 77 West Eagle St Home of Law School, 1917-1948 University's most pressing priorities." A n endowment fund campaign was begun in October 1929 but was immediately hobbled by the stock market panic occurring days later. Without the funds to enlarge the Eagle Street building, the University agreed with Dean Alden that "clearly the numbers must be limited unless it should be possible to provide larger quarters," leading to enrollment restrictions during the depression years. Dean Alden had requested an increase in the School's full-time staff, but the University Council failed throughout the early 1930's to appropriate additional funds. By June, 1936, Dean Alden had reached 70 yearsof age and, under UB regulations, was compelled to retire as Dean, though retaining his professorial duties. Eulogized Chancellor Capen: "The Law School is the visible embodiment of his rare ability and his high concept of training for one of the most exacting of the learned ... Review in 1950. In 1939, Dean Shea received a leave of absence, which later became permanent, when he was appointed Assistant Attorney General of the UnitedStates, leaving Mark DeWolfe Howe as Acting Dean. That same year, interdisciplinary cooperation with other University departments was expanded to allow talented undergraduates in History, Government, and Economics to transfer in their fourth year to the Law School as entering students. Depression & War: Dark Days The year, however, also brought the frank recognition of a serious problem, the unsatisfactory record of graduates in the State Bar examinations, as indicated by the fact that only 32% of the 1938 Class passed the exam as compared to 54% state-wide. Dean Howe attributed the poor record to a policy whereby "we are admitting to the School, are advancing from class to class, and are graduating young men and women who are not _ qualified." The coming of the War to America in professions." 1941 reduced enrollment even more than Upon Alden's retirement in 1936, had the Depression, forcing a decline from Francis M. Shea, who at the time of his 200 in 1936 to 140 in 1941, with only 62 appointment was general counsel of the students graduating in 1942. Military requirements also took their Puerto Rico Reconstruction Administration, was selected as his toll on the faculty, as Dean Howe was successor. Facing antagonism from some granted a leave to accept an Army alumni who opposed any replacement for commission and Philip Halpern became Alden, Dean Shea had more immediate Dean. Total enrollment was only 52 in the concern with winning national acceptance fall of 1942, and of those 30% withdrew, for the Law School, as at the time the largely because of military service. A begun that year was to continue through the War years so that students, including those entering the service, women, and men with 4-F status, could receive the LL.B. in two years and take their place in public life at the earliest possible date. Enrollment declined even further in 1943, dropping to 35 students, women comprising 26% of the student body. Though 60% of that year's graduating class passed the Bar exam, Dean Halpern was reluctant to draw conclusions from the statistic as there were only five in that class, but he did cite a curriculum change placing more emphasis on local law and courses designed to prepare students for the exam. At the same time, the faculty stressed public law courses to cope with the increase of governmental regulation necessitated by the War. Enrollment reached its nadir of 23 in 1944, but the School strove to maintain academic standards, an effort evidenced by six freshmen being dropped for scholastic failure and seven of nine graduating seniors passing the Bar. Li ke Dean Shea before him, Dean Howe, after assisting the U.S. Army in setting up governmental systems in liberated countries, elected to return to his alma mater, Harvard, to teach in 1945, and hence Halpern remained as Dean. With the conclusion of the War, enrollment soared, reaching 119 in 1945 and bringing 200 applications for 1946 admission, many from discharged veterans. The School had been on an accelerated two-year program since 1941, and the faculty moved to return to the normal three-year schedule with the Class of 1946. With that decision, the faculty considered the possibility of two sections in the freshman class, thus allowing enrollments greater than the maximum of 150. The difficulty of securing additional faculty and the inadequacy of the library both, however, weighed against the plan, and it was dropped. In 1946, Dean Halpern relinquished the administrative reins to ascend to the State Supreme Court, upon which Louis Jaffe succeeded him as Dean. Dean Jaffe was immediately faced with the problems of a swollen freshman class and an outdated curriculum, which at that time failed to include courses in the new administrative areas of law. . War Ends, Enrollment Soars Enrollment rose sharply from 210 in 1946, to 274 in 1947, and to 318 in 1948, in which year a successful fund drive coinciding with ÜB's Centennial yielded enough money for plans to be drawn for a new building at 77 West Eagle. The faculty estimated the size of future student bodies at 200 to 250, and a three-story structure with 28,000 square feet of floorspace was laid out on the drawing-boards for the Eagle Street plot. For once, the University shared the School's concern with overcrowding, and in 1948 the Council entered into construction contracts leading to the leveling of the old structure and swift construction of the new. In the interim, classes were conducted in Townsend Hall, the County Building on Delaware Avenue, and even in the Prudential Building. Thishistory willbe continued the next issue of OPINION. in �October 9,1975 OPINION 8 Activities and Goals of Environmental Law Society Jewish Law Student News SEPTEMBER 1975 (This is a copy of the J.L.S.A. policy statement for the 75-76 year which was initially distributed to all members present at the most recent meetings. All ; students are welcome to attend.] The purpose of the Jewish Law Students Association is: 1) To heighten Jewish cultural consciousness among law students, and to act as advocate of Jewish academic and cultural interests within the law school. from left to right, and also reflects a diversity of religious commitment from traditional orthodox to non-observant to non-believing. Last year's I.L.S.A.'s accomplishments include: 1) Negotiating to amend the law school's calendar so as to conform with the observance of important Jewish holidays. 2) The filing of a complaint with a local law enforcement agency to investigate an anti-Semitic remark, made by a police officer, and directed at Kunstler. Attica attorney William 3) Acted as legal observers at a demonstration protesting the appearance of members of the 2) To lend our support and apply our legal skills to National Socialist White People's Party (1.c., the the solution of problems of Jewish community American Nazi Party), on Channel 4 T.V., groups and interests. Buffalo. 3) To make overtures to other organizations who classes in the study of are interested in social criticism and social 4) Conducted a series of Talmudic Law and is currently working for its change as minorities in America. adoption as a credit-bearing course by the law school. 4) To encourage rational dialogue concerning the Some of this year's projected goals and activities problems of peace in the middle east. include, continuing to work for changes in the academic calendar, another term of the Talmudic 5) And to actively combat anti-Semitism in Law class, working for kosher food in on campus Western New York, throughout the State and vending machines, and sponsoring speakers at the wherever we can assist in this crucial struggle. University including noted linguist and critic of American foreign policy, Noam Chomsky. The Jewish Law Students Association (J.L.S.A.) The J.L.S.A. office is Room 10, O'Brian Hall was formed in the autumn of 1974. It is chartered (next to the Moot Court Office). Anyone interested by the Student Bar Association as an official law in more information on the organization should student organization. The membership embodies inquire there. (Meeting Thursday Nite Oct. 9th 7 women and men with a spectrum of political views p.m., Jewish Center of GreaterBuffalo, Amherst. The Environmental Law Society is an organization of law or state-wide container control legislation. — work students concerned with 3. Nuclear Education with Western New York PIRG environmentalproblems on a local organizing in Energy an and national scale, and Internship Program and particularly concerned with legal Nuclear Teach-ins. issues surrounding those 4. Nuclear Reprocessing Plant, problems. West Valley, New York assist Our activities include legal the Sierra Club in its suit research on specific problems, against Nuclear Fuel Services often in conjunction with other and its attempt to expand its environmental and student nuclear reprocessing plant. organizations (such as PIRG, Adirondack Park Projects 5. Sierra Club, Buffalo Legislation assisting the Adirondack Project), educational functions Council, a coalitionof national such as the presentation of films environmental groups, whose and speakers, and informal social activities such as hikes, bicycle main functjon is to protect the Adirondack Park Private Land trips, and camping trips. In the Use Plan and the authority of past, the group has undertaken Adirondack Park Agency to such projects as drafting protect the Adirondacks from returnable container legislation, legal and surveying congressional attitudes a series of political challenges from on a plethora of environmental developers. Work could include issues, compiling a list of bills assisting the Council in its before Congress relating to food intervention in court and in and agriculture, and researching administrative proceedings. the N.F.S. West Valley Nuclear Reprocessing Plant and Delaware 6. Work on film series. 7. A tour of the Bethlehem Steel Park Lake controversies. Plant and its Pollution Control A number of interesting devices. projects and activities which we planning this include: year Of course, your own ideas for will be legislation to projects are most welcome.Please 1. Bicycle Paths allocate highway tax revenues feel free to discuss them with us to bike path planning, at future ELS meetings, or any construction, etc. convenient time. Officers are: continuing work Howard i.osenhoch, Paula Kane, Bottle 2. Bill toward the passage of county Dave Munro, Brenda Desmond. — — — — Demise in Land Use Planning by T.J. Centner The decision by the Court of Appeals in Keystone Associates v State of New York, 33 N.Y.2d 848 (1973), may raise a new hurdle for planners and municipalities in New York and severely limit future planning efforts in this state. It may now be possible to sue in the Court of . Claims for damages arising from a regulation to violate either the land use regulation before State or Federal Constitution then challenging the constitutionality the provision could be found to of the regulation. be null and void or the court In the past land owners could grant other appropriate affected by governmental land use relief. The municipality could restrictions have applied to the then attempt to draft a new state supreme court for a regulation if it felt that such was determination of the desirable and was legally possible. constitutionality of the If the Court of Claims is able regulation. If the court found the to award compensation for damages from an uncontested response would be a relaxing of governmental land use regulation, existing zoning and land use an unfavorable determination for controls and an inhibition to a municipality could mean a adopt new controls or land use significant monetary judgment. programs. Thus, this development Since these claims would be of Court of Claims jurisdiction for difficult to anticipate, damages from land use regulations municipalities might be forced to could severely limit the future relinquish some of their control planning efforts of our local and over the allocation of their state governments. financial resources. A more likely Sojourner's Truth (Sojourner's Truth is the column of the Association of Women Law Students. It will serve as a forum for the discussion of issues of concern to women. People involved with the College, would never have dreamed of opening their mouths in or office. Ideas expressed in this column do not necessarily reflect the "official" policy of the Association.) THE WOMEN'S STUDIES COLLEGE It is ironic that Title IX (20 U.S.C. 1680 et. statute designed to eliminatediscrimination against seq.), a women in education and athletics, is currently being turned against the Women's Studies College. The College is being for its use of the pronoun "She" rather than "he" in its charter as a generic term referring to people, and its exclusion of men from a few of its courses. Can the exclusion of men from certain courses be justified? It is important to understand the background of women's studies, and autonomous women's groups in general, before branding a dedicated group of feminists as "sexist" for closing off certain courses to men. The largest 213 Women in course offered by the College Contemporary Society. The course is divided into several sections, and taughtby members of the "213 Collective", a group which rigorously prepares and revamps the course every summer. Besides utilizing required readings and guest lecturers, the course draws heavily on the life experiences of the women who take it. Women are encouraged to relate their own experience to the topics studied. The course at one time was open to men, but it was found men had a disruptive effect on the learningprocess. The success of WSC 213 is evidenced by its oversubscription, whichhas 'resulted in many..women being closed out xlue.to.lack .0f... - space. One of the goals of WSC 213, and other Women's Studies courses, is to help women gain self-confidence, assertiveness, and pride. The skills and knowledge acquired through Women's Studies carries over to other areas, where women speak up coherently in classes, tackle formerly male bastions like law and medicine, work effectively and assume leadership roles in various organizations,and show an ability and desire to takecontrol of their lives., At the hearings held last year when the Colleges' charters were being reviewed, Women's Studies College made the strongest showing, attracting three hundred supporters, many of whom were men. Speakers from the College were extremely articulate, well-prepared, and able to think on their feet in the face of difficult questions from the Chartering committee. Many of these speakers were women who, before getting involved with the College, would never have dreamed of opening their mouthes in a classroom of thirty people, let alone an auditorium filled with three hundred. Each semester, the College, on its shoestring budget, contributes to the growth of hundreds of women. Its reputation is nationwide, attracting students, faculty, and visitors from all over the country. It has served as a resource for people and organizations in Buffalo, and is very active in community,colleges, and University affairs. The chartering process resulted in Women's Studies College being gi anted a provisional charter, renewable after eighteen months. The College met the conditions set by President Ketter, only to be hit with new demands from Vice President Somit. The University administration, by reneging on agreements and constantly threatening to shut down Women's Studies College, or some of its courses, has caused the College to expend a huge amount of timeand .£ae._gy_.de.ending.itself. It is a tribute to the fortitude of the College that it has been able to sustain high quality educational programs while fighting for survival with each new attack. The purpose of Fourteenth Amendment Equal Protection and anti-discrimination legislation can most reasonably be seen as an effort to protect members of those classes which have been traditionally discriminated against. The Supreme Court, in Kahn v. Shevin, 93 S.Ct. 1734 (1974), upholding a Florida tax exemption granted to widows but not widowers, recognized that legislation which alleviates the burden caused by past discrimination may not necessarily be violative of Equal Protection when it operated in favor of the historically oppressed group. It cannot be argued that women in the University of Buffalo (where they comprise only 17% of the faculty and of the administration) are an oppressed group. The 0% affirmative action plan proposed by the administration calls for decreasing the number of black people and women in certain sub-divisions including the Law School. The "Plan" takes the number of female lawyers in 1970 as an "Availability pool" and, finding 4.6%. of lawyers were women in 1970, projects that withtn five years the number of women on the Law School faculty should be decreased from five to two! We would hazard ah educated guess that the University's plan is unique in misconstruing affirmative action to mean a limit on the employmentopportunities of minoritiesand women. - , Women's Studies College has acted as an "affirmatvie action" program to remedy past discrimination, and it is hard to believe attacks on it by the University administration charging "sex discrimination" are in good faith. �October 9,1975 Introducing ... OPINION 9 BALSA Meets The Black American Law Students Association (BALSA) of Buffalo Law School held its first weekly meeting on September 9, 1975, to determine some of its programs, goals, and ongoing commitments for the 1975 1976 terms. The officers for this school year are Brent L. Wilson, president; Gerald A. Hudson, first vice-president; Eric V. Turner, second vice-president; and Charles L. Wilson, secretary. Lee A Albert — he was Editor-in-Chief of the Yale Law Journal. Upon graduation, Prof. Albert clerked for Mr. Justice White of the U.S. Supreme Court. From there, he taught law in the London School of Economics and Political Science; became an assistant U.S. attorney for the Southern District of New York; went to Columbia University where he lectured in addition to being the Project Director for Among BALSA'S upcoming the Columbia University Center on Social Welfare Policy and Law. goals is the operation of a viable This semester, Prof. Albert is teaching Administrative Law. Next semester he plans to minority student recruitment teach Constitutional Law and a seminar in Social Legislation; dealing with welfare and program, which will be jointly sponsored with the Puerto Rican health care. There is also the possibility of a seminar in Separation of Powers. Prof. Albert serves as a consultant to the Administrative Conference of the United Law Students Association. This project will be States, a semi-official government-funded group formed to study and recommend changes recruitment designed to attract minority for the improvement of the Administrative process. Based in Washington D.C., outside students from all areas of the consultants undertake various projects for the group. He is also involved with the Association of Ajnerican Law Schools, Section on Administrative Law. His many include issues of presidential powers, administrative law, and taxation. His hobby is skiing, and basketball games are his favorite T.V. viewing. country. Plans and preparations are also underway for the formation of a tutorial service, in which first-year students can receive academic aid from professors and upper class students to supplement their classwork. Professor Michael Davidson, chairperson of the Minority Students Affairs Committee, has assured his committee's cooperation and assistance with the implementation of the recruitment and tutorial programs. New students are welcome to BALSA, and are urged to take an active participation in the plans and activities. Meetings are held every Tuesday from 11:30 to 12:30, in room 106 of the law school. Abortion Symposium »lications Martin E. Lybecker An adjunct Professor of Law at Georgetown University Law Center, now a visiting Professor of Law, Professor Lybecker has an extensive background in taxation, corporate and accounting law. Receiving a 8.8.A. degree with honors from the University of Washington School of Business Administration, he then got his J.D. from the University of Washington School of Law in 1970. At the same time, he served as a lecturer in the Dept. of Accounting of his Seattle alma mater. He received an LL.M. (Taxation) from N.Y.U. in i. /1 ariu iciuirieu lo .eattie that summer as an associate attorney with a firm there. He then went to Philadelphia, where, while a part-time associate, was also a Graduate Fellow in the Center for the Study of Financial Institutions and the_Securities Markets. In May of 1973 he got an LL.M from the University of Pennsylvania School of Law. Professor Lybecker then served as an attorney for the Office of Chief Counsel, Division of Investment Management Regulation, S.E.C. Washington D.C. This semester, in addition to teaching Corporations, he has teamed with Professors Greiner and Spanogle in offering a series of non-credit lectures in accounting for law students an area in which the need for such a course has been sorely felt. Next term he plans to teach Securities Regulation, and a seminar in Business Planning, coaling with problems of corporate, tax, and securities law, providing a "realistic view of a lawyer's work in these areas, bringing relevant.legal documents to bear upon an actual problem ."Also planned for the 1976-77 year is a seminar on the Regulation of Financial Institutions and Institutional Investors, to deal with the different financial institutions in our society having the same functions, but operating under "differing regulatory structures with various degrees of success and constraints.. ." Outside of O'Brian, Prof. Lybecker is involved with a round table called the Buffalo. Federal Securities Law Group, which follows legal development in their field. Also, he is assistant to Assistant Reporter part 9 of A.L.I. Federal Security Code Project, Victor Brudney of Harvard. His hobby is photography,and his favorite T.V. show is "Upstairs, Downstairs." — .. . Joan Hollinger iiiii nysba PANELS SPEAKING AT THE NEW YORK STATE BAR ASSOCIATION ONE ELK STREET. ALBANY, N.Y. 12207 AS A NYSBA LAW STUDENT MEMBER, YOU'RE ENTITLED TO: •• • • The Journal The State Bar News Admission to all Association, Section and CLE programs at special rate Life insurance at unmatchable low rates (NO MAILINGS JUNE THROUGH AUGUST) $3.00 DUES DATE NAME_ — MAILING ADDRESS LAW SCHOOI DATE OF BIRTH headlines. — year of law school and expect to I am in my of If elected will graduate in 1 abide by the Association's Constitution, Bylaws and Code ofProfessional Responsibility. During Clark Kerr's transition from President of University of California to Chairman of the Carnegie Commission on Higher Education, she served as his speechwriter and editor. She came to Buffalo in 1969 when her husband joined the U/B faculty. In 1971, after her son's birth, she started Law School. The '72-73 year was spent at Berkeley, where her daughter was born two days before the start of the second semester. She completed her J.D. in 1974 and went to work as an associate for the firm of Setel and Dopkins in Buffalo. Ms. Hollinger is now teaching Gratuitous Transfers. If the faculty reinstates a first-year writing program, she may be the coordinator. The issue will be before the faculty again continued on page:lQ THE OF ■ The Law Digest Originally from New York City, after attending Bronx High School of Science, Ms. Hollinger attended Swarthmore College in Pennsylvania. There she became deeply involved in civil rights activities in Chester, Pa., Philadelphia and Washington, D.C. She received an M.A. from the University of California at Berkeley in American and English history, and there in 1967 she taught as an associate in history and social science on the undergraduate level. Prior to this, in 1965,she worked in President Johnson's anti-poverty program, developing alternatives to mass housing projects for lownncome families. Also, she was involved in a survey of comparativesupermarket pricing of suburban vs. inner-cityareas, and the results were published in New Republic, long before such topics made nationwide She is now on the Board of Trustees of the Park School (a local priv„te K-12 school), ONE ABORTION SYMPOSIUM HELD IN O'BRIAN HALL SEPTEMBER 19 & 20. VARIOUS PERSPECTIVES ON THE ISSUE OF ABORTION, BOTH SOCIAL AND LEGAL, WERE COVERED DURING THE WEEKEND PROGRAM. I • u»_ ■ ..' , .. SIGNATURE ' �OPINION October 9 1975 J 10 BLP New Faculty ... continued from page 4 continued from page 9 , ...... a;m. ...... 1 care for pre-school children. regulation. An amendment to the New York Real Property Tax Law and one of her chief interests is in child development and child a comprehensive concerning demolition costs of abandoned structures is being drafted She is involved with a small program in her own home which offers by Tom Collins and Joe Broderick. It is the desire of the County to years old. Ms. Hollinger likes to include this amendment to five up for youngsters of and activities program games a provision to make the owner liable for the in relax by cooking, and has indicated no preference for any T.V. program. demolition costs incurred by the county. Dave Deutsch is reviewing the legality of legislation that will require automobile dealers to post "no appraisal" stickers in the windows of automobiles equipped with "no appraisal" tires. In conjunction with their BLP work, project members are participating in two seminars on legislative drafting. The first seminar Now serving as our full-time placement director, Mr. was conducted by Professor Janet Lindgren, the BLP's faculty advisor. Carlisle has had a varied background since receiving his ).D. in A portion of the second seminar on Wednesday, October 15, will be to specific problems that students have encountered on their 1969. A dean's list undergraduate at the University of devoted individual research or draftingprojects. at the attended law school Angeles, at Los he California First and second year law students interested in the BLP's University of Exeter, Exeter, England, and at the University of activities should stop by the new BLP office in Rooms 643 and 644 on for He received awards excellence the bridge between O'Brianand Baldy Halls. California at L.A. and Davis. in writing, while serving as a teaching assistant in the History Advisor and Department in California, and Resident Administrative Assistant for the Dean of Students, also at the the School of International Affairs and continued frompage 2 university or aiirarma. ruuowing that, he went to Gould came from a Massachusetts Chamberlain's arguments are Institute of Latin American Studies at Columbia University, while serving as resident Bay area family that went almost Mr. empirically correct, his as far back as the Adamses. More blunderbuss use of stereotypes Before entering private practice in New York City in 1973, he served as an associate recently the Symbionese fails to ask more probing and Crout Bigbee, Byrd, Carpenter and with the firm of Coppola and D'Onofrio (NYC) Liberation Army, a majority of questions. Many social whose members were white, commentators have accepted the (Santa Fe, New Mexico). He has been admitted to the bar of both states. rights stereotypes as a given, but have Mr. Carlisle has great plans for the Placement Office, and his goals are perhaps best accused West Coast civil leader, Marcus Foster, of being an pierced the veil of such described in his own statement: "uncle torn." Later when Foster stereotypes to raise larger social "In order to effectively develop the placement program, it will be necessary for me to was assasinated by the S.L.A., the questions, indict the society that spend a great deal of time with prospective employers and other contacts whose activities S.L.A. was condemned by the relegates people to class roles, and may directly or indirectly benefit students seeking full or part-time positions. I am also black community of San give to each of us a greater insight interested in personally seeing as many students as possible and I will make every effort to Francisco. In both these examples into the human condition. A the invocation by proxy of a Shalom Alechem, or a Richard adjust my schedule to meet with students at whatever time we find mutually convenient." racial epithet, stiffled serious Wright, inspires sympathy for all discussion, and gave a false characters, the oppressor, as well consciousness to the people as the oppressed. Mr. Chamberlain did not involved. devote the time necessary to Park, Oak Mr. Carl Hosticka was born in the town of Park is shatter the myths and put us up may Oak also be law While there Jewish llinois outside of Chicago on June 21, 1944. students interested in managing against the harder questions. It is loted as being the birthplace of Ernest Hemingway. from Brown slum property, recent our policy that if a writer does Mr. Hosticka received his BA in Philosophy commentators on inner city not have time to deal with the Jniversity with Dean's List Honors in 1865. He is currently housing problems have said that characterizations described above, working on his PhD dissertation in the field of Criminal Justice the stereotype view of what is a then it is encumbant upon him to Technology. of rom the Massachusetts Institute slumlord may often be the leave them alone. After graduating from Brown, Mr. Hosticka spent two incorrect one. (See Sterlieb's The on in Corps Nepal working the Peace Respectfully, /ears as a volunteer in Tenement Landlord). Further, we where he ~are quite sure that the Fortases Jewish LawStudents Assoc. communuy uc.c_. ~_„. ...- wheat and apple production. He then went to India with the Peace year spent the He another with Mr. Corps. disagree Peace would spent three years as anadministratorfor one of Chamberlain's contention that "Mr. Chamberlainreplies: JLSA is Corps as an administrator in Washington, DC. During his stay in India, he became use in dairy only WASPS are interested in correct; Jay Gould was not America's foremost experts in the breeding and raising of water buffalo for practicing tax law. But, even if Jewish." production. that time he has been guiding Mr Hosticka came to the law school in June. Since Justice system. He is students in a federally funded field research project on the Criminal science now teaching a seminar on field research in the Criminal Justice system from a social -..i c Jay C. Carlisle II . JLS... Carl Hosticka : , , ... perspective. - Wednesday, October 15 Workshop on School Children's Rights 7:30 Room 106. Mary Lang, former president, Association for P.M. Children with Learning Disabilities, Western N.Y. Chapter, and Prof. Wade Newhouse, panelists; Prof. Norman Rosenberg, moderator. Coordinated by Law Spouses. - - - __ Thursday, October 16 Workshop on Consumer's Rights 7:30 P.M. Room 112 Eve Galanter, consumer activist, Bruce Schmidt, Assistant Attorney General, and Prof. John A. Spanogle, panelists; Prof. Marjorie Girth, moderator. Coordinated by Law Spouses. Friday, October 17 Observance Set sociologist. Court R<)om - - - "One Family Two Careers" 2 P.M. Moot Dr Barbara Bunker pSvcho|ogist; Dr. Adeline Levine, TA/nmPn vv umcn '<! Ypfl. uui m SlCl We're Committed - "Women in Higher Education" 3:30 P.M. Room 106 Dr. Marjorie Farnsworth, author of A Young Woman's Guide to An Academic Career, Dr. Marjorie Mix, Assistant Professor, Faculty of Educational Studies. Commit Yourself -- "Possible Effects of the Equal Rights Amendment" 1 P.M. Moot CourtRoom Phyllis Kelly, member of the U/B Council; Grace Ange, Barbara Handschu, Elaine Salvo, Diane Woepel, and Marilyn Zahm, practitioners. Ms. Ange will serve as moderator of the discussion which will cover issues in the fields of criminal law, family law, poverty law, employment law and property and credit, Coordinated by the Association of Women Attorneys. Saturday, October 18 - Fillmore Rm., Norton Hall "Evening with 'Friends'," 8 P.M. (pending budget approval) a 7 member all-women rock band from Syracuse Admission Free. Beer and Wine on Sale. S.B.A. co-sponsored. the Buffalo The University welcomes attendance by all members of metropolitan community at the International Women's Year functions. October 14-19 on all For a complete schedule of events from campuses, please consult the October 9 Reporter and the Spectrum. 11 »_>« i«« .-£ tti»_»• �October 9, 1975 OPINION 11 Odds on Next Semester H* Property SI Blumberg H Q 13 58 1 8 58 10 22 76 14 10 60 8 D F TOTAL 2 74 Arbitration Hyman 7 19 26 76 Corporate Reorg. & Div. Del Cotto 5 7 12 11 12 23 5 7 3 3 8 10 9 6 5 11 6 5 11 4 13 17 5 9 15 2hrs./Seminar 2hrs./Fall 2 2 2 1 Fund, of Municipal Law 12 13 5 16 1 23 Property S2 Greiner Property S3 Goldstein 3 115 Const. Law SI Newhouse 78 Const. Law S2 Hyman 10 60 71 8 Const. Law S3 Mann 23 53 6 4 27 2 34 Administrative Law Gifford 25 29 10 64 Appellate Practice Desmond 14 10 1 83 Federal Tax I Greiner 1 24 2 1 II 15 18 Const. Law IV Mann Intro to Int'l Law Buergen thai 9 18 3 10 30 7 8 16 1 31 Criminal Procedure H. Schwartz I Evidence SI Bell Correction Law Clinic H. Schwartz Wolfgang Educ. Law Clinic Rosenberg (6 crdit course) 2hrs./Spring Kaplan 4 2 12 1 25 7 18 1 25 109 Law & Public Education Newhouse 6 19 112 Prob. in Low lncome"Housing Davidson Davidson 7 7 15 15 luvenile Courts 8 19 1 34 72 2 23 98 6 2 129 10 66 9 5 92 2 52 13 31 6 10 79 4 Estate Planning Mugel 24 27 30 ,59 11 200 5 22 4 31 22 52 16 90 Jurisdiction Const. & Foreign Allans 52 Adv. Prob. in Crim. Burns Philosophy of Law 1 N.Y. Practice Hornburger 5 15 Comm. Transactions I Schlegel 17 11 119 6 5 14 3 22 4, 7 140 1 23 2 Antl Trust Law Gifford 8 1 Data Banks & Privacy McCarty Civil Procedure II Kane 2 10 17 American Legal History Lindgren 9 6 15 1 5 9 2 9 6 17 4 18 22 1 2 4 7 4 1 12 1 34 29 11 11 14 63 14 19 12 48 2 1 4 5 Newhouse Inc. Taxation Estates & Trusts Joyce Crime & Community Katz Hegel Phil. Law & Marx Critique Franklin 20 35 4 5 9 64 Mental Illness & Criminal Law Allen 3 6 9 25 Social Theory of Law Galanter 2 4 1 19 5 28 4 15 2 21 20 21 86 33 4 3 8 Goldstein Women & the Law Blumberg 4 t Consumer Protection 9 4 Spanogle 1 10 32 5 69 45 7 11 1 6 5 16 .. . .17 9 27 t it 16 Legal Prob. of Public 7 SUMMER SESSION 1975 Federal Tax I 4 ~ Collective Bargaining In Government Newhouse Const. Law III Reg. of Advertising Schlegel 7 Justice Greiner Civil Procedure II Slemer Judicial Process 30 11 72 Trial Technique Girth 3 23 23 Formal Model & Methods in the Legal Process McCarty Comm. Transactions II Debtors Rights 1 1 Schools Federal Tax II Del Cotto Staff 25 SEMINARS 93 Gratuitous Transfers Spanogle Rosenberg Buergenthal Joyce 25 12 92 1 3 3 3 Privacy in the 20th century Kane Evidence S3 Birzon Bell 1 1 1 Legislation Lindgren 15 1 1 24 Evidence S2 Allen Products Liability Boyer S4 Hollander Swartz I Corporations Fleming Federal Katz 9 Prob. in Child Custody Galanter Burns 51 Boyer 52 Kaplan 53 Holley 54 Hollander 47 Legal Process Criminal Procedure Simulated Law Firm Crim. Law & Proc. Clinic Conflict of Laws Holley Counseling Small Business Zimmermann Mann 2 14 3 Evidence Degnan 1 11 36 3 Labor Law Kochery 2 52 23 23 46 Land Transactions Bowmar 6 37 43 New York Practice Homburger 4 16 3 23 �October 9,1975 OPINION 12 The Heck with Meek by Lawrence M. Meckler When I was firstasked to write a sports column, I asked whether I could do that in place of a seminar. After being told no, in order to get revenge, I decided to write a column anyway. I loved the New York Jets. I had felt this way since 1965. The last couple of years I've repressed this feeljng as the Jets have been consistent losers. This year I was no longer to be a closet Jet fan. I was convinced this was their year and was predicting them to go all the way to the Super Bowl. My first article was to be dedicated to the New York Jets and how they were going to excite the football world. However, I went to the season opener where the Jets lost 42-14 to the Buffalo Bills, The Jets looked as exciting as the CPLR and don't even rate the Opinion Newsletter. Duane Thomas, Richie Allen, Jimmy Walker and Alex Johnson have all been known as "bad guys" in sports. Yet, they are four of my all-time favorite athletes. They didn't submit to ownership demands and they tried desperately to maintain their individuality. They are tremendous ballplayers who created great interest in what they did, which was anything they wanted. They may have expressed themselves in strange ways at times, like Jimmy Walker playing an entire basketball game without taking a shot after being criticized for shooting too much. Richie Allen changed his name to Dick Allen to achieve a new identity, but then changed it back to Richie Allen when he came back to play for Philadelphia, a city he hated for so long, but the only place he would play. Alex Johnson would never speak to anyone when he wasn't not running out ground balls. Duane Thomas the King of Inane-ism uttered that immortal word "Evidently" after Dallas won the Superbowl and interviewer Tom Brookshire asked him a three minute question. Anyway, last week the New York Knicks signed a potential great "bad boy" in Larry Fogel. Let's hope Larry can live up to the legend of a Duane Thomas or a Richie Allen. During the winter in Buffalo all you hear on TV is that Tuesday the Buffalo Sabres worked on defense and Wednesday they worked on offense. This year I feel they should work on offense on Tuesday and defense on Wednesday. Then after every workout each player should , SPORTS The Magic Act MYLESELBER Opinon take a hockey puck, put it in a paper bag and wave it over his head like a chicken. I don't like hockey. Frank Robinson may have been the first black manager in baseball, but there has yet to be a black thirdbase coach. Jim Gilliam, Larry Doby, Ernie Banks, Johnny Lewis, Elston Howard, Tom McCraw and Willie Mays have all coached first base but the world is still waiting for some major league team to take that big step and name a black man to coach third base. Hopefully, the Oakland Athletics will win the World Series again this year: Oakland has won three straight baseball championships and is the only legitimate baseball dynasty since the New York Yankees. Being a New York Met fan, I would like to see the Mets break the Oakland dynasty, but the Mets won't get a chance. Unfortunately, not only will Cincinnatti beat Oakland and win the World Series,but they may also start their own dynasty. Manager Sparky Anderson has stopped worrying about the VietnamWar and the social status of New York City and is enjoying the play of Johnny Bench, Pete Rose, the 1975 National League MVP Joe Morgan and the Comeback Player of the Year Gary Nolan. With an incredibly improved bullpen and other stars such as Cesar Geronimoand Don Gullet, the Cincinnatti Reds will remain on top until the New York Mets get themselves togetheragain. There are many reasons for not betting on horse races. The best reason is that you start off a 17% loser. All horse racing tracks take approximately 17%off the top, or for every $100 bet the track keeps $17 which it shares with the state. Off Track Betting takes an additional 5$ off the winning price of horses after the track has taken its percentage. This 5% OTB take can be as much as 50% of your winnings. If a horse on a $2 bet pays $2.40 to win, OTB takes 5% of $2.40 to the lowest 20 cents denomination. Here, that would mean a payoff of $2.20 which is 20 cents out of your 40 cents winnings or a 50% tax. Add this to the 17% taken out by the trackand over 50% of your winnings is taken by the various authorities. All this means nothing if youdon't bet or if you lose all the time. Thisis just to point out how the odds are stacked against you and thereforethe foolishness of betting on horses, especially at OTB. However, if you have any hot tips, please send them to Larry Meckler, c/o Opinion. This column will deal primarily with sporls. Initially, we would like some feedback on creating an intramural touch football league within the law school. Hopefully, there will be another law school basketball league with an expansion in the number of teams that can participate. We would also welcome any suggestions about co-ed and/or womens' activities. The problems as always will be facilities, scheduling, and dollars. Right now the law school and the S.B.A. offer next to nothing in the way of sports, so there is a hell of a lot of room for improvement. This year autumn has brought us a brief football strike and some more absurd decisions by the NCAA. It also brings the World Series and the beginning of the journey to the Super Bowl. Hopefully these events will provide a pleasant escape from the doldrums of O'Brian Hall and the reality of lousy job prospects. Of course, with the increase in agents, arbitration, and sex discrimination and league jumping, lawyers have moved into the forefront of sports. The image of lawyers has attained the same level as it did after Watergate. Ah, if only they knew how rough it is! Moving on to important things we will now offer our fearless predictions about the football season. We expect another dull year with a continuing dominance to defensesand even more conservatism on the part of pro footballcoaches. It's disgusting to watch teams punt from their opponents thirty-five yard line and throw "dump" passes to avoid thehorrors of the zone. In the A.F.C. Oaklandand Pittsburg look like winners.Denver and Cincinnati might present some challenge but both lack defenses that can bring a championship. The rest of the teams in these divisions are mediocre at best, with only Houston showing signs of moving towards respectability. The Eastern division should be the most competitve. Baltimore is much improved and is capable of reaching .500. New England, the team of rebels, will be hurt too much by the loss of Plunkett to stay in contention. The Jets as usual are overrated. Namath is not God and the Jet defense is very suspect. Miami has lots of problems with injuries and of course its losses to the World Football League. Don Shula is a master and he'll be able to prove it again this year. This leaves us with the Bills. The Bills can win the division. Their offense is tremendous even with the loss of Rashad. They have problems though, especially behind their defensive line. Get well Tony Greeneand let's hope those Nebraska rookies are competent. The N.F.C. also has two non-races. The competition for the Rams and Vikings is non-existent. It will be interesting to watch the development of James Harris, and Steve Barlowski. Again the East is the most competitive. We can't see the Eagles or Giants as contenders, but the Cards, Cowboys and Redskins should be very even. The Cards are the same team as last year and will be out to I prove that 1974 was not a fluke. The Cowboys have had a vast change in personnel but they still have incredible talent, especially in the defensive line. Will this be the year the old men die in Washington (the Redskins, not Congress) or can they do it again and make the playoffs? It will probably be the latter, with a rugged defense and a good passing offense. The Super Bowl will be Oakland vs. L.A., with Oakland finally escaping its albatross and winning it all. Again, we would welcome any suggestions or comments about improving law school sports activities. Just write The Magic Act, c/o OPINION. The First SBA Party of the Year will be held Thursday, October 9th at 3:30 in the afternoon. , Location: FANNY'S Sheridan Road near Millersport Highway. Free mixed drinks, Labatts beer, roast beef on week and snacks. Students, staff and faculty invited. Students should bring Law School I.D. od schedule cards for admittance. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bb704a42e4c0ea49d5b6f8539d6f421e.pdf f620b1db76b74f88893feb69c80aaa39 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, Netf York Permit No. 708 Opinion Volume 16, No. 1 by Ray Bowie New York State Commission of Corrections, In a surprising decision last June, the Law School faculty, meeting in special session, voted to terminate first-year instruction programs in legal writing, thus ending several years of resulting in his reverting to part-time teachingstatus at the Law School this fall. The appointment of Prof. Schwartz, who is nationally noted as a champion of prisoners' rights causes, to the chairmanship of the Commission followed the Governor's signature of a bill, adopted by the 1975 legislature, which abolished the former part-time Corrections Commission and replaced it with a full-time, three-member body. The State Corrections Commission is responsible for inspecting conditions at State prisons, county and city jails, and town and village lockups. The over the proper methods of writing instruction. Before the faculty last June was the Academic Policy and Program Committee's proposal for Moot Court students being given responsibility for writing instruction under faculty controversy former, seven-member Commission had been frequently criticized, most recently before the Select Senate Committee on Crime and Correction last year, for its failure to fulfill its inspection responsibilities. In creating the new Commission, the legislature expects that its full-time membership will facilitate better performance of such duties. Prof. Schwartz, who will reportedly be receiving a salary in the $48,600 range as chairman, has been heavily involved with cases arising from the Attica Prison rebellion, representing "Attica Brothers" without compensation/and with challenges to prison procedures generally. He served as a member of the observer team which unsuccessfully attempted to supervision, a proposal already once approved, in principle by the faculty last March. An alternative proposal, utilizing upperclass students selected individually by the faculty rather than drawn negotiate a settlement of the Attica rebellion in 1971. At the Law School, Schwartz has taught a variety of criminal law offerings and will continue, at least for the fall, teaching Criminal Procedure I as a part-time instructor. Moot Court Board Announces 1975 Desmond Competition Currently in the midst of preparing the problem for the 1975 Desmond Competition, the Moot Court Board has announced the schedule for this year's Competition, in which first and second-year students are invited a nnual Moot Court Competition, named in honor of retired Chief Judge Charles S. Desmond of the State Court of Appeals, involves the distribution of a hypothetical appellate case each year, which Competition teams of two students apiece then brief for a chosen side and orally argue before panels consisting of faculty, practitioners, and local judges. Awards are given for best brief, best oralist, runner-up, and first-place, and the selection of Moot .Court Board members is made from"" participants. Due to the earlier exam period this year, distributed the Desmond problem will be by the Board on Wednesday, October 1,- in a presentation to be advertised shortly. Allowing a month for research and writing, briefs will be__ due on Friday, October 31. The following week, on November 5 and 6, practice rounds will be held The Desmond Competition in which Moot Court Board problem this year is being members critique oral argument developed by Board members Ray styles preparatory to the actual Bowie, Tom Lochner, and Dave oral arguments, during the week Ferster. of November 11 through 15. The Moot Court Board is also Competition will conclude on the considering the institution of a latter date with the final round, special legal research tutorial presentation of awards, and a program for first-year Desmond reception for judges and participants, designed to explain participants. continued on page 6 September 18,1975 from Moot Court Board, was also submitted in June by by Profs. Robert Gordon and Janet Lindgren. Discussion at the June meeting, attended by a "rump session" of the faculty under special summer quorum rules, centered about the propriety of students teaching legal writing, the competence of Moot Court Board, the propriety of faculty teaching legal writing, and the competence After several unsuccessful attempts to secure a full-time placement director, the Law School this September announced the appointment of Jay C. Carlisle to the staff as AssistantDean for Placement. Mr. Carlisle, who will devote his full time to placement starting October 1, was selected from a list of 90 applicants for the position, received after an extensive advertising campaign across the country. The search committee which screened the applications and selected Mr. Carlisle was chaired by Dean Schwartz and composed of City Court Judge Sam Green, former Erie County Bar Pres. Robert Koren, Prof. Albert Mugel, and students Sally Fox, Warren Gleicher, and Eric Zaetsch. Until October 1, Mr. Carlisle will shuttle between Buffalo and New York City, where he is currentlyclosing his law practice. After thatdate, he has pledged full-time efforts to "aggressively develop of the faculty. Little consensus appeared evident on any of these central questions, and several faculty expressed a desire to'?e-examine the philosophy of and need for writing instruction in law school. In a series of votes, the faculty defeated the proposal APPC had derived in negotiations with Moot Court Board and the alternative Gordon-Lindgren proposal. With a student-staffed writing program rejected, the faculty thendefeated a motion to continue the small-group elective program for writing i nstruction, a faculty-staffed option used the last two years. The June meeting consequently adjourned leavingall writing instruction discontinued this year. continued on page 4 — Used Book Mart Proves Successful Completing its first regular Spouses Association. Once operations, the summer operations insured the PAD/Law Spouses Used Book feasability of the systems used to semester's Mart has proven successful in its objectives, according to its sponsors. First operated on a trial basis over the summer session, the Used Book Mart originated as a suggestion from Phi Alpha Delta Law Fraternity to the Law handle the transaction, the two organizations approved its operation during the regular sessions when volume was predictably higher. The Used Book Mart operates on a consignment basis, whereby sellers of texts and other materials set their own selling prices and establish Book Mart as their agent for purposes of making the sale. According to Book Mart Manager Ray Bowie, the job markets, not only in the Buffalo area, but advantages of the Book Mart are throughout New York State, in Washington D.C., that "it allows the seller to set his or her own prices, centralizes Texas, and any area students have an interest in." His immediate plans entail seeking "maximum private buyer-seller transactions in exposure for the school, publicizing the high quality one place for convenience, insures of the faculty and students." To this end, he plans to the buyer of purchasing the right enlist alumni assistance in the publicity campaign, books, and provides both with through meetings being arranged with alumni in New better terms than are available at York City and Washington. Carlisle also hopes to the University Bookstore." Patronage of the Book Mart advertise the school in the New York State Bar met expectations for the fall Journal and New York City Law Journal. Acknowledging wide student interest in the New semester, with upper-class books YorkCity and Washington areas, Mr. Carlisle believes selling rapidly and a constant that he can utilize some of his own associations as a supply of most first-year books on practitioner to open those markets. Even if firms in hand throughout. Current plans these areas are precluded from interviewing in are to operate the Book Mart Buffalo, he will try to convince them to set aside again for the spring semester time for Buffalo students to interview locally, he contingent upon space again being said. available. The Used Book Mart continued onpage 6 •„ continuedon page 6 — Carlisle Appointed to Placement Office Post by Ray Bowie 14260 Faculty Terminates Writing Program Prof. Herman Schwartz was selected this August by Gov. Hugh Carey to head the newly-revamped The Buffalo, New York State University of New York at Buffalo School of Law Prof. Schwartz Chosen to Head New Corrections Commission to participate. Opinion John Lord O'Brian Hall SUNY/B, North Campus XMU. - — �September 18,1975 OPINION 2 Editorials Letter ' Perennial Bitches' Each year Opinion has invariably found itself compelled to editorialize on a selection of subjects related to this institution, so invariably compelled, in fact, that such "perennial bitches" veritablypromise to become institutions in themselves. Since these subjects have undoubtedly attained metaphysical status for returning veterans of .'Brian, and since even newspaper editors tire of denouncing the immutable, "perennial bitches" is this year presented in encapsulated form, largely so that first-year students will more easily know where others have gone before them, tiltingat institutional windmills. Added to Ellicott Complex and Governors dorm residents in their invasion of the law library this year are hordes of Education, Library Science, Philosophy, Engineering, and Visigothic Studies students, pillaging and looting their way to study carrels and conference rooms, all beneath the benevolent gaze of the law library staff. In Ellicott Complex, they're stealing library books and even shelves, but the problem has not occurred here: here they've already got the whole library. While on the subject of the law library, there is a debate reportedly raging as to which is rarer therein, photo-copying facilities or available reference librarians. Library hours are becoming almost as rare, however, and are being cut back at such a rate as to promise stiffer competition for that rather dubious honor. Expanding the scope of the contest to include the placement office, rarity par excellence is to be found in the number of employers interviewing this fall, down 50% from the number available last year at the same time.Too bad the same cannot be said about the size of this year's graduating class compared to last year's, but actually it's 50% larger. Gosh darn. Trouble finding reasonable rental properties in Amherst? One alternative is to locate closer to the Main Campus, where rents are better, and commute out here to the tundra each day, packed like a sardine stuffed in a Blue Bird or struggling down Millersport's obstacle course in your own vehicle, only to have to park it somewhere in North Getzville. Our law school is interdisciplinary in orientation, which means half the faculty think they're sociologists, 25% of them are, our building is umbilically linked to Education and Philosophy, and everyone is totally isolated from the courts, law offices, and public agencies that should be our sustenance. jThe statements jabout the faculty are exaggerated fof purposes of satire; the statement about our geographical isolation doesn't have to be. The Law School is, however, nationally distinguished at this writing as the only such institution without a legal research and writing program, since our upperclass students are too "incompetent" to staff one, even under faculty supervision, while our faculty last spring jumped on their horse arid rode off in twelve different directions at once. University Bookstore Manager Tom Moore-paid his second annual visit to the Law School this summer, in the * * . * * * * * Volume 16,No. 1 September 18,1975 A J J UpiniOll Editor in Chief: Ray Bowie Asst. Editor: Carl S. Heringer Photo Editor: Robin Skinner Alumni Editor: Earl Carrel Contributors: Jeff Chamberlain,Carl Heringer, Robin Skinner, Cathy Novack, Victor Rostow, TerryCentner OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB;'Anfherst Campus, Buffalo, New York 14260. The views expressed ,jn- this paper are not necessarily those of the Editorial Board or SUff of OPINION. OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. (Editorial policy of OPINION is determined collectively by the Editorial tjp Board. OPINION is funded J»y SBA from Student Law Fees. to the Editor aftermath of his second annual attempt to introduce into the To the Editor: operation,of the Law Bookstore the same gross inefficiency, With .the advent of the poor public relations, and deficit-ridden management that law student is have made his Norton Union Bookstore so popular with semester, each opportunity an to faculty- and students everywhere. Happily, however, the afforded enhance his or her educational score now stands: Law School, 2; Tom Moore, 0. experience by "getting involved" Unlike many educatiqnal institutions where faculty in various activities. At* the least, hold little power in relation to administrators, the Law everyone can have some say in School faculty really do run this place, setting policies, matters directly affecting them. ignoring them, trampling them, and other such exercises of This -is possible through our academic freedom. Students have the academic freedom to hopefully representative register for courses which are later deleted, to search three or democracy known as the Student four bulletin boards for camouflaged assignment cards, to Bar Association. complete all assignments on time, and then to wait forever Among the constitutionally for faculty to report grades. mandated goals of the S.B.A. are Speaking of faculty, the Law (School is gifted with the encouragement of student some excellent teachers, but as of last spring, one could have activities and the protection of fairly said to those: "Look to your left, look to your right student interests. S.B.A. Const, by the beginning of the fall semester, one of you won't art. II; art. VI, Sect. 2, cl. g. As an particular be here any more." By the' beginning of next fall, maybe S.B.A. Director, my involvement lies in prodding the neither will the others. organization into utilizing its * There is a notable array of student activities at the considerable funds in ways that Law School, ranging from the sublime to the ridiculous, will fulfill these objectives. which is fine except that a few of the more ridiculous spend It seems to me that this tasK a good deal of their energy trying to harass, infiltrate," discredit, or suppress any others alien to their ideological cannot be performed unless the * * ... cosmos. * Our Student Bar Association, i.e., student government, can also range from the sublime to the ridiculous, which it has whenever it becomes the captive of the above, or of people just anxious to improve, the appearance of their resumes. Other students will undoubtedly be more inclined toward "prestige" activities, such as Law Review, Moot Court, or Legislation Project, in the belief that such involvements are sure indicia of good grades, analytical skill, * writing quality, articulateness, faculty trust, managerial capacity, and ultimately employability. They aren't. In fact, nothing is, especially not the grading system here, which is so esoteric in its categories, and in the symbols with which it represents them, that the only major modification suggested in the system over the last two years was the addition of yet another symbol to reduce it to total absurdity. Even the faculty pulled back at that prospect, * voice of the students at large is heard. Last year, for example, we sent busloads of students to Albany in order to support an amnesty bill for Attica inmates. The issue was hotly debated among the political factionsof the S.B.A. Unfortunately, thisprocess included only the views of the' Directors and a few pressure. groups. However laudable the intent of the Board of Directors, true student representation suffered as a result. This is not to say that the Directors do not have the best interests of their fellow students at heart. Rather, it is a comment upon the lack of communication of views by those who should be represented. " mirabile dictu. There are a few other "perennial bitches," purposefully Other issues are sure to arise left unmentioned so that first-year students can experience ; before the S.B.A. this year. They the joy and challenge of formulating them anew this year. will be properly resolved only if not silent. Indeed, given that they are reportedly the best and the the student body is students to brightest ever admitted to the institution, perhaps their Therefore, I invite all submit ideas about what their, ingenuity will be up to the task of originating bitches which thjs school to should be done in will become perennial in years to come. The institution the Board of Directors. Simply certainly provides sufficient inspiration. * * ■* * *■ leave yourmessage in the mailbox of any (or all) Directors, which In all sobriety, however, Opinion welcomes all new may be found in Room 113. Respectfully submitted, students to the Law School, which really isn't quite so bad, and wishes you the best in your law studies. Bob Waters Law School to Host Abortion Symposium by Karen A. Gorbach professions to exchange perspectives from a broad range of expertise relevant to the iss.es of the legality and morality of On Friday and Saturday, September 19 and 20, the Moot abortion since Roe. community agency directors, and practitioners in the fields of law, medicine, and ethics. Dean and Provost, Richard D. Schwartz, will v. Wade. Such welcome the panelists, and Courtroom will be the site of the an interdisciplinary approach Professor Jacob D. Hyman will act Conversation' in the Disciplines offers topics of interest to faculty as moderator of the. presentations Program "Abortion: Legality and and students from area and subsequent discussion Morality." The Symposium's universities and colleges, as well as periods. Admission for the major objective is to provide a the community at large. conference is free of charge, balanced forum for faculty The ethics, and in law, distinguished panelists unless reserved seating and dinner health related include University professors, arrangements are desired. �September 18, 197S OPINION 3 ENDBTOHF AR The Brooklyn Side by Carl S. Heringer by Jeff Chamberlain . How I spent my summer vacation. Cheechand Chong said it best. The first day of my summervacation I got up. I went downtown to look for a job. Then I went home. The second day of my summer vacation. I got up. And went downtown. To look for a job. Then I went home. The third week of my summer vacation You get the idea. The road to my first million took another detour. Wait until next year. Mini-lake is missing! Fresh turfand waving fieldshave replaced little Lake Amherst, once situated between Lot 7 and O'Brian Hall. No more ice water in our shoes as we walk to OB Hall. No more ice slick to climb when we cross back to the lot. (No more spots left/n thelot. We've got to wait for the hitching post to be installed.) I'll miss the sight and sound of that gentle surf, pounding up against my ankles; the gentle sway pf,dead swamp weed frozen in perpetuity; the soft cry of student.voices as the thin ice would shatterbeneath their book laden bodies; the romantic glow of the stars, revealing thereflected pathway in the dark of night. Our freshmen, our children, will never believe the beauty of nature's splendor that once was Amherst. *** * * Hello. Welcome here. Welcome back. Welcome to my second year as a regular feature. Welcome to a view of the Outside World, where there is more than books, more than red elevators and wooden lockers. Last year we welcomed Ticketron, Buffalo's changing radio scene, the Kentucky Derby, and that wonderful wizard of odds, Myles the Magician. This year, welcome to more, to reviews, to topical subjects, novelty subjects, and to Myles the Magician. Welcome once again to the world outside our halls, and see it from the Brooklyn side. Extra Class Mtgs. The adopted calendar for the Fall semester lists Tuesday, September 2, as the first day of classes and Monday, December 8 as the last day of classes for the term. Please note: classes will be held on Columbus Day, October 13 and Veterans Day, November 11. To satisfy the Faculty parity rule of making up classes missed during the Thanksgiving holiday recess, all Thursday, Friday and Saturday classes will have one extra meeing scheduled. The extra meeting will be on Friday afternoons at 2:00 p.m. The extra meeting scnedule is as follows: Instructor Room Date of Meeting Course - 107' 108 109 106 Kochery Birzon 112 107 October 3 Albert Kane 109 112 Schlegel 108 Gordon Blumberg 106 Lindgren 209 112 Allen October 10 Lindgren 108 109 Laufer DelCotto 106 107 Joyce Spanogle 107 October 17 Gordon 108 DelCotto 209 Joyce 112 106 Reis 109 Bell Mugel 112 October 24 Partnership Zimmermann 109 Agency 106 Evidence Bell Lindgren 108 Torts S3 October 31 Commercial Trans. I Girth 106 Corporations Lybecker 107 Torts S1 112 Siemer CivilProc. IS2 Kane 109 Hollinger 209 November 7 Grat. Transfers Commercial Trans 1 Spanogle 108 Corporations Fleming 106 Atleson 107 Labor Law -.;... "..Criminal Law S3 Katz 112 November)'l4; Conflict ofLaw Kane 106 Criminal Proc. Schwartz 107 I -*'Mann 212 November 21 Seminar Blumberg 213 Seminar Seminar Swartz 7Q6 I September 26 Const. Law Const. Law II Evidence Labor Law Criminal Law S2 _S4 Administrative Law Civil .roc. IS2 CivilProc. IS3 Contracts S4 Family Law Remedies Criminal Law SI Torts S3 Torts S2 Federal Tax II Income Taxation Consumer Trans. Contracts S3 Corporate Tax Federal Tax I Land Transactions Torts S4 Future Interests Hyman Mann Davidson _ - SLF SLF Kaplan 20S Greiner 20S "You will brief your cases or surely you wilt fail." There are several organizations based on more-or-less AdolfHamburger, Fall, 1973 "ethnic" criteria: BALSA, Puerto Rican Law Students, and the like. There are also organizations which cater to There are, it seems to me, only two subjects which are specific interests, such as the International Law Club. appropriate for the initial appearance of this column. I There is not, so far as I am aware, any formal organization could begin with a column about "What I Did Last catering to the special interest of Jewish students whose Summer," in which wouldbe related adventures hitherto goals are to live in Greenwich, Connecticut and manage unbeknownst to the likes of mortal mankind, in which the slum property, or WASPS who wish to become tax columnist became a master of deduction by taking Tax A lawyers. These deplorable instances of "reverse in summer school, toured the Last Chance Winery, read discrimination" are apparently impossible to remedy. (By the current bestselling book Through SanBenadino with the way, "WASP" is redundant; did you ever know a Black Gun and Camera, and had some small successes in sporting Anglo-Saxon Protestant?) circles, winning the Commonweal award for excellence in A few words about the administration: "Provost" means the same as "Dean." We have one. paper doll cutting with a'grand total of two and one-half dolls. But that would be boring. The purpose and function He is a sociologist. He is quite well known in his field, and of this colunm is not be be boring. It is to be trite. it is said that he gives the school a good reputation. It is Therefore, this first column will be advice to freshpersons. rumored that there was a plaque near one of the rooms at "Freshpersons" is unwieldy. "First year students" is Eagle Street commemorating the spot where according to not only unwieldy, it is a sham; although there has been an local legend Dean Schwartz once actually spoke to a official pronouncement that the phrase would replace student. "freshmen" in the official vocabulary, little evidence that Mr. Wallin, the Registrar, has a unique status in the this policy has been implemented can be found. Hence, Law School. He is perhaps the only member of the bowing to popular sentiment, "freshpersons". And I administration proper to whome you may have the apologize. opportunity to speak directly. It probably, won't matter, Let me begin by being the nth to "welcome you to but you can at least take some satisfaction in the fact that the law school." And in the spirit of consistency, I trust you have spoken with an actual official. There is one other person "in" administration with that this welcome will be at least as fatuous as the others you are receiving. Fatuity seems to be an ascendant trait whom you should have at least a passing acquaintance, and around here, so you might as well get used to it. You are at that is the Assistant Provost. This office is held by a the Buffalo Law School, also known as the Faculty of Law member of the faculty, who shares this duty with a and Jurisprudence, State University of New York at reduced teaching load. Last year we got a new one: Buffalo. The Law School used to be located on Eagle Professor Fleming. In this capacity, "Coach" Fleming is Street in Downtown Buffalo (you can tell because it's somewhat of an unknown quantity. I think that if a dirtier). Two years ago we moved to the present facility, student can convince him of the validity of his position, accompanied by much brouhaha, including a belated then Mr. Fleming will strive effectively on the student's dedication ceremony which most students were not behalf. Those of us who "like" Mr. Fleming stress the pcrrnitted to attend. Malcolm Wilson (yes, the Malcolm latter clause of this proposition, while those of us who are Wilson) spoke. And a good time was had by all. You will not so easily convinced have emphasized the difficultiesof hear that O'Brian Hall is a great improvement over Eagle persuasion inherent in the formerclause. Virtually everything which must be cleared by the Street. Had the -Law School existed at Eagle Stree;t in the thirteenth century, it is apparently conceivable that Dante administration is a "waiver of faculty policy." There are would have added a level to his. Inferno. You should, pre-pn'nted forms upon which to make whatever requests therefore, appreciate this building, with its windows that you desire. These are clalled "requests for waiver of don't open and its lack of air conditioning, itselevato.s faculty policy forms.." You can save yourself a bunch of that ride four comfortably, and its outsidewalls that don't time by utilizing these forms at the outset, without work (you can fly a kite in some of the classrooms on bothering to discuss your proposals first. Finally, I would like to repeat the traditionalwelcome breezy days). There exist within the school several student in the Buffalo Law School. Look to your right. Look to your left. They couldn't get into Harvard either. But if you organizations. The most visible is the Student Bar work dilligently, and brief your cases, in three short years Association. The SBA serves no known function. The student newspaper is called Opinion. You are you too can look forward to a highly satisfying career as a cab driver, insurance adjustor, or real estate broker.And oh reading a copy. Opinion serves no known function. The Law Spouses is an organization of the spouses of yes, since somebody has to say it: law school is somewhat law students, which is to say the wives of male law different from college. students. It used to be called the "Law Wives." (Reprinted from October 2, 1974 issue ofOPINION) - Adirondack Park Threatened adversely affect these wilderness areas. Approximately 90% of the non-state lands of the Park were unregulated Once again the lands which constitute the largest by any type of local land use restrictions and a majority of wilderness east of the Mississippi, New York's "forever the local governments lacked the expertise and finances to wild1 lands of the Adirondack Park, are threatened. provide any type of meaningful land use control. Several developers and property owners have instituted Therefore, the state created a Temporary State inverse condemnation claims demanding compensation for Commission on the Future of the Adirondacks, and upon the property value taken by the enactment of the the recommendation of this commission, the legislature Adirondack Park Agency Act. An unfavorable ruling for established the Adirondack Park Agency (PA) in 1971,an the state would result in the demise of the Adirondack independent, non-partisarf agency within the state Park land use plans which presently provides the needed Executive Department. The agency was initially empowered to prepare plans for the management of the protections for these lands. Adirondack state lands and another plan which would New York State has recognized that the different regulate development on the non-state owned lands within by T.J. Centner ' pressures on certain areas of the state are often best met by special regional legislation. Therefore, when the forests and water resources of Northern New York were threatened in the late 19th century, the legislature responded with the adoptation of legislation creating the Adirondack Park. The real protection of these state lands in the Adirondacks came with the adoption of Article- XIV of the State Constitution which requires all state lands, with limited exceptions, within the Adirondack Park to be part of the forest preserve and remain "forever wild." In many instances the State's forest preserve lands are intermingled with privately owned lands. Thus, there is a unique close physical relationship between the constitutionally protected "forever wild" lands and lands which can be used for a wide range of residential, commercial, industrial, recreational and open space uses. In the late 19605, it was recognized that certain developments and uses of these private lands could the Park. In 1973 the New York Legislature passed the Adirondack Park Agency Act providing controls over the entire Adirondack Park, thereby creating the largest jurisdiction in the country under comprehensive state land-use controls. This agency was given the requisite powers to provide for the implementation of the APA Act. The present inverse condemnation challenges before the Court of Claims, to the effect that the Act constitutes a compensable taking, directly affect the validity of the Act. If compensation is awarded to claimants, then it is likely that the state would back off from the provisions, thereby allowing for a further deterioration of the environmental quality of the Park. Because, of _the local as well as national and international impdrt&hee of the unique resources of the Adirondack Park, it fijVgped that the Court of Claims will find that these claims are either improperly before the court or without merit. �September 18,1975 OPINION 4 Faculty Terminate Writing Program — continued from page 7 This fall, the library will be an audio-visual instruction program in legal research resources for first-year students, whileMoot Court Board is considering conducting its own tutorial program for Desmond The administration, known to be disconcerted over termination of legal writing instruction, has encouraged the APPC to di. .se a new proposal for a student-staffed writing program to be presented to the full faculty later this fall. Any new program would substitute for the small-group electives in the spring 1976 Competition participants. semester. operating Law School States Non Discrimination - Faculty Disinterest Plagues Judicial Clerkship Program The Law School's judicial clerkship program, approved applicants themselves suggest any"faculty entering its second year of operation, has member who knows your work and who might be experienced difficulty in securing enough faculty interested and able to serve as supervisor." The clerkship Committee sought this year to sponsors for all students approved for participation avoid the prospect of students seeking their own in the program this fall. faculty sponsors by allowing faculty the initiative to a letter circulated over the summer a In to number of approved students, Profs. Janet Lindgren choose applicants they might desire to supervise. and Patricia Hollander, constituting the Ad Hoc Some dissatisfaction has been expressed as to this Committee on Judicial Clerkships noted that "it does selection system, particularly by applicants who not appear that enough faculty supervisors are lacked faculty "contacts," and the Ad Hoc available for the total number of qualified Committee will reportedly change the manner of applicants." The Committee had circulated to the selection next semester. Approved applicants who were not sponsored faculty a list of clerkship applicants, asking that faculty vouch for students they might care to by faculty this fall were reminded by the Committee supervise in the program. Due to the insufficient that judicial clerkships will also be available this faculty interest, the Committee requested that spring and that they can then reapply. The Faculty of Law and Jurisprudence, State University of New York at Buffalo, in compliance with the HEW Regulations on Title IX of the Higher Education Amendments of 1972, restates with pleasure the following: No person, in whatever relationship with State University of New York at Buffalo, shall be subject to discrimination on the grounds of race, color, creed, sex or national origin. This policy specifically applies to applicants for admission to or employment by the Faculty Dr. James English, professor, ofLaw and Jurisprudence. School of Dentistry, has been named chairman of a nine-member Search Committee for a dean for the Faculty of Law and Jurisprudence, Dr. Albert TUITION AND FEES PAYMENT YOUR PAYMENT IS DUE BY Somit, Executive Vice President, announced. OCTOBER 3, 1975 OR 7 DAYS AFTER INVOICE POSTMARK has The committee has been asked DATE. Make check payable to SUNYAB. Note your student number on your check. Please use your student number on all financial to submit a list of at least three names to Robert L. inquiries. Ketter for his consideration by no later than December 1. NON ATTENDANCE, REGISTRATION AND CHANGE OF PROGRAM CHARGES: NON ATTENDANCE (unofficial withdrawal) Also serving on the search does not cancel your charges. The last day to DROP COURSES panel are Hon. John T. Curtin, without financial penalty is Friday, September 19, 1975, the end of judge, U.S. District Court; Marc the third week of classes. (Friday are always considered the end of the Galanter, professor of law; week for financial purposes). Your invoice is computed at the end of Marjorie GJrth, associate the third week of classes. Any adjustments for a change in your professor, law and jurisprudence; registration during the first three weeks of classes will have already Mark Hclkrer, student, U/B Law been processed. A further reduction of hours after that date will be School; Jacob D. Hyman, professor of law and former dean adjusted according to the following schedule: of the Law School; M. Robert Until the end of the 4th week Friday, September 26, 1975 30% Koren, a U/B alumnus who is Tuition Credit former president of the Erie After the 4th week No financial credit County Bar Association; L. If you ADD HOURS to your schedule after September 19, 1975, your Thorne McCarty, assistant payment for tuitionand fees is due on the date of the addition. No bill professor, law and jurisprudence; and J. Andrew Spanogle, will be sent. professor, law and jurisprudence. In a letter, to members of the ALLOWABLE DEDUCTIONS FROM YOUR INVOICE: If you are receiving a TUITION ASSISTANCE PROGRAM (TAP) AWARD, search panel, Dr. Somit called the committee's task "especially REGENTS SCHOLARSHIP, STATE UNIVERSITY SCHOLARSHIP important." U/B Law (SUS) or a PARTIAL TUITION WAIVER (PTW) and submit your Faculty, he The said, has made award notice to the Office of Student Accounts by October 3, 1975, "impressive progress toward its you can deduct your award amount from your payment. Thesecredits objective of becoming one of the may not exceed the total amount of tuition charged. If the award is nation's leading law schools." The received subsequent to October 3, 1975, you are liable for full tuition panel, he indicated, is to "seek and fee charges at the specified time, and when the check isreceived, it out and recommend .. individuals who can' provide will be given to you. in tel I ectual and administrative If your tuition and/or fees are covered by a COOPERATIVE leadership for an already TEACHER CREDIT GRANT or a GOVERNMENTAL AGENCY, you distinguished faculty." may deduct this amount from your payment provided that the A candidate for the post, approved notification is filed with the Office of Student Accounts by Somit said, should be: September 19, 1975. 1. a distinguished scholar and teacher of the law, with If you are receving a TUITION WAIVER, you may deduct the waiver subs tan tLa experience and I amount (which does not cover fees) from your payment provided that recognition; as a New York State resident with 12 or more hours as an 2. dedicated to the highest undergraduate or 8 or more hours as a graduate, you have applied for and received your TAP award. If you are a graduate student with an aspirations of the legal profession and lo the education of students assistantship, you must file your tuition waiver application with your in a professional program which department so the approved notificationreaches the Office of Student embodies those aspirations; Accounts by September 19, 1975. 3. alert to the changing If you are receiving an approved UNIVERSITY SCHOLARHSHIP or a character of the legal process and deductone-half LOAN paid through the University, you may of the receptive to creative innovation in annual award from your payment. When you receive your check, you broadening tfve range of responsible paying your outstandingcharges. professional training to accord for will be with changing opportunities and STUDENT FEES The College Fee is a State assessed mandatory fee. responsibilities in the practice of The Student Activity Fee is a student assessed mandatory fee. law; Returned check charge $5.00. 4. devoted to the development , Search Underway For New Law Dean Financial Information: .' - - - . of knowledge of law and able to deep interest in assisting-them to provide leadership for the fulfill their aspirations; ) Faculty's efforts to constitute great energy and capable 9. of itself a vital center for extending understanding of the working of enthusiasm; law and legal institutions; 10. able to work cooperatively within the University system and 5. devoted to and capable of capable of dedication to the scholarly and working rapport promotion of the Faculty of Law with a faculty of peers; and Jurisprudence and the 6. capable of handling University. administrative problems skillfully The individual ultimately so that educational goals of the named to the post will succeed Faculty can be fulfilled: Dr. Richard A. Schwartz who has 7. possessed of exceptional held the position since 1971 and qualities of leadership; has announced his intention to 8. concerned with the step down at the end of academic problems of students and with a 1975-76. j|;J| nysba NEW YORK STATE BAR ASSOCIATION ONE ELK STREET, ALBANY, N.Y. -12207 •• •• • AS A NYSBA LAW STUDENT MEMBER, YOU'RE ENTITLED TO: The Law Digest The Journal The State Bar News Admission to all Association, Section and CLE programs at special -rate > \ Life insurance at unmatchable low rates DATE NAME (NOMAILINGS JUNE THROUGH AUGUST) , $3.00 DUES MAILING ADDRESS LAW SCHOOL DATE OF BIRTH I year of law school and expect to I am in my graduate in of If elected I will abide by the Association's Constitution, Bylaws and Code ofProfessional Responsibility. SIQNATURB ■ ' �September 18, 1975 OPINION 5 SBA 1st Vice President Resigns Notice To Student Organizations FROM: CATHY NOVACK, SBA TREASURER New voucher forms must now be submitted for all budget reimbursements. These new "Sub-Board I, Inc. Voucher" forms replace the SBA forms previously required and are available in the SBA office. As soon as I receive the account numbers for the 75-76 budget from Sub-Board, I will forward them cffi to you. Each organization must submit a list of the long distance phone calls made each month. I would advise posting a sheet by the phone where anyone making a toll call can fill in the following: Discontent within the SBA Executive Board has come to light with the protest resignation this August of SBA's Ist Vice President Cynthia Falk, who was elected to that post last February on a slate with the other executive officers. In a letter of resignation, addressed to SBA President Rosemary Roberts, Ms. Falk cited the Executive Board's failure to communicate or consult with her in matters within the Ist Vice President's responsibilities as the cause of her resignation. In particular, she alleged that, after she had spent two months planning a Law Day program for the Law School, it was cancelled without her input last spring. Ms. Falk also charged thatMs. Roberts' failure Date call made: Area Code & Number Called Name of Organization Responsible: (e.g., NLG, ELS, etc.) This sheet should then be given to me by the sth of each month; thus on October sth I should receive the lists of all calls (toll) made during September 75. Also, remember the Presidents of all organizations are responsible both for toll calls over their budgeted funds ($15.00 in most cases) and any toll calls made within tie-line areas, i.e., New York State and Washington D.C. My office hours are as follows: Tuesday-12:30-1:30 p.m. Thursday noon 1:00 p.m. — — . to give any notice of executive board meetings prevented her from participating in SBA governance. Ms. Falk had run on a "Get Involved" ticket last with Ms. Roberts and three other candidates, all of whom shared the same platform. Her resignation leaves a vacancy in the Ist Vice Presidency, the office responsible for SBA relations with the Barand the law schools, which can be temporarily filled by Ms. Roberts' appointment until a special election. Ms. Falk had come under criticism within SBA for failure to perform the functions of the Ist Vice Presidency, particularly with respect to her failure to notify the Executive Board of her intent not to attend the annual ABA/LSD convention in August. Some discussion has now been given to proposals to abolish the Ist Vice Presidency altogether,replacing it with an ABA/LSD delegate. year ABA/LSD Membership Drops The resignation SBA Ist Vice President Cindy 1974, when Chris Greene was succeeded by Laura Falk coincideswith the release of information by the Zeisel as Ist Vice President of SBA. The law school ABA Law Student Division showing a long-term, then had 610 students attending, steep decline in the number of Buffalo law students By March 31, 1975, justafter Ms. Zeisel had left in the LSD. The SBA's Ist Vice President is the office to be succeededby Ms. Falk, LSD members at officer responsible for' Law Student Division the law school totaled only 99, while the student body had grown to 720 students. By June 6, 1975, activities locally. According to the ABA/LSD report on law ABA/LSD records indicated only 85 LSD members student memberships per school, Buffalo had 140 here.Figures are unavailable for the current semester LSD members in its student body in the spring of as yet. ABA Continues Placement Since my schedule thii semester includes the Sea Grant, Law Review and four courses, as well as SBA, I would appreciate all SBA matters being handled during my office hours rather than attempting to resolve questions in the hallways, library, etc. Anyone who can't see me during the above times, leave a note in my mailbox, explaining your questions and indicating what hours you are available, so that a mutually convenient meeting can be arranged. Thanks for your cooperation. / The American Bar Association inquiries from more than 1,000 has decided to make permanent students and 250 employers, said Fran Utley, manager of the ABA its program of computerized Lawyer Placement Information placement assistance for law Service. Ms. Utley said the computer school students and their checked 261,981 possible prospective employers. "matches" between applicant Launched by the Law Student qualifications and employer Division last spring as an -requirements, printing out 3,138 experiment, the program attracted of the closest matches. - Report on ABA/LSD Convention by Cathy Novack SBA Delegate The Law Student Division (LSD) of the American Bar Association pursuant to its current bylaws, held its annual meeting at McGill University in Montreal on August 9-13 in conjunction with the ABA Convention. Unfortunately, our official ABA/LSD delegate, the Ist Vice President, did not notify the Executive Board until mid-July of her inability to attend this function. Since my summer job as a Sea Grant Law Fellow allowed for the most flexibility in schedule (thanks to Professor Reis), I attended this meeting as' Buffalo's voting delegate. I preface my reportwith this explanation since, as Treasurer,-! went to Montreal with little prior knowledge qf what the ABA/LSD organization is all about. The major events of the convention werel 1. The electionof new officers 2. Adoption ofrevised bylaws 3. Passage of variousresolutions (ABA), - : SBA Copier Removed The Student Bar Association photo-copying service, maintained by SBA the last two years in the library,has been discontinued this fall upon University insistence, after SBA's operation of the photo-copier was brought to the University's attention by SBA's use last spring of copier receipts to transport students to an Attica demonstration. Purchased last year by former SBA President Don Lohr, the Royal Typewriter Co. photo-copier had replaced an earlier SBA-copier and had the advantage of permitting two pages to-be copied for five cents. The SBA 'photo-copier service was planned so as to be self-sufficient, with the proceeds paying for the machine's operation. Last i spring, however, after SBA unsuccessfully sought to allocate- student activity fees to bus students to Albany to lobby for an ■ Attica amnesty bill, the SBA executive officers tapped the photo-copier proceeds to obtain the busi money. Accounts of that action were published in campus newspapers, and this summer the University determined that SBA was infringing upon the Faculty-Student Association's exclusive right to operate campus photo-copying services. The SBA photo-copier has been removed from the library and is currently stored in the SBA office, whereit cannot be used for any paid copying. SBA may, however, operate it for internal organizational uses. The New Officers After two days of heavy campaigning the following people were elected: President: Lynne Gold of Villanova University Schoolof Law, 3rd Circuit The President's duties include serving as Chairperson of the LSD Executive Committee and Board of Governors, as well as of the House of Delegates, along with such other duties as are usually associated with this office. Ist VicePresident: Dick Eymann of Gonzaga University of Law, 12th Circuit The Ist Vice President supervises the work of the Circuit Governors, is responsible for the supervision of Standing and continued onpage 6 - - H H $■!; i M §| H M $§ B §| SB 55 '$£ 1 H 56 . — _. ... .' Based on the large response, the ABA decided to put the program JURISCAN on a permanent basis, Ms. Utley said. "We found that the program is especially effective in helping employers who find it inconvenient or too costly .to recruit on campus," Ms. Utley said. The program is open only to members of the ABA Law Student Division. The JURISCAN registration fee for students is $5. There is no charge for employers using the program. Employer enrollment forms for the program appear in the September issue of the American Bar Association Jounal, and student forms will be carried in the October issue of Student Lawyer, a publication of Law StudentDivision. Both forms can also be obtained from law school placement officers and by writing to JURISCAN, American Bar Center, 1155 East 60th St., Chicago, 111., 60637. - — GOULD PUBLICATIONS in your bookstore NOW with updated 1975 session changes. CIVIL PRACTICE LAW AND RULES PENAL LAW OF NEW YORK CRIMINAL PROCEDURE LAW OF NEW YORK FAMILY COUR-T ACT OF NEW YORK and SOCIAL SERVICES LAW EVIDENCE OF NEW YORK ESTATES, POWERS AND TRUSTS LAW 1 OF NEW YORK SURROGATE'S COURT PROCEDURE ACT These loose leaf editions are updated by subscription every year. They will be current when you take the bar. They will be necessary books in your practice. j ] I j GOULD PUBLICATIONS 199 State Street Binghamton, New York 13901 ] �September 18,1975 OPINION 6 ... Carlisle Appointed Moot Court Board year. Alan Mantel, Gene — continuedfrom page I — continued frompage I Reibstein, and Dave Ferster are to first-year students the location and use of basic research tools available in the Library. Research is currently underway on the Nationals Competition, sponsored by the Young Lawyers Section of the New York County Bar Association. The Competition, one of several interscholastic competitions in which the Board participates each year, involves anti-trust issues this writing the brief. With Carl Howard as Chairman and Ray Bowie as Vice Chairman, Moot Court Board members include Gabe Ferber, Sandy Presant, Tom Lochner, Mark Hellerer, Barbara Willis, Pat Gaura, Gene Reibstein, Alan Mantel, Matthew Leeds, David" Clegg, Mary Engler, Peter Ackerman, Carolyn Pasley, and David Ross. Viewing his function as providing as many employment options as possible to graduating students, Mr. Carlisle expressed a desire to interview as many third-year students as feasible to learn their personal interests. Questioned as to placement policies, he noted "strong opposition" to class ranking in that employers tend to rely too exclusively upon it. The current Law School policy, he opined, encourages employers to regard qualities other than grades alone. He stated too that he was "disturbed that only four students in the 1974 class were placed as law clerks" and that he would make it an objective to expand the number of judicial clerkships open to services will be applied toward the Buffalo students. Personal letters, he added, have Law Spouses' annual scholarships already been sent by the Placement Office to every and the activities of Phi Alpha Federal judge in the Southern and Eastern Districts Delta. Tina Stoufer is President of of New York inquiring as to clerkship opportunities. the Law Spouses Association this year, while Ray Bowie serves as Justice of PAD's Alden Chapter at the law school. . Used Book Mart. . — continued from page 1 constitutes the first organized used book facility at the law school, although similar operations have been common elsewhere. Proceeds from charges assessed by Book Mart for its Report on ABA/LSD Convention Ultimately, Mr. Carlisle hopes to achieve for SUNY Buffalo Law School the same distinction as attaches to the University of California law schools, whose graduates are preferred to those of private schools. Carlisle had established a career as a practicing lawyer prior to accepting the placement directorship here, with six published Federal cases to his name. He has been involved recently in litigation to declare two Pennsylvania election laws unconstitutional, to obtain a permanent injunctionagainst the New York City Police Commissioner, against FBI electronic surveillance in Detroit, and regarding standing requirements in corporate reorganization cases. With Mr. Carlisle's appointment as placement director, Pat Hollander, who carried a part-time appointment to that post the past two years, will be .devoting more of her administrative functions to admissions work. She will continue to carry a part-time teaching load in the clinic and SLF programs. ... That LSD commence a concerted effort to solicit contributions from foundations as an added source for the LSSF. That the merger, dissolution or dilution of predominantly Special Committees, and presides over meetings in the absence of the minority institutions of legal education is contrary to the legal President. profession's obligation to the American people to provide qualified 2nd Vice President: Richard Annis of the University of San Diego attorneys forall the people. School of Law, 9th Circuit The 2nd Vice President supervises the Established a Special Committee on Law Students Rights and matchinggrants program, the Law Student Service Fund (LSSF). Privileges to study such concerns as: uniform grading, minority Secretary Treasurer: Carol A. Coe of the University of Missouri, admissions, due process in disciplinary actions, free speech in law Kansas City School of Law, Bth Circuit The Secretary-Treasurer school publications, general scholarship criteria and student keeps a record of the meetings of the Executive Committee, the Board participation decision-making. in of Governors and the Division House of Detegatss; maintains a record LSD officially recognized SBA's and similar organizations as of the Division's fiscal affairs; processes vouchers for payment from LSD funds and submits a monthly balance sheet to the Board of legitimate student governmental bodies. Governors as well as a full accounting to the delegates at the annual Requested implementation of the ABA's prior resolution to meeting. increase women's participation in the ABA's committees, commissions decision-making bodies. and other Gray The two Division Delegates elected are: Jon of the University of Missouri, Kansas City School of Law, Bth Circuit and Only a* resolution on gun control failed to receive delegate Dayle E. Powell of Cumberland School of Law, Stamford University, approval, primarily due to the extent of its reach and its monetary sth Circuit These people are to represent LSD in the ABA House of discriminations. Copies of all these resolutions are also on file. Delegates; report to the Division any matter before the Association's I might note, for whatever jt's worth, that my vote on all of the House of Delegates which is of significance to law students; and coordinate LSD representation in the Sections and Committees of the candidatesand issues was a perfect win. Probably one of the most important aspects of LSD membership ABA. is the Law Student's Services Fund (LSSF) which may provide The 1974-75 Annual Report is on file in the SBA office (Rm 113) matching funds of $100 to $1,000 for various law school programs. and anyone interested in knowing about this past year's officers and The two threshold requirements for receiving an LSSF grant are: their accomplishments in office is welcome to borrow this reported (1) a minimum membership of 20% of the school's students in the information. ABA/LSD and (2) filing for funding by the appropriate deadlines,which are: The Revised By-Laws October 15,1975 for one year and/or fall semester projects February 2, 1976 for "Spring semester projects March 15, 1976 After almost two days of debate, the revised by-laws were approved by the House of Delegates. The more significant revisions for one day projects include: other information is available in Room 113. a) Reduction of the national officers from six to five by c Delegates' schedule of meetings was so tight that there was consolidating the duties of the first and secondvice president and thus Dportunity to attend many of the ABA or LSD special panels having only a vice president. letings. I did get to the LSD panel on Reform of Rape Laws b) Removal of the by-law requirement to hold the LSD annual lighlighted some of the problems of limited cross-examination, meeting at the same time and place as the ABA Convention. ry rape and the ethical problems faced by women defense s. I also attended the Women's Caucuswhich set as its major Other revisions concern membership qualifications, election le acquisition of all available information on women's courses, procedures for the national officers and the circuit governors, rTs (such as women's prison projects), and speakers concerning responsibilities of all the officials —-elected and appointed, and and the law so that such material can be readily accessible to movement of some states intomore geographically convenient circuits. students. The caucus is also concerned with initiating changes Again, a copy of the revised by-laws is available in 113 for anyone Esq., of the ABA was present at i the ABA. Doris Sassaurer, interested in the structure and rules of the organization. ucus andksuggested we look at her chapter entitled "The Chief published Wore Red Dress" A in the book Women in the Year I think it is noteworthy that the ABA/LSD has seen fit to Justice eliminate the two vice president positions and consolidate them into 2000. The electionof women candidates was also encouraged. one office. I find this impressive since I believe the SBA could also The main thing I learned from the whole convention is the profit from a similar change. The sole duty of the SBA's Ist Vice importance of having a responsible LSD delegate who is willing to President is to be the ABA/LSD delegate/representative which has led devote some time and energy into learning the structure and to little being known about LSD at Buffalo since few people know functioning of the organization so that the ABA/LSD can be of the that the Ist Vice President is their LSD Delegate. I think we would do most benefit to all Buffalo law students. Once again, the file I built up well to follow LSD'slead in this area. during the Convention is available to anyone interested in viewing it The revised by-laws must now be submitted to the ABA House of and any unsolved questions can be referred to our 2nd Circuit Delegates for their approval prior to becoming effective. Governor, ConnieRaffa of Brooklyn Law School. continued from page 5 - - ' — t — Resolutions The LSD House of Delegates approved the following resolutions: I also —- want to point out that there is already scheduled a Washington International Law Weekend, October 17 and 18, 1975 and November the 1976 Client Counseling Competition which has a 24 deadlinefor registration. Further information is on file in 113. Also, so that next year there are no surprises, the ABA Annual Meeting will be held in Atlanta,.August 7-12. Internat'l Law SocietyAdopts New Focus by Victor A.D. Rostow The Executive Committee of the International Law Society, consisting of all present and former officers, held an organizational meeting on Tuesday, September 9. Topics discussed included new membership, activities policy, outside speakers and scheduling. Overall policy changes were debated. Due to the absence this semester of an instructor in international law, the Cqmmittee has decided to shift the focus of the Society. The Society will try to fill, the void in the curriculum by providing a forum for students having an interest in international law and affairs to present papers and to discuss topical international issues. Freshmen, old members, and other interested students and faculty were invited to attend a meeting on Tuesday, September 16, where plans for the semester were discussed in greater detail. The Society is pleased to announce thatits first speaker will be the Hon. Gudmundur Gardersson. Mr. Gardersson is a member of the Icelandic Parliament and Chairman of the Icelandic Chapter of the Atlantic Treaty Association. On Sunday, September 21, be will speak to the Law School Community on the subject of 200-mile fishing zones and the current fishing conflict between Iceland and .other maritime nations. Despite the seemingly localized nature of this dispute, it has been an issue for heated debate in the United Nations, and the subject of an opinion of the International Court of Justice. Room and hour information will be posted. Join . Opinion 1 Room 623 �September 18,1975 . 7 OPINION to »yv{-.n't.** -V" �September 18,1975 OPINION 8 P Alumni resident's Annual Report Hon. Rudolph U. Johnson, Alumni Association President for the 1974-75 year, delivered the following annual report to the Law Alumni on the state of the Association upon his departure from office last May. LAW SCHOOL ALUMNI ASSOC!A TION REPOR T OF PRESIDENT R UDOLF U. JOHNSON FOR THEPERIOD OF JUNE, 1974 to MAY, 1975 In accordance with the By-Laws, 1 hereby submit the following report of the affairs of the Association for the period from June, 1974 to May, 1975. First, 1wish to thank all of the Officers, namely, HAROLD BRAND, VICEPRESIDENT 808 FINE, TREASURER BOBSCHAUS, SECRETARY and all the Directors of the Association for their hard work and Law Spouses Association Awards Scholarships Two $100 scholarships were awarded to one second-year and one third-year student on Saturday, August 30, at the Student Law Spouses Association Annual Welcoming Brunch. Brian Carr was present to receive his check, but James Dillon was unable to attend. The Brunch, the only orientation event geared especially to both halves of student couples, was attended by approximately 75 people. A brief panel discussion beginning the program was led by President Tina Stoufer, Vice-president Sheilah Rostow, and their husbands, Tim Stoufer and Victor Rostow. They spoke on the effects of law school on the relationship of a couple or family. The discussion was followed by brunch in the Faculty co-operation in continuing to accomplish the aims of our Association and, also, I thank the various individualsand committees appointed to promote the various programs and events scheduled during the year. More particularly, I wish to thank the seven out-going Directors of the. Lounge: Board who have completed their terms. Namely: .' JUDGEROGER T. COOK. JUDGE SAMUEL L. GREEN ALVINM. CLICK RICHARD F. GRIFFIN RICHARD A. GRIMM, JR. WILLIAM H.HEPP WILLIAM J. LOVE, JR. . Among the projects the Association participated in this past year was the Moot Court Program at the Law School. At the October, 1974 Board meeting, a contribution of $750.00 was authorized to the Moot Court Board of the School in order to help underwrite the Moot Court Competition. Donations were also authorized for lunch and transportation expenses for Mock Jurors who served in the Fall and Spring sessions of the Trial Technique Program of the Law School which is now headed by John Stenger. Total donations amounted to $425.00. Finally, the Board gave the sum of $500.00 to the Student Bar Association at the Law School to help defray expenses of a reception which was held in conjunction with the Commencement Ceremonies at Kleinhans Music Hall on June 8, 1975. Special thanks are also in order to Anthony J. Renaldo our perennial Chairman of the Annual Mid-Winter Luncheon held in conjunction with the New York State Bar Association Meeting in New York City. The luncheon was well attended and Congressman John LaFalce did an excellent job as Speaker at the luncheon. Our Placement Director, Pat Hollander, has been responsible for the preparation of a Law School Placement Brochure which is mailed to some 3,000 law firms, government agencies, etc. inviting participation in on-campus interviewing in the Fall of 1975. Sheis also making arrangements to provide for a Law School Alumni Directory containing the 3,000 addresses of Law Alumni to be completed sometime in the Fall Semester of 1975. She reported that 91% of the graduates of the Class of 1794 who were surveyed are now employed. Pat Hollander has participated in all our programs and has done an outstanding job towards increasing the rapport between the Law Schooland the Alumni. The Mid-Winter Dinner chaired by Harold J. Brand, our Vice President, was a huge success. The Distinguished Alumnus Award recipients included: Tina and Tim Stoufer and Sheilah and Victor Rostow lead panel discussion on married studentlife. The first meeting ot the and faculty, but couples are to attend. The Association will be held on encouraged Friday, September 19, at 7:30 calendar of coming events will be p.m. in the Faculty Lounge, fifth discussed at that time, and floor of the law school. The refreshments will be served. students meeting is open Bookstore Clash Erupts Again; Law School Again Victorious For the second consecutive summer, a group of Law School administrators, faculty and students were forced to mobilize on short notice to block plans by University Bookstore Manager Thomas Moore to alter bookstore services to the alleged detriment of the Law School. Early in August, Mr. Moore announced his intent to transfer Law Bookstore Manager Mary Lou Palesh to a new position in the Ellicott Complex Bookstore, thus severing her seven-year association with the Law School bookstore. The announcement prompted an immediate campaign, waged by an informal coalition of concerned faculty and students, to reverse the decision, the coalition being motivated by a belief that Mrs. Palesh's law book expertise was invaluable to the Law School and that Mr. Moorelacked sound reasons for the decision. In the summer of 1974, Mr. Moore made an attempt to transfer all law materials to the Ellicott Complex facility, which attempt also proved unpopular with the Law School and was successfully resisted. Mr. Moore was known to be unhappy with the Law School's success that year,and some participants in that previous coalition speculated this summer that his plan to transfer Mrs. Palesh out of the Law Bookstore was "vindictive." With the formation of another coalition of law faculty and students this summer, a meeting with Mr. Moore was held at the Law School, with Moore defending his decision and the coalition striving to convince him to reverse it. According to Moore, he recognized Mrs. Palesh's expertise in the area of law materials but thought it best to transfer her to the Ellicott Complex "to broaden her managerial horizons" in other areas. The consensus of those representing the Law School, however, was thatsuch a transfer would only be counterproductive, since law materials demanded special expertise and were satisfied with the serviceof Mrs. Palesh in that capacity. Several days after the meeting, Mr. Moore notified the Law School that the decision had been reversed and Mrs. Palesh would remain as manager of the new Baldy Hall Bookstore, which would incorporate the Law Bookstore formerly in O'Brian Hall. Dean Richard Schwartz, upon learning of the withdrawal of the transfer plan, issued a statement "to congratulate Mary Lou for her promotion and express on behalf of the entire Faculty our great satisfaction that she will continue to provide current and future generations of law students with the kind of advice and service which have been so valuable in the past." Dean Schwartz also attributed the successful campaign to "a team effort," thanking participants Wade Newhouse, William Greiner, Charles Wallin, Rosemary Roberts, and Ray Bowie. patrons NewLawReview Associates HON. SEBASTIAN J. BELLOMO, JUDICIAL SERVICE ROBERT W. GRIMM, PUBLIC SERVICE M. ROBERT KOREN, PRIVA TEPRACTICE JOHN E. LEACH, POSTHUMOUS The Chemical Bank of Buffalo sponsored the cocktail party and I'm pleased to report that, following the precedent set by nast Presidents JBayger, Gridley and Denman, the dinner was a financial success and the Alumni Association netted $2150.00 which far exceeds monies made at any previous dinner. I wish to thank Provost Richard Schwartz and the faculty for the splendid co-operation and assistance received from the School and am sorry to see that he has submitted his resignation as Dean of the School to order to followhis first love of teaching. I might add thathe l-i'dt our Association have some active participated in the selection of the new Dean and I have been in touch with President Ketter on this matter, both by mail and phone, and he advised me that our suggestions will be given consideration. I convey to Presidffnt-Elect, Harold Brand, my best wishes for success in his on-coming term of office. Front Row (L to R): Charles Blotter, Don Bloomfleld, Bill Barker Sandy Berland, Pat Deveny, Tina Dolgopol, Barbara Perschetz, Daniel Golden, Andrew Spacone, Harvey Edman, Martin Kamlnsky Back Row (L to R): Richard Cohen, Becky Dick, Chris Carty, David Sheridan, David Clegg, Joseph Rlotto, Chris Sterner, Peter Hodkin Samuel Guiik, Robert Jenkins, Irvln Mermelstetn, Dennis McCoy Ronald Berger ~ " � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-09-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 16 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/18/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a2ad709c8987a562200daa88e9fdb6f6.pdf 59892700701926bd6cbdd6cd2de02335 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 15, Number 13 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Opinion Budget Tabled; SBA Investigation Due May 8,1975 Allocation Vetoed; Copier Funds Used attempt to intimidate the editors or replace tnem by Dave Geringer with "people favorable to SBA." Ms. Roberts responded that the investigation After their planned use of mandatory activities fees to send "had nothing to do with the editorial" and that the students to Albany last week was vetoed by Student Affairs Vice real issue was whether a "studentnewspaper funded President Anthony Lorenzetti, the Student Bar Association expended by student fees should be accessible to student $400 from its photocopier account to send one bus to the state input." She conceded that Opinion had "a right to capital. Approximately 35 or 40 students went to Albany in what SBA whatever editorial policy" it wanted,but added that VicePresident J. GlennDavis termed "an educational experience." "a student newspaper should not be perpetuatedby One of the original purposes of the excursion was to watch it should be open." a few people Assemblyman Arthur Eve introduce a bill calling for amnesty for all investigation the Ms. Zeisel, who introduced those indicted in the wake of the Attica riot. However, Mr. Davis was motion in SBA, likewise aagreed that Opinion not sure when the bill .was to be introduced. shouldhave editorial freedom, while contending also "Originally, the bill was to be mtroduced on Monday," Mr. Davis that the editors must make a "good faith effort" to reported. "We were then told that it was going to be introduced on attract people to its staff and publish items of Wednesday. The motion passed by SBA did not reflect that change" in interest to the entire student body. The-budget the date the bill was to be introduced, Davis Added. meeting, she continued, provided the "only real input" SBA has into the operation of Opinion and Letter of justification budget. hence offered an opportunity to investigate any Mr. Davis stated that a letter had been sent to Dr. Lorenzetti justifying the trip to Albany. "Theletter was phrased in terms of being With only director Mark Linneman voting in allegations. Ms. Roberts told The Spectrum last week that it an educational experience," Mr. Davis said. Dr. Lorenzetti's attention "opposition, the SBA tabled further action on the Opinion budget and voted to have President was "merely allegations" that SBA was investigating had been called to the matter by Ray Bowie, who claimed the Rosemary Gerasia Roberts appoint an impartial and that "there may be no truth in them expenditure was in violation of the SUNY trustees' guidelines for investigatory committee, which has been charged whatsoever." When questioned by that newspaper as mandatory activity fees, which prohibit expenditures for political with a duty to hold hearings on any complaints to specific allegations, however, she said that the purposes. against Opinion and report back to SBA on May 9. investigatory committee she was appointing would Mr. Bowie, Sam Kazman, and Mark Linneman also filed a note of No representative of Opinion was present when SBA document the charges. issue to initiate legal action in the Special Term of State Supreme undertook theaction. J. Michael Kilburn, Daniel Golden and Doren Court before Dr. Lorenzetti eventually decided to veto theallocation. Reaction from Opinion Editor-in-Chief Dave Goldstein were appointed to the committeeand will The three students had requested a show cause order against the SBA continued page 4 Geringer, who said he learned of the SBA action report to SBA tomorrow on their findings. from rumors circulating the following week, was to Ramifications of the SBA investigation have charge that the SBA investigation was "without a been felt outside the Law School, most strongly in doubt" the result of SBA's displeasure over critical the form of a Spectrum editorial which last week editorials, particularly one which sharply criticized warned against infringements upon press freedom. an allocation from activity fees for what Opinion "By tabling Opinion's budget and trying to dictate termed legislative lobbying for an Attica amnesty what its obligations are," concluded The Spectrum's bill. Editor-in-Chief Larry Kraftowitz, "the SBA will by Robin Skinner Mr. Geringer claimed that no allegationsagainst only create an atmosphere of intimidation and Opinion had been specified when SBA took its transform its free student paper into a shallow a Thinking of joininga union of action, and that the investigation seemed only an public relations sheet." lawyers? Don't say no too quickly. According to Ronald Schechtman, a labor lawyer from New York City who spoke recently as a guest of the Distinguished Visitors Forum, Professors Haywood Burns and here has been in the intellectual Goldstein related. "The focus of more and more groups of my teaching and at Stanford will be professional employees are Paul Goldstein 'have announced property area (copyright their resignations from the Las patent law) and the real property essentially the same," added coming together to form units School, effective in September. area (property and land Goldstein, who has been a capable of bargaining to improve Burns will join the faculty at New transactions), as well" •as member of the faculty here for working conditions. York University School of Law, environmental management," eight years.. In the past, professional people generally were self-employed. while Goldstein will move to Thus they were free to set the Stanford, where he had a visiting professorship two years ago. terms and conditions of their The number of courses to be taught at Buffalo this summer was labor. Recently„ though, Mr. Burns announced his from six five last to reduced week with the that a Schechtman noted, the resignation in a note to the announcement faculty, citing "a wide range of planned section of Federal Tax I to be taught by Professor Louis Del government has become the his labor and from the control personal and professional Cotto has been dropped from the summer schedule. The remaining employer of thousands of mechanism. Individual complaints factors." Burns specialized in section, to be taught by Professor Bill Greiner, will handle "whatever professionals, hired to deliver the are not heard in the bureaucracy. services of the New Frontier and The union gives a voice that can criminal law, teaching criminal comes," according to Registrar CharlesWallin. Del Cotto reported thathe had obtained a grant which precluded the Great Society to lower-income be heard. procedure among other courses. Goldstein stressed the fact that him from teaching his section this summer. "I can't teach, I got a Americans. For these Schechtman indicated that the positive factors relating to grant," Del Cotto explained. "What happened was that the Baldy fund professionals, the terms and professional has been hesitant to by Dean (headed Schwartz), gives grants, gave employment, Richard which summer conditions of were turn to the union as a possible Stanford, rather than negative solution to his problems for aspects of this law school had led me a grant. Originally, the time to apply for grants ran out before I beyond their control. several reasons. Professionals have to his decision. "I view this as a could apply, so I asked to teach in the summer and was scheduled to Baldy reopened, do so. Then fund the and I applied for a grant andgot Grievance decision to go to Stanfordand not a stereotyped concept of unions Del Cotto one," normally added. "Professionals are and they would prefer not to one to leave Buffalo," Goldstein Del Cotto claimed that faculty members hadn't been given close enough to management to associate themselves with that said. "I had been out therebefore (in 1972-73) and had plenty of sufficient notice the first time that the grants were offered. "They said have an informal mechanism for stereotype. Professionals have time to get to know the place and that there was a notice in the faculty mailroom, but I never saw it," solving problems. It is when this usually worked quite closely with Del Cotto said. "They reopened the fund because there had not been grievance mechanism breaks down management and usually choose the people there." that the need for a union arises/ not to make the relationship Goldstein indicated that he sufficientnotice." Del Cotto offered that research had been his first priority. "Our Schechtman said. In some ways,it would be teaching in the same adversarial. Often, professionals doing field itself that's research, to [teaching] lends what the summer is the Marxist alienation of the view union membership as a area of law at Stanford. "The is Cotto stated. "Summer school for,"Del activity comes second." worker both from main area of my teaching the product of continued paQ* by Ray Bowie One of the greatest budgetary and constitutional crises ever to shake the Student-Bar Association erupted last week following an SBA decision to withhold approval of next year's Opinion budget pending the outcome of an investigation into charges that this newspaper has been Inaccessible to certain people. The charges were first broached at the SBA budget meeting on April 25, during consideration of Opinion's budget,, when SBA director Laura Zeisel claimed that she was aware of several complaints that Opinion had refused "to publish contributions or allow-open access to its staff. While declining to specify these allegations, she suggested that an investigatory committee be established to hear them prior to any approval of the 1975-76 Opinion ... - Schechtman On Professional Union * Burns, Goldstein Resign * Summer Course Cut , . , - * �May 8,1975 OPINION 2 Letters to the Editor Editorials Investigation or Inquisition? Supported by vague allegations, the Student Bar' Association has tabled this newspaper's budget pending an "investigation" which will "determine" whether or not Opinion turned away students in disagreement with editorial policy and/or refused to print articles opposing this policy. While only time will tell whether this investigation (or inquisition) attempts to abolfsh freedom of the press here, the fact remains that the budget was tabled one day after the SBA. was heavily criticized in thisspace. While articles or students disagreeing with our policy have not been barred, comments will continue to appear in space this whenever they are necessary. ,lf SBA wishes to fund a house organ, they had better look elsewhere. Another charge made by an SBA official was that Opinion was operating under a constitution that was never approved by the SBA. Article 6, section 5 of the SBA Constitution states that no student publication shall be suspended, and that freedom of the press shall not be abridged. Before the SBA begins charging others with violating their constitutions, they had better check to see that they are not viojating their own first. Correct Appraisal former members of the prosecution indicating the reluctance of the prosecution to The StudentBar Association of pursue allegations of crimes the State University of New York committed by state troopers and at Buffalo School of Law is prison guards, and as if this were deeply concerned with the lack of insufficient, the recent disclosure due process, denial of equal of an FBI informant in the midst protection of the law, the lack of of the Attica Brothers Defense regard for basic standards of Committee. justice and decency which have We question the wisdomof any characterized the conduct and further prosecution of the Attica attitude of officials of theState of Brothers. We feel that the New York in the prosecutions irregularities in the conduct of the arising out of the Attica rebellion. prosecution, together with the Being located in Buffalo, we presence of inflammatory have had the opportunity to publicity, much of it false, have observe first hand the Attica created a charged atmosphere in prosecution. We have witnessed which the probabilities of fair the use of pre-emptory challenges trials are nil, if not impossible. We to eliminate minorities as jurors, are of the mind that justice can the denial of funds to the defense only be served by dropping all while nearly ten million dollars remaining charges against the and the full resources of the State Attica Brothers and by pardoning have fueled the prosecution, the of those already convicted. We offers of parole and release for fully support the resolution to be time served to elicit desired introduced in the state legislature testimony, the disclosures of on April 30, 1975 to thateffect. I would like to respond to your editorial in the last issue of Opinion condemning the SBA for allocating $1300 for two buses to go to Albany. Attica has been an issue that has concerned a large number of law students at this school. Many students have aided in the defense of those indicted and have gained invaluable A Viable Issue . student concern, President] [SBA Vice defendants, Mr. Eve's bill will not J. Glenn Davis introduced a petition signed by 125 students declaring their interest in the trip before the money was allocated. With the recent revelations by Malcolm Bell of the failure of the state to prosecute state police involved in the debacle and by an FBI experience, iby -their, participation informant that she in that defense. As evidence of defense counsel infiltrated the of the Attica . As potential members of the bar, we are alarmed at the growing lack of faith in the judicial system, especially as it affects minorities and the poor. We are concerned lest this example of selective and invidious prosecution further contribute to" the erosion of confidence in the law enforcement system. Our society can ill afford such an erosion of basic principles and values. Prehaps most disturbing of all are the recent charges alleging an official cover-up on a scale comparable only to the Watergate scandals. The recent decision by Governor Carey calling for an independent investigation into the conduct of the prosecution, itself provided by media disclosures, while welcome, is a case of too little too late. We strongly urge the Governor to support the April 30th resolution. Student Bar Association be passed over lightly by the Assembly. Attica is still a viable issue and will continue to be so for a long time. Students should have every opportunity to view their legislature in action over an issue in which they have shown a great deal of concern and in which they have expended a great deal ofeffort.,: .; i warren SBA Second-yew Director "Uncontrolled Ranting" We applaud the integrity and courage the University's A few comments on your "available only to Student Affairs Office exhibited in prohibiting the a few." "an unwelcome change in and irresponsible (2) Generally, the largest SBA reflect expenditure of mandatory activity fees to bus students to distorted the composition of that body editorial, "Onto the Bandwagon expenditures each year Albany for an Attica amnesty demonstration and lobbying are for Into Disgrace": parties. How this can be defended, ■ ■." Unwelcome to whom? effort. Former Editor-irpChief, now (1) You suggest a trip to the state legislature Senior Editor, Despite the smokescreen of "educational experience" analysis in "Budget that the whileobserve Ray Bowie, who to making of a lost Priorities the the SBA repeatedly tried to generate, the University saw Needed" should be applied the resolution relating the SBA election by a to penal to the through this fraudulent claim to the substance of the activity trip to Albany. But that editorial system is called "a substantia! margin? Clearly, SBA's disgrace" to which the students were to be bused, which was legislative states that activities which offer beyond me. Why is chartering is composition is not "unwelcome" a lobbying in the classical sense. Both the SBA's%pril 18 "an equal opportunity for bus to the state capitol a less to a majority of the student body. More offensive than these statement, which accompanied the allocation, and the eveMs participation for all students appropriate collective action for a particulars is your strident and which actually transpired April 28 in Albany established, should clearly be accorded law student government than bitter SBA's action in beyond any reasonable doubt, that the University's appraisal priority .." The bus trip was this providing open bar in-" the responsetone. to a petition signed by kind of opportunity certainly Crossbow? of the allocation was Correct. well over 100 students is called you not, as imply, an activity (3) The SBA's action is said to News services in Albany reported that Attica indictees continued page 7 addressed the demonstrators in favor of the amnesty bill, that Attica defense attorney Dennis Cunningham also told students to learn from the success of the Communists in ATTICA MAY BE ALL OF ''unique educational Albany demonstration Indochina, and, according to the Buffalo Evening News US, BUT SBA SURE AS HELL opportunity." For this legal educational, it (April 28), "The U.B. group spent most of the day was also quite in the ISN'T! exercise, however, SBA can obviously: Legislative Office Building lobbying with state legislators I shall remember last week as receive only a C (or is it 0?): culturally 1. enriching to support an amnesty resolution that will be introduced the week in which SBA, long Education is only one of the (Guidelines §302.14(c)(3)(i)), by Assemblyman Arthur Eve." relegated to the childish endeavors grounds upon which the bus there being many buildings of Much has been said, especially by various student of fund allocations, sporadic allocation could have been historical and architectural government officials, as to how SUNY's restrictions on pretzel purchases, and ping-pong justified, and SBA totally ignored significance proximate to the political expenditures of this sort violated the ball maintenance, cast off the bibs the numerous alternative, and in demonstration area, their ornate diapers of infancy and leapt no way inconsistent, theories demonstrators' First Amendment rights. No one, of course, and facades available study for visual full-grown did any such thing, unless the First Amendment is to be personhood.into the heyday of upon which to base its ratio and observation by the visiting Last week was the decidendi. Not only was the students as they demonstrate; ludicrously translated into a right to have one's desired week in which SBA only ■continued page 7 legislation supported by people who are conscientiously learned how to walk, talknot and tidy Volume 15, No. 13 opposed to it. What the University did in disapproving the up after itself, but learned as well OPINION May 8, 1975 use of mandatory fees for such purposes was to protect the how to preach morality and Geringer Editor-in-Chief: Dave rights of the minority, or perhaps even majority, which practice law, act simultaneously as Senior Editor: Ray Bowie revered church and learned refused to be conscripted into this lobbying effort. Feature Editor: Louise Tarantino Alumni Editor: Earl Carrel The State collects the mandatory activity fee upon pain counsel, all within theconfinesof of withholding registration each semester and permits O'Brian Hall. Hallelujah! Contributors: Jeff Chamberlain, lan DeWaal, Gerry Schultz, Carl SBA decided to send buses to Heringer, Eric Zaetsch, Robin Skinner, Pearl Tom, student governments wide discretion as to its use. Student Albany Zeck. for an Attica they must, if governments desire_ mandatory activity fees, demonstration. When reminded, OPINION is published every two weeks, except for vacations, during only accept the legitimate conditions which the State rather rudely, that the. the academic year. It is the student newspaper the of State University of New York at Buffalo School of imposes to protect the Constitutional rights of students who Trustees' Guidelines mightSUNY Law, John Lord O'Brlan Hall very SUNYAB, Amherst Campus, Buffalo, New York 14260. The views oppose being forced to support political action with which well forbid this, SBA, taking experesed in this paper are not necessarily those the of Editorial Board they disagree. advantage of the vast legal or Staff of OPINION. OPINION Is a non-profit organization Third Class Postage entered at Buffalo, New York The Student Affairs Office here has, we believe, educations and resources at its policy Editorial of OPINION is determined collectively by the admirably fulfilled its responsibility in this regard, while our command, came up with the argument that this activity was a i^\j own SBA dismally failed. . . . - - - Educational Opportunity? ' lJ^^^^iOPlNlOtUtJmiti^a^omS^mt^ua - �MavB.l97S OPINION President's 3 END OF THE BAR Corner by by Rosemary Gerasia Roberts Jeff Chamberlain for most professors. A second approach is to write logically, that is, with well-constructed syllogisms. A "How to Write Good Without Actually Cheating" syllogism, because of its absolute uselessness, always has been of interest to lawyers.Briefly, it is a device for inferring a conclusion from a major and minor "Though this be madness, yet there is method premise. The major premise makes a statement about int." a class of things: for instance, "Not all major Shakespeare, Hamlet (II ii 208) premises are true." The minor premise says that the thing with which we are concerned is a member of Another school year is ending, and another the class, for instance, "The six words quoted above baseball season has begun, the latter holding more are a major premise." From this we conclude, "It is promise than the former. Due to the prevailing not always true that not all major premises are true." environment, the end of a semester is primarily Such is the overwhelming capacity of logic to inform distinguishable by final examinations. Everyone, it us of the realities of daily life that its usefulness in seems, is presumed to know the law except law writing term papers cannot be overestimated. It has students and lower court judges, The latter have been repeatedly shown that logic has absolutely no courts of appeal set over them to put them right. relationship to law, So it is suggested that you use The former are thralls to law professors who tell thisdevice sparingly. them what they've donewrong. A third technique is the typographical trick. The Final examinations are examples of the general foundation for this gambit is to introduce symbols* idiocy of sociological methods. The good-professor or abbreviations into your writing. "P" for plaintiff (one word, like damn-Yankee) asks Mr. Smith (a and "D" for defendant are elementary examples. student) what he understands to be implied in Rule The trick is to slip in the wrong letter. This 10-x-b-7 of the Code of Hammurabi, and its subterfuge while admittedly an infraction of the influence on the syncretic evaluation of Regulation ground rules rarely incurs a penalty, as it can 29-376 of I.R.S. Code (>894), Section G in always be blamed on the typist. In fact, you conceptual terms, of course. Mr. Smith, reasonably probably need not stoop to it yourself, as most conversant with the subject, proceeds to write typists will gladly enter into the spirit of the furiously for three hours, the result of which is occasion and cooperate voluntarily. But if, by gibberish whose incoherence is exceeded only by its chance, your argument does not get badly garbled, illegibility. Great piles of completed bluebooks are "your reasoning is likely to be all too easy to follow, thendelivered to the good-professor who must spend provided that the reader knows what the symbols eighteen hours a day "correcting" them, all the while stand for. Here, your line of defense is: at all cost complaining of the hardship of his lot as if poor prevent him from finding out. Thus, you state in the Mr. Smith was responsible for the outrage in the first ■ fine print of a footnote on page-ten that the leading place. case in the field (carefully cited) will "hereinafter be The end result is a grade which is supposed to referred to" as "the Smith Case," and then, on page reflect Mr. Smith's ability in one petty area of law or twenty-two, introduce "the Smith Case" out of another. Therefoave been* some slight misgivings as to nowhere. Although your reader will eventually catch the accuracy of such a procedure. up to you, you can further throw him off Some final examinations masquerade as term temporarily by making him think he knows what the .piiiper!,. ,Mo,st. students, have, trouble writing term symbol 01 -abbreviation means. For example, every papers because they are stupid. Most students hwo professor will know "theGriswold case," so you can do not have trouble writing papers are stupid, too, hold him at bay by heaving into your analysis some but.they do know one thing that their colleagues do other case involving a "Griswold." The poor fellow not: Since most concepts of law are relatively simple will automatically start thinking in terms of (once you understand them), any ambitious writer "penumbras," then begin wondering how rights of must, in self-preservation, prevent the reader from privacy get into your paper on corporations anyway understanding that/7/s ideas are simple, too. and finally discover thatall the while "the Griswold There are several techniques which can be used Case" to which you referred was an 1861 writ of accomplish goal. this One is write to a paper so mendamus. To conclude, I would like to thank both the Executive Board and to Speaking of footnotes, a subtle ruse is the Board of Directors for the professional and responsible way they dealt obscurely and uninterestingly that no one will with one of the most difficult issues ever to be placed before the SBA. attempt to read it, but will instead genuflect in awe "unconsummated asterisk" gambit, suppose you are before such erudition. This approach is too subtle continued page 8 Have a good vacation! / One of the most profound features of? our legal system that a law .student can respond to, is that Its/creation was not spontaneous and that its growth will never be completed. Rather, our system was and is the result of continuing social, cultural, and moral development. And it will continue to respond to these factors, changing ana evolving according to the-demands of our society. It is with this insight, and in consideration of a petition signed by more than 150 students, that the Board of Directors of the SBA allocated money to send buses to Albany to observe the direct relationship between social demand and the legislative process. While the allocation was being considered by Dr. Anthony Lorenzetti, Associate Vice President for Student Affairs, theSBA was informed by Ray Bowie that if we succeeded in having the expenditure accepted, he would attempt to get a Temporary Restraining Order issued against the SBA. In response to this, the Executive Board retained HandschuandKlaif as counsel to defend against such an order in case Mr. Bowie was able to procure one. Subsequently, and despite a letter of justification from the SBA and a reaffirmation of their original resolution, Dr. Lorenzetti refused to process our allocation on a technicality.The merits of our request were never reached. Pursuant to a directive from the Board of Directors to take any necessary action to see that their allocation was executed, and on the advice of our counsel, the Executive Board then expended $400 from the SBA photocopy account to send one bus to Albany on Monday, April 28th. This money was not subject to mandatory fee guidelines and there were no internal SBA restrictions on its use. In taking thisaction, the Executive Board felt that it was fulfilling a duty not only to the Board of Directors and those students who signed the petition, but to the entire student body. We considered the denial of Student Affairs to process our allocation to be arbitrary and capricious. According to SUNY regulations, when a budgetary request is denied, a Board of Review must be convened to review the allocation and forward its recommendations to the president of the university. The board must be composed of four'members appointed by the administration, and an equal number appointed by the organization making the request. This review was not afforded to the SBA. In fact, the Law School's case was never even submitted to President Robert Ketter forihis conswleii;atian'>ias was intimatedfoyQr. Lorenzettii < nmnx,Kut The purposes and'intent of the SA are not necessarily thoseof the law school. A law student has both a moraland professional obligation to observe and respond to those factors which influence the very system to which he expects to contribute. The right to determinehow this responsibility is to be discharged should not be dismissed arbitrarily, but should be protected and insured. - ,. ' The outside World by Carl S. Heringer As pressures grow ant time grows short on the Inside, it becomes harderand harder to find the time to go Outside. Some things do encroach themselves one's mind, The cruel Buffalo winter seems to be over; witness the sunlight falling on my typewriter in the early evening. There is even warmth in that light, and green life is beginning to appear. It has been said that this city is a very nice place to be this time of year. It would have to be in order to compensate for the rest of the year. According to theBuffalo Evening News, that all-news radio station will not be coming to Buffalo, as the station owner did not give the go-ahead to those who were planning it. Due to the vagaries of time and the definitiveness of deadlines, my annual Kentucky Derby survey falls in-between the time 'of this writing and the printing. That is, the race is this Saturday for me, and last Saturday for you. Did you ever try to break a contract with your bookie? As promised, here's Myles the Magician: "You dedicated readers won't be . FOOLISH PLEASURE has «# best record of the entrants but really has not been dominant in his recent races. He barely won the Wood, was solidly whipped by PRINCE THOU ART in his last race in Florida, and appeared to be tiring in his first Florida win.PRINCE THOU ART'and SYLVAN PLACE will run asan entry and come from the people who gave us LITTLE CURRENT last year. PRINCE THOU ART is a closer and will need a fast pace to win.... SYLVAN PLACE will probably cut some of that pace along with BOMBAY DUCK AVATAR and DIABLO come in from Californiaand are really unknown quantities. DIABLO's last race was a "monster" and he is ably ridden by Laffit Pincay. We would rate him the dark horse in the field. AVATAR was unimpressive in the Blue Grass and really has shown only one worthwhile performance. Bill Shoemaker will help him. The last major contender is MASTER DERBY, who has won two races over the Derby track. The horse is razor-sharp and if the track is muddy his chances are even greater. For long-shot freaks, MEDIA might be the best bet. reading thii prediction on the Derby until No horse in the field looks outstanding, side, after it was run. On the positive MASTER DERBY, 2. nobody can blame the prediction for any but we'll go with: 1. 3. PRINCE THOU money lost at your local OTB parlor. You FOOLISH PLEASURE, ART. As a cop-out, we are wary of can have some fun though, saying whatata basis of our just on the DIABLO fool the predictor was. To the issue .hand. ', ignorance,". ,.., ,. - -— — - Environmental Notes by GeralJ R. Schultz Buffalo is in a uniqueposition, in many ways. In this city, we have a chance to study and interact with air pollution, water pollution, thermal pollution,' land use issues, urban mass transit,and, last but not least, nuclear pollution. There is a nuclear fuel reprocessing plant thirty miles south of Buffalo in WestValley, New York, while nuclear power plants are planned for Somerset, New York on- Lake Ontario, north of Buffalo. The reprocessing plant, which operated in the late '60's and early 70's, has been shut down since 1972. It is owned by Nuclear Fuel Services, Inc., which is owned by Getty Oil. NFS has applied to the Nuclear Regulatory Commission (formerly the Atomic Energy Commission) for licenses to reopen and expand. The Sierra Club and several other groups and individuals have intervened in the licensing proceeding, with several members of the Environmental Law Society assisting the Sierra Club. Nuclear power is generating an increasing current volume of debate and controversy. In order to give some background to this debate, thenuclear fuel cycle will be outlined and the main issues of the controversy identified. The nuclear fuel cycle begins with the mining and milling of uranium ore. Uranium oxide is then shipped to a conversion plant where,it,is cpnverftd to uranium hexafluoride. This compound is shipped to an enrichment plant where the gaseous diffusion process increases the proportion of U-235. {There are only three of these plants, all owned by the federal government. A single plant costs two billion dollars to build. A single plant in Portsmouth Ohio, uses 10% of the electricity used by the entire state of Ohio). The enriched uranium goes to a fuel fabrication plant where fuel rods for reactors {power plants) are made. The rods are transported to the power plant and placed in the reactor core where they generate heat which is converted to electricity. The rods have a useful life of three to four years. After this period of time, they must be removed and replaced. The "spent" rods are taken to a reprocessing plant {such as the NFS plant in West Valley) to recover the uranium and plutonium in the rods, while the other fission products and the radioactive waste created at the reprocessing plant must be disposed of. The uranium and plutonium is reused. The main issues in the nuclear power controversy are: {1) How to dispose of the radioactive waste material. The Current Energy Research and Development Administration (ERDA) proposal is to store it indefinitely while they attempt to determine how to dispose of it permanently. (2) Reprocessing of the spent fuel. Reprocessing plants contribute far - continued page 6 �BALSA Attends National Convention Allocation Denied - May 8,1975 OPINION 4 continued from page 1 regarding the issuance of a temporary restraining order to block the activity fee expenditure. The suit was withdrawn following Dr. Lorenzetti's favorabledecision. No limitations SBA President Rosemary Gerasia Roberts indicated that money from the photocopier account had been spent in various ways during the past years. "There were no restrictions on the use of the account," Ms. Roberts noted. . Schechtman -threat - continued from page 1 to their image and status instance, in unions of faculty at position in society. Also, private schools, the faculties of professionals are basically the law school and the medical skeptical, Mr. Schechtman school each have their own union. pointed out, and want to see Even though the union may be results before they accept the small, it does have a significant union. amount of leverage over the Major distinctions employer since the best There is one major distinction professionals can always leave and between the professional union be hired elsewhere, which is not and the blue collar union. The blue collar union is concerned primarily with bread and butter issues such as wages and hours. The professional union, on the other hand, is more concerned with non-economic issues such as self-governing powers for university faculties and client continuity for Legal Aid lawyers. Because of this, professional members may easily be alienated from the union as well, if they find that it is unable to solve non-economicproblems. Additionally, if there is too much emphasis on the financial conditions of employment, the professional may feel that he is being wrongly characterized. As a result, most professional unions are not affiliated with any national organization or union, preferring to be independentand self-sustaining. Although there is more "political clout" with d larger unit, Mr. Schechtman said, professionals have such specific needs and interests that smaller units serve them better. For . the case with the blue collar workers. More than 500 delegates from various law schools across the nation convened in Atlanta, a city illustrative of black professional success, for the national convention of the Black American Law Students Association from March 26-29. The setting was uniquely appropriate in that Atlanta is a city with a 50% or more black population, the first southern city to elect a black mayor, and a city which served to give young black students an optimistic look at the possible benefits of their educational rigors. Appropriately, Atlanta's black mayor, Maynard Jackson, is a senior partner in the successful black law firm of Jackson, Patterson, Parks, and Franklin, and the convention headquarters were at the all-black-owned Paschal's Motor Hotel. The well-planned convention contained many informativeand significant events. On Friday, March 28,- a luncheon was held in which Ronald Davenport, the black Dean of Duquesne Law School, was the principal speaker. The luncheon was held in the Morehouse College dining facility which is a part of the historic Atlanta University system. The system, which consists of Morehouse College, Clark College, Spellman College, Morris Brown College, Interdenominational Theological Seminary and Atlanta University, is laden with significant contacts with people who have influenced the black experience in the United States, including the late Dr. Martin Luther King, Jr.*, Maynard Jackson, Julian Bond, HowardMoore, and W.E.B. Dußois. On the closing night of the convention, a benefit was held for the-defense of Jo Anne Little. Karen Galloway, who is representing Ms. Little in the controversial case, was the principal speaker. The grass-roots approach of the speaker and what she called the serious miscarriages of justice in the United States, the State of North Carolina and the Professional unions Mr. Schechtman's firm currently works with unions of professionals including architects, curators of art museums, civil service lawyers, faculties, physicians, interns and residents in hospitals. While therehave been strikes carried out by some of these groups, most recently interns and residents in the New York City hospitals, many professionals are hesitant to strike because of the ethical considerations involved. Also, the success of any strike by professionals is critically dependent upon the sympathies of one public for its ultimate Prior to consideration of trje 1975-76 budget success. reqpests, the StudentBar Association voted on April Mr. Schechtman is a 18'to table indefinitely, and in effect kill, a request contributing editor of Juris for recognition made by a newly-established student Doctor magazine and wrote the group, Law Students For Equality Upon Merit. cover story for the November 1974 issue on this topic, titled The organization claimed in its constitution that "The Bluing of the White-Collar it stood for the proposition that the law schooland Professional." legal profession should treat students without consideration of race, sex, or other accident of birth, and that it opposed affirmative action or any ideology which denigrated individualmerit. Little case in particular made anybody concerned with balancing the scales of justice reassess their current position and to direct their future efforts toward a more positive commitment. The Rev. Martin Luther King, Sr., made a dramatic arid moving appeal to all people to dedicate themselves to the realization of his late great son. An aura of dedication and commitment permeated the surroundings at this, the convention's final activity. Other activities of the convention included several seminars ranging from access to health care (an in-depth analysis of the recent sterilization scandal, a constitutional right to health care, a national health care plan, and litigation in thehealth care area) to litigating with a Law School (a survey of the continuing struggles by law students against racism in admission, grading and livingpractices at Various law schools). There was also a job placement and career planning program in which law firms, legal aid agencies, government agencies,- and corporations participated and recruited at the convention. Recruiters included the Central Intelligence Agency, American Telephone and Telegraph, StandardOil of Ohio, and the Legal Aid Society of Birmingham, Inc. This is in no way an exhaustive list of the recruiters present, but can give one an idea of the diversity of the groups represented, s Other distinguished participants in the conventionincluded representatives of the Gate City Bar Association, the National Bar Association, the National Conference of Black Lawyers and the Black Law Professors Association. The convention consisting of regular business sessions, election of national and regional officers and social gatherings ended with a commitment by all present to return to their respective schools and become actively involved in the reversing of the current trend in the acceptance of and graduation of fewerblack people from law schools. SBA Refuses Recognition Law Spouses Elect 75 76 Officers - by Brent L. Wilson Several weeks before, the same group had submitted a constitution for a male Law Students Association, which was rejected. Submitting a constitution as Law Students For Equality Upon Merit, the group hoped to fare better in the .SBA, feeling that the organization's!.name now.merely described its philosophy. Upon a motion by SBA 2nd Vice-President J. Glenn Davis, however, the recognition request was tabled indefinitely without debate on the request itself. SBA director Mark Linneman, a supporter of the new organization, requested that SBA at least debate the propriety of the group's philosophy if that was the objection to its recognition, but the motion to table passed by a substantial margin. SBA must approve the constitutions of all newly-established organizations so that they can function within the law school, seek an office, or request a budget. Supporters of Law Students For Equality Upon Merit alleged that never before had SBA denied recognition to a student group. The organization pledged to strive again for recognition when conditions in SBA were more favorable. Abortion Symposium Attacked I. to r. Sally Schermer, Tina Stoufer, Sheilah Rostow, Steve and Roberta Pheterson. Not pictured, Marilyn DeLorio. New officers were chosen at the Student Law Spouses Association elections at their April meeting at Professor and Mrs. Burgenthal's home. The officers elected at that time were: Tina Stoufer President, Sheilah Vice-President, Sally Rostow was raised and the sale was such a success that plans are being made to hold another sale in the fall. Coming up is the finalbusiness meeting for this semester, to be held May 6th at 7:30 p.m. in the Faculty Lounge.* Plans for this summer will be discussed and Schermer Recording Secretary, committees appointed to organize activities for the fall and the Roberta and Steven Pheterson Treasurers, and Marilyn DeLorio upcoming year. -- — - - CorrespondingSecretary. On April 11th and 12th, S.L.S.A. held a plant sale to raise money for the Scholarship Fund. Approximately severity dollars An exchange of memos last WLA urged SBA week kept alive a controversy in of the allocation reconsideration and demanded the SBA as © whether the that WLA be given either the right Student Bar Association should to decide upon one half of the fund an Abortion Symposium panelists for the symposium or next year, as the Women's Law have an "equal say in developing Association (WLA) and the non-discriminatory criteria" for Abortion Symposium Committee selection of panelists. They asked traded charges on whether the for an immediate freeze on all Symposium was biased against the symposium arrangements until pro-abortion position. they were afforded this participation. Two weeks ago, the SBA voted The memorandumalso charged to provide $500 to the Abortion Symposium Committee for that the Symposium Committee panelists' honoraria, and another was "closed to any democratic $500 should the Committee decision-making and has lost the secure additional funding from trust of the WLA," had other University sources. The misrepresented having certain Women's Law Association had consultations, and was lobbied against the allocation, "dangerously motivated by both at Budget Committee misogyny." The WLA asked how May bake sale and 16th, hearings and again at the April 25 it, "the recognized student On a SBA meeting where it was passed. organization whose ongoing at lunch be held the Law will box School, another fund raiser for In a memorandum circulated purpose is to defend the rights of the scholarship. to SBA directors last week, the women," could trust that a pro-abortion viewpoint-would be presented when "women have not been given the right to choose conference participants." Members of the Symposium Committee, which is organizing the event, are Mark Zehler, Karen Gorbach, and Howard Stirling. The committee responded to the WLA's memorandum with a memorandum of their own, in which they denied the allegations of misrepresentation: and termed that WLA's charges were "a personal affront." The committee also explained efforts it had made to represent "a stronger pro-abortion viewpoint" on the panel and welcomed all input. At the SBA meeting of May 2, the SBA completed action on the 1975-76 budget, except for Opinion, without any reconsideration of the Abortion Symposium coming to the floor for discussion. �May 8,1975 OPINION Bleicher: Human Activity Safe for Planet by Robin Skinner example of this. In that case, the United States claimed that it had no obligation to Mexico to insure Professor Samuel Bleicher of the University of the reasonable cleanliness of the Colorado River ■Toledo Law School spoke recently on the topic of before it flowed into Mexico. Later, when the regulation of internationally shared environmental" United States was objecting to pollution in the resources. Several goals were mentioned by Prof. Columbia River as it flowed from Canada into Bleicher, including the use of the environment to Washington, the Canadians argued that under the improve the standard of living, the protection of the Harmon doctrine, they had no obligation at all. environment, the protection of human health, and the preservation of the environment for beauty and Environmental damage The Stockholm Principles state that the use recreational purposes. In controversies, nationsalso hope to achieve a made by any nation of an international resource settlement that will be acceptable to the other must not damage the international environment. countries which share the resources. It is important Compensation must be paid by the nation making too, that plant and animal species not be allowed to use of the resource for any damage thatresults from become extinct, since it is not yet known which of that use. The compensation required may be either them are vital to the ability of this planet to support economic, environmental or both. The Helsinki life. The priority which one assigns to these various Rules, rather than dealing with the problem of goals depends greatly on the level of economic existing injury, are directed to the formulation of a plan of shared, non-injurious use of limited resources development which a nation hasreached. known as equitable utilization. Each nation is entitled to its fair share of the use of the resource. Conceptsadopted Since the current upswing in environmental Ideally, there is no inherent preference of one use awareness, some basic concepts have been adopted over another. However, non-use is subordinate to for use in planning the regulation of resource active use and an existing use often gets preference "utilization. There must be limits on the use of over a new use. There is a basic problem with equitable resources, eitherbecause the resource itself is limited and non-renewable, or because there must be time utilization in that the finaldivision of the resource for the resource to renew or regenerate itself. It is and the type, location and degree of use of the desirable to preserve some resources for use at some resource are not usually the same as would be arrived other time in the future. Since the use of resources at if one nation controlled the entire resource. It must be limited, the uses that are allowed and would be desirable, Bleicher said, if there could be desirable at this time must be shared by the an international comprehensive plan for the interested nations. There may be an actual sharing of development and use of shared resources. The needs the resources, or one nation may make some form of of the sharing countries would be considered with payment to others for the right to usejriore than its facilities located at ideal sites. The nations would then share the products of the resource. Carrying out share of theresource. Once the goals have been established, Bteicher this type of arrangement would be extremely difficult at this time, since the channels for transfer noted, the question arises whether the international legal system operates to achieve those goals either in of the products .or payments for use are poor or the short run or the long run. Guidelines for the nonexistent. Protection of the environment requires environmental:obligations of nations have HeiVset thatth'e condition of the wholebe considered before out in the United Nations Declaration on the Human ariy action is taken.For this,Prof. Bleicher suggested Environment in the Helsinki Rules and the the use of experts and the submission of a document Stockholm Principles. Bleicher indicated that since similar to an Environmental Impact Statement the international legal system relies heavily on before changes are made in the use of the resource. negotiated settlements, extreme and self-serving principles are often articulated by the..nations Change suggested We need a fundamental change in our attitude involved. Often, these extreme positions serve the Bleicher suggested. Where immediate interests of the nation espousing them, toward the environment, the past we attempted to make this planet earth but they are not long term solutions, and they can in must now aim to make beings, safe for human we easily be turned around to the detriment of the originating nation. The Harmon doctrine is a prime human activity safe for the planet. Moot Court Consolidates Gains If there was a theme that pervaded the Moot Court Board's activities this past year, it was one of consolidating the gains from past years' experience, and making that experience pay off by working hard to achieve respectable success in this year's endeavors. In September, 1974, the Moot Court Board was the largest it had ever been, with approximately 20 members. AT the same time, the Board anticipated participating in five national and regional competitions, including two that had been entered for the first time the yearbefore. In order to insure better preparation for the upcoming national and regional competitions, the Board instituted a two-pronged program to improve briefs and oral performances. The first part consisted of assigning two Board members to edit the rough draft brief of each competition team. After editing, the competition team was required to rewrite the brief into a final form. The key to the project was that the editors were not to be members of the competition team, nor were they to have done any research in the area. In this manner, the arguments were sure to be clear, concise, and understood quickly by judges both familiar and unfamiliar with the subject matter of the brief. The second stage consisted of requiring a competitive run-off between the members of each competition team in order to determine which two members were to be selected to orally argue at the competition. Teams were instructed to contact both faculty members and area attorneys with expertise in the subject area in order to have them act as judges for the competition. In several cases, Board members who edited a particular competition team's brief were also required to act as judges in the run-offs. Other Moot Court Board activities included: The National Competition In its best showing in several years, the Board's National Competition team finished third out of eleven teams in last November's regional at Massachusetts. Buffalo defeated Suffolk Law Cambridge, School and the University of Connecticut in the first two days of the elimination competition, before losing to a strong Cornell team in the. simifinal round. Buffalo's brief was also third out of eleven, with 93 out of a possible 100 points. Desmond Competition For the second consecutive year, the Board broke records for student participation in the Charles S. Desmond Moot Court Competition. Twenty-four teams, the largestnumber ever, competed in last fall's competition. When the briefs were in, the oral arguments began in earnest. Each team argued one practice round in front of a panel of three Board members, who critiqued the oral performances and offered suggestions on how thearguments could be improved. The following week, each team argued once per evening for three consecutive nights, and all teams were required to switch sides at least once. The top two teams advanced to the final round on November 23. The finalround panel consisted of - continued page 6 5 Many Panels at Int'l. Law by Pearl Tom Panel discussions and lectures on several different areas of international law were held at the American Society of International Law's annual conference in Washington, D.C. from April 24-26. Students from the International Law Society of this Law School were among those attending. Some of the topics covered were quite timely. A panel on "International Law and the Food Crisis" covered the recently held World Food Conference and the Budapest Conference on Population Control. Participants discussed the accomplishments of each of these world meetings and the work that remains to be done. The panel indicated that while the world hunger situation has improved somewhat, a crisis still exists and cannot be overlooked. Food aid is still desperately needed. A system of grain reserves needs to be established, along with a means of insuring distribution of those reserves to those who really need them when the time comes. As a long-term solution, a dramaticincrease in production of food is needed if the problem is to be genuinely solved. There already have been problems in the distribution of food aid. In some nations, domestic authorities have held some of the food in storage, where it rots. Some of the food is stolen and sold on the black market, thus defeating the purpose of the aid which is to get free food to the starving. Several suggestions were made as to what could be done in the cases where food was being used as a political weapon. (Such use of food is a war crime according to the Geneva Convention.) A proposal was also made that courts should not grant sovereign immunity to offending nations. The basic conflict is one between the human right to food against the domestic right to self-determination. One methodof assisting poorer nations in their importation of food is to let those nations include their food needs as an element in trade negotiations, and allow them to export more goods in an effort to offset the_costs of importing food. Relationship recognized Both the Food Conference in Rome and the Bucharest Conference recognized the relationship between the population explosion and the food crisis in the statements which they adopted. The Bucharest Conference recognized the right of each family to extensive information on population control and warnings on the dangers of population explosion. The World Food Conference adopted a similar statement without dissent just a few days after the Holy See reiterated its anti-birth control position. While it is readily acknowledged (hat volunteer population control may be too slowin achieving results, the question was raised whether compulsory birth control might not be a violation of international law and the Bucharest Conference, which reaffirmed the right of each family to decide the number and spacing of its children. One proposal indicated that nations donating food might require the recipient nation to show good faith efforts to limit or halt population growth. In all of these instances, public support is vital. To maintain that public support, it is necessary to show thatit is in our own national self-interest to pursue this problem and solve it. Changes sought Another panel discussed "Women's Transitional Privileges and Disabilities," which acknowledged that the changes sought by the women's movement are extensive. Although the Equal Rights Amendment cannot change personal biases, its value should not be minimized. The panel declared that it would be useful as a "battle weapon" and will provide leverage to accomplish further goals. It is necessary that there be constant progress in the movement, no matter how small the steps, the panel indicated. Without some progress, the frustration would be uncontrollable. "Separate but equal" was quickly rejected as a satisfactory solution, although one panelist did indicate that it might be one step in the process of achieving the goals ef the movemenT. . Proposals outlined Several proposals for methods of caring for children while allowing a woman to maintain her job were outlined. Paid maternity or parent leaves with continuing job security were htought by the panel to be insufficient, since a woman would .still not be able to reach the upper echelons of the business worldbecause top positions are viewed as requiring long term, focused and uninterrupted attention. Child care centers are of some assistance, although they do not deal with the problem of daily household chores. It was also suggested thatwork done in the home should be counted as a unit of labor and compensated accordingly, either through income or tax breaks. It was further proposed that grandparents or other able elderly persons could be used to care for young children, thus solving two current problems. The young parents would be free to pursue their careers and the elderly would have responsibility that would help overcome their feelings of uselessness. Honesty needed Honesty in foreign policy was also the theme of Kingman; Brewster, President of Yale University, in his speech at the final dinner. Brewster indicated that the U.S. can no longer have its own way in the world. The United States must be willing to make compromises with other nations, if it is to come anywhere near reaching its goals. The interdependence of nations has made it necessary for us not only to be willing to make compromises, but to - continued page 7 �May 8, 1975 OPINION 6 Environmental Notes Federal Tax Z cycle will be exposed to high levels of radiation. (7) The safe operation of power radioactivity to theenvironment than plants and die consequences of a major the power plants. (3) Transportationof the accident. Proponents say chances of such -more continued from page 3 nuclear materials. While in transit, accidents are infinitesimal. Opponents say accidents will occur, perhaps resulting in a that, if such an accident did occur, would release of radioactivity. The material might you want a nuclear power plant near where also be stolen. (4) Persons might attempt you live? (8) Net Energy. Thereis evidence to sabotage a nuclear facility or stealI to suggest that if many nuclear power nuclear material from such a facility. (5) plants are built in a short time (i.e., twenty Because of the possibility of theft,' years) they will actually consume more hijacking and sabotage, vastly increased' energy than they generate. (9) The Capital security measures (more police and guards) cost of nuclear plants is increasing by leaps will have to be instituted. (6) Worker and bounds. The nuclear power industry Safety. Workers at several points in the fuel continued page 7 - Moot Ct. Turnof continued from page 5 Judge Charles S. Desmond, Chief I udge, and judge Matthew |. Jasen and Professor Ken Joyce, Associate Judges. The winner was the David Clegg-Chris Sterner team, both first yearstudents, and the runner-up was the team of Carolyn Pasley and David Ross. The Pasley-Ross team also received the best brief award, while Gene Reibstein, a second-year student, was named the best oralist. The Niagara Competition The Niagara Competition, scheduled for the first week of February, was somewhat of a problem this year. The due date for the brief was at first January 17, then January 24, both of which collided with the Law School's final exam dates for the first semester. A late start by the sole Board member working on the competition, Scott Slesinger, also hindered our .participation this year. Board candidates were used to fill the gaps, wills carididate Allah ManteT eventually 9. Eliminate the use of generation by Gerald R. Schultz shipping trusts. 10. Use the estate and gift tax to break One of the most frequent criticisms of. people who propose change is that they large concentrations of wealth. only tear things down, not offering any 11. Eliminate the tax exemption for constructivealternatives. Thus, thepurpose of this column is to offer specific suggestions for changes in the federal tax system, in the tax code itself. I have criticized the code, the system, and the way Tax is taught at this school. The following is what I think should be done. Much of the following is embodied in greater detail in the Tax Justice Act, proposed by the National Committee for Tax Justice. state and local bonds. Tax the interest yield as ordinary income. In place of tax-free bonds, the federal government will subsidize the state and local bonds by paying part of the interest rate. 12. Change the Social Security Tax (FICA). Under the current tax structure, a person earning $13,200 pays $772.50 in the samej as a person making tax $50,000. I would exempt low income people and tax middle and upper income — people progressively. In contrast, consider Chase Manhattan's 1. Eliminate the preferential treatment six point economic program: "capital gains." "capital Tax "1. Provide sufficient inducements for given to gains" as ordinary income. Make losses an ever-growing base of personal savings. fully deductible. 2. Establish more realistic guidelines for by lan DeWaal 2. Eliminate the investment tax credit. depreciation allowances. 3. Give preferential tax treatment for 3. Eliminate all forms of accelerated This, if all goes well, will be the last column under my byline. Chris Carty, currently in the depreciation. Allow only straight )ide "retained corporate earnings used for depreciation. investmentpurposes. first-year class, will take over the column and my 4. Eliminate all forms of rapid 4. Ameliorate our relatively harsh position of financial aid advisement next fall. treatment of capital gains compared with For those students graduating this )une, it-is amortization. stepped Eliminate the basis of that of most other countries. up time to arrange for the repayment of all those loans 5. property at death. Require that tax be paid 5. Stabilize our fiscal and monetary you have been accumulating during the last seven by the decedent's estate before transfer to policies to prevent violent swings in the years. If you have a National Direct Student Loan (NDSL) you are required to schedule an "exit the heirs. Include a $25,000 exemption for economy. 6. Eliminate unnecessary controls. And interview" to arrange for the terms of repayment. basic family assets. 6.. Eliminate the foreign tax credit as it do away with outmoded government Please call Ms. Charlene Cadmen at 831-2041 in now operates. Compute such credits on a regulations and- agencies that restrict our Hayes A, Office of Student Accounts. FREE MARKET ECONOMY." If you have a NYHEAC loan, you will be per country basis. Is what is good for Chase good for us? 1- Eliminate all mineral depletion contacted wilhin nine months of graduation by your allowances. The next time you hear someone say there lending institution to arrange for repayment. Please 8. Eliminate Domestic International rich and powerful class in the U.S., is no be advised that there are arrangements possible, to think twice. postpone repayment if you are unemployed. You Sales Corporations. must specifically request this, in order to avoid theScrew , defaulting. : Last week,. thjicplurnp,, mentioned that PAp. minority Fellowships Were available. Unfortunately,! misread the advertising brochure. These fellowships are available only for students entering as freshmen accompanying Slesinger to next year. If you know any entering freshmen in the Cleveland, Ohio as the team's minority program, could you tell them about this other oralist. Arguing fellowship. Information is posted outside the anonymously in this competition, mailroom. as required by the rules, the team lost a close match to the University of Toronto and suffered a not-so-close loss to another opponent. Since the competition was based on double elimination rounds, the second loss was the end for the team. However, Buffalo's brief, written and researched perilously close to and during final exams', ranked fourth among the field of The GraduatingClass of 1975 Faculty ofLaw & jurisprudence Cordially Invites the Law Classes of 1976 and 1977 to our CommencementExercises Sunday, June 8, 1975 8:00p.m., Kleinhans Music Hall Receptionfolliowing in Mary Seton Room Eminent Scholar to Speak at Graduation the 1974, she taught at the University of Chicago Law School. During these years, Dean Mentschikoff also did significant work in the areas of arbitration and international business transactions, being a work on the Uniform Commercial Code. member of the U.S. delegation to the Prior to her work on the UCC, she was a Hague Conference on International Sales in prominent Wall Street attorney in the field 1964. She has written numerous articles on of labor law. various topics and in 1969 published a In 1947, Ms. Mentschikoff was the first major work on Commercial Transactions, woman ever to be invited to teach at and is currently the President of the Harvard Law School, and from 1951 to Association of American Law Schools. Soia Mentschikoff, Dean of University of Miami School of Law, will be the guest speaker at the 86th annual Law School graudation on ) une 8. Dean Mentschikoff is primarily noted for her ALUMNI LINE. competitors. proximity to the Law School, it shouldbe even easier to recruit jurors, regardless of the fact that the trials will be held downtown in Erie Another is drawing to a close and this is thelast column for County Hall. Perhaps the reason for the funding is that virtually all -this school year, basjcally because this is the last issue of Opinion for instructors in the Trial Technique program are Alumni. Ah additional this year. A number o? things have happened since last time out, so no point can be made that since Trial Technique is a credit-bearing academic course, any funding should be coming from the state and not arrows, just bits and pieces of news. Several weeks ago, Richard Schwartz announced his resignation as from private sources. by Earl S. Carrel The JessupCompetition Elimination rounds for the Jessup Competition were held'on January 24th and 27th of this year. Each individual presented the case for both sides at least once, arguing a total of four times. As a result of the competition, Ray Bowie, Gene Reibstein, and Mark Hellerer were selected to represent the Board at the Regional Competition in Syracuse on March 14th and 15th. year Provost and Dean of the Law School effective at the end of the next academic year. "Red" has been a driving force behind the development of the school. A tremendous amount of criticism was directed toward him when he came to Buffalo as the first non-lawyer to head a law school in this country. Most of the flak was unjustified. As a former student, now an alumnus of the Law School, I can appreciate what "Red"Schwartz did foe this school. He is not the greatest teacher of law, but he has a unique ability to motivate a student to see that law is more than statutes and cases. He was and is a good administrator and At Syracuse the team compiled will be an asset to the Law School by staying on as a member of the the second highest oral score and faculty. garnered the second highest point I still haven't received an open letter to the Alumni from judge total for their briefs. The team Johnson, but I did receive a short note from him containing some good lost only one round during the news and some bad news. The good news is that the Board of Directors competition to Harvard in a split of the Law Alumni Association has voted to donate $500 to assist in decision. The Jessup team finished defraying the costs of a reception to be held after commencement second overall to complete a exercises on June 8, 1975. The bad news comes in two parts. First, the board authorized an highly successful competition for the Board. The host team, expenditure of $300 to cover the expenses of obtaining jurors for the Syracuse captured first place by finals in the Trial Technique program. This is a waste of money. For virtue of having the best brief years, jurors were drawn from among undergraduates and freshmen score, best oralist,and highest oral law students. No expenses were paid and the students were often eager to participate. Now, with a large number of undergraduates in dose /.v ; «W ;/ v ; v;.V:Y.;>v<v.v v The second part of the bad news is that the Board decided not to fund the Opinion journal. This appropriation has been hanging in the fire for a number of months and because of the delay, work on the journal of articles submitted by students has progressed to the point where publication is to occur in May. In order to make up the cost differential, non-paying alumni subscriptionvwill be eliminated from the mailing list of Opinion. To some extent, this amounts to Opinion cutting off its nose to spite its face, in that the alumni will be even more reluctant to fund something which they don't get to see, but as Ray Bowie and Dave Geringer tell me, youhave to scrimp someplace. Perhaps, the unnecessary Trial Technique jnoney could be put to a different purpose. There is still no word on a program of Continuing Legal Education, but I do hear rumors that the Placement and Career Development Office has aided the job* situation for graduating Law School students. The Student Bar Association has launched an investigation into the policies of the Editorial Board of Opinion. lJm a member of the board, but I have to work for a living so I'm not around often enough to know what's happening. As far as I can tell, they're wasting their time with an investigation that.is not only useless, but illegal as well. Keep thosecards and letters coming in, folks. See you in the fall I hope. - �M*V&.l*Ti OPINION Letters to the Editor Int'l. Law - 7 "Uncontrolled Ranting" continued from page 5 - and even to encourage the making of them. Only in this way can we continue at our present standard of living while at the same time enabling the rest of the world to attain that level as well, Brewster concluded. live with them happily, continued from page 2 discriminatory." Particularly galling are the accusations that SBA members who supported the trip were untruthful or deceptive. Your editorial fails miserably to support these charges. "a boondoggle," "incredible," a "wasting of student funds," "foolish," "arrogant flaunting," an attempt "to dissemble," and "cavalierly repressive and As I think over my own budgetary priorities for the SBA, it strikes me that paying to print this kind of uncontrolled ranting is a very low one. Thirdworld strategies John Stuart The "new rich" countries are an important element in any discussion of world economic strategy, concluded the seminar entitled "Third World Strategies for the Development of Economic Power." Carol Plumb, of Equitable Life Assurance was the moderator, accompanied by four panelists. Michael Gordon of the University of continued from page 2 Florida College of Law, Charles Okolie of Lewis University College of Law, Peter Talderman of the International Finance Corporation, and 2. recrea tional (§ 302.14 pretence. It posted huge signs collection agency is suddenly a (c){3)(ii)), for it is a fine and I■ asking people to reserve seats for self-righteous, self-supporting, Mr. Jose Valdez from the State Department served on the panel. Mr. Gordon stressed that the -most effective strategy of a third healthy thing to walk about in the! the "educational trip to Albany",', constitutionally-protected world nation would depend upon commodity sales, as in the case of brisk Albany clime, inhaling the i ('educational underlined twice);; American citizen. How so? How is raw materials instead of agricultural products. Professor Okolieadded clear fragrant breezes which, its leaders spoke of how lawi it their right, other than for the that third world nations must avoid market destruciton and price cleansed by Lake Champlain far ■i students would specificaffy fact that the guidelines spell out to the north, waft gently down inc benefit from the intellectual just what they can do with the fixing of indigenous trade goodsby foreign business monopolies. I According to Mr. Talderman, the focus is shifting wasy from a southerly flow; experience {those undergrade, oni fees? How is it theirmoney, other 3.. social (id.) traditional notions of capital sources, as for example England and no telling ; the other hand, being too dumbi than for the fact that the Trustees Switzerland, and moving toward the OPC countries. It is yet to be what friendships will forni, to catch the subtler points off saw fit to let them in on the act? settled what OPC countries intend to do with their newly obtained blossom, and be sealed during the picketing). If it was hard to keep al No, these aren't the crimes of a monies, whether they will continue to support the World Bank or turn long and wearying busride to and straight face listening to thisi victim of injustice; they're the drivel, it was just as hard to keep ai shrieks of a disgruntled elsewhere. As a consideration it was noted that OPC countries have fro the state's capitol; 4. tutorial (§302.14 straight face delivering it, because l bureaucracy, a collective monster vast amounts of money, but that their individual development is still (c)(3)(iii)), for God knows these it all came out sounding like that which no sooner gets jnto office relatively low. Mr. Valdez concluded the panelists' presentations by offering bourgeois dullards are in need of "educational ha-ha elbow in the! than it stops pleading "support some consciousness-raising; ribs i kid you not trip toi me, won'tcha won'tcha?" and three questions for third world economic strategy analysts: 1) how 5. athletic (§302.14(c){3)(iv)) wisdom-dripping Albany." How starts yelling "gimme gimme .homogeneous is the third world?, 2) will the newly-emerged third ■ world political strength (i.e., as evidenced in the UN) also mean (see recreational, supra) what's many credits do we get for going? gimme!", which has no conception of human action other successful development strategy or will it be counterproductive?, and good for the mind is good for the Guidelines and educationaside, than thinking that if it isn't 3) what plans are there for third world development programs by the body. spend education is but one how did SBA decide No, to aspect wealthier third world nations for their not-so-wealthy brothers and for I funded it won't happen, which of this multi-hued endeavor. money for an Attica i creates walking cogs for whom a their own ground root development? Discussion in the seminar entitled "Covert Intervention and Viewed in its total context, with demonstration? Was there ai vast panorama of soft secure International Law" centered upon U.S. involvement abroad. Speaking full interplayallowed to the many referendum even more short-livedI career niches will be ready and in general terms, chairperson A.A. Fatouros of Indiana University penumbras and umbrellas intrinsic and invisible than the much i waiting upon graduation. Yes sir, School of Law described "covert intervention" as a deliberate act on to the trek, the activity is so whispered-about Calendar■ right here in our very own SBA the part of a country through the actions of secret agents to provide conceptually bright aTW variegated Referendum? Did SBA Treasurer■ office are the post office clerks, material support, either in military wares or technical advice, for the as to bedazzle the judicial mind Kathy Novak reach out to the civil service leeches, legislators and immediate goal of providing and supporting power in the handsof one in to noth ing less than n an collective pulse of the law school, public executives of tomorrow; a faction, or else removing power. Secrecyjs essenfal.to the qojlity.of awe-struck ''uh-hun. ,* ,'; !» iV' 1ityhich 'I suppose hoyers'thirteeni big hand; ladies and gentlemen ... (•' I /Rhetoricaside' the educational feet above the library rotunda, covert intervention. IDlOfl (•'-. .;' '.'■ Lj.argument deserveslittle more than and measure its beat on, this issue? Now the bureaucracy is. angry. Richard Falk of the Center for International Studies, Princeton University, panelist, expanding upon Mr. Fatouros' description of. contempt. The guidelines set out Did SBA President Rosemary It finds that not only does the an exhaustive list body not unswervingly of activities Gerasia Roberts stick her head student "covert intervention," specified that in the case of the U.S., all countries outside the Communist block had some type of covert which may be funded by into one of the huge snack bar love it, but that some of those intervention within their borders, programmed according to the U.S. mandatory fees; the category of garbage bins, stir the contents ; untoward sentiments have the alignment of political sympathies. Pointing to theactivities of the CIA, political activities is conspicuously with a constructive wand, and audacity to find their way into Mr. Falk queried as to the apparent dichotomy in U.S. behavior, when absent. It is not my contention magically read our hearts from the print. SBA-funded print, for that all activities which involve juxtaposition of orange rinds and 1 matter! Rather than keep a stiff on the one hand the declared U.S. foreign policy advocates one style that of behavior and ideals, yet on the other, thorugh its covert politics are therefore chicken wing bones? Did 2nd Vicei upper lip and pretend it never intervention, is in actuality supporting a contrary polity. As. a result, impermissible; I claim only that President j. Glenn Davis receive at read these nasty nasty scribblings, (blazing clenched rather than rest content with a he said, foreign opinion sees the U.S. as a hypocrite and responds only activities which are essentially beatific vision vaguely to U.S. objections against covert action on the part of other political, and whose educational fist with fleur-de-lis on blue) while printed response, SBA throws a aspects are in comparison either passing under the Youngmann? fit. A budgetary fit. The Opinion's nations. nil or non-existent, are prohibited. How did they decide? ("Well, you allocation has been held up for Focusing on the impact of foreign policy in domestic matters, Mr. Lobbying, as well as campaign see we took this vote, you know, re-consideration, much like Gerry Falk suggested that the U.S. should adopt a foreign policy thatcould contributions, fall into this and it was 13 for, 6 against, and Ford announcing that American be told to its people. The reason for covert intervention in U.S. foreign uh ... uh ... we had a mandate, I policy towards Israel is up for policy, he said, is because it is impossible to trust people with the truth category. SBA, perhaps taking at guess..."). re-assessment. Mazel-tov! when the truth is so different from normative U.S. values. In heart the ballooning history of Now SBA speaks of taking all the commerce clause and various And mazel-tov for the rest of conclusion, he felt, it is ridiculous to believe that covert intervention enabling provisions, wishes to steps necessary to defend its right us as well. While the Albany trip outside of the U.S. will not carry over and be practiced within/the U.S. inflate the term 'educational to to spend its own monies. may arguably have taught us a the point where its rubbery limits Remember that these are folks little, last week's SBA episode Aliens in U.S. vanish from sight; in- short, it who just a few weeks ago went undoubtedly taught us a lot. In Active discussion arose in a well-attended seminar concerning the. w i shes to make the term around pleading for candidate fact, I'd say last week literally "Alien in the United States." Panel members were Jack Wassermanand meaningless. Now, it would be petition signatures and election oozed educational tidbits for Charles Gordon, lawyers in Washington, D.C., Sam Bernsen, General one thing if SBA could have been votes; just plain aid folks students to lap up hungrily. And Counsel, U.S. Immigration and Naturalization Services, and Maurice honest about this tactic, but scrambling for the privilege of it didn't cost cent. It Roberts, formerly chairman of the Bbard of Immigration Appeals, honesty appears to be one of the serving their beloved student those clowns ina room 504was, as are so Department of Justice. few things for which SBA has no body. Now they're suddenly 1fond of saying, a "learning Bernsen briefly described an overview of the immigration system. room in its budgetary heart. monied patrons whose rights are experience." There are two procedures for immigration, one for the Eastern Rather, SBA chose to embrace the being infringed. A two bit tax , SamKazman Hemisphere, and one for the Western Hemisphere. In both cases, immediate relatives to U.S. citizens, are allowed preferences. The two differ, however, in regards to numerical ceilings and exceptions of immigrants. Mr. Gordon emphasized in his talk the problems stemming from illegal aliens, the greatest being that concerned with Mexican Environmental Notes aliens. He usggested as a solution to the illegal alien problem better enforcement of laws which would discourage employers from hiring continued from page 6 now receives massive government subsidies. illegal aliens, as in therecently enacted Rodino Act. The deportation procedure was the theme of Mr. Wasserman's Without these subsidies, would nuclear 4t Alumni Subscriptions # presentation. There are over 700 grounds for deportation under the power be cost-competitive? Even proponents of nuclear power state Immigration Act, and there is no statute of limitations, therefore violations of the immigration law can apply retroactively. Aliens can that it is needed only for about the next iij Alumni who wish to continue receiving || seek discretionary relief to ward off deportation, and review of thirty years, because other energy sources Opinion in the 1975-76 school year are urged B (i.e., solar or fusion) will thenbe available. deportation orders is available. to obtain subscriptions. $2 annually; 13 11 Addressing the subject of constitutional law as applied to aliens, Yet some forms of solar-home heating and Mr. Roberts opened his remarks by stating that the aliens in the U.S. ( cooling are available now, as are other ! Issues. Available at this address. have more rights thanaliens in other countries. He said that aliensare alternative energy forms. Furthermore, if recognized as "persons" under the 14thAmendment, and are thereby i we as a nation made a concerted effort to entitled to full rights as U.S. citizens,and through a series of cases in ' conserve energy, we could save as much continued page S energy as nuclearpower would provide. \ , Educational Opportunity? - , , : — , ' - , , ' s r : . ■ , , , : : , . , . < i - §| , ; - H �Int'l. Law — Playoffs Out With continued from page 7 the Supreme Court, rights of aliens have been recognized to include due process rights, right to work. The current trend is toward allowing aliens to receive welfare and public benefits. Refugees on parole In the question and answer session following the panel discussion, an explanation of the Vietnam and Cambodian refugee situation was offered. It was explained that the Asian refugees will be admitted on a "parole" basis pending completion of necessary papersand procedures. The "parole" status has been previously used in the Hungarian refugee situation. Under special legislation, a right to workhas been extended lo persons with a parole status who would otherwise not qualify to work under existing law. New directions in trade "Commodities" was the key word in the panel entitled "New Directions in International Trade Policy." Chairing the panel was Stanley D. Metzger, Georgetown University Law Center. Panel speakers were John Leddy, former Assistant Secretary of State for European Affairs, Lawrence Krause of the Brookings Institution, John Rehr, formerly General Counsel for the Office of the Special Representative for Trade Negotiations, Richard Gardner of Columbia University Law School, and David Steinberg, U.S. Council for an Open World Economy. Beginning the panel discussion, Mr. Leddy recommended the formation of a new international trade council in order to achieve greater freedom of trade. Mr. Krause, looking into the actual trading that takes place, suggested emphasizing commodity trading as being the most vital issue. From the U.S. interest in trade, Mr. Rehr suggested that the 1974 Trade Act was indicative of a U.S. protectionist attitude, that it is more in favor of a restrictive trade behaviorand is estentially against national foreignpolicy. Robin Skinner of this law school, was elected secretary of the Association of Student International Law Societies at its annual business meeting held during the conference. Other officers elected were Logan Robinson, President, Harvard School of Law; Bill Raymond, Vice-President, University of Virginia School of Law; and Jim Lewellyn, Treasurer, University of South CarolinaSchool ofLaw. In addition to the ASIL program, the student section presented a selection of films and workshops. A multimedia program of filmsand videotapes was featured throughout the duration of the ASIL conference and included presentations on human and women's rights, the law of war and Vietnam, the multinational corporation, and the environment. Questions of organizing and strengthening school participation in ASILS, and hosting and planning regional Jessup International Law Moot Court competitions were discussed in the workshop entitled "Running a Student Society." In the workshop called "International Legal Careers," representatives from various areas of international law spoke on employment suggestions and information. Jessup Competition The 1975 Jessup Competition was the major thrust of the ASILS participation in the ASIL Conference. It was the culmination of an international competition that began last September with the distribution of the competition problem to schools in the U.S. and twenty other nationa. Attending the semi-finals of the competition were nine U.S. regional winners and ten foreign teams, while a team fromCuba participated for the first time as observers. In the final round of the competition, Judge Arthur Goldberg, former Justice of the U.S. Supreme Court, Karol Wolfe, professor at the University of Wroclaw (Poland), and Robert E. Stein, Director of the North American Office of the International Institute for Environment and Development, heard Georgetown University and Cambridge (England)- argue the competition problem. In a close contest, Cambridge was declaredthe winning team. End of the Bar May 8.1975 OPINION 8 _ their postseason tournament hopes ended, the baseball Bulls were intent upon finishing their season with a Sudden death by Dave Geringer to build next year's squad around. Improvement must be nucleus Several months ago, the Athletic Department lost a golden, shown if the Bulls are to go opportunity to improve the overall athletic program by dropping a request for an indoor ice rink when the state cut back funds for the new campus. As a result, the hockey program at Buffalo remains in suspended animation, while students are deprived of a valuable addition to what is supposed to be a first-rate athletic facility when would have been able to reach the and if it is finally completed. District II tournament this season. While the Amherst Campus slowly takes shape, rinks have sprung Now, Districts I and II have been up lite blades of grass at other units of the State University system. combined into Region I as the Oswego, Buffalo's archrival, has had a campus rink for several years. NCAA has switched the This year, Brockport, a team that the Bulls have soundly thrashed in tournament groupings from eight every meeting, joined the fold. • districts to a like number of Several state schools were able to obtain rinks even though they regions. The net effect is to did not possess varsity hockey squad. Both Cortlandand Pittsburgh a increase the number of southern iced teams for the first time this season, after rinks.were built on their and western representatives to the .campus. Additionally, Geneseo is expected to begin a hockey program College World Series. in October. While other schools prosper, Buffalo withers. The Bulls just In each of the last two years, two independent squads have finished their third-year in Cheektowaga's Holiday Twin Rinks, a been chosen to complete the field relatively new facility that is several miles removed from either in the District II playoffs, leading campus. Buffalo moved to Holiday three yearsago, buoyed by the fact to Buffalo's inclusion two years that they had attracted standing room only crowds on several ago. The Bulls joined Seton Hall, occasions at their old location, the Amherst Recreation Center. Temple and Perm State in 1973, Twin Rinks, which seats 2812, was supposed to be filled with with St. Joseph's taking Temple's nearly 3000 fans at every Bull home game. For the first time ever, place and St. John's replacing Buffalo contests would start at a reasonable time (7:30 p.m.) in a Buffalo last season. heated enclosure (The.Rec Center was often as cold as the parking lot Both Temple and St. Joseph's outside): Buffalo looked forward to many promising years in represented the East Coast Cheektowaga. Conference {formerly the Atlantic However, the Bulls' fortunes were to plummet like the stock Coast Conference), the only conference which had an market during the depression. The Bulls no longerplayed before 1000 automatic bid to the District I mad fans in a cold rink at 10:15 p.m.; giving them a home ice playoffs. Now, both the East advantage few of their opponents could match. Instead, their games Coast Conference and the Eastern were played before 1500-2000 passive fans in Cheektowaga, patiently Intercollegiate League (Ivy League waiting for the game to end so they could get their free plus Army and Navy) possess one-and-one-half hours of skating. As a result of the free skating, the automatic bids. Harvard, which Bulls were one of the few teams to have some of their fansarrive at the won the Eastern Intercollegiate end of the games.. As the Bulls' on-ice fortunes slipped, the fans vanished. Several title in each of the past several seasons, has gone to the District I games at Holiday Twin Rinks this past season drew crowds at or below playoffs in the past, leaving the attendance tn the "old days" at Amherst Rec. another spot open in District II wished to attend games and weren't on one of the few buses sent by for an independent squad. The the Student Association or Inter-Residence Council could only drive Crimson will now take up another their cars to get there, and the soaring price of gasoline undoubtedly slot in the new Region I. convinced more than a few potential fans to remain closer to home. In addition, the winner of the Next year, Buffalo is slated to shift their home contests to the Metropolitan Conference (New Tonawanda Sports Center in North Tonawahda, at least twenty usually been York City area) has minutes from the Amherst Campus and a half hour's journey from invited to the tournament. The Main Street. The crowds will certainly continue to dwindle, continuing selection of squads from the East the vicious cycle which will see the hockey Bulls' stock plummet even Coast Conference, Eastern further. Intercollegiate League and the Of course, a campus rink would benefit students in many other Met Conference would leave only ways. The ice skating course currently taught by hockey coach Ed one position open for several Wright, which has a limited enrollment due to the fact thatit is alloted powerful District II independents one-half the ice surface at the Amherst Rec Center in its only section, (Buffalo, Perm State, St. John's, could be expanded so that many other students could benefit from it. Pittsburgh, West Virginia, plus all Student free skating, currently limited to an hour or two after selected the District I non-conference home games, could take place at various times during the day when the teams. As a result, the Bulls must rink is not in use. The need to rent outside facilities for hockey and have both an exceptional squad skating would be obviated, saving a large expenditure each year. and a spring of good weather to Unfortunately, the many benefits of building a campus ice rink will rate any chance for the playoffs in most likely be ignored for years to come, perpetuating a policy that succeeding seasons. can only be termed as stupid. anywhere. The revising of the NCAA's playoff format raises a question as to whether a good Bull team '' continued from page 3 writing about a case of impleader. You use D 2 to represent the third party defendant, thus tricking the reader into looking for footnote "2". There isn't any, of course, but by the time he has decided that, he has lost his place and has to start over again. The other side of theasterisk ploy is to use a subscript as a key to a real footnote. The good-professor reads "D}" and tries to figure out where the impleader action came from, until he reads to trie bottom of thepage, finds footnote "2" and says "oh." But by far the most successful deviceis to leave out several paragraphs of analysis and for them substitute the word "hence," followed by a colon. This is guaranteed to stop even the sharpest professor cold, for he will have no ideahow you got hither from hence. In the case of a truly obdurate professor, you might substitute the word "obviously" for "hence," since your reader will not be likely to showhis slowness of reason by admitting that he can't see something "obvious." "Intuitively obvious to even the most casual observer," while it has a nice ring to it, is generally thought to be gauche. Postscript: For the seniors who are graduating. Every mornin' about this time she gets me out of my bed a-cryin' "Get a job." And after breakfast every day she throws the want ads right my wayand never fails to say, "Get a job." And when I get the paper, I- read it through and through; and my girl . never fails to see if there is any work for me. Then I go back to the house, I hear the woman's mouth preachin' and a-cryin', fells me that I'm lyin' about a job that I never could find. (Sha na na na Sha na na na na ba-doom * J* Copyright © 1958, the Silhouettes,Emberrecords. Opinion ' . and UNIVERSITY PRESS Wish the Student Body Good Luck on Exams, Success in Employment, And a Happy Summer! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-05-08 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 13 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/8/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5e6cc06cb4e4556434a236989043f9eb.pdf 326c1563272cd7950d9c9870b19fa1c3 PDF Text Text Opinion Opinion John Lord .O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 U.S. Postage PAID Buffalo, New York Permit No. 708 April 24, 1975 State University of New York at Buffalo School ofLaw Volume 15,Number 12 Rep. Holtzman To Speak on Sunday Buckley Bars 3rd Party, Calls for Vietnam Aid that many Vietnamese people Congress. Buckley said be slaughtered if the that legislators are often forced to U.S. Senator James Buckley President's request is rejected by rush on the floorand get a capsule analysis of a bill from someone (C-R, N.Y.) called for Congress. Buckley went on to explain the that they trust. "This is a sloppy conservatives to work within the two-party system, during his press question of military assistance. way of doing our nation's conference following an address in "Will we deny the South business," Buckley continued. the Moot Court Room Friday, Vietnamese the capability to The Senator closed by claiming April 11. Buckley stated that he defend themselves?" the senator that the way to restore the capacity of wasn't encouraging the asked. the federal development of a third party government to work effectively was to rediscover federalism, presidential candidate next year, a Workload increased proposal that has been made by In his earlier speech, Senator giving the states authority over some conservative Republicans Buckley indicated that the their own affairs. "Federalism has who are dissatisfied with President workload of the average historically been a great source of office had strength in the American system," congressional Ford. Buckley, who was elected as a quadrupled. A legislator may have Sen. Buckley declared. Conservative in a hotly-contested three committee meetings to " Responsibilities should be three-way race in 1970 but is now attend at the same time, making it delegated to the lowest level of affiliated with the Republican virtually impossible for him to keep government competent to handle Party, indicated that a third-party track of most of the legislation in them." movement would be encouraging to the development of splinter presidential parties. Some politicians have pushed former Governor Ronald Cal ifornia Reagan as a prospective presidential candidate if a third party is formed. Senator Buckley also said that he would support both humanitarian and military aid for South Vietnam in "whatever the appropriate amount is." The senator said that if he had to vote on the measure immediately, he would approve President Ford's $722 million package and "hope that it would be worked out in by Dave Geringer Non-Profit Organization Congresswoman Elizabeth Holtzman (D., N.Y.) will speak on the subject of "The Politics of Conscience" this Sunday night, April 27, as the guest of the Distinguished VisitorsForum. The address will be held in the Moot Courtroom beginning at 7:30 p.m. Prior to the speech, at 7:00, the Niagara Frontier Chapter of the New York Civil Liberties Union will meet for a public session in the Moot Courtroom. A fund-raising reception -for the N.Y.C.L.U., cosponsored by the Student Chapter, is scheduled earlier in the evening, from 6 to 7 p.m. in Room 105. Ms. Holtzman, who represents a part of Brooklyn, is a 33-year old Harvard Law School graduate, serving her second term as Representative of New York's 16th District. The youngest woman ever elected to the House of Representatives, she entered the Congress in January 1973 after defeating Rep. Emanual Celler in the June 1972 Democratic Party primary. As a member of the House J udiciary Committee, the Congresswoman participated in its deliberations on the impeachment of former President Nixon. She retained her assignment on the House Judiciary Committee in the 94th Congress. could' committee." Sen. Buckley said that the appropriation would assist in evacuating the 6,000 Americans remaining in Vietnam. He warned Sen. Buckley responding to questions following Moot Courtroom address. Carr The Honorable Sol Wachtler, Associate Judgeof the New York Court of Appeals, discussed "The Crisis in the Courts," -Monday, April 7 in the Moot Court Room. A guest of the Distinguished Visitors Forum, JudgeWachtler remarked about the various problems causing a crisis in the court system and the means of alleviating someof thesedifficulties. Wachtler advocated taking certain matters, such as victimless crfrnes, out of the court. He suggested that crimes such as intoxication, violation of Blue Laws and prostitution should not be part of the criminal justice system, and could more readily be handled out of court. Judge Wachtler also said that uncontested -divorce proceedings and annulments did not belong in court when "hundreds of indictments are backed up because of lack of court space." Allowing law secretaries to take testimony in these cases and presenting only the testimony to the judge for review is one answer, Wachtler indicated. Constitution. Faculty Debate, Table Early Exam Proposal by Ray Bowie Wachtler: Court Crisis by Louise Tarantino In January, 1975, Rep. Holtzman was appointed to the House Budget Committee established in 1974as part of the new Congressional budget process. The Committee has responsibility for setting budget targets and priorities as well as approximate tax and debtlevels. Congresswoman Holtzman is a member of the Judiciary Committee Subcommittees on Immigration and Criminal Justice. As a member of the Judiciary Committee she participated in the Vice President confirmation hearings of Gerald Ford and Nefson Rockefeller under the 25 th Amendment to the Changes can be made "Don't look at this and say this is the way it is and is supposed to be," Judge Wachtler advised his audience. He told law students that they "can make changes" by presenting appeals to the Bar and moving toward the legislature. He also warned law students not to "develop thought processes endemic in our profession what was is not good enough." Wachtler supported breaking from precedents and traditions that are in existence only because they have always been, not because they are functional or practical. He pointed out several changes possible through progressive legislation and implementation of modern technology in the court, such as videotaping of testimony, a time-saving device which would allow a filtering out of objections and motions and presentation of testimony in context. Judge Wachtler also advised prospective trial lawyers that in order for the adversary system to be truly effective, both lawyers must be up to their task. He pointed out that trial lawycring demands special technique, a technique which "separates the lions from the lambs." — - 9 meeting with a request from Associate Dean obert eming at c faculty go on record as favoring the principle of exams before Christmas. Considerable discussion of the request led only to a vote Budget and Program Review Committee draft specific lar options for considerationat the May faculty meeting. Acknowledging irregularities in the referendum, Mr. Fleming that the conclusion could still be drawn that the students supported the two early semester options by a margin of 8 to 1 over calendar. Of the 297 votes reported, students seemed, he ted, to vote equally for options two and three on the ballot, whichincluded exams before Christmas. >f For two and one-half days prior to the faculty meeting, the SBA it BPRC's request, allowed students to indicate their preference referendum ballot for either the present system, an early-stop calendar beginning in September, or an early-stop calendar beginning late in August. Only 38 students voted for the current calendar, while 137 preferred the second (September 2 start) option and 122 voted for the third (August 24 start). Approximately thirty ballots were voided due to irregularities, which were more commonplace than in previous referenda since the ballot box was unstaffed. In the discussions following Mr. Fleming's presentation of the tthe K'esent - continued on page 5 �OPINION April 24,1975 2 Editorials Editorial Elections SBA Referendum: A Farce was negligible, consisting of one sign located above the poll box on the second floor on the day of the referendum. The ballot box was also unstaffed, allowing students to vote as many times as they wished. Ms. Gerasia claimed that she was unable to secure volunteers to work at the voting table. Efforts could have been made to conduct the referendum in the SBA office, which is supposed to be open President Rosemary Gerasia revealed that she was first during most of the day. It seems that SBA made only a informed of the need for the poll only five days before it half-hearted effort and ended up with, at best, a half-assed was conducted. However, the publicity for the referendum poll. Due to factors both under and beyond the control of SBA, the recent referendum conducted to determine calendar priorities was a farce. Despite being under pressure to conduct the poll on rather short notice, trie SBA presented the referendum in a manner that can be charitably described as poor. Knock Your Head Against The Wall It is unfortunate that the members of the Law School faculty saw fit to refer the calendar proposals back to committee during their recent meeting. It seemed that the traditional horror of exams after Christmas was finally going to be eliminated, but the tabling of the proposals indicates that proponents of a revised schedule may be knocking their heads against the proverbial wall. study (in effect, that students could not properly decide for themselves what would be in their own interest). Some claimed that faculty deadlines for grading exams should be extended so that professors should not have to grade examinations during the holidays. This would be unnecessary, as a substantial number of faculty members here never bother to adhere to the deadlines presently in effect. It would be a shame if the proposed calendarreforms Various faculty members voiced objections, the most were rejected and students could look forward to further oft-used one being that students needed the extra time to futile attempts in the future. Budget Priorities Needed The Student Bar Association, like everyone else in this period of inflationary recession, has fallen on hard times this year. The Law School student government is faced with a substantial depletion of its surplus funds and a projected net income next year of only $23,600. Treasurer Cathy Novack has been running a tight ship with the SBA fisc since her election last February, and being fully cognizant of the prevailing budgetary limitations, she has already undertaken steps to insure that allocations for the 1975-76 fiscal year are handled responsibly. We believe, however, that the SBA must, in deciding the 1975-76allocations, define for itself certain general areas, of funding priorities in a period of retrenchment like the current one. While resort to a utilitarian formula, where greatest funding would go to activities benefiting the greatest number of students, may be too mechanistic a solution, SBA must subject each allocation request to close scrutiny and appraise them all according to the criterion of relative worth to the student body at large. Activities which provide benefits, or at least an equal opportunity for participation, for all students should clearly be accorded priority for funding. Those activities which are available only to few should naturally be the lowest priority. In between, of course, exists a continuum of relative priorities, which can likewise be equitably funded under the same criterion. However, there are certain activities which benefit so relatively few students and yet are so costly as not to be able to pass muster under any cost/benefit standard. Chief among these are the conventions which a number of organizations expect to attend at SBA expense each year, these conventions usually located in Southern California or other points far south of Buffalo. Indeed, the conventions often entail more pleasure than business, and it has become somewhat of an open scandal that SBA, continues to fund annual vacations for a few people each.year. Convention expenses will cost SBA thousands of dollars next year even with new limitations on the maximum amounts, but at a time in which more beneficial activities face substantial cutbacks, there can be little justification made for continuing the funding of such exclusive and expensive activities for a few. With the exception of ABA/LSD conferences, at which SBA represents the entire student body, all organization convention requests might therefore be denied funding for 1975-76. Organizations which request allocations for other activities involving travel or lodging should, where such activities are actually supportable for their benefit .to the reputation of the student body, at least provide justification in those terms. SBA's priorities, in any case, should focus upon activities which are intramural and beneficial to the largest number of students.. Onto The Bandwagon. . . Into Disgrace How ironic it was that, no sooner had the above editorial on the relative wastefulness of convention allocations been formulated, that the SBA should rush headlong, with an incredible expenditure of student funds and in the name of the student body, into the greatest "convention" boondoggle ever: the undertaking of a lobbying effort in the New York State legislature on behalf of the Attica movement. The same bandwagon that stopped at Norton Union last week has now rolled through O'Brian Hall, carrying away with it a big chunk of SBA's treasury. By a vote of 13 to 6 last Friday, the SBA representatives have purported to commit us, and $1300 of our mandatory activity funds, to an ''official" positjon demanding the dropping of all Attica indictments and convictions returned by grand juries and trial juries. Two buses will be rented to carry approximately 100 students to the State Assembly on Monday, when Assemblyman Arthur Eve will introduce an Attica amnesty resolution, so that they might, as SBA supporters of the measure put it, either just "observe the legislature" or more truthfully participate in a planned Attica demonstration and lobbying effort for Mr. Eve's bill. Further, SBA is going to send letters to the — — local news media proclaiming that the law students at this school demand this Attica amnesty. The SBA actions, reflecting an unwelcome change in the composition of that body, are an unconstitutional abuse of delegated power, a likely violation of the SUNY guidelines for activity fees, a wasting of common student funds for the political commitments of some, and a foolish imperiling of SBA's lax exemption. continued on page 8 Volume 15, Number 12 April 24,1975 - flnirtl/Wl I JIJIIIIUII Editor-in-Chief: Dave Geringer Senior Editor: Ray Bowie Feature Editor: Louise Alumni Editor: Earl Carrel Tarantlno Staff: Jeff Chamberlain, lan DeWaal, Gerry Schultz, Cart Herlnger, Ertc Zaetsch, Brian Carr, Robin Skinner, Tom Lochner OPINION ii published every two weeks, except for vacations, during the academy year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlan Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views experesed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION Is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is,determined collectively by the Editorial Board. OPINION Is funded by SBA from Student Law Fees. Opinion Editorial Board elections for the 1975-76 school year will be held Wednesday, April 30 at 3:30 p.m. in Room 624. Positions are open to any interested law students. Anyone desiring to run for an editorial position must submit a statement declaring his candidacy to the Editor-in-Chief in Room 623 by noon Monday, April 28. Absolutely no lateapplications will be considered. Interviews will be conducted prior to the elections. Fenton Lectures: Law & Social Change A significant segment of the legal profession views itself as armed with a moral mandate to promote change. Are lawyers really effective in this role? What part, if arty, can lawyers play in bringing about social change? These are some of the questions that the James Fenton Series lecturers will attempt to answer in the Moot CourtRoom next Tuesday, May 1 at 8:00 p.m. The lectures and panel discussions on the topic "Lawyers and Social Change" will be held at that time. Participants, in the Fenton Lectures this year are Dr. Stuart A. Scheingold, professor of political science, University of Washington;. Michael Tigar, attorney, Williams, Connolly and Califano, Washington, D.C.; and Dr. Michael Walzer, professor of government, Harvard University. Professor Marc Galanter will moderate the parlel discussion following the jfo,r,raal presentations. Dr. Scheingold received his Ph.D. from the University of California at Berkeley in 1963. He was a research associate at Harvard University's Center for International Affairs from 1964-1966 and has taught at the University of California at Davis and at the University of Wisconsin at Madison. His books include The Law in Political Integration (1971), and The Politics of Rights: Lawyers, Public Policy and Political Change (1974). Former Law Review Editor Mr. Tigar graduated from the University of California at Berkeley in 1966, where he was editor of the Law Review. He rose to prominence as a "radical" lawyer in the 1960's with such cases as Dellinger v. United States (Chicago Seven), United States V Rap Brown (wire tapping issue), and People v. Angela Davis. Tigar taught law at the University of California at Los Angeles from 1969-1971 and maintained a private practice of international law in France from 1972-1974! His book, Bourgeois Revolutionaries and the Law, written with M.R. Levy, will be published later this year. Dr. Walser received his Ph.D. from Harvard University in 1961 and taught at Princeton University from 1962-1966. At Harvard ne teaches "History of Political Thought" and "Problems in Contemporary Political Philosophy." Dr. Walzer is the author of The Revolution of the Study In the Origins of Saints: A Radical Politics (1965), -■continued onpage 5 �OPINION April 24, 1975 3 American END OF THE BAR by Jeff Chamberlain Injustice give devise and' bequeath unto my Executors and Trustees to convert into money as they deem advisable and invest all the money until the expiration of nine years ... National Lawyers Guild Commentary The recent disclosures of official illegality in the from my death and then call in and convert it all into Attica prosecution have confirmed allegations consistently Little things affect little minds money and at the expiration of ten years from my death made by the Attica defense over the last three and one-half Benjamin Disraeli to give it and all its accumulations to the Mother who has years. These revelations of cover-up, whitewash and since my death given birth in Toronto to the greatest interference with the right to a fair trial have exposed the State of New York and its officials as thereal criminals. It 1. Deed, filed for record August 9, 1881, duly number of children ..." recorded in Vol. 40 of Deeds, Page 251, Cass County, should be instructive to review just these most current Illinois, is entirely valid, and reads: 4. Miller v. Miller, 78 lowa 77, 35 N.W. 464 (1889) charges out of the scores of abuses and wrongs which have I, J. Henry Shaw, the grantorherein, concerned a contract between a husband and wife, to the been heaped upon the Attica Brothers, because of Who lives at Beardstown the county within, effect that the wife shall refrain from scolding, their immediacyand importance. For Seven Hundred Dollars to me paid today Former assistant chief prosecutor Malcolm Bel!, faultfinding, and anger, and keep the family home in a By Charles E. Syman, do sell and convey comfortable and reasonably good condition; and the according to a New York Times report on April 8, turned Lot Two (2) in Block Forty (40) said county and husband shall provide all necessary expenses of the family over to Governor Carey some two and one-half months ago town, and pay to the wife in addition a certain sum per month. a 160-page report indicating the one-sided focus of the Where Illinois River flows placidly down, prosecution. The report charged, among other things, The contract was held invalid as against public policy. And warrant the title forever and aye, "that the inquiry into whether crimes were committed by 5, In the 4th century, the Bishop of Brescia declared state troopers and corrections officers 'lacks integrity and Waiving homestead and mansion, to both a goodbye, And pledging this deed is valid in law, all persons heretical who denied the division of the world was being 'aborted by Mr. Simonetti," the chief as made by Noah to his three sons. Where did Noah get prosecutor. This comes as no surprise to those familiar I add my signature. Henry Shaw disinterested witnesses? with the circumstances surrounding Attica. The McKay J. Commission, which issued its official report in September Lawyers "professional" responsibility have a (human) | 1, Sylvester Emmons, wholives at Beardstown, 1972, concluded that during the retaking of the prison people commanding decent their secretaries to treat as "there was clearly indiscriminate firing into congested A Justice of Peace of fame and renown, salaries, job security, fringe benefits, good working by men'who did not value the inmates' lives. .." (p. Of the County of Cass in Illinois State, conditions, and respect as the dedicated professionals they areas Do Certify here that on the same date 402) and that subsequent to the retaking, troopers and are. One J. Henry Shaw to me make known corrections officers engaged in assaults against inmates as a That the above deed and name were his own, 6. Brookhaven Steam Laundry v. Watts, 214 Miss. reprisal for the rebellion {pp. 442-46). Yet no indictment workman's compensation against any state officerhad been returned by either of the And he stated he sealedand delivered the same 569, 59 So. 2d 294 (1952) was a Hishomestead therein,but left all alone case in which the claimant was a route driver delivering two grand juries assigned to investigate Attica. The Turned his face to the street and his back to his and picking up laundry. On one of his regular stops, he was systematic manipulation of the grand jury process over a home. about to pick up a suit to be cleaned when confronted by three-year period makes it clear that the Attica Brothers an irate husband, who exclaimed, "Well, I caught y'all." can never get a fair trial this discriminatory application Bedinger Graybill's Being in Mississippi, he shot first and asked questions later. of law sanctions official crimes (including murder), while 302 S.W. 2d 594 Executor, V. 2. (Ky. 1957): A childlesshusband legally adopted his wife as Compensation was denied. It seems that the same suithad simultaneously condemning the Attica Brothers for justly rebelling in response to inhuman conditions. This alone his child to enable her to take the entire remainder in a been cleaned the day before. should be sufficient to require that all charges against all trust fund which his mother had bequeathed "to his heirs Finally, Chappell 1956 Oklahoma 7. v. the Attica Brothers be dropped. case, a at law." Chappell, 298 P. 2d 7.68, ,7.71, introduced to the common As if the immense armaments, financial resources, 3; In 1937 (Re 1 Dom. L.R. 65), the validity law a principle of "unilateral incompatibility," saying, "It and one-sided legal process used by the State to overwhelm of a will was upheld notwithstanding this provision: "All should not be a ground for divorce where only one of the the Attica Brothers were not enough, it has now been learned that a paid FBI informant infiltrated parts of the the rest and residue of my property wheresoever situate, I parties to a marriage is incompatible." defense: At news conference held in Buffalo, Mary Jo Cook stated that she had operated as an FBI informant, 1that she had worked as part of the jury evaluation/selection team in the Hill-Pernasilicecase, and that she "said a lot" to the FBI. (Courier-Express, April Major concerns voiced by the secretaries included I 13, p. 27). The FBI confirmed that Ms. Cook was indeed a Association of Women Law Students lack of job security, capricious firings, lack of seniority paid informant but denied that she furnished " 'any Commentary benefits, unclear definition of duties (being expected todo i information to the FBI from the Attica defense, The Last year some representatives of the Association of everything and anything), low salaries, and lack of respect. denial, even if true, conspicuously omits as much as it Women Law Students attended a meeting of a group of .The isolation of secretary from office to office, the; denies the prosecution, of course, is being conducted by legal secretaries who were considering forming a Jabor numerous employers involved, and fear of reprisals, make ! the state information about the defense might wel) have continued onpage 6 continued on page 6 union. We would like to share some of what we learned from the women with Opinion readers. The secretaries with whom we spoke were intelligent, articulate, and well organized. Although they shared a professional attitude towards their work, they reported beinfc, treated with a lack of respect by some of-the lawyers exciting teams, and are only a few hours away as the by Carl S. Heringer for whom they worked. Being interrupted while in the thruway drives. ladies' room and ordered to type a letter, expected to Also beyond television (talk about clever segues) lies Take a look out the window, check the Outside to see come in early, work through lunch hours, or stay late, or radio. If you haven't listened in the past year, try here Buffalo in subjected to em harassing remarks about why she must take if spring has arrived yet. One can never be too sure again. At least a half-dozen stations have gone through an hour away fromwork for a gynecologistappointment the Queen City. Don't sell your snow tires yet. There are certain sureffte indicia of spring the format changes, and the improvement is evident. was not an unusual experience. Neither were remarks from AM: WGR (550) once middle of the road, is more lawyer to secretary mocking her for being dumb or lazy Easter parade, robin-ted breasts, and the.baseball season. (top forty), oldies, sports, and contests. after piling on more work than is humanly possible forher I'm not quite an expert on America's NationalPastime, so into AM rock WEBR (970) once AM rock, cannot be pigeonholed. Myles the Magician (who'll .return ;; to finish. I called my bookie combine the best elements of Lawyers earning' large salaries are paying their Derby .time) to clue me ,in. Therefore, the responsibility Not strictly MOR, they It's different from any other secretaries (approximately) between $$0 and Jl3O per for the views are his, my fault is merely in relating them. folkrock, pop, and light jazz. station I've and more than worth a few minutes heard, ever week, though the secretaries efficientlyprepare legal papers This promises; he told me, to b,e an exciting baseball on your radio. (many of which we would expect to Be prepared by FM: WBUF (93) once pure Muzak, now a progressive attornies), interview clients, keep track of cases and season. In the American League East this year the N.Y. key rock station, playing new and old albums, in lengthy sets clients, and perform numerous other tasks which require Yankees and Baltimore Orioles have picked up The of uninterrupted listening. No loud hype, no jingles,and a skill, sensitivity and intelligence. Many work under high personnel which makes themco-favorites for the title. Bonds, minimum of gab. pressure conditions. According to the secretaries, they do Yankees caught )im (Catfish) Hunter and Bobbywith the WGRQ (97) no more Rufus Coyote and top forty. the majority of work in matrimonial cases. Despite their while the Orioles continued to make cagey trades most of thisstation, and they low pay, the women are expected to dress fashionably and National League, getting Ken Singleton, Lee May, and The old WPHD staff inhabits (but anyway) all eyes are on feature FM rock, concentrating on a Top 50 album format. spend a large portion of their salary on good clothes. At Mike Torrez. Needless to say from MOR into the rock (102) Project. Again, the Cleveland a move WBEN the time of the meeting, some women were forbidden to In the West, will the loss of Hunter cripple the gap left by WPHD. All music is on tape, they mix AM wear slacks to work. cuts. No disc jockey*, so lots of air time While a boss may disappear for a two hour lunch Oakland Athletics? Texas probably has' the best chance of singles with album standing in theirstead, if they answer their serious pitching forrecords. break or an afternoon of golf, some secretariescomplained (102) WYSL Once WPHD and Buffalo's only of adverse employer reactions when they needed to take a question. The National League is probably the most progressive music station, new owner has abandoned its day off to care for a sick child. One divorced mother was almost every team (sorry, Chicago) given old audience, and retreated back to Top 40, jingles, and told at a job interview thatshe would be expected to put competitive, with chance to win. It just depends on the breaks. contests, simulcasting with WYSL-AM: her job first, above her daughter. Asked if she would stay a reasonable Los Angeles and Cincinnati should battle for the Rumor Buffate will soon get an all news/all time home from work if her child was sick, the woman National League Weste>n Division Title. Tommy John and station. explained indignantly that her child came before anything Gary Nolan'are their respective keys, withNolan the more Fact I'm looking for ideas on record reviews and to her. This woman, a responsible employee, was not dependable of the two as of now. such. If you have any favorites you'd like to share,let me asserting the right to miss many days, merely theright the has baseball know let me borrow the album) and we'll let the 'ye team (and As far as I been told,Buffalo no boss takes as given for himself to take a rare day off when (so the bumper-sticker people have some respite), but, mighty written word pass on the virtues of your favorite family responsibilities call. Most unionized employees have beyond television, both Pittsburgh and Cleveland have virtuoso. Thank you. thisright. Imagine the gall of paying a woman $100 a week and telling her her job should come before her child! "Errata" ' — - - - , , — - - Sojourner's Truth ', - ," -- - The Outside World , . — - - �4 April 24,1975 Bflo. Finishes 2nd in Tax Competition Buffalo's Moot Court team, consisting of Carl Goldfield and Don Bergevin, tied Albany for best brief and placed second overall in last week's Albert R. Mugel Tax Competition. Buffalo was edged only by the Cleveland-Marshall team in the final round of the Competition. Goldfield also won the award for best oralist in the two-year-old - OPINION Ideas Shared At Women & Law by Karen Leeds Spirit and energy ran high at the Sixth International Conference on Womenand the Law, March 21-23, 1975 in Palo Alto, California. Over 1500 women attorneys, law students, and legal workers attended, representing every part of the country. Contacts were made with other women involved in work concerning the problems of women and prison, and ideasand experiences were shared. The conference was divided into a series of five workshop sessions, each consisting of a choice between '"overviews," panel discussions by distinguished experts in each particular field, and "technicals," action-oriented workshops geared towards sharing legal event. strategies for each area of law covered. Choosing five topics out of over The Tax Competition problem, fifty offered was a frustrating task. drafted by Prof. Ken Joyce, this year concerned the questions of The overview on "Women and Welfare" concentrated on specific whether a trust transaction was a problems of compulsory work requirements and compulsory support permissable assignment of income Tax Competition team: Carl Goldfield (right) has Don Bergevin well in from absent fathers. Discrimination against women by the social security system was also discussed. "Constitutional Litigation" focused and whether a realty transaction handafter finalround. was a sale or only a lease. Carl which Buffalo and number of points each judge on the jurisdictionai aspects of constitutional cases, and the history of Howard worked on Buffalo's brief Cleveland-Marshall advanced on awarded for oral scores in each sex discrimination cases before the Supreme Court. "Rape A along with Goldfield and the basis of their brief and oral round, to which separate brief Criminal Law Perspective" deait with the problems of the current rape Bergevin. scores combined, was Associate scores were added later to statutes and how legislation in New Mexico and Michigan has tried to In the preliminary rounds, the Tax Court Judge William A. determine team standings for the solve some of the major difficulties. home team defeated the Capital Goffe, who was joined on the final round. University and University of bench by Prof. Mugel and Stephen Other teams represented were Richette offers views In the "Criminal Law" overview, Lisa Richette, a judge in the Detroit teams before panels Miller, Assistant Regional Counsel Syracuse, Albany, Maine, composed of local tax attorneys, for the IRS. Brooklyn, Seton Hall, St. John's, Court of Common'Pleas of Philadelphia, discussed society's overuse of Scoring for the Competition New England, Fordham, and criminal sanctions against women who are sexually energized (i.e., the IRS counsels, and faculty. Presiding over the final round, to was based on an average of the Toledo. prostitution laws) and the underuse of its power against men who are sexually energized (i.e., rape laws). Ms. Richette also emphasized the extreme role-typing of women in thecriminal justice system. Victims of non-sexual assaults are treated with extreme deference and pity they are" "Madonnas" while victims of sexual assault are treated as seducers they are "whores." Susan Perry, Director of Prison Projects -' Conference of Black Lawyers of Atlanta, discussedher A Buffalo Moot Court team of the National finished in third place in the work on the Joan Little trial. She emphasized the lack of any data Eastern round of the Giles available on the sexual abuse of women prisoners and asked for any Sutherland Rich Patent Law available information to be sent to her. Competition, held April 4-6 in The technical on "Women in Jail and Prison" was especially Washington, D.C. rewarding. The various considerations involved in bringing law suits This year's problem involved against county jails were discussed. Ellen Lake, Director of the the use by an oil company of Women's Rights Project of trie Northern California Civil Liberties various petroleum cracking Union, explained that one aspect of the suit brought against tfie Marin catalysts, patents on which were County Jail challenging the unequal treatment of women was the held by a chemical company. availability of a good plaintiff. The woman plaintiff had received a Various issues of patent law with ten-day sentence for a drunk driving charge. While a man sentenced for antitrust implications,, including this same offense would automatically be sent to an honor farm, double patenting, licensing, and women are kept in a maximum security prison due to the lack of any patent suppression, were argued. other available facility. This provided a case of discrimination solely on The competition, sponsoredby the basis of sex. A general conditions suit currently being brought the American Patent Law against the Contracosta County Jail was also discussed. Association, was conducted on a The Buffalo Women's Prison Project is now working on a rigorous elimination basis. The class-action conditions suit against the Erie County Holding Center. Buffalo team, consisting of Linda Patent Competition team: (I to r) Dan McDonald, Paul Groschadl, Many good ideas for new legal strategies were suggested, such as checking into any funding by federal agencies, as federal regulations Heary, Paul Groschadl, Tom Tom Lochner. Buffalo defeated Duquesne in conducted at the Patent Office in prohibit use of funds for discriminatory purposes. Lochner, and Dan McDonald, submitted briefs, along with 13 the quarterfinal round, held at Alexandria, Va.> Buffalo lost to other schools, on both sides of the George Washington Law School, Tennessee, and Emory defeated Success in workshops In the same workshop, women from the Women's Prison Legal case. A "winnowing committee" while Tennessee beat Rutgers. George Washington. Emory won then invited eight teams to Emory won against Toledo, and the competition in the final round Education Project described the success they have had in conducting Washington for the oral argument. George Washington whipped at Georgetown Law School, while workshops within women's prisons. The scope of the subjects they Buffalo's briefs ranked second of Notre Dame. In the semifinals, Buffalo finished third on the basis cover is broad: legal research, basic survival skills, such as food stamps the original 14. and welfare procedures, medicine and society ■ and behavior of points accumulated. modification techniques are just a sampling. Prior to, the conference, the Women's Prison Project had been discussing ways to expand the direction of their program inside the Erie County Holding Center. The Women's Legal Education Project provided new ideas and energy. They are forwarding a list of the basic materials used in each workshop Two major' allocations dominated the GraduationCommittee request approved so that they may be used as a base to develop localized programs Student Bar Association meeting of April 9, The Graduation Committee also received within the next month. The Buffalo Women's Prison Project hopes to when the SBA directors voted strong the full amount of its request, $825, after begin implementation of theseprograms. financial support for the work of both the Committee representative Pam Heilman More information on the conference is available in the explained that while the Committee would Placement and GraduationCommittees. Association of Women Law Students' office, room 509. Notes and A Placement Committee request for be paying more this year for an outside materials from the workshops will become part of the permanent file. $1500 to meet the cost of advertisements for commencement speaker, other efforts had the recent placement directorship was been made to cut corners on graduation approved following a report on the search expenses. One reason that additional funds from Warren Gleicher, an SBA representative were needed, she indicated, was that the University had withdrawn its financial and Placement Committee member. assistance to the Law School graduation this Gleicher reported that thirty-five year, after having paid for the programs in applications for the position have already previous years. been received. Several were from California SBA had previously provided $400 and and other areas where the advertisement was the Law School $500 for graduation, but published. The $1500 requested by the rental of Kleinhans Music Hall alone is Committee for the advertisements would, he expected to cost $400, printing of .the said, be supplemented by another $1500 programs $300, -and reception expenses from the Law School administration. another $500. The directors also voted special Transportation and accommodation expenses for interviewees for the job, who wiH be honorarium ($400) and traveling funds School the next ($125) fpr a Law Day (May 1) speaker this invited to visit the Law as stage of the search, will be funded by the year, who will be Marshal Perlman. His topic School and the AlumniAssociation. will be the right to privacy. Zaetsch . . . . 3rd in Patent Competition — — - Allocations Busy SBA LONG IN PREPARATION MUCH HERALDED AND TODAY IT'S HERE! This Afternoon (April 24), 4 to 6 p.m. At FANNY'S Sheridan & Millersport - �OPINION April 24,1975 Fenton Lectures — on Obligations: Disobedience, Essays War, and Citizenship (1970), Political Auction (1971), and Regicide and Revolution (1974). The Fenton Series was established in 1922 by the children of industrialist James Fenton "to make available from time to time the lecturing services of distinguished men and women not otherwise associated with the teaching staff of the university." Under its auspices the series has . continued from page 2 brought a number ofdistinguished speakers to Buffalo covering a wide range of topics. The lectures are arranged through the Office of Cultural Affairs. This year's program has been administered in collaboration with the Law School, whose Mitchell Lecture Committee has made it possible for the guest speakers to participate in a series of talks and seminars with faculty and students at the Law School. Faculty Table Proposal - continued from page 1 Disagreements among faculty Prof. John Schlegel said that while he liked the idea of pre-Christmas exams, he found that starting two weeks earlier with the spring semester would leave the faculty with less free time in January for academic pursuits. Prof. Marc Galanter elaborated on this, saying that "it's a good trade from the students' point of view but not so for the faculty," because the faculty would then be stuck with the burden of grading exams over Christmas. He suggested at least an extension of the deadline for submission of fall semester grades. Prof. Adolf Homburger added that the more ample time for studying provided by the vacation is better educationally for students, and that "an early stop may not be to students' best interests." Prof. Andrew Spanogle concurred that it is better for students to be relieved — MankeSpeaks on "Torture in Vietnam" by Robin Skinner questioning concerning his activities and sympathies. By 1971 over 40,000 persons nad been Killed and Hugh Manke, a third-year law student, spoke to over $700 million had been spent as a. result of this members of the International Law Society and other program. students recently on the subject of "Torture in Following the exposure of these repeated cases South Vietnam." Mr. Manke spent several years in of imprisonment and torture of political prisoners, Vietnam both on the staff and as the director of an international committee filed a petition with a International Voluntary Services. IVS is an subcommittee of the United Nations Commission on organization with members from seven nations Human Rights. The petition containsdocumentation involved in promoting self-sufficiency in the villages of several cases of torture, and requests that the of South Vietnam. United Nations take action to remedy the present After discussing the basic court structure of situation and prevent further violations of basic South Vietnam, Mr. Manke cited some of the laws human rights. To date, no overt action has been under which persons were arrested, imprisoned and taken on the petition. Recent events in South tortured. Laws have been passed which make it a Vietnam being what they are, the issue may soon crime to "directly or indirectlypractice Communism become moot. or pro-Communist neutralism." Thelatter is defined In a question and answer session following the as one who commits acts of propaganda for and presentation, Mr. Manke discussed the basic lifestyle incitement of neutralism. Once, the entire of the Vietnamese and how it had been altered by membership of the student government of one of the the presence of France and the United States. He universities was arrested and tortured without ever also discussed the different ideologies held by having any charges leveled against them. A decision segments of the population in South Vietnam by the Supreme Court of South Vietnam ordering ranging from "hard core anti-Communists" to those the release of all .the students was completely seeking the old, agrarian way of life, as espoused by ignored and the practices continued. Manke also the Viet Cong, to Communist sympathizers. claimed that, under Project Phoenix, an operation According to Manke, this variety of political goals originated by the United States government through makes it extremely difficult to unite the people the CIA, any person could be stopped for behind a single government fromimmediate exam pressures at the end of the semester. In response, student representative Mark Hellerer noted that thereis currently little break in the spring between classesand exams, hence that it may not be pedagogically necessary. Prof. Daniel Gifford felt, however, that perhaps the School might then lengthen the spring study break rather than shorten the one in the fall. In any case, he wanted "to hear more about the educational reasons for early-stop." Back to committee Dean Richard Schwartz, observing the "mixed reaction" of the faculty, suggested that the proposal be referred back to the Budget and Program Review Committee for moredetailed study. Debate continued, however, with Assoc. Dean Fleming arguing that the present schedule inconveniences students since it differs from the calendar followed by the rest of the University for the dormitories, buses, and food service. "The majority of law schools have exams before Christmas," he added, "so it can't be. totally unsound educationally." Prof. Homburger indicated that the referendum results still worried him, as those students who prefer post-Christmas exams might not have been motivated to vote. Responding to Mr. Fleming, Prof. Newhouse contended that the only way the Law School's semester could be made to conform to the University's wouldbe to reduce the number of weeks in the Law semester, which cannot be done due to Court of Appealsrestrictions. 5 Monday Morning... In The Library Obviously many students are aware of our cherished tradition of reshelving the reporters when they are through using them. The pressures of deadlines for writing courses and for the law reviewcompetition are real and harsh, but they are no justification for failing to extend a minimal courtesy to other library users. not Similarly, the person who can read nine reporters simultaneously is rare. However, the people who apparently think they can do so Proposal tabled are plentiful. Perhaps though, the Professors Howard Mann and Bill Greiner thenmoved to refer people who are seen in the library the proposal back to the BPRC to draft actual calendar options for jealously guarding their horde of consideration in May, which motion the faculty passed. Registrar volumes have another motive Charles Wallin noted that the administration would try to draft an that of hoarding books before option which would provide for early exams, yet would also allow a others can do so. Were it only a matter of isolated individuals lengthier study break before the exams. In another action, the faculty voted to require all first-year behaving in such a miscreant take fashion, it would be tolerable. students, beginning with next year's entering class, to However, as more and more Constitutional Law I in the seconc semester of their first year. people learn from this bad example and as this petty deviance begins to become a norm, the inefficiency and stupidity become apparent as the whole system grinds to a halt. — SBA Presents THE SPRING PARTY - Photos by Zaetsch �April 24,1975 6 Environmental Notes: Powerline Pollution results were compared with medical examinations of men working at lower voltage substations. The studies concluded that long-time exposure to intense electric fields Everyone agrees that electric transmission lines are without protective measures resulted in "shattering the appalingly ugly, but suggesting that they are health hazards dynamic state of the central nervous system, heart, and and sources of environmental pollution is as surprising to blood-vessel' system, and in changing blood structure, most people as saying that the homely freckle-faced boy Young men complained of reduced sexual potency." Asa next door is guilty of rape and sodomy. But the extremely result of these tests, the Russians have set up safety high voltage lines which are currently being constructed in standards for maximum exposure to strong electric fields. many places around the country are causing side effects The fields which they begin to consider dangerous are which are degrading the quality of life and may be approximately those that will light up a fluorescentbulb in endangering the health of the people living nearby. your hand. A farmer on a tractor under a 765,000 volt line Transmission technology has now reached the point is exposed to fields so strong that the Russians would not where lines carrying 765,000 volts are operating in a allow it for even one minute. In this country, we believe number of states and lines designed to carry up to that we have more respect for human rights and humanlife 2,000,000 volts are being perfected for the near future. than the Soviets have, yet we have not made as much These very high voltages are carried on bare, unshielded effort as they have to protect people from this type of conductors that pass in many places just 40 or 50 feet damage. Recent laboratory studies in the United States have above roads and farms. In the vicinity of these lines there is a very intense electric field which causes small but also turned up positive evidence of biological effects from similar electromagnetic fields effects ranging from continuous currents to run in everything near the line the ground, the plants, the farmer on his tractor. There is a chromosome damage to high blood pressure and surprisingly large voltage difference between one point in alterations in levels of blood protein, fats, and cholesterol. space and another, say a yard away. The difference Neurological tissue appears to be particularly sensitive, between these two points may be as high as 50,000 volts confirming the fear that long-term exposure may damage by Louise B. Young National Wildlife Federation — — under a 765,000 volt line. This electric field can be made visible in a rather dramatic way by carrying an ordinary flourescent bulb in your hand as you walk in the vicinity of the line. Thebulb lights up withoutbenefit of batteries, cords or metallic connections to ground. Most people who see this experiment immediately ask what effect currents and fields of this strength have on people and other living things. Considering the importance of this question, one might assume that it had been quite thoroughly investigated by the power companies, before building such lines; but a search of the scientific literature reveals the fact that this subject has not been adequately studied. The few research projects that have been done show that there may be profound effects caused by these fields. About eight or 10 years ago, when American utilities were starting to use extra-high voltage transmission, two tests were conducted by the companies. In one experiment they exposed 22 mice to strong electric fields for a portion of each day over a 10-month period. The results showed a statistically significant reduction in the size of the male progeny of the exposed mice. Theother study involved 10 linemen who did repair work on 345,000 volt lines. The company watched these men for nine years, doing seven complete medical examinations on them. At the end of that time, three of the 10 men had significantly reduced sperm count. However, since sperm count had been quite variable throughout the various medical examinations, the report stated that it would be hazardous to draw any conclusion on the significance of these facts from such a small sample. Studies of this type, of course, should examine a much larger number of people over a longer period of time. A much more thorough examination of this problem, however, has been conducted in Russia. In 1962, after the first Russian 500,000 volt lines had been operating for several months, men working at the substations began to complain of headaches and a general feeling of malaise. They associated these symptoms with exposure to the electric fields. The Russians made a long-term study of 250 men working at extra-high voltage substations. These Turn Financial Aid Office has announced that they will accept applications for summer work-study tomorrow morning. Their office will open at 8:30 a.m. and is located at 312 Stockton Kimball Tower on the Main Street campus. In a departure from past, procedure, no one will be told on that day whether they are eligible but will receive notification the next week. However, you must fill out an application slip that day. It is most likely that summer-placement for the work-study program will be handled exclusively through Wes Carter in Hayes C. I will post information on this prior to April 23. If you have not yet received an award notice from the Scholar Incentive Bureau, you are in danger of losing your award for this year. The deadline for application is May 15, 1975. Please contact the Scholar Incentive Bureau immediately. If they claim they never received an The the nervous system, as well as cause changes in cellular chemistry and the genetic structure in human beings. Some of these experiments were conducted in connection with Project S anguine (the enormous low frequency antenna which the Navy would like to build in order to communicate with its submarines around the world. Some have been independentuniversity research projects. The other principal pollution hazard from high tension linesresults from the fact that they generate ozone and other highly reactive chemicals. These electrochemical reactions are caused by the corona discharge that occurs continuously along the conductors. Walking under these lines, even in good weather, you can hear a crackling, sizzling sound which is the, audible manifestation of this electric discharge. In fog, rain, or snow, the corona increases by as much as a hundred-fold. This discharge causes the air to break down as an insulator and the space around it becomes a veritable seething cauldron of electrical and chemical activity. There are many processes involved and some of the chemicals formed are considered to be particularly damaging to living things. Ozone, one of the principal products, is the most common "photochemical oxidant" present in polluted air. Research into this phenomenon has shown thatchronicexposure to concentrations of ozone over .05 parts per* million causes lung tissue damage, increased incidence of sterility, and defective offspring in laboratory animals. It affects the growth and yield of many plants. Regular monitoring stations for ozone levels in the atmosphere have only been operating a few locations during the last two or three decades and it has only been in the last year or so that monitoring has been conducted in many cities and rural locations throughout the country. But several surprising and interesting results have already emerged from this monitoring. Concentrations in rural areas are found to be regularly higher than they are in the cities. And levels in both city and country throughout many states exceed the National Air Quality standards for photochemical oxidants on a very large number of days. Furthermore, over the past few decades the average levels have been increasing throughout theindustrialized parts' of of the Screw by lan DeWaal OPINION application in response to an inquiry dated after May 15, you will be out of luck. This is of particular importance to students having tuition waivers, either through the minority student program or a graduate assistantship. If the schooldoes not receive a notice from the Scholar Incentive Bureau that you have an award or that you have been rejected because of residence, you will lose your tuition waiver and be responsible for the full tuitionbill. Phi Alpha Delta Law Fraternity has announced the availability of ten minority scholarships for next year. If you are interested in applying, the notice of. the scholarships is on the bulletin board outside the third floor mail room. The amount of each scholarship is $500, and the deadline is June 1,1975. If anyone sees Kenneth Manning could you ask him to stop in and see me in 303 O'Brian. the world. No one really understands the reasons for the high levels that are being recorded. The chemistry is complex and a large number of factors are probably involved, but power lines and other high voltage equipment are certainly among the contributing factors. Transmission lines do generate ozone; even the power companies admit that. They argue that the amounts are very small, but the studies that they rely on in making this statement are neither definitive nor conclusive. The field measurements, for example, were_made under lines that were not energized to the full rated voltage. The amount of corona discharge is very sensitive to changes in voltage as well as to certain weather conditions such as rain or snow. A much more carefuland impartial evaluationof the problem is needed. In view of the fact that ozone concentrations already exceed danger levels, we should know exactly how much these lines contribute to the concentration before any more of them are installed. Plans reported by the Federal Power Commissioncall for more than 10,000 miles of lines rated 765,000 volts or higher by the year 1960. A $5 million research and development program is currently in progress, perfecting lines that will carry 1,000,000 or even up to 2,000,000 volts, yet there is no federal or state agency thatis taking responsibility for assessing the safety of these installations. In the absence of regulatory protection, much more public awareness and public pressure is needed to insist that the impact of these big lines be thoroughly evaluated before this construction plan is carried any further. Once the enormous financial investment has been' made we will be irrevocably committed to this technology. American Injustice - continuedfrom page 3 been relayed to people other than members of the federal agency. The charges, if they are true, and there is no reason to suppose otherwise, show an unconscionable interference with a defendant's right to a fair trial and assistance of counsel. The revelations suggest that, at a minimum, the defense's entire strategy for jury selection (which was quite .involved)* WaS totally revealed to the other side 'hdw'fatfdh fuYther the intrusion may have gone- lslf 'afiy6He'i'guess. The convictions of Hill and Pernasilice, if for no other reason (and there are a multitude of other reasons) must be overturned. ■ On a scale comparable to Watergate, the State of New York has engaged in extensive wrongdoing designed to cover up official illegality. In the process it has deeply scarred the lives of the Attica Brothers the damage to them is irreparable. And ye,t the judicial machine which is condemning them has continued unfalteringly. Justice demands that the indictments be dropped and that the convictions be overturned. The process has been so thoroughly poisoned and the Attica Brothers have already suffered so much, that since there can be no fair trial no matter what the circumstances, there must be no trials. - 1 : — Sojourner's Truth - continued from page 3 it difficult to organize into a labor union. Secretaries and office workers in other cities have organized unions, and perhaps we can look forward to the day when Buffalo's hard-working legal secretaries'enjoy the benefits of being unionized. As future lawyers, we must remember: J.D.s are not licenses to oppr-ess the people who may work "for" {"with" is a better word) us. Most secretaries are women and most lawyers are men. This is not because of the natural superiority of men, but rather because of the discrimination faced by women. Given the same opportunities allotted to their brothers, the secretaries might be lawyers. Some secretaries are doing comparable work already. But all work is important, from the secretary's taking down information over the phone to her boss arguing the case in court. In a different society and in some progressive law offices today, income and work {so far as it is legally permissible) are shared equally by lawyers and non-lawyers. The secretaries at the meeting found this idea exciting, but beyond their wildest dreams at this point. Editor's Note: Due to financial constraints generally, and a decision by the Law Alumni Assn. to deny an Opinion funding request, Opinion regrets to announce that this issue will be the last sent free to Law School Alumni. Individual subscriptions for the 1975-76 academic year are available for $2.00 at this address, and we encourage alumni to retain payins subscriptions. �OPINION April 24, 1975 7 Fall 1974 Grade Distribution Civil Procedure I Homburger Kane Hyman Schlegel 11 6 8 5 50 54 56 8 4 7 12 11 19 11 41 46 55 50 14 6 3 5 10 8 9 10 49 45 70 11 6 7 6 9 48 52 66 52 Contracts Fleming McCarty Galanter ■ Gordon Criminal Law Holley Allen Birzon Katz Torts Bell Laufer Siemer 3 Schwartz, 9 50 Total Inc. 69 67 80 65 2 1 2 69 1 3 2 2 2 6 5 9 11 1 7 10 SECOND & THIRD YEAR ELECTIVES H H* 1 3 2 2 , 51 7 Lindgren Constitutional Law I, Hyman Federal Tax I (Sec. 1), Joyce Federal Tax I (Sec. 2), Del Cotto Administrative Law, Boyer Collective Bargaining, Newhouse Int'l. Prot. of Human Rgts. Buergenthal Conflict of Laws, Buergenthal Constitutional Law II, Mann Corporate Tax I, Del Cotto Corporations (Sec. 2), Zimmermann Evidence, Gordon Future Interests, Mugel Family Law (Sec. 1), Blumberg Family J-aw (Sec. 2), Swartz Labor llaw, Kochery Federal Tax II, Joyce Government & Land, Kaplan Land Transactions, Reis Commercial Trans. I, Spanogle Commercial Trans. II, Girth Trade Regulation, Gifford Trial Technique, Staff Civil Procedure II, Kochery Criminal Procedure II, Burn's Copyright & Patent, Goldstein American Legal History, Gordon Remedies, Lindgren Sim. Law Firm 1, Boyer Sim. Law Firm 2, Kaplan Sim. Law Firm 3, Holley Sim. Law Firm 4, Hollander Correction Law Clinic FIRST-YEAR COURSES D F Q H H* 1 5 • 1 5 3 Q 5 11 14 9 11 51 68 56 66 41 9 11 24 14 10 24 54 34 20 29 3 29 19 8 53 19 10 18 21 12 12 ' 5 46 53 60 93 22 24 55 62 1 35 8 10 8 35 18 30 45 114 44 11 18 2 6 3 2 10 1.1 11 28 15 1 4 H. D 4 11 12 A 1 70 61 86 66 1 71 68 78 69 1 Inc. 82 79 52 1 35 76 63 36 3 2 1 3 1 44 .1 14 78 81 77 5 1 14 13 4 56 77 66 Total 60 90 F 1 7.1 5 1 3 4 9 4 1 1 50 150 35 74 102 64 34 58 66 150 6 1 8 1t 4 1 32 - - 16 14 15 , 2 3 61 22 1 1 11 7 3-SECOND & THIRD YEAR SEMINARS H* Private Suits in Public Int. Homburger Adv. ProblemsCrim. Justice Burns Legal & Phil. Fdn, Bill of Rights Franklin Auto Insurance & Reform Laufer Constitutional Litigation Mann Problems of Env. Quality Reis 1 Q 8 4 14 11 18 29 5 1 Quantitative Methods I McCartV Public Utility Rate Reg. Schlegel Impact of Legislation on Social Institutions Katz Theory of Justice Gifford H 2 1 * D - F - 8. Total Inc. 12 2 25 1 48 2 13 22 3 2 6 11 10 4 14 2 4 - 6 3 10 1 3 1 4 2 7 13 4 1 - -. 6 , �OPINION April 24,1975 8 .. Onto the Bandwagon. Editorials: continued from page 2 No SBA officer or director now in office campaigned on any issue even remotely related to Attica. The SBA Constitution itself limits SBA's delegated powers to, at their widest, the promotion of the Law School's general welfare and the protection of law students' rights, qua law students in matters affecting those rights. For any SBA officer or director to presume to speak for all law students on a matter outside the scope of his or her delegated power is an arrogant flaunting of the SBA Constitution and any conceivable electoral mandate. Amont the thirteen, a few, led by 2nd Vice Pres. ). Glenn Davis, attempted to dissemble the true nature of the SBA's actions, trying to cloak the lobbying effort in the guise of "an educational experience" to evade the legal restrictions on the former. When questioned as to the curious coincidence of this educational experience and the April 28 lobbying and demonstration, supporters of the bus trip could mumble only that SBA could not be responsible for what the bus riders were goingto do once SBA got them to Albany. It is incredible, too, that an SBA which has already had to dip dangerously into its surplus funds this year would further deplete that surplus with a $1300 allocation for two buses. The prevailing attitude, however, as again expressed by Mr. Davis, was that "if the money is there, how it will affect the budget is irrelevant." Additionally, little thought was given to the effect that SBA's entry into the lobbying lists of Albany might have on its § 501(c)(3) tax exemption. Even less thought was given to the public trust held by SBA officers and directors to insure that fairness is accorded to all students who must pay the mandatory activity fee, as opposed to merely those who share their own perspective on Attica matters. To put it bluntly, SBA's actions of last Friday are a disgrace. In the present SBA, it has become fashionable to be cavalierly repressive and discriminatory when one has leftist ideology and automatic, unanalytical majorities to hide behind. One needn't then face anything on its merits or its fairness. One needn't even face oneself after it's done. It may, unfortunately, be too late to fight the $1300 lobbying effort this Monday. Concerned students do, however, have a number of options with regard to an SBA which has thrown responsibility to the winds, including the impeachment mechanism and the seeking of activity fee Sudden death by Dave Geringer With an appalling lack of foresight, the men who run basketball and hockey's major leagues decided to expand their playoffs this season. The National Hockey League added four teams to its postseason action, increasing the number of playoff qualifiers from eight to twelve, while the NBA added a pair of clubs to create a ten-team elimination. The league promised that more excitement would be created by the added playoff positions. More excitement was created, due principally to the fact that the playoff positions would be determined by regular season point totals. There was a three-way race for the league's overall championship that went down to the final night of the season. Contests involving playoff qualifiers who had clinched their which were previously division position unimportant, were now essential as those teams were in competition with everyone for a higher pofnt total and thus a more favorableplayoff position. This brought about the birth of the best-of-three "series." In hockey, it is necessary to have a hot goaltender to win a best-of-three series. The Boston Bruins, Los Angeles Kings and New York Rangers all found this out to their dismay. The Rangers got off-and-on goaltending (mostly off) and succumbed to their area rivals, the New York Islanders, who sandwiched a good game by Glenn Resch and a standout performance by Billy Smith around an 8-3 disaster at home. Toronto's 27-year old rookie, Gord Mcßae, outshone Hart Trophy candidate Rogatien Vachon as the Leafs upset a squad thathad topped them by nearly thirty points this season. The Black Hawks, who should have been preparing for next season, "defeated" Boston, 6-4, in a game in which they were outshot by a mere 56-19. In best-of-seven action, the Bruins would have been forced to win a game at .Chicago sometime during the series, a task that has been accomplished many times by many teams. Instead, Boston may now sit back and watch teams that did not deserve to see postseason action continue in the Stanley Cup series. The NBA introduced their best-of-three series involving the fourth and fifth place finishers in each conference for the right to meet the conference champion. A home court advantage in basketball is not only advantage, but a necessity in a best-of-three series. Both teams that won theirseries, the Houston Rockets and Seattle Supersonics, possessed home court advantages, each winning twice at home to lock up theirseries. The Detroit Pistons battled Seattle to a seven-point loss in the final game despite a severe injury that hobbled their star center Bob Lanier and deserved the position as much as their conquerors. The same cannot be said of the New York Knicks, whose horrendous performance in their final game against Houston conclusively proved that they belonged not in the playoffs, but on a level with the expansion New Orleans Jazz. The motive for the introduction of the additional playoff series was money. Both the NBA and the NHL realized some additional revenue from the.added games. However, the NHL may suffer a more costly loss. The elimination of the Bruins, a perennial powerhouse possessed of stars of the highest magnitude in Bobby Orr and Phil Esposito, may not hurt ticket sales, sincealmost all playoff contests are sellouts. However, the television ratings -are sure to dip if a dull contest is televised instead of a possible matchup involving a team such as Boston. For the NHL, whose television contract is in jeopardy of cancellation after the current season, it could be fatal, as television revenue is what keeps most sports afloat. : waivers. Voting Records Voting Record, Motion to allocate $1300 to charter two buses to Albany for introduction of Assemblyman Eve's Attica amnesty resolution. -J.Sosa-Yes W. Gleicher - Yes L. Meckler - Yes M. Linneman - No E. - No L. Zeisel - Yes S. Fox - Yes - B. Wilson Yes R. Megna Yes M. Wong Yes C. Falk Absent J. G.Davis-Yes C. Novack Yes C.Solomon-No R. Waters Absent L. Kirschner Yes H. Kaminski No M. Zehler No D. Golden Yes K. Shimmel Yes R. Klafehn No -- -Vietnam Eulogy Zagajeski Righthander Mike Dean, the baseball Bulls' top Hurler thus far this season, prepares to deliver toan opposing hitter at Peelle Field. Buffalo, 1-3 up north thus far, hosts crosstown rival Buffalo State next Tuesday, Colgate Thursday and Canisius Saturday on the MainCampus. . by Ted Dziekonski He had a wife and child. It I had a friend,. His name was was his number one child a boy. The wife loved the child, and the loved the wife. father I had a friend. He came to study at Newport, Rhode Island. He was an artist. His picture still hangs there. I had a friend. He bought me a beer once, maybe even twice. He asked me in for supper. He shared his thoughts. Heloved his children. hoped they would grow big and strong and happy. He family. I had a friend. She asked me over for dinner with her good food. They had a simple table, but served me until I was full Lots of curious faces wondered who's that? I had a friend. He would never ask me for anything, but all he had was mine. I had a friend. He cut my hair every two weeks for 25 cents and smiled when I left. I have an enemy it says: play it safe, save your life, enjoy the strip show, the beer and booze; those people don't wash, the food tastes rotten, they talk funny, and they're so different They don't and and they loved me. have electricity and I had a friend, and now may God have mercy on them. - - - - ... ... - - - The Graduating Class of 1975 Faculty ofLaw and Jurisprudence Cordially Invites the Law Classes 0f1976 and 1977 to Our Commencement Exercises Sunday, June 8, 1975, 8:00p.m. Kleinhans Music Hall Reception following in Mary Seaton Room � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-04-24 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/24/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7bdea2ed6b698b411fbe33273a0b88fe.pdf 6aef62c589e49396775268db42301fe6 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 15, Number 11 State University of New York at Buffalo School of Law Search Planned For Schwartz's Successor , by Ray Bowie Within a week of the unexpected resignation of Law School Dean Richard Schwartz, effective at the end of the 1975-76 academic year, the mechanism for the selection of a successor has already been put into operation. Dean Schwartz announced, in a letter to University President Ketter dated March 26, that he intended to leave his administrative post next year in order to devote his time to "scholarly interests" and teaching. Dr. Schwartz also wanted to give the University adequate time to secure a replacement. In recent statements, President Robert Ketter has outlined the recruitment procedure, which will begin shortly with the creation of a search committee to solicit and evaluate applications for the post. The search committee, which will be headed by Dr. Ketter, will reportedly include several law faculty members, at least one student, and one or two representatives of the legal community. Charged with receiving applications both from all over the country and from within the University, the search committee will be expected to narrow the number of candidates to approximately a dozen by next January. Following that, personal interviews will be conducted, with the new Dean taking office in June. 1976. In his three-page letter of resignation, Dean Schwartz broached the possibility of his remaining with the Law School, and possibly the Sociology Department, in. a teaching capacity. "I have an appointment with the Sociology Department," Schwartz noted, "and I am project director for Training Lawyers as Criminal Justice Specialists." He also expressed interest in teaching a substantive criminal law course Speaking of his resignation, the 50-year-old Dean, a Sociology Ph.D. who became the first non-attorney law dean in the nation in 1971, explained: "it was a question of whether I wanted to go on for another five years. It has not been an easy thing to keep up my scholarly interests as a result of all the administrative details," Sshwartz added. Dr. Schwartz indicated that his primary reason for having left teaching for administration, though "I've taught for most of my career," was to spur the growing trend toward integrating law and the social sciences. Schwartz previously taught sociology at Yale and Northwestern universities, later teaching at Northwestern Law School as well. - continued on page 3 Law Review Elects Editors Zaetsch Review Editorial Board: (seated) Marc Schiller, John Hartje. Sam Kazman, Deborah Schwartz; (standing) Richard Murphy, Richard Cohen, Jeffrey Tannenbaum, Howard Solodky, Shelley Taylor Convissar, Vincent Cox, William Ernsthaft, David Weber, Jane Clemens. Another procedure from last which the new Board intends to continue is the "team approach" to the processing of professional and student articles. The procedure entails a team of associate editors, under the supervision of a senior editor, handling a single article through the various stages of editing and publication. The Review hopes next year "to increase income and reduce costs without sacrificing quality." While retaining the present schedule of three issues per year, the Editorial Board will investigate ways to reduce the printing costs of the Reviewand boost the number of subscriptions, particularly within the Buffalo legal communyear Shelley Taylor Convissar (Case 4 Comment Editor), Sam Kazman (Case & Comment Editor), and Recent Buffalo Law Review David Weber (Case & Comment ity. elections have resulted in the Editor) The Board also announced that selection of a new Editorial Board The new Editorial Board has Volume 25 of the Review will the laying of plans for the pledged itself, in a letter sent to mark its silver anniversary. To and 1975-76 volume of the Review. the faculty by Mr. Ernsthaft, to honor the occasion, authors who William Ernsthaft has been "the high level of quality that is have published in the Review in elected Editor-in-Chief for Vol- expected of the Review by thelethe past will be invited to contribume 25 by the outgoing Senior gal and academic community." ute to the volume. Faculty contriEditors and second-year Associate To this end, the Board has de- butions are especially encouraged. Editors. Others elected to the Recided to retain the procedure Noting that "the Review is an view's Editorial Board were Jane adopted last year for the selection integral part of the academic Clemens (Managing Editor), Rich- of new Associates from the firstcommunity," the editorshave emard Murphy (Publications Editor), year class. All candidates will be phasized the relationship between Jeffrey Tannenbaum (Technical required to submit a competition the Reviewand the faculty, invitEditor), Vincent Cox (Research paper, but half of the Associates ing faculty comments and critiEditor), Marc Schiller (Articles will be chosen on the basis of the cism. Gratitude was expressed to Editor), John Hartje (Articles Edi- quality of their papers, while the Professor Louis Del Cotto.the Ketor), Deborah Schwartz (Articles other haff will be selected on the vlew's advisor, for his assistance Editor), Richard Cohen (Case & strength of their first-year grades, over the past year and for the Comment Editor), HowardSolod- provided their papers are of accep"bond between the faculty and ky (Case 4 Comment Editor), table quality. the Review" that he has created. by Ray Bowie Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 April 10,1975 Sen. Buckley To Speak Tomorrow U.S. Senator James L. Buckley will visit the Law School tomorrow morning as the guest of the Distinguished Visitors Forum to deliver a lecture on the topic of selected current issues facing the nation. Theaddress, scheduled for 11:15 a.m., will be given in the Moot Court Room. A former businessman and attorney, Senator Buckley was elected as the candidate of the New York Conservative Party in a three-way race in 1970. Buckley, a life-long Republican, lists himself as "Conservative-Republican" in the Congressional Directory, and currently serves as a member of the Senate Republican Policy i derly, and would provide incenCommittee. tive for investors to participate more actively in minority-owned In his four years in office, Sen- businesses. ator Buckley has sponsored bills He has frequently called for a which give parents the right to in- strong national defense, a tougher spect their children's school re- U.S. posture on international drug cords for unwarranted informa- traffic, a discontinuation of federtion, ban the installation of seat | al economic regulation which is belt interlock systems in new i unwise or outdated, and sopken automobiles, would create a spe- out against the Congressional cial cost-of-living index for the el- | practice of "pork barreling." < Strauss Outlines Revenue Sharing by Louise Tarantino A guest of the Distinguished Visitors Forum, Strauss discussed varied aspects of revenue sharing and other federal programs for fiscal Strauss, currently a professor at the University of North Carolina, noted a trend in federal fund appropriations back to the 1920's system of increased state and local government involvement. He traced a reshifting of obligations from the federal government to the state level, with the federal government giving out money and the states using it under federallaw. Professor Strauss outlined several proposed goals of the current Sharing Bill, among them increased fiscal relief, heightened and increased participation in state and local government, of an insured source of revenue and improvement of fiscal ent at thelocal and state level. general provisions of the Bill allow the allocation of federal funds over a five year period, 1/3 of the funds directed to states, and 2/3 to localities. Strauss commented on the absence of federal watchdogs or audits on the use of the revenue: "there are relatively few strings attached, no matchingrequirements and it is presumed that the fundsare being used correctly." Social Security Mr. Strauss also discussed the implementation of a Supplemental Security Income Bill (SSI), a form of negative income tax designed to assist theblind, aged and disabled. He viewed this bill as an experiment in welfare which has received little publicity and therefore has not been utilized to its full potential. The goals of SSI legislation include uniformity of assistance in every state, a positive incentive to work and promptassistance through a simplified application. The SSI would guarantee an income of $1700 each year fof qualifiedapplicants. continued on page 2 ... - �April 10.1975 OPINION 2 Editorial Elections Editorials Opinion Editorial Board elections for the 1975-76 school year will be held Wednesday, April 30 at 3:30 p.m. in Room 624. Positions are open to any interested law students. Anyone desiring to run for an editorial position must submit a statement declaring his candidacy to the Editor-in-Chief in Room 623 by noon Monday, April 28. Absolutely no late applications will be considered. Interviews will be conducted prior to the elections. . From the Past . . Into the Future applicants The sucjden resignation of Dean Schwartz, prompted apparently by a desire to return to teaching and research, caps a five-year period in the Law School's history which has truly seen a greater range and depth of institutional development than any similar period in that history. The debate has and undoubtedly will continue as to whether various developments have been for the best, either for legal education or for the profession. But while we have indeed been at times critical of certain Administration priorities, there is simply no obscuring that it was during Dean Schwartz's tenure that student enrollments expanded from under 600 to 800, that the law faculty was increased 25%, that library collections grew to 200,000 volumes, that strong support was given accredited student activities, and that the Law School itself escaped cramped quarters on Eagle Street for a superb new physical plant. Few would deny the Dean's contributions in these areas, the hallmarks of his Administration. Attention has already shifted, however, as it invariably must, to the selection of his successor, a subject which elicits both the hopes and fears of many at the Law School. Whoever holds the office of Dean can, as has been seen, do much to shape the image and priorities of this institution. And whoever sits on the search committee, which will for the post, will shortly be formed to review inevitably be seeking a candidate for Dean who best reflects their own institutional image and priorities. However the faculty members of the search committee are to be selected, it would be advisable for everyone concerned, from President Ketter to the faculty itself, to insure that individuals who have vested interests in particular programs or extra-curricular projects do not dominate the selection process. The good of the institution, all parts of it, The Law Spouses Association should be the concern of the search committee, rather than will hold a plant sale this weekend the little academic fiefdoms always aspiring to empire. money for the LSA, Scholraise Similarly, with respect to student representation, early to hints that one student may be selected as adequate for this arship Fund. The sale will take 'place tomorrow morning in Norpurpose must be strongly resisted, for student interests are ton Hall's Center Lounge, and scarcely so monolithic as might allow such scant Saturday at the Law School on representation to succeed. Among students too, there are the second floor. Proceedings will vested interests and conflicting priorities, and at very least, begin at 10:30 a.m. and conclude the search committee ought to provide for the at 3 p.m. both days. representation of two or three different perspectives. The plants, all house plants, are The responsibility for insuring a balanced search of many different varieties. All are committee, one that hopefully will put the institution ahead suitable for the limited space of of the individual interests of its members, rests not only with student rooms or apartments. President Ketter, but perhaps moreso with the Law School's Hand crafted plant hangers will faculty and students. It's a responsibility that should not be also be sold, while LSA members will be available to offer instrucabdicated, since the Law School's future rests upon it. tion on the care and feeding of LSA Plant Sale plants. The Phantom Gravy Train Most graduate programs which provide graduate or teaching assistantships do all they can to publicize those positions, encourage applications, and incorporate the GA's or TA's into the framework of the program. However, at this Law School, assistantships are apparently accessible only to those who succeed in boarding a phantom gravy train. Assistants to the faculty are paid from various funds some from State money, others from Administration discretionary funds, a few from private grants, and several out of the professor's own pocket but one thing common to virtually all assistantships here is the secrecy in which they are awarded. There is a gravy train transporting a certain number of students each semester. However, for the vast majority of students, the opportunity is truly a phantom. Where State money or the Law School's "soft" funds are involved, we believe that there is an obligation to advertise the availability of these assistantships, as every law — — student should at least have the opportunity to apply for those grants supported by public funds. With a greater number of applicants to choose from, faculty members might even find that the overall quality of assistants would improve. Assistantships funded through private grant money or personal funds of faculty members may not entail as compelling an obligation to advertise such opportunities to aH students. But it would seem to be in the interests of the faculty, as well as fairer to the student body, to have a broader base of applicants from which to select. A system which has worked well for other graduate programs using student assistants will hardly hurt this Law School or the teaching effectiveness of the faculty. It may flag down the phantom gravy train, but more students might then be able to board that erstwhile phantom. The Outside World by Carl S. Heringer Arise, all ye harried fans of concerts past; rejoice, veterans of long-lines gone; celebrate, you who searched for unknown boxoffices; Ticketron has come to Western repent, scalpers of Xeroxed tickets New York. Ticketron is the electronic wonder of the Western World. For you who have never heard the term before, Ticketron is a computer complex based in New York City, with terminals in Cleveland, Pittsburgh, Philadelphia, Boston, Montreal, and now, Western New York, among other places. Ticketron works in the following manner: every morning a report of new items available on the computer is given to every outlet. When you want tickets to a concert, or almost any other major event, go to your nearest Ticketron office. The computer will give you a ticket on the spot, that very instant not a voucher, or a pass, but a real ticket. Furthermore, everybody has an equal shot at the best seats, since every outlet works through the central computer. There's no more worrying about which outlet gets the best seats and trying to get to that store before the rest of the world does. Tickets are sold at their regular price, plus a small service charge of up to fifty cents. Those acquainted with Ticketron are familiar with its past penchant for breaking down. No more. Buffalo Area Manager Edward Schilling stated that there are now two computers operating, with only a four-second delay in switch-over. Also, these computers are no longer burdened with OTB transactions. Therefore, things should be running efficiently in the future. Ticketron in Buffalo is already available in all four Purchase Radio Stores. President GeraldAbelson of Purchase, reported thatit is a solid success, running smoothly, giving excellent service, and in popular demand despite a dearth of advertising while the entire system is being installed. Within two weeks, additional outlets will be available in all Hengerers, Man-Two/Pantastik, and at the Source in the Main Place Mall. There are negotiations for an outlet at Norton (although I put in a vote for the North Campus). - — . Each outlet has available tickets to every Ticketron event, such as in New York City, a Broadway show, a Montreal event, or a happening in any city serviced by Ticketron. Ticketron is close to agreement with major Buffalo outlets for tickets to concerts, the theatre and sports events. All machines are operated by-trained personnel, so the machine will be ready when you are. Ticketron magazine, listing all upcoming events, is no longer published, so rely on radio and newspaper ads for a listing of events. a concert Volume IS, Number 11 Aprino,i97s • Upinion !"■_* Editor-in-Chief: Dave Geringer Senior Editor: Ray Bowie Alumni Editor: Earl Carrel Staff: Jeff Chamberlain, Eric Zaetsch Feature Editor: Louise Tarantino Business Manager: Alan Mantel lan DeWaal, Gerry Schuttz, Carl Heringer, OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlan Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views experesed in this paper are not necessarily those of the Editorial Board or Staff of OPINION, OPINION is a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from StudentLaw Fees. 4» The Association has also tentatively scheduled a box lunch and bake sale for Friday, May 16th. This was planned for the examination period to give students an alternative to cafeteria fare. Elections to be held The nominating committee has presented a slate of officers for the annual elections. The slate presented by the committee is: President, Tina Stoufer (unopposed at present); Vice President, Don Monacelli,Sheilah Rostow; Recording Secretary, Sally Shermer, Cathy Donelly; Treasur- er, Steve and Roberta Pheterson (running as a team); Correspond- ing Secretary, Marilyn Oelorio, Victor Rostow. Nominations will be taken from the floorbefore the election. Election speeches of two minutes or less will be allowed before theelection. The LSA's annual banquet will be held Sunday, April 20th at the Crouching Lion Restaurant, with cocktails to be served at 4:30 p.m. and dinner at 5:30. The cost is $10.95 per couple, and April 12th is the deadline for receipt of money. Checks should be made out to the Student Law Spouses Association and forwarded to Cindy Monacelli, who is in charge of the arrangements. The Association will cover gratuities. - Strauss continued from page 1 Strauss indicated that government funding programs have had a positive effect on the fiscal situation. "Injecting money into the economy has to help. There has been a greater response on the local level and a slow-down in property taxes," he added. "SSI benefits have also doubled as of January 1974, a sign that the program has worked in helping needy people," Strauss continued. Strauss predicted that the Revenue Sharing Bill would be re-enacted when it expires in 1976. He also foresees a broadening of the SSI idea to encompass more people under its assistance program. �April 10,1975 OPINION Sudden death 3 END OF THE BAR by Dave Geringer by Jeff Chamberlain The proposed wrestling conference which would include Buffalo could be an advantageousone for the Bulls to join. The aggregation would include wrestling powers Perm State, Pittsburgh, Clarion State, Lock Haven State and Bloomsburg State, along with Buffalo. However, the Bulls would be forced, as members of this conference, to maintain the high level of performance that they have attained annually since Ed Michael took over the coaching reins five years ago. The alternative would be a winless conference record and a perennial last-place conference finish. Michael, an excellent recruiter, has been extremely adept at enticing wrestlers to Buffalo -since moving here from Corning Community College. His main source of talent has been the junior colleges. However, as more universities recruit junior college wrestlers, Michael's job will become increasingly more difficult, especially in view of the fact that the Bulls have no scholarship aid to offer. The conference would help Buffalo's schedule if the Bulls could maintain their present level of efficiency. Unable to schedule Perm State and Pittsburgh in past seasons, Buffalo could earn national recognition by defeating other conference schools. Presently, the Bulls must make an expensive excursion to Maryland or Navy in order to be "noticed. "SELF INDULGENCE" ***** The hockey Bulls have added Lake Superior State to an apparent attempt to strengthen their ties iwht the Central Collegiate Hockey Association. St. Louis University, a national power, is the only CCHA squad Buffalo will not meet next season. Unfortunately, the Bulls' recent performances have tended to show that they cannot compete with other CCHA squads. Buffalo was soundly thrashed by Bowling Green four times during the past two years, and dropped all four contests to Western Michigan in a four-game series this past semester. '- ■ ■ ■ •'■ ■ Now Lake Superior, one of the few teams to soundly defeat Western Michigan last season, has been added. The Lakers will undoubtedly add a pair of defeats to the Bulls' record next year. Previously Buffalo was one of three teams in the CCHA's Division 11. Since Division I also had only three squads, the Division II champion was invited to the league's postseason tournament, leaving the Bulls with a chance, albeit a slim one, for postseason action. Western Michigan, buoyed by last year's successes, will shift to Division I this year. Ohio State, whichhas never lost to Buffalo in eight contests over three years, is expected to join them. Thus, the CCHA will no longer be forced to go outsideDivision I for playoff participants. The Bulls will remain as part of a two-team CCHA Division 11. The other half is Lake Forest, a relatively pathetic squad based near Chicago. It is clearly not worth an eight-hour drive and two nights' lodging to register two one-sided wins. Buffalo would undoubtedly be better off if they removed Westenn Michigan, Lake Superior and Lake Forest from future schedules. Rochester Tech would fill the bill nicely as a local patsy, while ECAC squads such as Army and/or otherNew England schools would provide the Bulls with even contests, and games that will have Eastern Collegiate Athletic Association Division II playoff importance should Buffalo be victorious. next year's schedule in • And the sad truthwhich hovers o'er my desk Turns what was once romantic to burlesque. — Byron A parody, properly, is a humorous imitation of a serious piece of literature; a comic or satirical imitation of a piece of writing exaggerating its style and content in a sort ofreductio ad absurdum, playing especially upon any weakness in structure or meaning of the original. An excellent example is Lewis Carroll's "I Met an Aged, Aged Man," which parodies (verb, transitive) Wordsworth's "Resolution and Independence." Harvard Lampoon takeoffs on national magazines are parodies; the National Lampoon is not. (Ideally, neither of these magazines are "lampoons." A lampoon is a malicious or virulent satire upon a person, and is never good-natured.) Originally, a parody required a specific piece of serious literature as a foil. The more modern liberalization of the word allows a more general foil. Thus, we speak of a parody of events or personalities, as in the play Macßird, or Doonesbury comic strips. This broadening of the use of the word has muddled the distinction between parody and burlesque. The vulgar (Middle English from the Latin for mob, common people) synonymy of burlesque with striptease is inaccurate. (Travesty: a deliberate debasing of which the speaker disapproves.) A burlesque is an artistic composition, usually literary or dramatic which, for the sake of laughter, treats mundane matters with mock dignity, or vulgarizes lofty material, Alexander Pope's "The Rape of the Lock" is a proper burlesque, although it has many satirical elements. Satire is the employment of irony, sarcasm, ridicule, and so on, for the purpose of exposing vice and denouncing folly or indecorum. It differs from invective in that it remains humorous, and may be distinguished from burlesque in that its primary aim may not be. Jonathan Swift left his fortune to found a lunatic asylum in Ireland. To show [he said] by one satiric touch No nation wantedit so much. Proper legal parody is in short supply, probably because we are an illiterate profession. Another reason may be that the rule of stare decisis is in itself an inadvertant form of parody. Swift noted: "it is a maxim among these lawyers that whatever has been done before may legally be done again; and therefore they take special care to record all the decisions formerly made against common justice and the generalreason of mankind. These, under the name of precedents, they produce as authorities in subsequent controversies." A precedent, of course, embalms a principle. To one unaccustomed to look seriously at any attempted systemization which builds upon the collective misapprehensions of generations of lawyers and judges rather than logic, the common law appears at least ironic. Irony derives from a Greek work meaning a dissembler. Today, the term implies a deliberate distortion for effect or to intensify meaning. An essential feature is the contradiction between the literal and intended meanings of what is said. In Mac Flecknoe, Dryden praises his enemy, Shadwell, by noting "Shadwell never deviates into sense." A string of legal precedents is dramatically; ironic in that the literal meaning of a word or phrase (for example, person) may be changed into a concept unintended and unforeseen ,by the original courts (for example, corporation), and indeed contrary to the plain meaning of the language (necessary "may import that which is only convenient," [91 P. 2d 1087,1088]). John Quincy Adams called it "law logic;" "an artificial system of reasoning, exclusively used in courts, but good for nothing else." This "development" of legal doctrines through ironic transsubstantiation of the meaning of words is highly parodical. Subsequent cases imitate their predecessors, changing their meaning in the process. All that is lacking (ignoring stylistic considerations) is an advertant humorous purpose. But when the law, in its majestic equality, forbids the rich as well as the poor to sleep on park benches, perhaps humor in lawis either inappropriateor implicit. Turn of the Screw by lan DeWaal Students who are currently in work-study positions have until June 28 to finish their grants. After that date, only students who have received summer work-study grants will be continued in theprogram. Summer work-study decisionswit! be made at the end of April. On a date to be determined, students who wish to participate in the summer program will have to go to the financial aid office on the main campus and apply to have their files evaluated. In a departure from past procedure, release forms will not be issued on that day but will be sent to the student within a week. Hopefully the chaos traditional to this event will be eliminated. The date will be posted in the law school once it has been announced. Failure to go to the Financial Aid office day will preculde you from receiving a summer that on grant.. As mentioned in an earlier column, please check with Financial Aid office now to see if your financial aid continued from page J the application for next year has been completely received and filed in that office. Financial Aid is not concerned with Faculty Included students who pop up in September and claim that they In his letter of resignation, Dean Schwartz filedall the forms but no awards have beenreceived. recommended to Pres. Ketter that "the faculty members and the chairperson of the search committeebe chosen by the faculty according to its principles of governance," presumably by direct ballot, and that the faculty members include at least one non-tenured law professor and one representative of another department. He also suggested 16 that a student and a practitioner be included on the committee "in a manner which accords with the wishesof the law faculty." at University Press realize that many of you don't Most of the letter, however, was devoted to a We often come to the Main Street Campus, so, to make it summary of the Law School's development over the last easier for you, in an attempt to better serve the Law five yearsand an expression of confidence in its future. School community, we will have a representative of the "I am glad to be able to say," Dean Schwartz Press at O'Brian Hall. You may look at our portfolio of concluded, "that my faculty has devoted itself vigorously finished resumes, select your own typeface and stock and concentratedly to the strengthening and development color, and arrange for printing at this time. 50 copies of a of the school." Of the students, he commented, "it is one-page resume will run you $13.25,100 copiesis $1.50 will cost $19.75 for 50, $22.75 for heartening to find, in the bar and bench, as pervasive an more. A two-pager 100. You'll have to come to our offices to proofread affirmation of the ability of our students and recent your printed, and pick it up there too. copy before it's graduates." The Dean also expressed his appreciation for 50% deposit. If you have any questions before hand, call the School's support staff, "one of the finest groups of or 4215. 831-4305 such staff people as I have ever known." Search Planned - Resume Day at O'Brian Hall Wednesday, April 1-4 p.m. Room 316 Two weeks ago, an announcement that stated ABA loans were available to students was posted. Unfortunately, it was not made clear that these loans are available for this semester. Each year, an application must be filed by the.law school to request new funding. Funds were available late this year becauselast year's application was not filed on time. The program is currently being reevaluated by the ABA, which will soon announce if the program will continue. If it is continued, an announcement of available funds will be made early next year. Please remember that this is a federally guaranteed loan program and that all loans (including (NYHEAC) cannot total more than $2500 a year and $10,000 total. Also, the Financial Aid office is investigating whether or not a student who already has a federallyguaranteed loan from a lending institution can participate in this program. Scholar Incentive applications for the summer and will be available in June. Anyone who is seeking a summer award must take six credits. In addition, the summer tuition will have to be paid with a reimbursement being sent late tn the fall from the Scholar Incentive Center. next year Finally, a minimumrepayment schedule for NYHEAC loans has been secured. This amount becomes due each month independently of National Direct Student Loan (NDSL) payments. The two amounts should be added together to estimate how much your monthly payments will be after graduation. Estimates of the NDSL payments were in this column on February 20,1975. MINIMUM PAYMENTS Amount Borrowed $1,000 $2,000 $3,000 $4,000 $6,000 $7,500 Monthly Payment $36.43 39.60 $45.28 $50.03 $69.66 $87.08 7% Number of $2,949.60 (2)4) (5) (7) (9) (10) 120 (10) Interest $ 92.90 $ 376.00 $ 803.52 $1,403.24 $2,359.20 Mo. 30 60 84 108 120 (Yrs.) �This Newspaper Being Judgment Proof, We Haven't Given A Damn About Whom We Have Maligned By These Malicious Falsehoods Opinionated Besides, The SBA Is Responsible For Fund ing This Rag.. And We Don't Even Like Them. So. Go Ahead... Sm Faculty of Socratic Sophistry Belated April Fools' Day Placement Director Found; Red Lost to Law School Coup at Hayes President Robert Critter was kilted yesterday in a bloodless Nancy, Dean Porsche continued, "stood head coup SUNY/Buffalo at Hayes Hall. Six members of the Psychosomatic Liberation Army (PLA) and shoulders" over the other candidate for the job, are holding Vice President Albert Vomit underoffice arrest. Iron the Mailman. Former Students Bored Association (SBA) official Don Boor reported that Law School Dean Red Porsche announced last Asked about the job's qualifications, the Dean the PLA members had made several demands after being drunk for 77 week before a hushed faculty meeting that "after replied that the Law Schoolrequired that applicants consecutive hours after Critter was overthrown. "They have demanded that the three years, two months, and fifteen days of battling be admitted to the bar and have one year's administration turn Acheson Hall into an amusement park," declared Boor. against adverse forces surrounding this law school administrative experience. "Nancy," he "was "They also have called for the Amherst Campus to be converted into a lake via and especially me, I am pleased to announce that admitted to Mulligan's when she wentadded, there last the use of nuclear weapons and the diversion of Niagara Falls. In addition, they Nancy thePlacement Secretary has been selected as Friday night, and her resume indicated that she is want an airplane, immunity from persecution, not to be called on in their law the new Placement Director. By the way, I also fully capable of administering her typewriter so as to classes, and safe passage to Cheektowaga." resign." Former intramurals director Bill Muckrake, leader of the insurgents, was keys to leave imprints on paper, a skill reported cause the cursing loudly over the megaphones at Hayes. His second-in-command, The stunned silence of room 209 was shattered exceeding that of anyone else in the administration former professor John Spaniel, yelled "Long live the Revolution" into the only by the "HAW, Ha, ... Hee Hee Hee" of John here." telephone. He was, however, unable to specify the revolution he was referring to. Henry Bagel, the knitted brow of Del Grotto, the The long delay in acquiring a Placement machine-gun staccato of Newschool, and other Director for the law school, Dean Porsche explained, Empty car sounds too obscene to characterize. was caused by "unfavorable sounds from Hayes According to several blind witnesses, the event began whtfn the the members Unperturbed, the Dean announced that a Hall," "Mysteries in Albany," and "a dense fog of the PLA rode up to the main entrance of Hayes in an empty car. They three-month search of Room 309's secretarial staff which seems to permeate my office whenever I'm in demanded to be shown to the Office of the President, a seemingly idiotic request had resulted in Nancy being selected as best qualified there." that was granted. by a search committee consisting of Assoc. Once inside, they caused Critter to suffer "irreversible psychosomatic brain Questioned as to thenotice of resignation which Provostial Dean Bob Phlegming. Student he had publicly posted last Tuesday, he impishly damage," the technique that inspired one observer to give them their name. Vomit was held in his office by assorted lunatics wielding blades of grass, which participation was assured when Mr. Phlegming asked j grinned. "Last Tuesday? You mean April Ist? they claimed were ray guns from another planet. a random student "whether he liked Nancy the .APRIL FOOL! Five more years, Five more years The vending machines in the basement of Hayes were reportedly used to Placement Secretary" and the student replied "She's [Chorus of'Cleo, Milton, Marc, and Herman fend off reporters who came to investigate the coup. A newsman from Channel 0.X., I guess." j ..." join in the chant.] 19's "Eyeless, Witless News" was supposed have been beheaded. by S. Tomic Spy . to Suicide Disrupts Class by J.J. Catastrophe A fifth-year law student from a suburb of Tonawanda was found dead yesterday during his Constitutional Law class. Wax Incredulous, age 23, was found wedged between the blackboard and the wall in Room 107 O'Brian, the victim of an apparently self-inflicted gunshot wound. Professor Hy Lorn an revealed that he had become suspicious when the blackboard began moving toward him as he was addressing his class. "I thought that someone was getting his revenge for my surprise, in-class, no-book final last year," said Loman, who failed his entire class when they all burned their exam books in disgust. "When I heard the thud, I thought that the wall was crumbling," Loman continued, "but then I saw a head fall out of the wall." Loman then collapsed, causing the remainder of the body to drop to the floor. World traveler Incredulous, a well-traveled law student, had been the only Buffalo law student to ever apply for a summer job with the Urban Corps in Antarctica, where he hoped to initiate the Antarctica Civil Liberties Union. When he was told that the Corps had abandoned Antarctica during the previous year due to a lack of suitable office space, he took a summer job as advisor to the DalaiLama in Tibet. After he returned from his summer internship, Incredulous was told by the financial aid office that his final three paychecks had mistakenly been shipped to Nepal. He found them at the top of Mt. Everest in October. Incredulous then intended to come back to Buffalo, but his flight was hijacked seventeen different times. When he finally amved in Buffalo, he was told that he had been given four F's for failure to take his final exams. No weapon, no conviction In January, he was arrested for the yak murder of three financial aid officers, but since the murder weapon was never GET found, the charges against him were dismissed. Last week, he attempted to pay for his spring textbooks at the bookstore with a Tibetan money order. The bookstore's manager, Caribou Mesh, suffered a stroke when whe saw that Incredulous was serious. Incredulous then fell asleep in the classroom with a pistol taped to his head. He leaves threewivesand 2V4 children. Hockey Bulls to Switch Site by Punch Drunk Due to an attendance problem, the hockey Bulls have transferred their home games from the Holiday Thin Picks to the Amherst Wrecked Center, effective next season. The Wrecked Center was an alternative to the proposed site, the Amherst Bubble, which had to be scrapped when it punctured while workers were attempting to install ice-making equipment. "s%f (&*%%+ss*!" exclaimed one. The Wrecked Center, which got its name when an airplane traveling from Ethiopia to Moscow crashed into its roof three years ago, has many advantages. "We have the world's first tilting ice surface," beamed Bull Coach Ed Wrong. "It is controlled by a panel under the ice. Last year, the Tonawanda Twerps used the Center and were unbeaten, untied and unscored upon at home." Secret weapon The Center also possesses a new movable electronic Scoreboard. "We can use it in many different ways," Wrong noted. "I may use it to block the door of the other team's dressing room, if we need a forfeit late in the season. It can also be used as an extra goaltender. Last year, Tonawanda dropped it on the ice when the other team got a 5 against 0 break. It wiped out 2/3 of their team," Wrong laughed. Wrong also disclosed that new seats have been installed at the rink." We have removable seats," Wrong explained. "When one of our players gets a hat trick, fans can throw their seats on the ice instead of their hats. In addition, they can throw them at the officials when we get penalty, or decapitate the goal judge if he rules that a goal has been scored against us. Finally, they can be used to start fights in the stands, another aspect of having a good time," Wrong added. » Trapdoors galore The Centeralso has many trapdoors beneath the ice surface. "They usually learn riot to send players Into our zone after. a couple of times," Wrong advised. "Sometimes they are very stubborn. Last year, St. Mary's School for the Deaf lost eight players in the first period alone, and the others fell into the whirlpool in the middle of their dressing room. They dropped hockey," Wrong said. "We may finally achieve that unbeaten season this year." Screwed by I.M. deWalrus "Trie entire staff of the Financial impediment office will walk off the job next Monday, according to Ms. Eclaire Mangrove, Financial Impediment liaison for the Law School. "The cuts in available funds reaily hit home when the Governor announced that we would be transferred from the state budget to work-study positions," explained Ms. Mangrove. Student reaction to the upcoming walkout was mixed. "I don't anticipate any delay in receiving my financial impediment award for next year," stated "Big Bucks" Headstrong, a freshman law student. "They haven't processed my award for this year yet." Students were apparently unaware of the Implications of this new budget cutting decision. Because of time-consuming attempts in Congress to raise revenues by authorizing the sale of students currently indebted under Federal Loan programs to the highest-bidding Middle East power, there will be no expansion of the Work-Study program to absorb the new participants. "They will just have to tighten their book-belts and bite their Cliff-notes," stated a White House sorcerer. The Financiai Impediment Office announced that due to the absorption of Its staff by the Work-Study Program, there will be no funds available at all for students nextyear. "We have to eat too," pouted Director JoeStillborn. However, Ms. Mangrove told Opinionated that the staff would not take their transfers lightly. "When we heard about this, we decided for the first time in ten years to request additional work-study funding," said Ms. Mangrove. "We never needed additional money before." Their request wjis refused by the Feds. As a result, the Financial Impediment staff convened a strike meeting yesterday. Proposals to engage in a work slow-down were defeated after disgruntled members suggested that no one would notice a difference. There was an apparent voice vote in favor of a strike, however, due calls for a "reading of to the roll," the final tabulations were delayed until representatives of the College Striking Service could certify the results.. The final vote will apparently never be known. The College Striking Service maintains that the ballots were lost In the mails. Charles Wail'n, Law School registrar, has announced ne» registration procedures for next Fall. Law School observers suspected such a change was coming when Mr. Wail'n was seen erecting "start" signs at the west end of the newly constructed Amherst athletic bubble, while placing a box, apparently full of class cards at the oppositeend of the structure. "This will really speed up the registration process," claimed Mr. Wall'rv Students who participate in the new registration procedures will immediately know what classes they are registered for. We decided to adopt the speed of the computer registration process and combine it with the certainty of the old manual registration in the gym." Under the new system, the entire population of the school will assemble at the west end of the bubble on September 1, with seniors at the front and tresnmen at the back. Each class will alternately line up In alphabetical order and then reverse alphabetical order, to Insure the randomness of course selection and to guarantee fairness. At the sound of asurler pistol fired by Iron, the Mailman the entire group will proceed as quickly as possible to the other end of the bubble and begin selecting class cards. "We expect the whole registration to take no longer than five minutes," beamed Mr. Wall'n. "As soon as It is finished everyone will know what courses they are registered for" When asked how he planned to keep the law from killing each students rl h f box ofcIMS Mr w n "Plained that ». »•. hi Cal b h b n ur lne us for <° cut ,h and »he" Ketter told us we couldn't •"'" reduce «"*»<•• admissions tocut back on class sljes, had to think of a quick way to lack-up we the attrition rate," said Mr. W.ll'n. "No one was going to flunk T I'""", doTn ? .' ■"""J"."' tZI "!! "*".", °' ""'° " - " """• " » '"' out"' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-04-10 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/10/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/16c021db8f47c0411099d268fa3d79cf.pdf b83d33360cf0520fca409a5282f6ecc9 PDF Text Text Opinion I John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 15, Number 10 jeopardized the continuation of the small-group elective program in its present form. The new program would be "an obviously makeshift solution," it conceded, "butit is the best that can be done at this time." Since "research skills primarily involve gaining a working sense of a law library," the new program provides that the teaching of basic research skillsbe handled by the library staff, with "the assistance of 25 portable cassette recorders which will' offer students an individualized automated library tour through various problems relating to resource materials. Each student would check out the cassettes and be able to proceed at his or her own speed through the problems. The research phase would begin about the middle of the fall semester, with students being expected to avail themselves of the resources before the third week of the spring semester. The legal writing and analysis component would cover the spring semester, at the beginning of which first-year students will have the option of selecting either the moot court exercise or a small-group continued on page 4 Admissions Policy Adopted The new policy, drafted by the Admissions Committee,- provides for two general categories of automatic admissions and manual admissions. Under theautomatic admission category, at least 80% of' each entering class will be admitted on thebasis of a formula combining LSAT and GPA scores, with a floor set at 2.5 GPA and 550 LSAT, beneath which applicants will be automatically rejected. However, a manual admission category is established for applicants showing special promise' or particular handicaps, so that their files can be individually reviewed by the Admissions Committee despite low numerical scores. Under this manual admission category, the Committee will look for indications of academic achievement not reflected on exams, of leadership or public service, and of superior motivation. In particular, the policy notes, the Committee should rely primarily upon these non-numerical criteria in evaluating applicants of a class "known to fare poorly on standardized tests due to historical patterns of deprivation and discrimination." Hence, the files of disadvantaged or minority applicants who are rejected under the auto- PAID Buffalo, New York Permit No. 708 matic admission standards will be reviewed again for possible speciaf admission under the manual category. The administration of the manual admissions will require the Admissions Committee to conduct "a thorough and individualized examination of each applicant's file," which will be limited to about 20% of each entering class. A preliminary screening of applications will serve to "flag" those most-likely to deserve detailed'individual scrutiny. Among those to be initially flagged for special examination will be applications which present measurement problems, i.e., those of physically-disabled applicants or applicants whose transcripts contain a large proportion of ungraded courses, and applications where talents might not be reflected in numerical scores, i.e., those of minorities, holders of advanced degrees in other areas, applicants with unusual work experience or outstanding letters of recommenda- tion, and applicants over 29 years of age. In the faculty discussion of the policy, Professor Marjorie Girth expressed concern about the low floor on GPA's, noting that a high LSAT score might qualify applicants with a poor GPA overall. Professor Thorne McCarty, responding for the Admissions Committee, explained the Committee's feelmg that the GPA provides a small amount of information, as it varies too much among different schools, while the LSAT compares all applicants against the same percentile ranks. According to Professors Mark Galanter and Dannye Holley, the basic policy for minority admissions remains unchanged. The same automatic admission and rejection standards will be applied to both minority and norvminority applicants, thoughminority applicants would also thenbe placed in a special category under the manual admissionsprogram for individual consideration. Reciprocal Placement Services Explored Effective for the current 1975 Spring semester only, an experiment in reciprocity is being undertaken between Buffalo's Placement Office and thatof Syracuse University Law School. For the rest of this semester, SUNY law students may use the services of the Syracuse University Law School Placement Office, and Syracuse students may use Buffalo's. It is hoped that law students at both schools will benefit from this arrangement. At the end of the Spring semester, both schools will evaluate the reciprocal experience to determine whetherand in what fashion it may goon. March 27,1975 Kunstler Urges Change in System by Louise Tarantino by Ray Bowie One of the lengthiest and most heated faculty discussions this year dominated the monthly meeting before vacation, when a new first-year research and writing program was debated and ultimately approved by the faculty for next year. The proposal, drafted by the Academic Program and Policy Committee, would provide for a program of legal research to be taught through the Library's audio-visual equipment, a program of legal writing offering the student a choice between the current small-group electives and a moot court exercise,and one upperclass writing assignment of major substance. The revision of the present small-group elective program for first-year students was necessitated by the lack of sufficient faculty interested in teaching small-group courses, which would have made it impossible to instruct small.groups in research and writing skills next year. According to the APPC's report to the faculty, the unwillingness of many faculty to teach small-group electives was understandable, given the fact that the law school has commitments to programs other than research and- writing, but nonetheless such unwillingness had With only a few.Indications of concern that a lower GPA floor would produce pooreradmits, the faculty adopted, at their March meeting, a revised admissions policy which incorporates the minority admissions program into the special provisions of the regular admissionsprogram. U.S. Postage State University of New York at Buffalo School of Law New Research/Writing Program Instituted by Ray Bowie Non-Profit Organization After a warning that "the law is a dangerous animal," William Kunstler, guest lecturer of the Distinguished Visitors Forum, described various aspects of handling law and the role of today's law student. In his March 4 lecture entitled justice?, Kunstler, currently a defense attorney in the Attica trials, described his changing attitudes toward the law and the hope for changes in the legal system. According to Kunstler, thebasic danger of the present law system is that most people think it works. "People see it as the best system we have, a safeguard of our legal rights and duties," he said. In reality, however, the law "keeps people controlled and relatively harmless" people accept it and believe in it and are reluctant to question the fundamental workings of the system. - - Systems compared Zech Kunstler drew interesting com- the rank and file and solidify the parisons between the legal system silent majority by creating an air of 1800 and today's organization of tension and fear." He traced the pattern prevalent of law. Among the aspects described were non-unanimous in the system today of quickly juries, lawyers' questioning of suppressing insurgent groups. "As juries, absence of professional pro- one group rises and becomes persecutors and the jury's ability to tinent, so rise the indictments judge law and fact all positive against that group," Kunstler said, characterizations of the 19th cen- citing the Catholic Left, Black tury system that no longer exists. Panthers, the Peace Party and poKunstler also commented on litically active professors and studthe drift today to "tightening up ents as examples. "The governof controls." He described the use ment is preying on fear," he of controls for political purposes, added. "to destroy leadership, terrorize continued on page 5 — - Used Book Store Planned The Alden Chapter of Phi AlCurrently, most used book pha Delta legal fraternity has atf sales are privately accomplished nounced plans to operate, in con- through the medium of posted junction with the Law Spouses messages, with a lesser number of Association, a used book store for students selling their books to the law book sales and purchases this FSA-operated Bookstore. PAD summer, on an experimental basis, and Law Spouses hope that the and again next fall. used book store will provide a The used book store would, ac- public service by facilitating and cording to the plans discussed by centralizing private transactions, the two organizations, serve as a while being able to insure purchasmiddleman in handling transac- ers as to the correct editions to be tions for students wishing to sell used in courses. books and those wishing to buy. PAD Justice Ray Bowie A student desiring to sell a book would be able to set the sale price broached the proposal to Law and leave it at the used book fac- Spouses officers before vacation, ility, which would be staffed by and the two organizationsdecided PAD and LSA volunteers. Poten- to operate the facility prior to the tial purchasers would be able to summer session to handle books browse through the available for summer courses. Experience stock. Thebook store would func- gained through the summer operation as the seller's agent in contion will then be applied to deterducting the transaction at the sel- mine how best to operate the used ler's price and passing the receipts book store for book sales prior to on to the seller. fall courses. �March 27.197S OPINIQN 2 Commendation to SBA Officers Editorials Forlorn Hope With slates of candidates seemingly having become a elections, it may be inevitable that the campaigns themselves would become more intensively hard-fought. However, there is little excuse indeed for some of the tactics employed in the election last month. Candidates should be encouraged to publicize their platforms, their experience, and their performance relative to the opposition, as publicity of this sort aids the electorate in making an informed choice. However, when candidates or their supporters turn to destruction of opposition posters and hysterical public broadsides against their opposition, using terms such as "fascists," "demagogues,"or "subverters of truth," a level of campaigning has been reached that simply ill becomes supposedly reasonable people. Further, and perhaps even worse in terms of its ramifications, the deliberate reduction of an SBA election to an ideological.conflict, manufactured by some candidates, can only have the unfortunate effect of polarizing the student body unnecessarily and channeling SBA's energies into ideological struggles far removed from law school issues. While SBA can do more to insure that election campaigns suffer less physical interference from the intolerant, SBA can admittedly do little to restrict the scope of campaign issues to platforms and qualifications. While such measures might be desirable, First Amendment considerations extend also to the raising of irrelevant issues or even fabrications in a campaign. The best that can be hoped, as regards the latter tactics, is that candidates for office would simply refrain from that sort of campaigning. Fw some, however, it is doomed to be a forlorn hope.permanent characteristic of SBA Open Marketplace? Recent controversies involving the undergraduate. Speakers Bureau, in which political pressures forced the substitution of William Kunstler for Ronald Reagan and influenced Ron Ziegler's premature cancellation of his lecture tour, are indeed a sorry commentary on the intellectual stature of this University, which is supposedly an institution devoted to an open marketplace for the exchange . of ideas. Since the SBA allocates each year the sum of $1000 in funding of University-wide functions, such as the Speakers Bureau program, law students should legitimately be concerned over the way in which "unpopular" speakers are continually slighted in favor of "popular" speakers, all on the basis of certain ideological criteria deeply imbedded in the University intellectual establishment. Although there is indeed validity to the complaint that lecturers' fees are often extravagant, it would seem that this concern motivates certain influential elements less than a simple dislike for the expression of non-conforming views. Their objection to paying Mr. Zlegler $2500 for his lecture invariably never extends to the thousands of dollars spent annually to fuel a steady stream of speakers representing the political left. Indeed, money was scarcely a factor in the substitution of Kunstler for Reagan, or the hysterical hoopla which prevented the booking of William Shockley last fall. Sad to say, prominent spokesmen for various views do require large expenditures, but equity dictates that if spokesmen representing one side are funded, then an effort should be made to fund spokesmen of the opposing side to the same extent. Only such an effort can yield a true education from outside lecturers. Stan Morrow, undergraduate chairman of the Speakers Bureau, has apparently done his best to insure a balanced lecture program this year, but political pressures have unfortunately frustrated him at every turn./Law students should appreciate the fact that their own Distinguished Visitors Forum has mounted a fairly balanced program this past year, through the cooperative efforts of people of varying political philosophies; but they should nonetheless not cast a blind eye upon the troubles plaguing the University-wide lecture program. After all, we also pay for it. avoided, placement action was taken, an Opinion publication was started, various SBA parties were planned and scheduled, freshman orientation was coordinated, public relations for the school was handled and various changes in the SBA structure was accomplished, to mention a few. Realizing I have forgotten many important functions, the record of last year's officers is still a fine xjne. And at a time when very few of us have time to offer without pay, and much less without accomplished. thanks, it's commendable to see a number of people Not meaning to slight anyone as my memory willing to give their time on our school's behalf. I fails me, I wish to mention a few of the think everyone connected with last year's SBA is to accomplishments of the out-going administration; be thanked for timeand effort tirelessly donated. Kathryn Schneberk-King the dedication was handled, a bookstore move was To theEditor: As the defeated SBA presidential candidate of a year ago, I feel it is proper for me to say a few words as the SBA officers of 1974-75 leave office. Our tendency as lawyers, many times is to focus on the bad aspects of an administration, or to emphasize what was not accomplished by the officers in question. But for once I would like to commend the out-going officers for what was Appreciation Expressed premise or their own participation in SBA, for To the Editor: otherwise all involvement for the purpose of opportunity, would like take the the to in bettering a sad situation would be precluded. I 1 form of this open letter to the editor, to express my Mi> Stuart's letter concluded with criticism of deep appreciation to all who took the time to an "intimacy" between SBA and Opinion, though it consider the points raised in the recent SBA is difficult to discern the precise target of his campaign and cast ballots, on the basis of that objection. SBA President Lohr indeed cooperated consideration, for the candidates running on our with Opinion in exchanging accurate information as platform. to law school devefopmehts, which "intimacy" Having entered the campaign as underdogs and should be laudedrather thancriticized for its benefit having finished the same, I am grateful for the of communication to the student body. Never on support and encouragement offered us by numerous the other hand, have any SBA officers "sat in" individuals, whose steadfast backing was often Opinion editorial board meetings or participatedon in instrumental in our own initial decisions to seek SBA editorial decisions, as Mr. Stuart would have known qffice and in our waging a strenuous, albeit uphill, if he had ever himself attended such meetings when campaign. As we stated in our platform, it was such he held the title of Opinion's ArticlesEditor last fall. support, and the concern as to law school affairs Having shown little interest in Opinion while on demonstrated therein, that made our candidacies the staff and finally resigning altogether, Mr. Stuart worthwhile in the end. shows even less perspective on the relationship personally am particularly indebted to former between I SBA and Opinion when he faults the' SBA President Don Lohr and former Treasurer Ed newspaper for failing "to rake SBA's muck." Perusal Zagajeski for the generosity of their endorsement, of past issues will evince regular Opinion reporting of which was seni to Opinion as a letter to the editor SBA's foibles, along with editorial criticism and prior to the election; and'as a mailerof courtesy, I Opinion's constructive suggestions relating feel obliged to defend both parlies against the policy toward SBA, however, hasthereto. been predicated unjustified attacks, contained in John Smart's letter upon there being greater benefit, to the sJudeMt'bdtfy of March 6. from cooperation between the two''institution's Utah" Surely iherc is ,i contain futility in.trying; lo from some mindlessly adWsarfaf rt!lS»artsKip\ reason wilh, much less publicly debate, dogmatists,, own feapM that, given the 'dhp'6si«ion'df'the' lhe!w'"'' ■who correspond through Opinion only'when' they SBA leadership, the undoubted past success of the have an old ideological axe lo grind or else bury in cooperative policy will be difficult to repeat, the someone's back, but unfortunately, unless such ultimate loss from such development a falling upon attacks are answered, there is always the risk that the very student body both supposed' institutions are " silence may be deemed to be assent ; ■ miltiw IMiilloo ■>«. "■' to'serve. "Journalistic taste" is not, I, am sure, a To return, however, to the subject of thosewho consideration entertained by Opinion's editors in supported our platform and voted forfls at the polls, nuhlishing Inters or endorsements, but rather, against the tendency now to lose I wish to incaution Opinion's policy of maintaining an open interest law school affairs or to surrender newspaper, open for such things as candidates' independent views for the ideological purity some statements, endorsements, and any ensuing would assess as the price for participation in student brickbats, e.g., Mr. Stuart's. That price is simply too steep if As to my campaign contention that SBA has activities. integrity intellectual is valued, and it would be been largely a joke in the past, such characterization indeed foolish.to consider paying it. SBA is obviously inapplicable to those figures who have or without it, there exist so many other, ways in done their best to alter that situation, included which to channel one's interest in the lawschool or among whom are surely Mr. Lohr and Mr. Zagajeski. the profession. The important thing, of course, is to Certainly, it is only weak logic that views their continue to channel it. endorsement as inconsistent with the abovenoted Ray Bowie , ' •, , W"> '• ' Clark: De-Politicize Justice Dept. Former Attorney General Ramsey Clark, presently an Attica defense counsel, presented his views on Politics and the Justice, on Tuesday, March 18. Department of Clark spoke on his proposal to de-politicize the Justice Department and make it an office "committed to rule of law." He disagreed with the common practice of Presidents who appoint Attorneys General who are closely identified with them politically. Instead, Clark favorspersonnel in the Department of Justice who are of different political parties. Clarke cited various high rank- ing officials in previous adminis- trations who were politically connected to their Justice Department jobs and who, he felt, were unable to give objective performance in office. He suggested that the govern- i- isolate the Department of Justice i- from political influence." ment "learn to perfect the institution through change and strive to3 Volume 15,Number 10 March 27,1975 IHniriinn If Jll 1111lI Editor-in-Chief. Dave Geringer Senior Editor: Ray Bowie Alumni Editor: Earl Carrel Feature Editor: Louise Tarantino Business Manager: Alan Mantel Staff: left Chamberlain, lan DeWaal, Gerry Schultz, Carl Lohr, Pam Heilman, JohnZeckhauser Don Heringer, OPINION is published every two weeks, except for vacations, during the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, |ohn Lord O'Brlin Hall, SUNYAB, Amherst Campus, Buffalo, New York 14260. The views expensed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION ii a non-profit organization. Third Class Postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION Is funded by SBA from Student Law Fees. f �March 27.197S OPINION 3 Q. A. <?. A. . want is elections - well, "fair" elections. The President doesn't say much, but he says it very sincerely. The lie What's your favorite flavor, lerry? never dies. Red. I trust Walter. Walter wouldn't lie to me. The other Red's nota flavor, ferry. night on the news, Walter stood up from his desk and Oh. Couldyou repeat the question? showed me with a pointer on a map. That's a very serious The National Lampoon business. Walter doesn't get up and go to a map unless it's by Jeff Chamberlain — really important. Oppenheimer opened his Village Voice column of There are differences. We haven't yet been fed the old March 17, 1975 with this paragraph: "With the images of "strategic importance" placebo. Ramparts hasn't yet come the kids starving to death in Phnom Penh still fresh on the up with any detailed economic conspiracy showing that a screens, the man gets up in front of the press conference war in Cambodia would benefit a few airplane and talks about the bloodshed and the horror and the manufacturers or interlocking directorates although it tragedy going on in Cambodia, and lectures us about how probably would. So far as know, the Buckley family has a communist takeover will make it worse. I doubtit. I think no major interest in drilling for oil off the coast of probably a lot of 'political enemies' are going to get lined Cambodia. When the hardhats attempted to shut down the up and shot, but don't think the. kids aren't going to get City by blocking the bridges (yes, I know it was because of some food. I don't think the carpenter I saw the other the economy), they were not herded into a football morning is going to have to keep cranking out coffins from stadium and held without being charged, while the American ammunition cases, three cases per coffin." Attorney General looked on approvingly through a cloud of pipe smoke. I don't believe thatany long-haired, pinko, [Copyright© 1975, The Village Voice). It sounds familiar. When was in college during the fascist, queer has chained himself to the White House late 19605, had thought that my personal actions had fence. Lon Not is not quite as corrupt as Thieu. College Sjopped The War. After all, hadn't gone to Washington, men are not huddled around the tube waiting for their marched in demonstrations, sent telegrams and letters, numbers to be drawn. The current Vice-President is not suspended the academic functions of the University, quite so naive as the one who called me an "enemy" in smoked pot, and talked earnestly? But I hadn't reckoned 1970. like rock and roll and 1957 Chevies. I'm glad that with the 19705. hadn't anticipated the lethargy which precipitated the current interest with the past called undergraduates are drinking beer again. It doesn't bother nostalgia. I also hadn't anticipated the incredible me that fraternities and sororities are making a comeback. imbecility of the American political machinery! We're back But if you are SO years old and a Southeast Asiani you have never lived in a country which wasn't at war. For that at it. Again. The similarities are startling. People are dying in matter, if you're 500 years old and live in Southeast Asia Cambodia. The proffered solution is to kill more people. you have never lived in a country which wasn't at war. I The dominoes are back in action. If we don't send help to have serious reservations about any action which would Lon Nol, we will be breaking our sacred word, and the rest help keep that particular tradition around. Spring is of the world will lose faith in us. If this should ever coming. The combination of Spring and a war in Asia happen, we will lose our allies. We have a "moral brings up another tradition,,.the tradition of college commitment" which we mustkeep, but of course this does students running around feverishly pretending they're not not mean that American boys will.be sent to fight a war helpless. Escept for a possible cathartic effect, I'm not sure Joel — I I I I I I I that, As™ boys shoujd.be. fighting, |,ust a, few advisors r better). The liberals in woiil<| dojt.(triey re all.volunteers, anyway,and the pay is that this tradition has much use. I'm told that the prevailing apathy on campuses indicates that maybe this Congress are balking, but they don't tradition has in fact been stamped out. So much for the know the real story, and maybe if there's a cut-off date on revolution. But how about a demonstration in front of the the aid Westmoreland says thathe wishes the military Administration Building only a little one just for old wasn't bottled up by the politicians, that if we would send times' sake? Or how about a nostalgic bus ride to D.C. in the B-52's we could clean things up in just a little bit. we could make it in about nine hours if we left after the It's, just a matter of supporting Lon Nol until a nice ShaNaNa concert. Does anyone have the Dow Chemical political settlement can be worked out between the Good telephone credit card number? Or am just being old Guys and the Bad Guys, and everyone knows that you ("never trust anyone over 26?") and irrelevant? can't bargain from a position of weakness, All we really ... LALIMN INE ENDBOTGH AR - - I — by Earl S. Carrel I am certain that most regular readers of Opinion are well aware of the controversy surrounding the appointment and non-appointment of Bill Flynn as Director of Placement and Assistant Dean. I really don't know Bill Flynn. The first time I met him was about two weeksago. Whether he is qualified for the job is not the issue; although judging from the published job description he is not. The real issue concerns the methods of the Law School Administration and the Law Alumni Association. This column has generally been supportive of the activities of the Alumni Association, but when a secretive clique of people feels that they alone represent the entire body of graduates of this school, it is time that a voice of dissent is heard. As an alumnus, I pay my dues to the Alumni Association. For my money ($10.00), I get absolutely nothing. I am supposed to get Opinion. I have never received a copy of thispaper in the two years since I graduated. I should have received some information regarding the annual AlumniDinner. The only information known to me is what I happened to see in the local daily newspaper and what I have been told by appearing at the Law School periodically. What kind of communication is this? When I first began writing this column in September, 1972, I asked John Gridley, then Alumni president, for an open letter to the membership. Eventually he responded with a letter which was published in the April 5, 1973 issue of Opinion. In the Fall of 1973, I wrote to Judge M. Dolores Denman [past President] asking her for a similar letter. She never replied to the letter or to follow-up phone calls. In October, 1974, I wrote to Judge Rudolph Johnson, the current President. I again wrote to him in February, 1975 and the response was that a letter was in preparation. It seems to me that the Board of Directors of the Law Alumni Association do not want the membership to know what the Board is doing. Ido know that 1myself*am not going to the Dinner. Why bang my head against the wall? The Alumni Association is not.responsive to the needs of the students.) is not responsive to the needs of the Alumni; and is not responsive to the needs of the Buffalo legal community. To be more specific, other constituent alumni gorups within the University -of Buffalo conduct continuing education programs, career guidance and counseling programs, travel programs, and are closely affiliated with the General Alumni Board. The only item among these mentioned which has any connection at all to the Law Alumni is the Career Day program whichhas been held the past two years. Who knows if it will be held again this , year? Federal Tax Z: Banks' High Grades This column discusses the reform <md the effects of the ex/sting tax system, two subjects that receive little or no attention in the many tax courses offered at this school. It Is my position that it is equally important to learn the effects of the law one is dealing with as to learn the law itself. This school should not merely train legal technicians, as cognizance ofthesocialandpolitical effects of thelaw also should be taken. It is also my positiojithat the federal tax law as it is now written operates to subsidize rich people and corporations and that this bias shouldbe reversed to favor thenon-rich. The following article, entitled "Banks Receiving High Grades ...in Avoiding Corporate Taxes" by Donald Mullineaux, is reprinted from People and Taxes, a publication of the Tax Reform Research Group. Although income tax rates have been little changed, some businesses have been dispensing proportionately less of their earnings into Uncle Sam's coffers in recent years. Among financial corporations, commercial banks have been particularly adept at trimming their tax bills. Tax burdens (measured by the ratio of taxes to income) have diminished especially sharply at large commerical banks that can pursue a number of tax-reducing activities which are not generally available to smaller banks. The fact that the taxman has been left with a continuously smaller portion of bank income opens traditional questions of equity and efficiency, and makes it increasingly more difficult, to justify continuation of commercial .bank prerogatives (such as the ability to issue checking accounts) on the.grounds that they offset the high tax burden of commercial banks relative to other financial institutions. FoU rWays Specific activities which diminish the size of the Government's tax bite can usually be classified into one of the four broad tax-avoidance schemes. These include searching for: by Gerry Schultz 1. Categories of untaxed income (exclusions), such as how to pare their tax bills. More than good advice is required, however, since in some cases a bank must have interest on municipal securities. 2. Income from items with preferential tax rates, such as achieved some minimum size before it can. profitably capital gains; undertake certain activities which are advantageousfrom a 3. Tax "credits," which allow an explicit deduciton from tax viewpoint. Equipment leasing and foreign branch or calculated tax liabilities, such as the 7 percent subsidiary corporations represent several examples. investment tax credit; However, the option which has probably been the 4. Deferrals of tax payments until future periods, such as principal avenue for tax avoidance by most banks in rccnet utilization of accelerated depreciation schedules. years purchases of tax-exempt municipal securities is In recent years, large commercial banks have engaged in all readily available to banks of all sizes. four broad categories of tax avoidance strategy, while Year-end balance sheet statements for 1972 reveal smaller banks have typically made use of only the first two that commercial banks held $90 billion of groups. tax-exempt securities, nearly half the total outstanding debt of state and local governments. These holdings have Shrinking Taxes Shrinking tax burdens at commercial banks during increased some 350 percent since 1961 whenbanks held but 25 percent of outstanding tax-exempts. Since total recent years reflect both Government actions and tax-saving activities undertaken by banks themselves. For bank assets have increased byt 166 percent over the same example, the corporate tax rate was reduced from 52 to 48 period, the proportion of municipal securities in bank percent during the Kennedy tax cut (1964) and in 1962 portfolios has more than doubled. the Treasury made a favorable (from a bank's viewpoint) Municipal Securities change in the definition of deductible additions to Purchase of municipal securities offers commercial bad-debt reserves (a percentage of funds are required to cover uncollectable debts. While this reserve is deductible, banks a unique tax-abatement opportunity. The IRS its size is consistently larger than needed, resulting in a prohibits non-bank investors purchasing tax-exempt gain for banks). However, the bulk of the recent decline in securities from deducting any interest costs associated with tax liabilities can be attributed to bank-initiatedactions to funds borrowed to finance such investments. While trim the taxman's take. Indeed, the ability of large banks commercial banks have no blanket exemption from this to outshine their smaller rivals in this pursuit can be restriction, the IRS has conceded that banks may deduct attributed to the relatively larger menu of profitable interest paid on money obtained in the ordinary course of opportunities at their disposal. doing business so long as there is no direct connection between the indebtednessand the purchase of tax-exempt securities. Consequently, if a bank purchases $100,000 Little Size Hurts Since growth in size is typically accompanied by worth of municipal securities yielding 5 percent by using increasing specialization of tasks, large banks can better continued on page 5 afford tax lawyers and accountants to furnish advice on — — , - �March 27,1975 OPINION 4 Research/Writing Program — continuedform page I elective. APPC noted that the current Desmond drafts of each paper. Seminar students, he noted, usually do not decide upon a paper topic until late in the course, at which time faculty are already under pressure to report grades. In reply, however, Professor Dan Gifford said that the APPC proposal contained no requirement that the written paper be completed in one semester, or even one year, so that shortness of time was not an issue. Citing the experience of University of Maine Law School, Professor Andrew Spanogle explained that third-year students are used successfully at Maine to te"ach legal writing. Studentinstruction, he added, could work provided the student instructors are themselves carefully trained in writing by the SBA OK's Convention, Denies 2nd Moot Court Competition provides the minimum in this area and that the new program hopes to build upon that basis, while recognizing that strictly limited small-group In a special meeting requested by newly-elected SBA President Rosemary Gerasia Roberts, the Student Bar Association allocated electives are the preferable way of teaching writing. While the Moot CourtBoard was thought to be $418.50 for a recently-recognized group, the Women's Prison Project, amenable to assuming major teaching functions, the to send two representatives to an I nternational Women's Day new program envisions more intensive critiquing of Conference at Stanford University last week. When Gay Law Students the moot court brief and greater faculty supervision submitted a similar request for that Convention, however, the directors than presently characterize the Desmond denied that group an allocation. Competition. In teres ted first-year students, The meeting, chaired by Ist Vice Pres. Cindy Falk, in the absence estimated as between 160 and 200, would be divided of Ms. Gerasia, was a continuation of the debate begun in SBA the into groups of eight to ten assigned to a Moot Court week before as to the propriety of the Women's Prison Project request. Board member, who will correct their papers and The earlier meeting had been> terminated for lack of a quorum, meet individually with each student for consultation. faculty. resulting in Prison Project representatives charging that some SBA Each student will produce a legal memorandum and directors were attempting to sabotage discussionof their request. Both Professors Howard Mann and Louis Swartz a brief, before arguing a case orally in front of a With a quorum present for the special meeting, heated discussion panel consisting of a faculty memberand two Board feared that the new writing program would interfere resumed, focusing on both the convention allocation and charges that with the academic freedom of the faculty to SBA was "hiding" budget surpluses. Former Treasurer Ed Zagajeski, members. Administration of the program would be the determine how seminars should be taught. Swartz denying the existence of hidden surpluses, explained, theprocesses for also was concerned that large numbers of students collection of fee receipts and the monies presently available for special responsibility of either a half-load faculty member or a teaching fellow. Students participating in the moot would drain faculty manpower with requests for allocations. Women's Prison Project, a local group recognized by SBA two court option would receive 2 credits and be required independent study, while Mann objected that the to take four additional courses during the semester. new program would undertake to teach too many months ago, was questioned as to how a local organization could have skills once. at Moot Court Board members would be compensated a national convention in California. Representatives of the Project Professor Wade Newhouse disagreed with these explained that while the Stanford conference was not actually a with either stipends or credit. As an option to the moot court exercise, the observations, however, stating his feelings that the national convention for the group, it did offer several workshops remaining students could chooseamong a number of new proposal provided options to existing programs dealing with the group's interest, women in prison. small-group electives, limited to 15 or 18 students that were either too inflexible to meet student When the SBA directors approved the Project's convention each, for training in legal writing along the lines of demand or else lacked adequate faculty allocation by a vote of 7 to 2, representatives of the Gay Law Students the current small-group elective program. Students commitment. "The new program reaches a presented their own request for funding to attend the Stanford selecting this option would receive 4 credits and compromise," he said, "between the heavy conference. Against protests from some directors that a special hence would concurrently carry only three manpower demands of small groups and seminars, meeting is empowered to deal only with the items on its agenda, and the need to teach legal writing." additional courses. Chairperson Cindy Falk ruled that the Gay Law Students could Professor Katz rejoined that the "new nonetheless present their request at the special meeting. In the belief that training in legal writing should not end with the first-year, the third component of requirement is apparently not to be taken seriously" Though no challenge was made to the Chair's ruling, the the APPC's proposal would require the completion because, as had been the experience last year, the subsequent vote of the directors denied the Gay Law Students' of a substantial upperclass writing requirement only ones expected to teach the writing courses were convention request by 4 to 2, with 5 abstentiprjs. sometime in second- or third-year. The writing the young, non-tenured faculty. "It is a low-class requirement, which would incorporate the current priority for the school," he concluded, "a shoddy seminar requirement, would entail a written product program ... for those low on the totem-pole." of between 35 and 50 pages, rewritten after initial Professor Thorne McCarty feareti that the moot correction by a faculty member, which could take court option would become "a joke" and tend to the form of a law review-type article, a major supplant the small-group electives, whichhe favored, legislative drafting, a piece of fieldresearch, or some due to greater student popularity. After the library research component of the other such paper written for a seminar or program was passed unanimously by the faculty, independent study. Professors Ken Joyce and John Schlegel, Prof. Joyce noted that a defeat of the writing representing the APPC, introduced the proposal to component would bring about the possibility of no the faculty with a request for initial approval, program at all next spring, due to insufficient faculty whereupon the APPC would return later with manpower to continue the present small-group specific mechanisms for implementing the program. elective program. The ■ writing requirement, Opposition to major components of the containing the two options, then passed in the proposal arose shortly, however, when Professor Al ensuing vote by a margin of 13 to 7. A motion to Katz opined that Moot Court students were not reconsider it, on account of the slim margin, was qualified to do such teaching and that the upperclass defeated. writing requirement was "unrealistic." Law Review Professor Bill Greiner then moved to postpone students,Katz said, "produce vacuous and irrelevant action indefinitely on the third component, the notes for that journal, and Moot Court hasn't upperclass writing requirement, since he felt the succeeded in doing what it's supposed to do either.." faculty should have more specifics on it. With the He was, therefore, opposed in principle to delegating passing of that motion, the faculty completed action the teaching of a writing program to students. on a research and writing program for next year, Professor Adolf Hornburger expressed though APPC is now expected to return to the 1975-76 Executive Officers: (Ist Row) Sec. Cliff Salomon, Pres. agreement with Katz that the upperclass writing faculty later this spring for approval of the program's Rosemary Gerasia Roberts, 2nd V.P. |. Glenn Davis. (2nd Row) Ist requirement left no time for the faculty to grade two mechanics. V.P. Cynthia Falk, Parliamentarian ). Michael Kilburn, Treas. Cathy amount of training satisfactory The New SBA Novack. 1st Year Directors: 2nd Year Directors: . Ist Year SBA Directors (Ist Row) Bob Waters, Daniel Golden, Mark Zehler, (2nd Row) ~,,,,, HarveyKamhsW,Leslie. K<tschnißri KierstinShimm«l,..,,v ; ... ~: Kowjlarrylyifckler, loseSosa. :i;+»vft,,,;" .. ~,.«>;, ,- Photos, by ZulKh �March 27. 197S OPINION 5 Federal Tax Z: Banks' High Grades -funds borrowed from time Turn of continued from page 3 depositors at 5 percent, it earns a tax reduction of $2,400. The nonbank investor, however would earn nothing. Even without its tax advantages, profit-motivated banks wouldhave no doubt embraced equipment leasing as a potentially profitable mode of operations during the expansion-minded sixties. The simple reason is that leasing represents a rational and flexible means of paying for an equipment purchase. In addition, leasing may convey tax benefits to both the lessor and the lessee. As a purchaser of new equipment, the lessor is allowed a tax credit, presently equal to 7 percent of the value of the equipment. In addition, the. lessor can take advantage of accelerated depreciation allowances, which defer tax payments to some future period. Although the liability will eventually be incurred, accelerated depreciation nonetheless yields benefits, since the funds "saved" by avoiding taxes today can be invested in interest-yielding assets. Lessee Benefits The lessee likewise can benefit from the lease arrangement if he himself is unable to capture the tax advantages accruing to the acquisition of capital assets. The lessor can capture the tax benefit and pass the gain on to the lessee in the form of lower rental costs. In a sense, the lessee "sells" some of his tax advantage to the lessor, a process termed depreciation trading. For example, in the mid-sixties, many airlines suffering losses had unused tax losses to carry forward on theirbooks. Consequently, they could not take advantage of tax credits and accelerated depreciation available from new aircraft purchases. By leasing the aircraft, banks were able to take the tax write-offs for htemselves and provide financing for the airlines at better terms than they could get by borrowing or issuing new debt. Further benefits may accrue to the lessee when banks are able to traffic in heavy equipment markets at lower per unit costs than the firms in the industry themselves because of the considerable size of bank purchases. . 'PjrectLease; Banta~havel)een"invoive<fTn lease ffharfCing for*several decades, but until 1963 were legally limited to "indirect leasing" which conveys no direct tax benefits. Such activities consisted, for example, of loans to lessors for the purchase of equipment or financing leases offered directly by manufacturers. "Directlease" financing was spawned in 1963 when the Comptroller of the Currency ruled it a permissible activity for national banks to purchase and lease out equipment; it has grown enormously in the intervening period. Today, state-chartered banks are empowered to engage in direct leasing in 41 of the > likewise 50 (but no data are published for state-bank states yet activity). In addition, the Federal Reserve Board has included equipment leasing as a permissible activity for subsidiaries of bank holding companies. Among the 50 largest commercial banks in the U.S., 47 are engaged in equipment leasing either directly or through holding companyaffiliates, reducing taxes by $58 million in fiscal 1971. During thelast decade, the foreign lending activities of U.S. commercial banks flourished at a pace thrice that of their domestic lending. However, the geographic locus of bank lending to foreign citizens and corporations shifted abruptly in the middle sixties from domestic to foreign soil, and bank taxes were consequently affected. Much like the effect of expanded leasing operations, this substantial extension of foreign activities has diminished the domestic tax burden of commercial banks. While domestic corporations are in principle taxed on their worldwide income, corporations are allowed a tax credit for payment of taxes to foreign governments of countries in which they operate. This.credit, which results in a dollar-for-dollar reduction in U.S. taxes, is designed to help corporations avoid the double taxation which would occur if both the U.S. and the host country should levy a tax on income earned in the latter. Thus, the foreign tax credit serves to reduce domestic tax liabilities forbanks operating overseas relative to banks operating only in the U.S. What is lost to the U.S. Treasury, however, ends up in the foreign taxman's pocket. (Note: In addition, foreign subsidiaries of U.S. corporations are not subject to U.S. taxation until repatriated by the parent corporation. This tax break, of $325 million in 1972, is much the same as accelerated depreciation, which gives corporations the benefit of a tax-free loan.) From fiscal year 1967 to'fiscal year 1971, foreign tax credits claimed by banks have more than tripled. These /credits are predominantly, taken by the largestbanks, with over 98 percent of the credits claimed in fiscal 1970 accruing to banks wiht assets over $100 million. These foreign tax credits, which are considerably larger than' investment tax credits, represent the dominant factor accountinf for the declining domestic tax rates at very large banks in the wake of the Tax Reform Act of 1969. In fact, the proportion of total industry foreign tax credits claimed by commercial banks has doubled from 2 to 4 percent over the period from tax year 1967 to tax year 1971. theScrew by lan OeWaal Please note that whenever student mail is received by the Law School, it is tacked up on the bulletin board in the first floor student lounge. There are a number of letters that have been on the board for quite a while now, and you might want to stop by and check if there is any correspondence for you or a friend.. The summer school schedule has now been posted on the Registrar's bulletin board on the third floor. Registration for summer school will commence on May Ist, at which time the Fall 75 schedule will be available. Complete registration material for the Fall semester should be available before summer vacation. ( Scholar Incentive and State University Scholarship awards may be used during the summer session provided that you enroll for at least two courses (the equivalent of a full-time load). Application is made for summer awards at the same time that application is made for Fall/Spring 1975-76 awards. These applications will be available in June, barring legislative amendments to the program. There will be a box on the form to check for Summer'7s. However, you will have to lay out the tuition and fees, since the summer awards are not made until after the regular year's awards have been decided upon. At that time, you can apply for a refund. Pleaseremember you are limited to four years of graduate study under the Scholar Incentive program. The Spring '75 examination schedule should now be posted. Please note that rules for changing the date ef? examinations are listed on page 20 of the Student Handbook. Rules for the taking of an examination which was missed for an allowable excuse are listed on page 21 of the Handbook. Finally, if you have completed Form UB and have in the PCS or SFS form, please check with the Office of Financial Aid to confirm that all required forms have been received by that office. The office is located in 312 sent Stockton Kimball Towerand can be reached at 831-3274. BLP: Growth & Strengthening According to its outgoing directors, this has been a year of great growth and strengthening for the Buffalo Legislation Project. Currently, there are 31 students working on nine projects. In order to accommodate the increase in projects and participants, the membership has elected six directors to replace the outgoing board of three directors- and created the new position of Project Manager. J an Rosa, Ben Idziak, and P.ini Heilman are now past directors. Mitchell Wilensky is the new Project Manager. He will be responsible for soliciting projects and students, and overseeing the day-to-day functioning of the Project. The other new directors are Martin Krutzel, Terry Centner, John McGilliard, Ira Wiener, and Alvin Schein. They will primarily be responsible for editorial matters. They will be supervising the research and writing for each project. The nine projects which are currently being v ndertaken cover a variety of substantive areas. Four students, Bette Gould, Ronald Wainrib, Lynn Mitchell and Mitchell Wilenski, are studying the various possibilities for the reform and/or repeal of the state statutes dealing with juveniles under sixteen who are in need of supervision (PINS). The students have been assisted by Professer Blumberg. Their project is being done for New York State Senator Tauriello from, Buffalo. ...■• w . Raymond Bowie and Donald Shonn have been working with members of the New York State Tax Commission exploring the possibility of establishing a New York State Tax Appeals Board. Richard Gtick, Ingrid Hansen, Alvin Schein and Marty Krutzel are working with severas state legislators through Professor Herman Schwartz on corrections State. Professor Goldstein has helped them focus their research. The project is being prepared for the Office of the State Senate Majority Leader, Warren Anderson. Warren Gleicher and Larry Scancarelli have been working for State Assemblyman Hoyt of Buffalo analyzing the possibility of providing property tax exemptions for handicapped citizens. Professor Greiner has helped them with their research. legislation. Four students, Morgan Seeley, Daniel Six students have been working with Horowitz, Charles Dold and Clark Lackert, the new Erie County Department of have been working with Professor Boyer on Environmental Quality under the supervision of the County Attorney's Office. Terry Centner and Richard Ross are reviewing the proposed regulations for air pollution control. Jed Macy and Charles continued from page I Chehebar are helping to develop the Directing his comments to the largely regulations for water pollution control. Larry Stevens and David Stever are writing law student audience, Kunstler related the lawyer's role in the changing of the legal new subdivisionregulations. system. He mentioned the fact that many Four students, Bari Schulman, Ronald revolutionaries were lawyers, possibly Eskin, Alan Lich tenstein and John because "lawyers are close enough to see McGilliard, are working for the State gears meshing and some can't stand to Senate Judiciary Committee investigating see flesh in those gears," Kunstler said. He the present judicial disposition of offenders also pointed out the contradictions in the who are 16 to 18 years of. age. It is hoped law, "the gaps between reality and myth." that their findings will provide the basis for reforming the present procedures. Professors Rosenberg, Louis Swartz and Rolereevaluates Kunstler advised law students to Birzon have been serving as consultants. Ira Wiesner, Tom Collins and John reevaluate the lawyer's role today and Milter have been working on codifying a asked them to consider basic facts warfirity of habitabillty for New York "don't worry about accelerated incomes," - a request from Congressman Jack Kemp for certain privacy legislation. John Factor arid Daniel Deutsch are responding to two requests from State Senator Eckert of Rochester. They are examining the statutory duties of the town supervisor and exploring the possibility of providing a state-funded, non-partisan ballot pamphlet. This pamphlet would go to every registered voter prior to a state election and would describe referendum issues and the qualifications of the candidates. Kunstler Urges Changes - - he said. "In the long run it really doesn't matter a whit when the coffin closes." He also said that thereshould be "some - goal other than self-interest there must be some way of practicing so you don't scramble over backs of people." As alternative modes of practicing law, he suggested law communes and changing of life styles. In his closing remarks, Kunstler told his audience that "most of you are already corrupted by the environment, you won't be able to break the chains. But some will be able to, there are some and when they cease, we cease." — �6 OPINION March 27,1975 Maybe If There Only Weren't So Much Apathy... �March 27,1975 OPINION 7 *■ ' , \ . ■ ■ These Pages Wouldn't Be So Blank. Get the Idea? Opinion Could Use Your Contributions! �Buffalo Finishes 2nd In Jessup Competition For the third consecutive year, a Buffalo Moot Court team finished as runner-up in the. Northeastern round of the Philip C. Jessup International Law Competition, held March 14 and 15 at Syracuse University. Buffalo was edged out only by Syracuse Law School. The Buffalo team, consisting of Mark Hellerer, Ray Bowie, and Gene Reibstein, also won an award for second best memorial .(brief) in the annual competition. Syracuse, the home team, also finished first in thebrief and oralist categories, emerging ahead of six other teams in overall scores. Teams from Buffalo Law School p Iaced second in the regional Jessup rounds in 1973, when Syracuse previously won at home, and in 1974, when the Cornell team won at Cornell University. The Jessup Competition problem this year involved a conflict between a developed nation and underdeveloped nation over the uses of a common watercourse, which the former nation alleged vas being polluted by the latter in March 27; 1975 OPINION 8 - Zaetsch Moot Court Jessup Team: Ray Bowie, Gene Reibstein, Mark Hellerer violation of both a bilateral treaty and customary international law. Both international law and environmental concepts were argued in the competition. In the regional rounds, the Buffalo team defeated Maine, Albany, and Cornell before losing by only one point to Harvard. Buffalo's overall scores, however, were bettered only by those of the Syracuse team, which went undefeated in its four rounds. Maine placed third; Harvard, fourth; Suffolk University, fifth; Cornell, sixth; and Albany, seventh. Buffalo Represented on Moot Ct. Bd. ofAmerica In response to Justice Warren Bugerr's criticism of the quality of appellate advocacy in the federal courts, the Moot Court Board of Capital University School of Law in Columbus, Ohio, sponsored the National Moot Court Workshop and Convention February 28 through March 2. The thirty-five law schools from around the country (including Buffalo) who accepted invitations formed the Association of Moot Courts, a national organization whose initial charter was ratified. The organization is open to all law schools in the United States, Canada and Mexico. Representing Buffalo's law school were Carlton Howard and Sanford Presant. Mr. Presant was elected to the Association's firstBoard of Governors and will serve as Associate Justice of The Moot Court Board of America for the following year. Mr. Presant and Mr. Howard hope to secure more competitions for Buffalo in the coming year, thus enabling Buffalo to expand its Moot Court program and select an increased number of students for membership on Buffalo's Moot Court Board. Tax exempt status sought The Association is currently seeking tax exempt status frpm the Internal Revenue Service in an attempt to secure sorely needed funding from national bar associations and other interested organizations. It plans a yearly national convention and workshops, an international competition exchange, a national problem exchange for its members, keynote speakers, and counselling for law schools throughout the continent in an attempt to bolster the quality and scope of Moot Court and thereby increase the quality of appellate advocacy in our courts. The Association elected its first Board of Governors from thoseschools in attendance. Elected the Moot Court Board of America, the Governing to Body, were: Chief Justice Mark E. Hayes, Capital University School ofLaw; Associate Justices Sanford C. Presant, SUNY at Buffalo Schoolof Law; Allan J. Fedor, Akron; Jane A. McFaddin, South Carolina; Don Wilson, Wayne State; Jack Welch, Western New England School of Law; Marye L. Wright, West Virginia; Garth Chandler, Brigham Young; and Clerk of Courts, Dick Beyer, Wake Forest.. by Dave Geringer Recently, Buffalo hockey coach Ed Wright was rumored to be a possible successor to Brad Houston at Colgate University. The Red Raiders, a perennial Division tailender, fired Houston recently, while Colgate athletic director Bob Deming, formerly Assistant AD at Buffalo and a good friend of Wright's said that Wright would receive active consideration if he decided to hire a Division II coach to replace Houston. Wright's resignation would complete the termination of the Bulls' dream of a Division I! championship, fostered three years ago when Buffalo upset first-seeded Vermont en route to a second-place finish in the playoffs. The Bulls had just upgraded their program from club to varsity status when Wright, a graduate of Boston University's championship team, was brought in to take the reins. After a season in the Finger Lakes League, Buffalo narrowly missed the playoffs in their first year of ECAC Division 11 competition. Spurred by efforts of players playing I above their abilities, the Bulls advanced to the final round of ECAC playoffs. The efforts were aided by the frustration of playing for a club hockey team for several years, followed by a successful season in the Bulls' second year of varsity competition and a snub by the ECAC playoff committee. Buffalo's squad was composed almost entirely of Canadians who had been admitted under the State UniVeristy system's old tuition waiver policy, in which any foreign student was granted a tuition waiver. The demise of the Bulls began with the drastic reduction of full tuition waivers granted by the SUNY system. Foreign student tuition waivers were, for the most part, eliminated, along with most of the Canadian players enrolling at Buffalo. As far as the hockey program was concerned, no adequate substitute for that program has been found, though the continued issuance of tuitionwaivers to all foreign students cannot be defended here. Wright sought to remedy the deficiency by replacing the Canadians with the best players from the Buffalo area, whilerecruiting a limited number of Canadians (two annually) through a tuition scholarship program. However, the outstanding local talent ended up at schools offering scholarships, while the players that the Bulls featured on their rosters were generally inadequate. The downfall of the Buffalo squad paralleled the rise of some of their opponents. The Bulls split a close four-game series with Western Michigan a year ago, while this season, Buffalo wasjsoundly trounced twice by the Broncos dt hdme. Ithaca; Which freq'ueHtly lest fo the Bulls by lopsided scores, lambasted Buffalo this year at,home, white losing by a goal and tying the Bulls at Holiday Twin Rinks. Hamilton College, another perennial Bull victim, defeated Buffalo this year in a contest which saw them take 61 shots at the Bull net, while Buffalo also dropped home contests to a weak ATC team and to traditionalrival Os.wego (twice). The chances of the Bulls repeating their success story of several years ago can roughly be likened to that of a snowball in hell. The possible departure of Ed Wrightis a symbol of Buffalo's frustration in seeking to repeat what is now an impossible dream. Sub-BoardSnarls Revealed to SBA Complaints from unpaid creditors of SBA organizationsearly this semester prompted an SBA inquiry to Sub-Board which revealed,, according to outgoing SBA President Don Lohr, that no vouchers were processed by Sub-Board during the entire month of January due to the illness of a key person in that office. The illness of Florence Henry, Sub-Board's head bookkeeper, prevented checks from being written by Sub-Board early in the semester and payments to SBA creditors were delayed a full month. According to Mr. Lohr, Sub-Board's directors "simply let things sit for a month." Sub-Board is SBA's agent for the custody and disbursement of law student activity fees. Mr. Lohr expressed dissatisfaction with other areas of Sub-Board operations during his term as SBA President. Sub-Board has, he indicated, at times overdrawn, the checking account it keeps for all student governments, this occurring when, despite SBA's solvency, other student governments have been allowed to expend more than they have been allocated. Despite prompt SBA processing of vouchers, Lohr stated, often Sub-Board would have to defer writing the checks due to these "(jash flow problems." In fact, SBA's vouchers would sometimes remain unprocessed, following these cash flow periods, while Sub-Board payroll checks were given first priority to available funds. Mr. Lohr complained also that Sub-Board's computer print-outs of SBA's available budget lines would be useless since new lines and transferred amounts were rarely reflected. SBA could obtain this information only from Sub-Board's bookkeepers, whose information was accurate. Honored (I. to r.): Mrs. John E. Leach, M. Robert Koren, Hon. Sebastian |. Bellomo, Robert W. Grimm Lohr cited another incident where Sub-Board, while undergoing Grace Marie Ange responsible for arrangements and an audit, apparently lost some REP forms relating to SBA vouchers. Hon. Samuel L. Green responsible for publicity. When SBA inquired into the whereabouts of theserecords, Sub-Board Awards recipients were selected by a committee could only reply that "if we don't have them, you (SBA] should." composed of Hon. M. Dolores Denman, Harold ]. If these revelations had not occurred so late in his term as SBA Brand, Everett M. Barlow, and Hon. Rudolf U. President, Lohr concluded, he would have sought to investigate possible budgetary autonomy for SBA from Sub-Board. Johnson. Law Alumni Bestow Awards Four Distinguished Alumni Awards were presented by the Law Alumni Association at its 13th Annual Dinner last Friday at the Buffalo Athletic Club. Each year at the annual spring event, the purpose of which is to raise funds for special Law School projects, the Alumni Associaiton bestows awards for outstanding service to the judiciary, in public service, and in private practice. Recipients this year were Hon. Sebastian J. Bellomo, former Chief judge of City Court and presently Court of Claims Judge; Robert W. Grimm, who served the public as County Clerkuntil this year; and M. RobertKoren, a private practitioner and former president of the Erie County Bar Association. The Association presented a Special Posthumous Award to Mrs. John E. Leach, who.accepted it for her husband, the Vice President of the New York State Bar Association and a past ECBA president. Mr. Leach died last July 10. Hon Rudolf U. Johnson, Association President, served as Toastmaster for the event, which was organized by Harold J. Brand, Jr. as Chairman, with Sudden death Zaetsch � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-03-27 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/27/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/bef8cea62651a8dcbe4e54e6d8f33ce2.pdf 5481b9116d0bac1014641f44d51bfe63 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 15, Number 9 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School ofLaw March 6,1975 Misunderstanding Claimed Gerasia Ticket In Flynn Controversy Sweeps Election by Ray Bowie number of job vacancies and advertise them together, delays reIn a recent report to the Stud- sulted in getting the advertisement Bar Provost RichAssociation, ent ■ into print. Accordingly, said the ard Schwartz discussed the events; Provost, the placement directorsurrounding the placement con- ship ad was not run in the Times troversy from the administration's I until December 22. perspective. Events then moved at such a Noting wide student dissatis- rapid pace, revealed Schwartz, faction with the lack of consulta- ■ that Mr. Fleming was unable to tion afforded students in his contact students quickly enough attempted appointment of a new to allow them to participate in an placement director in January, expedited interviewing schedule Provost Schwartz cited a "mis- necessitated by Gov. Carey's anunderstanding of events leading to nouncement of a State hiring the situation." freeze effective as of January.B. By Dec. 22, when the ad was run, For two years, he explained, classes were already out of sesthe Law School had attempted to sion, he explained, and Fleming secure an administrative line fora had been urged only to beat the placement director. As variousi hiring freeze, with Dec. 31 set as sonnel Office refused to accept offices within and without the the deadline for applications. Mr. Flynn's qualifications as adeUniversity resisted a separate Mr. Fleming, Provost Schwartz quate equivalents for the original. placement facility for the School, added, had expected to include Schwartz informed SBA that the best that could be obtained student participation in the inter- the search would have to be relast year was the use of a faculty views which followed, "but the opened now and pladged to inline for partial placementand par- freeze impelled quick action at a clude both students and alumni tial teaching functions, which line time when the students were un- on the search committee. While has been occupied by Ms. Pat available." the PR-3 salary range will be Hollander. maintained, he told Opinion that Acting alone, Fleming used the hte job qualifications have now With the freeing this fall of the administrative line formerly occu- job qualifications to select two been revised, in consultation with pied by the Assistant Dean for out of the 38 applicants foractual the student placement committee, Student Affairs, Provost Schwartz interviews. Four former or present to include three years experience said that a possibility opened to Presidents of the Law Alumni in either legal practice, executive reclassify that line for use by a Association were then invited, ac- placement, or administration. Hoping that the hiring freeze full-time placement director. cording to Schwartz, to interview Since the line had a salary ranking; the two candidates, the Adminis- may lift somewhat later this of PR-3, paying between $18,000 tration inviting them to do so in spring, leaving the University with and $22,000, the administration the belief that alumni input might some discretion as to new hiring, felt that it would be attractive be a good test of how employers Provost Schwartz added that he enough to secure the services of a might react to a placement direct- hopes to schedule interviews of lawyer with contacts in the pro- or. The four Hon. Rudolph candidates in the last two weeks fession, who would then be able Johnson, Hon. M. Dolores Den- of April. The SBA has been asked to serve as the School's "outside" man, M. Robert Koren, and Harto provide 50% of the total adverplacement officer. old Brand advised against both tisement and travel expenses conThe Law School, Provost of the two candidates on January nected with the search, totalling Schwartz continued, tried to re- 3, concerned that neither would aboutslsoo. classify the PR-3 line from stud- make the right impression upon ent affairs to placement and a var- employers. iety of other administrative funcI m mediately thereafter, Protions. The reclassification was ac- vost Schwartz said that local recomplished later in the fall, and commendations led to William Assoc. Dean Fleming assumed re- Flynn, a 1974 graduate, being sponsibility for chairing the search interviewed as a candidate. Folcommittee for candidates in No- lowing an interview by the alumni vember. Due to the PR-3 salary presidents' committee and favorrange of the line, strict qualifica- able reactions, Schwartz stated by Louise Tarantino tions, the Provost told SBA, were that he offered the job to Flynn necessary to justify the use of the on January 7, the day before Michael Davidson, visiting assoline for placement and related Carey's freeze after two other ciate professor at this law school, functions, these being established prospects had declined to be con- has recently been appointed to the Governor's Task Force on as two years of legal practice and sidered. The offer ran into trouble, the Housing, an advisory committee one yearof administrative experiJanuary designed Provost later admitted, in to assist Governor Carey. ence. The difficulties began, when the University blocked Schwartz related, when the Flynn's appointment for failure to Chaired by former Secretary of School first sought to advertise meet the original job qualifica- Housing and Development Robert laid tions. Schwartz toldSBA the opening. Plans had been Provost Weaver, the committee was creatto place advertisements for the that he had made "a mistake" in ed to consider and research stateplacement directorship in the equating Mr. Flynn's clerkship ex- wide housing problems, including local newspapers, The New York periences and Law Review editor- the state of New York's Urban Times, and several legal journals. ship with the three years of prac- Development Corporation, abandHowever, since the University Ad- tice and administration required onment and rehabilitation, rent ministration desired to collect a for the job. The University's Pec- control, building codes and co- , * , : : — — The "Get Involved" ticket, headed by presidential candidate Rosemary Gerasia, scored a clean sweep in last week's SBA elections. Ms. Gerasia defeated Ray Bowie for the SBA Presidency, 232-142. Cynthia Falk was elected Ist Vice President by a 152-120 margin over Scott Alcock, with Michael Kilburn third with 88 votes. Glenn Davis was victorious over Paul Edgette in the contest for 2nd Vice President, 178-142. Cliff Solomon edged Carol Baron in the race for SBA Secretary, 176-167, while Cathy Novak swamped Eric Zaetsch in the Treasurer's contest, 211-138. Six second year directors were also elected. Ralph Chervenak, Brent Wilson, Warren Gleicher, Jose Sosa and Margaret Wong, who were on the ballot, as well as Larry Meckler, who wasn't, were elected. The contest for first year directors was marred by the omission of two of the candidates' names from the ballot, and will have to be held again at a later date. Hodgson Calls for Guardianship . "The only way to protect the Rights to be protected legal rights of the mentally "Thr rights of the retarded retarded is through guardianship," which must be protected are those commented Robert J Hodgson which are established for all before about twenty studentsand persons, by constitutional, case faculty on Monday, February 24. and statutory law," stated Mr. Mr. Hodgson, a lawyer, is Hodgson. He mentioned these as director of the New York State the rights of due process, privacy, Association for Retarded Children. In that capacity, he explained that he is particularly concerned with the 'legal* rights of retarded persons, as opposed to whar are broadly termed "Idealized social rights" that are often claimed on behalf of the retarded. Furthermore, Mr. Hodgson indicated that when he speaks of 'rights, he is not referring to "the debatable right to life of the unborn retarded." Knowledge of the potential mental ability of the unborn is becoming increasingly more available with the development of pre-natal testing devices. , counsel, and no enforced labor, among others. Mr. Hodgson commented that unfortunately the right to vote is often "taken advantage of by some of the institutions," adding, "sometimes you wonder just who is pushing thebutton." The major area of conflict for the retarded is that theyare often presumed competent at the age of 18,unless a guardian is assigned to them. At that age, they are simply "dumped out of the state institutions," according to Mr. Hodgson. That is the crucial time when a law guardian should be assigned. - continued on page4 Davidson Appointed To Task Force , , ordination of the State's housing and enforcement facilities similar to those available in New York Davidson is involved in a sub- City/ 1 including special legislation committee on abandonment and for housing. Davidson also supports the rehabilitation. Prior to this term, Mr. David- "uniform applicability" of this son directed an office in New legislation statewide, rather than York City's Housing and Develop- its being limited to the New York ment administration which repre- City area. sented the City in Housing Court The task force, which is made and enforced housing codes and up of six sub-committees, is expected to make its preliminary rent control regulations. Prof. Davidson expressed an in- recommendations in early March. terest in the effect of the Task Davidson currently teaches a Force Committee Report on first-year small group elective on Racial Buffalo's housing situation. He and Economic Discriminasupported the "desirability of tion in the Location of Low Inauthorizing Buffalo the resources come Housing. agencies. �March 6,1975 OPINION 2 Editorials Change the Vacation An interesting aspect of the policy of this University regarding vacations has been the curious practice of scheduling the Easter vacation during the early part of March. While the reasons for this strange policy are apparently shrouded in mystery, we believe that the schedule should be changed in future years. The spring vacation should be returned to the traditional period at the end of March, thus encompassing both Passover and Easter much of the time and allowing students time off to celebrate the holidays. This would be another step towards improving the entire law school calendar if adopted in conjunction with the proposed "early" calendar. A Move Forward Recently, Professor Al Katz rendered a service to the law school community by offering several lectures on the subject of federal jurisdiction. The sessions were well attended and informative. We think that it would be an excellent idea if some other faculty members would find the time to deliver a few lectures about a topic in which they are particularly well-versed. Mr. Katz' example, if followed, would open up a new field which would benefit the law school community as a whole. President' s Corner by Don Lohr Although this column will serve as a farewell, I sincerely hope that it will mark the beginning of a new era for the Student Bar Association in which the underdevelopedpotential inherent in that body begins to be exploited. To thatend, I propose the following recommendations, based upon considerable experience. As to organization, the SBA Constitution should be completely revised so as to provide for, among other things, a Student Judiciary. The need for such a forum was obvious in connection with the Opinion election dispute. In addition, I firmly believe that the Second Vice Presidency should be eliminated and the function of liaison with the University should devolve upon a triumvirate of directors. Furthermore, the total number of directors should be reduced from six to threeper class. Finally, in order to insure to a greater extent that students are effectively represented on faculty committees, each director should be obligated to sit on a faculty/ student committee. Regarding functions, I would recommend earmarking a substantial part, perhaps as much as seventy-five percent pf the.entiic budget, for use in connection with the establishment and operation of a full-time professional placementseryice. , .■ . I would strongly advise against the funding this taw school was hosting such convention, simply because the benefits which accrue to the students at large and arguably to the particular organization involved are minimal or outweighed by the countervailing costs. Additionally, I believe that the reinstitution of the Professor of the Year Award, to be awarded on the basis and in recognition of faculty/student relations. These recommendations are intention of improving the Student Bar Association and thereby redounding to the benefit of students and the law school. put forth with the Alumni Honored The Law Alumni Association has announced the recipients of its J. Bellomo for Judicial Service; Robert W. Grimm for Public Service; M. Robert Koren for Private Practice; and John E. Leach for a Special Posthumous Award. Outstanding Alumni Awards: Hon. Sebastian The awards will be presented to the honorees or their representatives at the Alumni Association's Annual Dinner Friday, March 21, at the Buffalo Athletic Club. The dinner, an annual fund-raising event, is being organized this year by Harold J. Brand, Jr., from whom tickets are available at $15 per ticket and $10 per escort ($25 per couple). Attendance at the festivities, which begin at'6p.m., is not limited exclusively to alumni. Spouses, guests, and members of the legal community are also encouraged to attend. Tickets have been sent to those on a mailing list, and returns for tickets that have been sold should be made no later than March 14. Ticket purchasers are asked to advise if an individual, a firm, or an organization desires to reserve a table (10 per table), or if anyone wishes to purchase a ticket to be given to a law student in the name of that lawyer or.firm, ~..,,.,. •j, ,.v, sl ;,'.,-... >~j. M LOST y BRAIDED WEDDING RING: Calf Bob at generousreward no questions asked. — of conventions, unless Turn of the Screw outstanding professional, scholarly and teaching contributions by a faculty member would be worthwhile in helping to promote better 688-6140, Letters to the Editor by lan DeWaal There are still a number of class cards waiting to be picked up at the Registrar's office. Please do so immediately in order to check your registration. If you are not registered for the courses you requested please see Mr. Wallin. Students will not be permitted to Kke final examinations in courses for which they are not officially registered. Please be advised that early start/early stop calendar is still being considered for next year. If you wish to express an opinion on this proposal, please address your comments to the Budget and Program Review Committee as soon as possible. Under alternate proposals, classes would start either the day after Labor Day, or the weekbefore. The Veterans' Day and Columbus Day holidays would be eliminated under one plan, with finals being held up to two days before Christmas. Both proposals envision finals being held before the Christmas recess. There has been some confusion over Scholar Incentive awards. Applications for the current year will be accepted no later than May 15, 1975. Applications for the next school year will be available in June, 1975. Students who plan to attend summer school are eligible for Scholar Incentive awards and State University Scholarships provided that they are enrolled for at least two courses. Applications should be made at the same time that you apply for the 1975-76 school year by checking the box labeled summer, 1975. Remember that your eligibility for Scholar Incentive assistance is limited to eight semesters of graduate study. However, you may still be eligible for a State University Scholarship after your eligibility for Scholar Incentive is exhausted. If you are applying for a New York Higher Education Assistance Corporation (NYHEAC) loan for next year, you should plan to submit an application early in June in order to insure that your check is available in the fall. Finally, please check with the Financial Aid office to see if the College Scholarship Service has forwarded your Parents' Confidential Statement or Student's Financial Statement and your application is complete. You will save yourself a lot of trouble later if you check on thisnow. ■ ■ To the Editor: While I was much amused by Mr. Chamberlain's column of February 20, "Fish In A Barrel," I also considered it a prime example of Thoreau's concern that for every score of people hacking away at the branches of a problem, there is only one trying to get at the roots. Few would contend that student government should be taken to task when they have failed to keep their promises. However, besides apathy there is a larger problem here. Unlike European, or even several exceptional American centers of higher learning, in law school, there is no part of the student body which effectively spans two generations of law school classes. Consequently there is no nucleus of seasoneddefenders of studentrights who can pass on their legacy, and more important, their tactical experience in having our voicesheard. We all know the ills of student government, only Mr. Chamberlain is able to articulate them more effectively than the rest of us. Certainly an individual who quotes Jonathan Swift and has an appropriate anecdote up his sleeve by an obscure Texas politico is capable of more than just verbal terrorism. Please Jeff, next time get yourself a pitchfork. Abbott Gorin To the Editor: At first glance, the plain stupidity of two current SBA officers endorsing an SBA presidential candidate whose chief slogan is that SBA has been a bad joke overwhelms mere questions of journalistic taste. In the past, Opinion and SBA have been pretty intimate. At times, SBA President [Don] Lohr, ostensibly in his role as an occasional columnist, sat in on meetings at which editorial decisions were made. This practice raises the quesNevertheless, such a question tion of who, if anyone, is going to Should Opinion provide space, en- rake SBA's muck or is SBA closed with black lines, for two only supposed to be criticized at students to make partisan political, election-time, by new candidates? statements endorsing Opinion's If Opinion is to be of any service former (still warm) Editor-in- at all to us, it should be independChief? A: No. leads to an issue ent of SBA politics. which may be worth considering. lohn Stuart - - - I 111111101 Volume 15, Number 9 vj*""w«i March 6,1975 Editor-in-Chief: Dave Geringer Executive Editor: Matthew Leeds Photography Editor: Eric Zaetich Alumni Editor: Earl Carrel Senior Editor: Ray Bowie Feature! Editor: Louise Tarantino Builneu Mana|er: Alan Mantel Staff: JeffChamberlain, lan DeWaal, Gerry Schullz, Howard Rosenhoch OPINION is published every two weeks, except for vacations during the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, |ohn Lord O'Brian Hall SUNYAB, Amherst Campus, Buffalo, New York 14260. The views expressed In this paper an not necessarily those of the Editorial Board or Staff of SPINION. OPINION Is a non-profit organization THlrd Class Postage entered at Buffalo, New Yoi*. Editorial policy of OPINION Is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Uw Fees I#«N —__ '■ �March 6,1975 OPINION 3 END OF THE BAR Review Competition Opens The Buffalo Law Review has announced plans for the selection by Jeff Chamberlain (Said Ito myself-said I). of Associate Editors from the curI'll never assume that a rogue or a thief rent first-year class. An approxim"A lawyer without history or literature is a mechanic." Is a gentleman worthy implicit belief. ate total of thirty new Associates Sir Walter Scott Because his attorney has sent me a brief will be selected. About fifteen of (Said I to myself said I). Perhaps no figure in the world of Gilbert them will be selected on the basis and is more of superior grades and an "acceptfrequently caricatured than is the lawyer. Not Sullivan W.S. surprisingly, And never I'll takework I'm unable to do able" performance in a writing Gilbert, the librettist of the duo, was a practicing (Said I to myself said I). attorney. He was competition. The o'Sm, fifteen educated at the University of London, and became a barrister in 1866. My learned profession I'll never disgrace new Associates will be selected on In his later years, he became a magistrate, a judicial post he occupied By taking a fee with a grin on my face. the basis of superior performance until his death in 1911. Upon his appointment, the high sheriffasked, When haven't I myselfbeen there to attend to the case in the writing competition and "You have, I believe, studied law as a barrister, and have a sound to (Said I). said "acceptable" grades. An "acceptI knowledge of it?" Gilbert replied, "That is so, but hope you will not able" grade record means no more considerit an impediment." I'll never throwdust in a juryman'seyes than one "D" grade for the first The operettas are full of gibes at attorneys. When I recently heard (Said I to myself said I), two semesters' work. HMS Pinafore, was able to see in a new light the famous song of Sir Or hoodwink a judge who is not ever wise All candidates for membership JosephPorter, First Lord of the Admiralty who, youmay (Said I to myself said I) recall, as a are required to submit a formal lad "served a term / as office boy to an attorney's firm," rose through Or assume that the witnesses summoned in force writing sample. This paper is an the ranks to become first a junior and then an articled clerk until In Exchequer, Queen's Bench, Common Pleas, or Divorce, analysis of a recent case. Cases are finally: Have perjured themselves as a matter of course assigned by the Review. (Said I to myself said I). All interested first-year studOf legal knowledge I acquired such a grip ents should register for the comThat they took me into the partnership. other In professions in which men engage petition at the Review offices, And that junior partnership, I ween, (Said I to myself said I), room 60S, before March 7. When Was the only ship that I ever had seen. 'The Army, the Navy, the Church, and the Stage registering, each student will be But thatkind of ship so suited me, (Said I tomyself said I), required to sign a grade release auThat now I am theruler of the Queen's Navee! Professional license, if carried too far, thorization, and to list each grew so rich that was Your chanceof I I snet promotion will certainly mar course that he or she has taken By a pocketborough into Parliament And I fancy the rule might apply to the Bar and is taking. (Said I to myself said I). The writing competition will I always voted at my party's call, And I never thought of thinking for myself at all. run from March 17 through May thought they By Jury, so little Trial But, in rewarded me Gilbert proposes an entirely different approach: 15. Candidates may choose any I By making me the ruler of the Queen's Navee!I date during that period to pick up When I, good friends, was called to the Bar, their case assignment. Completed Gilbert's definition of a lawyer appeared in Utopia, Unlimited in the 'd an appetite fresh and hearty, papers are due ten days after the I person of Sir Bailey Barre, QC, MP: But I was, as many young barristers are, cases are picked up, Sundays and An impecunious party. holidays included. All papers must A complicated gentleman allow me to present, But I soon got tired of third-ciass journeys, be turned in by May 15. Full inOf all the arts and faculties the terse embodiment, And dinnersof bread and water; structions will be included with He's a great Arithmetician who can demonstrate with ease' So I fell in love with a rich attorney's each case assignment. That two and two are three, or five, or anything you please; Elderly, ugly daughter. The Buffalo Law Review is a An eminent logician who can make it clear to you legal periodical which national The rich attorney, he jumped with joy, That black is white when looked at from the proper point of publishes scholarly papers related Andreplied to my fond professions: view; to many areas of law. Associate "You shall reap the reward of your pluck, my boy A marvelous Philologist who'll undertake to show Editors assist the Senior Editors in At the Bailey and Middlesex Sessions." That "yes" is but another and a neater form of "no." the publication of the journal. In ..-.-. "You'll soon get used"to~th"e looks," saidhe, addition, associates are expected "And a very nice girl you'll find her! To which Sir Bailey agrees, and he adds: to write a publishable article durShe may very well pass for forty-three ing their second year. Associates All preconceived ideas on any subject I can spout In the dusk with the light behind her!" who, in the opinion of the Board And demonstrate beyond all possibility of doubt, The rich attorney was as good as his word; of Editors, perform satisfactorily That whether you're an honest man or whether you're a thief The briefs came trooping gaily, are promoted to Senior Editors Depends on whose solicitor has given me my brief. And every day my voice was heard for their third year. Candidates At the Sessions or Ancient Bailey. should be aware that Associate The professional responsibility of a lawyer is summed up by the All thieves who could my fees afford membership on the Review will Lord Chancellor in lolanthe, who says, "I have always kept my duty Relied on my orations, require a considerable outlay of strictly before my eyes, and it is to that fact that my owe And many burglar a I've restored I time and effort. Any questions advancement ot my present distinguished position." He goes on: To his friendsand his relations. about the Review generally, and When I went to the Bar as a very young man the Associate selection process in (Said I to myself said I), Needless to say, upon his achieving success, the hero dumps his ugly particular, should be addressed to I'll work on a new and original plan wife. the staff of the Review room 605. - - I I '. - - - - '' - : "' . ' • - Federal Tax Z One Congressman's Study by Gerry Schultz This column discusses the reform and the effects of the existing tax system, two subjects that receive little or no attention in the many tax courses offered at this school. It is my position that it is equally Important to learn the effects of the law one is dealing with as to learn the law Itself. This school should not merely train legal technicians, as cognizance of the socialand political effects of the law also should be taken. It Is also my position that the federal tax law as It Is now written operates to subsidize rich people and corporations and that this bias should be reversed to favor the non-rich. CORPORATE TAX EVASION, FEDERAL TAX SUBSIDIES Congressman Charles Vanik; using data gathered by the Joint Committee on Internal Revenue Taxation, with the assistance of the General Accounting Office, prepared a report on the approximate federal income tax payments of 16Q of the nation's largest corporations in 1973. He obtained tax data sufficient for analysis from 143 altered to aid small businesses and encourage competition companies. Of these, 10, with total profits of $976 instead of monopoly. 2} Oil companies pay almost no federal corporate million, paid no federalcorporate income tax. Another 20, making 5.28 billion dollars in total profit paid an effective income tax, even in a year in which windfall profits were federal corporate income tax rate of between 1 and 10 beginning to accumulate. Exxon paid 11.2 percent, Mobil percent. These corporations did nothing illegal. They 5.0, Texaco 2.3. simply used a veritable multitude of tax "preferences," 3) Banks are becoming the controlling force in our whichever you prefer. The economy through the accumulation of large, tax-free "subsidies," "loopholes" crucial point is that these loopholes were not formulated profits. Leasing activities actually the selling of tax as a result of olympian deliberation by a neutral impartial benefits are an important strategy most banks follow. They 4) Utilities, which are considered to be in financial presence. are a direct result of corporate power working through government. trouble, already pay almost no taxes. Therefore, the Congressman Vanik found that the statutory proposed extension of additional investment credits to corporate tax rate of 48 percent is a myth. The average utilities may have little or no effect while costing the effective tax rate of the 143 companies was 23.6 percent, taxpayer additionalbillions. — less than half the statutory rate. From 1967 to 1973, corporation income taxes as a share of total federal receipts declined from 22.7 to 14.9 percent. Corporate profits in 1973 were 25 percent higher than in 1972, yet tax payments rose only 10 percent. Of the 143 corporations studied, 8 commercial banks had an effective tax rate of 9.6 percent; 16 transportation corporations, 15.1 percent, 10 utilities, 18.0 percent. From his research the Congressman noted the following trendsand made the following findings: 1) The tax code (the yellow book almost all of us are familiar with) helps big corporations get bigger, since only the larger corporations can take full advantage of the complex of tax subsidies. In short, the tax code encourages conglomerates and monopolies. The tax code should be — — 5) In addition to the low tax rate among utilities and oil companies, the average tax rate of mining companies is far below average only 13.4 percent. This means that despite today's high materials prices, we have been subsidizing the use of minerals and fuels. The cost of these items if they were to bear the same tax rate" as other commodities would be much higher. By the use of subsidies, we have hidden these costs and encourage waste instead of conservation. We have encouraged the development of a throw-away economy instead of an economy that recycles and preserves. 6) Because of variations in accounting procedures, it is still extremely difficult to determine the exact rate of federal corporate tax payment. In other words, clearer reporting requirements should be instituted. - - — — �Safe Energy Act Proposed Sudden death Dave Geringer During the past several years, various members of the Student Assembly have advanced many different proposals to cut the Student Association's allocation to intercollegiate athletics. Some of these attempts have come dangerously close to succeeding. However, thereis a real chance of these groups' succeeding this year m reducing athletic department funding by cutting the number of men's intercollegiate sports funded from eleven to five. The repercussions which would be grave, would be felt by every student on this campus. A reduction in funding intercollegiate sports would almostcertainly lead to partial or total elimination of the proposed Amherst Campus field house, slated for completion in several years. In addition to providing a first class facility, the field house would have a large amount of space which could be used for recreational purposes. In addition, the Amherst Bubble and Clark Hall could both be freed for use as recreational facilities. Students who complain that they can never get a by by Howard Rosenhoch basketball court in Clark Hall, or can not use the other facilities The recent past is all too easily (both legitimate complaints), forgotten by many of us. It wasn't would enjoy a vastly improved recreational program. This would go down the drain if the field house was partially or totally dropped, not an unlikely proposition considering the state of the economy. It will also be easier to justify to the State Bureau of the Budget after the abolition of several sports at Buffalo. In addition, a fairly recent move by the state legislature to ban the mandatory fee was stopped when the legislators realized that sports at all of the State University campuses were funded only by the fee. The abolition of several sports here may change the mind of the elected representatives. The mandatory fee supports almost all of the student activities here, and its elimination would turn the entire SUNY system into a collection of classrooms. Some students may actually favor that concept, but it may be imposed upon all the rest of us if a minority of students representing interest groups in the Student Assembly have their way. Athletic Budget Passed The undergraduate Student Assembly voted last week to fund the athletic department next year at the same rate ($222,000) as it had been funded this year. The SA did pass a proposal that eliminated funding for six minor sports (track, cross-country, golf, fencing, swimming and tennis) but added an "operational" line of $29,000. The department must use $9,000 of thatline to makeup a deficit, but will undoubtedly use the other $20,000 to fund the six sports which the SA had decided to eliminate. Those six sports were funded at $28,000 this year, so cuts iwll have to be made in order to compensate for this discrepancy. Basketball Bulls Victorious Again by Dave Geringer The basketball Bulls won two of their last three contests and improved their season's record to 8-15 in setting the pace forBuffalo's major intercollegiate teams in recent action. The wrestling Bulls lost their final dual meet at Cleveland State before capturing the championship at the New York State Tournament while the hockey Bulls lost their last three games and finished out of the playoffs for the third consecutive season. After gaining the obvious distinction of being the only local college basketball squad to lose to a touring Athletes in Action umiii (78-70), the Bulls rebounded to trounce Rochester, 81-62, and set the stage for season-ending contests against Pittsburgh and crosstown archrival Buffalo State. Sophomore forward Mike )ones scored 30 points in his best effort to date in a Buffalo uniform, while Sam Pellom took down 26 rebounds in pacing the Bulls to an incredible 90-30 rebounding margin over the Yellowjackets. Buffalo allowed Rochester to stay close with a very poor first half shooting performance before breaking the contest open with eighteen consecutive points early in the second half. Before their loss to AIA, the Bulls had dropped their final road game of the season at Cornell, 102-89, and whipped a tough Akron squad at Memorial Auditorium by 62-56. Wrestlers Win Again The wrestling Bulls successfully defended their N.Y. state title at Rochester Tech after bowing in their final contest of the season (final record 4-3-1) at Cleveland State, 2S-12. Ray Pfieter at 118 lbs, Jim Young at 134 and Emad Faddoul at 177 all won individual championships for the Bulls in the state championship event. Buffalo wrestled at the Eastern Regional Qualifying Tournament last weekend in an attempt to send several Bulls to the national tournament at Princeton. March 6,1975 OPINION 4 The hockey Bulls concluded what could best be termed a disappointing season in disappointing fashion, being trounced by Ithaca, a second-rate squad, 8-2, before dropping two overtime games at home to archrival Oswego by identical 60S scores. Buffalo blew a 5-3 third period lead in both Oswego contests, allowing the Lakers to score with 27 seconds left and again with just four secondsremaining after lifting goaltender Steve Paluseo for an extra attacker Saturday night, losing in overtime. The Bulls finished at 11-18-1, their worst overallrecord since becoming a varsity squad five yearsago. long ago that gasoline could be purchased only every other day and never on Sunday. The end of the month produced panic-stricken buyers with empty tanks. The citizens of the highest per capita energy consuming nation known to man were chilled by the thought of threatened cut-offs of home heating oil and natural gas. While prices and availability of gasoline have, for the present, stabilized, and our homes are still warmed by precious fossil fuels, the problems of energy management and conservation still remain. Interestingly, though, no comprehensive national energy policy has emerged from the Congress on the order of the National Environmental Policy Act of 1969. Paul Hudson, a staff attorney with the New York Public Interest Research Group in Binghamton, is deeply concerned with problems of energy conservation and management. Last Wednesday, February 17, he addressed the Environmental Law Society on that subject. Mr. Hudson discussed the Safe Energy Act, a package of bills which will be introduced in the New York legislature in the next few weeks. The Act is patterned after the Nuclear Safeguard Initiative, which is likely tobe on the CaliforniaBallot in 1976. The Safe Energy Act takes a three-part view of energymanagement; 1) conservation, 2) development of alternative "clean" energy resources and 3) banning nuclear power plants. Mr. Hudson noted that the Act would emphasize methods of encouraging conservation. Revising building codes to reduce unnecessarily high illumination standards would effect substantial energy savings. Also, changes in the pricing structure, such as use of flat rates instead of declining bulk rates for heavy users and peak load pricing, might alter use patterns which would result in energy savings, reduction in the cost of electricity, Hodgson - ... continued from page 1 N.Y. law thebest Mr. Hodgson claimed that the legal guardianship law of New York State is "the best in the world," containing a four-point program which varies with the degree of legal assistance thought to be needed by the retarded person. Beyond these 'established rights' which should be protected, there are further claims which should be made, asserted Mr. Hodgson. Through the courts, the Association for Retarded Children, with the assistance of the American Civil Liberties Union, .is arguing for concepts such as the legal right to due care, treatment and education. In conclusion, Mr. Hodgson indicated that still another legal right which must be recognized is the right to hold office, saying, "I will have to withhold comment on that regarding the present administration." power plants are underinsured. The cost that would be incurred by a utility for insuring a plant to the full cost of the risk of a nuclear accident would price nuclear power out of the market. The Price-Anderson Act limits the necessity of full coverage, thus enabling utilities to continue dealing in nuclearpower. But, the utilities can waive the Price-Anderson limitations, leaving insurance regulation an area ripe for state intervention. If strict insurance standards were imposed by New York, requiring full coverage, they would have to be adhered to by the utilities. Since utilities could not afford to meet these standards unless safety could be shown,and since no successful tests have been run on the emergency core-coding system (the safety-value of a nuclear .reactor nuclear power would be effectively banned in New York. Thisis essentially what the Safe Energy Act proposes. Mr. Hudson's discussion seemed to compel the question: Why is the development and promotion of an energy production system, as unsafe and uneconomical as nuclear power, so blindly and feverishly pursued by the federal government when viable alternatives, such as conservation and clean energy, exist? Mr. Hudson suggested an answer by analogy to the U.S. involvement in Vietnam. There it was argued by some that investments in money, people and prestige was so enormous that withdrawal would be devastating. Likewise, the government has a $100 billion investment in the development of nuclear power. Mr. Hudson noted than an ending of that investment could, without a government bail-out, bankrupt up to six major utilities. Thus, once again, the American public is paying the price, this time in higher energy costs and a lack of safety, because its government insists on perpetuating mistakes and mis- and a decrease in pollution. Finally, Mr. Hudson noted that a requirement of energy imposed statements tor large scale projects would provide an added incentive to minimize the cost of energy as a component of a particular project. The second part of the Act mandates the development of alternative energy sources such as wind, solar, geothermal and ocean gradient. According to Mr. Hudson, most of these methodsof energy production could be available within 5 to 10 years. He explained that wind is a resource in which New York is particularly rich, with two high-speed, sustained wind corridors, one off Long Island, the other on Lake Ontario. Noting that the technology for harnessing wind energy is here, Mr. Hudson said that wind power couldbe on line in a few years. To illustrate its cost effectiveness and efficiency, Mr. Hudson estimated that an initial investment of $43 million could put a somewhat modest system in operation in each corridor which would provide the energy equivalent of 10 to 20 nuclear plants. The third thrust of the Act, and the one upon which Mr. Hudson placed greatest emphasis and urgency, is banning new nuclear facilities and phasing out existing ones. The safety of nuclear reactors has yet to be proved. But this fact, as a reason for state legislation in the area, poses greve difficulties as the federal government has pre-empted the field on the issue of safety standards. But Mr. Hudson suggested that safety, while the primary concern, is not the only problem with nuclear power. Noting thelack of efficiency {-2 to 15 percent net energy , production according to recent s tv dies) and cost effectiveness (Con Ed plants which were expected to run at 80 percent capacity ran at only 55 percent capacity last year), Mr. Hudson management. stated that this was one of the few times that economics is on the side of the environment. This lack of economic viability (which, incidentally, results in a higher electric bill for the consumer), is compounded by the fact that nuclear Hill •• •• • • Hopefully, a more enlightened New York Legislature will begin a multi-state trend toward the elimination of the menace of nuclear power and the promotion of rational energy conservation and management. NEW YORK STATE BAR ASSOCIATION .. AS A NYSBA LAW STUDENT MEMBER, YOU'RE ENTITLED TO: The Law Digest... sixteen issues per year eight issues per year The Journal The State Bar News eight issues per year Admission to all Association, Section and CLE programs at special rate Free utilization of the Association Lawyer Placement service Life insurance at Unmatchable low rates DATE NAME $3.00 DUES MAILING ADDRESS. LAW SCHOOL DATE OF BIRTH I . am in my year of law school and expect to graduate in ?f _, |f elected will abide by the associations constitution bylaws and '■ canons of ethics: I ■ SIGNATURE � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7e25f7e4630aad4afc8af5628cc54f2e.pdf 50d1f67a346056418ba348a1ce4aad1f PDF Text Text NonProfit Organization U.S. Postage Opinion PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Volume 15, Number 8 SBA Campaigns Start; Elections Next Week As the situation appeared to be shaping up late last week, students wilt have the opportunity to choose between two platforms in SBA elections, next week, February 26 and 27. On one platform, a slate of candidates is seeking executive offices, consisting of Rosemary Gerasia for President, Cindy Falk for Ist Vice President, J. Glenn Davis for 2nd Vice- President, Cathy Novack for Treasurer, and Cliff Solomon for Secretary. The situation with respect to the second platform involved several independent candidacies coalescing about similar proposals, resulting in a common platform Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 by the week's end. On that platform, Ray Bowie is running for President, Scott Alcock for Ist Vice President, Paul Edgette for 2nd Vice President, and Eric Zaetsch for Treasurer. The platforms are published on pages 4 and 5 of thisissue. In addition, as this issue went to press, Michael Kilburn was understood to be running for Ist Vice President, and several first and second-year students are seeking SBA directorships in their classes. Balloting will be conducted next Wednesday and Thursday, February 26 and 27, on the 2nd Floor near the Library entrance. Guest Column Fee Vote Flynn Not Hired; Postponed Search Reopened In accordance with a resolution passed by the SUNY Board of Trustees, voting on the retention of the mandatory activity fee has been delayed until next year. A vote taken by the undergraduates at this school favored retaining the fee by approximately a 2-1 margin. However, a vote must be taken again next year. The ballot must include a question regarding the institution of voluntary fees. by Herald Price Fahringer Today lawyers devoted to the defense of criminal cases face the greatest challenge of their careers. The ever-increasing complexity of the criminal law has placed heavy demands upon a defense lawyer's knowledge, experience and stamina. No undertaking requires deeper professional commitments or greater devotion to a client's cause. The modern-day defense lawyer must be able to convoyhis client through, a host, of mine-laden hearings that bear the curious names of Huntfey, Wade, Wltherspoon, Simmons, Montgomery and Aponte. He must understand the strange language of a Brady demand, a Gelbard request,. znEinhorn inquiry, an Alford plea and transactional and use immunity. He has to know the numerology of a Rule 35 proceeding, a 440 application, and a 2255 hearing. And to make matters worse, we who are called upon to chart a course through these shifting tides of the law are often steered by stars that are disturbingly in motion. Adding to the solemnity of this occasion is the realization that today swarms of special prosecutors, strike forces and extraordinary grand juries have been unleashed on an unsuspecting public. Many of these police groups have overrun the borders of ancient constitutional safeguards designed to keep a free people secure from the state. Consequently, now more than ever we owe it to the public, and particularly those caught in the path of these zealous investigations, to do everything possible, to furnish them with competent lawyers. Accordingly, a practitioner simply dare not venture into these dark forests of the criminal law, overgrown with a multitude of fresh rules, without proper knowledge, training and experience. A genera! practitioner is a luxury that our society can no longer afford. And yet today the prestige of our profession is at its lowest ebb. The dreadful Watergate scandal, which convulsed this nation and drenched the White House in shame, took its heaviest toll among lawyers. Seventeen attorneys were either convicted of seriouscrimes or dishonored by their misconduct. Their alleged misbehavior has cast a shadow across our whole legal system and has embarrassed us all. Integrity is the lifelineof our criminal justice system and when thatis severed the wholeinstitution is imperiled. Even more frightening is the fact that only recently our profession has been gashed to its very roots by glaringexamples of incompetency. Last year, the New York Court of Appeals in the Leßrten case (34 N.Y.2d 257) reversed the defendant's conviction because of defense counsel's unfitness. The court in scalding language declared: "Defense counsel... has rendered the trial a farceand a mockery of justice." Other instances of disgraceful professional failures have stalked across the pages of the reports of federal and state courts throughout the nation. These derelictions are by no means representative of the entire profession *HJt unfortunately have overshadowed some stunning achievements of able defense lawyer! working under the most adverse conditions. Nevertheless, we must all acknowledge that slipshod and - continued on page 7 by Dave Geringer a crying need for lawyers' awareness of the lack of South African civil rights," commented Douglas P. Wachholz before about twenty-five concerned students and faculty on Monday, February 10. Mr. Wachholz, a lawyer, is director of the African Legal Assistance Project, a branch of the Lawyers' Committee for Civil Rights Under Law. The project, funded in 1967, is an experiment to cooperate with South African lawyers who are standing up for human rights against what Mr. Wachholz termed a "vastly legalistic fascist state." Blatant exploitation Mr. Wachholz indicated that the. legal system of South Africa is based on what he called "the blatant economic exploitation of the black majority by the 13% white minority." The land in the country is divided so that 87% of it is ownedby whites, and blacks have extremely limited legal rights within that area. Mr. Wachholz went on to explain that in order for blacks to survive, they must carry passes and work in the white-owned land areas. Employment contracts are limited to 12-18 months so that no political identity develops within the black working community. Blacks found within the "white" areas without passes are arrested and can be held indefinitelyupon the desire of one police officer and one magistrate. Furthermore, "The buck stops here. I overlooked it," Dean Schwartz The controversial appointment acknowledged. "An error was made, and the appointment was of Bill Flynn as outsidePlacement Director will not take place. Dean Richard Schwartz revealed that a requirement that any candidate for the position would have to possess at least three years experience practicing law was overlooked resulting in what Dean Schwartz termed "making the appointment no longeroperable." Wachholz On Rights Of South Africans "There is To Be Or Not To Be February 20,1975 education for whites is free and compulsory, while education of blacks within the state is expensive and non-compulsory. Mr. Wachholz stated that at times it was difficult to speak with composure about the South African legal system because of its "incredible injustice." The Africa Legal Assistance Project purports to attack the system on two fronts. The project helps to support what Mr. Wachholz termed "the five or six brave advocates" who are working for reform in South Africa. In this capacity as a foreign legal aid clinic, the project staff sends funds, briefs and expert witnesses for the defense of political prisoners. All of the project's assistance is necessarily "above boards," as most of the South African lawyers' activity is monitored by the secret police. Currently, the project staff is involved in a civil action against the secret police for the alleged torture of three Rhodesian women. Actions againstcorporations On the domestic front, the project has brought actions against American corporations which have interests in what Mr. Wachholz dubbed "the South African fascists." He also admitted that this type of attack is tedious and expensive. Although most of these actions (including a suit against a major American oil company) were lost, Mr. Wachholz feels that this strategy increases the corporations' awareness of the issue of human rights in South Africa. Mr. Wachholz justified the efforts of the project by claiming that the few black leaders in South Africa are being kept alive by its efforts. The state is so far from revolution that, presently, "this is our only wedge," concluded Mr. Wachholz. not a valid one." Provost Schwartz indicated that the three-year experience requirement was added to the list of job qualifications in an attempt to justify the creation of a PR-3 ($18,000) line by SUNY Central. "We wanted to establish the necessity of a high rank (PR-3) to justify a high salary," Dean Schwartz stated. "We felt we could not obtain the person we wanted unless we had the salary. Since we wanted a lawyer, we figured we would have to pay $18,000," Schwartz added. Provost Schwartz indicated that the hiring procedure would immediately begin again: "What we will do is reopen the search. We will inquire as to sorrfe modifications of the formal reg vi remen ts," Dean Schwartz concluded. Kennedy To Speak Prominent black feminist and civil rights lawyer Flo Kennedy will deliver a lecture Friday, February 28, on "Law and the Pathology of Oppression'■ as the guest of Distinguished Visitors Forum. The lecture is scheduled at 1:00 p.m. in room 108. Ms. Kennedy, a founder of the Feminist Party and a member of the National Black Feminist Organization, is theauthor of two books, Abortion Rap and (not yet released) Pathology of Oppression, and an article on "Women and the Law" in the anthology Sisterhood is Powerful, onreserve in the Library. Ms. Magazine has called Ms. Kennedy the Mark Twain of our age, and she has written, for samples: "Organize, Don't Agonize." "If Men had abortions, abortion would be a sacrament." "Oppression has at least four dimensions: the personal or psychological like when you yourself believe that you're a big zero because society keeps telling you so. The private like when some employer tries to make out with you when youask for a job. | The public like when the government takes the money you need for childcare centers and uses it to kill people in Indochina. And the cultural like when the history books attribute everything we did, and invented to some guy we worked for." — - — - �February 20,197S OPINION 2 Turn of the Screw Editorials by Un DeWaal I was unable to secure a typical repayment schedule for NYHEAC During our college education loans; however, I did obtain a we are invariably counseled to sample repayment plan for NDSL take out student loans when loans. I assume that they are finances are tight. However, little comparable, with one important concern is given to the financial difference: even though you are consequences of compounding allowed ten years to repay your On Wednesday and Thursday of next week, students large debts except that the debtor NYHEAC loan, this is reduced if have been invited to quite literally determine the directions will have ten years to repay. the ten year period added to the and priorities of the Student Bar Association in the coming thought it might be worthwhile to1 time elapsed from your first loan year. The determination will affect, in one way or another, describe a typical repayment plan to date of graduation exceeds every student at the law school, for despite occasional in order that future borrowing fifteen years. denigration of the SBA, the organization and its activities might be more informed. For a student whohas received an aggregate of $5,000 in NDSL influence all facets of law student life. during their college education, the Opinion is presenting the election statements of A student will typically monthly repayment will be executive office candidates on pages four and five of this accumulate two different types of $49.00 for ten years. Again, you issue. We believe that are obvious in SBA: A Choice there differences the loans: National Direct Student wi II emphases of the two platforms and that the student body has a true choice as to SBA's future. Every student has some responsibility in respect to the outcome of the election, to the same extent that the outcome of the election will have an impact on every student. The relative success or failure of the SBA next year will inevitably reflect on the reputation of the law school. First-year students will have to live with this reflection for another two years as law students; second-year students will be affected by the school's reputation when seeking placement next year; while third-year students (who often seem reluctant to vote in their last year) will have their careers either aided or hindered by the profession's image of their alma mater. SBA's performance bears on all of these. We urge students of all classes to consider the candidates' qualifications, their platforms, and their aspirations for SBA, and then to vote on their relative merits. If each of us takes this responsibility seriously, all of us will ultimately benefit. Please vote: February 26th and 27th; Second Floor, across from the Library. The Business and Professional Women's Club is offering a scholarship for women in academic fields leading to a career in business or the professions. Please see me in Room 303 to pick up an application. You must be a resident of Buffalo means that you will receive two should be considered whert Stockton KimbatlTower, This is a bills a month for repayment of decisions are made to secure loan very firm deadline. ;* ■" studentloans. funds Law Spouses Activities .: Molasses in February drawing. The next activity, following the Christmas Party was our first meeting of the new year held at Dean and Mrs. Schwartz' home. Projects for the coming semester were discussed. The mini-lecture was given by Norm Rosenberg. Mr. Rosenberg generally confined himself to the activities of the Clinic Program and the Simulated Law Firms experiment. The discussion of these programs was enlightening, informative, useful and entertaining. Also at the January 7th meeting Nancy Kitchen was elected Call Tree Chairman. And speaking of Nancy, she was the recipient of a surprise award at the Christmas Party. The members of the Association presented her The "early" calendar proposed by Registrar Charles with a pewter bowl in Wallin is definitely a step in the right direction. The appreciation of herhard workand proposed schedule, while eliminating a couple of holidays dedication. Nancy resigned the and beginning immediately after Labor Day, would put an Presidency of theAssociation last end to a traditional abomination: the necessity of studying October for personal reasons. for exams over the Christmas break. Shortening the time Traveling onward February between the end of classes and the beginning of exams to three days would enable all tests to be completed before the Ist was the day L.S.A. members treated themselves to a roast beef vacation. (cooked to perfection by The calendar would also feature the spring semester dinner Cindy Monacefli). A silent auction exams ending earlier, in line with the University's regular was held for some of the most schedule. Though the shortening of the study period still remarkable junk ever collected in leaves a calendar beginning in late August with a week-long one place. It all managed to be pre-exam study period as the best alternative, the proposed redistributed to new homes and calendar goes a long way to remedy many of the problems the astonishing sum of $.22 was added to the Scholarship Fund. relating to the present one. Step in Right Direction an additional bill of as it appears on your permanent record card unless this' form is filled out otherwise. Loans [NDSL] and New York comparable amount if you have a Higher Education Assistance Act similar sum outstanding in I n order to complete your Loans [NYHEAC] (or therr NYHEAC loans. financial aid application for the equivalent from other states). The This can be a substantial 1975 school year, you; must file repayment schedule for each type financial burden to assume wihtin Form UB by March 1 with the is computed independently. This nine months of graduation and Financial Aid Office, 312 It seems eons ago but the L.S.A. Christmas Party did put us all in a receptive mood for the holidays and we (spouses as well as students)managed to forget the immediacy of exams ; at least for a night. The Liquor Raffle, held at the "freight of the festivities, netted $198. for.the Scholarship Fund. We want to thank everyone who worked on Like the proverbial molasses in dead winter, grade, the Raffle and most tepecially reports have been oozing, in dribs and drabs, onto the Roberta and Steve Pheterson (for God knows how many bulletin board for the consumption of grade-starved selling tickets) and Cindy and Don students. Monacelli .for doing everything Opinion has complained before, and will likely have to else including lending home complain again, about the attitudes of a faculty who can for the party and their the Raffle insist upon student adherence to deadlines while scoffing at deadlines of their own. Hypocrisy, it used to be called; now it's termed academic freedom. Though there is a deadline for submission of grade reports, four weeks following the date of the last exam, it has been observed more in the breach than in compliance, and even so it is ridiculously long. If the faculty are serious about such a deadline at all, it is incumbent upon them to first, attach some sanctions to it and second, to reduce it to a more reasonable period, perhaps three weeks following the date of the particular final exam. In the alternative, students should consider choosing their own examination days this spring, following the example of our mentors. get Diploma forms are available for June 1975 graduates. Please see Lilly Nelson in 306. before February 27, 1975. Your name will be reprinted on your diploma .. . Great Merriment attended this affair. Our thanks to the Kitchens for the kind use of their home. On February 4th the group met at Mr. and Mrs. Greiner's home for the monthly imeetkig. Mr. Greiner was our guestspeaker for the evening' 'and wals fascinating, on the broad subject of taxes. A lively discussion followed. It was an appropriate choice, of topic as it seemed.to be a subject very close to our pocket books this year (if not our hearts). At the business meeting which preceded Mr. Greiner's remarks, details of upcoming events were discussed, including a theatre party to Studio Arena Theatre, the next fund raising event (which will be held' sometime.in April) and the Association Banquet (also scheduled for sometime in April). • - it will be to nominate a new slate of officers, to be presented to the general membership at the March business meeting. ■On the • Committee are Sue Moran, Steve i Rheterton/ ban SHonV'Glndy ~'MoTiacetlirtßntf''sheHt* -Rett*** r -:. Election's/will M held' ar'*e.Ap»tti business meeting. Please check your newsletters for candidates and reminders of the date of the elections If you cannotattend the next meeting. Everybody whois a dues-paying member of the Association is strongly urged to exercise their franchise and vote. Coming .up. i. i. General Meeting, and Lecture March ;4th; the play P.S. Your. Cat. Is Dead, March 22, Studio Arena.Theatre. Our most sincere thanks to Ds'an and; Mrs. Schwartz, fAt. and Mfs. Greiner, Nancy and Dennis Kitchen, Don and Cindy Tina Stoufer, President, Monacelli for the use of their announced the formation of a homes and for their hospitality to Nominating Committee whose job the Association. SBA Nominating Petitions Deadline: - Tomorrow February 21 12:00 Noon Room 504 Don Lohr's or Bette Gould's Mailbox Volume 15,Number 8 February 20,1975 Editor-in-Chief: Dave Geringer Executive Editor: Matthew Leeds Photography Editor: Eric Zaetsch Alumni Editor: Earl Carrel Staff: )eff Chamberlain, Carl Salomon Managing Editor: Abbot Feature) Editor: Louise Tarantlno Business Manager: Alan Mantel Herlnger, Gerry Schultz, Shellah Rostow. .' OPINION Is published every two weeks, except for vacations, during" the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlin Hall, SUNYAB, Amheret Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of SPINION. OPINION Is a non-profit organization. Thirdclass ~.>' i Postage entered at Buffalo, New York.' ■" ■'■'", ■■' Editorial policy of OPINION collectively by the Editorial Board. OPINION l> funded by SBA from student lm An.■,-,•;"'.•!*• a Istetermlned i ■ �FebTaary-20.-i97S- OPINION 3 The Outside World AConversationWith Cal Brady by Cart S. Heringer - The nameplate on the desk says "Mary Music Person" but she's also the secretary, and today she would rather be in bed. It's 4 p.m. and things-are hectic. People are running around, talking on phones and to each other, discussing, berating, writing ad copy and making deadlines. The soundsof WBUF are coming over the speakers, flashr bulbs are popping, .Polaroids are develpping. According to Mary Music, a short while ago one could die in the office and no one would know for weeks. Then progressive music, and Cal Brady, returned to Buffalo radio. Back-in ;68, at.age 15, Cal Brady started doing shows on pre-PBD WYSL-FM. (They thought he was 16.) He was on the air ten hours per day, acted as program coordinator, and at the same time was auditing his senior year in high school. He was inexplicably fired after a short illness, but still feeling that there was a place for FM rock, he landed in Hartford, Conn, on WHCN (sister stationof WBCN-Boston). It was tiring working with others who got stoned six days a week, "having flashbacks and all the other things you see on Mod Squad." Brady left, and found work at Channel 29 in Buffalo, producing arid directing Bozo, Romper Room, and other shows of that nature. After forming a production company with an old friend (they're still in it together), Cal went back to WPHD, but was fired on the air for bad-mouthing their new Top 50 aibum format in early 1973. He was out of radio until Bob Allen called, him one night at 2 a.m. from a West Seneca bar, wanting him to help "The Home of Blended Music" become "Radio Free Buffalo." So shall it written, so shall it be done. 1968, that we're ten years behind the times. There's a fetish people have in radio about being Number One. It's like an infantile arrogance, a Ron Radio Orgasm Syndrome. When I designed the structure of what we do on the air, I knew we weren't going to be Number One. We're after people 18-35, male and female, intelligent and/or well-educated, a minute amount of interest in music; people who are sensitive, sincere, and appreciate the same. I don't think there's enough of that to goaround in Buffalo. Big deal we're not Number One, we don't get the people who voted forNixon, who have IBM stock, who chew bubble gum. That's not everything. It's nothing. CSH: Doesn't the owner want to be Number One, or Two, or Three? CB: When you're 1, 2, or 3 it's only relevant to the demographic area you reach. Ours is the professionals, aware purchasers of consumer items. It's amazing how many people listen to this music who are older, settled into the "American Dream." We're trying to reach them byrelying heavily on older material, '68 to 71. It's not how many youreach, it's who youreach. CSH: Are you satisfied with the way things are? CB: definitely. WE have 100,000 watts, and we're getting into all sorts of nooks and crannies. Carradios are a hassle, but we have listeners in Toronto,Hamilton and Rochester. We're piped into Buff State. Lots of good things are happening. CSH: Are there any problems with the FCC, if you're playing things that are saying things the FCC doesn't want . . . .. . - ■ , .- innocuous-sounding announcement seems to trigger some sort of pathological reaction among altogether too many JeffChamberlain Thaveatall timeshated aH governments." normally right-thinking students who should know better. Jonathan Swift By the next afternoon, the corridors are crowded with bright-eyed, eager people clutching sheets of paper which The Student Bar Association consists of an the rest of us simply must sign, and manufacturing indeterminate number of unexceptional law students and sonorous phrases, inventing imaginary perils and imaginary is famed chiefly as a soporific. It has two organizational defenses against them to convince us of it. There is, of purposes. The first is to provide a student voice in the course, nothing original about this as a political running of the school. To this quixotic end, the august phenomenon, for American politics generally has body meets interminably, debates tirelessly, and invariably degenerated into a mere pursuit of hobgoblins: the voter, a arrives at a conclusion which adamantly rejects, coward as well as an ass, is forever taking fright at some wholeheartedly endorses, unequivocally supports', sets up a new one and electing some mountebank to slay it. What is committee, postpones for future consideration, suggests somewhat perplexing is why anyone at a law school should respectfully, is outraged by, promises fast action upon, want to waste his time spouting geysers of fallacies and drafts a report about, authorizes, points out the merits of, sentimentalities for so paltry a reward as the privilege of putting his SBA membership on a resume which won't be eliminates, or otherwise pretends thatit is not helpless. I SBA's other purposeis to disperse student fees to the read anyway. As each candidate gathers momentum, it has become myriad hordes of organizations which clamor for our money: This is generally considered to be the more customary for him to deface the walls with multi-colored important of the two functions, though almost all of the posters which proclaim his own peculiar idiocies. He generally then seeks to inflict himself on several classes, members' timeand energy is spent on the former. The process by which one becomes a member of this groveling for votes on the strength of notions ("positions") motley throng is called an "election." This catastrophe the most noble of which may be flatteringly described as occurs each year about this time, and is, among other comprehensible. Last year saw the refinement of this things, .the finest.free entertainment in Buffalo. It beats burlesque into a circus: there came upon us organized political machinery, the Committee for an Active Student the, zoo any day of the week. The first' intimation that the carnival is about to begin Bar Association or some such nonsense. This confederation is "usually a snort blurb m.Opfnfon to the effect that of miscreants and reprobates was swept into office on the plethora of strength of its promise "to do something." When the dust anfone. interested in running for one of the Vipe-Presidencies, Directorships, MembershlpS-At-Large, cleared, the SBA treasurer had resigned, and her position these "activists" evincing "no an{l God-Kribws-What-Elses's should return a petition to was vacant for a time, "ky "sucfi-amf-sucfi "a date. Amazingly, this immediate interest ,in the position, many ...reportedly I ' so-arid** - This column will discuss tax reform and the effects of the existing tax system, two subjects that receive little or no attention In the tax courses offered at this school. It is my position that itIs equally Important to learn the effects of the law one is dealing with as to learn the law Itself. It is also my position that the federal tax law as It is now written operates to subsidize the rich and corporations and that thisbias shouldbe reversed to favor the non-rich. The following Is an article -written by Donald E. Smith, staff economist for the National Rural Electric Cooperative Association: continued from last issue It has long been debated how to consider tax savings resulting from liberalized depreciation. The noted economist Paul Samuelson has stated that "the extremely rapid rate of depreciation is, of course, not depreciation, but a type of subsidy." Others, such as former Treasury Secretary David M. Kennedy, maintain that it merely "involves a postponement of the tax payment." In refutation, Professor Robert Eisner of Northwestern* University has asserted that it "Involves a permanent, repeating, and accumulating loss in tax revenues." Professor Alfred E. Kahn of Cornell University ... states that those who maintain the loss is permanent "are more right than wrong, provided the company's total investments grow over time at a sufficiently rapid rate." Consumers of electric utilities may not anticipate benefiting from depreciation through lower electric rates. In fact, the Senate report on the Revenue Act of 1971 specifically prohibited electric utilities from lowering rates to reflect benefits derived from accelerated depreciation. In the absence of rate reductions an increase in' its rate of profit shouldresult. According to the Federal Power Commission, the amount of liberalized depreciation of investor-owned -electric utilities amounted to $2.0 billion as of December 31, 1972. The total accumulated deferred income taxes was $2.8 billion. The accelerated depreciation provisions will bestow a greater tax savings on the electric utilities than on any other industry. It is a tax benefit which will continue to — __ , . increase.and.wil|r ttrve,to;rediice; the-utijities' tax. liability, in the future. _; ' Tax-Free Dividends Since 1954, electric utilities have paid, over $2.5 billion in' tax-free dividends to" their, stockholders. The 1954 tax law, which made this possible, stipulated that when utilities use accelerated depreciation, "regulatory" income will exceed "tax" income. "Tax" income maybe insufficient to cover dividends. To the extent this happens, the dividend payments are judged to be a return of capital to the investor, and he does not pay taxes on them. .. Fish In a Barrel End of the Bar J by GeraldR. Schultz not free form, it's hippy-dippy, it's to hear on the air? CSH: Why did the station, go progressive? ; '-. '"< .■ CB: First of all, the number of pro-drug songs that have CB: Among other things,'other interested people had men- musical and lyrical merit are far and fewbetween. Most of tioned it to the owner, including his son. There was an the songs to begin with are anti-drug. obvious hole in the market left by PHD when it was replac- CSH: How about obscenity? ed by WYSL AM/FM, and a huge audience that wasn't CB: The announcers and I are responsible to make sure being reached. As a middle-of-the-road station it (WBUF] that no obscenity gets on the air. Whether it has, had zilch ratings; in some places it was receiving no meas- different matter. Certainly,, we don't go out of our way to urable audience.ratings..The last three or four years it ■program it. never did anything. ..... CSH: Like John Lennon's "Working Class Hero." VbriTheAepfll* W6<haYe AwprkiEigihere.wnr,ki here .because CB: I've .played that on the ajr, during an interview with tneyilove this, format. They're not making a hell of a lot of. FCC Commissioner- Nicholas Johnson after Agnew's blackrtionfeVa'tfm.rtj6lrlTheifi«t''few'mo>ithshere kdidn'tmake a list ofrecords. It was a weird thing, I couldn't picture for dime.- .-■..■". » nwi .-.-;.'.• .-,.;.the. li.fe.of.me getting busted with an FCC Commissioner in CSH: Steve Goldfinger [Sales Manager] said everyone is in the studio. it for the radio and not for the money. You can get it out of the song, but it's a pain in the CB: As an example, John Farrell andKen Wein [also origi-. ass. Some songs I don't play because I consider them in nal WYSL-FM staffers] and myself have not been in radio, poor taste. There are a bunch of songs like that. There's a haven't sought jobs. We're here because we want to be tradition of male chauvinism in radio. It's about time people started realizing there are female folk out there that here, not because we need the work. CSH: The station is free form. You said that's basically don't like to be thought of as trees and animals and assortplaying.what you want to play? ed other items. CB:'Labels bother, me. Rather than tell the people what CSH: This was a middle-of-the-road station. Whatdid you the station is' all abbut, listen to it, that'sall I ask, let them do (for albums)? decide..There are people who say it's not progressive, it's. continued on page 6 by Federal Tax Z - continued on page 8 too great a burden." [Opinion, November 14, 1974]. As far as I know, C.A.S.B.A. has not been seen nor fearing heard of since. On election day, tables are set up in the bake salearea of the second floor "lounge," and ballots are available for those who wish to choose from the cafeteria of names and offices printed thereon. There is, so far as I am aware, no provision on the ballot for a simple vote of "no." After a few hours, the tables mysteriously vanish, the posters are torn down, the newly elected SBA is promptly recognized by an article in Opinion, and all traces of the debacle disappear for another year. Texas State Senator "Babe" Schwartz tells the following story: "A seeing eye dog had peed on his master's leg. The blind man stood still for a moment and then reached into his pocket for a doggie biscuit. He fished out that biscuit and leaned down and gave it to the dog. And when the dog took it, he patted its head. A bystander observed this and was much touched. 'Why sir, he said to the blind man, 'I see you've given that dog a biscuit even though he peed on your leg. You clearly recognize how much you depend on that dog, how much he does for you even though he's made this mistake, and you're treating him kindly anyway. Sir, that's wonderful.' , "And the blind man said, 'Listen, you jackleg, I gave the damn dog the biscuit so I could figure out wherehis head is so I can kick the hmmm-hmmm out of his tail,and that's just what I'm fixing to do." I suggest that the present panache is an offer of a doggie biscuit, and if you're dumb enough to take it, you probably deserve what you're going toget. I, of course, do not vote. It only encourages them. �February 20;,197fr OPINION 4 SBA Candidates: Gerasia, Falk, Davis, Novack & Solomon - (2) CONSTITUTION A major overhaul of the SBA of all law school organizations could also be available all day to provide advice on their activities. Constitution was begun by the previous administration, but never finished. Numerous internal disputes regarding : IV. FACILITIES presidential powers and duties, and a pressing need for codified by-laws, makes updating of the constitution a While many of the problems we had last year are now priority. cleared up there remain a few that should be dealt with immediately. These include: (1) The walkway from the building to the parking lot, (3) FACULTY-STUDENT COMMITTEES Student which needs a handrail in order to prevent slipping, representation on these committees is one of the most particularly in winter weather, and important means by which student input is madeinto law (2) The need for a health office. The need for school policy and academic programming. Through the i health-related facility in our building becomes ever morea Faculty Student Relations Board, who determine the important with our growing population of faculty, staff, number of student positions on thesecommittees, we will and students. It is our opinion that such an office should attempt to secure equal student representation on all be open during peak traffic times, i.e., during class hours, committees. and should be furnished with standard firstaid equipment and cots. Accidentsand illness are a part of life. We should be equipped to handle them. 11. SECURITY - :: ■ Rosemary Gerasia Cathy Novack President Ist VicePresident 2nd Vice President Secretary Treasurer : Cindy Falk Many of us spend much time after the twilight hours studying in the library. We believe that in order to protect our own safety on this otherwise desertedcampus at night we must have adequate security. This could be accomplished, depending on student interest, either by security guards or by an SBA-funded student patrol. The latter might consist of hiring students to both patrol the building and staff an office phone. Thus, we would have an emergency phone service available to us at all times during the evening a/id weekendhours. Cliff Solomon ROSEMARY GERASIA CINDY FALK J. GLENN DAVIS CLIFF SOLOMON CATHY NOVACK When you read the following, you will not be overburdened by a lengthy platform full of promises which no candidate could ever begin to fulfill. Instead, we present to you an outline of concrete programs and policies which realistically can, and must, be effectuated if the SBA is to be more than just a figurehead organization. . 111. CURRICULUM AND PROGRAMS (1) We feel that one of the most pressing needs in the area is for a full semester legal research and writing course. Professors complain that students are graduating from the law school with no idea of how to write a brief or adequately research a legal question. The mini-writing courses offered to first-year students simply are not doing the job and we cannot expect a seminar to teach in-depth the complexity of legal research. We therefore will urge thai the Academic Program and Policy Committee institute a mandatory full semester research* and writing course with credit forall first-year students. ; of curriculum I. INTERNAL SBA STRUCTURE V. PLACEMENT Recently the administration appointed an assistant dean to supervise the placement of students in part-time jobsand upon graduation. While we might not agree with the means of appointment, it is essential for SBA to cooperate with and to support this administrator to its fullest capacities. It is the responsibility of all of us administrators, faculty and students to takeall steps possible to secure positions for students so that we can implement the legal training we have received. - - VI. LIBRARY The situation in the law' library, overcrowding/ misplacement of reference materials, and a general atmosphere hardly conducive to serious study, is of increasing , concern to law students, particularly' during examination periods. This problem can only be aggravated as an ever-growing number of students begin using the on ttys campus and as, the/projected calendar facilities changes bring the law scWl iri"line with We rest of the University. A dialogue with the adnata* should be started immediately with an'eye tdwaW' folding a solution before the start of spring semester examinations. (2) In line with improved communication and student participation we would like to have one day of the 1975 VII. ADMISSIONS AND FINANCIAL AID (J) Although we feel that the past administration made a 'Orientation Program devoted exclusively to small group good start at reorganizing the SBA so as to make it more meetings of the first-year accountable to the students, we recognize that there are third-year students who students with second- and (I) We feel that it is the responsibility ofboth the SBA would not only discuss the and the Administration to actively vast areas which are in need of improvement. One of the activities and services of our school but recruit more also would and minorities. This is especially important women most important of these is the relationship between SBA conduct informative now that of the tours Representatives facilities. and the student body. Communication between the ■amtlmiid or; page 8 students and their representatives seems to be totally lacking. Many students do not even know what the SBA does and it is not the students' fault! The Student Bar Association Is the student body! If the SBA is to reflect the student interest, effectuate changes, deal effectively by Gerry SchulU with the administration and faculty, and determine law school policy and programs, then it must work together Recycling of materials is one of those rare things that at maximum capacity (which they never do) or 5 million with an informed and involved student body. In order to indisputably accomplishes several important things gallons of gasoline per day, which is in turn equal to the achieve this goal we propose the following: simultaneously. Recycling conserves materials (thereby estimated energy yield by 1987 from a crash program to saving materials), conserves energy (because using develop oil shale. Such (a) An official SBA Publication: this would be published recycledraw material uses less energy than starting all over of waste rock equal to a6 program would produce a volume weekly by the SBA and distributed to all students and again), Lincoln Memorials every day. All reduces the amount of solid waste, and, especially we have to do to gain these faculty in the same fashion as the Opinion Newsletter. It in benefits is return to using the case of beverage would contain the minutes of the last SBA meeting, the make eminently good containers, reduces litter. It would returnable, deposit bottles. The price of the beverage will sense to start a national, large-scale not go up it is cheaper even now agenda for the next meeting and all other information of recycling program, to buy it in returnable other countries have done. Why is containers, which makes sense because interest to the students, e.g., Faculty-Student Committee this not being done?asGood when you buy it in question. a throw-away container, you are paying for the container openings. It would also provide a forum in which all According to an EPA study by Eileen Clausen: "The too. The number student representatives on Student-Faculty committees packaging of jobs lost will be small, if any are lost industry accounts for 50% of all paper at all. Certainly jobs will be lost at the can and bottle could report directly to the students. production, 87% of all glass production, 11 of % aluminum plants, but more people will be needed to handle and ship production, 20% of plastic production, and close to 9% of the (b) Open Meetings: Although the SBA meetings are now steel production. The produciton returnables. The big central breweries that depend on of packaging raw throw-away containers will be obsolete, which is the open to the student body, the meeting time and materials alone consumed 57% of the U.S. industrial reason the major brewers fanatically oppose this change. inadequate notification do not facilitate student energy consumption in 1971. The effect will be to decentralize the attendance. We will do everything possible to have the brewing industry, to of all packaging is discarded within a year reverse the trend "... that has seen the number of breweries in meeting hour scheduled sometime during theweek when of purchase90% by the consumer. 57 million tons of packaging the country go from 283 in 195ft to 64 in 1974. more students would be able to attend, rather than late enter the solid waste stream annually, including 13 million Friday afternoons. tons of bottles, 6 million tons of steel and aluminum cans WHERE YOU CAN RECYCLE and 2 million tons of plastics." (c) SBA Office: The SBA office should be a place where The most obvious place to start is with carbonated Buffalo: Glass & paper Uβ Main Campus; Glass Main any student can go for information and directions. The beverage containers: about half of all food and drink & Delevan, Central Park Plaza, Park Edge, 950 problem is that many times the office is not open and it is containers are for beer and soft drinks. 25 yearsago most McKinley;Cans -Republic Steel, 117 S Park difficult, if not impossible, to find an SBA officer or of our beer and soft drinks were sold in reusable bottles. Lackawanna: Cans Bethlehem Steel, Gate 7 director when you need one. We would require thateach Now, most of it is sold in throw-away cans and bottles. Amh : P per ~St ,ohn Luth officer or director commit one or two hours a week to Some of these cans and bottles are «an, 6540 Main St., recycled (melted down 632-6577, staffing the office so that the SBA will be entirely available and used in * Tues.-Frl., 9-3, Sat. 9:30-12; curbsidepaper this way), but most are thrown away, into the and metal pickup, call to the student body. 631-5990. garbage or along roadsides, parks or beaches. Shifting back Hamburg, Town: GfoH, cam 61003outh Park- Paper to returnable, deposit bottles would reduce this litter It Bluebird Laundry, Pleasant Ay». ■■>-.:• »' (d) Bulletin Board: The SBA bulletin Board on the sth would also reduce solid waste, conserve aluminum, steel Hamburg, floor is out of the main stream of student traffic. We will and glass, and conserve energy. A non-returnable system k Tt>wn: Ol«"r «n*"-Town-Highway Dept., push for a bulletin board on the Ist or 2nd floor in order uses 4.7 times as much energy as a returnable one. Tile lO Highland; Papers 4350 S.TayWrßt*■■ to gat imtertant informationand notices to the students. energy saved is equal to 10 nuclear power plants operating Orchard Village: - Environment: Recycling . - «V ' „„ \f ' J Par* - - _ - - • Pap* weekly pickup at cijrb, - „,,, �February-20,1,975 SBA OPINION Candidates: 5 Bowie, Alcock, Edgette & Zaetsch RThe Candidates. .. Last to have decided on his candidacy, though the original drafter of much of the platform, is Ray Bowie, who is seeking to provide a responsible alternative for the SBA Presidency. As a first and second year SBA director, as former editor-in-chief of Opinion, as Surely anyone can complain that SBA has failed ilfill its potentials, and any number of people c efine some of them, but those who aspire to SI offices must also be expected to know how to real those potentials, as thatis the true nature of the pub trust granted by election. We believe that, while began our campaigns as independent candidat together we represent a balance of qualificatio indicating knowledge of the mechanics of getting thin Ray Bowie director of the Distinguished Visitors Forum, and as a past representative on a number of faculty-student committees, Ray lends the platform the well-rounded experience with issues, people, and institutions required of an SBA President, who must be able to supply reliable leadership in a variety of contexts. done as well as of the visionof whatneeds to be don The development of our platform is unusual in Eric Zaetsch, candidate for Treasurer, is a memb that much of the platform existed, as a statement of of the Placement Committee and has reported on I proposed SBA priorities, before there were any school developments for Opinion, on which he is pho declared candidates for election, indeed even before editor. Scott Alcock, running for Ist Vice. Presiden elections were announced. That several independent, has been an SBA director this year and has served o even reluctant, candidates were later drawn to it and the SBA Budget Committee. Paul Edgette, campaigni decided to run together on it is perhaps the best for 2nd Vice President, is an accounting student with indication of the platform's strength. strong interest in Sub-Board, SBA'S disbursement We hope, of course, that this bodes well for the agency. success of our campaign. Scott Alcock Platform: To the Voter: " As the incumbent President and Treasurer, respectively, of the Student Bar Association, we believe that next week's elections for SBA officers afford students the opportunity .to insure outstanding leadership in SBA next year. Therefore, we endorse Ray Bowie for SBA President. We have both worked with Ray in a variety of areas related to SBA and can readily attest to his capability, responsibility, and conscientiousness in INTRODUCTION Paul Edgettc President: Ist Vice President: 2nd Vice President: Treasurer: . , Student Bar Association elections are with us again, generating reactions ranging from the feverish campaign fervor of a few to the speculation of many as to why these few ever bother getting feverish over something like SBA to begin with. It's a good question, particularlyconsidering the number of other activities worthy of a law student's fervor, and one that demands some straight answers. As candidates running for SBA offices on a common platform, we would be simply disingenuous were we to deny the inherent limitations upon SBA's efficacy in school governance, its past failure to perform in many Eric Zactsch RAY BOWIE SCOTT ALCOCK PAUL EDGETTE ERJC ZAETSCH Outline of Platform , , areas,where it.could be effective, or even that there are Professional Program: better things for many law students to do with their time A.' Continued experimentation with new forms of than to pour it into SBA hassles. Yet, despite its limitations, SBA is necessary, both to yd ohi lo 6.,.'¥,ffl"TVf''„ f! "lcs and protect student "interests within the institutional -jrl b|uo:b 'iMMiWiwnr-r. aril rlllw ivy.li I. '' ',' " framework of the law school and to furnishstudents with Coordinatipn-with,strengthening,professional ( h ,Jjl.., p,rogram concentrations and meeting law-related activities complementary to thoseavailable in deficiencies. the classroom. Due lo this necessity, SBA's failure to fulfill C. School should heed stud.cn,t course preferences some potentials should not obscure the potentials indicated on questionnaire last fall, and fill themselves. The'product of much' deliberation and gaps as professors depart. involvement, our platform presents, we believe, a D. Liberalization of interdisciplinary study comprehensive program to realize SBA's potentials, and toward programs is needed, reversing trend this is what accounts for our fervor. restriction. 11. Placement: I. PROFESSIONAL PROGRAM A. Strong support for dual director .both "inside" and "oQtsjde" placement services, j Permeatjng both faculty and student governance this B. and,;it u>c£ssary*,..financJaUsupport of year has-been die.question of academic priorities and tMj&udent Placement torrfmittee's efforts resource allocation. An open letter addressed to the faculty last fall by a number of concerned students toward first-rate placement facilities. C. SBA insistence upon full student participation cautioned against a weakening of professional program on in the reopened search for placement director. concentrations, while the results of a questionnaire course preferences indicated strong student support in all 111. Library: A. Support for administrative autonomy of the three years for courses closely related to the practice of Law Library from the University library law and the major specializations therein. This examination of academic priorities has proven to ,- v system. Regulation of undergraduate use: restriction to be one of the healthiest developments in recent years for B. qpper, floors, allowing law students better the law school, for it has yielded a surprising degree of unanimity among both faculty and students as to priorities access to resources of lower floors. remedied. C. Allocation of study areas between smokers and to be followed and deficiencies to beassuredly continue to While the law school must non-smokers. experiment with new forms of legal education, hopefully IV. Used Book Storee: SBA sponsorship of a used book store as a student with emphasis on expanding the variety of clinics and other means of teaching practical legal skills, service. ■ experimentation will be better coordinated with V. Financial Aid: A. Monitoring of the effect of financial aid strengthening present concentrations in the professional program and meeting existing deficiencies. criteria upon law students. Just as the initiative for this came largely from B. Negotiation with Financial Aid office for restoration of recent aid cut-backs, appealing students, SBA must remain active in watchdogging academic developments, providing constant student input to Pres, Ketter if necessary. ■' clinics, and on C. Opposition to reduction in minority student on professional interests, new courses and financial assistance needed for legal education. the successor failureof experimentalprograms. obligated that SBA We believe should consider itself VI. Other Issues: indicated on A. Support of "early stop" calendar, proposing to insure that the student course preferences the questionnaire are heeded by the faculty in future certain modifications. exert Reducing and enforcing deadlines for posting curriculum decisions. We urge, too, that SBA B. pressure to guarantee that gaps in course offerings created of grades. faculty departures quickly are filled. by upcoming several C. Definitive questionnaire on grading system The law school ought also to facilitate law students' |.; preferences. entry into joint-degree programs, for increasingly lawyers D. Better advance planning of. course sequences. materials in new with skills in related disciplines are being sought on the job ,J5,-; Separate..section for market. SBA must resist recent trends toward restricting ■.'." bookstore. to joint-degree programs. Liberalization of F. SBA effects to insure,adequate parking and access year, poitioiv State DOT to interdisciplinary study, rather than Its restriction, is I.'-," ,'' ~- l wM ~ .. " . , .' . . ; < Jaw. ,r.*«!«eivic*;i»xt •usO ..rellewMllleoportbottleneck. ■■ i a..* \ "■'■: \ft\ ■ -■ ■ ■ continued on page 6 i.i- '' '' " Mrti Bowie has served the student body in numerous capacities'over the last two years, through Opinion, through SBA, through Phi Alpha Delta, and through several faculty-student committee ■appointments. His performance in these functions has indicated a devotion to student interests which has transcended partisanship and ideology, and thisis what we feel is necessary for a successful SBA President. As SBA officers, we have strived for an SBA that is representative and effective. To this end, we endorse Ray Bowie for the SBA Presidency and urge you to vote for him on February 26 and 27. '' , . ,. , public trust. ' "" ,, pop Lohr £d Zagajeski 11. PLACEMENT No less important than a strong professional program is the need for continued SBA support for the improvement of placement services, a goal whichhas been undoubtedly harmed by the waning commitment of the Administration. A solid academic curriculum without adequate placement for graduates is virtually useless to most students here, as was recognized in the recommendation of the ABA/AALS inspection team three years ago that the school improve placement services if it was to aspire to first-rate status. The recent actions of the Administration, which SBA deplored because they were undertaken without student consultation, have effected a serious set-back to the concept of a dual-director placement system, wherein the school had promised to provide both "inside" and "outside" placement services. We believe that the SBA must hold the Administration to its original commitments to a dual-director system, and this translates into moral and, if necessary, financial support for the student placement committee in its struggle for a first-rate placement office here. Now that the search for a placement director will be resumed, SBA shouldinsist upon full student participation stages of the search and in the drafting of the job's all in qualifications. 111. THE LIBRARY The law library is to law students what the laboratory to science students, or at least it should be. The University has, however, been slow in recognizing this, and hence the law library is becoming more and more unsuitable for legal research: staff cuts haveresulted in less is shelving; acquisitions have sagged behind demand; undergraduates needlessly monopolize prime study space; and smoking policies have generally not been enforced. SBA must support the taw librarian and the faculty in their request for administrative autonomy from the control of the University's library bureaucracy, whichhas Ignored the special needs of a law library. Administrative autonomy will make it possible for the law library to - ' continued on page 6 �, otitiMi' 6 .Februaryj^0.1975 Outline of Platform: VIII. SBA Constitution: A. Revj s ion of outdated provisions of SBA Constitution. H. Replacement of obsolete committees with ad B. hoc task forces created to deal with specific issues. I. School Governance: Budget: SBA Creation of formal communication channels VII. A. between faculty committee representatives, A. Investigation of possibility of budgetary independence of Sub-Board, fewerdelays with the SBA, and thestudent body. vouchers. B. Strong defense of student interests in Emphasis thatSBA funds are a public trust. negotiations with Administration. B. C. Fair consideration of all budget requests, X. Legal Research Project: subject to equal scrutiny, with an end to SBA sponsorship of new program to provide students with equivalent of clerkship experience in "knee-jerk"allocations. Liberalization of fee waivers or reduction law school, researching memoranda and briefs at D. in request of practitioners. activity fee to eliminate budget surpluses. - continued from page 5 G. Greater SBA interest in law intramurals. Better security protection, more lighting and return of first-year lockers to the 2ndFloor. More social functions, "happy hours," in O'Brian Hall. IX. Brady Talk - continued from page 3 i CB: Scrambling for alburns has been rather Interesting. First thing we did was raid the old middle-of-the-road library and found an awful lot of stuff they didn't know what to do with, like old rock and Judy Collins. We traded with record stores, and are using loaner albums. It's a matter of time to back-order some of the older things. Music -wise we're in pretty good shape; about 4,000 albums. I'd be happy with 10,000, soon we'll have a workable 6,000. I cannot get into '50's rock androll. The '50's weren't fabulous. There was Eisenhower, it was boring, and the music was bad. I wish people would leave it alone. CSH: Do you have any favorites outside of Harvy Mandel and the Jefferson Airplane? CB: Butterfield Blues Band, Fatheringay, Joni Mitchell, everything. Bowie, Alcock, Edgette, &Zaetsch: Platform -restrict continued from page 5 .: undergraduate use to study areas other than the disastrous, both in time and money, for numbers of second and third floors, where heavy use of law materials students each semester. A reduction in the deadline, by law students is essential. Similarly, allocation of study i setting it perhaps two or threeweeks following the date of areas between smokers and non-smokers would be the exam, must be coupled with reasonable sanctions, if facilitated, so that the personal preferences of both could I necessary, to insure its enforceability against faculty noncompliance. be accommodated in the library. s • IV. USED BOOK STORE Grading System: SBA should prod the faculty toward some definitive settlement of the nagging grading One facility which many law schools have and which; system question this year, and to this end, a student we noticeably lack is a used book store operated by the questionnaire similar to the one last fall on course SBA as a student service, through which students couldlist preferences should be taken in classes on the subject of used books for sale, the SBA would serve as a grading system preferences. Whatever the questionnaire clearinghouse for buyers and sellers, and an insubstantial results, SBA should undertake to have the faculty resolve fee charged for the transaction to remunerate the book the matter tn accord with student preferences, where such store operators. Since there are a number of students preferences are concfusively determinable, from the experienced in operating used book stores, SBA needs only questionnaire. Prior to circulating the questionnaire, SBA to supply the facilities and the initial support, and we should publish the advantages and disadvantages of the could have a used book store in operation by the end of various grading options as seen by recent graduates, area the semester. Mary Lou Palesh, Law Bookstore Manager, practitioners, our own faculty, and current students. has pledged cooperation in the endeavor. Course Scheduling: Some assurance needs to be V. FINANCIAL AID given students as to .what course* will be offered severalsemesters in advance, as there are certain course sequences While SBA can do little directly toward modifying the that are often followed and it would help to be able to financial aid criteria employed by the,University for that depend.upon the future availability of such courses in purpose', the' SBA should at least monitor the effect such order to plan adequately. Classes, and particularly criteria are having on law students, how well their expenses seminars, should be offered at variety of times during the a are taken into account, and to what extent full unniet day each semester, so as to; accommodate the substantial need is covered in each instance. number of students with outside commitments in the Cut-backs in aid for many students this year are of morning or afternoonhours. great concern, and reports that numbers of first-year students discontinuedtheir studies this fall due to financial Bookstore Move: With the planned move next year difficulties are extremely distressing. If negotiations with of both our Bookstore and Snack Bar to Baldy Hall next the officers of the Financial Aid Office prove unavailing, door, SBA must demand assurances that the seating and SBA must be prepared to go all the way to Pres. Ketter to service will be adequate in the new snack bar and that a make a case for more equitable financial aid coverage. separate section of the bookstore will be devoted to law The most serious development in this regard is the materials under the experienced supervision of Mary Lou cut-back effective this year in minority student financial Palesh, the current manager. assistance, which has resulted in a drastic decline in minority admissions this year and may reduce aid to Transportation: With the increased number of continuing students next year. In the interests of fairness students on the Amherst Campus, SBA must work with .to minority program students, SBA must oppose any the University to insure that parking near O'Brian remains reduction in the financial assistance upon which they adequate and that bus runs keep pace with rider volume. relied in accepting admission to thislaw school and upon In addition, SBA should make an effort to get the State which they are now dependent for their legal education Department of Transportation to do something about the costs. Millersport-Maple traffic bottleneck, as the situation is bound to worsen once relocation work is begun on Millersportt. VI. OTHER ISSUES * * * * With the exception of governance issues (which follow), other issues likely to arise in the near future include those below, and SBA should move shortly in acting upon them. Calendar Reform: Already the Registrar has drawn up two options for next year, the current fall calendar system and an "early stop" alternative with exams before An "early stop" calendar is«urely preferrable i Christmas. to the current one, and SBA should issue a qualified endorsement of the option, expressing reservations as to the study time before exams (3 days) and the proposal for exams on Saturdays. We would continue to press for the beginning of an "early stop" fall semester in the last week of August,thereby loosening up the tight exam schedule in -1 December. An "early stop" calendar, despite its advantages, should not put students under greater pressures during exam week, and SBA must work closely with the Registrar to guard against this. As to the spring semester, SBA must demand that the vacation period include both Easter and Passover holidays. . * * Law Intramurals: The opening of the "bubble" for intramurals should provide impetus for greater SBA interest in law student intramurals, as better coordination, more publicity, and greater opportunity for women's intramurals are needed. The proximity of the "bubble" should permit better scheduling of free-time recreation hours. usually. CSH: This station "Filled a void." WGRQ is changing, going into PHD's Top 50 format, also lifting PHD's last staff. Are they also going to lift your audience? CB: I don't know. They'll probably take some of ours, and soon, when we go stereo, and compete equally, we'll take some of theirs. We're worlds apart in programming. The difference will become discernible after you listen fifteen minutes. Let them go after their Number Oneaudience. Maybe they'll get it. Who knows? I don't care. Sooner or later we'll reach people. This is a major market. We go where they don't. After a while they'll smell things like computers, mediocrity, repetition, and so on, and thenwe'll have them listening to us. CSH: Will progressive rock continue? It seemed dead. CB: That's because someone took it away. It was always there. The PHD worth saving was two yearsago innovative, fresh. WGRQ has money, can hire anyoneand hype up Buffalo. We're radio where the audience decides. We're selling something people can have free of obligation at home. If they don't like it they can listen somewhere else. Therefor*, il doesn't make sense to tell people, "Hey, we're Number One, we're computerized" Thatcould hurt their credibility. CSH: Are you really 22? V3« h CB: Yes. CSH: Has that been a disadvantage? CB: I donit know. Some people say I'm a child prodigy, a genius, which is embarrassing. Some think you're too youngfor yourbritches, usually senile, or prematurely senile people. CSH: Do you think you'll stay in radio? CB: If things don't work* out here,. communijy ratings, k whatever, I have no urge to'continueSn radio, riot into the "WOLD" trip at all. I have another business I'ffi interested in. CSH: Would you |ik,e to.make a statement? CB: No matter how much you hype up an audience, the bottom line is that the audience decides. Not the guy who blows the money on the air, or the guy who does the commericals, not the man who creates the image and sells the product. The consumer decides, and our consumer is the audience. The audience is under no obligation to listen simply because they heard a TV commercial, radio spot, huge billboard, or anything that said we're gojng to be Number One, because audiences are not that stupid. You can fool some of the people some of the time, but you can't fool most of the people all of the time, or something to that effect. What we offer here is sincere, honest, human radio. We make boo-boos, but I like that. I'm getting tired, sick and tired, of hearing people sound like machines, machines trying to sound like people. Instead of yelling you to death, they'll whisper you to death. That's what radio has come down to in this market. CSH: You won't be givingaway money? CB: Oh no, hell no! We may kidnap people to try and raise money, but No money, no money cars, no hype. . - \ - — Security: Recent incidents of theft and harassment in O'Brian Hall must focus attention on the security Cal Brady is heard wceknights 9 p.m. to midnight on problem. While reluctant to condone an oppressive degree WBUF-FM 93. of surveillance, increased rounds of the building by. Campus Security in the evenings and on weekends might sba be explored. At very least, better lighting is needed in certain areas of the building, particularly the basement, and the first-year lockers should be moved back up to the second floor once the Snack Bar is moved out. * Belated Valentine's Day Social Functions: To meet obvious student demand, SBA ought to increase the number of beer and wine functions in O'Brian Hall substantially, perhaps so that "happy hours" could be held in the building on varied Delayed Grades: The SBA must seek a reduction in afternoons every other week or so. y the deadline allowed faculty for posting of final grades, as continued on put S the uncertainty generated by the present system is often * CSH: How are you goingto collate the audience participation you've asked for? CB: I read all the letters, and try to get a feel to do what people want us to. A lot of people have been writing in, which is surprising. It takes a lot to motivate someone * - J&ifo, "jJ§K|K '^gs^S Wine & Cheese PAriy Fth, Feb. 21 -2.00 p.m. �g«brMaiy2O,l97s: OPINION 7 Opinion ToßeorNotToße Sports The CaliforniaPlan The most formidable of the certification programs in existence is the California plan. It authorizes the certification of lawyers in the fieldsof tax law, Workmen's Compensation, and the defense of criminal cases. For certification as a criminal defense lawyer the plan requires ten years of practice for eligibility under the grandfather clause and five years for those without grandfather rights. The practitioner must make a satisfactory showing of specific experience in handling a certain number of jury trials, hearings and other related matters. In addition, the defense lawyer must demonstrate special SECOND HALF education in criminal law and must pass a W L written examination. Those who enjoy grandfather Cosmic Demons page continued from 3 I rights 1 need not take a written test. An applicant Red's Boys 2 callous practice in the field of criminal law must furnish the names of eight persons 1 seven Dribblers constitutes the most serious threat to the proper lawyers and a judge 2 1 who may vouch for the Schlegel's Bagels administration of justice and simply cannot be practitioner's proficiency in the fieldof criminal law. 1 2 Barristers tolerated. The board also solicits letters of reference from four 1 2 Flyers Judicial alarm has been expressed over these* other lawyers or judges practicing in the applicant's 1 3 distressing episodes of professional ineptness. On community. November 26, 1973 Chief Justice Warren E. Burger FIRST HALF L W complained about the low quality of present day The California plan is being used as a model for advocacy. On December 6, 1973 Chief Judge Irving New York's proposed program Red's Boys* 5 0 now being drafted by 1 Kaufman Schlegel's Bagels expressed of the Second Circuit his 3 the Committee on Specialization in the Defense of 2 unhappiness lawyers over the lack of skill of who Barristers Criminal Cases of 3 the Criminal Justice Section. 2 I appear in his court. He has urged that new rules of Although the problems in California are similar to Dribblers 3 2 adopted to raise the teval of practice in those experienced here, the committee is searching admission be Cosmic Demons I 1 4 the court of appeals. out differences which might require certain Flyers: .1 4 This situation is responsible for the organization variations. However, an immediate investigation of committees throughout this state and across the would seem to indicate that the California plan is for �Clinched playoff berth country to study and develop means for evaluating the most part compatible to New York. I the qualifications of lawyers competent to render The potentials of certification of specialists are 'C.-J ...,-..:RESULTS effective legal assistance in special areas of practice. unlimited. It will not only improve our service to the One of the positive campaigns launched to public and provide an incentive for enhancing our assure a greater degree of professional fitness is a professional skills, but will allow far more control Cosmic Demons 51, Schlegel's Bagels 49 program of certifying lawyers who specialize in the over the standards of our practice. Not as a police Flyers28, Barristers 25 defense of criminal cases. California and New Mexico) force seeking to discipline those who misbehave, but Dribblers 41, Cosmic Demons 34 have already adopted such programs and Colorado, as an affirmative impetus to encourage lawyers to Florida, Kentucky, New Jersey, Oregon, Texas, continually keep abreast of new developments in the Washington, Wisconsin and of course our own state, law. For instance, certification should not be have similar programs under consideration. permanent, but renewable periodically. Certified 'fhe's'e' p'tins"prbvide'fdr the certiftcattdn of the■lawyers' should be 'required to submit to criminal defense lawyer after he has met certaini re-examination every five years to make certain that strict qualifications. Every program initiated so farisI their knowledge and skills are equal to the growing voluntary and merely allows the attorney to notify idemands of their work. the public of his certification. No lawyer will be foreclosed from practicing in any field of lawi An understandablefear has been expressed from because he is uncertified. Other areas ofF one quarter of our profession that certification may specialization under consideration are tax law, become political. Some are worried that the board, Workman's Compensation, labor law, bankruptcy, composed of lawyers and judges, will favor the domesticrelations and immigration law. "status quo" and discriminate against those lawyers Certifying defense lawyers will certainly upgrade who handle unpopular causes. This concern is their performance. But already resistance is i unwarranted but, in any event, such a danger can be by Dave Geringer mounting in certain sectors of our profession. Thisi avoided by fixing standards of certification that are criticism is disappointing because much of it is objective rather than subjective. Requirements that Continuing their winning ways, the wrestling Bulls won four of motivated by self-interest. consist of years of practice, trial experience and their last five contests to pace Buffalo's intercollegiate squads with a We must never become so fascinated with the testing procedures which are objective will not allow 14-2-1 record. The basketball Bulls lost four consecutive times (the art of our enterprise that we lose sight of its human for the exercise of much discretion and should avoid first three in overtime) as their record dropped to 6-13, while the goals service to the public. The people are our discriminatory certification. clients and they must be our major concern. We hockey Bulls dropped three contests, ending their playoff hopes. The Wrestlers' recent successful streak was marred only by a 17-17 must put aside considerations of self-interest and tie against Syracuse at Clark Hall, the first time the Bulls had not won economic gain and focus our attention on the It saddens me that I have had to say some unpleasant things about the legal profession in this at home in four years. Heavyweight Charlie Wright, who ran his public's needs. season's record to 13-1-2, pinned Syracuse's Bill Brown to earn a tie Even though a certification program is article. But I am optimistic about the future. I have against the Orangement. Wright's subsequent last-match victory over voluntary, it is bound to have a healthy impactupon enormous confidence in the young people of this Mackey Tyndall at Brockport gave the Bulls a 19-18 win over the professional competency. 18-b assignments may country who are pouring out of law schoolsand are Golden Eagles, while Buffalo also ripped Ashland (37-6), Cortland eventually go to lawyers who are certified. Attorney rushing to our aid and reinforcing our ranks. Young (33-12) and Guelph (40-6) in preparation for their final regular-season reference services may begin selecting lawyers who lawyers who are spending their ingenuity in trying to have certified specialties. Salary raises in the offices expand the dimensionsof individual liberty and who match against formidableCleveland State. of prosecutors and public defenders may be have forfeited the comforts of commercial success by giving their all to the underprivileged and the influenced by certification. No playoffs Martindale-Hubbell may ultimately carry a foresaken. They have energized our profession, have The hockey Bulls dropped a pair of home contests to Western specialization membership of and enhanced our reputation, and have set an example statement in Collegiate sewedup the Central Michigan 10-3 and 7-4, as the Broncos Hockey Association playoff berth that was on the line in that series. specialized bar associations may be conditioned for all of us. They will embrace a program of After a victory at Brockport, the Bulls saw their ECAC playoff chances upon certification. These factors, which are certification and make it work. go down the drain with a 64 home ice loss to American International. illustrative only and are by no means exhaustive, will If we are to fulfill our compact with the The basketball Bulls lostall four.of theirrecent contests, falling in make certification attractive for 1most lawyers. Once a system of certification is installed and community, we must devote ourselves unsparingly to Overtime to Geneseo (77-70), LeMoyne (83-77) and Youngstown (100-98) before a 97-80 defeat at powerful Central Michigan. Geneseo the profession becomes accustomed to it, resistance the task of improving our skills and raising our tied up their contest with the Bulls in regulation time as a rebound of a from remote areas will wear down and more and standards of practice. Patience is a virtue we can no missed free throw caromed into the basket off the head of Bull center more lawyers will seek that official designation. longer afford. If our profession is to continue toplay When the program has received full acceptance and a role in influencing the destiny of our people, then Sam Pellomm. embraces all of our members, then the time may a rigorous and unflaggingsense of integrityand pride come when our courts will insist upon certification of professional achievement must be qualities prized Postel burns Buffalo two-point lead evaporate as a prerequisite to the trial of a criminal case or above all others. When the time comes that a At Memorial Auditorium, Buffalo saw a at the buzzer as Youngstpwn's Steve Postel canned a 35-foot jump other special form of litigation. Obviously this certification program is submitted to the bar for Shot at the end of regulation time.Postel subsequently hit a jump shot circumstance involves some very serious approval, hopefully it will be welcomed and {with five seconds remaining in overtime to send the Bulls down to considerations and due process consequences that ultimately adopted. And perhaps tomorrow our against will have to await a time when we are closer to that profession will be restored to its rightful place of b«fea,ti,<e?ffalo, concludes its schedule withiliome contests being the most noble of all. reality. Tuesday and crosstown rival Buffalo State March 1. Basketball Standings . . - - • .. > '•, ,, Wrestlers Pace Bull Sports ,, : — fcodiertwiwM — �February 20,1975 OPINION 8 Bowie, Alcock, Edgette, & Zaetsch: Platform, Gerasia, Falk, Dayis, monthly round-tabie conference of — Novack& Solomon: representatives and SBA officers, for mutual exchange VII. • information. Especially time when the law school's MasterPlan a Platform SBA has often, and justifiably, been criticized for the decade is about be debated by the faculty, it is committee, of; continuedfrom page 6 SBA BUDGET at most for delay in the vouchering of organization budgets and supplies, this process sometimes taking months and undermining organizations' relations with creditors. No organization should have its programs disrupted because of either SBA or Sub-Board lassitude, and if Sub-Board is unable to process SBA vouchers more effectively, then SBA should investigate the possibility of handling its own budget and issuing checks directly through a bonded Treasurer. Other student governments in the SUNY system have found budgetary autonomy both more efficient and less expensive, and SBA should at least explore the possibility of avoiding the Sub-Board bureaucracy. As for the budgeting of student funds, SBA holds such funds as a public trust, collected as they are through a mandatory assessment, and should make allocations only after serious consideration of the benefit that will accrue to the student body fromeach allocation. Every allocation request must receive a full and fair hearing, but funds should never be allotted, as they unfortunately have been on occasion, in a knee-jerk fashion on the basis of ideology or vested interest alone. Lastly, with the expansion of the student enrollment, SBA has been accumulating surpluses from fee receipts each year, even with full funding of all existing activities. Consequently, to eliminate the surpluses, we propose either a liberalization of the fee waiver criteria, so that debts other than education loans could count in a student's total indebtedness, or an actual reduction in student fees to a more reasonable level. X. LEGAL RESEARCH PROJECT SBA currently funds several academic activities such as Moot Court and Buffalo Legislation Project, which facilitate the development of student legal skills, and the SBA should develop yet another, a Legal Research Project which would provide a large number of students with clerkship experience in the researching of legal memoranda. The Project would operate by soliciting the alumni and local practitioners for various legalproblems for which they need research done. Students interested in the particular problem would be assigned to research it, draft a memorandum on it, and transmit it to the practitioner through the Project. The Project would, consequently, be providing the equivalent of clerkship experience to students without office jobs, potential employment contacts with practitioners for whom students complete assignments, and possible income to the students through charging practitioners for the work at a reasonable per page rate. - continued from page 4 in state financial aid are preventing many students who may have been admitted to the law school from accepting. We would also urge that the Admissions Committee formulate its policy to review all applications on their individual merits, rather than placing too great an importance on paper scores [LSAT and GPA]. recent cuts (2) In the past, universityrecruitment of minority students has been, in part, facilitated by the granting of tuition waivers to those students in need. This form of financial assistance is slowly being eliminated. The University should be pressed to fulfill its committment to those who are presently enrolled, and should explore the possibility of fully re-establishing the tuition waiver program or of finding alternative means of financial aid. This University has the responsibility to provide a legal education to well-qualified minority students, and selective budget cutting should not be used as a reason for virtually eliminating the minority student program. Buffalo Chips AT THE POLLS VIII. SBA CONSTITUTION As has been recognized for over a year now, the SBA Constitution, once adequate for a small school on Eagle Street, is now simply unsuited to the organization's operations. A constitutional revision committee, activated last spring but since defunct, must be reactivated and urged to finish a revision for submission to student referendum in September. While flexibility as to possible revisions needs to be preserved, one suggestion deserving consideration is to replace obsolete SBA committees with ad hoc task forces of students interested in investigating particular issues. Such task forces could be created and dissolved as the need requires, thus preventing the institutionalizationofinactive committees. IX. SCHOOL GOVERNANCE While students are adequately represented on most faculty committees here, a perennial defect has been the lack of communication among the student committee representatives, the SBA, and the student body itself. This defect in the governance structure, attributable to the absence of any formal communication channels linking faculty committees and the SBA, has put the SBA at a constant disadvantage in dealing with faculty and administrators who have a more comprehensive view of developments due to greater communication. The remedy we propose is the creation of the needed communication channel, through which student committee representatives might be able to inform one another of developments in each other's committees and perhaps even agree upon common approaches to various issues. One possible mechanism for this could be a � to imperative that student representatives be able to play a more active role on their respective committees and assume a more equal partnership with the faculty. In its dealings with the law school administration, SBA must negotiatealways in good faith and readiness to compromise, but on the other hand, SBA officers must be willing and able to forthrightly defend student interests. In each SBA election, though the student body is invited to go to the polls, what unfortunately often happens is that a minority of the student body actually will determine the directions of ihe SBA for the coming year. This is indeed doubly unfortunate, since it often means thai SBA's potential to benefit so many students will actually benefit only .1 few and that the whole organization will become moribund once ihe needs of those few are satisfied. Some will undoubtedly go lv the polls to vole for their friends, others to protect the SBA funds Ihey receive, and still others to project some sort of ideology through SBA, but these voters are often the ones who least perceive the public trust that rests with SBA. This pisiform is devoled to benefiting the majority of students at the law school and is premised upon the assumption thai this can be done without partisanship or the exclusion of any special interesl. We are a community of under 800 students in one relatively isolated building, and while we all have our ideologies and our special interests, the rancor and divistveness that have arisen in SBA at times have been simply unnecessary in such a closely-knil community. As long as SBA is open lo students of all perspectives and interests, striving always for reasonable compromises, we feel that the public interesl will be served. To insure this, responsibility rests upon each student even more than upon the SBA candidates themselves, a responsibility to weigh the merits of the platforms and to take the time to vote. We have done our best to construct a responsible platform on which qualified candidates, regardless of their differences, could run. The rest, as always, is up to the voter. ISBA ELECTIONS FEB. 26 & 27k ■/ EXECUTIVE OFFICERS H^~~~ 13. - , J ■ 1 1 ' BT^^bßB7 I-'- I I-' 1 I 1 I " FEDERAL TAX Z ' I l~ — —j - ■continued from page 3 A number of investor-owned electric utilities take particular advantage of this special tax provision. Consolidated Edison of New York, the nation's largest electric utility, qualifies 100% of its dividends as tax-free, and has paid out $368.6 million in tax-freedividends since 1954. Some economists and accountants, as well as the general public, find it particularly difficult to understand the justification for providing income tax benefits of this form and magnitude to the investor-owned electric companies and their stockholders. Conclusion PRESIDENT, Ist VP, 2nd VP, TREASURER & SECRETARY J IST & 2ND YEAR DIRECTORS ,/ FACULTY-STUDENT RELATIONS BOARD � VOTING ALL DAY � 2nd Floor, near Library Please read the Candidates' Platforms In This Issue of (Answer to last issue's Puzzle) Opinion The combined effect of the tax benefits provided to electric utilitieshas been to substantially reduce their tax liability. Between 1955 and 1972, while the amount of revenues increased from $7 to $25 billion and net profit from $1.2 to $4.4 billion their federal income taxes actually declined. Taxes as a percent of revenues declined from 13.6% to 3.5%, and taxes as a percent of net profit declined from 79% to 20%. In fact, theutilities paid $229 million less in income taxes in 1972 than in 1970. During the past 20 years, while the taxes of investor-owned utilities were declining, per capita income taxes of individuals more than doubled and corporate taxes increased by 50%. The experience is clear that to the extent a major industrial sector can derive substantial tax benefits, the tax burden is shifted to individual taxpayers. Corrective tax policies can be developed and adopted only through responses from an enlightened and contented public. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-02-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/20/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/764486d90ad00b9938f0c37e182ef706.pdf 21f4f942dcb3e1db0d06bddf4522bb1e PDF Text Text Non-profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume IS, Number 7 State University of New York at Buffalo School of Law Plans for "Early" Calendar Drawn by Ray Bowie Two options for scheduling the 1975-76 school year, including one which provides for fall exams before Christmas, are reportedly under study by the Registrar's Office. The two options, prepared by Registrar Charles Wallin, are being drafted for presentation to the Budget and Program Review Committeeand the SBA. The first option provides basically for the status quo, with exams after the winter break and spring vacation coming within threeweeks of the start of the spring 1976 semester. The second system, however, incorporates the provisions of an early start/early stop calendar long advocated by many law students. Mr. Wallin believes that the Law School could operate under either option. The early stop/early start calendar stipulates that classes begin right after Labor Day [Sept. 1] on Sept. 2, that Columbus Day and Veterans Day be eliminated as holidays, that classes end three days before exams in December, and that exams themselves conclude by December 23. The spring semester, accordingly, would begin January 12 with the rest of the University, breaking for spring vacation on March 6. Mr. Wallin notes that the advantage of the early start/early stop stop proposal would be its provision for exams before Christmas, while avoiding the necessity of beginning classes in August. Its disadvantages lie in the fact that only three days would be available as a "study break" before exams start and that exams might have to be scheduled on two Saturdays. He invited student reaction to the comparative advantages and disadvantages through the SBA and asked thatstudents direct their comments to SBA. In a referendum conducted two years ago, students generally favored exams before Christmas, but it is unknown how they might react to other provisions of the proposed calendar. The fall semester, stated Mr. Wallin, cannot be started earlier in August due to faculty commitmentsand student employment in that month, and hence the brevity of the study break in the proposal is inescapable. Mr. Wallin also reported that 128 students had petitioned for a change in this spring's vacation to encompass Easter and Passover, but thatit was too late for the University to modify the calendarthis year. Next year, spring vacation will encompassboth holidays. Mr. Wallin's primary concern in drafting an early start/early stop option for the fall is the increasing difficulty the Law School is experiencing in meeting the deadlines imposed by the University Admissionsand Records Department for adding and dropping courses in the spring. Since the Law School is generally two weeksbehind the rest of the University in beginning its spring semester late in January, deadlines affording plenty of time for other departments to meet often give short notice to law students just returning to school. The calendar option would, then, bring the Law School into conformity with the rest of the University. Both options will remain under study until BPRC and SBA input is obtained. « Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 February 6,1975 Placement Job Filled: Controversy Looms In an action undertaken in the midst of fall semester examinations, Provost Schwartz has, upon recommendation of an alumni search committee, named 1974 graduate William Flynn to the newly-created post of Assistant Dean for placement and alumni relations. Shortly after the Provost's action became known, students on the placement committee, which was to have been consulted on the search, protested to SBA that students had been afforded no opportunity to participate and that the appointment failed to meet the job qualifications. Provost Schwartz has reportedly conceded the exclusion of the students but defended his quick action as necessary to avoid the impending hiring freeze.He has also defended the appointment, noting that the alumni were "very enthusiastic about Flynn." Provost Schwartz admitted or, the duties of which involve developing placement contacts with that "the search was rushed due firms, corporations, and government agencies in and beyond Western New York. An outside placement director has been repeatedly promised students for over a year, but efforts to obtain an administrative line for the purpose proved unavailing until late in the fall, when a PR-3 line, bearing an $18,000 salary, was acquired by the Law School. Advertisements were placed in various legal journals,and a search mechanism- was established to review applicants, the student placement committee being insured of a role in the process. According to what several placement committee members reported to SBA, there were 38 applicants for the position,all of whom were refected by the alumni search panel. Mr. Flynn, it is understood, was recruited subsequently in an informal second search. At no point, The post to which Flynn has they asserted, were students been appointed includes the func- allowed to participate in this pro tion of outside placement direct- ccdurc. to the hiring freeze" but claimed that efforts had been made to contact placement committee students when interviews were be- ing conducted and that the students contacted were unavailable to attend due to exams. He stated that an alumni panel consisting of Judge Rudolf Johnson, Judge M. Dolores Denman, Robert Koren and Harold Brand had screened candidates and recommended Mr. Flynn for the post. The appointment, he added, had been approved by the University's affirmative action panel and has been sent to Albany for final authorization. The Provost declined to make Mr. Flynn's resume available or to release the job description written for the Assistant Deanship post, preferring to withhold them until the appointment is finalized. Mr. Flynn graduated U.B. Law School last year, having served as a Law Review editor in his senior year. - Entering Class Reduced by Ray Bowie At its first meeting of the new year, held during final exams, the faculty agreed to accept the recommendation of its Admissions Committee to reduce the size of the entering class each year from 300 to 265 or 270, thereby insuring a student body no larger than 800 students. The original projection that a student body of 800 could be obtained by admitting 300 each year was, the Committee reported, premised upon the fallacious .is- sumption that attrition would average about 15% in each class. Experience with recent classes has, however, indicated that attrition actually is no more than 5% of each class. With the entering class of 1973, a total 322 were admitted into the first year, while the following year, only 300 were accepted as the entering class of 1974. Even with that reduction, however, the Admissions Committee felt that downward attrition rates justified a further reduction next year to 265 or 270 in order to maintain the faculty's goal of 800 students. An increased number of first-year students were reported to have left school this fall due to financial reasons, but this is not expected to materially alter the expected 5% attrition in that class. With only 265 or 270 students in the first year, Provost Schwartz thought that perhaps only three first-year sections might be required in the fall. The reduction in class size would, he estimated under current circumstances, release approximately V/i faculty lines from first-year teaching for the teaching of upper-class offerings. Questioned as to what the school would do if the five promised law faculty lines do not eventually materialize, the Provost opined that the entering class would be cut still further to prevent a worsening faculty-student ratio. The Admissions Committeealso expressed its concern over the fact that five out of six applicants are never reviewed other than on the basis of their LSAT scores and GPA, and that the Committee would prefer a more individualized-review over this "mechanical" process. The Committee recommended that the school seek a full-time admissions officer to provide this individualizedreview was for more of the approximately Prof. Schwartz interviewed only "be concluded, Schwartz dust-gathering recommendations by Jean D. Harnett of the Buffalo 3,000 applications received by the unless there's a follow-through." Courier-Express early in January. continued otfpagt 2 Carey Appoints Schwartz to Panel Prof. Herman Schwartz, teacher of criminal law at the Law Schooland a member of the Attica Legal Defense Committee,has been appointed by Gov. Hugh Carey to his new Law Enforcement Committee, which is to investigate total reform of the state's criminal justice system. While stating that he did not yet know the exact charge of the Committee, Prof. Schwartz noted that his primary concern was the whole prison system, "which seems to me to be at the heart of the entire system." Originally, he had expected a separate committee just on the corrections system but now assumes that it was merged into this single committee. Corrections Will, he said, receive sufficient consideration in the overall reform practice only if other committee members have a particular interest in it, but "most concern seems to be with thepreconviction stage." As for specific recommendations, Prof. Schwartz urged "a radical re-doing of the whole parole system," of which he said that "it's irrational, it's expensive, and it doesn't do much good." Citing the McKay Commission report, he described New York's correctional system as "one of the most backward in the whole country." The success of the Committee will, he assessed, depend upon "the reception of ideas outsideof the committee," particularly by the Governor's council and the Legislature. "There will," ... continued on page 2 - �FallLaw Review Available Editorials Giant Step Backwards ... so goes the One step forward, one step back development of relations between the administration and Having lauded the faculty's just students at this institution. good faith in consulting students widely on major issues last fall, we must deplore the administration's failure to consult students, or even inform them forthrightly afterwards, on the recent appointment [see story, p. 1 ] of the outside placement director long sought by and often promised to students. Despite the unflagging interest of the students on the Placement Committee, the administration conducted the search in unnecessary secrecy, contacting a few students at a stage too far along for them to participate at all, and then made a rushed appointment questionable from the standpoint of the job description. The "we-had-to-act-quickly-or-else-lose-the-opportunity-forever" justification, heard so often by students following their exam or vacation periods, is simply implausible in a case where a search was planned for some time, where it was known that the placement committee students were available and anxious to participate, and where the administration made no effort to inform anyone of the appointment even afterwards. It is hoped that the Placement Committee and the SBA do not simply acquiesce in what can only be described as an insult to legitimate student concern over placement services. Where the faculty took a step forward in student consultation last fall, it is regretable that the administration has taken such a giant step backward so early this spring. SBA In Review As the terms of this past year's SBA officers and representatives draw to a close this month, it is only natural that law students might review the performances this year of those they elected to represent them, before voting upon those who will represent them next year. In retrospect, the performance of SBA since last March has been somewhat mixed, almost inevitably the situation when some representatives sincerely work for the student welfare while others seem interested only in resume credit. Like most of his predecessors, SBA President Don Lohr has devoted herculean efforts to coordinating the various undertakings of the SBA, indeed sometimes shouldering the burdens of such undertakings himself when others were unwilling. Similarly, Treasurer Ed Zagajeski and Ist Vice President Laura Zeisel have done much to invigorate two offices which have been marred by either poor management or relative inactivity in previous administrations. On the negative side, 2nd Vice President Rosemary Gerasia Roberts and, Secretary Paul Equale have done no credit to their offices, having failed more often than not to properly perform even the basic constitutional duties incumbent upon them. Of the SBA directors, practically all have shown themselves conscientious in representing their classes, but unfortunately few have actually taken the initiative in proposing SBA action. Generally, those directors who have served on the more active SBA committees have done a commendable job. Weighing the positive and negative, however, it is unquestionable that the SBA has served both as an available forum for the presentation of student concerns and as an efficacious conduit to the faculty and administration. While the student body must still insist upon highly competent SBA candidates to insure the continued credibility of SBA next year, this year's SBA has, with only a few individual exceptions, at least laid the groundwork for that credibility. SBA Belated wfyy / jffi 'jSy February 6,1975 OPINION 2 t Valentine's^jsgji^ Wine & Cheese Party Fri., Feb. 2), 1:00p.m. Ist Floor, O'Brlon Hall \ The Fall issue of the Buffalo States of the Geneva Protocol on Law Review is now available for chemical and biological warfare, purchase in the bookstore,and for by Linda Fentiman; an assessment distribution to subscribers in of the impact of an implied warranty of habitability in New York, Room 605. The Review containsarticles of by Matthew Greenblatt; a comment on the constitutionality of legal analysis by professional attorneys and scholars, and student employment restrictions on resimembers of the Review. The cur- dent aliens, by Susan Bass Levin; rent issue contains, an article on and an examination of some probSection 357(c) of the Internal lems of insider trading of securiRevenue Code, written by Profesties under Rule 10-b 5 of the Se' sor DelCotto, and further analysis curities and Exchange Act, by of the constitutional conception Judith Levitt. of i mpeachment, by Professor Franklin. Norman Marcus, counsel The single copy price for to the New York City Planning Commission, analyzes some cur- students is $2.50, at the bookrent developments in the police store. Subscriptions to the Review of blue to Law Review cover powers of regional, state and local may be arranged at the Buffalo Touch design adds flair to battleship grey. governments to protect threaten- Law Review offices, Room 605. ed urban resources. Lawrence M. Friedman has contributed "Notes Toward a History of American Justice," which is an article adapted from the Mitchell Lecture which Porfessor Friedman delivered here in 1973. Student contributions include Both the law bookstore and the o Brian snackbar will, according an article on self-executing execu- to administration sources, be moved next September to Baldy Hall, the tive agreements, by Richard building adjoining O Brian in which the Education and Philosophy Cohen; a discussion of the pro- departments will be located next fail. posed ratification by the United Particular arrangements are still unclear, but it is understood that the snack bar facility in Baldy will be considerably larger than the one now in O'Brian, accommodating a much larger number of people, while the bookstore will be part of an operation that will also carry the education and philosophy materials. Mary Lou Palesh, Law Bookstore continued from page J Manager, assumes that management of the law materials in the new He is currently understood to be facility will remain the same. preparing to retake the Bar Exam Some earlier plans had proposed relocating both the bookstore in March. and snack bar in a renovated area of the O'Brian basement, but If approved by Albany, Mr. according to Registrar Charles Wallin, the costs of properly renovating Flynn would join the administrathebasement found to be prohibitive. tion on March 15. His one-year appointment as Assistant Dean would, said Provost Schwartz, constitute a trial period. Also joining the administration On Saturday morning, January Passover seders are Wednesday this semester has been Erica 4, there was a fire that totally night and Thursday night, March Federman, who has been appointdestroyed the UB North Campus 26 and 27, and Easter Sunday is ed to a PR-2 line as Assistant to Chabad House, which was located March 30. Since both of these the Provost on a temporary basis at 185 Maple Road. The Chabad holidays fall during the same pending completion of affirmative House, which opened last spring, only proper that the it is week, action search procedures. Ms. was designed in part to serve the school change its calendar to have Federman previously worked with needs of Jewish law students. Des- vacation that week. We urge all Univeristy Libraries. pite the fire,Chabad will continue students to join us in urging the to serve the North Campus in var- Law School to change its calenious ways. dar. Starting on Sunday evening, At present, a non-credit course in Talmudic Law as it isrelated to February 24 and continuing until the Jewish legal system is being sunset on Wednesday, February planned. The course, which will 27, is the Jewish holiday of be taught by Rabbi H. Greenberg, Purim. This holiday, which is celeOnce upon a time a very will cover areas such as torts, fam- brated with the reading of the grouchy man walked into a saloon ily law, contracts, communal rela- Megilah and marked by joyous and asked for a very dry tionships, etc. Where possible, parties, commemorates the saving Beefeater's martini. The parallels, with Common Law will of the Jewish population from death at the hands of Haman by bartender, wanting to know what be drawn. garnish the man wanted in his In the near future, it may be Queen Ester. The Megilah will be drink, asked, "Olive or Twist?" possible to get kosher food in the read on Monday night, February The grouchy man said, "Oh, the Law School. The problem is being 25. Dickens with you!" and walked worked on at this time. The J LSA now has an office. It put. As of this date, the calendar is located behind the Moot CourtGary Muldoon for this semester allows for Spring room and is shared with PAD and Vacation the week of March 8-16 Law Spouses. Anyone seeking more information on any of the Number Volume 15, 7 above should check there for HOI I February 6,1975 office hours, or see Richard Glick, Carl Heringer or Usher Fogel. Editor-in-Chief: Ray Bowie ' Snack Bar, Bkstore To Be Relocated , , Job Filled JLSA News Trenchant Observation . finininn U|JII Managing Editor: Matthew Leeds Photography Editor: Eric Zaetsch Features Editor: Louise Tarantlno Sports Editor: Oave Gerlnger Alumni Editor: Earl Carrel Business Manager: Allan Mantel Staff: Class Reduced JeffChamberlain, Gary Muldoon,Carl Herringer, Dick Click Lewis Marks OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law Feet. - continued from page 1 Committee each year. Provost Schwartz indicated, however, that placement had a priority foravailable administrative lines and that there was no serious problem yet with admissions applications that might justify a different priority. �Februarys, 1975. OPINION 3 End of the Bar by Credit-Free Course: Cases & Controversies Current Events Jeff Chamberlain "Nobody ever went broke underestimating the distribution geographically. Harry Reasoner said of American public." Coors: "It's a good beer, but one of the nice things -H.L.Mencken about life is that there are a lot of good beers." 6. Letter of the Law Department: Associated In the six-or-so weeks since the last issue of Press reports that a twenty-one year old woman deep Opinion, little if anything worthy of mention has in a coma for more than a year has been sued for occurred. This, however, has never stopped me trespassingby a hospital seeking her eviction. before, and will not now. I have carefully culled 7. Parade magazine published an article about hundreds of sources for the following bits of the effects of co-habitation on college students, news/trivia, which perhaps you missed when you which included this piece of statistical legerdermain: were studying for examinations or vacationing in "Half the students claimed that their relationship Florida. had no effect on their studies. The remaining half taste of the 1. The YouVe-Come-A-Long-Way-Baby Award for 1974 goes to the manufacturers of "Dismiss," a disposable douche. They will receive a copy of a book entitled Are Children Neglecting Their Mothers: New Roles for Women, Men, Elementary School Pupils and Dogs. The purported author, Hadley V. Baxendale (get it?), is described, redundantly, as "the last remaining male chauvinist psychologist." The book analyzes such momentous questions as "Does Semen Have A Soul" and "Whither Penis Envy." A quotation: "There is a lot of dirty linen in the world, and girls are biologically ordained to do the laundry." Doubleday, $4.95 at all booksellers. 2. Ron Ziegler won the "gobbledygook" category of the Doublespeak Awards for this answer to a question from reporters about whether a batch of Watergate tapes were still Intact: "I would feel that most of the conversations that took place in those areas of the White House that did have the recording system would in almost their entirety be in existence, but the special prosecutor, the court, and, I think, the American people are sufficiently familiar with the recording system to know where the recording devices existed and to know the situation in terms of the recording process, but I feel, although the process has not been undertaken yet in preparation of the material to abide by the court decision, really, what the answer to that question is.." i 3. Ori the same evening that Channel Two reported a "low temperature for-the day" which was four degrees higher than the "present temperature," John Chancellor paid a tribute to the inventor of the Bloody Mary. Earlier in that newscast, Chancellor had loosed another of his thinly-veiled attacks on "that dangerous drug,"marijuana. 4. The Business of America is Business department notes that General Motors is advertising that a 1975 Chevelle can save "up to" 810 gallons of gasoline over 50,000 miles, compared to the 1974 model. This savings is estimated at about 25%. I'm no mathematician, but as I figure it, this means that a 1975 Chevelle gets about thirteen milesper gallon, while a 1974 model gotabout eleven. Thanks a lot, GM. 5. Fatuity Department: On January 16, ABC News carried the story of the Coors beer Supreme Court decision, which limited Coors' right to restrict , . . - - - Feb. 7, 1:00 2:30. Room 209 Cases: Marbury v. Madison, 1 Cranch. 137, 2 L.Ed. 60 (1803); Hayburn's case, 2 Dall. 409,1 L.Ed. 436 (1792); Tutun v. U.S., 270 U.S. 568, 46 S.Ct. 425, 70 L.Ed. 738 (1926); U.S. v. Jones,U9U.S. 477, 7 S.Ct. 283, 30 L.Ed. 440 (1886). were divided between yes and no." 8. Finally, the major news event of the past six Feb. 14, 1:00 2:30, Room 209 Cases: U.S. v. Johnson, 319 U.S. weeks was the Superbowel. In this year's version, the 302, 63 S.Ct. 1075,87 L.Ed. 1413 (1943); Hall v. Beals, 396 U.S. 45, major competition seemed to be between sponsors, 90 S.Ct. 200, 24 L.Ed. 2d 214 (1969); Sibron v. N.Y., 392 U.S. 40, 88 with Zenith and RCA slugging it out for first place in S.Ct. 1889,20 L.Ed. 2d 917 (1968); Muskrat v. U.S., 219 U.S. 346, 31 the color TV market, Goodrich trying to distinguish 'S.Ct. 250, 55 L.Ed. 246 (1911); United Public Workers v. Mitchell, itself from Goodyear, and Ford and Chrysler 330 U.S. 75, 67 S.Ct. 556,91 L.Ed. 754 (1947); DeFunis v. Odegaard, Value-ing and Rebate-ing like crazy. The game itself 94 S.Ct. 1704(1974). was dull. Even the sportscasters were not up to their usual form. I counted only eighteen mentions of "a Feb. 21, 1:00 2:30, Room 209 Cases: Tileston v. Ullman, 318 critical ptay for 'em," alhtough three of those U.S. 44, 63 S.Ct. 493, 87 L.Ed. 603 (1943); Flast v. Cohen, 392 U.S. "changed the complexion of this ballgame," and two 83, 88 S.Ct. 1942, 20 L.Ed. 2d 947 (1968); Sierra Club v. Morton, 405 were "the big play of the game." I learned from Curt U.S. 727, 92 S.Ct. 1361,31 L.Ed. 2d 636 (1972). Gowdy that "breaks are going to determine the victory," and that in football "it's the little things" Feb. 28, 1:00 to 2:30, Room 209 Cases: Eisenstadt v. Baird, 405 that make the difference. "Things" "turned around" U.S. 438, 92 S.Ct. 1029, 31 L.Ed. 2d 349 (1972); U.S. v. Raines, 326 at least four-times, generally as a result of "big U.S. 17, 30 S.Ct. 519, 4 L.Ed. 2d 524 (1960); Coates v. Cincinnati, factors" (four times) and "keys" (five). After each 402 U.S. 611, 91 S.Ct. 1686, 29 L. Ed. 2d 214 {1971); Baker v. Can, team tried to "establish the running game" (seven), 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed. 2d 663 (1962). the game turned into a "tight defensive struggle" (a classic four times). Indeed, Al Deßogatis noted that it was "one of thebest defensive games I've seen this half." The Pittsburgh defense was "awesome" (thirteen), while Minnesota needed to "open it up a little bit" if they wanted to "get back in this football game" (four). "Time was running out" at least four Chinese Law and a joint seminar by Lewis Marks times, including one "there ain't no tomorrow," and with John Hazard in Law in the the Minnesota fans "haven't had much to cheer about." There was the requisite smattering of On February 12th at 12:00 CommunistWorld. "brand-new-ballgames," "whole-new-outlooks," and p.m., Randle R. Edwards, ProPrior to his Columbia appoint"game-is-a-long-way-from-overs." It was Chuck fessor of Law, Columbia Uni- ment, Professor Edwards served Noll's "greatest moment in his life," and of course, versity, will be speaking on "Legal for eight years as Research Assothe statistics were "incredible." "Bradshaw loves to Aspects of Sino-American Trade," ciate in Law at the Harvard Law run" was repeated so many times that it became a i n the faculty lounge on the School East Asian Legal Research cliche the only legitimate newcomer to fourth floor. The talkis sponsored Institute. During this period he sportscasters' jargon from the game. Second only to by the International Law Club, helped develop the program in the cannonization of Art Rooncy, the most and will be followed by a question East Asian legal studies at Harvard "interesting" (four) and "exciting" (three) thing and answer period in which such Law School, served as the Instiabout the afternoon was the babbling of Al diverse questions as the possible tute's acting director for one year, Deßogatis. In addition to an obligatory "this is effects of the new Chinese Con- and lectured in Chinese law at hitting the way football was meant to be played," Al stitution on trade may be address- Boston University Law School. Professor Edwards' education cleverly anticipated the Steelers' game plan: "When ed. they've got the bail they want to keep it. When they Professor Edwards has been a includes a joint LL.B. from Harvard Law School and an AM in don't they want to take it away." "They say," said member of the Columbia Law Al, "you win it in the trenches,"and as for the most School faculty since 1973. He is Regional Studies in East Asia valuable player, "If you had 22 footballs you'd have presently teaching courses in from Harvard University (1964). to give one to each one of them." And, believeit or Chinese Criminal Law, the Previous to that he served in the not, there was even a reference to "a game of People's Republic of China and U.S. Navy, where he received continued on page 4 In ternational Law, Seminar in inches." Federal Tax Z: - ' - — - - , - Chinese Law Expert To Speak Feb. 12 — - A Study of Federal Tax Benefits Of Investor-Owned Electric Utilities by Gerald R. Schultz Thiscolumn will discuss tax reform and the effects of the existing tax system, two subjects that receive little or no attention in the tax courses offered at this school. It is my position thatIt is equally important to learn the effects of the law one Is dealing with as to learn the law Itself. It Is also my position that the federal tax law as It is now written operates to bias subsidize the rich and corporations and that this should bereversed to favorthe non-rich. The following is an article written by Donald E. Smith, staff economist for the National Rural Electric Cooperative Professor Al Katz will be offering 4 lectures on Cases and Controversies in the Federal System. The lectures are open to all and are credit-free. There willbe no examinationsofany kind. The lectures are designed to deal with matters for which there is little timeavailable in the standard courses to which they relate. Those who plan to attend are advised that the lectures presuppose some familiarity with the cases listed below. Association: The investor-owned electric utilities enjoy very substantial special Federal income tax benefits amounting to hundreds of millions of dollarsannually. Perhaps more important, not only has the tax liability of the power companies been shrinking in recent years, but it will become even smaller as a result of new tax legislation passed in late 1971. The special tax privileges of the investor-owned electric utilities may be categorized into three principal types: investment tax credits, accelerated depreciation, and non-taxable dividends to stockholders. This paper discusses each briefly and provides figures indicating the extent of benefits of each. The investment tax credit is designed to stimulate investment in new plant and equipment by reducing the investors' Federal income tax liability by a percentage of eligible investment. It was approved by Congress in 1962 to stimulate a recession economy, but has remained in effect during 10 of the past 12 years (1962-73) notwithstanding changing economic conditions.. Under the 1962 law, investor-owned electric utilities of 3% of received a credit against Federal income tax plant and eligible investment. Because investment in new equipment increased from $3 billion in 1962 to $10 billion in 1970, the tax savings from the investment tax credit to the electric utilities during that period was $977,747,025. Of this nearly $1 billion in tax savings of electricutilities, $338.7 million has been passed on to consumers through lower electric rates. The remaining $639.1 million has been utilized by the utilities themselves and constitutes an outright government grant to them. Through legislation passed by Congress in late 1971, the investment tax credit to the power companies was increased by 25%. Power companies may now qualify for tax savings of 4% of their investment in new plant and equipment. With capital expenditures estimated to be $17.2 billion during 1974, this will mean potential tax savings of up to $688 million in that year alone. And, unless the investment tax is repealed, investor-owned electric utilities may enjoy investment tax credit benefits during the next 10 years totalling approximately $10 billion. In 1971 the Treasury Department announced liberalized depreciation regulations (ADR) which offered the investor-owned electric utilities a tax savings amounting to $150 million during 1971 and increasing to $500 million annually by the end of the decade. This is accomplished by allowing businesses to depreciate plant and equipment acquired after January 1, 1971 at a 20% greater rate than before. Later in the year, Congress modified the ADR by reducing its effect in earlier years, and by liberalizing therepairs allowance provision. The tax savings to the electric utilities under the new accelerated depreciation provisions amounted to approximately $100 million during 1972. - concluded next issue _ �OPINION 4 February Basketball Bulls Turn Turn Season Around by of the Screw lan DeWul This column will consist basically ofreminders of administrative details that should be cleared up quickly to meet with university deadlines and by Dave Geringer Reversing a losing trend that had plagued their first semester action, the basketball Bulls won five of their last six contests after the spring term began and turned a 1-8 record into a respectable 6-9. The hockey Bulls saw their ECAC playoff chances severely jolted in crucial Division II losses at Hamilton and St. Anselm's, while the Bull wrestlers posted six wins while suffering their first two losses of the requirements. The most important date to remember is February 7. By that date all registration must be completed. Please be sure to have a registration card in your possession by that date which completely lists all the courses for which you wish to be campaign. registered in the Spring term. Admissions and Records is being quite strict this semester and will The Bulls' recent basketball success was marred only by a one point loss to Canisius (75-74) at Memorial Auditorium January 20. The Griffins met Buffalo for the first time in twenty years, and only a pair of missed one-and-one free throw opportunities by the Bulls' Jeff Baker and Gary Domzalski allowed Mcl Montgomery to sink the winning basket for Canisius. Co-captain Bob Dickinson turned in his finest outing of the season, hitting 19 of his 21 points in the second half to bring Buffalo back from a 47-30 halftime deficit. 6.1975 not allow any course additions after that date. This includes registrations being delayed because of problems with Minority Tuition waivers. (f your registration has been checkstopped because of an outstanding bill please clear it up immediately. and the Parents' Confidential Statement oortions l the financial aid application should have been filed by February 1, 1975. If for some reason you have not yet filed these forms do so immediately to minimize the damage to yourchances of receiving an award. Please also keep in mind that Form UB is due March first. In order to participate in any activities at the University during the Spring semester which require the use of an I.D. card, you will need to have your card validated for this semester. I.D. cards can be validated in the basement of Foster Hall during business hours. Bring your I.D. cardand your class registration card. If you have not yet heard anything from the Scholar Incentive Bureau you should write to Albany and inquire as to the whereabouts of your application. Remember that the final date for Scholar Incentive applications for this year is May 15,1975. No exceptions are made. Another date which has already passed was of equal importance. The Student Financial Statement Home sensational Otis Home topped Dickinson's performance with a 38 point spree as the Bulls trimmed Catholic University at the Auditorium 87-78 on January 25. Home, who ended the game just three points shy of the all-time record for points in a contest by a Bull, was voted to the by Earl S. Carrel ECAC's All-Division I weekly squad forhis performance. Alumni, has been appointed The Bulls met LeMoyne last night before hosting Youngstown at of the" Distinguished It is the start of another Chairman the Auditorium this Saturday. Alumnus Awards Committee. The semester and a time when most of recipients of the awards have not The hockey Bulls dropped Division II games to Hamilton (4-3) us who are out of school wish we and St. Anselm's (8-5) to all but ruin their playoff chances this season. were back in and most of those yet been announced. The awards Buffalo also lost a pair of contests at Western Michigan (6-4, 6-3) and who are still in school wish they are given annually to three of the had to defeat the Broncos twice last weekend by more than five goals were out in the real working Association's members repreto earn a berth in the Central Collegiate Hockey Association playoffs world. At any rate, after my most senting the judiciary, public in March. The Bulls host American International and New Haven recent hiatus, it is time to write service and the practicing bar. Saturday and Sunday night at Holiday Twin Rinks before winding up another column. Ms. Grace Marie Ange will their schedule at home against archrival Oswego February 21 and 22. The Law Alumni Association's serve as Chairman of the Arrange13th Annual Dinner and Awards ments Committee and the Hon. Bulls streak Presentation will be held Friday, Samuel L. Green is Publicity The wrestling Bulls whipped three highly-rated opponents March 21, 1975 in the Buffalo Chairman. (Kentucky, 19-16; ClarionState, 22-20;and Maryland, 21-15) recently Athletic Club. Buffalo City Court Complimentary cocktails will before dropping a 27-6 decision to Navy and suffering a 19-13 upset at Judge Rudolph U. Johnson, presi- be served at 6:00 p.m. Dinner will *c hands of Binghamton. Heavyweight Charlie Wright won three times dent of the Law Alumni Associa- follow at 7:00 p.m. Requests for by a single point to wrap up each of the aforementioned victories. tion, has appointed Harold J. tickets should be addressed to Mr. Buffalo is at Brockport tonight before closing its home season Brand, )r. as Chairman of the Din- Brand at 852-2850. As has been Saturday afternoon against Guelph. ner. Hon. M. Dolores Denman, im- the custom in the past, we sinceremediate past president of the Law ly hope tickets will be purchased ALUMNI LINE Plans to Open Bubble Burst INTRAMURAL BASKETBALL FINAL FIRST HALF STANDINGS W Red's Boys 3 2 2 1 1 Schlegel's Bagels Barristers Dribblers Cosmic Demons Flyers L 0 by Dave Geringer The absence of a floor has delayed the opening of the bubble indefinitely. The long-awaited Amherst campus recreational facility will probably remain closed for several more weeks. The bubble was erected prior to the beginning of undergraduate classes this semester. However, the floor of the structure is the same as it had been before the facility went up the asphalt surface that formerly constituted one of the many parking lots on the north campus. Presently, the covering of the floor is being delayed until a determination is made of how much of the area can be covered with the funds that are currently available. Originally, plans called for the placing of a basketball court-type surface over most of the floor (excluding the track area). The possibility of covering the entire surface now appears to be remote. The extent of the delay in the opening of the bubble is also unknown at this time. "Right now, we're shooting for a February 17 opening," hoped intramural director Bill Monkarsh. If Monkarsh's hope is fulfilled, the bubble will open with a delay of just a month. 3 3 4 4 - Red's Boys Assured Playoff Spot Red's Boys clinched the first-half law school intramural league championship by posting a perfect 5-0 record last semester. As a result, Red's Boys has earned an automatic postseason playoff berth, providing they are not dropped due to a forfeit. The first-half champions will be joined in the playoffs (which begin February 16) by the second-half winner. Should Red's Boys also take the second-half title, the other playoff position would be awarded to the squad with the next best overall record. basketball BuffalO ChipS - 2. Coach of 39 Down. 1. Buffalo's Stan 10. 13. la. 18. Japanesewmtllng 3. "The law ia a Bolt'i partner Beef on One-celled animal 22. It'i not the capital of Alaaka, Juneau. Iβ Acrosa. familiarly In chemistry, an eent.ieweentsle particle Buffalo bishop Dave Foley's position (abbr.) 24. 26. 1965 AFL-MVP N.Y. Times Editor Vaat 4. 7. 8. 13. 14. Iβ. Iβ. 20. ,a idiot" — Buffalo', stadium In Orchard Park Lover of Narcisiua Kind of exam 998 Self Goddess of vengence Charlie S7. N.Y. Times' Crossword Editor Wallach W.N.Y. College 41. Wyatt 86. State north of S.C. 4X Cheedeadera for 34 Down, et al. 40. The Bisons were part of this group (abbr.) 35. Albright Vegas Earp's well-known * Wgmir~ — ~ Medical test (abbr.) A deer,a female deer {as opposed to re) Kummel Greek letter, Roman number Heavyweight Champion 3 I !■" o "H vp P°PI ~—l fIHBH " I : ; 3 Detective HH LBLVHILsfI Ibbbbbbl——l—-^B p> 1 P | 38. S3. ; is Dickens 21. 23. 27. 28. 30. 32. 34. 2fl. 29. 31. H~ by Gary Muldoon P^^ ? laeH^_^eeßL_^.^_ 5 St -. I rjg r g- p •* J ' 1 I ' 1 1 f 1 1 1 •»»^"^"™l by firms and/or individuals and donated to the Law School in order that students may attend. DeSllver G.Drew, '17, died December 25,1974. Samuel Sapowlch, "19, died November 6,1974. David Slegel, '25, died November 23,1974. John W. Ryan, Jr., '31, died November 20, 1974. He was a former Assistant Erie County District Attorney, and former Chief Judge of the Buffalo City Court. Mr. Ryan also served as a member of the State Investigation Commission. Daniel J. Callanan, '58, hasbeen named confidential clerk to State Supreme Court Justice' Theodore S. Hosier, '53. Michael J. Stachowskl '73, has also been appointed to a similar position. Daniel 1. Ward, '72, was appointed to the Erie County Legislature representing the 15th district. Carl H Perdue, '73, has been appointed Assistant Director of the Governor's Washington, D.C. office for the State of Indiana. Comments and notes from our Alumni are always welcome. Address all correspondence to ALUMNI LINE, c/o Opinionn. Chinese Law Expert -continued from page 3 Chinese language training and completed a tour of duty in Taiwan and Japan. He later re turned to Japanon a Fulbright, to study the legal aspects of Japan's trade with the P.R.C., and upon returning to the U.S. accepted a job as a legislative attorney with the Department of Housing and Urban Development. After one year in this position, he returned to Harvard to pursue a Ph.D. in Chinese History and accept a position at the East Asian Legal Research Institute. Mr. Edwards has assisted Hungdah Chiu in writing "Communist China's Attitude Toward the United Nations: A Legal Analysis" [Studies In East Asian Law, Harvard, No. 9), and is the co-editor with Jerome Cohen of a forthcoming volume emitted "China's Legal Tradition. ,, � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1975-02-06 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/6/1975 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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A detailed description of the program is available from Prof. Norman Rosenberg, Program Coordinator. the School's National Institute of The pilot program announced Mental Health Grantand to result by the Provost for the coming eventually in a special seminar the year will involve interested facfollowing fall. ulty, students, and visitors from Opinion reported last year that law and other fields meeting tothe Law Schoolhad received grant gether, perhaps on Tuesday or money through theNational Insti- Thursday evenings, to examine tute of Mental Health for the de- available literature, methods of velopment of the three- year prog- study, and potential reforms in ram enitiled Training Lawyers as the areas of criminal justice as a continued on page 8 Criminal Justice Specialists. As decity as Project Director of (the Law School's fledgling Criminal Justice Program, has announced the initiation of a pilot program this spring which will entail a series of evening meetings in which faculty and students will informally explore issues and possible research projects in the criminal justice area. The meetings are in tended to develop particular summer projects to be funded by - Foster Calls For Children's Rights Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 December 19,1974 Survey Indicates Course Preferences by Ray Bowie ison with upper class returns. As with upptM class students, first-year respondents showed highest interest in Trial Technique and New York Practice, but indicated comparably high interest in Criminal Procedure and Evidence, both of which were ranked somewhat lower by second and third-year respondents. Also strongly preferred by freshmen were Corporations and Labor Law", with Family Law, Civil Procedure 11, Constitutional Law 11, and Commercial Law trailing a bit further behind- In contrast,Labor Law, Procedure, and Constitutional Law enjoyed considerably less support among upper classmen, and Commercial Law, significantly more. A recently-tabulated course questionnaire circulated in classrooms by the SBA has revealed the academic preferences of a majority of the student body here, represented by the return of a total 413 questionnaires. The questionnaire, consisting of 52 courses and clinics offered during the current academic year, elicited 190 first-year responses (2/3 of the class), 132 second-year responses (approximately '/i of the class), and 91 third-year responses (about '/i of the class). Respondents were asked to designate up to 10 courses that were felt to contribute significantly to each respondent's legal education. Analysis of the returns from Surprisingly high preferences first-year show areas of agreement were given by first-year respondand areas of disparity in compar- ents to Consumer Protection, Social Legislation, and Law and the Po or courses, whereas notably fewer upper class students indicated support in those areas. The Simulated Law Firm and clinics, excepting perhaps the Civil Law Clinic, also drew much stronger interest in first-year. The more ti aditional course areas ran as strongly in first-year as the more innovative or interdisciplinaryareas, unlike thesituation in second and third years, where traditional courses drew considerably greater support than the other areas. In third-year, New York Practice received the highest preference, followed by Trial Technique, while second- year gave Evidence its highest preference, followed by New York Practice, Commercial Law, and Corporations. Criminal Procedure and Labor Law remained strong in both years, though not to the extent shown in the first-year returns. International Law courses, on the other hand, enjoyed considerably less support in upper years than in first-year, this being also true, to an even greater degree, of the public law courses, more innovative or -continued on page 8 by LouiseTarantino School Undertakes Austerity Measures Henry H. Poster, professor of law at New York University, lectured on a "Bill of Rights for Children," Friday, December 6 atO'Brian Hall. Drawing a parallel between children and those formerly of servile status under the law (women and lunatics), Professor Foster outlined a plan which would give children freedom from oppression and by Ray Bowie allow them individual assertion. Professor Foster's fundamental premise, that children be regarded as persons in family and school situations and before the law, is the first aspect of the eight-point Bill of Rights. A focal principle in this regard for the personhood ofchildren is that the welfareof the childis of prtme interest. Among the other points expressed in the Bill of Rights are the child's right to receive parental love and affection; the right to be supported, maintained and educated to the best of parental ability; and the right to receive fair treatment from all in authority. The final points discussed include the child's right to earn and keep his own earnings; the right to be free of legal disabilities or incapacities; the right and freedom to seek and obtain medical care, treatment and counseling; and the right to receive special care, consideration and protection in the administration of law or justice. Professor Foster demonstrated each point in his proposed Bill of Rights with a related case involving children and their various legal and familial difficulties. He discussed foster child care, chitd schizophrenia and battered children, and recommended that independent counsel be secured for children to protect theirinterests. At the end of his lecture, Professor Foster explained the practical application of his doctrine, emphasizing that all points do not apply to all those under 21 years old and that a maturation factor should be taken into consideration. Professor Foster also answered questions relating to his Bill of Rights and children's law in general. Zockh Amid reports from President Ketter that two academic units at the University have depleted their iion- personnel budgets with four months remaining in the current fiscal year, Provost Schwartz has informed the Budget and Program Review Committee that the Law School's own non-personnel lines are "virtually exhausted" and that further austerity measures will be required to keep the School soluntil April Ist. I ventThe threatened deficit, seen in J unavailability the of the special ali locations the University's academic units had anticipated from savings in non-academic sectors, would occur in the Law School's "Other than Personnel Services" (OTPS) account, which includes all of the School's regular budget with the exception of faculty and staff salaries. In previous years, according to Provost Schwartz, the Law School, even though it had received "insufficient initial allocations" in the OTPS budget from 1971 through 1974, has been able to cover anticipated deficits in OTPS with supplemental allocations the University would trans- : Henry H. Foster, )r. Appreciation Expressed I deeply appreciate the warm support given by the faculty, students, various student organizations and the Opinion to Provost Schwartz in his efforts to have my appointment as a professor extended beyond the mandatory retirement age. I hardly need to state that the opportunity to continue serving our school as an active member of the faculty during 1975 76 is. a source of great peisonal satisfaction to me. - Prof. AdolfHamburger fer to academic units from year -end savings in non-academic units, thus covering the deficits. The problem arises this year in that non-academic units are themselves facing deficits and the University reports no savings for supplemental allocations to academic units. While stating that reports that the Law School had exhausted its OTPS budget in October were untrue, the Provost noted that "we are approaching the point at which we will soon exhaust our OTPS accounts unless we take remedial action." He reported to the Budget and Program Review Committee plans to take several austerity measures designed to preserve the remaining OTPS monies through the current fiscal year. As reported to BPRC, the proposed administrative measures would include the sate of all teaching materials produced here at cost, cut backs on faculty travel expenses (except for travel deemed necessary for the Law School or University), limitations on long-distance phone calls placed by faculty, authorization of only those recruiting visits continued on page 8 �December 19,1974 OPINION 2 Foster Interview Our Children, Our Schools, And Our Courts Editorials by Louise Tarantino Good Faith Established Despite the long-standing skepticism of some students that the faculty care little for student opinion on academic policy matters, recent committee operating procedures have established, conclusively it seems to us, the faculty's good faith in soliciting and considering student input into some of the most significant issues to face the School in some time. The Academic Policy and Program Committee has, for instance, actively sought and seriously considered'the results of the recent student course questionnaire in its own attempt to define the School's most essential course needs, this being in addition to its concern that SBA be duly consulted before any implementation of a proposal that third-year students be ranked for general class standing. The faculty, moreover, last month deferred action on a proposal that future faculty appointments be sought in five priority academic areas, so that student input from the course questionnaire might be considered in the decision. Another faculty committee, Long-Range Planning, has established an admirable open policy whereby any concerned student has "been invited to participate in committee deliberations with respect to the Law School's forthcoming Master Plan, while on most other committees, the student representatives have been taken into full confidence and even assigned important committee tasks. On as Important- an issue as the controversial grading system, faculty generally are now willing to let students themselves take the initiative on any changes, a far cry from last year's 0+ fiasco. And in the administration, Assoc. Dean Fleming has proved both accessible to students and cooperative in addressing their concerns. The faculty's serious solicitude for student opinion, coupled with its refreshing willingness to tackle major policy issues this year, adumbrates the possible resolution of some perennial issues in a manner acceptable to the majority of faculty and students here, certainly no mean feat indeed. The fairly recent installation of a walkway from the parking lots to the law school has been helpful, but has also posed a new problem. After rain or snow has fallen, the water (or ice) usually covers part of the walkway,turning it into a* sheet of ice. This dangerous condition must be remedied to avoid any possibility of serious injury to anyone using the path. Dwayne Moore of the Facilities Planning office has promised that "the problem would be looked into to see if there are any ways to solve it," but then added "there are ways but no money." Both ways and means to remerjy the problem must be .found in the near future. This condition should be remedied before a serious injury resulting from its existence dramatizes the need for action. And speaking of action, little of it has been evident on repeated University promises to light the parking lots, a situation whose risk is multiplied by the fact that the newly-paved walkway, icy as it is, is also dark as pitch thanks to the utter lack of lighting. Accident or assault should not be necessary to shake Facilities Planning from its long lethargy. Editor-in-Chief: Ray Bowie Managing Editor: Matthew Leeds Photography Editor: Eric Zaetsch Features Editor: LouiseTarantino ArumfliEditor: Earl Carrell Sports Editor: Dave Geringer Business Manager: Allan Mantel people. * "The child's right to be regarded as a person is basic to the other rights that follow," Foster said, adding that a great deal of difficulty with minors "derives from the refusal to accept them as individuals, with their own needs, interests and desires." Professor Foster has further expounded his theory of children's rights in his book, Bill of Rights for Children, which attempts to spell out the reasons behind child right theory and the need for its implementation today. He has also Compiled materials in a book on Children and the Law the first of its type to be edited on the subject. "Children and the Law is a jurisprudential rather than a legalistic book," according to Foster. Through the writing, he hopes to affect a change in attitudes, both parental attitudes and authoritarian attitudes. "The problem is that adults have no real empathy with a child," Foster remarked. "Parents, teachers and authority figures treat children as Inferiors," he added. Evidence of this treatment of inferiority is abundant in the educational system. Professor Foster disagrees with current compulsory education laws and favors adoption of a system to "provide a meaningful education relevant to today's world and circumstances." • "Unfortunately, the fact remains that the primary function of some schools is a warehousing or custodial one to keep kids off the streets. Many urban schools today are not giving a meaningful education," Foster stated. Professor Foster recommended an evaluational check and balance system for the schools comprised *of non-educators, "outsiders who would be able to contribute healthy scepticism and offer a different perspective to the educational network." He cited the success of such a system in-some law schools where there is increased student participation in the decision-making of the schools. Professor Foster said that "student participation is a • Accident or Assault Volume 15, Number 6 December 19, 1974 Only recently, two of society's subjected groups, women and blacks, have forcefully asserted theirrights and their personhood. A third oppressed group is now making its claim foracceptance and recognition as a viable segment of the population. Children are asking to be adopted into the adult coterie of personhood: they are requesting their moral and legal right to be regarded as people. According to family law specialist Henry H. Foster, professor of law at New York University and author of the recently published Bill of Rights for Children, many of the problems in the adult-child relationship could be more readily resolved if adults would acquiesce to the concept of children as - *'• Staff: leff Chamberlain. Gary Muldoon, Terry Centner Holly Hite, Karen Gorbach ' ■ — > To: The Faculty, Red's Boys And YOU Shortly after finaldeadline last week, a basketball team composed largely of faculty members defeated Red's Boys, a student team currently undefeated in intramural league play. Opinion pleads wjth any and all parties interested in" sports coverage to contact its offices in Room 623 in person or by message posted on the door. Sports Editor David Gerringer, most anxious for aid, can be through the newspaper's unavailable reached The final score was office. atpress time. . .' NYU law professor Henry Foster speaks at semester's last DVF lecture on subject of children's rights. wholesome thing the whole concept of legal education was somewhat stagnant before students brought pressure on faculties." Another positive aspect Professor Foster noted about the changing legal educational system is the -■ increased activity of woman lawyers. "Women trained in the law have a substantial contribution to make and will hopefully affect the legal structure in a consciousness-raising way, giving a more human approach to certain things," Foster said. He also sees women lawyers as a predominating force in the area of family law, bringing more "compassion, tolerance and understanding into the field. Women can perceive its relevancy more," Foster added. Professor Foster emphasized the need for reform in family law systems, especially juvenile courts. "But we run into-people who just won't move, who are opposed to-any change," he noted. "We must show these people that the price being paid for perpetuation of things as they are is too high, show them the benefits of restructuring and rethinking," Foster said. juvenile casej, reserving only the njore difficult for adjudication. He recommended improving upon the professional staffs involved in the juvenile court process and the re-evaluation of the meaningfulness of state institution programs. "The dilemma in the juvenile court system is that, at present, there are no good alternatives," Foster concluded. OIJIIIIOII ■ OPINION is published every two weeks except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from Student Law p ees ""P This request for support is pointed towards both faculty and students and is certainly not re- stricted to athletics. Opinion's pleas extend to all materials appropriate for publication in the law school paper, a very broad area, indeed. The staff hopes to receive more active studentand faculty support in terms of information and contributions when it resumes publica- tion next term. We extend to our readership our warmest Season's Greetings. -continued altpage 7 Trenchant Observation Dear Editor, I used to go fishingwhen I was a kid, but It was just for the halibut. . Gary Muldoon �December 19,1974 OPINION 3 End of the Bar SHAKESPEARE II Jeff Chamberlain by "Shake was a dramatist of note He lived by writing things to quote".. H. C. Banner — Shakespeare is the most quoted writer in English. Like a fundamentalist's Bible, he has something to say on almost every subject. Quoting from Shakespeare has long been an easy way for hack writers to convey an illusion of literacy to their readers. What follows is no exception: It is simply a listing of quotations from Shakespeare, associated with headings, the selection of which corresponds to no known scheme. No attempt has been made to correlate the source of the caption with the quotation, but perhaps someone more versed in theintricacies of Shakespearean scholarship may find this compilation useful for documenting more concretely whatever Shakespearean literary theory to which he hassubscribed. « Judgement,Declaratory: Abraham: Do you bite your thumb at us, sir? Sampson: Is thelaw of our side if I say ay? Romeoand Juliet (I i 54) Brandeis, Louis: Glen. I can call spirits from the vasty deep. Hots. Why, so can I, or%o can any man; But will they come when you do call for them? In the corrupted currents of this world Offense's gilded hand may shove by justice, And oft 'tis seen the wicked prize itself Buys out the law... Hamlet (111 iii 56) Placement Office, The: That you dobend your eye on vacancy. Hamlet (111 iv 117) 28 U. S. C. 2294: When shall we three meet again In thunder, lightning, or in rain? Macßeth (I i 1) Franklin, Mitchell: Had I plantation of this isle, my lord I' the commonwealthI would by contraries Execute all things;for no kind of traffic Would I admit; no name of magistrate; Letters should not be known; riches, poverty, And use of service, none; contract, succession .none; . treason, felony, must be Macßeth (IV ii 46) Holmes, Oliver Wendell, Jr.: So to the laws at large I write my name. Love's Labour's Lost (I i 156) Internal Revenue Service: you tax not, youelements. I King Lear [\\\ ii 16) Kennedy, Joan: Holding the eternal spirit, against her will, In the vile prison of afflicted breath. King John {\\\\y/]S) - — ... .. L. Macd. Every one that does so is a traitor, and hanged. Ford, Gerald R.: 'tis a burden Too heavy for a man that hopes for heaven! Henry VIII (111 ii 384) Nixon, Richard M.: A heavy summons lies like lead upon me. Macßeth (LI i 5) Tapes, The: King Richard. Then call them to our presence; face to face, Andfrowningbrow to brow, ourselves will hear The accusor and theaccused freely speak. Richard I {ins) Cert, denied: but dare think, not speak. I Macßeth (V i 87) Mann, W. Howard: Good lord, what madness rules in brainsick men, When for so slight and frivolous a cause Such factious emulationsshall arise? I Henry W (IV Mil) Ervin, Sam: Faith, I have been a truant in the law, And never yet could framemy will to it.. I have perhaps some shallow spirit of judgement; But in these nice sharp quillets of the law, Good faith, I am no wiser than a daw. Sword, pike, knife, gun, or need of any engine, Would I not have. The Tempest (II i 143) Justice, Blind: * Through tatter'd clothes small vices do appear; IHenrylV{\\\ i 53) Robes and furr'd gowns hide all. Plate sin with gold, Hoover, John Edgar: And the strong lance of justice hurtlessbreaks; .the villainshall not 'scape; Arm it in rags, a pygmy's straw does pierce it. The Duke must grant me that. Besides, his picture King Lear (IV vi 153) I will send far and near, thatall the kingdom Cardozo, Benjamin Louis: May have due note of him; He drawelh out the thread of his verbosity finer than King Lear (II i 83) the staple of his argument. Method, The Socratic: Love's Labour's Lost (V f 18) turn me into nothing. Woe upon ye professors! such false Moot: Court, Andall Henry Vill (111 i 114) Speak the speech,.. .trippingly on the tongue. Hamlet (111 ii 1) Pro_ Bono: Office, The Oval: 'tislike the breath of an unfee'd lawyer (I thing lawyers. The first let's all the do, kill Djck. King Lear iv 142) we /Henry VI (II iv,7) Cade. Nay, that I mean to do. Is not this a lamentable Colson, Charles: Public Policy, Unenforceable As Against: thing, If you repay me not on such a day, There cannot be thosenumberless offences that of the skin of an innocent lamb should be made In such a place, such sum or sums as a/c 'Gainst me, that I cannot take peace with Express'd in the condition,let the forfeit parchment? Henry W// (II i 84) equal pound parchment, being nominated for that scribbled should undo a o'er, Be an Men, All t(ie President's: man? Some say Of your fair flesh, to be cut off and,taken They fell together all, as by consent. the bee stings: but I say, 'tis the bee's wax; for I did but In Whatpart of your body pleaseth me. The Tempest'(l iv 142) Merchant of Venice (I iii 146) seal Pig, Male Chauvinist: thing, once arfd was never mine own man since. to a Reis, Robert: I .1 will make 2 Henry VI (IV ii 84) O, what a happy title do I find One of her Women lawyer to me, for SonnetXC (ii) Marshall, John: yet I not understand the case myself. . - . Agnew, SpiroT.: In law, what plea so tainted and corrupt But, being seasoned with a gracious voice, Stay! > Where's your commission, lords? colorful S. Colorful Supreme Court judge. ■ ■ ■■ 111 VWI* I ••• (111 ii 233) , 11.Top'catTnickname. 2S'SdUrf" ' SKSSiSS 30. Aye. 3l!Tir.d. 33.Are.ldilly. 1. Colorful Dksenter 3. Western Kochery, David: What impossible matter will he make easy next? The Tempest (II rrr r ufft rrr Wt ,3 H —U_ ■1 ■ ■ • I Ed. 36 36. Legal possession of a freehold. . j , ..Oi.f.ndorf Anne,~„„,,. 2fi. Promiwory notes. rt ??■?" c°f»"too ;.. "• ' 33. Symbol ' for hth.um. ,n f 34. Kom«n 61. wr |H^ U__e— ■'"I ■H^^^ colorful chief judga. 9. A Cont. 10. Colorful judge, sort of. 14. To any extent. 17. And so forth (,bbr.). 20. Army cop (abbr). i 89) Columnists: How every fool can play upon the word! Merchant of Venice (111 v 46) by Gary Muldoon .Iβ! The B.E.N.'. morning competitor. . C>w/Hr//m>(lliii7B) Henry VIII Obscures the show of evil? Ben Veniste, Richard: Merchant of Venice (111 ii 74) Son. What is a traitor? L. Macd. Why, one that swears and lies. President, The Powers of The: Son. And be all traitors thatdo so? pardon'd and retain the offense? May one be 1. Colorful superseder of Plessy. . ( W \ Answer to puzzle appears on page 6. �December 19,1974 OPINION 4 DVF Closes Semester, BLP Receives Credit, Plans For Spring Reorganizes Structure Buffalo Legislation Project, a student activity initiated in the fall of 1973 to research and draft legislation, has been awarded provisional credit by the Academic Program and Policy Committee for the spring of 1975. Previously, the Project depended upon volunteers for its staffing, though the Law School assisted with facilities and funding, the latter also partially provided through theSBA. Despite the lack of financial or credit remuneration, BLP maintained a staff of volunteers sufficient to handle most requests for legislative drafting received from area legislators last year and this. Plans for Legislation Project to become an accredited student activity similar to Law Review and Moot Court took concrete form this summer, when it was invited to participate in a legislative internship conducted through the office of State Sen. Warren Anderson. Participation in thisprogram was thought to require some formalcredit incentive, a stranger organizational framework, and closer faculty consultation, whichlatter was provided when Professors Kaplan and Lindgren agreed to serve as BLP advisors. A request for credit was then decided to be incorporated into the Project's organizational framework for-BLP, which was revised several times before finally being sent to APPC in November together with the request foraccreditation. As approved by the APPC at its December meeting, Legislation Project members will receive credit for recently- completed projects this spring according to the provisions ofthe organizational structure with respect to awarding of credit. The accreditation was, however, provisional, as APPC is presently reviewing the entire system of special credit and may recommend changes affecting all accredited activities later in the spring. The organizational framework adopted by Legislation Project establishes a selection procedure for members, solicitation procedures for projects from legislators and agencies, a structure for governance, and guidelines for the awarding of credit. Members are to be selected through writing samples, faculty recommendations, and interviews with BLP project directors. The Project will be supervised by a hierarchy of project leaders, editors, and a Manager. The credit structure is to be flexible, though a participant must complete at least two projects or one project plus service as a director to be eligible for any credit. The number of credits to be awarded, ranging from one thTough three, is structure. Through the summer and into the fall, Project determined by the directors and faculty advisors on Ben and Pam Helman the basis of the quality of the work, complexity of Rosa, Idziak, Directors Jan collaborated on several drafts of an organizational the project, and the timerequired for the project. Local NYCLU May Close Because of financial reasons, the Northern Division of the New York Civil Liberties Union may be forced to curtail many of its activities. The NYCLU is supported by private donations, which, in recent times, have decreased due to the nation's economy. At the November 8 9 meeting of the Union's Board of Representatives the budget of the Northern Divisi on (upstate New York) was expenditures for the Northern Division rent, mailing costs, secre- — tarial and staff salaries. "The overwhelming feeling of the Board was that projects such as the Mental Health Law Project and the Children's Health Project are more useful," said U.B. Law professor Herman Schwartz. The Union's Executive Director, Killian Vetter, said that, in effect, the Union "will be forced sharply cut. to go out of business or work on a The Board eliminated office temporary basis. Even if we were — . In the past year the Niagara Frontier Chapter of the NYCLU has worked to organize and co-sponsor the Human Needs Center, the New York Peace Center, and a revenue-sharing suit. According to Vetter, "crucial to our survival now is the financial backing of the people." HavingProblems in Torts? Real Property? CPI R? Contracts? Evidence? PENAL LAW PARTNERSHIP - AGENCY ADMINISTRATIVE LAW CORPORATIONS ' assisted thousands of New York Attorneys and Candidates for the New York Bar, and deal exclusively with principles and cases in New York Law. , The Law School Book Store has the following MBRC books available: CONFLICTS OF LAW BANKRUPTCY DOMESTIC RELATIONS EQUITY SURETYSHIP CONTRACTS TORTS REAL PROPERTY INSURANCE __BAILMgjTS Fellers, NYSBA President ney Herald Price Fahringer, labor lawyer David Scribner, City Court JudgeDenman, and family law expert Henry Foster. More political in orientation, yet providing balance to one another, were former OEO Director Howard Phillips and National Lawyers Guild Attorney Robert Cantor. Next semester, DVF has some hope of.booking Sen. James L. Buckley, Rep. Elizabeth Holtzman, ABA President James students, who wish to suggest guest lecturers for the spring to contact the directors through the SBA office so that funds can be encumbered and arrangements made. Funds for speaker programs have, by longstanding SBA decision, been vested exclusively in DVF. The faculty Mitchell Lecture Committee also allocated $500 to DVF earlier this year to fund speakers on a matching fund basis. Whitney North Seymour, and forappearance here last week of Pro- mer Attorney General Ramsey Clark for spring lectures. The Distinguished fessor Henry Foster, Visitors Forum, the SgA commit- DVF directors next spring will be tee responsible for the. speakers' Bowie, Silber, and Joel Greifinger, who was appointed recently by program is, with SBA as the third director. Director Ray "DVF's fall speaker schedule the quality of the fall program, optimistic as to the spring pro- was perhaps our most successful gram, and yet concerned over stu- to date in terms of quality and dident disinterest in guest lecturers. versity," surmised Bowie, who Distinguished Visitors Forum, added that "the claim might well managed this semester by Bowie pass to the spring schedule if it and Sue Silber, strove for a pro- shapes up according to our. gram which was balanced, com- hopes." He cautioned however, prehensive in its scope of that any prospect for a successful coverage, and professionally lecture program here was being oriented. Speakers, some of which jeopardized by "poor student were arranged with the assistance attendances. "The success of the of Phi Alpha Delta Legal program is a function of the Fraternity, included prominent degree to which students participrofessionals such as Court of Ap- pate in it." peals Chief judge Breitel, former Chief Judge Desmond, State SenDVF has invited any student ator John Dunne, defense attororganizations, or even individual able to maintain the organization on a volunteer basis there would be a decisive cutback in the num-' ber of cases we coutd handle." MBRC Review Books The Marino Bar Review Course, Inc. is now offering its up to date review books on an individual basis at the Law School Book Store. These books have been of immeasurable assistance to students reviewing specific subjects and preparing for school examinations. They have Having closed out its fall semester lecture series with the EVIDENCE ESTATES; POWERS; TRUSTS MORTGAGES SECUREDTRANSACTIONS CPLR Turn of the Screw by lan DeWaal year are now available in 303 O'Brian and in 312 Stockton-Kimball Tower on the main -campus. Please note that one form must be returned to the College Scholarship Service by February 1,1975and "Form UB" must be returned to the Financial Aid Office no later than March I, 1975. Please don't forget about the first deadline during intersession. It is important to remember that even if you are not sure you will need assistance for next year, it is advisable to file an application nevertheless. Late applications rarely receive any consideration. Also, if any additional monies become available through the law school endowment, recourse will be had to the Financial Aid applications to weigh comparative need. Financial Aid applications for the 1975-1976 school Because of the increase in credithours for New York Practice and the fact that Trial Technique carries four credit hours, a new regulation has been adopted concerning upper class courses and requirements. This new regulation supercedes the previous regulation that an upper class student was required to take no less than four courses in a full-time program. The new regulation reads: "The school requires that all students must take a total of 54 credit hours after the completion of their first yearprogram. Summer session, Law Reviewand Moot Court credits can be applied against the total of 54, and thus to reduce semester course loads; however: A full-timestudent (three year program) may not carry less than 12 hours per semester, excluding credit for Law Review and Moot Court. 2. A part-time student (four-year program) may not carry less than 9 hours of course work per semester,excluding credit for Law Review and Moot Court." This new regulation supersedes the Student Handbook in this 1. matter. _ Have a nice vacation! Law Review Readied The first of three issues of the Buffalo Law Review will be available for distribution at the beginning of the second semester. Please check the Opinion for exact dates and times that issues can be picked up. Subscriptions are still available for students at $7.00 for three issues; without subscriptions, the cost is $2.50 per issue. Students interested in subscribing to the Review are urged to sign up at the Buffalo Law Review, Room 605, between 9 AM and 5 PM. , �December 19,1974 OPINION 5 The Kobold Who Stole Christmas by Terence (.Centner Upperclass Courses & Requirements Recent Changes in the curriculum require revision of the regulations as they presently appear in the Student Handbook. (1) Present Rules: The school requires that 54 credit-hours be undertaken in the second and third years of the three-year program. explained? It must be remembered thatKobolds are This translates into two five-course and two four-course semesters. clever creatures. They know where they can score Credit for Law Review or Moot Court can be applied against the total the most points. By influencing those on the third of 54, and also thus to reduce five-course loads to four; and summer floor, our Kobold is able to affect the lives of every school credits likwise serve both purposes. An explicit regulation, Buffalo law student (and their spouses)! Just look however, provides that "a full-time student may not carry less than back over the past one and one-half years during four courses per semester." As interpreted, Law Review, Moot Court which the law school has been in Amherst, and you and Summer Session credits may not be used to meet this requirement. can appreciate how effective this Kobold has been. (2) Reasons For Change: The foregoing was premised on the Making students prepare for exams during the assignment of three credits to all upper class courses. Now Trial approaching holiday season is only a small part of Technique carries four credits and New York Practice carries five. The the suffering which has resulted from his influence. extra three credits are equivalent to another course. What can be done to rid O'Brian Hall of this evil (3) New Regulation: The school requires that all students must Kobold? It is difficult to know what to do, but there take a total of 54 credit hours after the completion of their first year Somewhere lurking in the stale air of O'Brian Hall is a mean little Kobold who has successfully stolen the joy of the Christmas and Chanukka Holiday seasons from all those unfortunate enough to be law students in Buffalo. Through his knavish schemes he has again managed to make as miserable as possible all law students during the forthcoming holiday season by having our exams in January. This Kobold hates to see people enjoy themselves; he is so mean that he will do- anything within his limited capacities to prevent people from enjoying themselves or from givingpleasure to others. are a number of solutions which have been suggested. One would be to move O'Brian Hall out You may wonder how thislittle elf-like creature of the swamp: if they can move the London Bridge way building his into a new found such as O'Brian into a desert, they can move O'Brian Hall out of a Hall. Well, it must be remembered that much of swamp. Another would be to move Lake LaSalle Amherst used to be a swamp. Prior to the erection of closer to the law school, make it more swampy (it this campus, the very spot upon which this building will probably become a swamp within a few years sets was a nice dark, sylvanned swamp, an ideal anyway), plant lots of trees (landscaping Is good at abode for our little Kobold. When the dozers and thick plantings!), and cut a hose in the side of earth moving equipment came to the area, they O'Brian Hall (or have the wind blow out another completely destroyed everything he had, his food, window) to allow the Kobold to exit. However, his home, and his peace and quiet. He therefore administratively (and you know how administrators placed a curse on O'Brian Hall, "whoever shall enter think and who makes the decisions around here), the shall be miserableeverafter." To this date, his curse best solution financially (and you know how presently dominate University decision has never been broken; one only has tolook around at all the unhappy law students to see its effects. making) would be to hire the cement lining company How does this Kobold survive in such a sterile which so effectively solved Midland Empire's building? It must be recalled that O'Brian Hall was problems. In this manner it wouldbe possible to seal constructed with a faulty basement. The cement off the basement and prevent the life-sustaining lining is constantly leaking, allowing life-sustaining waters and minerals from entering the building and, waters and minerals to enter the building to be at the same time, make the basement useable as a consumed by the Kobold (One wouldwish hecould Rathskeller. This would thereby starve the Kobold consume all of these waters to prevent the basement into submission. The big financial payoff comes from flooding). Therefore, despite the present when the University then takes an expense absence of a swamp (unless you consider the deduction for the cost of the lining (remember northeast corner of the basement a swamp), the Midland Empire?). Of course Idaho Power, 94 S.Ct. Kobold lives on. 2757 (June 1974), requires that the cost of the lining Where does the Kobold stay? It is not known be capitalized. However, this is unimportant for sure where the Kobold stays during the day when considering the realities of the situation; what judge so many rowdy students indifferently invade his would want to screw a law school? domain. However, there is definite evidence that he In any case it is hoped that somehow the evil spends considerable time in the northern part of curse of this Kobold will be broken. Who wants to floor three. How else can theactions of those people spend an entire lifetime as a suffering, overworked, who work and use the offices of this floor be underpaid lawyer?! Placement Statistics On Class of 1974 Number of Graduates: Number Employed: 178 Private Firms 109 J: Number Unemployed: Employment Status Unknown: 21 48 Of the 130 people we have been able to contact, 109 have - positions 83.8% . <■ eBal Aid Schooling Judicial Clerkships Government: * OtherStates: Massachusetts Illinois Texas. 87 65 .11 11 3 ' --V 7 5 9 1 DA/County Attorney Federal Governmentd State Government County Governmentd gc v A o^er Of the 130 people we have been able to contact, 109 have positions -83.8%. New York State: Buffalo Western New York New York City area New York State residual 55 9 11 4 3 Corporations & Banks ' ' ' District of Columbia Pennsylvania New Hampshire Alaska Florida Hawaii Rhode Island Colorado Louisiana California Analysis of Survey Results, p.B. '.'.'.'.'.'.'.'.'.'.'.'.'. 2 3 6 1 ~1 1 1 1 >..l1 .1 •-3 program. Summer session, Law Review and Moot Courtcredits can be applied against the total of 54, and thus to reduce semester course loads; however: 1. A full-time student (three-year program) may not carry less than 12 hours of course work per semester, excluding credit forLaw Review and Moot Court. 2. A part-time student (four-year program) may not carry less than 9 hours of course work per semester, excluding credit for Law Review and Moot Court Rescheduling Examinations J. Re-Scheduling Examinations Prior to the Start of the Examination Period. I.' A student may request the Registrar to change an examination date to a different time during the examination period if he or shehas: a) two examinationsscheduled for one day; b) three or more examinations on consecutive days; c) fourexaminations or more in one week. 2. Students must present requests for re-scheduling examinations to the Registrar prior to the beginning of the examination period. The Registrar will consult with the instructor in the course(s) in question before re-scheduling the examination(s). lI.Re-SchedulingExaminations During the Examination Period. 1. Students are required to take examinations either on the regularly scheduled day during the examination period, or on the day set for an examination which has been rescheduled under the provisions of Part D, above. 2. Failure to take an examination on the regularly scheduled day, or on the day set for a re-scheduled examination constitutes failure to complete the work in the course in question, and the student will receive the grade of F for the course unless the student: a)was ill on the examination day, or on the day immediately preceding the examination and presents a physician's certificate confirming theillness; or b) was reg v ired to fulfill a military obligation on the examination day, or on the day immediately preceding the examination, and presents a written confirmation of this service fromhis or her commanding officer; or c) experienced a bona-fide family emergency (such- as death or severe illness of a close relative) on the examination day or immediately prior to the examination day, and presents written confirmationof thisevent from some reliable person. Job Search by Computer The Law Student Division of the American Bar Association has introduced a computerized job-search system to help ease the employment burden for both studentsand employers. Named JURISCAN, the system uses coded information supplied by the law student and the prospective employer to make a "match." The program is open only to Law Student Division members attending ABA-approved schools. There is a $5 fee for students; employersreceive the service free. Students are matched with potential employers based on such descriptive attributes as "law school courses taken" and "additional skills and experience," rather than on the more arbitrary traditional ■ standards like "class standing" or "law school attended." The program is expected to become operational in January when the participating students' names,' qualifications and employment preferences will be computerized along with specifications of participating employers. ', Students will be sent the close matches among the employers, if any, as openings are listed in the system. The student's name will., remain in the computer until he, or she, has received approximately five employer matches, or until late Aprit, whicheveris sooner. <ominued on page 8 �December 19,1974 OPINION 6 Opinion Sports Games Under Bubble? Hall from 9-11 p.m. on Thursday nights for makeup games if temporary shift in intra- the bubble isn't up next semesA mural basketball sites next ter," Montour added. The bubble semester will affect the Thursday was slated for completion by night 7 p.m. law school basketball January 12. league. Sweet Home High School 'has reserved their small gym, nor- Forfeit mars action mally the site of one league game Last Thursday night saw the weekly, for-a school function. As law school'league's first forfeit, an a consequence, one game each event that was supposed to have week (on January 30 and. Feb- been eliminated this year by reruary 6 and 13) will be moved quiring each team to pay a fee, which would be lost if the team elsewhere. forfeit. The Flyers were awarded "They (Sweet Home) have a their first victory of the season school activity which is pre when the Dribblers failed to suit -empting us for three weeks next up 'the required five men. "If they semester," reported intramural paid a fee, they'll lose it," said assistant Gary Montour. "The intramurals director Bill games which were scheduled for Monkarsh. "We'll keep them in their small gym will have to be the league for now, but if they do moved. They'll play them in the it again, they're out. We'll just (Amherst Campus) bubble, if its play with five teams and have a completed, or in Clark Hall if not. bye every week/ Monkarsh I was promised the use of Clark added. by Dave Geringer , PAD Reports Expansions The CarlosC. Alden Chapter of rams entailing attitudinal modifiPhi Alpha Delta Legal Fraternity, cation of participants. founded here in 1969 but moriPAD also arranged, in cooperabund for the last several years, has tion with Distinguished Visitors theis sevester attained a measure Forum, for guest lecturers deliverof organizational stability that its ed by Chief Judge Charles D. officers hope to build upon next Breitel of the State Court of sevester, according to a report be- Appeals and former Chief Judge ing prepared on the Chapter's Charles S. Desmond on the subject of judicial selection, in which activities. The Alden Chapter of PAD, the two jurists argued different the nation's largest legal frater- sides of the question. nity, generated much interest Despite these activities, PAD when it was formed by about officers express concern as to the twenty active members five years diminishedinterest of some of the ago, but poor leadership and associate members the Chapter engeneral student apathy, as cited rolled this fall. Present associates by current members, were respon- will, they report, soon be asked to sible for the Chapterbecoming in- become dues-paying members, so active last year. Only five mem- that a spring pledge drive can be bers, were responsible for the conducted for new associates. The Chapter becoming inactive last Chapter's spring plans, including year. Only five membersremained the possibility of a legal research after last spring, when all the bureau at the Law School, will depend on a largermembership. officers graduated. PAD's local renaissance became top priority for its fledgling officers who, over the summer, planned an ambitious orientation program this fall, including pledge drives and orientation activities directed primarily at the entering class, which the Chapter saw as potential new blood for the ailing organization. PAD undertook the compilation and publishing of a handbook of faculty biographies distributed at orientation. At the same time, the Chapter officersresolved upon a reorientation of the organization's image. As the national PAD was dedicated to the ideals of professionalism and service, Alden Chapter, it was decided, would strive to become a lobbying force for professional excellence within the Law '' School, encouraging a strong professional program and student involvement in professional activities. The Chapter has passed resolutions this fall supporting a waiver of Prof. Homburger's retirement, endorsing the allocation of SBA funds to the publication of a student research journal, and questioning academic prog- . ' Wrestling Bulls Pace UB Winter Sports by Dave Geringer The wrestling Bulls have quietly emerged with the top record among Buffalo's three major winter sports teams, while the basketball Bulls had some success and the hockey Bulls none recently. The wrestling Bulls ripped through three opponents to stay undefeated, the basketball squad upset Long Island University on the road before losing at home to Niagara and the hockey Bulls lost games at Oswego, Ohio State (2) and at home against Colgate, dropping theiroverall mark to 4 8. - — The Buffalo wrestlers, who wound up their fall semester schedule last Thursday night against powerful Lock Haven,ripped Colgate (38 6), Bowling Green (28 10) and Western Ontario (34 13) in posting their 3-0 record. Bruce Hadsell at 158 lbs. and senior star Jim Young at 134 paced'the Bulls with three victories each, while heavyweight Charlie Wright was beaten for the first time in 22 matches by Western Ontario's Elvin Simpson. - - Dr. Jekyll and Mr. Hyde? The basketball Bulls, 1 3, downed LIU, 75 72 after dropping the opener of the two. -game road trip at Fairleigh Dickinson, 81 57. Buffalo's glitter was somewhat tarnished when they returned home to drop a 77 58 decision to Niagara, shooting only 26 per cent from the field. The Bulls faced Brockport last Wednesday and Albany last Saturday before winding up their first term action this Saturday at Virginia Commonwealth. The Bu4tewere hurt by the loss of Otis Home for the first semester (ineligibility), but were bolstered by the fine play of freshman center Sam Pellom. - our poise, so we were able to come from behind," Richardson added. Hockey Bulls falter The hockey Bulls' collapse in the third period against Oswego (six goals by the Lakers en route - — "We think he (Pellom) has gotten better, and will continue to improve," said head coach Leo Richardson. "However, we didn't get good games out of (Mike) (ones and (Bob) Dickinson against Niagara. We've got to have our starting five playing well and get help off the bench. We didn't run against LIU, and we held our turnovers to a minimum. We controlledthe ballgame and never lost 8-2 victory) was followed {4 1 and 4 defeat at 7 home by Colgate. The Bulls, who lost star defense man Mark Sylvester for up to six weeks with ; a knee injury at Ohio State, attempted to halt their slide with a pair of home contests against Ithaca last weekend. "We forechecked very well against Colgate," observed Bull coach Ed Wright. "If they didn't have outstanding goaltending (by freshman Kevin Barry), and we had a few more breads, the game niight have been different." While Garry stymied Buffalo, Bull netminder John Moore had a poor night, yielding six goals in two periods before being relieved by Don Maracle. Buffalo outshot the Raiders 49 37, but once again failed in their quest to beat a Division I team. to-an - - by losses at Ohio State - 3) and an 8 . - Basketball Standings STANDINGS Red's Boys Schlegel's Bagels Dribblers Cosmic Demons Barristers Flyers RESULTS L W 4 3 2 1 0 1 2 3 3 3 1 1 SBA Actions Personnel changes have characterized the composition of the Student Bar Association the last month, the most significant being the appointment of Ed Zagajeski, formerly a third-year director, as acting treasurer in the aftermath of Sara /uremia's resignation from the treasurership. Rod Klafehn was recently appointed to the third-year directorship vacated by Mr. Zagajeski's succession to the treasureship, while Denis Kitchen was chosen to assume the second-year directorship resigned by Steve Kaplan. The SBA has, in the last few meetings, approved constitutions for the Christian Law Students, Jewish Law Students Association, and Women's Prison Project. The directors also voted to request that the Law School reschedule the spring vacation period so that it might accommodate Easter and Passover. Last week, the SBA agreed, though many directors expressed - Answer to Puzzle: a sense of futility, to urge the faculty to revert to an "early start/early stop" calendar for the—fall semester, whereby exams would be completed before winter vacation. An SBA delegation will seek faculty reaction. After some student complaint as to the dearth of SB A-sponsored social functions this semester, SBA officers report receiving favorable feedback on last week's Holiday Party held at Fanny's. The party, which cost about $1100, was cited for the abundance, of food and liquor as compared to previous years. Funded by the SBA and prepared by President Don Lohr, the long-awaited placement brochure was received from the printer last weekand will shortly be mailed to law firms and public agencies in an effort to better acquaint them with the Law School and Its programs, thereby facilitating placement of graduates. Red's Boys 44, Cosmic Demons 30 Schlegel's Bagels 52, Barristers 31 Flyers defeated Dribblers by forfeit. • , ™™ �December 19,1974 7 OPINION \ It came upon a midnight clear... ■AnSB #' '■'■' flw >.■:' ,,, ('■■■ ■'/'; w>:w'ji'lj2SMWliSiJS^^Bk';^,:!>^i-». ' '.'■"''■V,-'"',*. ''■' , ,-- ■ HB9w|Bi''"i•'■■ j ,'?■*-'i'C '''^H^Bfc?''*'■ 'uSflm-'1"'- '• "- '' -'■ ■ ? ■ •' ■ •'''• ■■■"■ .** '.--*.-■' .'•*>*■ .^t^^jfcSSSS*W"?"S*^^"^'fV u^*",T-'' ; ; V '"'-^v''"'^i'"i''■ ■^.■I *' BBBb'^*T/'.'-''&W''-^^'i''' /"" 'X ..' . "' '" ■■■ , "■■ -'' ■ : "-'"■■ ',■■ I , '- ■ ': " 1,3H .. ■■•■■.'.■" 1 , ■ '!■*■-■■ r' ■•vv'». : '•'.■"'•■■'■* •Jti'-''Kc'-'fy''ii^'^i\'- '■ 11'/-'>% - i>'.'/,' '* ' ■■■■ ■ ' '■*-'^W^MJJ^^BH ■. .■''TTHB ' * '"' ■''*■ " ■'"*?? ■>-w!3Nf^'«l ■ r*T''JSF''5?S Merry Christmas, Happy Chanukah, & Joyous NewYear FromttieStaffsof ■ £ ■ ...-.■■■• '■ ■ 001111011 r . & University Press • *. jj,,^ �December 19,1974 OPINION 8 Criminal Justice Program Survey Preferences ticipants further develop or * Public Law courses, social legislation, and consumer courses research. and the up a process, their SLF's. write continued from page 1 system and continued from page 1 interdisciplinary areas, to this latter the clinics, Of the trends observable from thereturns, it would seem that: interest in more * First-year traditional courses is generally on a par with secondand third years, particularly with respect to the "technique" or "practice" tended as an open invitation to all courses. interested persons to discuss such issues informally, no credit would * Corporate law and commerbe awarded for .participation. cial law areas are strong in all years, but more so in the upper However, the meetings will result classes. in the definition of summer projconnected with accredited ects an * Criminal procedure and eviseminar next fall, which will prodence are likewise demanded in all" three years, but Criminal Procevide opportunity for project pardure moreso perhaps in first-year and Evidence surprisingly the strongest preference in second -year. -continued from page 5 The employer will receive a list of approximately 15 optimum * Labor Law draws greatest inemployee matches with their names, addressesand credentials. If these terest in first-year, slightly less in are not what the employer wants, he can request another list, also free. second and third years. has Full program details, including a form for interested employers, * International Law freshmen will be published in the January issue of the AmericanBar Association sizable support among upper but ranks weak among Journal. classmen. The nation's law schools are jammed with a record high 106,000 Property courses increase in students, representing one student for every three practicing lawyers. first The National Conference of Bar Examiners says 30,879 persons support progressively from through third-year. were admitted to the bar last year,also a record high. "Balance this against a U.S. Department of Labor estimate that * Tax courses have solid suponly 16,500 legal jobs will be available each year until 1980 and you port in all years. can see how critical the employment situation is for the graduatinglaw in OTPS, the School's OTPS student," Erdman said. account has, nonetheless,been inAdditional information can be obtained by contacting David W. creased by only 4% while student Erdman, Law Student Division, American Bar Association, 1155 E. enrollments increased by 46% and 60th St., Chicago, 111- 60637. the faculty by4o% over the last four years. "This policy," concluded the Provost, "was bound to produce the present state of insure solvency until April Ist, affairs." continued from page J Provost Schwartz has asked the deemed essential for faculty Provost Schwartz questioned appointments, utilization of inter- "how long beyond April Ist we Budget and Program Review Combudest from endowment funds as can continue to ope/ate as a mittee to prepare a proposed feasible and permissible for OTPS first-rate law school without get for the coming fiscal year would reflect the Univerto needs, and the "roll over" of some better OTPS support" from the which bills into the next fiscal year to University. While the Law School sity Administration the Law disencumber funds for current has warned the University's Aca- School's need for more realistic demic Affairs Vice Presidents re- initial OTPS allocations to cover bills. Beyond measures designed to peatedly of the impending deficits the entire fiscal year including exploration of criminal police, pre-arraignment, litigation, the judge's role, jury studies, sentencing, corrections, and alternatives to prison. As the series of meetings is in- behavior, In May, according to Provost Schwartz, the program coordinators will formally invite proposals for summer projects to be carried out by students in cooperation with Law and Social Science faculty. He expects the proposals to be varied in nature and drawn most likely from the informal meetings this spring. Students interested in summer projects are advised to enroll this spring in Criminal Procedure and for Constitutional Law, as well as to participate in the meetings. JobSearch by Computer Austerity Measures - - * 1st Year Participation Restricted In Criminal Justice Program By Karen Gorbach and Holly Hite context of a seminar to be offered they may be able to remain foracademic credit" next fall. involved in a planningcapacity. Rosenberg also offered Freshmen anxious to get in on Students inquiring about the the ground floor of the contro- program have learned from freshman students a "good faith promise" to attempt to versial Criminal Justice Specialist project planners that if they are Program have been told that they not allowed to continue in the incorporate them into the will not be able to enter the three-year project for credit this year and that the starting date for the program has been moved back to next September, when it will be directed toward next year's entering class. According to Program Norman National Institute of Mental Health funding was arranged last July with a projected implementation this year, a continuation of the program has been granted to allow for further development. The total NIMH grants are expected to be about $250,000. Rosenberg also said that interested freshmen might be able to enter a pilot project involving no-credit seminars this Spring. Further, he said that about ten research proposals will be accepted and funded over the summer. According to an announcement released last week by Provost Richard Schwartz, these summer projects may be developed in "the Coordinator Rosenberg, Prof. although program after their summer work, program. Placement Surveys Class of 1974 The results of a recent survey by the Law School Placement Office of the 178 members of the graduating class of 1974 indicates that 83.8% of the 130 graduates now contacted have found jobs in the legal profession. The Class of 1974 numbered a total of 178 graduates. At the present time, 130 of these have been located by the Placement Office, which,has learned that 109 presently are employed in law jobs while still seeking legal positions. Another 48 graduates are 21 unreachable due to incorrectaddresses or non-reply. Of the 109 already employed, 55 are employed in private law firms while others are employed in government law positions, legal aid offices, corporations and banks. Three graduates are serving as judicial clerks in New York City, Denverand Buffalo. Members of the Class of 1974 are working principally in New York State, but are located also in twelve other states from Hawaii to Massachusetts and in the District of Columbia. The Placement Office is still seeking information about 48 members of the Class of 1974 whose employment status is unknown due to the fact that current addresses are not available for them. A list of these graduates has been distributed to the student body, and the Placement Office will appreciate receiving pertinent information about them. #c are quite strong in first-year, but much weaker in the other years. * The Civil Law Clinic drew little support fromany year, while both the SLF's and the Criminal Law Clinic were strong in first -year but weaker in second and . third-years. * Innovative and interdisciplinary courses drew some support in first-year but likewise were weak in upper classes. The results of the questionnaire were presented to the Academic Program and Policy Committee two weeksago to assist the Committee in its taskof defining the School's essential course needs. The matter is presently also under discussion by the faculty, who deferred action on it at the November meeting to allow time for the student questionnaire. Survey Results . First year Second year Results Results 51 34 64 Antitrust Law Arbitration Corporations 69 Labor Law Collective Bargaining 73 43 21 38 47 18 11 Social Legislation Corporate Reorganization Corporate Taxation Commercial Transactions 1*11 Copyright & Patent Law Creditors & Debtors Rights Consumer Portection 49 Products Liability 23 Remedies 14 Trade Regulationn Advertising 21 Regulation of Criminal Procedure 102 63 Criminal Law Clinic 42 luvenile Courts Law 35 Introduction to International Protection of International Human Rights 30 40 Administrative Law Evidence .92 Conflict ofLaws 34 Civil Procedure II 58 54 Constitutional' Law II Trial Technique 105 Legal Process 12 New York Practice 100 12 Process Judicial 5 Administrative Discretion 24 Appellate Practice 28 Federal Taxatiorri I Government & Land 19 8 Federal Jurisdiction Estate Planning 39 14 Gratuitous Transfers 32 Land Transactions 29 Fundamentalsof Municipal Law 4 Future Interest 54 Law and the'Poor Family Law 55 Civil Law Clinic (School & 26 Family Law Clinic) 19 Problems in Low Income Housing Problems in Child Custody 23 Data Banks & Privacy 28 28 Law & Public Education Philosophy ofLaw 32 14 English Law Background American Legal History 21 66 Simulated Law Firm . - • ef — V ~~~*j Third year Results !2 * » 27 90 58 24 II 13 84 15 28 '"9 8 12 9 11 .70 17 ' 12 13 20 7 8 6 40 6 28 26 41 31 67 6 93 4 15 55 1 72 3 99 35 21 10 8 44 15 20 32 49 36 12 19 42 44 10 21 10 55 19 9 30 12 10 7 18 7 2 3 14 3 • "Cherish your visions They are the seedlings realities." ■°' —James Allen. ' Greg Fabianski 360 DelawareAvenue Buffalo, New York 14202 Telephone: 854-1846 Connecticut Mutual Life • THC eLUC CHIP COMPANY SINCE 1846 12 8 6 3 . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-12-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/19/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/689234b7769a60b691c15523e8f45a91.pdf 5a3843214256937f67c24b7d61853f2e PDF Text Text Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Volume IS, Number 5 State University of New York at Buffalo School ofLaw Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 December 5,1974 Week of Oral Arguments Climaxes 1974 Desmond The Ninth AnnualCharles S. Desmond of a commercial nature unprotected by the Moot Court Competition rushed to a First Amendment, that the order properly climax just before Thanksgiving as advanced a state interest in equal protectwenty-foqr teams, having spent the tion, and that the treaty covering the previous month researching and writing advertisement was federal action unconstitheir briefs, competed against each other tutionally promoting discrimination under for the coveted Competition awards and the Fifth Amendment. invitations to join Moot Court Board this Moot Court Board members Ray spring. Bowie, Carl Goldfield, and Paul Grpschadl The problem this year involved the drafted the problem in such a manner as to Constitutional ramifications of a engineer a conflict between fundamental cease-and-desist order issued by 'a state First Amendment and equal protection human rights commission against rights, introducing the commercial speech newspaper publication of advertisements and treaty power issues to bolster the refor South African employment and specjivp sides.;:;:. : : ;: : ; : ; investment. Complicating the press Each team was given the opportunity freedom and equal protection issues was a to choose one side to be briefed, but treaty with South Africa commiting the through the three-nights of preliminary federal government to the protection of rotmds, the teams were required to alsuch advertisements, injecting thereby the ternate in arguing each side. Moot Court issue of treaty power under the competitions generally require reversing sides in argument. Briefs were scored Constitution. Teams briefing the newspaper's separately by the members of theDesmond position argued that the commission's Committee, while oral scores alone deterorder was an unconstitutional infringement mined the winners of the preliminary of press freedom, that the advertisement rounds. was fully entitled to such First To determine the semi-finalists, the Amendment protection, and that the brief scores were added to the averaged treaty was Constitutional and hence oral scores from the preliminary rounds, afforded the newspaper further protection and the resulting four highest ranked teams against the commission's order. Those who entered the semi-finals on the evening of briefed the commission's side contended, November 22. to the contrary, that the advertisement was continued on page 4 .. Second Circuit Considers Added Required Courses by Ray Bowie quire that anyone planning to attorney Robert L. Ctare. The practice in the Circuit's federal Clare Committee, it is thought, reIn an action which has caused courts also take courses in Crim- ceived its impetus .from the conunofficial consternation" at this inal Procedure, Evidence, New cern felt by Chief Judge Irving .. Competition Winners: Sterner & Clegg (Middle & Right) : . . York Practice (which now incorporates a professional responsibility component), and Trial Technique. -Zaeuch - : law school and others, the Second Circuit Court of Appeals has pro■ posed a setof course requirements that any prospective practitioner before federal courts in the Second Circuit will have to have fulfilled prior to applying for admission to the federal bar in the Circuit. The* proposed rule, which would i mpose course requirements: in addition to those presently stipulated by the New York S(ate Court of Appeals, specifies that r.ich applicant for admission to federal practice show successful completion of "a course of study in an educational institution in the following subject matters," listing evidence,., civil procedure, criminal law, criminal procedure, professional responsibility, and trial advocacy. The Law School presently requires courses iri Civil Procedure and substantive Criminal Law in the first-year, but the proposed Second Circuit rules would re- \ The proposed rules have been formulated by the Second Circuit's Special Committee on Qual ifications to Practice before United States Courts, knownalso as the Clare Committee by the name of its chairman; New York : Kaufman of the Second Circuit that too many attorneys practicing in federal courts lacked basic trial competence- and that increased course requirements in law school were needed to insure this competence. In remarks before the 1974 ABA Annual Meeting, Judge Kaufman recommended the same courses that would be mandated under the proposed rule. . s-Zaetsch Runners-up: Ross & Pastey. Dan MacDonatd presents awards. Hamburger Waiver OK'ed At their meeting of November 27, the SUNY Board of Trustees, responding to an appeal by the administration and friends of the Law School, voted to waive the SUNY retirement rule in the case of Prof. Adolf Homburger, thereby permitting Mr. Homburger to continue on the faculty through the 1975-76 academic year. The favorable Trustees' vote represented the successful culmination of campaigns for the waiver urged by the faculty, the SBA, alumni, Law Review, Opinion, PAD, Puerto Rican Law Students, 'and a host of individuals prominent in the profession. As the waiver applies only to the next academic year, administrative sources have assumed that any further waivers for future years would require separate appeals. Opinion To Publish Research Journal Opinion, the Law School newspaper, announced early this week the launching of a new Law School publication this spring consisting of student works selected on the basis of legal scholarship and writing ability.. The publication venture, facilitated by a $500 SBA appropriation and an anticipated -allocation from the Law Alumni Association, was broached to the faculty in a tetter which requested their cooperation in recommending their best studentpapers and to the student body in a recent Newsletter announcement soliciting contributions directly from students. According to the proposals submitted to the SBA and the Alumni Association for funding consideration,the Opinion venture envisions a journal fcf perhaps six or seven student research papers chosen for their legal scholarship, public interest, and utility to the profession. While to Opinion either by faculty recommendation or by the student authors themselves, selection of papers for publication will be theresponsibility of the Opinion editors, faculty consultants, and several ■students who will be invited vto participate by virtue of their involvement in other professional contributions may be submitted activities at the Law School, activities such as SBA, Law Review, Moot Court, and Legislation Project. The concept of the journal had its origin, explained Opinion Editor-in-Chief Ray Bowie, in several inquiries made by faculty last year as to whether Opinion could publish student papers they might recommend, which offers Opinlbn had to decline thendue to its basic continued on page 8 . �2 Editorials December S, 1974 OPINION Interview: The Sociologist of Law & The Legal 'Subculture' Curricular Bulldozing In the first part of Opinion's interview with Dean Schwartz, theDean explained how research for his sociology doctoral thesis led him into deeper Alarming would seem too mild an adjective to describe studies of the development of legal systems and a theory that legal are generated when other the local effects of the Clare Committee's proposed rules for societal controls systems managing become ineffective admission to federal practice in the Second Circuit [see news disturbance. At Yale, he made his firstinattempt to report, page I], but any more appropriate adjectives would, teach the approach to lawstudents. we fear, run risk of affront in a polite publication such as ' this. Certainly, there can be no quarrel with critical assessments of the profession's general trial or appellate competence, nor with jeremiads addressed to the state of professional ethics, but surely we must question the facile assumption, implicit in the proposed rules, that future trial debacles and future Watergates are preventable by a Circuit Court's prescribing an immediate mandated curriculum for law schools. Perhaps a good case can be made for particular course requirements for federal practice, but that case is not well advanced by the Clare Committee's bulldozing into law school curricula in utter disregard for existing regulatory mechanisms, such as the ABA or the State Court of Appeals, and years of local planning, experimentation,and building in curricular areas. The most serious impact of the Second Circuit's proposed rules must, however, be couched in individual rather than institutional terms, for the present third-year class has had absolutely no opportunity to prepare itself, through proper course selection, to meet requirements for federal practice that, perhaps will take effect this spring and apply to all subsequentapplicants for the federal-bar. The Law School, whether through the administration or faculty committees, would be remiss were it not to vigorously protest the deleterious impact of the Clare Committee rules as they are currently- proposed. And the Second Circuit, we would think, might be well-advised tp resort to negotiations with law schools at this point, so that desirable curricular" requirements could tie introduced at a pace whichjs fair Jo present students and reasonable from the standpoint of institutional resources. An Embarrassment Recent Distinguished Visitor Forums .have been the occasion for much institutional embarrassment here at the Law School, for embarrassment only naturally ensues, both for the guest lecturer and the student body which ignores his presence, when merely a handful of students show any interest in topics ranging from judicial election to Cuba's legal system, or from prepaid legal services to City housing court, or from consumerism to international pollution control. While DVF and other groups art endeavoring to supplement the curriculum with varied and top-quality presentations by guest lecturers of professional prominence, the student body seems content to loaf its way through speaker's hour, doing nothing other than waiting for classes to resume, while the faculty, who also might give a thought to attending the lectures, universally seem to prefer the intellectual stimulation of their own offices. Part of the fault must, of course, rest with, the failure of the administration to provide more than one free hour each week for the multitude of speakers, meetings, and other activities essential to a law school. A portion of the blame might also rest with those sponsors of programs who fail to check with the SBA or the Registrar's Office on potential scheduling conflicts, thereby thwarting any possibility of rational scheduling for the free hours. The relative responsibility of these parties, who at least make heroic attempts to provide something of interest to students, surely pales however against the responsibility of those who have found nirvana in their own apathy, this latter apparently adumbrating the extent of their future contribution to the profession. Thanks to some student prompting, the administration is reserving two activity hours next semester, one for speakers and one for meetings, but unless attitudes around here change radically, two hours instead of one will only mean twice as much institutional embarrassment this spring. continued from last issue changes can occur. One must set boundaries and reassure people." Achievement of such a system, then, is up to the leaders in the legal system. Thus, Schwartz argues, that "the profession in its law-making and law-applying functions should be enlightened to the fullest extent possible in order to make law more responsible in the development of society." Further, Schwartz urges that legal education strive to impart a systemic understanding of the skills that a lawyerneeds in terms of methodology of analysis and argument. If the law is to be a useful tool, lawyers must be trained to assume not only the traditional legal role of advocate in a strict prosecutorial or defense role, but also to assume a second role as an "observer-student" and describer-explainer" who would be more able to effectively handle litigation, administrative pronouncements and the true meaning and effect of As founding editor of the Law and Society Review, as a member of dozens of social science investigatory and advisory panels and commissions, and as a teacher, Schwartzhas attempted to infuse this perspective into the legal system and in particular into legal education. Indeed, he helped pioneer the field in some score of published articles and such books as Society and the Legal Order with Jerome Skolnick, 1970, and the recently published text Criminal Law with Joseph Goldstein and A. legislation. "Such a lawyer would, for example, be more Dershowitt, 1974. Teaching work done at Yale premised on these ■able to defend or attack the constitutionality of a theories, however, originally proved disappointing given sentence by stating its deterrent or and it was found that general theory did not excite rehabilitative effect, or argue cruel and unusual law students accustomed to working with specific punishment or due process issues." controversies. "The ; Law and Behavioral Science .As the effects and purposes of laws become Program at Yale," 12 Journal of Legal Education 1 more important in'what Schwartz sees as an age of growing Schwartz noted that "the excitement administrative law, he 'argues that the There, (1959). began when we got specific,' and he. suggested that methodology to work with'such arguments must be issues taught on that level be more concrete in order taught to the lawyer. to accommodate the student preference, and At present, Buffalo Law School is serving as a facilitate the teaching of the "sociological approach" testing ground for certain programs that Schwartz law students. believes to will reach closer to achieving these goals. Th rough out, Schwartz maintained his The Simulated Law Firm Program, Schwartz perception of the law as"an instrument/Of social, suggests, offers continual-evaluationand feedback to policy" that necessarily "emphasizes the human participants who learn through their experience to element in law; that it .is made and administered by work in methods which will aid in law practice, human beings; that it affects human beings; that it supplementing current educational programs." may be a means by which society can help to -Another project, the Criminal Justice Program, develop vast untapped human potentials." Schwartz thinks, will present students with an His commitment: was, clear:, to marry law and .opportunity to examine the criminal justice system ■> through means suggested by social science instead of social science. ; _;;, .-The only recently-consummated matrimony proceeding on the traditional plans of merely ■might now be used to help answer-a question that examining case law and statutes. Such programs Schwartz asks (while admitting a debt to the works represent continuing efforts to develop new ways of of Hobbes and Durkheim) as to the basis of legal strengthening legal education. If they prove sound systems: "How can you utilize the differences under close scrutiny, if they are able to contribute to between people, the existence of which are professional training, they may be incorporated into unquestioned in a society such as ours, to expedite the regular program assuming resources are contributions they make to each other so people can available. They may be useful additions, Schwartz functioning continue with some degree of societal thinks, to the establishedcurriculum. But, he adds, order?" the entire program must contribute to the The answer, says the sociologist of law, is that understanding of law as a means of effectuating the appropriate means "don'tdevelop automatically. social goals. And at this law school, he adds, "it There should be a framework within which these really does!" -- , , , ' - . ' — Letters to the Editor Dear Editor: It is a well known fact thatall the Russian czarinas filed for divorce. This is because their husbands were always Romanov. Gary Muldoon To the Editor iuled for the hour from 12 to V— I have three questions that I an SBA meeting, a lecture by Mr. < want the administration of this Fahringer, Environmental Law Society meeting, placement workschool to answer: 1) Why is there only one hour per week scheduled for activities? On Monday, September 16 there were 5 different activities sched- , OnilllOll Volume 15,Number 5 Decembers, I<>74 Editors-in-Chief Kay Wigtil Guinane Ray Bowie Managing Editor: Matthew Leeds Photography Editor: Eric Zaetseh Feature Editor: Louise Tarantino Sports Editor: Dave Geringer Alumni Editor: Earl Carrel Business Manager: Allan Mantel '* . Dennis Pasiak, left Chamberlain, William Ernsihaft, Gerry Hudson, Gary Muldoon,Shellah Rostow, Sandy Presant, Gerry SchulU, Howard Stirling, Carl Herrlnger, Dick Glick. Sam . , .•. OPINION is published every two weeks, except for vacations, during the academic year. It is the student newspaper, of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNVAB Amherst Campus, Buffalo, New York 14260. The Views expressed In this paper are not necessarily those of the Editorial Board of OPINION. OPINION is a non-profit organization. Third Staff .'or Class postageentered at Buffalo, New York.. ■ Editorial policy of OPINION Is determined collectively by the Editorial Board. OPINION is funded by SBA frnm Student Fees. I »» up shop, and an International Law Society meeting. On Monday, No- vember 5, there were four placement workshop, — Senator Dunne's lecture, BAR/BRI meeting and an Environmental Law Society meeting.Surely some students will want to attend more than one of these activities. I strongly suggest that the schedule for the second semester of this year and all succeedingsemesters include three hours per week for activities. This Is not too much to ask the schedule could be worked around these activity hours. We all know there is more to law - schooj than classes. 2) Why Is It that, djjring the fall and sprrtig semesters of 1973-74 and 1974-75, Prpfessor Mann has been and Is be the or|ly professor to teach Con Law B? Professors Hyman and Newhouse are certainly qualified to teach this course. continued on page 8 �' End of the-Btt. An Interview With . . . The reasona'Ble The Reasonable Man VS. (Sic) Poltroon Decembers; 1974 OPINION by William Ernsthaft meeting, the Reasonable Man had not let time take its toll. The weak chin, the tired In the interests of bringing the readersIbags under the eyes, the stoopedrounded of Opinion the most informed look at shoulders. Nothing had changed. (But then modern trends in legal jurisprudence again, the Reasonable Man is always possible, Opinion has again conducted an Ibecoming and never is.) When he awoke, interview with that world famous the Reasonable Man looked at this reporter expatriate, the Reasonable Man. As you with growing recognition and said may well remember, at the last interview|pointedly "Hello, how was your summer, with the Reasonable Man held at his\and what courses are you taking now?" palatial, though reasonable estate in the After the perfunctory pleasantries and lush valleys of the Amazon jungle, the a query by the Reasonable Manabout how Reasonable Man vowed that he would Ithings on the "tundra" were, the interview never return to the big cities ("No Ibegan: Reasonable Man would live in(Q: Sir, perhaps we should begin by getting Lackawanna"). In that interview also was5your views on the most dramatic portrayed the anguish of the Reasonable (developments of the year, namely, the Man who had for close to seven centuries\Watergate affair, the pressure on Richard carried the burden of Western legal |Nixon, the resignation-of Richard Nixon, jurisprudence on his thin, but adequate, ttheshoulders. The Reasonable Man had had |RM: Richard who? enough of hairy hands ("He hadn't even (Q: Richard Nixon, sir. Our former late shaved op the morning of the trial," the ggreat president now suspected but* Reasonable Man had recounted), snotty pardoned j crook with phlebitis. kids, and broken midshafts (riot to | You don't mean the late great fascist mention the man with the egg-shell skull). RM: now on the_edge of death but still holding However, given the momentous on to all the marbles, with phlebitis, do political and social developments thathave jyou? «■ transpired in the past year, including a new (Q: No, but it's strange how all those people entering class of law students who had gget confused, isn't it? never even heard of the .Reasonable Man |RM: Wait, now I remember, Nixon, the (can you believe it?). Opinion felt that a Checkers speech, kicking him around, the second Interview was necessary to add |Presidency, the game plan, yes so relevance to Opinion and the North what? Campus in general, whichis no mean feat iQ: Sir, you don't have any comments on ■ indeed. This reporter was assigned to tthe tragedy of Richard Nixon? conduct the interview. He was a bum and he what was got IRM: After a boring eight-hour flight to Rio (coming, so what? broken only by an abortive hijacking Q: Hmmm, that's reasonable. Well, what attempt by a half-crazed ACLU attorney do you think of Ford? driven to the edge by the DeFunls decision IRM: Bad car, had president. However; and captured after1being quieted down by IFord Will appease the anti-intellectual, readings from the Douglas dissent, this Ilet's-have-a-potato-for-President bloc of reporter arrived in Brazil. Guided to the \Voters in the United States. That's the gran '. Reasonable Man by Jewish jungle guide cdeur of America, every group if it looks who hoped to get into a Brazilian law |hard enough and has enough money will school on a reverse affirmative noblesse ffind a representative to champion their oblige policy instituted by the big-hearted ccause. However, the American people will Brazilian government, this reporter felt a tbe sadly mistaken if they think thatall the sense of deja vu and a touch of malaria. It fproblems that faceAmerica will be solved was close to being a religious experience, tby dumbness alone. That might have being able to drink again from the fountain worked in the 1950's but it won't work ofreasonableness. nnow. The Reasonable Man was on his porch sleeping when this reporter arrived. Although a year had passed since our last continued on page 6 : ; ' : r c < , , " ... ' , < v Prespectives In Legal Medicine by Jeff Chamberlain "It is said that man is a reasonable animal. I have been searching most of my life for evidence in support of 'that assertion." Bertrand Russell Asininity? Well, my children, said the kindly old grandfather, gather round andI ... shall tell the tale Once upon a time, not so very long ago, there was a small island kingdom known at Jurisprudentia. The Kings who ruled this bucolic country were foreigners from across the sea who had viciously and I had intended to follow last issue's mercilessly conquered the peaceful folk assault upon Shakespeare with another who lived there. These fine, God-fearing installment. However, that will have to people, who several'centuries earlier had wait until 1 have replied to the vicious and viciously and mercilessly conquered the unprovoked attack upon me by the peaceful folk who lived there before them, so-called. Reasonable Poltroon, a purported were held in virtual bondage by the evil interview with whom appears elsewhere in foreigners. The conquerers had forcibly this issue. We are told that the Reasonable replaced the heathen of the Poltroon now but a shadow of his natives with The One superstitions True Church, under former self resides in Brazil, presumably whose teachings the serfs and peasants had in the little retirement village with God, one-hundred ten holidays each year. This Judge Crater, and that famous Austrian early form of parity proved inconvenient housepainter with the funny moustaches. to some of the Nobles, who needed the This retirement haven was revealed last produce from the peasants' farmsand skills year when Hack Reporter, ace sleuth for a to finance Holy Wars and Jousting great metorpolitan newspaper, ferreted out the hiding place in a piece of journalistic Tournaments. Consequently, these Nobles staged a Demonstration at the King's brilliance the world-wide ignorance of Castle, calling for Radical Changes in the which can only be attributed to blatant System. favoritism on the part of the Pulitzer Prize The Nobles presented to the King a list Selection Committee. In his previous of Non-negotiable Demands, one of which, public contact with the legal community, after considerable negotiation,- was the Reasonable Poltroon had responded to partially granted. The Nobles allowed, the interviewer's puerile questions with within limits, to administerwere their own what appeared at first glance to be little affairs. Now, since this was some months more than babbling inanities. Ah but what, before the ratification of the Thirteenth as the saying goes, is in inane? When read Amendment, "their own affairs" included carefully, looking between the lines for the behavior of the vassals who worked the hidden insights and subtle nuances, the fiefs. words that had seemed so devoid of The upshot was, of course, twofold. significance at first glance were On the one hand, the breaking of the miraculously revealed as a truly stupendous absolute power of the King enabled the collection of rambling banalities. Nobles to control their dwn affairs. On the .1. This., year, for unfathomable reasons, other hand, in a sort of hierarchical Opinion, a publication whose major domino theory, if Nobles could beat the accomplishment has been the almost King, then Peasants could beat the Nobles. complete emasculation of traditional And so, the hoi pollol, tired of being English syntax and grammar, has again sent Second Class Citizens, began to Assert Hack Reporter to visit the Reasonable Their Rights. They complained, among Poltroon. And in these days of other things, of, among other things, the ever-changing values, beseiged as we are on Npblei acting//) Loco Pprenils, and they all sides by Sinister Forces seeking to demanded the right to govern their own undermine the underpinnings ofstructures, affairs and extended parietal hours in their it is a pleasure to find one thing left hovels. In the inevitable compromise that unchanged: The Reasonable Poltroon is followed, the modern judicial system was still a doddering old fart. born. But whence, you may ask, arose this About this time, a Handsome Prince ■Master of the Mundane, this Avatar of was born to a Jewish motherand an Italian — * -- > continuedon page 6 Technology & Malpractice Suits by Howard Stirling lawyers off our backs!" and, "We must have some defense-, of doctors against the inroads of lawyers and politicians." This article is a critical examination of Dr. Robert A. In addition, Fischl states, "What have we come to in the Fischl's own article entitled "In Defense of Doctors" practice of medicine We are now practicing the same which appeared in the October 17, 1974 issue of the New verbal convolutions as the lawyers, and we are being England Journal of Medicine, medicine's most prestigious encouraged to follow the same evasive tactics." periodical. 1 One of Dr. Fischl's strongest beliefs is that lawyers are to blame for the problems doctors have today Substantively, (1) Fischl begins his article by contending that it is the lawyer and not the nurse, family, with their patients. You may ask why bother with all this? The reason or medical technician who has become the first important must be known and known well by all. When an article of person in the practice of medicine today aside from the Dr. Fischl's type replete with inaccuracies, blindness and physician and his patient (2) Fischl then claims that, outright distortions is allowed to grace the pages of because of lawyers, the level of care rendered by doctors medicine's greatest journal, the unquestioned veracity to their patients has declined. (3) He illustrates this by given it by most medical professionals, if unchallenged will giving as an example the difficulty he encountered with a only serve to perpetuate the unnecessary acrimony that woman and her husband in obtaining the woman's consent exists between doctors and lawyers. My own purpose here to remove a mole fromher person. Fischl goes on to blame is not to villify this one physician, but to help educate the malpractice hungry lawyer for the physician's legal professionals as to how and why a physician can problems with (4) the heavy paperwork load as shown by develop such a twisted view of the lawyer's role in the the need for consent forms in duplicate. (5) the necessity doctor-patient relationship. From myown vantage point, I for documentation of what was discussed with the patient, think that Fischl's views are so dangerous that I feel and the risks involved with that particular procedure, (6) compelled to dispatch a reply to the New England Journal the burden of wasteful diagnostic tests, and (7) the. uneconomic use of x-rays. Fischl finishes his grievance list ofMedicine to be entitled "In Defense of Lawyers." The remainder of this article will first be concerned with (8) the conclusion that not only must the doctor then with worry about all of the above that are supposedly with outlining Fischl's arguments and responding to each of them. To begin with, to give a flavor concerned with the patient's welfare, "but [must worry] of what Dr. Fischl's theme is in his article it Is only about the aggressiveness or veracity of the lawyer who necessary to quote him as follows: "We must get these. kirks behind every patient," as well. ... — - 3 In rebuttal, (1) the lawyer is certainly not the most important person bearing on the doctor-patient relationship today. In the vast majority of cases, the patient still walks away content enough with the treatment given, that no malpractice suit is ever filed. And even here Fischl admits that "among everybusload of patients, there ..." is [only] one or two who come to challenge the doctor. Furthermore, one well known defendant's bar malpractice attorney found that in his practice only 1-2% of cases represented "blood-money cases"" in which a patient sues on malice or pretense. 1 This attorney has also discovered that the vast majority, about 90-959J of his malpractice suits, were not due to the fault of lawyers, but to both (a) a bad clinical result, sometimes unexpected, and (b) a poor doctor-patientrelationship. As for the first, there is little that the doctor can do, especially when he had exercised reasonably prudent care, and stilt the bad result occurred. However, for the latter instance, the physician should realize that patients know more of medicine today and, more importantly, have feelings that also must be attended. As Boardmanhas said, 'Too often the harm done the patient is one of omission. Anxious about his biomedical dysfunctions and biochemical disarray, we forget the patient as a human being, address him absentmindedly and perfunctorily."3 In essence then, the soothed patient, although he has suffered a bad clinical result, will be more likely to sit there stoically and take it, (if the harm doneis not irreparable), 9 continued onpage 7 �December 5,1974 OPWIONI 4 Week of Qral rAfgi*ients n Jewish Law Students Meet by Carl S. Heringer & continuedfrom page I Richard I. Gtick Emerging as semi-finalists this year were the teams of Matthew Leeds and Ron tiskin; Eugene Reibstein and Ronald Ramirez; David Ross and Carolyn Pasley; and David Clegg and Christopher Sterner. In two close contests, the highest-scoring teams of Ross-Pasley and Clegg-Sterner advanced, to the final round on Saturday, NovembeV 23, to argue before a distinguishedpanel consisting of Hon. Charles S. Desmond, former Chief Judge of the State Court of Appeals; Hon. Matthew j. Jasen, Associate Judge of the Court of Appeals; and Professor Kennetfi Joyce, Moot Court faculty advisor. Victory in the final round went to David Clegg and Christopher Sterner, marking the first time in recent years that firstyear students won the Competition. Runner-up awards went to second-year students David Ross and Carolyn Pasley, which team also received the award for Best Brief. The award for Best Oralist was given to second-year student Eugene Reibstein. Following the final round, the 1974 Desmond Competition was concluded by a cocktail reception and buffet dinner for judges, Board members, and Competition participants. Selection of candidates to Moot Court Board will be made in the near , On Monday, November 25, the UB Jewish Law Student Association held its first meeting. Attended by first, second, and third year students, the group sought to crystalize its aspirations, to tell why they were organized, and in a lively discussion, to find out what the student body hoped to have in such an organization. The need for certain reforms was recognized by those present, and those enumerated will probably form the bulk of the Association's initialactivities. Best Oralist:'Rcihstein (Left) future, and invitees will be notified by letter. Forty-eight students, both first- and second-year, participated in the Desmond Competition this year, an increase from last year's thirty-six, constituting the largest number ever to compete for Moot Court. international bilateral and multinational corporations and groups such as NATO and the 'OECD to.explore the problems of international ecology and perhaps develop some solutions. Praising some recent attempts at such work, Thus, Dr. A.C.'Kjss of the University of exemplified by the work of the recent Stockholm Strasbourg;,dempnsjrated to. a, law, school audience,, Cpnference, Dr. Kjss suggested that much further last month one of the problems of developing work is required. He suggested that a most important area of international, prqtection of the environment. Speaking before about 5p students, Dr. Kiss consideration now must be thatof research into the asserted that public opinion, in many cases problems of the ecology and the development of overriding generally controlling economic methods of protection from pollution and waste. Dr. Kiss also stressed the importance of considerations of large countries, had become the key force in a recent surge of international economic developing international cooperation and action in the field, and of training lawyers to draft laws and concern and action. Dr. Kiss suggested the use of new and existing treaties that would create such operations. . Van EverY described another "clearinghouse for environmental research projects for area indi- viduals and firms." Groups involved in proposed environmental legislation contact the Society which in turn offers interested students the opportunity to do legal research on the proposals. * COMMUNITY ACTIVITIES: interaction with COLPA, an organization fighting anti-semitism in areas such as job discrimination; cooperation with other Jewish organizations in the UB community, to help further identification with issues of importance to all Jews. . . Desmond Defends Elective Judiciary \ by Dennis Pasiak "On November Jl, 1974, the Honorable Charles S. Desmond, of *h«-^Hjwr .forjner.jChief $toteTCourjt o{ Appeal*.and' of this deliverschool, an alumnus ed a brief, speecfi In Abuttal to Chief Judge Breitel. Chief fudge Breitel advocates the "merit" selection of judges," that is, a system by which poten- j| tial judges are evaluated by a commission and then three are selected as the better qualified. These three names are then forwarded to the governor who in turn selects one for the judgeship. Governorelect Carey/by the way, favors this system. Former Chief Judge Desmond Hon. Charles S. Desmond Past projects include the Fuel Services, now before AEC does not favor the above described merit system and even attacks important, if not more so, "humdrafting of an aesthetic zoning law hearing. the name itself as a public rela- an qualities thatgo with the job." for Buffalo which has been incorVan Every added that the En- tions gimmick. Judge Desmond is Furthermore, the merit system porated in a booklet for regional Society vironmental Law receives planning on zoning and is cura firm believer in the elective might lead- to an elitist corps of rently before legislation,and work issues of environmental publica- system of judges and points out judges- while the elective system on a Bike Path Bill for greater tions, such as the Sierra Bulletin that the system has been u.sed in enables the "common man" to beand Echo Issues, which are avail- New York State fOF over 125 come a judge. Buffalo. The Environmental Law So- able for students to look at in the yearsand that, in that period of Society's Office, Room 112, time, New York State has had a action ciety is also involved in Judge Desmond cautionedthat most professional and well reagainst the West Valley Nuclear O'Brian Hall. the elective system could be cirv spected judiciary. cumvented in its purposes by wild J vdge Desmond stated that and extravagant campaign spendthere is no proof whatsoever that ing a la Fuchsberg, but he said the merit system would produce a thatwith a limiton campaign exby Gerry Schultz better judiciary and thatit would penses and stricter rules, the The Environmental Law Society wishes everyone a good be folly to abolish a system that elective system would be morere"vacation" and wishes to remind everyone that our individual actions has worked so well for so long. presentative of the people. can have a major impact on preserving and protecting the environment. The elective system has produced If you are going to buy a tree for the holidays, buy a live tree and a professional judiciary that is plant it. Recycle your glass, metal arid paper. Buy your beverages in well respected in not only New In closing, Judge Desmond returnable or biodegradable containers. Givealternative gifts scented York State, but also throughout stated that despite the endorse" hand Great States, candles to use instead of aerosol sprays, shaving mugsand razors the United in ment of the merit system by such newspapers as the New York instead of electric razors and aerosol shave cream. Don't give Britain, and in Europe as well. The formerChief Judgeargued Times and Buffalo Evening News, unnecessary electric appliances. Use recycled paper whenever possible. Walk short distances instead of driving. Buy items that are not that the election of judges pre- then is no compelling reason for serves a democratic tradition and the merit system to replace the overpackaged.Buy and give clothes made of natural fabrics. Try to keep in mind that the entire U.S. economy is based on our enables the citizensof the state to elective system because the consumption habits and that many environmental problems could be choose their judges. He stated that elective system is "tried and alleviated by changing consumption habits. For instance, for each a committee might be more com- ■jrue." kilowatt hour of electricityproduced in a fossil fuel plant, the utility petent as far as the purely techniA short question and answer must burn nearly a pound of coal or a tenth of a gallon of oil. If we* cal aspects of the "job of being a are session followed the Judge's predecreased our use of electricity, this would save these valuable judge" are, but the people better able to discern the equally sentation. resources and eliminate theneed for new power plants. EVLS Active On Several Fronts of the Society's functions as a * _ A leader of an underdeveloped country at an international conference on ecology told a representative of an industrialized nation, "If you want us to be clean, you must pay for the soap." How many of us are actively aware of our surroundingsand environs? Increasing this awareness is a principal project of an SBA affiliated group known as the Environmental Law Society. According to its president, third-year student Bob Van Every, the Society is practically trying "to put environmental concerns before people, make them aware that it does exist." To achieve this aim, the Society has presented movies, including "The-Rise and Fall of the Great Lakes" earlier in the semester, and sponsored a field trip in October to a nearby park. But the Environmental Law Society is interested in more than merely making people realize that leaves and lakes still exist. also be dealt with.) COURSE OFFERINGS: The JLSA hopes to see a course on Talmudic Law taught, possibly in conjunction with Canon Law, or in addition to such a course. The necessity of these will be seen through future Association action. The JLSA would * SCHOOL CALENDAR: The group * FOOD SERVICE: of vending machines seeks a formal cancellation of classes on like to see to (Rosh offering tjiose students Hashonah and Kosher food the High Holy Days Yom Kippur) rather than relyjrig on the who wish it, such as those now operating in present haphazard process of individual Norton Union, at competitive prices. postponements and makeup classes; In connection with this last item, the Passover and Easter fell in the same week, ) LSA will poll the student body, to yet spring vacation encompasses neither; to also, classes 'are scheduled for Saturday establish a base of popular support meetings, and the same courses are not continue this action. Of course, the JLSA cooperation student and to hopes have madeavailable during the week. participation in all of its planned and SPEAKERS: The JLSA plans to future activities. All interested students are * recruit speakers of interest to the law invited to attend meetings, time and place school who are active in and around the TBA. Further information is available by Jewish legal world (whose existence will contacting Richard I.Glick (636-4013). A.C. Kiss Lectures On Internat'l Pollution Control r , Environmental Notes - " �m December 5, 1974 opiwqN 5 Moot Court TeamFinishes 3rd in Nationals Round ProceSauRF B or Inter-Student Complaints In its best showing in several' years, the law school's Moot Jurisdiction Court national team outscored all In order: to prombte justice and rational decision making; to but two other law schools to fininsure pursuant to Standing Order No. ,1 (sec. DIC) that established ish third in the National Moot jurisdiction of the SBA Board of Directors ..."; to minimize actual or Court Competition in Cambridge, apparent faculty intrusion into student affairs; to promote that sense Massachusetts November 6, 7, and of independence and responsibility crucial to the development of an 8. Oralists Sanford Presaht and attorney; to establish appellate review universally recognized as' Paul Crapsi, coached by team enhancing Due Process; and to facilitate the functioning of the FSRB. chairman Gabe Ferber, wepe-conIn discharge of the duties of the FSRB, to develop a critical vincingly strong in defeating Sufunderstanding and ever improving rapport among the members of the folk Law Schooi and the articuFAcuity of Law and Jurisprudence (Sec. c[l]) vto implementunder late Univeristy- of Connecticut its powers all programs entrusted to it that substantially affect bo(h teams in the first two days of studentsand faculty (Sec. c[2]), competition. Presant and Crapsi were defeated by a narrow margin BE IT RESOL VED THA T: in the semi-final round on the last day of competition by Cornell a. No inter-student complaint of any kind shallbe heard by the FSRB Law School. Had the team won their finalround, they would have pursuant to its primary jurisdiction, butshall only be"heard by way of appeal from a duly constituted judicial tribunal, except as represented SUNYAB in the Naprovided in (l>); tional finals in New York in b. Any inter-student complaint arising from the service of one of the December. Boston University, the students on a Faculty Committee shall be heard by the FSRB regional winner, and Cornell will pursuant to its primary jurisdiction. represent the eastern lawschools in New York. PROCEDURE ON APPEAL " Buffalo's performance was aptly jeflecttve of the three Upon a final decision, Appellant shall have the record, which shall months of hard work in preparacontain a statement of'jurisdiction, the decision of the tribunal, and tion for the competition. The the basis of thafdecision, transmitted to the FSRB, and request of the team's 42-page brief also received FSRB to hear the appeal; upon receiving notice that FSRB will hear the third, highest score of 93 the appeal, the Appellant must file a brief detailing the issues for points out of a possible 100.' The ir-solution, and the alleged errors in the judgement attacked; the winning brief score was95. Appellee, upon being served with a copy of the brief shall file a Ora Iists Presant and Crapsi responsive brief; reply briefs may be directed at the discretion of the' were chosen after practice arguFSRB, before the matter is set down for oonfefence or hearing. Time " ment before Professors Joyce and periods may be established by the Board. Hyman, and Moot Court Board Photos by Zaetsch' , - ' Cantor Compares US, Cuban Legal Systems Robert Cantor, of the New York City National Lawyers Guild, delivered the November 18th Distinguished Visitors Forum lecture on the socio-legal* structure in Cuba. In particular, rje emphasized the development of the popular tribunals, a special system of judicial administration in which the people play a very active role. Mr. Cantor's lecture was based on his. personal. experience gained during several months' study and observation in Havana and in the outlyingprovinces. To describe the Cuban social system, Mr. Cantor drew an analogy to the Marxist Allende regime in Chile. There, unlike Cuba, the ruling power was never really under control of the government, being retained by a wealthy ruling-group. This group, in effect, was> the law, and when they decidedthat the duly elected government was inappropriate, they changed it. The Chilean system of governmental checks and" balances is much like our own in that a Marxist takeover of all the governmental machinery was impossible. Cuba, by contrast, has a single-class society, and a single national governingbody. Under such a system, new laws and a new legal system were needed. "After the second Batista coup in 1953," Mr. Cantor stated, "the progressive laws of the 1930's and 40's were particularly out of touch with realities."After the Castro revolution, an effort was made to construct a legal and a social system addressed to the needs of the people. "State-owned operations work as well as the consciousness of the people has beenraised to make them work," Mr. Cantor stated, so that "the legal system is used-as a part of this general consciousness-raising." Mr. Cantor cited the CDR, the Committee to defend thej*eyolution, a type of neighborhood action organization, which tends to engender a strong peer group incentive. Mr. Cantor experienced this sense of group-actualization while he was a CPR member working on a Santiagopark project. Crapsi Presant MacDonaJd and Ben Idziak. In each round in Boston, they represented Sweetwater College, an all Black university sued under 42 U.S.C 1983 and the Fourteenth Amendment equal protection clause because the college had excluded a Black applicant in order to fill a quota of enrolled White students. The problem was clearly written in response to! the moot DeFunis case. Buffalo has high hopes for next year's national competition, as both Presant and Ferber are juniors and will be active again. seniors Dan Ferber BALSA Attends Boston Law Day by G. Alex Hudson Ori November 16th, the Cohr- bined Boston Black American Law Students Association sponsored a Law Day at the New England School of Law, which is located in Boston, Massachusetts. Mr. Cantor then traced the development of the The purpose of the Law Day was Popular Tribunals, another self-actualization group to provide an opportunity for patterned after the system of judicialadministration minority undergraduate students used by Castro while he and his rebel army were in to familiarize themselves with the the Sierra Madres. Because "Cubans have a law school admission process and mammoth hatred for formal legal systems," the to meet with individuals reprePopular Tribunals have become informal, judges are senting the various law schools selected from among the people. Witnesses are not participating in the program. More examined; they talk. There are no strict evidentiary than law schools were twenty rules, objections as to form, or "sophisticated represented at the Law DaY, inlawyering." The Tribunals are an attempt to involve cluding the Buffalo Law Schooi. (he people in the legal process and to use peer group disapproval as a sanction. The Law Day agenda provided enabled perUnder the Marxist regime, the Cuban family for workshops, which changed from the old anti-feminist machismo sons to obtain information about the LSAT and financial aid. A concept to one where "it is now grounds for divorce morning reception was held for when men do not do half of the housework." There the law school representatives at are now anti-loafing laws, which classify people who which Richard Taylor, National refuse to work as criminals and enemiesof the state. of BALSA, spoke Factories are organized with three member Chairperson the need for a continuous tribunals known as Workers Councils, whose duty is upon toward the urging of commitment to insure that absenteeism and other loafing receive minority group persons to obtain penalties such as loss of vacation or work a legal education. Another theme reassignment. of the reception was the need for In closing, Mr. Cantor noled the differing views the minority legal profession and and rehabilitation Cubaand the law students to be concerned with in in of confession United States. Confession is viewed in the U.S. as a the possibility that the institutions of legal learning may alter part of the plea bargaining process, a device to clear crowded court dockets, while in Cuba it receives their admission practices to the true sentencing displays when it detriment of equal opportunity, a mitigated repentance and personal expiation. In the, U.S., post Defunis V, Odegaard conprisons tend to re-enforce class distinctions, to sideration. "create a class of people outside the economyand to A morning workshop was held then keep them in jails," while in Cuba prisons are used to reorient a prisoner's consciousness toward a for the law school representatives view of himself as a productive member of society. which dealt specifically with the Within the prison, he performs the same jobs and development of pre-law curricula receives the same pay as on the outside. He can be at the undergraduate level which provide students an earlier released only when there is a job available. The would prisons' are almost all open prison farms, closed exposure to legal writing and prisons with 'Cells being reserved for analysis. Several panel members, counter-revolutionaries Ind heinous repeat including the dean of the New England Law School, cited the offenders. deficiencies of a large percentage of all first year law students. Xi~ remedy these deficiencies, many panel participants felt that the responsibility should lie on undergraduate institutions to better prepare students for law school. Theimpracticality of such undergraduate curriculum development was manifest, but the discussion group recognized the benefits of such development in addition to the improvementof the existing legal methods courses being offered at most law schools One comment made during discussion summed up the situation quite accurately, however. This comment addressed itself to the inadequacy of the whole educational process fron grade school to college for a majority of minority persons. The afternoon agenda provided the persons attending an opportunity to meet with the law school representatives. This format communjcation , , ' provided anjexcelleitopportunity forpersons to obtain particular in- formation about law schools, which included discussion about the merits and disadvantages of attending particular institutions. This format also provided a forum where law students could relate the challenges and problems encountered by minority persons while obtaining a legal education. This interview format provided the opportunity for the law school representatives to interest persons in applying to their particular school. This was an important aspect for the Buffalo Law School representative, in light of the declining minority student enrollment over the past year. The character of the Boston area, with its many colleges and universities, provided for many prospective applicants from the state of New . York. �December 5,1974 OPINION 6 VS. , continued from page 3 however, is that any reason to extinguish a simulation? (f that were the case telephones wouldhave been discarded after the first obscene phone call was recorded (c. 1905 in Dcs Moines, Iowa). All in all, on balance, I reasonably feel that clinical programs do more good than they do harm, which is probably true with law schools in general. Q: Very trenchant,sir. Onelast question, if I may. Do you foresee any end to the social strife, bitterness and despair that the prophets of gloom have predicted for the United States In the coming years? Does the legal system offer any viable let's-have-a-potato-for-Supreme- alternatives? Court-justice bloc of legal scholars whodo RM: I'm glad you asked me that question. need a spokesman. Some of theirdecisions Being an expatriate of America, I have a have appalled me [imagine appalling the certain fondness for my homeland, and my Reasonable Man!], especially the DeFunis heart breaks when I read of the dog days decision. Oh, by the way, did you hear that have befallen the land of purple about the recent abortive hijacking of an mountain's majesty with its amber waves of grain. I see a solution though, a legal airplane by a half-mad law school admissions director driven to despair by the remedy that just may solve the problem. I DeFunis decision? propose that America be placed in the receivership of a Federal court, preferably the one presided over by judge Skelly er, never Q: That was a half-crazed mind. Sir, what about things like political Wright, from whence it may be run with trials, videotape television in the proper considerations of due process and courtroom, and the virtual emasculation of equal protection for all. Now granted, this would be in a very real sense a petition for class actions? RM: First, I think all politicians should be an extraordinary writ based on a breach of put on trial. Second, there's too much an implied warranty of habitability in the material on television as it is. And third, country.. However, I think that the Federal why should class actions be any less judiciary could handle the load. True, the vulnerable than any other viable first days would be difficult, but after the adjudicatory vehicle or doctrine? Mark my initial flurry of briefs, I see the concept words, with this Court "separate but being incorporated into our jurisprudence equal" may not be down for the count yet. very neatly. It would also render nugatory Q: Very biting, sir. With your experience thatoffensive state action doctrine thathas over the centuries in dealing with the law, hamstrung Federal courts and Con Law I perhapsyou could give us yourviewsabout classes for years. the advisability oif instituting clinical Q:. Very sweeping, sir. Well, I won't take programs in law schools. There is quite a up much more of your time. Oh, by the debate raging at Buffalo Law School over way, have you enjoyed the copies of this verycontroversial topic. Opinion we've been sending you? RM: Looking at it from a historical RM: Yes, I have"except [The Reasonable. perspective, I can only say that they Man's face darkened] haven't been too I laughed at the case method, fault theory, amused by that knave Chamberlain's artithe Thayer, presumption, mens rea, and cles. His spot in law school could morereasome of the other recent breakthroughs in sonably been given to a money-hungry legal theory. I'm not surprised to find them power-mad future corporate lawyer. Howlaughing at clinicalprograms. What I say to ever, he does satisfy that let's-give-a-knavethem is that if you can have a Moot Court a-chance sentiment that runs high in law you can have a Simulated Law Firm! And, schools. by God, if you can have a Law Review you can have any damn thing! Now, it's been With that the Reasonable Man fell shown to be true by empirical study that asleep. This reporter had the awful feeling clinical programs have spawned dope that the Reasonable Man may not wakeup smoking, communal living, and sitar music, for a hundred years. Luckily, however, the ups and downs of the American political experience do not affect me here in the Amazon too much. We have here what you might call participatory wilderness democracy, better known as the law of the jungle. Certainly cuts down on appellate review, and as a Resaonable Man you begin to grow sensitiveabout that sort of thing. Q: Sir, to begin to focus in on the legal developments, can I ask you what your views on the Supreme Courtare? RM: The recent appointees to the Court have disappointed me, although Rehnquist most likely will appease the anti-liberal, ... Opinion by Dave Geringer Attempting to rebuild after a disastrous 5-20 season a year ago, the basketball Bulls have added several promising newcomers to blend with the Reasonable Poltroon father in the fiefdom of Apples. While yet a boy, the Handsome Prince learned classical history, excelled at the study of rhetoric and oratory, and knew the Hun dred-Great-Books-The-Readingof-Which-Will-Make-One-An-EducatedPerson. When he became a man, he was, as Was the custom, presented to his father at Court, wherehe Was appointed to head the newly formed Ministry of Justice. As the Chief of Justiceat the Court of Apples, the youthful juristbegan to distinguish himself almost at once by adopting the politically expedient course of representing the views of the common folks. He was revered throughout the ■ countryside, and his opinion was required in many Important Matters. His counsel was sought by politicians from the four corners of the realm; economists could always count him an ally when debunking the absurdities of, mostly foreign, experts. Suits at law and equity set at his feet, forhis was the only guiding influence in those Troubled Times. He was thought to be a gentle man, always eager to give a poor railroad or widow a break. Never accused of snobbery, he held firm to the democratic equalitarianism of 'his times, standing uncompromisingly for the collective ignorance of the masses in political matters, and Good Sound Business Solutions. He supported compulsory education as the most effective means for imbuing the populace with'a thoroughgoing mediocrity. He was called to the Capital, and honored by the King as one of theNine Most Reasonable Poltroons of his day. And his fame continued to, grow. He stood fast for Truth, Justice, and the Jurisprudential Way. He advocated The' Abolition, pf Quotas. Two Cars in Garage. Shoes Ton ti?e.Fpotless;Children of i the Rural Districts. The Guaranteed AnnualYear. But there was a snake in the garden. The Reasonable Poltroon was getting old, and the pressures were mounting. The demands for Justice were harder and harder for him to resolve. It was time to retire. The Reasonable Poltroon, unable to stand the heat, got out of the kitchen-. The gnawing tooth of time proved, the better of the stallion of ambiguity. (Don't you just lave metaphors?) Or, at least, such is the story. But do we really know the truth? Isn't it just possible that the man sleeping on his porch in Brazil is not our old friend? First, consider just what are the traits of a Reasonable Poltroon: He is, first of all, skilled at what are commonly known as "practical concerns." One would never think of a Beethoven or an Aristotle multiplying 3,472,701 by" 89,645 without making a mistake, nor could one think of him remembering the range of this or that railway share for two years yet is riot just this sort of thing commonly held to distinguish "reason" from "unreason," especially in the United States, where superficiality of knowledge amounts to almost a national disease? One hardly thinks of a Chaucer or a Sappho tuning pianos, repairing clocks, keeping books, managing factories, or practising law yet is it not against the mentalities of just such people as these that the notions of "reasonableness" are measured? The point is not to denigrate the practitioners of such trades; neigher to cast aspersions on the - - concept of "reasonableness" itself. I merely wish to observe that, despite the alleged retirement of the Reasonable Poltroon, it takes no more (or less) actual sagacity to carry on the everyday hawking and haggling of the world, or to ladle out its normal doses of bad medicineand worse law, than it ever did. Who else but the Reasonable Poltroon could have masterminded the Russian wheat deal, the "horizontal waffling" of the economy, or WIN buttons? Who but the Handsome Prince of Reason could have arranged for race riots in Boston, by whites? Who, if not the Master of Mediocrity, inspires Barbara Walters, The Rolling Stones, and Roman Hruska? Has anyone noticed anything that has become less (or more) "reasonable" since the alleged departure from his position of power of the Reasonable Poltroon? I think that our friend' Hack Reporter has been deceived by a clever hoax. It appears from The End of the Bar that the Reasonable Poltroon is .as in control of things as ever, unless, of course, one mistakenly equates bad management with destiny. Else what are we. to make of the report, apparently by Reliable Sources, of a little man in a grey suit and bowler hat, peering silently from the rear window of the Clapham omnibus as it rambles slowly, slowly, through the opaque darkness of thick, tnglish, industrial smog? I certainly do not intend that these remarks be taken as in any way a criticism of Mr. Hack Reporter. Nothing could be further from my mind. I have known and admired this gentleman since he first appeared on the Buffalo scene just over one year -ago. I never cease to be amazed at the wide range of subjects to which he turns his versatile incapacity, and I've always thought thosestories abouthim and the barnyard animals were somewhat exaggerated, anyway. ., Sports Preview: Cage Bulls Face Niagara Forward spots open Dickinson heads the at forward, with junior Otis Home, freshman Jeff Baker and the loser of the Pellom-Jones duel at center completing the list of possible starters. Home, a crowdpleaser much in the manner of last year's star forward, Horace Brawley, averaged 15 points per game last season to pace all returning Bulls. Home is regarded as having the inside track on one of the forward Co-captain Bop cast remnants of last year's squad. However, the schedule has .been upgraded, and a ten-victory season would be rated a successful one for second-year head coach Leo Richardson's squad. Last year Buffalo was severely hurt by slots, Gary Domzalski, who averaged 10 .the absence of a dominant center, and this hole is a problem which will likely remain points last year, will probably team with as such this year. 6-7 freshman Sam Pellom co-captain Darnell Montgomery in the will challenge incumbent Mike Jones backcoun. Montgomery was a little-used (6-6)4) for the starting -centerposition as reserve last season but the squad's loss of the Bulls look for an improvement over last potential starter Nate Evans opened up a year's combination of Jones and Jim Slay- startingposition. Freshmen Roland Maples ton, now the third-string pivot. "Pellom is and Ron McGraw will battle holdover Gene probably a year away from helping us," Henderson for the firstreserve spot. forecast Richardson. If the Bull mentor's Syracuse first opponent prediction proves accurate, Buffalo may be Buffalo, which opened last season with hard pressed to better last year's record. a 45 point loss to Syracuse, opened their home schedule by hosting the Orangemen as the first half of a Memorial Auditorium doubleheader last Saturday. The Bulls faced Fairleigh Dickinson and, Long Island University on the road this week and re- turn home to face Niagara at Erie Com- munity Coltege Monday night. Two years ago, when the Bulls last played the Eagles at ECC, a Buffalo loss cost the Bulls a shot at a National Invitational Tournament bid. This year, the only thing Buffalo is bidding for is a respectable showing. LAW SCHOOLBASKETBALL LEAGUE RESULTS STANDINGS Cosmic Demons 28, Flyers 25 w Red's Boys Schlegel's Bagels Dribblers Cosmic Demons Barristers Flyers ■ 3 2 2 1 1 0 L 0 1 ) 2 2 3 • ' Schlegel's Bagels 38, Dribblers 27 Red's Boys 35, Barristers 24 Red's Boys 37, Flyers 22 Schlegel's Bagels 55, Cosmic Demons 47 " Dribblers 42, Barristers 38 Dribblers 49, Cpsmic Demons 45 Barristers 36, Flyers 20 Red's Boys 43, Schlegel's Bagels 29 . �December 5,1974 OPINION 7 Malpractice Suits pursue the physician into court. In other words, the secret here is jn the soothing, in the fact that the patient was cared for sufficiently, from his perspective as.a person, and not just as another case, hy the physician; Lawyers have no role here. In fact, state and local bar associations do not allow attorneys to manufacture malpractice suits. Ambulance chasers are no longer welcome. So in essence, it is the doctor's conduct with his patient that sows ti]e, seed of the malpractice suit. The lawyer only serves to harvest the already planted crop. And as an officerof the court, the attorney is under a legal obligation not to file what he knows to be either frivilous or malicious suits. (2) Lawyers alone cannot possibly have made patient care worse off. On the contrary, technology has. I have seen the analogy made more often now between the physician of today and the old member of an embattled guild facing extinction by technology; e.g., witness what happened to the blacksmith when cars began to be produced. Spiro, one of medicine's most gifted writers, calls technology acentral problem in medicine today that one can't escape. Boardman, in his article, has put it all into sharp focus by enunciating the fact that as physicians have become too absorbed in the technical aspects of a case and the fear of possible criticism of their medical technique by colleagues at rounds arises, the duty owed to the patient as a human being gets lost in the process, and the physician fills in the void by turning inward and focusing on his own deeperinsecurities. Technology breeds divisions of labor and specialization. Specialization threatened and almost destroyed the family dbcfejr who once acted as family guardian and friend. Wfth the family doctor mostly out of the way, patients are left with an overall insufficient doctor-patient relationship and consequently are more willing to sue the specialist, who has made a mistake and whom the patient has only seen once or twice in his life. (3) Again, lawyers are not at fault for the problems physicians have in obtaining informed consent. Contrary Fischl implies, it is not riecessary to give a patient what to an abridged course in plastic surgery to get the patient's permission to remove a mole. The law here tries to be reasonable; not impossibly difficult. The crucial principle here underlying informed consent, first declared by Justice Ciido/o, is thar'"Evefy human being of adutt yea'fs'aria" sound mind has a right to determine what shall be done with" his b'w'nTjo'dy. (4) As for Fischl's grievances of being overloaded with paper work and forms in duplicate, this is as much a problem of technology as is the explosion of scientific knowledge. In a lighter vein, if Fischl thinks he is overloaded with paperwork, I don't thinkhe has ever been to a law office, where the poor attorney can sit all day long bogged down in a deluge of paperwork. Seriously though, the difference here is that physicians are uncomfortable with paperwork because they haven't been trained to deal effectively with jt. (5) The necessity for documentation of what was discussed with the patient and the attendant risks involved Is a combined result of technology's demand for filing,information on everything possible and, more importantly, a result of making sure that the patient ultimately makes the choice of whatis to be done to his body. (6) The burden of wasteful diagnostic tests that physicians feel forced to conductisn't due to the presence rather than (7) In terms of the uneconomic use of routine x-rays to prevent malpractice suits by lawyers, here too, the "*^' Therefore, if the available scientific data shows that routine screening chest x-rays are not needed in patients under 20, and that lateral projections are not needed in patients 20-39 years old (except when chest disease is a reasonable possibility), then no fair-minded lawyer would file suit forlack of a routine screening chest x-ray alone. In conclusion, much of Dr. Fischl's criticism of attorneys as being responsible for the problems doctors have with patients is really due to fhe arrival of the Industrial Revolution in medicine and the disappearance of tKe~ family physician who has been replaced by the specialist. As specialists, doctors seem 'somehow more remote and less-concerned with patients. It seems doctors are just becoming like everyone else; there are no more sacred cows in law or medicine. This perhaps explains Dr. Fischl's bewilderment at not always getting the praise he once expected fromhis patients. To me Dr. Fischl's views stand for the physician guild member who, being isolated, feeling lost and confused, lashes out at the convenient target of the lawyer for the difficulties he has with his patients. In this situation, it makes no sense to blame attorneys for all malpractice suits that are filed. Technology has changed the role of the physician in society for good and in ways that unfortunately can encourage malpractice suits. Dr. Fischl" sadly doesn't recognize this,-and'stands'alone' forl6rrf,''''|a' stranger afraid in a worldhe never made." , , Footnotes ' Fischl, R. "In Defense of Doctors," 291 New England journal of Medicine 846 (1974]. 2 Morris, C. A Reply. Medical Malpractice: The patient versus the Physician. A study submitted by the subcommittee on executive reorganization (pursuant to s. res. 25, 91st Congress) to the Committee on Government Operations, United States Senate. (November 20, 1968). 3 Boardman, D.W. "The Dollars and Sense of Medical Care and Health Services," 291 New England 49974) /ournal of Medicine - 4 Spiro, H, "My Kingdom for a Camera Some Comments on Medical Technology," 291 New England lournal of Medicine 1070(1974)). s Schloendorff v. Society of New York Hospital, 105 N.E. 92, 93 (Ct. App. N.Y. 1914). 6 Segel, S. et. al. "Efficiency of Routine Screening and Lateral Chest Radiographs in a Hospital Based Population," 291 New England lournal ofMedicine 1001 (1947). small group elective and a section of property. These lottery forms should be returned to the Registrar's office application, do so immediately. Applications may be responsibility to check that your account has an outstanding balance under $25.00. If you are making a 312 Stockton Kimball Tower. These applications will be payment anytime after today, don't forget to specifically reauest the cashier at the Bursar's office to send through considered in order of receipt. returned to the Financial Aid Office, : an "override" on your records. If this is not doiie your Registration for the sprjng semester commenced payment will not be immediately acknowledged by the yesterday for freshmen arid will begin today for 'computer. If you receive a' scholar-incentive award after today, upperclassmen. All registration materials should be returned to the Registrar's office by Friday, December 20. bring the award notice directly to the Bursar's Office on Senior materials will be sent to thecomputer on December the Main Campus (Hayes A). If your award is for the 27, to be followed on December 30 by the junior maximum or if you are. making payment to cover the deficiency in the award, you will be able to request an material Freshman registration will be conducted in the following manner. Yesterday you should have received yourregistration materials in class. If you were absent they are available at the Registrar's office. In the packet is a lottery form on which you must list your preferences for a Mr. Wade Newhouse. This would not have been unusual was held the night of the Great Blizzard of '74 that effectively closed the city the next day. With evidenceof such true support, the Association is off and running. Most events for the coming year have already been scheduled, but an upcoming Executive Committee meeting will concentrate- on discussing the future trends for the organization. The Association will be lookingat all aspects of the student/spouse relationship and the issues that vitally interest both groups. With support from the whole spectrum of law school life, LSA feels thatit can become a vital center for the exchange of ideas and experiences. Everyone is not only welcome but urged -to attend the meetings, which are announced in regular articles' in Oplhidn. We need your ideas and your interest, and you may find we're compatible. So make a note: the next meeting will be field Jan. 7 at 7:30 p.m. in the Faculty Lounge. Please come and give opinions, ideas, thoughts, 1 , , "override." Students whohave not received theirscholar incentive awards by the time they wish to register will be required to pay their outstanding bill subject to a refund when the award notice does arrive; ' statement is only partially accurate: what many people probably don't know is that its membership is open to single students, facultycouples and alumni. There is a need for a common meeting ground that is not primarily student-oriented, where people can get to know each other and have' an opportunity to work together for the enrichment ofthe law school community. The Association isfat-present, in a state of positive transition. Interest in our activities is reflected by a membership that turned out in force for a business meeting to elect two new officers and to hear a lecture by except that (he meeting patient.' The Financial Aid Office has announced that by Monday, December 9. Lottery results will be posted on additional monies are available for those students who December 11. Unless your account, is cleared by the Bursar, your have not yet filed for assistance during the 1974-75 year. If you are Hi current need of aid but have not yet filed an registration -will be refected by the computer. It' is your picked up from and ' : of the Screw by lan DeWaal The Law Spouses Association (LSA) is an organization of married law students and their spouses. The above 'attorney is innocent, 'and the' demands made by technology to use its tools are at fault: rrr the case of the' routine chest x-ray, its benefit to the patient must be balanced against its economic and radiologic costs to the ' , Turn of a lawyer Itirking behind every test tube, but is simply a product of technology. Spiro feels that an available supply of diagnostic tests creates demand-, and that, because a technique is available, it is used. Today it seems as if complex new diagnostic tests are not given to improve patient care so much as to keep abreast with the newest and finest equipment other doctors"are receiving from the manufacturers, who are all too pleased to produce more of the same. So, as more wasteful tests are* used, patient costs go up; thereby, the need for third-party payment arrangements (Blue Cross) increases, as does the paperwork the physicians must endure. ' Law Spouses: Off & Running , etc. So far, in November, LSA has hosted a demonstration by Mrs. Lauferon handcrafts in which she exhibited a variety of craft technrtjues-for holiday gift gitirtg: IWttrty involved the use of recycled items and/or unusual uses for everyday things. Our thanks for her time and evident ■ ' interest in and supportof the Association. '' * '• At the Business Meeting on November 14, LSA elected a new President and Vice-Presiderit to replace two ■■■ — 1 officer3f-"NancyA'*Cit);hen and Vjiajfr Weinsteln^ Ascending to the dizzying heights of academic politics were 'Tina Stoufer as President and Sheilah Rostow as; Vice-President. They join a veteran board of elected officers who will be of great support and value in the coming year. The meeting heard reports on the progress of the Liquor Raffle (if you haven't bought your tickets yet, get them soon from all reports they are'going fast)) which will form the nucleus of a scholarship fund for married students, and on the emerging details of the LSAcocktail party to be held Saturday, December 14, at 8:00 p.m. at the Monacellis', 2550 Main Street. Everyone, single, coupled or otherwise, member or no, is invited. Drinks can be bought at minimum cost, ambience will be excellent, - and, of course, the company and conversation will be of the highest calibre. At 10 o'clock EST the drawing for the liquor raffle will be held and great rejoicing will fill the air. (If you don't have a winning ticket, you will at least be able to drown your sorrowsor compel one of the winners to buy you a drink; Tort law will be suspended for the evening). You need not be at the party to win, but even if you can't stay, do drop in for a while. More details on request from Cindy Monacelli, Chairperson of the Social Committee at 837-6410. Business, qua business, is business, but pleasure was listening to a fine lecture on SchoolLaw and handicapped children given by Wade Newhouse, who braved the storm to enliven our meeting with reminiscences and hard facts. School Law may not infect you with enthusiasm, but the implications for both "exceptional" and "normal" children and their parents are great. Under Mr. Newhouse's guidance, the School Law Clinichere at the University was created to function as a help center for concerned individuals and frustrated parents who need guidance in dealing with bureaucratic school districts that pay little more than Kp service to the needs of the "disadvantaged" child. A lively discussion followed and, though not a parent, this reporter was fascinated by whatis being done, what isn't being done, and the scope of what can and should be done. On Tuesday the 19th, just prior to the Moot Court Competition, Dan MacDonald came and spoke to a small group which then attended the Competition itself. For several of the group, Moot Court provided a first glimpse of what theLaw School teaches. Remember the Christmas Party December 14th. A very happy and gluttonousThanksgiving to youall. �Opinion To Publish Legal Research Journal continued December 5, 1974 Stony Brook Plans Law School, Official Informs Faculty from page I format as a newspaper and its limited budget. The possibility of a as the vehicle suggested itself in the form of the increasing number of law student magazines published at otherlaw schools. "If other law-schools could publish student works, serve the profession, and garner recognition for themselves through the versatile and relatively inexpensive medium of journals," Bowie testified as to the Opinion proposal, "there was certainly no reason why this law school needed to confine itself to the traditional vehicles of a single newspaper and law review." While the spring issue, which has been undertaken on a trial basis, will be devoted to the best contributionsof general interest, future plans foresee special interest issues for whichall the papers solicited will deal with particular themes, legal developments, or branches of separate journal serving practice. by Ray Bowie Recent leaks to the downstate press were corroborated fiere two weeks ago when Law School administrators received their first briefing on SUNY Stony Brook's plans to extablish a secondSUNY law school on the Long Island campus! Considerable speculation had been generated locally earlier this fall when reports appeared in Newsday that Stony Brook administrators had sent to Chancellor Boyer a proposal for a "multifunctional law center" which would includelaw school training, graduate law programs, training of para-legais, and legal services for the indigent. Much of the speculation, as might be expected, concerned the effects such an institution might have on this law school. Two weeks ago, some of this s peculation was resolved when Merton Reichler, a representative of SUNY Stony Brook's Office of the Academic Vice President, visited the Law School to consult with Provost Schwartz and other faculty on the Stony Brook pro- For the present issue, Opinion hopes to be able to tap the existing reservoir of seminar papers and term reports for some of the best student writing recently produced at the Law School. To this end, faculty have been asked to recommend those papers they feel to be truly outstanding, while students have likewise been invited to submit such papers on their own initiative. As the journal is open to all contributions, all papers will be duly evaluated for scholarship, readability, public interest, and utility to the profession. Sixteen hundred copies of the spring issue are planned to be distributed free to law students, alumni, local firmsand agencies, and law schools and libraries through the .nation. The deadline for contributions or recommendation of papers has been tentatively set for the second week of the spring semester, and publication of the journal is expected sometime in April. Procedure for Submitting Contributions to Journal Through funding provided by the SBA and the Law Alumni Association, Opinion will this spring publish a journal of student research papers to be selected on the basis of legal scholarship, writing quality,public interest, and utility to the profession. Such papers may be submitted for publication through either of two routes: 1) faculty have been asked to recommend outstanding seminar or course papers or 2) students may contribute their writing on their own initiative. Opinion hereby invites students to submit for publication in the forthcoming journal any papers, reports, or essays .which they believe to be qualified in terms of the above mentioned four criteria. Contributions reaching us through either route will receive equal consideration by, a selection committee composed of the Opinion editors, faculty consultants, and representatives of other academic activities at the School. To be published sometime in April, the journal will be distributed free to the law school community, dues-paying alumni, local firmsand public agencies, and law schools and law libraries thjoughput the country. Deadline for receipt of all contributions shall be during the second week of February, but Opinion asks thatany papers be sent to us as early as possible to facilitate adequate consideration. All papers submitted will be held in strictest confidence, and all rights will remain with the studentuntil publication. Contributionsshould be sent toy ' . OPINION 8 posal. Mr. Reichler distributed copies of a 50-page report on the subject that had been prepared for the SUNY Chancellor in accord with existing procedures for submitting new. academic programs. Thereport outlined the rationales for a "law center" at Stony Brook, justifications for particular programs, and a prospectus of the resources needed in order for the institution to begin operations in 1977. The Stony Brook report opines ttfat the ".multifunctional law center" it advances would be unique in the nation and that such an institution "rather than the traditional law school represents the future of legal education in this country." By implication, the report faults the private law schools of the state for limiting themselves to training attorneys for the bar, and comments that "this task is not the total way of meeting contemporary demands for legal-training." ' In contrast, SUNY StonyBrook is proposing to undertake programs in undergraduate legal education, paraprofessional training, continuing education for attorneys and judges, interdisciplinary research, public leadership, assistance to governmental agencies, and providing of legal services. As justification for such a wide spectrum of programs, the report cites the population growth of the downstate area and its concomitant demand for legal services. Changes, in law practice, the report stated, indicate.a need for the diversified skills and specialties Stony Brook hopes to offer. Stipulating the contents of the proposed law center in greater detail, the report envisions an eventual 1 ,000-student enrollment, a master's degree program for law enforcement and social workers, a research doctoral program in law, and a library of 200,000 volumes, the largest on Long Island. In 1984,once operations reached full capacity, the institution's totalannual budget was estimated at $2,000,000. The Stony Brook proposal has been in the preparation for a year and a half now, representing advice from committees of Long Island lawyers, judges, and government leaders, from whom support has been enthusiastic. Existing campus buildings, the report notes, would house the law center for at least the first 10 years. The proposal must be approved by the SUNY Chancellor, where it rests now, by the State Regents and the Governor, and finally by the State Legislature for appropriations. Un der Stony Brook's timetable, the first 100 law students would be enrolled in September 1977, with increases every year thereafter until full capacity is reached for all programs in t984. The first hurdle facing Stony Brook, however, js a request made this year for $300,000 to hire a dean and a librarian and to purchase books. No response has yet been received from Albany. Some faculty have expressed fears as to the impact a Stony Brook law school might have locally on applications from downstate, faculty recruitment, and the placement situation for graduates. Provost Schwartz has, however, doubted a serious impact on the Law School, pointing to "our success" recently in the quality of applicants and faculty recruitment. 2nd Circuit Considers Courses federal practice, news of the requirements has caused concern among third-year students who might be affected by the rules and lum. fore federal courts in the Circuit, Since the rules, once imple- yet have not had the opportunity and the proposed rules indicateits mented, would apply to all future to take some of the stipulated readiness to exercise thatauthoriapplications for admission to courses. ■ in approximately 24% of the Law The Second Circuit Court of ! School's teaching resources being locked into-a mandated curricu- Appeals has authority to prescribe rules foradmission to practice be- ty. Opitiion . SUNYAB Law School SUNYAB,North Campus Buffalo, N.Y. 14260 LETTER.. ntng Committee, to which Provost Schwartz has referred the matter. continued from page 2 3) When is the schedule going to be changed so that the fall semester ends before the Christ- mas holidays? BOOZE Local discussion of the proposed rules has been limited largely to the Long-Rahge Plan- # 1971, this figure had declined to 6.2%? In fact, the power industry paid less federal tax in 1971 than , At least one member of that com: mittee is known to have calculated the manpower requirements of the Second Circuit rules, assuming that virtually all students will take the mandated courses to avoid being foreclosed from federal practice. As one LRPt member put it, "the proposed rules appear, somewhat more, sinister" if one considers the A TICKET FOR THE L.S.A. LIQUOR RAFFLE? (IF NOT, WHY NOT?) in 1961 even though its revenues were more than doubled. Do you One further comment Do know the reasons behind these you know that corporate tax pay- figures? If you do, you probably ments declined from 33.6%. of todidn't learn them in Federal Tax tal federal receipts in 1944 to an _'A or 8.-Why arethese courses estimated 14.6% in 1974?Do you taught in a vacuum? Isn't it jtist as staffingproblem. know that in 1955, 14.7% of the important to learn the effects of "electric power industry's revenue the law, as well as the law itself? Some estimates are that 3 secwent to federal taxes and by GeraldR. Schultz tions of Evidence, 3 sections of Criminal Procedure, and 3 sections of-Professional Responsibility would be required each year to fill the course needs of students, Wad, • invited Data: each HI! CV. section accommodating 100 students. Trial Techniques would D have to be expanded, moreover, Timmi 4_G to about double the size of last Drinks. year's enrollment jit that course, p.m. since Music almost every student would I be expected to take it. Nine facul-' Law Place: Tα ty lines would be required to 'staff Free mandated courses specified in Students be annpuncad the the Second Circuit.rules, resulting — WHAT? YOU HAVEN'T BOUGHT , 50 cents could win you Twenty-five bucks of high-grade brain-rot. Drawing, December 14. Tickets available from married students, or Don Monacelli, 837-6410. "Cherish your visions - ofrealities. SBH Holiday Party Buffet. to J%ts \\ JmL/jJns> . J «» ,' They are the seedlings -James Allen. M Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 Telephone: 854-1846 Life . _Connecticut Mutual • THE BLUE CHIP COMPANY SINCE.IB46 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-12-05 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/5/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/24aab1e90d6c6a1d8713796a679496ba.pdf 236dfd0333637c174692e86c3f6ba08d PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume 15, No. 4 State University of New York Sen. Dunne Urges Action on Prepaid Legal Services at Buffalo School of Law by Ray Bowie State Senator John R. Dunne, chairman of the Senate Insurance Committee and author of a "legalcare" bill now before the legislature, called upon the legal profession to support the development of prepaid legal service plans last week in an address before Distinguished Visitors Forum. Senator Dunne set the context for his call to the profession by citing growing criticism of the profession by consumer organizations, the press, governmental sources, and even the judiciary, which have faulted attorneys for their reluctance to innovate or discipline themselves sufficiently where public need is manifest. The resulting dissatisfaction has, he said, given rise to demands for governmental regulation of the legal profession, evident in Sen. Tunney's Judiciary subcommittee on legal service needs and the recent anti-trust actions against minimum fee schedules. "Clearly," Sen. Dunne observed, "prepaid legal services plans have arrived," noting that a Taft-Hartley Act amendment now allows employer contributions to prepaid legal services insurance funds and that unions are de manding such plans as their contracts come up for renewal. Speaking to the mechanics of prepaid legal services, Sen. Dunne explained that there are two basic schemes: closed panel and open panel, the difference being that closed panel involves a client group contracting with a specific group of attorneys while open panel allows a group of attorneys to offer a prepaid plan to the public at large. The plans, both closed and open panel, vary widely as to costs, benefits and other terms similar to group medical insur- ance, with the underlyingpremise being the insurance principle of "spreading risks" so as to minimize cost to the individual. A client group under the closed panel system could, he added, establish a prepaid plan by either retaining its own counsel, contracting with a specific firm, or arranging with an insurance company to be reimbursed for legal expenses according to a schedule of fees. "A substantial number of lawyers view prepaid legal services plans as an improvement," Sen. Dunne contended, but "while practically ail bar associations are aware of this interest, the difficulty is in reconciling different provisions, chiefly open or closed panels." Consumer advocates, meanwhile, have demanded low cost, quality services, and the avoiding of the escalating cost patterns characteristic of group health plans. The American Bar Association, Dunne noted, has been studying prepaid plans since 1968 but has not opted for any particular prototype, preferring instead to preserve local flexibility. In 1972, the ABA urged state and local bar associations to involve themselves in sponsorship of prepaid plans but to allow freedom of choice of attorneys. Consumer and labor organ izations, Dunne recounted, identified this with open panels, and feared that bar associations might use the ABA resolution to suppress closed panel plans, thereby permitting the bar to fix fees with the open panel plans. "A prepaid plan," he emphasized, "must be designed for consumers, not for lawyers." To this end, Sen. Dunne advocated that prepaid plans be open to constant review to insure responsiveness to the consumers of legal services, - continuedon page 7 November 14,1^74 Budget Snarls Mount: SBA Treasurer Resigns the SBA Treasurer was failing to submit requisition-purchase forms to Sub-Board so that checks could be written against the amounts SBA Treasurer Sara Zurenda SBA vouchered. resigned from office last week following a meeting of the SBA Ms. Zurenda, elected Treasurer Executive Board at which budget last March, claimed, whenever grievances were reportedly freely contacted about the delays, that discussed. she had eithermailed out the forms to Sub-Board, never received the Several SBA organizations have organization vouchers in a timely been complaining to President Don manner, or else found the delays to Lohr over the summer and into the be a Sub-Board responsibility. Part fall that they had been unable to of the problem, conjectured one obtain supplies, make SBA source, was thatMs. Zurenda commitments involving their preferred to waituntil a number of budgets, or pay creditors due to vouchers had accumulated with inexplicable delays in the SBA before sending processing of their vouchers. requi sit ion-purchase forms to Sub-Board I, the custodial agent Sub-Board in a large batch. for student governments, Under procedures in effect last repeatedly informed Mr. Lohr that year, SBAorganizations presented In the wake of mounting complaints from student organizations and SBA officers as to delays in vouchering expenses, State Sen. John R. Dunne, DVF Lecturer Opirwii John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 1426C Interview: vouchers with receipts to §BA, whereupon the Treasurer was tp fill out a requisition-purchase form and submit it to. Sub-Board, which wrote the check for the indicated amount. Critics of Ms. Zurenda's performance as Treasurer charged that the budgetary snarls resulted from her alleged negligence in submitting requisition-purchase forms to Sub-Board, while tMs. Zurenda herself had pointed1 to Sub-Board as the source oftthe delays. Following her resignationat the Executive Board meeting, SBA President Lohr requested that" an SBA director volunteer to assume the acting treasurership,but there was little immediate interest in.the position, many directbrs reportedly fearing that the budget problemsposed too greata burden. The Sociologist of Law & The Legal 'Subculture' "How about you?" "But, I'm not a lawyer." "That might not be a prerequisite." Richard Schwartz, a Professor of Sociology and Law at Northwestern University, had been asked by a member of a search committee to evaluate several candidates for the position of Dean of Buffalo Law School when he was asked the surprising question. He paid attention. "It was like Groucho Marx saying that any club that would have me I wouldn't care to be a member of but in reverse. Any law school that would consider a non-lawyer as dean would have to be interesting." But, as evidenced by his background, Schwartz was anything but alien to legal institutions that he had called in a 1959 article "the most intriguing subculture I have ever studied." The New jersey born, Connecticut-educated scholar, who took his undergraduate and graduate work at Yale University and then taught Sociology and Sociology of Law both there and at Northwestern, finally agreed to be dean of the Buffalo chapter of that intriguing subculture in 1971. At the same time he assumed the positions of Dean Richard D. Schwartz Provost of the Faculty of Law and Jurisprudence and Professor in the Faculty of Law and Jurisprudence and in the Sociology Department. 'Still, a sociologist of law as the dean of a law Law journal 4 (1954). This, his first fullarticle, was • school is a striking anomaly, regardless of a beginning in many ways. "I became interested in the question: Why do preparation and interest. What is it like to be in such legal systems develop? What sorts of policies do legal a unique position? "Fascinating," says Schwartz. Schwartz' specific work on the law began systems deal with?" He found what he thought was twentyrfive years ago whenhis research of a doctoral at least a partial answer. "If societal control systems that already exisf.in thesis took him to Israel to study the social and legal systems of two forms of Israeli communes, the a society are coping satisfactorily, then you may kibbutz and the moshav. Out of this work came an never get the generation of a legal system. But, those invitation to write an article for the Yale Law societal controls must be generally effective as Journal which at the time was seeking to devices for managing disturbance," Schwartz de-emphasize its strict legal orientation. After two described his assertion in a recent interview. An equally important aspect of the finding was more years of post-doctoral study, that offer was finally accepted with the publication of "Social its promise as a general hypothesis, testable in other Development Legal settings than the one from which it derived. of Control: social Factors in the A Case Study of Two Israeli Settlements" in 64 Yale concluded next issue - , - �14; 1974 OPINION 2 Editorials Trenchant Observation Dear Editor, Did you know that, according to Bernice Stachowicz, the Law School uses about 30 pounds of coffee every day? If anyone were ambitiously sought the chief judgeship. to charge that we wasted food, In one of his few explicit campaign pledges, they would certainly have Governor-elect Hugh L. Carey has committed himself to an adequate grounds. appointive system of judicial selection for State judges, GaryMuldoon under which system Jacob Fuchsberg would assuredly have ever sitting hell of stood the proverbial snowball's chance in on a State bench. While the damage is done in this case, let's hope that Mr. Carey achieves his pledge so that a like disgrace never again blackens the New York Judiciary. Disgrace Demands Albany Action Nothing more could point but the necessity for State legislative action to provide for appointment of State judges under the Constitution than the disgrace perpetrated on the Judiciary last week by the election of Jacob Fuchsberg to the Court of Appeals. Fuchsberg, a man without judicial qualifications who has now bought himself an associate judgeship, had been criticized by citizen and bar groups for his deceptive self-advertisement and his disreputable campaign tactics both this year and last, when he . Smoke Gets In Your Food UP FROM THE NADIR In a year in which the mandatory student activity fee must be submitted to referendum in each of the University's student bodies, one would assume that the various student governments and Sub-Board, their common custodial agent, would take special care to insure that the allocation and disbursement of student monies is accomplished in a manner that is equitable and efficient for student groups and their creditors. At least with respect to the operations of Sub-Board and our own SBA, however, the opposite is more accurately the case, and the situation seems to be reaching new nadirs. Throughout the spring and into this fall, vouchers, receipts, and requisition forms seem to have oozed like molasses at freezing temperature between the SBA and Sub-Board, even while the activities of student organizations and their relations with creditors have at times hovered around absolute zero. Activities have stagnated, supplies have dwindled, creditors have sued, and promises have been undercut in a dizzying vertigo of fiscal ineptitude culminating recently with the resignation of SBA's treasurer. But however derelict one treasurer may have been, it would be seriously myopic to believe that SBA's budgetary snarls were the product of merely individual negligence or incompetence rather than systemic defects. All SBA disbursements currently pass through Sub-Board I, a student-created monument to bureaucratic procedure and paper-pushing that shows that, in at least one respect, students are In the same league as Albany and Washington. This monument is charged with keeping custody of SBA monies and writing checks against vouchers submitted by SBA. At other SUNY units across the state, student governments often keep their own books and authorize a bonded treasurer or secretary to write their own checks, thereby facilitating local budgetary supervision and disbursement efficiency. With its small budget and ready accessibility to students, SBA could withdraw its budget from Sub-Board's custody, hire a student knowledgable in accounting to keep the books, and bond the president and treasurer so that they could write checks against funds allocated to student groups. Systemic defects call for systemic remedy, and few would disagree that some remedy must be sought now to" preserve SBA's fiscal integrity and protect against a negative vote in this spring's activity fee referendum. To these ends, we urge SBA to at least investigate proceeding toward budgetary autonomy. DANGER IN EXCLUSION At the October 30 meeting of BALSA, New York State Assemblyman Arthur O. Eve requested that the Opinion photographer covering the event absent himself from the meeting, citing prior adverse coverage in the "UB press" concerning a dispute between himself and President Ketter as a reason for the request. Because of Mr. Eve's stature in the community, Opinion felt his appearance at the Law School merited full coverage, for which BALSA was asked to write the article while Opinion would photograph the event. While Assemblyman Eve might be justified in claiming that he has received bad press in the past, this has, first of all, certainly not been the case with Opinion, as our attempt to cover his appearance here would have been our very first coverage of Mr. Eve. We regret that Mr. Eve seemingly identified us with other newspapers and hence castnegative aspersions on our journalistic efforts. Assemblyman Eve also claimed that his appearance before BALSA was private or exclusive and consequently not open to the student body or press. Opinion firmly believes that, while confidentiality is to be respected, the practice or policy of the Law School in making its facilities available, or of student organizations in sponsoring events, should be to avoid exclusion of any members of the Law School community or the representatives of the media, who seek to serve that community. In the case of Mr. Eve's appearance, reporting of the event was entrusted to BALSA's discretion while Opinion sought only photographs, this arrangement having been suggested to preserve necessary confidentialities. To its credit, BALSA itself did nothing to close the meeting or hinder media coverage. We urge upon all student organizations the recognition that closed proceedings and restrictions on communication would only breed distrust and misunderstanding among students, thereby having the unwanted effect of isolating such groups from the community of which they are necessarily part. Such an outcome, we choose to believe, would be as abhorrent to Assemblyman Eve as it is to us. Volume IS, Number 4 November 14,1974 ALUMNI LINE by Earl S. Carrel JOHN M.N. ZA/AS, '39, died October 16, 1974, Our congratulations go out to all of our Alumni He was a former acting Lackawanna City Court who were successful in the recent elections. There Judge and assistant Erie County District Attorney. are too many to mention each individually, but as always, it is nice to see so many UB Law School JOHN W. CREAHAN, '50, has been named a graduates active in the community. standing trustee in U.S. Bankruptcy Court. He will Other than the elections and general bad news, I handle cases in the 16 counties of the Western the last month has been fairly quiet. Contributions I District of New York outside of Erie County. As are always welcome for this column, just send them trustee, Mr. Creahan will help debtors avoid in toALUMNI LINE. Ibankruptcy through the Wage Earner Plan under Looking ahead to some future columns, we will i Chapter XLLI. Rudolph open judge letter from Johnson, have.an HUGH McM. RUSS, JR., '57, has been the president of the Law Afumni Association, some comments on the state of the Continuing Legal ; appointed to the Erie County Board .nf Ethic&nA / Education Program, and some surprising comments | partner in the firm of Hodgson,'Russ, Androits, i on the art of lawyering. Of course there will be the Woods, and Goodyear, Mr. Russ will serve through )uly, 1976. usual class notes and items of interest. ' Dear Editor, One of the hardest things for me to get used to as a first year law student has not been the new language, the longhours ofreading, or the struggle to understand new concepts, but rather the difficulty in constantly being around people who smoke! Now, that may seem like a ridiculous concern to people who have smoked for a long timeor who have accepted other people's smoking, but for someone like me who is not used to having her throat hurt, eyes water, and hair and ctothes smell of tobacco, it is a very real concern. I don't want to get into a heavy discussion on the "evils"of smoking the air pollution, danger to one's health, subtle self-inflicted oppression, oral fixation in order to convince pfiVP.'e to stop smoking, but I do think there should be a place where non-smokers can meet, talk and, in particular, eat without cigarette smoke and smell permeating the air. Except for the" library and in some classes, there are very few areas in the building where non-smokers can get away from the smoke. And smoke-free places to eat are virtually non-existent. Because of this very real problem, I would like to propose that the small eating room on the second floor be designated as a non-smoking area. The room has almost no ventilation, so smoking there is particularly offensive. It is a small self-contained space with many tables and chairs close together, making it practically impossible to get away from cigarette smoke there. Smokers may have forgotten what food tastes like, their senses of smell and taste being so distorted by now, but non-smokers don't want to lose these senses. Smokers may be Editors-in-Chief Ray Bowie - — - continued onpage 7 ()|)?Ilit)Il Kay Wigtil Guinane Managing Editor: Matthew Leeds News Editor: Michael Stoller Feature Editor: Louise Tarantino Photography Editor: Eric Zaetsch Articles Editor: |ohn Stuart Alumni Editor: Earl Carrel Sports Editor: Dave Geringer Business Manager: Allan Mantel Staff: Dennis Pasiak, |eff Chamberlain, Shelley Taylor Convlssar, Gerry Hudson, Gary Muldoon, |an Rosa, Sheilah Rostow Terry Centner is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo. School of Law, |ohn Lord O'Brlan Hall, SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Classpostage entered at Buffalo, New York. Editorial policy oroPINION is determined collectively by the Editorial Board. OPINION is funded by SBA from student I. aw Fees. Lp OPINION i . �November 14,1»74 OPINION 3 Perspectives In Legal Medicine EncTof the Bar SHAKESPEARE I by Howard Stirling The purpose of this column is to acquaint those within the legal profession with the crucial importance thatmedicine has on the practice of law today. It has been estimated that between 60 and 80 per cent of all trial level cases in the United States, in courts and administrative agencies, involve medical evidence. In addition, thereis the ever burgeoning field of medical malpractice, in which a knowledge of medical jurisprudence is obviously critical. This column in succeeding installments will explore several of the great issues current in legal medicine. Two examples for now within the field of medical malpractice are (1) expanding notions of informed consent and (2) holding physicians liable for errors in medical diagnosis, a new concept. The discussion contained will hopefully be on a sound, rational basis and will avoid mud-slinging verbal barrages that have been traditional between lawyers and doctors. As the issues are always very controversial, they are also very interesting. In addition, the issues in contention in medical malpractice can be very expensive. To the doctor in New York, practicing a specialty in Erie County in 1974, this writer hasbeen told it costs $8,000 per year for malpractice insurance. To the patient who must pay the doctor bills and who at times must suffer in therole of the injured plaintiff, the costs are just as high to him, and can be even higher. So it is clear here that with major costs at stake, misunderstandings have a remarkable propensity to ensue between the feeling-harassed physician and the very cost-conscious patient. Where the role of the lawyer in all this is, I will explore in my next article, when I examine critically an article by Dr. Robert A. Fischl in the prestigious New England journalof Medicine, October 17, 1974 issue, written "In Defense of Doctors." It is Dr. FischPs belief that lawyers are to blame for the problems doctors have today with thetf patients. Where and why I think Dr. Fischl is most mistaken in his beliefs will all be discussed in my next article. Turn of the Screw by lan DeWaal One of the big questionscurrently floating around the school concerns plans to change New York Practice to a five-hour course in the Spring semester. The additional credit hour has been designed to fulfill the new American Bar Association accreditation requirement for law schools which- requires that legal ethics be included in the curriculum. It may be taught by the pervasive method (in each class) or in a specifically designated course. Associate Dean Fleming explained that the school had opted for the latter option for fear that the former technique would prove a "sham" unless a concerted effort was made to involve the faculty as a whole. Additionally, it was felt that since most students take New York Practice it would be the most convenientvehicle for the course. Professor Homburger will continue teaching the course with the new subject area, though he will draw on the experience and knowledge of visiting local practitioners to supplement his expertise. The final exam schedule has now been posted and students are reminded of their ability to have exams rescheduled in certain limited situations. Students who have three or more consecutive exams in a calendar week or who have four or more exams in a calendar week can have an exam rescheduled as a matter of course. You must contact Registrar Charles Wallin to effectuate this change. Registration for the Spring semester will be holiday. Only those students who have paid their University bill will be able to register for next semester. You cannot have more than $25.00 outstanding on your bill. If you have not yet heard about your Scholar Incentive award, it is advisable that you write to them at this time and request a trace of your application. If your award notice is not received prior to the time you register, you will have to lay out the amount of your bill and apply for a refund once your Scholar Incentive award has been received. When you write to Albany be sure to include the date on which your application was sent and your SI identification number. The address is: Regents Examination and Scholarship Center, 99 Washington Avenue, Albany, New York/12210. commenced before the Christmas by Jeff Chamberlain "Culture is, roughly, everything we co and the monkeys don't." Lord Reglin - Merchant of Venice (111 i 56) And, of course, you must show maliciousintent: "Who steals my purse steals trash; 'tis something, nothing; 'Twas mine, 'tishis, and has been slave to thousands; Shakespearean scholarship has been sadly neglected in But he that filchesfrom me my good name American law schools.Jn fact, Shakespeare's plays contain Robs me of that which not enriches him many cryptic comments on the law, the legal process, and And makes me poor indeed." the people who ply a legal trade. Shakespeare was well Othello (111 iii T57). aware of the existence in England of the so-called You then enumerate the injuries, "The thousand natural adversary system of law. In The Taming of theShrew (I ii locks/That flesh is heir to," Hamlet (111 62), including 278), he counsels: the übiquitous Pain and Suffering: "And in the porches of my ears did pour "An do as adversaries do in law, Strive mightily, but eat and drink as friends." The leperous distilment; whose effect He knew the functioning of the court system, noting in Holds such an enmity with blood of man That swift as quicksilver it courses through reference to courtroom hours that "great business must be wrought ere noon." Macbeth (111 v 22). What is more The natural gates and alleys of the body, amazing is Shakespeare's awareness of our legal system. And with a sudden vigour it doth posset We know that before actually going to trial there is a and curd, like eagerdroppings into milk, great deal to be done. One must, for example, take The thin and wholesome blood. So did it mine; interrogatories: And a most instant tatter bard'd about, "And charge us there upon inter'gatories, Most lazer-like, with vileand loathsome crust, And we will answer all things faithfully." All my smooth body i . Merchant of Venice (V i 298) . O, horrible! O, horrible, most horrible!" Interrogatories are effective only sometimes, forit happens Hamlet (I v 63). occasionally that opposing counsel has the better of it: This will immediately be disputed by the defense, which "so shall my anticipation will claim that "Not a hair perished; prevent your discovery." On their sustaining garments not a blemish, Hamlet (II ii 304). At trial, the first job of counsel is to convince the But fresher than before." court that yours is not a ". .superfluous case/That hid the The Tempest(lii 217) ■ worse and showed the better face," Love's Labour's Lost The case will thus turn on the evidence. Evidence may to be circumstantial, put his best foot forward: "Assume a virtue, if youhave it "Who finds the heifer dead and bleeding flesh, not." Hamlet (111 iv 160). And, as an advocate, you must And sees fast by a butcher with an axe, forcefully demand justice for your client: But will suspect 'twas he who made the slaughter? (V ii 38), while at the same time advising yourclient "'tis mine and I will have it Who finds the partridge in the puttock's nest, If you deny me, fieupon your law! But may imagine how the bird was dead, Thereis no force in the decrees of Venice. Although the kite soar with unbloodied beak? stand for judgement: shall have it?" answer; Even so suspicious is this tragedy," I I Merchant of Venice (I V i 100). 2 Henry W (111 iii 188) If you pass this point without being held in contempt, but must not be hearsay, you will have to listen to your adversary, the opposing "Come to the bar... counsel, who will attack yourwitness's credibility as: The King's attorney on the contrary, "a tale Urged on the examinations, proofs, confessions told by an idiot, full of soundand fury, Of divers witnesses; which the Duke desired Signifying nothing," To have brought viva voce to his face; At which appear'd against him his surveyor," Macbeth (V v 28) and will undoubtedly accuse you of "trying to make a Henry W//(II ill) federal case out of it." "Sir High, persuade me not; I will make a "Thieves are not judged but they Star chamber matter of it." are by to hear, Merry Wives of Windsor (I i I) Although apparent guilt be seen in them." You have, of course, prepared your case meticulously, Richard II (IV i 123) staying up night after night, until you say, exhaustedly, "Bring me no more reports; let them fly all." Macbeth (V "a gentleman of excellent breeding, admirable discourse, of great admittance, iii 1). For you know that digests are, by and large, inadequate for the serious researcher: authentic in your place and person, "They have been at a great feast of languages,and generally allowed for your many war-like, stolen the scraps." court-like and learned preparations," Merry Wives ofWindsor (II ii 234) Love's Labour's Lost (V i 39) We all know, of course, that most really significant advances in the law are found in the footnotes to legal is not yet persuaded of the merits of your claim, he will opinions and law review articles: "Small have continual request "More authority, dear boy, name more." Love's plodders ever won/Save base authority from other's books. Love's Labour's Lost (I i 86). Finally, comes the summation to the jury, Suppose your case is an action for libel or slander: "Long, O, some authority how to proceed; "Reputation, reputation,reputation! O, I Some tricks, some quillets, how to cheat the devil. have lost my reputation! I have lost the Dum. Some salve for perjury," immortal part of myself, and what Love's Labour's Lost (IV iii 286) remains is bestial. My reputation, lago, and at last, the decision. my reputation." Defamation cases many times turn on the credibility and demeanor of witnesses, and the opinion may reflect Othello (II iii 262) "... we have Perhaps, in your pleading and proof of primary facts, you Stood here observing him; he bites his lip, and starts; can invoke an equalprotection standard: Stops on a sudden,looks upon the ground, "He hath disgraced Then lays his finger on his temple; straight me, and hindered me half a million; laughed at Springs out into fast gait; then stops again, my losses, mocked at my gains, scorned my nation, Strikeshis breast hard, and anon he casts thwarted my bargains, cooled my friends, His eye against the moon. In most strange postures heated mine enemies;and what'shis reason? I We have seen him set himself." am a Jew. Hath not a Jew eyes? hath not a Jew Henry VIII (111 ii 112). hands, organs, dimensions, senses, affectations, The judgment of the court is stare decls, "Which, passions, fed with the same food, hurt with the unreversed, stands in effectual force -," Two Gentlemen same weapons, subject to the same diseases, of Verona (MM 223), unless overruled on appeal: "Beat at healed by the same means, warmed and cooled this gate, that let thy folly in, /and thy dear judgment • by the same winter and summer, as a Christian out!"K*7jt«w(liv293). is? If youorick *.s, do we not bleed? If you tickle us, do we not laugh? If you poison us, do we not die? and if youwrong us, shall continued on page ,6 we not revenge?" , ' - �4 I<y 974 OPINION Why Would They Want To Hurt Themselves? �Novtntberlii',l974 OPINION Scouting Report On Page 6 5 PHOTOGRAPHIC ESSAY BY T. CENTNER �6 Nd»ei?<ber 14p1974 OPINION fPhotraTOn Pa g<; V OpinoSports FACULTY JOCKS: A traditional plus feature at any school is an interaction between the faculty and students. In a small, but not minor, way, this relationship has been expanded by the formationof a faculty football team (one faculty member was heard to comment that Buffalo maybe the only law school in the country which can field an eight man faculty football team whether that is a good or an ominous sign should become clearer as time progresses). Apparently, the team has played together several times, although I have seen only one game (a loss to first-year Section One), upon which I base the following — analysis. Barry Boyer Although I have not seen him play, I have heard reports that he is an excellentblocker and rusher. If so, the faculty should have a line that could prove to be the dominating factor in future games. He should be inserted as blocking back and offensive/defensive lineman. Ron Allen At his peak, he would likely be the best athlete in the school. His talents and physical qualities render him capable of playing any position on the field. To best select a spot for him, it is necessary to bear in mind that his teammates are not as universally suited for the .game. As such, it might maximize team strength for him to be a pass rusher on defense and blocking back on offense. Richard Bell Known to some as "half-moon" Bell for his choice of warm weather football shorts. With his limbs exposed, he looks like a former Marine should (amazingly sinewy arms and legs). To capitalize on his speed and quickness, he should play defensiveback and wide receiver. I laywood Burns On this team, his skills are not limited to defense. An excellent play-caller, with speed and a reasonable arm, he is well qualified to be quarterback. Defensively, his talent could best be utilized in linebacking. Unfortunately, a recent injury may keep him out of the lineup for a few weeks. Bubble To Open In January by Dave Geringer Students inconvenienced by lack of recreational facilities at the Amherst Campus will find their problems at least partially solved next semester. A bubble-type structure to be built on the parking lot between O'Brian Hall and the Ellicott Complex will be ready for use in January. The facility, to be utilized for classes,recreation and intramurals, will contain space for five full-length basketball courts and feature a variety of activities. "We'll probably have two nights of intramural basketball weekly, as well as recreational tennis, volleyball, badminton and an intramural floor hockey program," noted intramurals director Bill Monkarsh. "We'll use the morning hours for basic instructional programs, then open it (the bubble) up for recreation about 2 p.m. We may run intramurals from 5:00 to 8:30, and recreation until 11, or the other way around. We might have a night of recreational tennis from 9 p.m. to 2 a.m.; but it (the Jason Karp One of few players who are devoted enough to dive for an interception, a quality which immediately qualified him for a defensive back position. His speed would best serve the offense as a wide receiver. otherwise," Monkarshadded. No showers Monkarsh disclosed that the facility will open without locker or shower facilities. "Right now, it has no showers or lockers," Monkarsh said. "We have plans for that in the near future." The intramural director revealed a possible problem regarding the inside of the bubble. "Right now, our big problem is the floor," Monkarsh decided. "If we can get some money, we want to put some type of a seal on the floor." At present, the floor is a concrete parking lot. Monkarsh affirmed his belief that the bubble will be a great service to the students at Amherst. "I think that it's a tremendous step forward," Monkarsh stated. "It gives the students at Amherst something in the way of a recreational facility, which is badly needed since it will be several years before the field house is completed." Hockey Bulls Open Quest For Playoffs by Dave Geringer Dannye Holley His size and weight make him one of the most potent pass rushers or blockers on any participating team. In light of the injury to Haywood Burns, Dannye Holley would be an excellent alternate, who has the advantage of height, a great advantage in the face of any possible pass rush. bubble) will probably be open until about 11 p.m. The ,winter intercollegiate sports program got underway last week when the hockey Bulls began their season at Kent State. Buffalo, which has already played three times, will host powerful St. Lawrence, a perennial Division I playoff contender next Tuesday at Holiday Twin Rinks. In attempting to advance to the Division II playoffs, the Bulls are trying to accomplish a feat they have not performed since the 1971-72 season. Buffalo will return nine regular skaters at the sixteen (twelve forward, four defense) skating positions. Last year's edition of the hockey Bulls scored 200 goals, topping all other Eastern squads. However, Buffalo surrendered 144, a total that must be cut down this year if the Bulls hope to make the .leading scorer, heads the contingentreturning for his final season in a Buffalo uniform. Klym, possessor of a blazing slapshof, tallied 36 goals and 62 points last year. Rick Wolstenholmes (18-26-44) will replace last year's leading scorer, John Stranges (66 points) as Klym's center this season. Co-captain Doug Bowman (13-22-35) returns to center another line, joining strong-skating Jack Kaminska and Mike Dixon (11-13-24). Chuck Davies (12-21-33) and Mike Caruana, a converted defenseman, are theother returning forwards. John Moore, who played steadily if not spectacularly during the latter part of last season, is the Bulls' top returning goaltender. Don Maracle, who divided duties with Moore last year, also AlKatz An unknown quantity to this writer. Rumor has it that he is of returns. sufficient sizeand ferocity to play the offensiveline, yet quick enough playoffs. to be a linebacker. Bulls to be physical Defenseman Randy Cooper, a freshman, is the Bull coach Ed Wright believes that the Bulls now only regular position have earned newcomer to a so possess a squad that will do its share of intimidating L. Thorne McCarty Another unknown. If qualified, he should play linebacker on defense far. Mark Sylvester, who scored fourteen goals and as well as scoring. "Nobody's going to push us and center on offense, since these are the positions whichremain to be thirty-seven points last year, joins Mike Perry (five around this year, that's for sure," Wright predicted. goals and 19 assists for 24 points) as the top "We've got the size necessary to play our type of filled. returning blueliners. game (basically forechecking, rather than the Bob Reis wide-open skating which has characterized past Tremendously enthusiastic player, who is qualified to play more than one position, but he would best serve the team as linebacker (middle Regulars return Buffalo squads)." The Bulls' ability to play "their Buffalo numbers six returning regulars and six game" on the road against other Division II linebacker for the occasional blitz), and offensive lineman. Although these suggestions are for the betterment of the team, of last year's semi-regulars among its four forward opponents will probably determine their success or lines this season. Mike Klym, the Bulls' all-time failure in advancing to the playoffs next spring. they do not take into account whether or not anyone will enjoy what they are doing. These games are seen by most as recreation, and as such everyone should have a chance to play the position he enjoys. Where to strike the balance between the importance of having fun and MBRC REVIEW BOOKS winning is one of the things the team can discuss in the huddles. As a football team, the faculty can play a reasonably good game. Having Problems In However, it appears, on paper at least, that the real future for themlies on the basketball courts. With Allen gunning and Holley rebounding, I TORTS? REAL PROPERTY? doubt whether anyone could contain them. Nonetheless, I am sure CPLR? that any of the intramural basketball teams would be more than CONTRACTS? EVIDENCE? interested in a match against the faculty. Hopefully, thereverse will be true, and somehow it can be worked out. assisted thousands of New York The Marino Bar Review Course, Inc. is continued from page 3 Attorneys and Candidates for the New now offering its up to datereview books "It will help me nothing York Bar, and deal exclusively with on an individual basis the Law School at To plead mine innocence; for that dye is on me principles and cases in New York Law. Book Store. These books have been of which makes my whitest part black," immeasurable assistance to students Henry VIII (I i 207) reviewing specific subjects and preparing The Law School Book Store has the if you persist, you may see his rights vindicated by a following MBRC books available: for school examinations. They have decision on appeal, undoubtedly percuriam: "A wilfulstillness entertain, With purpose to be dress'd in an opinion of PENAL LAW of wisdom, gravity,profound conceit, CONFLICTS OF LAW CORPORATIONS, ESTATES; POWERS; PARTNERSHIP TRUSTS As who should say, 'I am Sir Oracle, CONTRACTS BANKRUPTCY TORTS DOMESTIC RELATIONS AGENCY MORTAGES And when I ope my lips let no dog bark!' ADMINISTRATIVE REAL PROPERTY SECURED TRANSACTIONS EQUITY O my Antonio, I do know of these LAW CPLR That therefore only are reputed wise For saying nothing..." Merchant of Venice (I i 90). Bar the End �November 14y,18M OPINION 7 Faculty Discuss Program Priorities by Ray Bow,e one of the most important discussions to engross the faculty this year, November's faculty meeting concerned itself with an Academic Policy and Program Committee resolution asking for faculty commitment to five curriculum areas as the Law School's top priorities for the academic year. The resolution, presented by Prof. Ken Joyce and previously adopted by the APPC, had already been incorporated by the AppointmentsCommittee as a guide to faculty hiring this yearand was presented to the full faculty for its ratification. The resolution, based upon a study of curriculum needs submitted earlier by Assoc. Dean Fleming, listed property, procedure, corporation law, commerciallaw, and labor law as the School's program needs. Speaking to the resolution, Prof. Joyce said that while he personally was opposed to exclusive faculty concern with the five needs, he did feel that the faculty should at least discusswhether they should be exclusive priorities and whether the Appointments Committeehad made adequate provision for such priorities. Prof. Herman Schwartz, chairman of the Appointments Committee, noted that his committee had accepted the APPC priorities but had to consider two other institutional mandates as well, these being affirmative action hiring and interdisciplinary appointments. Program deficiencies had, he said,become one of three considerations entering into appointments decisions. Last year,Schwartz added, the AppointmentsCommittee felt that the faculty should make appointments decisions on a case-by-case basis. This year, the Committee wouldseek corporate and commercial law candidates as its first priority, he explained, but would not devote itself exclusively to the five curriculum needs to the neglect of affirmativeaction and interdisciplinary candidates* Prof. Buergenthal stressed that it was "high time the Appointments Committee had some indication of priorities from the faculty," as it is better to dealwith appointmentspriorities in abstract than on an ad hoc basis with particular candidates. Prof. Marc Galanter described exclusive concern with such priorities as "making a tub for the whale," expressing instead his concern that other counterbalancing commitments to interdisciplinary and other ongoing programs also be taken into consideration for appointments. Prof. Robert Gordon agreed that the faculty must be cognizant of commitments, other than to filling course deficiencies, opining that "same.candidates may be so exceptionally good that such priorities should not be applied to them." Responding to the position shared by Galanter and Gordon, Mr. Joyce stated that he was "opposed to seeking the best people and then determining what they are to teach," a philosophy which guided some appointments decisions in the past. Prof. W. Howard Mann added that he felt that any definition of priorities would apply only for the next academic year and that any such definition could be easily revised. When Prof. Wade Newhouse questioned the inclusion of labor law as a priority, Herman Schwartz stated that the Appointments Cdmmittee was not presently recruiting forlabor law instructors, while Mr. Fleming explained tl it labor law had been listed only so that the faculty could respond to contingencies should that area become a deficiency. Prof. Paul Goldstein moved, however, to deletelabor law from the priorities, to which motion Prof. Buergenthal responded by asking that international commerical transactions be added as a substitute area. Buergenthal said that "it is outrageous that a school of this size has no course in international transactions." Despite the exhaustive exchange of views, no vote on the APPC resolution was taken at the meeting, however, as the faculty agreed to table further discussion until their December meeting so as to allow SBA the opportunity to sample student opinion on the question of curriculum priorities in a forthcoming referendum. Provost Schwartz reported that the tabling of discussion would not interfere with the Appointments Committee, as no appointment would be voted upon until December, and that he expects that students will support the APPC definition of priorities. "Men do not attract that which they want, but l;l, w'l l l ''"'V are." James Allen " -'' Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 854-1846 Life Connecticut Mutual • THE BLUE CHIP COMPAM SINCE 18«« Prepares Referendum allocation of the semester, the Student Bar Association voted last week, following heated debate, to appropriate $500 to the UB Day Care facility on the Main Campus and communicate to President Ketter SBA's support of University funding of the Day Care operation. A representative of the Day Care facility was invited to explain to the SBA directors the operation of the facility, its funding problems now that no student government will provide support, and its fear that an offer of University funding might result in unwanted University control of Day Care. In its first major In relephone: SBA Funds Day Care, In questioning following the presentation, it was elicited that one law student had made use of UB Day Care, which admission prompted a series of questions from third-year director Mark Linneman as to the propriety of the allocation request. His questioning was interrupted by second-year director Bert Slonim, author of the allocation request, who charged that such questioning was "an interrogation" and was leading to hostile conclusions, a charge supported by Second Vice President Rosemary Gerasia. Mr. Slonim's point of order was overruled and questioning continued, but the ensuing vote went overwhelmingly for the $500 allocation by tallies of 10 for, 2 opposed, and 1 abstention. A motion by second-year director Cindy Falk, passed by SBA two weeksago, had already put SBA support in of University funding of existing Day Care facilities "as well as the establishment and funding of a day care center on the Amherst campus." * A secondallocation request, one presentedby BALSA in the amount of $200 so that BALSA representatives could attend a minority recruitment program at New England School of Law, failed to receive consideration at the same meeting as the Day Care request due to lack of time. BALSA hoped that the allocation would still be passed in time to allow them to attend the convention. BALSA has also requested another supplemental allocation in the amount of $100, to provide Barbara Rowan with an honorarium for her participation in the Minority Symposium last May, which occurred in the previous fiscal year. *SBA announced that Jean Consiglio, secretary in the Registrar's Office, has been hired as permanent secretary to the SBA and SBA organizations. SBA typing is to have priority, but typing for other funded organizations will be done on a first-come first-served basis as time permits. �The SBA directors also showed interest in a report that the Academic Program and Policy Committee is defining course priorities for purposes of future faculty appointments and budgeting, which priorities are emerging from faculty discussions as property, civil procedure, corporation law, commercial law, and labor law. APPC has suggested to SBA that some sort of student poll be taken to assess student response to these priorities. On a motion by First Vice President Laura Zeisel, SBA agreed to charge two students with responsibility for drafting a ballot and preparing a studentreferendum on academic priorities, which will be scheduled in the near future. The faculty will be considering the priorities at their December meeting. SBA Attends Circuit Meeting by Ed Zagajeski The A.m.e ri.trCa n Bar Association/Law Student Division for the Second Circuit held a semi-annual conference at Brooklyn Law School two weeks ago. The conference was open to all law students of the Second Circuit. The program opened with a panel discussion on whether bar exams are necessary. The participants were Mr. Arthur Kargar, Chairman of the New York Board of Law Examiners; Mr. William Pincus, Counsel for the Foundation of Legal Education and Professional Responsibilities, who spoke in the positive; and James E. Brown, a law graduate from W i sconsin, where a graduation from a Wisconsin law school allows admission to the bar. The afternoon session opened with Mr. Louis Nizer speaking on his book, The ImplosionConspiracy. After a lengthy presentation on the book, Mr. Nizer answered questions from the audience. The conference closed with a meeting of the SBA delegates from the various law schools in the Second Circuit. The body discussed problems of running SBA book co-operatives, the possibility of allowing all law students to use other law school libraries, and a request for monthly meetings of the Second Circuit. The group expressed interest in the structure of the Faculty/Student Committees and the Faculty /Student Relations Board at this school. This school is one of few that have such structures allowing student participation. There was also a discussion of the law clinics at New York University. Finally, two resolutions were presented and passed. The first requested that tHe ABA actively campaign for the Equal Rights Amendment. This,resolution was passed unanimously. The other should not discriminate on the basis of race, creed, national origin, sex, age, family background and criteria stated that employers that are not rationally connected to legal skill and knowledge. The resolution was passed with one dissenting vote. Dunne Urges Action - continued from page 1 perhaps by means of committees composed of clients, participating attorneys, and the bar association. Expressing his hope that the ABA restrictions will be lifted next year, Dunne warned that "efforts by the bar toprotect the economic interests of its members to the disadvantage of the public is unworthy of the profession." A major issue in the development of prepaid plans, particularly in New York State, is whether or not such plans are characterizable as insurance. The outcome will determine whether prepaid plans are regulated by the courts and bar associations or by the State Superintendent of Insurance. Sen. Dunne explained that he had introduced an amendment to the Insurance Law last year which would have allowed the sale of prepaid legal services contracts in the State, but while this "legalcare" bill passed the Senate this year, it died in the Assembly Rules Committee. Without stipulating open or closed provisions, the bill would have exempted any -aware plans offered by bar associations from regulation by the Insurance Commission. Bar association plans would instead be regulated, like bar associations themselves, by the Appellate Division. In the absence of state legisla- tion, three county bar associations, Dunn stated, have proceeded to establish prepaid plans of their own, arguing that such plans are not insurance. The Superintendent of Insurance opposed the offering of prepaid plans under court regulation, contending that authorizing legislation was needed. The bar-sponsored plans have, he said, been blocked by a recent Appellate Division decision that found the New York County Bar plan to be "in the nature of insurance" and hence requiring such enabling legislation. Sen. Dunne added that the Court of Appeals is going to review this decision and hoped that the Court would accept that prepaid plans are "an idea whose time has come" and that regulation of such bar-sponsored plans would be within the scope of the Appellate Division. Smoke-Free Eating continued frompage 2 am asking for this one room to be of smoke blowing in their set aside as a non-smoking eating faces or over their food, but non-smokers should be able to c n joy their lunch as much as smokers, and, for a non-smoker, that, means without someone's cigarette in their faceand food. There are plenty of other areas in the building where one can smoke and eat at the same time. 1 area. No one seems to know what the procedure is for actualizing this proposal, whether by petition, SBA motion, or what, but I ask other students to think about the situation, lend support to the idea and please refrain from smoking in the suggestedroom. Alaine Espenscheid �OPINION mmwiiitai 1974 8 Librarian Releases Annual Report Homburger Waiver Pursued In response to students at the law school petitioning Provost Schwartz for the waiver of Professor Adolf Homburger's mandatory retirement at the end of this school year, Provost Schwartz has Wenger revealed that an analysis replied, assuring the students that efforts are being of collections, begun three years made to effectuate that goal. Both Schwartz and that Law Librarian Larry Wenger ago but suspended, was resumed Assoc. Dean Robert B. Fleming have indicated recently submitted to the faculty last springwhen an effort was made they are hopeful that the waiver will be approved by his Annual Report on the state of to check library holdings against the SUNY Trustees. Prof. Homburger, who has been teaching at the the library for the 1973-74 fiscal the Association of American Law is also a year, whichhe described as "one of Schools' lists of recommended Buffalo Law School for twenty-five years, the most significant in the history books. The check showed "the graduate of this law school. petitioners have been The spontaneous library's holdings to be of the Law Library." who are "For the first time in nearly a substantially less than fiftypercent supported by other groups and individuals, rule. decade," he noted, "adequate for many subjects," and indicated also urging the Trustees to waive the retirement Phi |ustice Charles Breitel, space was available for users, that "older materials and treatises Among these are Chief Puerto Rican Law Students Alpha Delta, Opinion, collections and staff" with the are extremely deficient." Association, the Student Bar__Association, the move into O Brian Hall last fall, of Moot Court, and the editor-in-chief of state funding Limitations on Chairman and remaining organizational work should be completed during were, however, "largely offset by the Law Review. Provost Schwartz described Homburger's substantial donations to the library 1974-75. due to Homburger's The long-anticipated move to and by the transfer of more than chances as "very good," methods of teaching and the new building did not, Wenger 20,000 volumes from the Eighth "marvelously effective sent a recommendation reminded, "occur without Judicial District Law Library." Mr. scholarship." Schwartz has to the Chancellor. If difficulties significant enough to Wenger himself selected for the waiver of the retirement waiver, he said, the Chancellor recommends Professor Adolf Homburger hamper both library staff and approximately 25,000 volumes for accept that users" throughout the last year. which the Eighth Judicial District normally the Trustees would felt that Council of SUNY Buffalo created criteria under Fleming recommendation. Assoc. Dean room library .Library Law had no Delays in deliveries of to the which waiver applications would be considered. furniture and book stacks, caused downtown. Other substantial Homburger's chances were "excellent" due that many These criteria include unanticipated, departmental largely by a factory fire which additions resulted from the need for Procedure teachers and the fact needs arising from "non-projectablepersonnel losses, destroyed much of the furniture, transfer of John Lord O'Brian's people had urged his being kept on. The. current policy on waiver of retirement e.g., death, resignation, illness, or short notice by resulted in the use of makeshift personal papers to the library,and member of his intention to retire furnishings with inadequate book donations from alumni, stems from a 1972 memo from the Chancellor. The another faculty memo, citing the dearth of employment prior to age 70," and require a showing that the need lighting until replacement firms, and law faculty. The law library was assigned opportunities in higher education and the necessity "cannot be filled except by waiver of the mandatory deliveries were completed in the spring of 1974. four additional staff lines in the for creating as many positions as possible, requested retirement rule." This policy, which is "very strict" according to "Thus, when the libraryopened initial budget allocation last year, that reductions be made in the applications for except for Provost Schwartz, has been waived only two times last September 24," Wenger Wenger pointed out, two waiver of mandatory retirement professors for at SUNY/Buffalo. Any waiver that is circumstances" which a in recalled, "only floors 2 and 3 were professional and two civil service. "absolutely compelling granted by the Trustees will be in accordance with available for use, and it was For 1974-75, the library will "unique and essential contribution" could be made. this policy, said Schwartz. Pursuant to that memo, the Academic Affairs cataloging line by Ray Bowie , December before all stack floors were open. In addition to the lack of lighting the delay in completion of the stacks required double shifting more than 25,000 volumes, which first had to be temporarily shelved and then sorted and reshelved onto permanent locations." Prof. Wenger stated, withregard to the library's collections, that they continued to both improve and decline in quality during 1973-74. "A major reduction in funds for acquisitions and binding, from $192,250 to $141,930, left the library with the lowest total allocation since 1966, and with funds for little more than subscriptionrenewals and standing orders." Current monographs were hardest hit, while the already-weak treatise collection "received further setbacks and will require major efforts to remedy." The library was consequently unable to increase its subscriptions to looseleaf services, laws, and court reports. receive a permanent and lines for a head of public services and a night circulation clerk, bringing total staff lines to 26.45. "Documents Department operations continued to expand during the year," the librarian also observed, "with an estimated 12,000 additional items received in 1973-74 over 1972-73." He cited a definite trend towards increased faculty and student use of documents developing early in 1974. As to library use, Mr. Wenger said that although higher levels of use were expected with a 16% increase in student body size last fall, actual use far exceeded his estimates, as reserve circulation increased 62% and regular circulation jumped 230% over the previous year. "Use of materials within the library increased even more, and the inability to keep shelving current was very likely the major deficiency in library operationsduring the year." Provost Issues Statement The following statement was released on yet decided, seems to be progressing well. I understand that the waiver has been recommended November 6 by Provost Richard D. Schwartz: by President Ketter to SUNY Central, where it is "Several student petitions have recently reached now under consideration in the Chancellor's Office. Your petitions have been transmitted to the me which strongly support a waiver ofretirement for Professor Adolf Homburger. The sentiments Academic Vice President and they will be used to weight to the strong case for Dr. Homburger's add expressed there accord with those of the faculty, virtually all of whom have signed a similar statement. continuation as a professor at thisLaw School. Thank youvery much for\our concern." I am happy to report that the matter, while not ABA Liaisonship Available ABA COMMISSION ON THE MENTALLY DISABLED - This liaisonship is one of exceptional significance and responsibility. The commission »is composed of a distinguished group of attorneys, judges, educators, and health professionals. All have vast experience and intense interest in Wenger Notes Library Problems Having just completed his Annual Report on library operations last year,Law Librarian Larry Wenger noted, in an interview with Opinion, his perspective on library problems and promises for the coming year. The faculty last spring showed concern over indications that the University's Head Librarian, Eldred Smith, was pursuing policies which would result in a diminution of the Law School's control over importantareas of the law library. After attempts tpreach a compromise with Smith failed last spring, the faculty voted to •seek outside advice on the issue of the law library's relative ' arranged for Harvard Law Librarian Morris Cohen and University of Washington Law Librarian Marian Gallagher, whom he described as "the two best in the country," to visit the Law School in December to advise the faculty on matters ofcollection planning and library administration. Members of the Library Committee have expressed the hope that outside evaluations would strengthen theLaw School's hand against the policies of Mr. Smith, or possibly serve as thebasis for subsequent appeals to the ABA and AALS in the dispute over* administrativeautonomy. Acknowledging the receipt of autonomy. that the law student complaints as to Mr. Wenger noted overcrowding, Mr. Wenger faculty Library Committee has admitted that he had underestimated the extent to which undergraduates would seek to study in the library, adding that he is currently drafting a proposal which might limit undergraduate access to the private carrels, conference rooms, and possibly the research areas on the lower floors. Some law schools, he said,restrict library access to those needing to use legal materials. In response to student complaints about violationsof the rules prohibiting smoking, eating and drinking in the library, the law librarian promised increased enforcement of the.policies, citing the availability of evening and weekend professional staff and a system of penalties now being drafted. the problems of the mentally disabled. Their charge from the American Bar Association is to recommend and implement programs to reform the deficiencies in the mental disability system. The commissionis now seeking a Law Student Division member as a studentliaison to serve on the Commission for the next year and a half. As is the case forall of the over thirty LSD liaisonships, the appointment is made by the President of the Division.Factors to be weighed in the selection are the applicant's background in the sub- stantive area addressed and that person's demonstrated capacity and motivation to involve additional Division members in the very significant work of the Commission. Letters of interest with resumes should be mailed by November 20 to David W. Erdman, President, Law Student Division, 1155 E. 60th Street, Chicago, 111.,60637. Citing increasing undergraduate use of the Library, Library users have been lodging complaints about overcrowding, noise, smoking and eating in Library facilities. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-11-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/14/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/35337ca15636942f0d63c7d1e44fc9dc.pdf c6703e0e8e4cf22bf6ce3f3902b0da00 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Volume 15, Number 3 State University of New York at Buffalo School of Law Denman Lectures On Housing Court - Zaetsch DVF guest M. Dolores Denman, Buffalo City Court Judge by DennisPasiak trying to dig through thesecodes, recommending changes and even On October 21, 1974 in the suggesting a whole new modern Moot Court Room, Judge M. package. With new codes, the Dolores Denman, Judge of the workings of the Court would be City Court of Buffalo and an more streamlined and efficient. alumna of this school, addressed Since the concept of the Housing an audience of faculty and stu- Court is new, Judge Denman condents. Judge Denman spoke about tends that one of the major probthe new City Housing Court and lems is to convince the right described its funding, organiza- people about the seriousness of tion, and chief types of cases and the deficiency in the current legal problems with which it is codes and to point out the best concerned. Judge Denman's pre- way to resotve this problem. sentation was followed by a quesThe Buffalo City Housing tion and answer period in which Court usually handles two types students sought more information of cases. The first type concerns about not only the court itself, the large number of old, decaying but about the many housingprob- structures on the City's East and lems which are facing Buffalo. West Sides. These homes are for Judge Denman began her pre- the most part owned by people of sentation with a short sketch of limited means who do not have the City Housing Court. This the resources to keep them in recourt is a fairly new concept, not pair and conform to the existing only in Buffalo, but in other cities codes. If the owners attempt to as well. The Buffalo Court differs rent out the houses, they cannot from other courts, however, in obtain the type of rent that would that it was not created by a legis- make repairs worthwhile. As a relative act, but was set up on a sult, the homes are left to decay, temporary basis by the Appellate become abandoned, and in turn Division, Fourth Department, in become a health and fire hazard. December, 1973. The Buffalo As Judge Denman stressed in her Housing Court handles both presentation, the housing court is criminal and civil cases, and as by and large a "human coyjt," Judge Denman pointed out, the and she pointed out that, in a court (s really a property court be- large percentage of the cases, peocause it handles commercial ple want to make repairs, but they property as well as residential simply cannot afford to. This is property cases. especially true for 'the older citiThe chiefrole of the court is to zens who are on fixed incomes see that housing ordinances and and who cannot physically make regulations are obeyed. This has repairs themselves or afford 1974 been a rather difficult task prices. because Buffalo's housing codes As attested by area newspapers are for the most part _and newscasts, arson is a serious ill conceived, ill written and even and growing problem in Buffalo. invalid. A substantial portion of Judge Denman described the "arJudge Denman's time during the son scheme" and how it operates continued on page A preceding year has been spent in - October 31, 1974 Students Back Homburger, Oppose Retirement Rule by Ray Bowie training and practical experience" and expressing the Reports of difficulties encountered by the Law fear that his forced departure at this time would School in seeking a waiver on the threatened "subvert the Law School's professional program." mandatory retirement of Prof. Adolf Homburger The PAD resolution was submitted Provost to have generated several spontaneous student efforts Schwartz to forward to those empowered to decide to support the case for the waiver. Unless Prof. upon the waiver. A somewhat similar resolution was Homburger receives a waiverof the SUNY Board of adopted shortly thereafter by the Puerto Rican Law Trustees' mandatory retirement rule, he will be Students Association. forced to retire from the faculty at the end of the Dan McDonafd, Chairman of Moot CourtBoard, academic year at the age of 70. and John Mendenhall, Editor-in-Chief of Law The Law School has, it is known, been engaged Review, also contributed letters in support of the in an effort to obtain such a waiver for Prof. waiver. Homburger for some time now, contending that Mr. Last week, the Student Bar Association passed a Homburger is both fit to continue teaching and resolution offered by President Don Lohr, opposing needed to provide indispensable instruction in the "any arbitrary and automatically enforced rule in areas of civil procedure and New York practice. terms of mandatory retirement based upon age"and Though supported in this effort by law alumni and asking for an exception for Prof. Homburger "so prominent professionals, including Chief Judge that he may continue to provide students with Breitel of the State Court of Appeals, the Law his invaluable and greatly appreciated contribution School was understood to have found resistance to to teaching." any waiver of the retirement rule, which has been Immediate response to the student efforts is strictly enforced by the Trustees in recent years. unknown, although administrative source* have As word of the difficulty filtered through to indicated recently some grounds for optimism in students, petition campaigns were initiated their ongoing appeal for the waiver. s im ultaneously about two weeks ago in Prof. Prof. Homburger received his first law degree Homburger's first-year procedure section and among from the University of Vienna in 7929, emigrated to second-year students who had been in his section last the United States, and acquired a law degree from year. Both petitions were reported to have garnered "Buffalo Law School in 1941. After privatepractice large numbers of signatures protesting the forced in the Buffalo area, Mr. Homburger joined the retirement policy and justifying the retention of part-time faculty at the Law School in 1949 and in Prof. Homburger. 1963 became professor of law. Aside from his That same week, Phi Alpha Delta Legal teaching functions,he continues to serve as chairman Fraternity unanimously adopted a resolution lauding of an advisory committee to the Judicial Conference Prof. Homburger's "unique combinationof academic on theCPLR. . ' BLP Moving On Projects, Seeking Volunteers Twenty-six students are actively involved in the Buffalo Legislation Project (BLP) this semester. Twelve students are doing research for the Erie County Attorney's Office. Dave Leibowitz and Ingrid Hansen are investigating the possibility of developing legislation which would insure the collection of back taxes and demolition charges from owners of abandoned property. Tony Bottar, Greg Brown, John Factor, Al Schein,and Warren Gleicher are assisting in the revision of the County's Environmental Quality Code. The County plans to up-date the existing sections, which deal with air and water pollution and solid waste disposal, and to develop new regulations for noise pollution and land use management. Terence Centner, Jed Macy, Mitch Wilenski, Martin Krutzel, and Larry Stevens are involved in developing a comprehensive plan for constructing and regulating bike paths throughout the entire County. Six students are working for New York Senate Committees under a new, state-wide legislative services program sponsored by the Office of Senate Majority Leader Warren Anderson in consultation with the Minority Office. Bob Gottfried, Ira Wiesner and Dave Horowitz are working for the Senate Housing Committee. They have been asked to develop a statute codifying a warranty of habitabillty and to examine the consequences such a statute might have (e.g., its impact on the availability of mortgage money). John McGilliard, Clark Lackert and Morgan Seeley are investigating the desirability of expanding the discretionary powers of Family Court J udges. Senator Anderson's Office has indicated that as part of the Senate research program, there will be money available to send participants to Albany next semester to discuss their findings with the appropriate committee members. Several students are involved in Projects which began last Spring. Gabe Ferber and Mitch Dinnerstein have been working on a request from State Senator Thomas McGowan to develop an incentive pay program for policemen who enroll in higher education courses. Ben Idziak, Ray Bowie and Tom Palmerhave been investigating the feasibility ol establishing a Tax Court of Appeals in New York State. Bill Ernsthaft and GabeFerber are developing a prospectus seeking federal funds forresearch in the area of problems of the elderly. The Project Directors, Ben Idziak, Jan Rosa and Pam Heilman, are currently writing a formal statement of Project procedures and criteria to be submitted to the APPC. This is the first step in the process of requesting approval of academic credit for participation in the Project. Several projects have been received by the BLP since students were formally recruited in September. Openings exist for the following projects: 1) parole procedures in New York State; 2) the use of assumed names by corporations; 3) consumer protection; and 4) treatment of youths classed as Persons in Need of Supervision (PINS). If you would be seriously interested in working on one of these projects, notify the BLP office located in Room 505 (next to the Fifth Floor Terrace entrance). �Editorials Prof. Homburger We strongly applaud the efforts of the faculty and students who have petitioned for reconsideration of the decision mady by the SUNY Board of Trustees to enforce their mandatory retirement age regulation in the case of Professor Adolf Homburger. Few law professors are so widely respected, and fewer still deserve it as much as Dr. Homburger. Asa legal scholar and instructor, Professor Homburger is without peers. His teaching is undoubtedly the most in demand within the entire law school, and his fitness to teach is untarnished by any of the factors presumed to exist in retirement-age instructors. We are hopeful that the Board of Trustees will reconsider its decision in this case so that the law school, its students, and its reputation will not .suffer the loss of an excellent law professor and authority in the essential legal field of New York Practice. In this, we support the efforts of the Faculty, the Student Bar Association, Chairman of the Moot Court Board, the Editor-in-Chief of Buffalo Law Review, and each class of Professor Homburger's students, all of whom have written and petitioned on his behalf. The Lure of Grants Faced with shrinking state support the last few years, the Law School administration has turned recently to outside grants for support of innovative programs where the prospect of SUNY sponsorship has dimmed. Grantsmanship, the art of seeking and acquiring needed grants, is, however, risky business, and while Provost Schwartz has been notably successful in the business, some recent developments merit thoughtful consideration. Few grants come without strings attached. Private foundations often insist that their grants be considered seed money for innovative programs that are later to be incorporated into the beneficiary's own budget, while the conditions attached to federal grants are even more infamous for reducing the recipient to a puppet controlled by Washington's strings. Occasionally, these latter strings are not even foreseen when the grant is accepted, as was the case with affirmative action mandates and, more recently, with the Javits-Kennedy bill which threatened to "draft" into domestic public service medical students graduating from schools which had accepted federal grants. More subtly, as reported in the New York Times (Oct. 15, 1974) by columnist Fred M. Hechinger, the seed money proferred by grants may be disastrous in periods of economic retrenchment by encouraging institutional overcommitment to expensive new programs that can ill be afforded without harming more basic programs. It's certainly food for thought. October 31, 1974 OPINION 2 Land Trans Transgressing? Scorecard Scored To the Editors: To the Editors: I am presently taking Land Transactions. Both I was disturbed by your publication of the grading "scorecard" in the last edition of Opinion last year and this year, the latter half of this course has consisted of out-of-class work on a distributed (Oct. 17, p. 7). I shall describe to you the range of problem. All problems, roughly twelve different possible meanings it presented to me. The report laid before us the distribution of ones, dealt and will again deal exclusively with grades for each professor in each class. This will no large-scale, commercial type transactions. When I doubt be of great use to students who are immersed asked the professor why the problems were all of a in the problem of getting an easy grader for the next commercial nature, when the casebook is divided term. Since we have no accompanying reports which between commercial and residential subjects, he document how professors arrived at these replied that "This is the way the real world is^ conclusions; since we have no reports about how I don't think, the "real world" is necessarily equitable the conclusions were we have no about multi-thousand dollar commercial substanoe with which to evaluate an instructor's transactions, although this is one area of possible fairness in grading. The concern here was in the practice. Some of us pfan on practicing such barefaced preoccupation with getting good marks mundane matters as closings on residential homes, not through performance, but through an unethical residential title matters, etc. Why not give students in Land Transactions the manipulation of the course selection process. Many schools have refrained from making the option of working in an area in which they are names of instructors available to students during personally interested? Howard Goldman course selection. One of their reasons lay in their fear that "easy" professors would have in their classes a preponderance of that special sort of student whose dessert always exceeds their achievements. Fortunately, faculties have moved away from these ungenerous assumptions about their students. By publishing the "scorecard," the editors have undercut faculty who advocate increased levels by Sara Zurenda, Treasurer of student responsibility in forming a legal education. The simplemindedness of the "scorecard " projected an image of the student body's concerns appreciate Mr. Davis' concern with the I which can ultimately only be detrimental to the complexity and seeming irrelevance of the rules advent of a progressive, more mature sort of legal which the SBA must follow in order to have education. Sub-Board I disburse its funds. As Mr. Davis should The report appeals to the least commendable I know, these rules are for the protection of elements in the student's personality. It elicits and ■ Sub-Board I, the SBA, all SBA organizations and reinforces the already excessive attention many pay i members, including BALSA, f would not care to see to getting a good grade. Grades, when taken in the I Mr. Davis being held personally liable for_ an frivolous way you presented them, are wholly empty \ incorrect application negligently accepted by me or achievements. I am afraid that some students will any of my superiors. readily cash in on the opportunity for cheapened Here are the facts Mr. Davis failed to disclose in success which you have availed to them. Ihis commentary regarding the payment of a travel advance to Ms. Barbara Rowan, who spoke on May I submit that the article is contrary to the well-publicized efforts by many here to promote 10, 1974 at BALSA's Minority Symposium. high standards of personal and professional ethics. Approximately one week prior to the event, Mr. The student paper was a sorry forum for its I Davis applied to me, the SBA Treasurer, for a travel ill-founded message for, in summary, the following advance for Ms. Rowan without adequate supporting three reasons: a) the "scorecard" did not reflect any data including her mode of travel and the list price of the real problems of grading, but only its window of that method. Mr. Davis further requested that the dressing; b) this simpleminded attitude cast the travel advance ostensibly for Ms. Rowan be made student body in an adolescent role not worthy of Ipayable to himself, Mr. Davis. This is not allowed, respect; c) it opens the door to charges that the nor has it been in the past, nor does it seem it will in student paper supports, or at least promotes, the future. Mr. Davis was so informed. In a unethical behavior in the course selection process. ■somewhat timely fashion, Mr. Davis furnished Ms. Ronald Eskin I Rowan's address, and the forms requesting the travel advance were submitted on May 7, 1974. Note: For many years now, Opinion has each The Office of Student Affairs held the request semester reported the grading distribution released fpending the receipt of further information from me by the Registrar's Office, without faculty or student \via Mr. Davis. When the information was deemed complaint as to its effect. We welcome, of course, (complete, not by me, but by the Office of Student any further comment as to its advantages or /Affairs, Ms. Rowan was paid her travel advance disadvantages.. according to our REP form number 096574. i — SBA: NOT KAFKAESQUE '' < '• << < ' '' ' An Analysis: Minority Student Enrollment Declines by Gerald A. Hudson the decision made in Albany and elsewhere to limit the financial support awarded to minority students at the law school. This limitation on the awarding of full tuition waivers to minority students has put thelaw school at a severe disadvantage in attracting minority students. This basic modification in the program tends to accomplish what the DeFunis case failed to do, the stifling of equal access to a legal education for all persons rega.rdless of cultural or economic background. In the origination of the Minority Student' Program at the law school, there was a recognized fact that substantial financial support would be essential to the success of the program. There is some question whether the law school and the University has dedicated minority persons: itself to securing The decline in enrollment, sufficient financial support, even however, may be attributed to though efforts have been made in other factors. One such factor is the past to secure additional Efforts have been made since 1968 to increase the number of minority students enrolled at the law school. These efforts were coordinated into a program that offered modifications in the regular admission criteria and full tuition waivers for those minority students chosen. This effort has dissipated four years later, as witnessed by the more than 55% decline in the number of minority students enrolled in the first year class as compared to the prior year. Thisdecline in enrollment comes in the aftermath of DeFunis v, Odegaard, where a white student who was deniedadmission to law school challenged the legality of a law school admission practice which allegedly gave preference to -funding from other sources. This lack of financial support perhaps can be positively correlated to the academic success of students, whereas first-year students are forced to allocate study time loan activity which will help support a legal education while maintaininga reasonable student standard of living. The Minority Student Program has been further hampered by the law school's decision to construct an admissions policy that will admit minority students but will be protected against possible legal attack. The practicality ofany such policy change in securing a substantial minority enrollment at the law school-isdebatable in light of the, built-in cultural and educational bias, of the regular admission criteria. Professor Jacob Hyman is preparing for submission to the Long. Range Planning Committee policy recommendations which would endorse the continuation of affirmative action in the selection of both students and faculty. Future policy considerations must realistically deal with the student financial need question and the prospects of a progressive admissions policy. Apathy by students, faculty, and the administration will severely jeopardize any evidence of equal opportunity and protection at JohnLordO Brian Hall. , Volume 15, Number 3 flr»ir»i«-»r» UUIIIIOII October 31,1974 Editors-in-Chief Ray Bowie Kay Wigtil Guinane Managing Editor: Matthew Leeds News Editor: Michael Stoller Feature Editor: Louise Tarantino Photography Editor: Eric Zaetsch Articles Editor: |ohn Stuart Alumni Editor: Earl Carrel Sports Editor: Dave Gerlnger Business Manager: Allan Mantel Staff: Dennis Pasiak, |eff Chamberlain, Shelley Taylor Convlssar Gerry Hudson, Gary Muldoon, )an Rosa, Sheilah Rostow OPINION Is published every two weeks, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall SUNYAB Amherst Campus, Buffalo, New York 14260. The views expressed In this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organllatlon Third postage Class entered at Buffalo, New York. Editorial policy of OPINION Is determinedcollectively by the Editorial Board. OPINION is funded by SBA from Student iw f««i I �October 31, 1974 OPINION 3 Verge Of Greatness by Allan D. End of the Bar Mantel For those who may have forgotten, or those who may not know, in 1972 a joint reinspection committee of the American Association of Law Schools and the American Bar Association appraised ÜBLaw School as one ofthe few legal institutions in by I eff Chamberlain the nation which had the potential of elevating itself from provinciality to national prominence. The phrase used to describe our overdue recognition became a rallying cry for the Law School, the iinii t, Ui less lint ctiit^cii. University and the Albany bureaucracy: UB Law ****/ ""'"5 School was on the "Verge of Greatness!'" There would be very little sense in having a law school if there Much of the referred to appraisal resulted from were no such things as laws. Fortunately, there are such mythical the inspection of our beautiful? functional? well easts, some of which seem to have been created solely for our at least, adequate newHiome. However, a building musement or aggravation. These laws are not absolute. Social realities does not a law school make, and I suggest that ictate that "it depends" is the only really accurate, all-purpose answer amidst the euphoria there looms a healthy o a question of "what the law is" at least before the infallible test skepticism of administration policies and some fa court decision on the matter. But there are, of course, otherlaws reservation regarding their Implementation. >esides statutes,' executive orders, administrative rulings, court Therefore, from time to time I intend to take a and parental insistences; laws which, perverse as it may " ecisions, critical look at the institutions and policies of this seem, have no direct relationship to The Judicial Process at all. law school and attempt to appraise their focus, There are, for example, scientific laws. Scientific laws used to be direction and success. It is this writer's opinion that bsolute: universally applicable to the relevant phenomena and those responsible for the law school's development xpressly accurate if technical operations were performed correctly, must not become complacently satisfied with or every physical action there was an equal and opposite reaction, rhetorical accolades, but rather must continually hether in an airplane traveling at the speed of sound or on a waterbed strive to realize the of this school's than stellar. There have been positive efforts, and I oving at a somewhat lesser speed. But the scientific revolution of metamorphosis in ourlifetime. do not want to make light of them. Sample resumes lativity changed all that,and as a result my body, which is described and cover letters have been readily available. n my passport, has lost its friendly corporeal solidity and is, I'm told, Additionally, three placement workshops have been etter "explained" by physicists I PLACEMENT, OR THE LACK THEREOF and other magicians as a generally held to familiarize students with the mechanics of ry configuration of generally airy molecules, atoms, and other such Considerable concern has been voiced for quite finding employment. These efforts appreciated ntological mysteries. Too, my mind, which is described by are some time over the law school's inadequate and applauded. However, these very sychologists and other theologians, is no more the are the. "root of my placement facility. The concern is thoroughly minimum of what one expects from a competent onsciousness," dependent upon an apocryphal pineal gland to understandable, for* placement is the "bread and placement office, and when butter" issue of every law school. Every graduate placement's handling of this year's one appraises ansmit its orders to my body (see above), but is in reality no more meagerinterview lan a complex piece of electrical circuitry whose impulses are rightfully expects and deserves some assistance from schedule, something less than satisfactory is the easurable by Alpha-wave monitoring devices and the like. his legal alma mater in tracking down, at the very honest appraisal. If you say that you do not fully understand this, I will confess least, that first law-related job. Looking at various The number of those interviewing was piddling; at do not either; but the point is that with the decline n' religion law schools, one realizes that the schools have however the demand for interviews was great. To my nd Ithe corresponding advancement of the science of relativity, highly sophisticated placement operations, involving knowledge, no notice of an interview schedule was erything which smacks of an "absolute law" has been marked by an outside public relation operatives, which provide given, no information regarding sign-up procedures xceedingly bad press. Fortunately, however, for those disciples of their students with a national network of was disseminated, no publicity was available to ogmatism in thinking, there are a few absolute truths left. After employment contacts. (NYU's interviewlist contains inform students of placement services generally. onsiderable dilligence, I have compiled the following eclectic 220 firms, and scans 40 different employment Consequently, as of October 9, there were 427 total ollection of Immutable Laws (all of which, by the way, are "real"and locales.) The "not-so-great" schools provide no interview slots for the 18 firms. Of these 427 slots, credited to their creator whenever possible): continued on page 4 placement service, and force their graduates to fend 53 were vacant. (It should be noted that the for themselves, while the "verge-of-greatness" vacancies appeared in Action; Touche Ross, an schools provide something in between. UB Law accounting firm; and the Judge Advocate Offices of School's placement office has been in operation the Marines and Army.) The 374 reserved slots were since last November, and our interview list totals 18 filled by 108 individuals, which averaged 3.5 prospective employers. The implications are obvious. interviews per individual. The upperclass enrollment by the Buffalo Chapter, ÜB's placement problem stems from three totals 489 (184-senior class; 295-junior class), and National Lawyers Guild I sources: 1) lack of fundsresulting from the reneging contend that most, if not all, would have liked an by the University on what were thought to be firm opportunity to interview at least one firm. The recent student-faculty-administration discussion which has budget line commitments; 2) a general |ack of Un fortunately, more than three-fourths of the been generated by the open letter to the faculty authored by a small national recognition; and 3) deficiencies within the upperclass was precluded from doing so because number of students prompts the Buffalo Chapter of the National existingplacement office. placement failed to give adequate publicity to its Lawyers Guild to comment on the future directionsof this law school. In terms of long-range objectives, the University most significant service. In making these comments we acknowledge that we are inclined to has dealt the severest blow to the creation of a It is not unreasonable to expect students to help agree with a few propositions contained in that letter, notably those nationally-recognized placement service at the law themselves by seeking out offered services. relating to availability and continuity of course offerings which satisfy school. Until last year, the Deanhad been given firm Ordinarily, this is in fact a student responsibility. diverse needs. However, both the tenor and underlyingassumptions of assurances that two full-time budget lines would be However, it is unreasonable to expect students to be the letter cause us considerable concern. available for placement. Purportedly the law school aware of services whichheretofore did not exist. It is In characterizing the law school's resources having been was to have a permanent in-house line, as well as a unreasonable to expect students to ferret out these "diverted" there is an implicit suggestion that suchasresources have full-time outside operative, whose main function services during the hectic first weeks of a new somehow been siphoned off from the main stream only to flow into would involve publicizing the school and drumming semester without adequate notice and publicity. It is some esoteric and unrelated "backwaters." We cannot accept such a up job contacts. Late last spring, ft became known inherently unfair to allow those with prior proposition. that funds once thought available had dried up, and knowledge to entirely consume a service before First, we would hope that an appeal to "professional areas" or that the law school would have to settle for the substantial numbers of similarly situated persons "careers" is not seme myopic regression from which everyone would present budget allocation: no full-time placement .have even become aware that a service exists. The lose. "Professional" carries many connotations. In one sense it refers personnel. Instead, a split line was offered and effort to publicize would have been minimal; the risk to practice of law as distinguished from instruction or scholarly accepted, in which 60% of the line was allocated for of imposing substantial harm was great; and the inquiry. In another respect "professional" may mean that cold, placement, and the remaining 40% allocated for result is negligence. rigorous analytical quality which some urge should enable the required teaching time. Little information has been Where does this leave us, the students of UB practitioner to serve as an advocate for either side to a dispute. Yet offered to shed light on the intra-university Law School? Frankly, we are left with a facility that another meaning is closely tied to ethics or propriety behaving negotiations which led to this incredible state of is inherently inadequate due to insufficient funding, professionally, as it were. However, there is yet another meaning which affairs. Similarly, we are left to ponder whether the a facility which is therefore unable to perform those attaches to "professional" and thatis a tired, old, oppressive law which law school administration "went to the mattresses" functions which would thrust UB onto the national I limits students, teachersand practitioners and breeds gross inequities. to effectively lobby for more than a token budgetary market, and a facility which performs its own It is thislast form that we vehemently reject. administrative functions in a somewhat less than Inasmuch as practice or field experience is a crucial part of allotment. The significance of the University's satisfactory manner. Of course, I am reminded of | professional education, we urge that clinical programs of the highest administrative amputation is particularly our future plans, and that Rome was not built in a i quality be developed and implemented forall who wish to participate. underscored by the results of the placementoffice's day. One day we will be recognized as a national I It is essential that such programs draw on diverse talents and from effort to attract interviewers to the school. institution, with a nationally-recognized placement | programs of differing points of view in order that the graduates of a Approximately 6000 invitations were extended to facility. However, what do we say to the classes of '.state law school can meet their obligations to the people. It is also most important to expose students to the literature and hiring firms and government agencies. As of October yesterday, today and the immediate tomorrow? The 9th, the response has totaled 18!! To say that UB ability to look back years from now and proudly I thinking of other disciplines. It is terribly narrow to assert that other Law School suffers from a lack of recognition is the display a UB degree is little solace for those ; academic areas are somehow off the main path, not really a part of understatement of the year. The need for a graduating classes which are forced to go it alone in I legal education, and in any event something to be pursued on one's professionally-staffed placement office-is glaringly this legal market. The lines of responsibility are (own time somewhere else. On the contrary, only the person who is clearly drawn: the University and, particularly, the i abje to thinkabout alternative means of solving a problem and who is "•" apparent. Funding and reputation aside, the performance Law School have an outstanding duty to the present s sensitive to the larger world of people and ideas can do the job he or of the present placement officehas likewise been less as well as the future. continued on page 4 Immutable Laws — - — The GuildStand - , —. - �4 Students Crush Faculty In 1st Annual Football Game by Gary Muldoon A hotly-contested football game took place on a chilly Saturday morning recently between the law school students and faculty. Injuries plagued both teams and played a decisive factor in the game, but when the smoke had cI eared, the students had stomped out avictory, 38-13. Prior to the game, the students were picked byoddsmakerFreddie the Greekas the six-point favorites. The starting faculty team, well organized and efficient, was composed of Robert Reis, Barry Boyer, Haywood Burns, Dan Holley, Ron Allen, and Richard Bell. However, a hamstring-muscle injury early in the game sidelined Allen, so Jason Karp took Allen's place for the rest of the game. The student team in the first half was inefficient and disorganized, so the faculty, led by Burns at quarterback, got on the Scoreboard first. Reis caught a touchdown pass, but the point after was missed. Shortly after that score, Burns connected again, this time to Holley for the faculty's second touchdown. Bell made the pointafter, fora 13-0score. Steve Telzak, one of the student team's offensive guards, was temporarily sidelined with a jaw injury after receiving an allegedly intentional tort from Hoiley. However, students on the sidelines thought that assumption of risk was a defense. A late first-half rally by the students ended up with a touchdown reception by Lenny Novak from QB Don Vogelman. However, Haywood Burns,playing defensive end on the play, sustained a shoulder separation that threatened to dejay both the game and the Attica trials. Burns was taken to the hospital, and the faculty, with only five men, got Jeff the Ref to take Burns' place. Theref's place was taken by Randy Greene, who had injured his back on a previous play. October 31, 1974 OPINION Immutable Laws - continued First, are five laws which from page 3 During half-time, the marching band did not show up, but refreshments were provided by Schaeffer. The students dominated the game in the second half, and the faculty team, sans Burns, gave up touchdown after touchdown. excerpt the characteristics of the Intergalactic Conspiracy To Deprive Right To Happiness: (your name) Of His/Her Jenkinson's Law: It won't work. Pudder's Law: Anything that begins well ends badly. Borkowski's Law: You can't guard against the arbitrary. Sattinger's Law: It works better if you plug it in. Murphy's Law: 1. Nothing is as easy as it looks. 2. Everything takes longer than you think. 3. If anything can go wrong, it will. Next, four contributions which help explain the workings (or non-workings) of bureaucracies: Oeser's Law: There is a tendency for the person in the most touchdown to even the score. Allen all his time serving on Schneier intercepted a faculty pass powerful position in an organization to spend and ran in for the score. Paul committeesand signing letters. Dow's Law: In a hierarchical organization, the higher the level, the Equalecaught a screen pass and ran 65 yards for a touchdown. Later greater the confusion. Parkinson's Law: Work expands to fill the timeallotted for.it. on, another Ramirez reception put The Peter Principle: In a hierarchy every person tends to rise to the ball on the faculty two-yard line, and Lenny Novak ran in for his own level of incompetence. Third, two comments about ThePresent State Of Affairs: the score. Somehow, the score was Price's First Law: If everybody doesn't want it, nobody gets it. finally 38-13. Kitman's Law: Pure drivel tends to drive off the TV screen Second-year student Ron Ramirez took a pass from Vogelman for a Students expressed hope that ordinary drivel. The next four Laws are the only rational observations of which I the football game might become an annual event, but they thought am aware about the so-called quantitative "social sciences": that in the future it would be Hart's Law of Observation: In a country as big as the United necessary to spot the faculty a few States you can find fifty examples of anything. touchdowns. The Law of the Perversity of Nature: You cannot successfully determinebeforehand which side of the bread to butter. Harvard Law: Under the most rigorously controlledconditions of pressure, temperature, volume, humidity, and other variables, the organism will do as it damn well pleases. (A.S. Sussman). Dibble's First Law of Sociology: Some do, some don't. And finally, the Les MiserablesMetalaw:* All laws, whether good, bad, or indifferent, must be obeyed to the letter. (L. Peter). Gifts." Here's a way to beat the high cost of Christmasand still af*A metalaw is a law about laws. ford to give gifts.-It will be held on November sth at 7:30 p.m. in the Faculty Lounge. Everyone is continued from page 3 invited! she may be called upon to do. In this connection, we take notice of the serious limitations of the recently circulated student input On November 15 (also in the questionnaire. Many of the questions foreclosed any responses other Faculty Lounge) there will be a than those which only confirmed the assumptions of the person(s) business meeting and the second who devised that five-page inventory, assumptions which were mini-Lecture with Mr. Wade Newreflected in traditional categorical sorts of questions. house, and on November 24th, a And so we too are deeply and genuinely concerned about where Family Bowling Party is planned this law school ancTits students are going. We are hopeful that the at the UB Lanes (Main Campus). larger goal of "competence" can be framed in such a way as to satisfy Let us not forget the Moot Court the wants and aspirations of a diversified student body and serve the Competition scheduled to be held needs of a larger community of people. November 19th. Dan McDonald has been asked to come and speak To the finderof books notes, and tape recorder left on hood of auto in to a gathering of interested memsmall parking lot near Law School at 10:30 p.m. Oct. 24th: please, at bers about Moot Court and the least return books and notes to 3rd Floor Office or call Angela competition at 6:30 p.m. After Wickert. 876-9429. that meeting all those who wish will accompany Dan to the com"Self-realization is petition itself. Many more activities and the one true BIRTH." meetings are planned for the upcoming year. Both Opinion and Ramana Waharashi the L.S.A. Newsletter will keep all those interested informed LSA Plans ActiveFall The Law Spouses Association commenced operations in earnest this year on October 8 with a meeting of the Executive Committee called to approve the draft of the Constitution, before it was formally submitted to the SBA. The Executive Committee is comprised of committee chairpersons and the elected officers of the Association.Under the direction of President Nancy Kitchen, the proposed Constitution was closely analyzed and each section and article acted upon. The Constitution, as amended, was approved by the full committee and reported to the general membership at the second business meeting October 15. The membership was faced with a real set-back when Nancy Kitchen, President, and Lois Weinstein, Vice President, both announced their intentions to resign. It was with a general sense of loss that the membership accepted their resignations. Their guidance will be missed, but they will both remain active in the Association. Thanks to thatConstitution on which they had worked so hard, provision has been made for an election of two officers to replace Nancy and Lois. The nominating Committee has been created under the chairmanship of Mary Jane Shonn, and nominations and elections will take place at the next business meeting November 14 at 7:30 p.m. in the Faculty Lounge. All dues paying members of good standing are eligible to vote and are urged to attend. Also at thebusiness meeting reports were read from the other officers and plans for variousfuture events were discussed. Mary Jane Shonn reported on attempts made by the Day Care Center Committee to feel out community receptiveness to the idea of a Day Care Center on the Amherst Campus. Don Monacelli, the mastermind behind the L.S.A. Liquor and Wine Raffle (A.X.A. Booze Binge), reported on the condition of this enterprise. Tickets are on sale now, form any L.S.A. member, and are a dollar apiece. For your dollar you have a chance to win the First Prize of (approx.) $25.00 worth of booze and wine. Several other prizes will also be awarded. The proceeds from the Raffle will go to the L.S.A. Scholarship Fund which hopes to collect enough money to provide scholarships to needy married students. No self-respecting law student should pass up this opportunity so, if you want a ticket, find a married student. The drawing will be held December 14; you need not be present to win. The first L.S.A. Newsletter will be published in early November. Because of current economics it will only be sent to members of the Association; however, copies will be posted on bulletin boards around the law School building. Anyone who wishes to contribute information of interest to the Association and its members or who would like to be placed on the mailing list should contact Cindy Solomon: 838-4645 or Terry Vasquez: 837-3576. The Newsletter will be published monthly. The Highlight of the evening, however, was the first mini-lecture given by Janet Harring. Ms. Harring, who came to the Law School last year, spoke to the meeting about Torts Theory: what it is and isn't. It was apparent, during the question and answer period after the lecture, that many members had not realised how closely__the law of Torts related to their daily lives. The Mini-Lecture Series is an attempt to humanize the law, and the membership of the Association is very grateful to Ms. Harring for being the first to so ably break the ice on this venture this year. The Italian Pot Luck Dinner held October 26th at Jaime and Tom Collins was a great success and a great beginning to the social events of the year. Next on the Calendar... Mrs. Laufer will give a demonstration of "Making your own , The Guild Stand - . , - Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 Telephone: 854-1846 Denman Lectures continued from page 1 in Buffalo. Five thousand dollar structures are often insured over the telephone for thirty thousand dollars. Agents and the insurer then split the proceeds when the building burns down, leaving a nice profit forboth. Finally, another problem concerning these old structures is demolition, as to who will and when will these old buildings be torn down. Often people will not pay taxes on these old structures, and after three years the City of Buffalo finds out that it is the proud owner of a 1908 rat-infested fire trap. The City incurs the expense of tearing it down. The chief dilemma in this area is whether the City should tear the building down itself or if a private con tractor should. Contractors will not touch a building for less than three thousand dollars. Connecticut Mutual Life • THE BLUE CHIP COMPANY SINCE 1846 The second type of case involves the large-scale operators as opposed to the small owner described above, judge Denman described the Ralston Purina case, in which the corporation made a gift of a grain elevator to the Hope Baptist Church. The corporation received a large tax write-off, but just before giving the grain elevator over to the church, it removed everything of value from it. The church was left with an empty shell, and the beneficial usesof an old grain elevator with all machinery, woodwork, plumbing and electricat fixtures removed are quite restricted. Of course, the City is left with the shell, and a demolition bill in the high six figures. In closing, judge Denman pointed out that the Housing Court is faced by massive prob- lems that have accumulated over the years. The Courtis not quite one yearold, but she sees a good future for it. With proper help in terms of staff and funds, and with a realization among those in authority of the magnitude of these housing problems, Judge Denman firmly believes that the Housing Court should continue and will make a vital contribution to the citizensof Buffalo. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-10-31 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/31/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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Judge of the Court of Appeals, Desmond Moot Court Competition heard an estimated 11,500appeals, was launchedlast Wednesday when stated that he had "been on courts Moot Court Board hosted former long enough to see and feel this Chief Judge Desmond of the State fabulous development over 25 Court of Appeals, who addressed years," particularly in the areas of over 100prospective candidates on criminal rights and torts. The the subject of appellate advocacy lawyer's courtroom work, he prior to the distribution of this concluded, was of "prime year's competition problem. importance" in this development, F o 11owing J udge Desmond's for "it is the thrilling work of the address, approximately SO lawyer, the romantic aspect two-person teams, the largest where one feels the glow ofvictory number ever, received copies ofthe and the chillof defeat." competition rules and the 1974 Charles S. Desmond, former Chief Judge Judge Desmondalsoadvised the State Court of Appeals, addressing Desmond problem, which was of prospective Moot Court Competitors. competition contestants on written by threeMootCourtBoard briefing and argument techniques members over the summer. The campaigning. problem this year involves a cease Moot Court Competition was as practiced in contemporary Of his campaign for the position he now holds, Judge Breitel appellate courts. years ago, spoke named nine desist order issued by a remarked, "I was elected last year for reasons I am not at all sure and hypothetical state human rights informally on appellate practice, why." He further,asked plaintively, "What in Heaven's name elected The Desmond Competition is noting that while appellate me?" Badgered by campaign advisers and convinced by necessity, commission against newspaper advocacy was only a small part of held each fall for teams of firstand publication of advertisements for Judge Breitel said that he was forced to allow his campaign forces to year students, though the second practice, law it is instrumental to collectand spend $500,000, much of it for televisionadvertising, in an employment in South Africa, the growth and change in the law rules this year prohibit which advertisements the effort to get him elected. single-person entries for the first wroughtby the courts. Judge Breitel suggested that a confirmationcommission, although commission claims are continued on page8 abandoning direct election, would still uphold the democratic tenet discriminatory commercial speech that "the judges belong to the people" by leaving the power of but the newspaper claims are proappointment in die hands of the executive, an elected political tected speech under the First representative. The Chief Judge also suggested that the collaboration Amendment and a treaty of laymen on similar existing panels had proved that such input from provision. Competitors have a month tp preparebriefs on the side without the legal system can prove most valuable in practice. However, Judge Breitel asserted that the discipline of judges of the commission or the In the aftermath of an open letter addressed to the faculty after which they will should be "almost exclusively in the hands of judges" rather than in newspaper, recently by a group of students concerned over academic priorities, a enter a series of oral arguments the control of lawyers or laymen. In support of this position, he cited series of informal meetings has taken place thelast two weeks between a necessity of disciplinary boards to be familiar with judging, a during the third week of faculty involved in program planning and signatories to the open letter "specialized branch of the law," in order to be able to competently November. In his introductory address, in an attempt to resolve particular differences. evaluate judges from the perspective of experience. Immediately following the issuance of the open letter, Provost continued on page 4 Judge Desmond, for whom the Schwartz met with the signatories in a lengthy discussion of academic priorities and faculty appointments. Reports of the meeting indicate that the Provost and the students generally agreed as to professional program needs and the necessity for insuring that the final five expected faculty lines are devoted to the professional program, but disagreed over whether faculty should be sought on the basts of their academic reputations or on the basis of subject areas needing to be by Ray Bowie taught. The Provost reportedly defended the former position, while the studentsadvocated the latter. Howard Phillips, former acting director of the Prof. Barry Boyer, who had authored a letter replying to the OEO under President Nixon, spoke at the Law Distinguished advised the signatories to channel their input through the students, School last week at the invitation of Long-Range Planning Committee charged with developing the School's Visitors Forum on the subject of political activism in master plan. Two of the students, Don Lohr and Ray Bowie,addressed federal legal services. the Committee on the subject of the course sequences that the open Mr. Phillips, who presently lectures and writes proposed, and, while the consensus of the Committee was that letter on the federal bureaucracy from a conservative formalacademic concentrationswithin the J.D. might not be desirable, perspective, enunciated his major premise to be that the Committee did endorse the grouping together of courses in certain public policy should not be determined in a manner subject areas in the catalog so as to permit informal concentration. unaccountable to the taxpayingmajority. Profs. Norman Rosenberg and Paul Goldstein discussed two Citing the growth of a "national legal services clinical programs which had been questioned in the open letter, the network" since 1965, with a projected $100 million SLF's and the Criminal Justice Specialist programs, with several of the budget under the new corporation, Phillips stated signatories last week, as a result of which discussions, several that because it could function as virtually "the misunderstandings were reportedly removed. nation's largest law firm," federal legal services had Mr. Rosenberg defended the SLF's as professionally-oriented and political concentration of become an unaccountable denied that the Criminal Justice Program was designed to effect power in the hands of private parties. With federal Howard Phillips, Former OEO Director (1973). attitudinal modification in participants, though admitting that "poor subsidies for transportation, facilities, research, and Lawyers Rights National National Guild, wording" in the proposal might have given that impression. He noted, Welfare training, the private non-profit organizations comprising the legal services network are able, he Organization, and other left-oriented groups. In too, that both the SLF's and theCriminal Justice programs either were alleged, to lobby and litigate their political objectives other cases, "politically influential people" dominate funded by outside grant money or else drewupon existing programs legal services organizations and are able to direct the for most oftheir support, pledging that the Law Schoolwould rather into effect. see their discontinuation thandivert professional program resources to Commenting on the nature of these private organizations to political goals, he declared. Phillips further contended that legal services sustain them in the future. Two of the signatories later expressed organizations participating in the legal services attorneys were registered lobbyists in some states, satisfaction with thisdiscussion. program, Phillips said thatmany such organizations continued on page 5 continued on page 5 reserve assigned seats on their boards for the ACLU, Charles Breitel, Chief judge of the-New York State Court of Appeals, deploring the New York practice of electing judges and calling it his "top priority" for judicial reform, urged the appointment of judges in the state by the executive aided by a "confirmation commission." "Anything would be better than we have now," he told a packed Moot Court Room audience on October 3. Judge Breitel also advocated a system of judiciallyadministered discipline of judges. He delivered his remarks as a guest of the SBA Distinguished VisitorsForum and Phi Alpha Delta. The Chief judge recommended a "confirmation commission" composed of people from many walks of life that would, over a sufficient period of time, contemplate the fitness of candidates nominated for judgeshipsby the executive. Such a system, according to Judge Breitel, would relieve such alleged current problems in judicial elections as voter ignorance, insensitivity to abilities and issues, political pressure on candidates, questions of legal ethics, and the time-consuming pressures of Zaetsch . Faculty, Students Discuss Issues In Open Letter Former OEO Director Attacks Activism In Legal Services - Zaetsch �October 17,1974 OPINION 2 Editorials The Judiciary, the Morass President's Corner by DonLohr was niehter intended nor present under any reasonable to dispel any interpretationof the main thrustof would like I lingering misunderstandingrelated theletter taken as a whole. Third, the main thrust of the to the Open Letter to theFaculty of September 16, 1974. First, I letter is exemplified by the five signed as an individual and not in suggestions described in the letter. the capacity of President of the StudentBar Association. All of the The first dealt with the concept of signatories of the letter signed as concentrations, the second with the relation between the seminars individuals and not on behalf of and proposed concentrations, the any organizationwhatsoever. Second, I would like to thirdwith the possible notation of a concentration on the diploma, unequivocally state that the true and original intention of all the fourth with replacementof key concerned was to setforth positive faculty members on leave or and constructive proposals with sabbatical, and the fifth with a respect to the prioritiesofthe Law greater utilization of the Joint School which do not necessarily degree program in light of the have to be recognized as contrary withdrawal on the part of the to any extant or proposed University Administration of the program. A challenge or attack on ten interdisciplinary the merit ofany particular program appointments. In the welter of political campaigns bidding for public attention this fall, prospective lawyers, particularly those intending to practice in this state, should focus special attention on the four candidates seeking election to the two vacant Associate Judgeships on the New York Court of Appeals, that court wherein lies ultimate responsibility for the interpretation and application of New York law. In the morass that is judicial election, appropriately denounced by Chief Judge Breitel just last week in an address at the Law School, incumbent Associate Judge Harold A. Stevens, whose competence on the bench was recognized in the endorsements he received from the state's three other major parties, lost the Democratic nomination in the September primary to trial attorney Jacob Fuchsberg, who sought the Chief Judgeship unsuccessfully last year on the basis of a stack of money, the exploitation of the "Baby Lenore" case, and a slick Madison Avenue campaign touting him as a "chief-ish kind of man." Judge Stevens, the only black on the state's highest court, has earned a rating of "highly-qualified" from the by J.Glenn Davis New York State Bar Association, acclaim for his judicial competence, and a reputation for fairness indicated by the It is with some regret that I feel Republican, Conservative, and Liberal endorsements. Mr. on the Fuchsberg's qualifications this year are the same as last year, compelled toofcomment certain officials of when his NYSBA rating was a frank "unqualified," though performance Bar Association he stands the unfortunate advantage of better voter the Student concerning the handling of a identification due to his lavish advertising. The choice is matter related to BALSA'S clear, and we endorse the candidacy of Judge Stevens while Minority Lawyer Symposium. encouraging voter rejection of Mr. Fuchsberg. AlthoughI stopshortofsuggesting •' Fourth, I firmly believe that articles in newspapers should be considered as reflecting a certain amount of journalistic freedom and that the views expressed therein should not in the remotest sense be attributed to others. The letter was a complete document and should not have been construed in the context of, or along with, any extraneous journalistic material such as that appearing in The Spectrum, although use of Opinion was required to achieve wide, internal circulation. Lastly, the best interests of the Law School are served by those having different philosophies, ideas and commitments working collectively in the spirit of cooperation andmutualrespect. Our Kafkaesque SBA The other two candidates for Associate Judgeshipson the Court of Appeals, Justices Lawrence Cooke and Louis Greenblott of the Appellate Division, Third Department, have received the Democrat-Liberal and Republican endorsements respectively, each being-rated "well-qualified" or "qualified" by the State Bar Association. As their basic qualifications balance out, the choice reduces to a question of political loyalties. As the opportunity presents itself for general comment on the subject of judicial elections, we endorse Judge Breitel's appeal for an appointive selection system with provision for a high-calibre confirmation commission, as the present election charade only puts a premium on the candidate's "packaging" as opposed to the substance of his competence. Quality of Student Life The decision of the Long RangePlanning Committee to include a section on "the quality of student life" in its forthcoming master plan for the Law School shows admirable solicitude for the student welfare in institutional planning, but in another sense, it poses a true challenge to students themselves. Student life is perhaps the one section of the master plan that the faculty and administration cannot figuratively write, for its authors can only conceivably be the very students who daily shape student life through their own interaction. Student life is, after all, what students do, and therein lies the challenge. The quality of student life has, it would seem, deteriorated markedly since last spring, culminating in the last few months in a series of ideological power plays, destructive purges, and selfish vendettas, most of which have ultimately revolved about factors ulterior to Law School issues. Attempts have been made to monopolize the realm of student representation and villify opponents with unsubstantiated allegations of impropriety. Within the Student Bar Association, student life resembles, as one source accurately put it, a virtual civil war. Without citing individuals or organizations, we students have authored a poor report on "the quality of student life." In its decision to incorporate this report into the School's master plan, the Long Range Planning Committee may, however, have inadvertently issued just the sort of challenge necessary to get some metaphorical authors to lay aside their thusfar poisoned pens. minority representation at the Law School,is another manifestation of thisattitude. In the Spring of 1974, BALSA sponsored a symposium which featuredpracticing attorneys from throughout New York State. inefficiency of bureaucratic procedures, neither I nor the intended recipient were unduly concerned that thecheck had not as yet arrived, and she graciously consented to cover her own expenses, pending reimbursement. Approximately ten days prior to I was surprised and concerned the program, a request for an upon learning, more than a month that payment had still not later, advance travel payment,which was a conspiracy on the part of the to besent to a programparticipant, been received. I promised an university administration, I do feel was submitted in accordance with immediate inquiry into the reason that this incident is indicative of the procedures established by for the delay. I then entered into the pervasive, albeit sometimes Sub-Board and the SBA. I was what can only be described as a unconscious,- racism that assured by the SBA treasurer that a series of Kafkaesque conversations permeates our society. The recent check covering travel expenses with thePresidentandTreasurerof university moves virtually would be sent out so as to arrive the SBA. (In the interest of fairness eliminating tuition waivers under prior to the program. Needless to it should be noted that most, ifnot the EOP program, which in effect say, the check did not arrive in all, of the information I received means the elimination of any time. Being aware of the inherent from the SBA President was elicited by him from theTreasurer. This article is not intended as a reflection on flic manner in which It is only six weeks into the new term and already he has di scharged the first-year students, who have not even had to do extensive responsibilities of hisoffice.) These research, are joining their seniors and complaining about the conversations resulted in a myriad inconsiderate behavior of their fellow students in the library. of conflicting explanations as to Primary reference materials are not reshelved once used, why the check had not arrived.The browsing materials are scattered and effectually hidden (and most irritating aspect of these we suspect sometimes stolen), and a book cited in class often negotiations was that I was never able to ascertain, with any degree finds its way to a desk or carrel for hours or even days at a of veracity, where, in fact, the time. check was. I did not knowwhether The selfish behavior of many students, though, is not it had been lost in the mails, the only cause ofthe library dilemma. It is too rare to see an whether it had even been sent, or, employee combing open tables for unshelved books or in fact, if a request for payment walking around floors four through six toreshelve materials had ever been received by brought up from the main reference areas. The library needs Sub-Board, the disbursing agency. either more money for more help, or more help from any More than two months current employees who do not now do their share of work. following theprogram, received a I Please, especially with the Desmond competition letter from the participating underway, be considerate of your fellow library user, fynd to attorney, who, no doubt the library: scour tables periodically or gripe to the concernedwith my feeble attempts appropriate parties until you get either more money or more at an explanation, requested workers. immediate payment and commented on the cavalier manner in which BALSA had handled the VolumeIS, Number 2 lIVI I October 17,1974 Editorsin-Chicf entire matter. A copy of the letter Vf|Ml Ray Bowie Kay Wigtil Guinane was also sent to Dean Schwartz. It took another month before it was Managing Editor: Matthew Leeds discovered that, contrary to Photography Editor: Terry Centner; Business Manager: Allan Information supplied by the Mantel; Alumni Editor: Earl Carrel. Treasurer, a form requesting payment had never been received Staff: lan DeWaal, Don Lohr, Louis Tarantino,Sue Smyntek, by Sub-Board, indicating, in the Eric Zaetsch, Jeff Chamberlain, Shelley Taylor Convissar, ). absence of any other explanation, Glenn Davis. that the Treasurer had never OPINION is published every two weeks, except for vacations, during submitted one. To this date, no the academic year. It Is the student newspaper of the Slate University explanation has been given for this of New York at Buffalo School of Law, |ohn Lord O'Braln Hall, negligence, nor has BALSA SIINY/B Amherst Campus, Buffalo, New York 14260. The views expressed In this paper are not necessarily those of the Editorial Board received an apology from the or Staff of OPINION. OPINION Is a non-profit organization. Third responsible official for the manner Class postage entered at Buffalo, New York. In which this issue washandled. Editorial policy of OPINION is determined collectively by the Editorial Library Dilemma flniniflll Board. OPINION Is funded by SBA from Student Law Fees. IT) contlnunl on page 5 �I * r ,1 MC i October 17,1974 \ OPINION Thus Spake. .. 3 In Contempt the GADFLY Howard Phillips Bootleg Public Policy by Shelley Taylor Convissar by theBuffaloChapter, National Lawyers Guild *C» by Ray Bowie "As the air is to a bird or the sea to a fish, so is contempt to the William Blake, Marriage ofHeavenand Hell On October 7th, before a large audience of In the context of.the local law school debate students and faculty, Howard Phillips, past Acting over the federal legal services corporationprompted I. The Gate Director of the Office of Economic Opportunity, by the address here last week by former OEO The Attica trials are set off from the rest of the Erie County spoke on what was billed as "left-wing radicalism in director Howard Phillips, the column "Bootleg Building by a heavily-guarded chain-link fence with a narrow gate federal legal services." In the course of his speech, it Public Policy," first published in Opinion last through which spectators are admitted one at a time. One's first became increasingly clear, however, that what he November,* is reprinted herein to provide the balance impression is that whoever is being tried in there must be very considered left-wing radicalism or, as he phrased it, so necessary to intellectuallyhonest presentationyet dangerous. the use of "oligarchial elitist power" for political so often locking withinacademic institutions. Being searched with a hand-held metal detector is a new purposes, was what the Congress charges as the duty experience for many law students. Certainly it produces different of legal services attorneys. Indeed, while Mr. Phillips, In historical retrospect, the supreme irony of feelings for most than does having to walk through a metal-detecting a non-lawyer, acted in the capacity of Director of' the Nixonian era may well be that while Nixon arch at an airport. Some people wonder, too, why the guards are OEO, he prohibited the legal servicesprograms from spokesmen were touring the country in 1972 writing down their names in a big book. Will good attendance in court fulfilling four of their statutory responsibilities. In denouncing "acid, amnesty, and abortion" among result in their getting good grades? a gold star? put on the mailing list particular, the charge to represent groups, to work the "radiclibs," federal attorneys were hard at work for some swell prize? for law reform, to educate the community and to promoting liberalized drug statutes, abortion rights, Today one of the guards tells us that thereis to be no standing up help develop the economic resources of the poor assistance to military dissenters,and the presidential a traditional gesture of respect in courtrooms for Attica Brothers were not the official goals of the federal legal ambitions of one George S. McGovern. as they enter, and especially no "hand salutes" in the form of fists. services organizations while under the control of Indeed, perhaps the most potent force for "Anybody makes any hand salute today," we are told, "we take them Howard Phillips. The only remaining charge, to give radical social change in America was that quietly right across the street and book them." high qualityrepresentation to the poor, was in effect welling up within the Administration itself, theOEO "What about standing up?" we ask; that is, is respect for the during his short term as the head of that Office of Legal Services, an activist octopus whose Attica Brothers legally contempt of the court? organization. Unfortunately, many believe that high tentacles have spread since its 1965 birth to "Take your chances if you want to," we are told. quality representation must necessarily Include encompass a national network of 260 programs, over community education, law ■ reform and the legal 2200 lawyers, 850 locations, and a budget of $71.5 11, Inside representation of groups which represent the poor. million in 1973. We have a few minutes to talkabout standing and "hand salutes." Lyndon's Baby The main thrust of Phillips' remarks were Sqme of the A.B.L.D. political staff people are inside already. They directed against what he saw as a dangerous lack of When founded in 1965 under the aegis of our were there the day before, when judge Ball gave a woman a heavy accountability within the structure of the federal Great Society, the OEO Legal Services program was warning about her fist. Apparently her name was written down in legal services program. He stated that legal services relatively restricted in its functions, operating under another, smallerbook. attorneys shouldbe accountable, notto theirclients, prohibitions against handling criminal cases, We decide we definitely will stand when the Brothers enter. but to the federal government and, ultimately, the representation of the "voluntarily poor," and Clenchedfists are up in theair, so to speak. taxpayer.One reason for thisneed for accountability engaging in political advocacy. While this is going on we are sitting in old, heavy probably oak was the alleged abuse of power by legal services Since then, the restrictions have remained on dark wooden chairs. The walls are panelled with squares of some organizations, in advocating only one side of paper, but as with so many Great Society ventures other, lighter, wood. The ceiling is high. Underfoot is a green carpet political issues. Despite the fact that in each case both welfaristand militarist, the program has greatly with a pattern of black wavy lines. The hanging fluorescent light mentioned the legal services attorneys were exceeded its envisioned scope, to the point whereits fixtures are incongruously modern. We hear the whine of the metal representing either clients or the broader interests of present record seems better characterized as breach detector it sounds something like a theremin hitting occasional indigents, Mr. Phillips argued that the federal of the original limitations than as adherence to them. higher notes when it finds the belt buckle or car keys (which were government should not subsidize "political" Conceived as a mechanism to assist the indigent supposed to be put on the table) of one of our friends. continued on page 6 movements, with legal, problems arising from accidents, divorces, ■ Examples of the so-called "political advocacy" contracts, and the like, Legal Services has instead included thecreation of welfare rights organizations, become a channel for the tunneling of public monies the support of tenants' unions, the class action into ideological legal crusades to "restructure" vast representation of the poor, test case litigation, briefs areas of public and private life. In such manner, it and research done for the Defunis case as well as the has used the U.S. Treasury to bankroll bootleg Detroit and Boston bussing cases, work against the public policy. by Jeff Chamberlain ToRestructure America quota systems in police and fire departments which "Two generations of idiotsis enough" disadvantage minorities and the poor, and even the Said Rep. Earl Landgrebe (R.-lnd.), a Oliver WendellHolmes, Jr. representation of prisoners. After all, Mr. Phillips conservative critic of the Legal Services operation: reasoned, it makes more sense to represent the "There is overwhelming evidence that the purpose of In every society with widespread literacy there are people writing unincarcerated poor than those in jail if we have the program is not its alleged goal of serving the all conceivable kinds of nonsense. Within the metaphysical body of limited resources. Clearly, in his definition of poor, but rather the promotion of a variety of (often metaphysical) literature known as "The Law" there exist political programs, and thus in his proposed leftist-socialist causes." enough examples of literary garbage to lead even the most casual limitations on the federal legal servicesprograms, Mr. Communist bogeymen have been frequent observer to conclude that we are, indeed, a highly literate society. Phillips-is a human "catch-22." As long as. the spectres of. America's collective nightmares, but if There are, for example, the statutes. In Kansas, under the heading representation of the poor is on a one-by-one basis, "socialism" here is to be understood as the extension of "Public Exhibition of Reptile Eating," it shallbe "unlawfulfor any any sort of ah exhibition that he believes it is both proper and necessary for legal of government intrusion into and control over the person to exhibit in a public way services employees to serve. However, once the private sector, then Rep. Landgrebe is indeed correct consists of eating, or pretending to eat, of snakes, lizards, scorpions, representation extends to cover more than one poor in his evaluation of the program's impact upon the centipedes, tarantulas, or other reptiles." Ignore for a moment the person at a time, as soon is it tends to make a nation. The effect of Legal Services activism has rathe/ arbitrary zoological classifications: I wonder if "mistake" would difference in the broader questions of each case, Mr. been to extend the over-all parameters of "public be a defense to a charge ofpretending to eat a tarantula? Phillips would label it "political advocacy." Not to be outdone, South Dakota contributes the following: a policy" so as to include within-its coercive sway Particularly objectionable to Mr. Phillips is the spheres which had previously been left to private criminal penalty for "any person who shall knowingly own, keep idea that legal services personnel could use their priorities or individual initiative, an effect which is control, have charge of, or manage any prairie schooner, covered "federal subsidies" in salary, travel and work commonly perceived in retrospect as the "growth of wagon or other vehicle which is used in whole or in part for the purposes of prostitution..." products, to lobby for legislative changes. Even government." Consider this outspokenly ambivalent abortion statute, from the though the present law would severely restrict that In a system of majoritarian democracy, the function to those instances in which legal services objection to this effect is less that it might institute Annotated Code of Mississippi, 1930 (italics added): "Every person any attorneys are requested by lawmakers to do so, socialism on the.sly, than that it represents the who shall administer to any woman pregnant with a quick child drug or substance whatever or shall use or employ any Phillips argues that the grant of that power alone achievement of public policy changes through medicine, thereby to destroy such child, threatens to give the federal government influence litigation rather than majority consent. In a instrument or other means with intent and shall thereby destroy it, shall be guilty fo manslaughter, unless the over state legislation. This disregards, however, the republican system, where the existence of same shall hove been advised by.a physician to be necessary for such true function of the federal legal services program: "inalienable" civil liberties prohibits theintrusion of purpose." defy anyone to concoct a coherent theory of legislative of the private sector, the I to effectively represent the interests of the poor. socialism into large areas intent for this jewel of statutory construction, or for the Minnesota While arguing for states' rights, Mr. Phillips would public policy changes effected by Legal Services statute which made it a "gross misdemeanor" for any person to have objectionable, they as both deny, to those who could not otherwise have it, a litigation are doubly avoid the democratic forum and intrude into the "oral information, stating when, where, how, of whom, or by what voice in the law-making process. means such article or medicine (for the prevention of conception] can Mr. Phillips argued also that his rights of free private sector. be obtained or who manufactures it..." Actions WithoutClients speech are violated by the federal subsidies of one In Delaware, "an aircraft flying over large.bodies of water shall be Writing back in the December 1971 Yale Law viewpoint, (that of the poor) which is liberal, since provided with adequate supply of food and potable water." Why there is no subsidy for his conservative views. It is, journal, Richard Blumenthal commented that not? And thean Wisconsin Legislature, never wishy-washy about however, neither the function nor the goal of legal "Legal Services attorneys have been known to place problems of political graft and corruption, simply madeit a felony for that are of less priority on some issues services attorneys to advocate particular views, a higher its members to engage in "logrolling." Why didn't Huey Long think of political or otherwise. It is their goal, it is their duty, concern to the client community than to themselves complaints about that? ( T)here possible. increasing It have been to represent the indigent in the best way Judicial opinions, too, are a veritable trove of logomania. As we all to launch sweeping is this goal which distinguishes Phillips' so called attorneys who 'exploit' clients individuals may be know, buried in some opinions are the legal maxims of undying truth "political advocacy" from high quality law reform actions when the solutions which mark the substantial justice and enduring beauty of the their to representation. It is this goal which justifies the seeking much more limited this illustrate the common law. Thus, in Bradshaw v. People, 153 111. 156, 160, 38 N.E. The mechanics of present functioning of the federal legal services problems 652 (1894), the court gave judicial recognition t»the well-known and policy. program throughout the country as well as the process of bootlegging public continued onpage 6 on page 6 continued continued on page 6 - — — . - — . , . — — END OF THE BAR Cheap Shots . . . ..." - �Page four - Cent r Chief Judge Charles D. Breitel of State Court of Appeals addresses packed Moot Courtroom on topic of "Selection and Disciplining of Judges." Breitel Proposes continued from page I . "Judges must be independent, unafraid" Breitel said. He thus suggested that appropriate methods of both election and discipline of judges were necessary to maintain "the American judicial branch of government [that] occupies a unique role in standing between the October 17,1974 OPINION Sea Grant Project To Fund Research A Department of Commerce Sea Grant research project, obtained recently by Profs. Robert Reis and Milton Kaplan, is being initiated this fall as "a mechanism for involving law students" in problems of coastal law. The project, entitled a "legal traineeship program" and jointly funded by Sea Grant and the Law School, is tentatively planned to provide ten $1400 summer research stipends to be awarded to students selected this spring on the basis of a problem-solving competition. Though Prof. Reis has been involved in Sea Grant research projects each year over the past three years, the traineeship program will be the first open to law student involvement, which was the specific intent of the two faculty proposers who noted the School's "extensive and growing program in state and local government law, particularly of environmentalcontent." Objectives of the project include identification of legal issues raised in creating coastal zones, research on specific legal problems confronting New York State, development of teaching materials for courses in coastal zone management, sponsorship of seminars and conferences in that area, and legislative Spanogle by lan DeWaal will form the basis for a conference of participants and government officials. grant The results of the summer research will be woven into Prof. Reis' seminar on Problems of Environmental Quality in the fall of 1975, with-an eye to designing further research projects and introducing a new group of students to the project. Opportunities for legislative drafting will be provided at this point to the Buffalo Legislative Project. The spring competition will, noted Prof. Reis, be judged entirely on the merits of the problem-solving research, and no prior course preparation will be required. For the one-yearprogram, Sea Grant is funding $27,908, and the Law School $18,533, for a total budget of $46,44). Testifies On State Banking individual and the power of the State." John A. Spanogle, Jr., visiting New York State's system has assumed the challenge by providing a professor of law at the Law School, Court on the Judiciary consisting of judges, lawyers and laymen that testified before the New York can be used to investigate and punish sitting judges accused of State Senate Committee on Banks misconduct. last Wednesday. The committee, Judge Breitel revealed that he had initiated the machinery of the which is holding hearings on the committee in September, ordering the panel to consider two current New York State Financial Reform cases. He said that this personal action was the first of its kind by a Act, convened in the main hearing chief judge. room of the General Donovan The Chief Judge also criticized the lack of a unified New York State Office Building. State court system as provided for in the State Constitution. He attacked the current court structure as a "disorganized, decentralized Mr. Spanogle last yearserved as system with no parametal line of organization within the State." the chairman of the Governor's Judge Breitel also revealed that he believes that the problem of Banking Study Advisory incompetent or corrupt judges is more severe in New York City than in Committee in Maine. That other parts of the State. He attributed this situation primarily to the greater familiarity of upstate voters with their local: candidates in smallercommunities. Turn Of The Screw drafting for needed lawreform. Preliminary law student research will probably begin next spring with the competition and selection of a groupof upper class law students to organize the areas of research. Intensive research will proceed over the summer when the faculty and stipended students will prepare reports on critical legal problems of coastal zone management, which reports committee studied the effects of for thrift institutions and credit similar legislation in Maine on the unions, andinterstate banking. financial structure and the In addition to appearing before availability ofcredit resources. the new York State committee, Mr. Spanogle was also invited totestify TheNew York State Committee last month (September 25) before on Banks invited Mr. Spanogle to the Subcommittee on Financial testify about the results of the Institutions of the Senate Maine study in areas that closely Committee on Banking, Housing resemble those under and Urban Affairs. That group is consideration in the Financial holding hearings on the federal Reform Act. These include aspects of the same subject matter. expanded depository powers for Mr. Spanogle is currently on thrift institutions and commercial leave from the University of Maine banks, expanded lending powers Law School. Fleming Memo Lists Necessary Course Needs At the direction of APPC, Assistant DeanRobert Fleming has prepared and distributed to the faculty his assessment of the Law School's most critical "teaching-recruiting-course"needs for 1975-76. The list of course needs, derived in consultation with the APPC general curriculum subcommittee and the Provost, was presented by Mr. Fleming as including Scholar Incentive awards are now being received. If you do not hear from the Regents Examination and Scholarship Center in the next few weeks, please write to them at 99 Washington Avenue, Albany, New York 12210 and ask them to trace your application. Include your SI Identification number. If youhave been denied emancipation status because you declared an emancipation date between January 1, 1973 and September 1, 1973, please leave your name and address at my office: 303 O'Brian Hall. The final deadline for adding courses is fast approaching. No course can be added after today. Please be sure to verify that you have a final registration card in your possession thatlists all the courses for which you believe you are registered. If you do not have a complete class registration card, please see Charles Wallin, 314 O'Brian Hall bySueSmyntek before the close of school today. No one will be permitted to retroactively add courses for any total of 295 students, selected A reason after this date! from 2700 applicants, makeup the 1974 first-year class of the Buffalo Several inquiries have been directed to me concerning the National Law School. Direct Student Loan Checks. These checks have been arriving in the Office of Student Accounts, 1 Hayes A (831-2041). Please call them The make-up of this first-year periodically and identify yourself as a law student before asking if class is comparable to that of the yourcheck has arrived. second-year, both having an equal number of students, with well over Some confusion over the scheduling of the Veterans Day holiday 90% from New York State. may have arisen. The Law School will be closed after the conclusion of Approximately 25% ofeach classis classes Saturday morning October 26 through Monday October 28. composed of women. The number The University will not be closed for classes on November 11. of minority students in each class, however, differs significantly. Now that you have had a chance to look over the Student There are 29 minotity students in' Handbook (which is still available at the Admissions Office, 304 the second-year class compared O'Brian Hall, it would be helpful if you could directany comments on with 16 in the first-year class. the pamphlet my way. Please let me know if anything was included According to Professor Robert which you feel was not necessary and conversely, if anything was Fleming, chairperson of last year's which would be you think omitted useful. admissions committee, admissions procedure, commercial law, labor The areas cited were described law, corporate law (including by Mr. Fleming as those "necessary securities regulation), and property to meet what everyone would as a general category (including regard as requirements for a proper gratuitous transfers and land professional program, not as transactions). elements that it would merely be Mr. Fleming noted that the list desirable to add to the program." was not a final determination, but Most often mentioned in the rather sub feet to various desirable category, he added, is contingencies, particularly international private law, including whether teachers now on leave will tax and commercial transactions. return. Admissions Statistics Disclosed policy aimed at securing a class of is not reflective of admissions 300 students, including 35 policy, according to Mr. Fleming, minority students and 85 but is the result of "interesting" students, or individuals with such outstanding characteristics as unique job experience, advanced degrees, or special skills. The remainder were to be selected on the basis of grade point average (GPA) and LSAT scores. In fact, however, the first year class is composed of 16 minority students and 33 "interesting" students, leaving a balance of well over 80% of the classadmitted on the basis of an index computation of GPAand LSAT score. The number of minority students in this first-year class is nearly 50% lower than that of both second-and third-year classes.This the Law School's inability to insure financial assistance to minority students for all three years,which it was formerly able todo. The Law School accepted 38% of the total number of women applicants, compared with 34% of the men. Since women and men were judgedby the samestandards, Mr. Fleming stated that these percentages imply that the women■ have somewhat better credentials. Changes in admissions policy are being considered under the guidance of Mark Galanter, this year's admissions committee chairperson. The nature and extent of any changes,however, are as yet undisclosed. �October 17,1974 OPINION 5 Dean's Response to Open Letter Former OEO Director Hits Activism continued from page J and that in Congress, they perform legislative research for favored politicians and attempt to influence Congressional votes. "The organizational structure of legal services," he continued, "leavesit open to such abuses." As the legal services attorney receives a guaranteed amount of income, Phillips argued, he need not please his client and indeed has freedom to choose those clients who provide the best opportunities to achieve political objectives. He objected to "money appropriated by Congress under the guise of helping the poor instead being used to assist political development, group representation, and law reform," the latter being the one he termed "the most pompous and outrageous goal" as it allegedly allowed legal services attorneys to determine public policy on their own. Philosophically, Phillips explained that he found that "all unaccountable concentrations of power are threats to liberty," whether one agrees with their goals or not. "It can be done by devils or by saints," he added, "but in my view, such would be a questionable delegation of power." The real issue involved in legal services,he continued,is that "there litigants." is an establishment of secular religion, funding some The result has been, he concluded, that while people to advance their political philosophy, which the persons sued by legal services must fund their now offends conservatives but may someday offend own defense, federal legal services "has been in the liberals." forefront of every leftist political movement of the As an to the new legal services last decade," even to the point of creating political corporation,alternative which he said only ratifies tfieabuses of parties. the former organization, Phillips preferred to vest Particular goals, which Phillips said were sought power in the individual poor person by means of a by legal services both before and after his tenure, voucher system, which would provide the element of were "advancement of public education, economic accountability now claimed to be missing. Our Kafkaesque SBA continued from page 2 The failure of the Treasurer to carry out the duties of her office reflect poorlyon BALSA and upon the entirelaw school. Many strides have been made to elevate this school into a position of prominence and excellence among the law schools throughout the country. The efforts by the administration to, in a manner of speaking, put this school on the legal map, should not be hindered by lackadaisical and incompetent performances by those of the student body who hold sensitive positions. Responding to an open letter from some student leaders critical of the Law School's long-range plans, Dean Richard Schwartz has expressed "surprise and in a way disappointment that negative student comments were so delayed." "It is fine for students to get involved in these issues even at this late date," Schwartz said in an interviewlast week. But, he added, "machinery for student-faculty dialogue" exists in almost all Law School committees and thatstudentcomment and help could have been injected into the Long Range Planning Committee ideas earlier in the planning stages. All programs, Schwartz said, are considered and passed on by committees that include student membership. Schwartz also took issue with Hie letter's allegation that traditionalresources of the law school were being seriously depleted in favor of special programs. The programs that have been criticized, the Criminal Justice Program and Hie Simulated Law Firms, are in fact fundedfrom outside grants, the Dean said. Further, the Dean suggested that dieprograms thatdrew criticism, if successful, would provide "evidence u> show others and back the case for newresources," from the University budget. "If the evidence of success isn't there," he added, "such pilot programs will not become part of theregular program of theSchool." Comparative Law Assoc. Meets at Law School Although this maybe the most The first major meeting of a glaring example, it is not an national legal organization to be isolated occurrence. BALSA has hosted by Buffalo Law School was constantly had difficulty securing held the weekend of October 5, funds which have already been leaving distinguished law allocated to the organization. The professors from all parts of the fact that.such incidents may be country praising the law school, viewed, by future participants, as according to Prof. Joseph Laufer. evidence of BALSA's unreliability, bodes ill for any programs we may Prof. Laufer, who arranged the wish to sponsor in the future. If the meeting of the directors and Rules For Sign Posting might bode well forthe burgeoning reputation ofme lawschool. In the near future, the The visitors thought that the Administration will promulgate law school was "thegreatest ever," regulations controlling the nature Prof. Laufer said. "They were and extent of the posting of signs especially impressed with the of any kind throughout JohnLord library,"he added. O'Brian Hall. The foundation of Other faculty from the school the regulations in the form of present were Professors Adolf proposed regulations b posted on Homburger, Thomas Buergenthal the S.B.A. Bulletin Board on the and Dean Richard Schwartz. Fifth Floor. If any studenthasany members of the American The activities of the 35 comment u> make or any changes, treasurer finds the responsibilities Association for the Comparative professors attending the meeting whether deletions or additions, to of the position an undue burden, Study ofLawand the editorsof the included luncheons, dinners, suggest, please deposit same in the an immediate resignation is in American Journal of Comparative organizational meetings, and mailboX of President Don Lohr in order. Law, indicated mat the admiration sightseeingin the area. *c S.B.A. Office post haste. present occupant of the office of Contrary to popular Opinion this newspaper does not appear by magic. That's unfortunate for us, and you. For five miserable days every two weeks we have to put up with a managing editor who's got a permanent case of mononucleosis from spending his nights poring over layouts and scrawled copy. And an editor who forgot how to smile sometime back in 1973 because his face froze into a permanent line of concentration. There is still some life in the eyes, an occasional flicker of wonderment at such questions as 'headlines do you have any?' — Frankly, we get bored. There are only so many ways of translating scrawls, so many questions you can ask, and so many jokes you can crack to the same faces. It's beginning to affect the other work we do. We have become suspicious of law students in general when they come in for resumes. Are- you all dull, boring and overworked? Or apathetic, maybe? Please help save the sanity of the University Press staff. Change your Opinion, and ours. We'll make it easy for you to doboth. Every law student who helps improve the Opinion by becoming a staff member will receive a 10% discount on a resume or personal printing at Press. For all you others, well, hello. �6 Thus Spake - continued October 17,1974 OPINION .. from page 3 Congressional guidelines which sanction them. Indeed, it might well be a denial of free speech for the poor were there not a legal services corporation or its equivalent. Mr. Phillips, who calls himself a "Jeffersonian" believes there should be no subsidies for any political point of view. But by his own definition of "political," the poor would then have no effective representation at all. The Gadfly continued from page 3 Being on the federal payroll and hence not subject to fee pressures, Legal Services attorneys have been freer than private practice lawyers to devote their time and energies to promotion of their personal political priorities rather than meeting client demand. In practice, this often means that the Legal Services attorney decides which clients and what causes shall gain attention, a decision generally having more to do with the attorney's political objectives thanwith the merit of the client's case. The basic tool of these public policy litigators, the "sweeping law reform actions" cited by Blumenthal, Is the classaction suit, for which Legal Service attorneys have proven all too willing to sacrifice the traditional individual case servicewhich aids clients on a one-to-one basis. According to Harry Brill, a research sociologist working for a San Francisco Legal Services office, "at least several hundred individual client cases were traded off for each class action suit," a situation hardly envisioned by those who established the OEO operation to aid the indigenton an individual basis. Conservatives have long objected to "class actions" on public policy grounds, arguing that public policy ought to be determined in the public scrutiny of the legislative forum rather than in the closed proceedings of the courtroom, where few citizens grasp the significance of the proceedings and even fewer the portentous result. Liberals, rmanwhile. are_ heyinninn tn <ii«n«-i that th» interests of indigent clients are being harmed by the Legal Services mania for public policy objectives, often to the point where the clientis sought out and encouraged to sue just to dovetail with the class action objective. From either the liberal or conservative perspective, it would seem that the result of Legal Services is the same: a political program for poverty lawyers instead of a poverty program for the poor. A Vested Interest Back in May of 1973, Senators Brock (R. Term.) and Helms (R.-N.C.) introduced an alternative legal services proposal which would allow existing state agencies to establish the legal aid program, empower the state bar association to administer it, and establish a voucher payment system that would permit indigent clients to select their own private attorneys. The voucher system would appear a particularly effective means of cracking the legal services monopoly and breaking the stranglehold elitist legal services attorneys presently exercise over the program. Despite the range of alternatives and the rising wave of criticism, the legal establishment remains firmly committed lo the "services monopoly" concept, with the American Bar Association defending the class action approach and the usual welfare-state politicians lauding the public policy objectives sought. The same forces, noticeably, are opposed to the "Judicare" or decentralized voucher alternatives, simply because neither lends itself to litigation for public policy ends. During a period in which Americans are becoming, alarmed over revelations of the extent to which special interesdfroups are influencingnational policies, it is indeed shameful to find the legal profession at the head of the pack trying to cement this service monopoly .lot only over the poor but over the entire field of public policy as well. Given the inextricable connectionof law and public policy, the latter is simply too important to be relegated to a legal elite, particularly one thatviews litigation as a short-cut to political power. Toallow such is to issue a standing invitation to another Watergate. In Contempt End of the Bar continued from page 3 111. The Judge continued from page 3 A man in a shapeless grey uniform calls out "Part Three, Part Three" several times. It is remarked that he looks like a character in a Kafka story, whose name no one can remember. Then he says, "Judge of the Court All Rise Honorable Carmen F. Ball presiding." We rise. Judge Ball comes in and sits down. We sit down. We look at him sternly. He looks at us sternly. He sayshe doesn't want any misunderstandings. We don't say - - anything. « He will allow us, he says, to rise, if we wish, when defendants enter. But when they reach the defense table we must sit down again. If anybody makes a clenched-fist hand salute, she or he will be cited for contempt. Do we understand? We understand plenty. We sit still. He busies himself with some preliminary paper-shuffling. IV. Baba The reason we have come today is to see an Attica Brother named Baba arrive in court. He has had numerous disputes with the sheriff's office about whether or not he shouldhave his hands handcuffed behind his back when he is being brought from the Erie County Holding Center to court. He is pro se; thai is, serving as his own lawyer, and he says he can't carry his legal papers to court if his hands are behind his back. He doesn't trust anybody else, that is, a guard, to carry them. Also he says it's always possible that he might "trip and fall,"and be unable to protect himself from the impact. He wants tobe handcuffed in front. Judge Ball hasrefused to order that this be done. So today Baba has refused to come to court. The last time thiskind of thinghappened a number of the Brothers were beaten by the guards. Judge Ball has ordered that Baba be brought in with the handcuffs in back, put there with whatever degree of force is necessary. Soon Baba arrives. It looks like he has won out; he does not appear cut or bruised and thehandcuffs are in front. This becomes obvious when he raises both fists, chained together, over his head. He is looking at us. We are standing up. Except for one young man who goes undetected there are no fists raised by spectators. Judge Ball looksrelieved. The calendarcall procedure begins. - V. Back to the street As we leave, a woman whois there for the first time says she never knew before how powerful the clenched fist is it can get Judge Ball to put you in jail, if he sees it. As we reach the street she suggests that he may, subconsciously, have fears associated with this symbol. - Postscript: It is the Guildposition that these trials are very educational. Come to court. Come often. Support the Attica Brothers. Orientation. universally accepted presumption of female chastity, noting that "Fortunately, in our country, an unchaste female is comparatively a rare exception to the generalrule ..." Delightful. Some judges are frustrated novelists or poets. One, a realist no doubt, noted in Rochin v. Calif., 342 U.S. 165, that "Illegally breaking into the privacy of petitioner, the struggle to openhis mouth and remove what was there, the forcible extraction of his stomach's contents thiscourse of proceeding by agents of government to obtain evidence is bound to offend even hardened sensibilities." A master of the art of understatement; and an astute reader can get some indication even from this brief excerpt of how the case was eventually decided. Another eminent jurist, whose phrase "bleached and putrescent corpse" indicates some affinity with Edgar Allen Poe, had apparently just come from a concert of Stephen Foster favorites when he wrote this stirring opening paragraph in Crews v. U.S., 160 F. 2d 746 (sth cir. 1947): "The beautiful Suwannee River themention of which callsto memory a plaintive melody of strumming banjos, humming bees, childhood's playful hours, a hut among the bushesand a longing to go back where the old folks stay was the scene of the crueland revolting crime that provoked the gesture of dealingout justice that is this caie." Note the clever use of sarcasm and classical literary irony, as this writer carries along the reader on the lyrical metre of his prose before arriving, quite unexpectedly, at the final, eschatological "gottchal" The case of Cordas v. Peerless Transp. Co., 27 N V S 2d 198 (1941), has it all, from alliteration ("the convincing cant of the criminal"), through scholarly references (Scylla, Chapybdis, Horatio, rfamlet, Macbeth, MacDuff, Duncan), to a citation of the "Almighty Law-giver," the "supernal judge who sits on high." Now that's authority. Included in the opinion is a sterling paean to masculinity, in which thelearned judge notes that some male stalwarts "Outstare the sternest eyes that look, outbrave the heart most daring on the earth, pluck the young sucking cubs from the she-bear, yes, mock the lion when he rears for prey to win a fair lady and these are the admiration of the generality of men." And I doubt that most of us could even ask for a date without offending someone's feminist sensibilities. —FftraHy, I refer you to the recent case of/WterST" Levy, decided by the Supreme Court on June 19, t974 (docket no. 73-206), and especially to the concurring opinion of Mr. Justice Blackmun. Blackmun accuses "my Brother jtewart" (who dissented) of laboring under a "judicial fantasy," that an "average soldier or sailor would not reasonably expect... to suffer military reprimand or punishment for engaging in sexual acts with a chicken." He finishes with a strident defense of - - - - . . In Retrospect continued on page 7 Neophyte professional students (above) listened in awe back in September to the presumably' sage advice of Law School powers and potentates (below). Awe has since been replaced by the methodological skepticism of the Socratlc method. The powers and potentates presumably remain, the first cf many to be encountered in the course of professional life. �October 17,1974 OPINION 7 SCORECARD... GRADING RANGES SPRING SEMESTER ELECTIVES 1973 -1974 Property Reis Greiner Goldstein - Joyce . H* - ---- Constitutional Law I Newhouse Hyman 2 Federal Tax I Joyce Administrative Law Boyer Administrative Law Gifford CollectiveBargaining Atleson Int'l Protection of Human Rights Buergenthal Conflict of Laws Holley H Q D 14 8 16 22 49 36 63 59 >? g 8 7 8 31 -19 108 39 22 29 4 7 3 5 1 ■-,, Constitutional Law II Mann Intro to Int'l Law r Galanter Criminal Procedure Burns Criminal Procedure H.Schwartz Corporations Zimmermann Evidence Gordon Family Law Swartz Gratuitous Transfers Mugel Labor Law Kochery Federal Tax II DelCotto Government& Land Reis Government & Land Kaplan Civil Law Clinic I Rosenberg Civil Law Clinic II Rosenberg New York Practice Homburger Commercial Trans. I Schlegel Social Legislation Davidson Trial Technique Staff Data Banks & Privacy McCarty Lawyers Role in Negotiations Atleson Civil Procedure II Kochery Secured Transactions 15 10 37 1 18 31 - 22 63 1 37 91 13 - Regulation of advertising Goldstein JudicialProcess Schfegel ConsumerProtection Systems R. Gordon 17 1 1 -- 150 115 - 4 1 9 AdministrativeDiscretion Gifford - 55 g 14 34 58 50 H» Desmond Dev. of Marxist Legal Theory Franklin 3 Equal Rights Amendment ' Girth Current Issues in the Constitution Harring Legal Problems of Public Schools 187 Crime.A Community 22 3 38 12 54 9 6 33 3 35 15 63 15 5 27 1. .5 6 9 10 117 4 11 - 3 11 1 36 36 14 16 7 5 - - 14 7 3 - 70 5 77 - 42 105 - 78 52 - - 15 33 1 2 8 1 16 - 4 - - - 16 10 18 39 60 1 17 " 15 18 73 30 12 69 78 ~>3 Galanter *"v. -Decision Tech. & Law McCarty Problems of CorrectionalLitigation H.Schwartz Comp. Systems for Auto Accidents Laufer _ ->i 21 ■> 2 - - 21 7 5 6 31 9 24 7 23 9 26 5 24 13 15 - 2 34 1 35 31 - 28 - 1974 H Q D 6 14 F 14 8 3 1 _ _- TotalGraded 1 21 - 12 11 - 3 6 14 1 2 22 4 7 - 2 3 2 - 1 6 9 4 7 4 3 1 34 2 2 - 12 37 1 7 - 40 - 1 - Kaplan Comp. Env. Planning & Devel. Magavern Law & Development 1 ■ - 25 4 - 19 15 10 1 6 2 1 25 - 11 7 - 1 15 - 12 9 . GRADING RANGES SUMMER SESSION 1974 _ __ __ H* Contracts Fleming Federal Tax I Joyce ConstitutionalLaw I Newhouse Constitutional Law II _~ Hyman Family Law Swartz Land Transactions Reis New York Practice - Homburger Q „„ 28 Katz Adv. Problems in Crim. Proc. Birzon Municipal Law 145 -28--'10 28 -- Appellate Practice 8 1 12 GRADING RANGES SPRING SEMESTER SEMINARS 1973 58 11 - 1 M.Gordon 63 — _ -' 10 : R.Gordon The Legal Process Mazor Law & ThePoor 7 .-;.■- ,r 72 53 87 84 Hyman Injuries to Relational Interests Harring English Law Background 92 32 * DelCotto Arbitration TotalGraded Newhouse Taxation of Foreign Income Davidson 15 1 Girth 12 1 1 '>..'' '., 2 ' Buergenthal Legal Process _ 11 39 19 Boyer CorporateReorganization & Division F 84" TO 15 Products Liability Commercial Trans. I Schlegel Civil Rights Mann 1 ki 61 H _ Q D Total Graded .. 4 25 38 9 3 13 - 5 20 2 2 19 1 6 19 3 15 10 F 3 - - - should be typed double-space with margins set at 70 characters. For each issue, a publication schedule will be posted on the bulletin board outside the Opinion office, room 623, which schedule will .set forth the deadlines for particular assignments. Deadlines for submission of copy will be posted in prominent places throughout the building. , No guarantee.can or will be made as to the acceptability oflate copy. , Bar the of End Footloose moralhorlzonstV.W I 27 22 25 21 5 - f3 21 5 4 41 The-Great-And-True-Virtues-Which-Have-Made-OurCountry -Great, included in which is the Mixed Metaphor of the month: "Relativistic notions of rightand wrong, or situation ethics, as some call it, have achieved in recent times a disturbinglyhigh level of prominence in this country, both in the guise of law reform, and as a justification of conduct that persons would normally eschew as immoral and even illegal. The truth is that the moral horizons of the American people are not footloose - 16 8 continued from page 6 OPINION CONTRIBUTION PROCEDURE Articles, letters or reports submitted for publication in Opinion 4 72 > �October 17,1974 OPINION 8 Faculty-student FIRST YEAR DIRECTORS LAUD COMMUNICATION First-year SBA __ Directors: (L to R) Kandace Foust, Warren Alcock, Debra by Louise .._Tarantino Winthrop, Clifford Solomon, Mary Engler. Communication seems to be a focal concern of the newly elected first year directors of the Student Bar Association (SBA), as indicated in interviews with Opinion. l_ C I _* The six representatives chosen in the October 2nd election are Warren Alcock, Mary Engler, Kandace Foust, J. Michael Kilburn, Clifford Solomon and Debra Winthrop. The new directors expressed concern over an apparent lack of communication between students and faculty, and among the students themselves. "It's important to have a working relation with faculty and students," remarked Clifford Soloman, "and I regarded involvement in SBA as a good means of opening channels of communication between the two." - Cent r — Cent r Committee Openings byDon.Lohr According to the By-Laws and Standing Orders of the Faculty of Law and Jurisprudence of the State University of New York at Buffalo, the policy and program setting functions of the Law School generally resides in the full faculty. For this reason, the work of the respective faculty committees is of great importance. Fortunately, and much to the credit of this Law School, student participation in the committee system is permitted, if not openly encouraged. In this fashion, effective students are given the opportunity to exercise considerable influence on the decisions that will affect the nature and ultimate,direction of the Law School. Presently, according to the Student Bar Association Constitution, students are appointed to the committees by the President with the approval of the Board of Directors. Any student interested in serving as a student representative to any of the committees listed below should submit a letter of intent to the S.B.A. President as soon as possible. Such letter should set out the committee appointment desired and any reasons therefore as well as any experience in a. similar capacity or general qualifications. Vacancies currently exist on the following committees (for further details refer to the Student Handbook, p. 37): Academic Policy and Program Committee Admissions Committee Appointments Committee Budget and Program Review Committee Library Committee Long-Range Planning Committee Minority Student Affairs Committee Placement Committee As a precautionary warning, these positions are of a serious nature and to discharge the functions thereof properly requires a commensurate amount of time and dedication. In addition, any student interested in working with the faculty members directing theprograms listed below should contact in writing the S.B.A. President as soon as possible. Building (John Lord O'Brian Hall) International Legal Studies Mitchell Lecture Research and Special Programs LRPC Plans Report The status of the Law Library was among the topics discussed at the October 2 meeting of theLong Range Planning Committee. The library is presently faced with a shortage of funds. It is hoped an appeal to the monetary sources will alleviate the situation. Due dates for drafts of the remaining chapters of the Long range Plan were scheduled. The draft of the chapter entitled The Quality ofStudent Life was settor Wednesday, October 30. STUDENT INPUT IS ESSENTIAL!!! Thisis an excellent opportunity to make your views known to the faculty. Suggestions and comments may be placed in the SBA Office in the name of the student representative, Bari Schulman. Another representative, Mary Engler, hopes to attain a better contact with the Association of Women Law Students and the SBA. "I would like to act as a bridge, as a sort of go-between, for women in Ist Year Director ). Michael Kilburn the first yearclass and the SBA," she said. "I'm also striving to get things done that people usually just "I hope to produce more effective talk about and informing the students about what is representation by encouraging greater feedback from happening," Engler added. the students," noted Debra Winthrop. "My main objective is to talk with students, learnhow they feel on certain issues and present the majority opinion to continued from page 1 SBA," sheadded. time due to administrative November 23, endingin theannual Michael Kilburn suggested this feedback might difficulties. Candidates for Moot Moot Courtbanquet. be implemented by an open forum discussion session Court Board are selected each year Senior Moot Court Board with the six directors and members of the first year on the basis of combined briefand members this year are: Dan class. oral argument scores in the MacDonald, chairperson; Carl According to Solomon, "Increasing student Desmond Competition, judges for Howard, Vice Chairperson; Don interest in the school and administration leads to which are local attorneys, judges, Bergevin, Ray Bowie, Paul Crapsi, increased student involvement." Briefs are due from Gabe Ferber, Pat Gaura, Carl In addition to the six first year representatives, a and faculty. competitors on November 8; Goldfield, Eileen Greenbaum,Paul second year director, Cynthia Falk, was elected to a practice rounds will be held Groschadl, Linda Meary, Mark vacant second-year director seat. J. Glenn Davis and November 13 and 14; and Hellerer,Ben Idziak, Tom Lochner, Bruce Koren, the latter a write-in candidate, won elimination rounds will take place Sandy Present, Scott Slesinger, election to the Faculty-Student Relations Board. from November 19 through Pearl Tom, and Barbara Willis. The October 2 elections saw less thanone-third first-year of the class and of (91) one-quarter (70) the second-year class cast ballots. Only eight third-year students voted in the FSRB election, the only one in which they could participate. "It i* not the victories - Cent r 2nd Year Director Cynthia Falk. Some of the things the first year directors would like to get done include changes in exam scheduling, initiation of a day care center, and better lighting in campus parking lots. They also displayed a desire to make the workings of SBA known to the students, to "demythify its workings and make its functions and capabilities open and evident to the student body," according to Engler. The directors said they hope to accomplish this information flow through direct involvement with the first year students. Desmond Begins , strengthen us." - Author unknown BBIHnNMHB Greg Fabianski 360 Delaware Avenue Buffalo, New York 14202 Telephone: 854-1846 Connecticut Mutual Life • THE BLUE CHIP COMPANY SINCE 1846 FSRB representative Bruce Koren � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-10-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/17/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/3079913b874b8a9faedd85b29e1d9716.pdf 3a758cc65b013373cd2d413f6b9cba59 PDF Text Text Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 Opinion Opinion Volume 15, Number 1 John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 State University of New York at Buffalo School of Law Fahringer Advises On Sentencing Techniques October 2,1974 Students Send Open Letter On Priorities To Faculty Prompted by the coming In contrast, the signatories International Law, Criminal Law consideration of the Law School's noted "theplight" ofstudents who and Procedure, andState and Local Master Plan, a document outlining had been closed out of key Government. Otherproposals were development its over the course of the decade, a group of students, citing their "involvement in the academicand administrativeaffairs of the Law School," have issued an open letter to the faculty expressing reservations as to certain current directions of the School and suggesting other academic priorities. Signing the letter as individuals rather than as representatives of student organizations, the students Ray Bowie, Don Lohr, Ben Idziak, lan DeWaal, Dan Mac Donald, John Mendenhall, and Mark Linneman began by noting "a substantial diversion of the School's resources, both material and personnel, into two new clinical programs," which they feared would demand an even greater budgetary commitment once the current outside funding grants expire in a few years. The clinical programs cited were the SLF's and the Criminal Justice - - Fahringer addresses first DVF audience of the year. professional courses and "the for linking seminars to such complaint" that course offerings sequences, for prompt replacement were becoming "too few, too of faculty on leaveor sabbatical by unrelated both to one anotherand visiting appointments designed to to professional career goals, and fill any resulting program gaps, and too esnleric."Theletter concluded for the Law School to refrain from that increasing numbers of students were "being denied opportunities in widely-practiced professional areas" while fewerand fewer students were being accommodated in expensiveclinics and seminars. The signatories stressed, however, that the purpose of the open letter was less to criticize an imbalance than to suggest certain measures to strengthen the professional program. Among six specific suggestions, the letter proposed the establishment of sequences or tracks of courses in "areas where the Law School presently offers multiple electives," so that the completion of such a sequence might possibly lead to a formal "concentration" on the diploma. Areas suggested for tracks were Tax, Labor Law, Commercial and Business Law, Constitutional Law, further commitment of faculty lines to specifically interdisciplinarycourses. The students advocated that a strong professional program be the first priority recognized by the Master Plan and that present budgetary resources be devoted to remedying deficiencies in the professional program. The first faculty consideration of the MasterPlan, consisting now of a set of recommendations approved by the Long-Range Planning Committee, took place last Saturday at a special day-long meeting occurring as this issue went to press. Further meetings on the subject were expected before the Master Plan's finalratification. The text of the open letter is published on page three of this issue. Herald Price Fahringer, noted Buffalo criminal defense attorney, addressed a Moot Court audience on the subject of sentencing on September 16 at the invitation of Distinguished Visitors Forum, SBA's speaker bureau. The Fahringer lecture marked the first presentation this year by the DVF, which is directed by Ray Bowie and Sue Silber. SpecialistProgram. Mr. Fahringer began his presentation, which was devoted largely to the question of techniques,by noting that "an attorney's greatest challenge is when called upon to defend a criminal defendant in a sentencing proceeding," for the person's life is literally in his counsel's hands. Since large numbers of criminal defendants are financially compelled to dispose of their cases other than by trial, "the sentencing process achieves paramount importance" and with it, the presentence pleading. Chief judge Charles D. Breitel In addressing the practical rather than legal aspects of sentencing, Mr. Fahringer stated that in as much as probation agencies of the New York Court of Appeals will deliver an address in the Moot are overworked, his firm often finds it helpful to prepare its own Courtroom tomorrow afternoon at probationary report to the sentencing judge, presenting the most favorable picture of the client possible. He advised that the sentencing 3:00 on the subject of "Court Selection and Disciplining Reform: judge be given information on the client relating to family ties, achievements, civic involvements, and any mitigating factors in his of Judges." Faculty, students, and have been invited to attend. background. Such information often, he said, is revealed by the client guests Judge Breitel, in the Buffalo only after intensive interviewing, and sometimes clients are reluctant area for tomorrow's dedication of to divulge facts that might make the difference between a light or the new City Court building, will harsh sentence. Mr. Fahringer advised that a defense attorney owed it to the be appearing at the Law School tomorrow afternoon at the client to probe even the most squalid of circumstances, as it can be invitation of the Distinguished argued that the defendant was trapped by such brutal conditions yet Visitor's Forum, SBA's guest sought theremedial assistance of social agencies. lecturer bureau. He last visited the Defense counsel should also secure the defendant's official School a year ago in the course of record, attaching to it his own explanations or accounts of mitigating his 1973 campaign for the office of factors. Characterreference letters from respectable persons mayalso, Chief Judge of the state's highest Fahringer said, be of assistance here, as might even be a lie detector court. Judge Breitel when he spoke at the school last year. test to attest to defendant's sincerity with reference to past A Columbia Law graduate in convictions where he claims not to have known of the criminality of 1932, Judge Breitel practiced In 1950, he was appointed by Procedure, the A.L.I. Advisory privately until 1935, when he Governor Dewey to the Supreme Committee ona ModelPenal Code, his involvement. Another technique Fahringer cited was that of comparative entered public service. After Court, a position he held until and is presently a member of the sentencing, where defense counsel would examine similar sentences, working on the Thomas E. Dewey joining the First Department of the A.L.l.'s Select Council, the Special Rackets Investigation in Appellate Division from list the lighter sentences, and submit a report to the judge. 1952-56. Institute of Judicial Mr. Fahringer cited oral argument as "the most neglected aspect New York County, he became Judge Breitel has been a Judge of Administration, and the Board of of the craft," remarking that a lawyer who relies on his memo is Assistant Chief of the Indictment the Court of Appeals since 1967. Governors of the American Jewish simply negligent He advised that all arguments for light sentence or Bureau, rising to Chief in 1941. In addition to service to the Committee. Judge Breitel has written and even no sentence be advanced before the judge, or as another Breitel then served as counsel to State of New York, Judge Breitel technique, that the client or hisfamily be allowed to make the appeal, Governor Dewey from 1943 to has served as a memberof President spoken often on the subject of provided the attorney carefully coaches. 1950 withbroad responsibility for Johnson's "Crime Commission," court reform in New York State, "We owe to the defendant," he concluded, "all of the eloquence a wide range of legislation and the Federal Commission on and is considered by many as a within us." coordination ofexecutive agencies. International Rules of Judicial leading expert in the area. Judge Breitel To Speak On Court Reform Thursday. �2 Editorials Welcome The staff of Opinion would like to extend a belated welcome to the class of 1977. No doubt first impressions of what law school is like have been washed away and replaced by new thoughts. Having braved the initiation of long waiting lines and general confusion, it is hoped that you have begun to feel at home here. The law school offers many opportunities for you to enrich your graduate career. There are numerous organizations, some well-known and others not so.'in which the first-year student may participate. We urge you to seek these out and become part of the UB community. Again, let us extend our welcome and hope this will be a productive time for you. The Vice President? As law students at the State University of New York Law School, we feel it is necessary for us to denounce the nomination of Nelson Rockefeller as Vice President of the United States. As people who are supposed to be concerned with justice, we cannot allow a man such as Rockefeller to be placed in a position of great responsibility, and most certainly not in a position where he is supposed to be a servant of the people of this country. By his actions while Governor of New York State, and by his handling of his personal empire, Rockefeller has shown- that he will stop at nothing to protect what he has and to gain more. The armed assault on the prisoners at Attica in 1971, the subsequent coverup of the atrocities committed by the assault force, and the frame-up of prisoners on criminal charges to further cover up his malfeasance as governor, are all blatant examples of the official lawlessness in government that is supposed to be eliminated in America by Nixon's demise. Further examples of Rockefeller's lawlessness in office are all around us. The regressive, tax system, gigantic state debts, the Albany Mall project, elimination of rent control, welfare cuts, and the passage of the country's most ineffective and oppressive drug law are all illustrations of his insensitivity to human needs and his drive for personal power. We urge you all to oppose the confirmation of Rockefeller as Vice President of the United States, so that our future will not include the Presidency Rockefeller is surely seeking for himself. In Sight of the Forest Faculty meetings this fall promise to be of unusual — at least for faculty meetings — importance dueto thepresence on the agenda of the Law School's Master Plan, that document which will outline this institution's priorities and development through the end of the decade. New and innovative ideas are in the air at the moment, some taking more concrete shape than others in terms of Master Plan provisions, but also in the air seems to be a nebulously pervasive concern that some of this innovation has been launched with little understanding as to its goals, its impact on the professional program, or even as to its very nature. Programs, in some cases, appear to have been inaugurated by administrative legerdemain rather than faculty consultation, and such cases would seem to indicate violations, in spirit if not in the letter, of the Faculty By-Laws. And with respect to one such program, the Criminal Justice Specialist Program, serious question has been raised as to the propriety of alleged attitudinal or behavior modification as one of the program's goals, a question the faculty cannot possibly disregard. Observers of faculty meetings report disillusionment with the faculty's penchant for losing sight of the forest for the trees, for concerning themselves with "housekeeping" items while neglecting their responsibility for program supervision. Consideration of the Master Plan hopefully will force them to address the big questions which have gone unasked and unanswered for so long, the big questions that relate to the mission of this institution. Students, certainly, are entitled to some answers. October 2, OPINION 1974 Environmental Internships by Terence }. Centner The desire for law students to delve into environmental legal problems for some type of financial remuneration often remains unsatiated because of the scarcity of positions and the problems of applying a legal training in many of the available positions. However, there is at least one environmental organization which is enabling students to participate in environmental projects. The Massachusetts Audubon Society has developed an environmental intern program that offers interested young people unique opportunities to participate in environmentally oriented projects. This past year this Audubon Society placed 140 interns in jobs in six New England States and New York. Funds for these positions are supplied by private foundation support on a matching basis by public and private agencies. This program was initiated in 1972 by John R. Cook, jr., a former environmental investigator for the York State attorney general's office. The interns are selected on the basis of their work experience, academic background, letters of recommendation and, in many cases, an interview. Competition for the various positions is keen. This past year there were over 900 applications from 45 states. The employing agencies also undergo a selection process to help maintain a high standard of employment experience for these interns. The program is based on an assumption that many of today's youth who are pursuing further educational training in institutions of higher learning need some practical field experience. Thus, one of the goats of the program is to provide a practical education to interns to supplement their academic training. Other goals of the program include supplying agencies with highly qualified students and, in many cases, qualifying interns as potential staff with their respective agencies or other environmental organizations. In many cases there are pre-in tern ship orientation meetings and seminars during the summer work period. The Society conducts a one day intern workshop at its headquarters in Lincoln, Massachusetts, at which all of the interns are able to attend two small group discussions concerning different environmental concerns and meet Audubon staff members. This past summer two students from this law school worked as interns under this program. Terence Centner worked with the Temporary State Commission to study the Catskilts in Stamford, New York and Charles Jacobs worked with the Erie County Environmental Management Council in Buffalo concerning plans for an easement program. Any student interested in an employment position with this society for next summer can contact John Cook, Jr.,M.A.S., Lincoln, Massachusetts 01773. Lawyers Guild Convention Focuses on Four Anti's - Anti-sexism, anti-racism, anti-capitalism, and Underground was a firm commitment to confront anti-imperialism were the dominant themes of the oppression perpetrated by and within the United 1974 National' Lawyers Guild convention, held States, on a variety of fronts and with'varied August B—ll on the University of Minnesota techniques, including those traditionally associated campus. At least a thousand lawyers, law students with the practice of law. Part of the history of the and legal Workers including severalrepresentatives Guild is a division between people who see converged on the Twin themselves as legal people with political interests, of the Buffalo Chapter Cities for the gathering, which got off to an and those who regard themselves as political activists auspicious start with the resignation of United States with legal skills; since the admission of law students President Richard Nixon. to full membership in 1970 the balance seems to Over 1,00 separate meetings, workshops, and have tipped in favor of the latter. presentations were on the agenda. These ranged from Yet the dominant atmosphere of the Twin Cities lectures on technical aspects of the law (for example, Convention was unity, not divisiveness. In two Charles Garry on voir dire; Ben Margolis and emotional plenary sessions the Guild raised over Leonard Weinglass on cross-examination) to $13,000 to cover its past deficits, and reaffirmed its free-wheeling discussions of political strategy commitments to the legal struggles of Native (including "Racism and the Class Struggle," Americans in the Wounded Knee trials, and thoseof "Socialist Feminism," and others) and addresses by the Attica Brothers Legal Defense. Though the such political figures as Juan Mari Bras, General movement for progressive legal work often seems on Secretary of the Puerto Rican Socialist party. A the verge of being overwhelmed by problems and dance and a picnic provided interludes of sociability. contradictions among them those stemming from What emerged front1 the many meetings its members' own sexism and racism it was clear including an ad hoc discussion of Prairie Fire, the by the end of the Twin Cities Convention that it is recent political statement of the Weather alive and kicking. - — - - - Notice on Parking Rules This is to reiterate certain regulations set forth in the official "Traffic and Parking Regulations, 1974-1975." These regulations were devised by the SUNY/B Traffic Control Advisory Committee and approved by the University Trustees. The ones that bear reiteration at this time are: "Parking is prohibited on alt roadways and servicedrives except as otherwise posted for time limit parking in selected areas" and "No person shall park a vehicle on the premises of the University in such a manner as to interfere with the use of a fire hydrant, fire lane, or emergency zone, create any other hazard or unreasonably interfere with the free and proper use of a roadway or pedestrian way." This latter regulation, besides relating to regular roadways, applies to the driving aisles, walkways, and roadways within the parking lots; i.e., thosepersons who park Vehicles beyond the doublelines which mark the end of a parking row and encroach on a driving lane are subject to being ticketed. They are also subject to having their vehicles towed away at the expense oftheperson to whom the car is registered if they are blocking traffic or interfering with free access to driving lanes or entrances or exits by other motorists or persons whose vehicles are legally parked in the parking tots. In addition, the Department of Transportation has advised that it is not necessary to post "no parking" signsoncampusroadways as long as each entrance to the campus is marked with a sign that informs motorists that parking on campusroadways is prohibited. All persons who have received parking permits should also have received a copy of the "Traffic and Parking Regulations, 1974-1975." For those who have not received them, Campus Security will be happy to provide them. They will be available at 196 Winspear Avenue for Main Street campus people and at Room 116, D-2, in the Porter Quadrangle on the Amherst Campus, Volume 15, Number 1 OPINION October 2, 1974 Editors-in-Chief Ray Bowie Kay Wigtil Guinane Staff: Terry Centner, Jeff Chamberlain, lan DeWaal, Paul Equale, Matthew Leeds, Al Mantel, Scott Murphy, Bert Slonim, John Stuart, Louise Tarantino, Eric Zaetsch. OPINION is published every third week, except for vacations, during the academic year. It Is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brlan Hall, SUNY/B Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION Is a non-profit organization. Third Class postage entered at Buffalo, New York. Editorial policy of OPINION is determined collectively by the Editorial Board. OPINION Is funded by SBA from Student Law Fees. �October 2, 1974 OPINION 3 END OF THE BAR Amerikan Injustice by JeffChamberlain problems I shall thence stop the War In Vietnam (or wherever It's playing this week) and write a scholarly More/lead City monograph justifying an "Incursion" Into India. Sohere I by theBuffalo Chapter, North Carolina am, sitting in Dorothea Flzzdockle's Happy Buzzard Gas August 22, 1974 National Lawyers Guild Station and Taproom (overlooking historic Bogus Sound), sipping a tepid 3.2 beer to wash away the slight yellow Events occurring simultaneously D.C. Morehead City is not a proper place to begin to fungus which had begun to form on my palate and and Buffalo, New York underscore intheWashington, failings: of the compose the vlewing-wlth-alarm-and-panic political epiglottis from too many grits and too much cornbread, American system of justice. On Sept. 25, more than three diatribeswhich are thestock In tradeofmost columns in with a beat up old Royal with no margins, suffering years after the Attica rebellion, the first trial began. It is student newspapers. But I promised that I would take my heart out for the literary art. It was the lust best oftimes, ironic that during this same week the Senateconfirmation guttersnipes at everything; and after I have solvedall these It was the worst of times, and all that. hearings on Vice Presidential designate Nelson Rockefeller commenced. Adviceto Freshpersons Rockefeller, while governor, during the four days of negotiation with Attica inmates, refused to go to the prison and resolutely opposed any form of amnesty. A review of his public position is instructive: "/ do not have the constitutional authority to grant such a demand I total amnesty} and I would not, even if I had the authority because to do so wouldundermine the very essence of our free society the fair and impartial application ofthe law." (McKay Commission Reportat 321). Yet since his nomination Rockefeller has publicly supported President Ford's prior pardon of RichardNixon one of his justificationsbeing the feeling thatNixon has suffered enough. While the Attica Brothers are collectively facing 42 indictments alleging some 1300 felony counts, Nelson Rockefeller, upon whom responsibility for the massacre rests, is being consideredfor the nation's second highest office. A second affront to principles of justice isrevealed by the manner of this prosecution the state's abuse of the adversary process. While a staff of special prosecutors has been appointed and allocated approximately $9 million, the Attica Brothers Legal Defense has not yet received one dime from the state; this despite the fact that the Brothers were found to be indigent defendants. Thisis art adversary proceeding which exhibits the same characteristics as Christians doing battle with lions. But despite these substantial obstacles, the Attica Brothers can win. They have the strength, solidarity, and support necessary to struggle against and overcome the formidable legal arsenal assembled against them. It is essential that we, as people working in the legal community understand this historic event for whatit is a whitewash of administrative repression and inhuman prison conditions. We must support the Attica Brothers in every way: by being in court every day if necessary; by raising these issues in every available forum; and by dedicating ourselves to seeing that justice is done. "You will brief yourcases, or surely you will fail." Mr. Wallin, the Registrar, has a unique status in the AdolfHomburger, Fall, 1973 Law School. He is perhaps the only member of the administration proper to whom you may have the There are, it seems to me, only two subjects which are opportunity to speak directly. It probably won't matter, appropriate for the initial appearance of this column. I but you can at least take some satisfaction in the fact that could begin with a colymn about "What I Did Last you have spoken with an actual official. Summer," in which would be related adventures hitherto There is one other person "in" administration with unbeknownst to the likes of mortal mankind, in which the whom you should have at least a passing acquaintance, and columnist became a master of deduction by taking Tax A that is the Assistant Provost. This office is held by a in summer school, toured the Last Chance Winery, read member of the fauclty, who shares this duty the current bestselling book Through San Bernadlno with reduced teaching load. This year we have a newwith a one: Gun and Camera, and had some small successes in sporting Professor Fleming. In this capacity, "Coach" Fleming is circles, winning the Commonweal award for excellence in somewhat of an unknown quantity. I think that if a paper doll cutting with a grand total of two and one-half student can convince him of the validity of his position, dolls. But that would be boring. The purposeand function then Mr. Fleming will strive effectively on the student's of this column is not to be boring. It is to be trite. behalf. Those of us who "like" Mr. Fleming stress the Therefore, this first column will be advice to freshpersons. latter clause of this proposition, while thoseof us who are not so easily convincedhave emphasized the difficultiesof "Freshpersons" is unwieldy. "First year students" is persuasion inherent in the former clause. not only unwieldy, it is a sham; although therehas been an Virtually everything which must be cleared by the official pronouncement that the phrase would replace administration is a "waiver of faculty policy." There are "freshmen" in the official vocabulary, little evidence that pre-printed forms upon which to make whatever requests this policy has been implemented can be found. Hence, you desire. These are called "requests for waiver of faculty bowing to popular sentiment, "freshpersons" And I policy forms." You can save yourself a bunch of time by apologize. utilizing these forms at the outset, without bothering to discuss your proposals first. Let me begin by being the nth to "welcome you to Finally, I wouldlike to repeat the traditional welcome the law school." And in the spirit of consistency, I trust to the Buffalo Law School. Look to your right. Look to that this welcome will be at least as fatuous as the others your left. They couldn't get into Harvard, either,. But if you are receiving. Fatuity seems to be an ascendant trait you work dilligently, and brief your cases, three short in around here, so you might as well get used to it. You are at years you too can look forward to a highly satisfying the Buffalo Law School, also known as the Faculty of Law career as a cab driver, insurance adjustor, or real estate and Jurisprudence, State University of New.York at broker. And oh yes, since somebody has to say it: law Buffalo. The Law School used to be located on Eagle school is somewhat different from college. Street in Downtown Buffalo (you can tell because it's dirtier). Last year we moved to the present facility, accompanied by much brouhaha, including a belated dedication ceremony which most students were not permitted to attend. Malcolm Wilson (yes, the Malcolm Wilson) spoke. And a good time was had byall. You will hear that O'Brian Hall is a great improvement over Eagle Street. Had the Law School existed at Eagle Street in the thirteenth century, it is apparently conceivable thatDante As a group of students who have had, both do wish to lake the initiative in proposing several program would have added a level to his Inferno. You should, individually and collectively, involvement in the academic modifications which we hope will partially redress the therefore, appreciate this building, with its windows that and administrative affairs of the Law School, we would imbalance. don't open and its lack of air conditioning, its elevators like to share with the faculty certain impressions we have Firstly, we wish to propose the creation of course that ride fourcomfortably, and its outsidewalls thatdon't of the current directions of the School, certainreservations sequences or tracks in areas where the Law School work (you can fly a kite in some of the classrooms on we entertain with respect to these directions, and certain presently offers multiple electives, such sequences possibly proposals we wish to make as to academic priorities. breezydays). leading to the notation of a "concentration" on the With some serious misgivings, we note this semester a diploma upon successful completion of a sequence. There exist within the school several student substantial diversion of the School's resources, both Course sequences should be available in the areas of organizations. The most visible is the Student Bar material and personnel, into two new clinical programs, Tax (with the addition of a course on taxation of foreign Association. The SBA serves no known function. the Simulated Law Firms and the Criminal Justice holdings); Labor Law; Commercial and Business Law newspaper Opinion. student is called You are Specialist programs, which will provide clinical experiences (including corporations, anti-trust, and securities); The reading a copy. Opinion serves no known function. to a relatively few students at heavy cost to the School. Constitutional Law; International Law; Criminal Law and The Law Spouses is an organization of the spouses of Though aided by outside grant money, both programs also Procedure; and State and Local Government (including law students, which is to say the wives of male [aw draw heavily upon the regular School budget, demanding administrative law). As the School is already strong in students. It used to be called the "Law Wives." vast material resources and commitment of faculty lines, several of these areas, sequences there would involvelittle even while facing us with the prospect that an even greater additional commitment, while such commitment would be There are several organizations based on more-or-less commitment of regular budget resources and lines will be necessary in a few areas of recognized weakness.. "ethnic" criteria: BALSA, Puerto Rican Law Students, required within a few years as the grants expire. Secondly, we propose, in conjunction with the and the like. There are also organizations which cater to With serious concern, too, we note the plight of that an attempt be made each semester to link specific interests, such as the International Law Club. numerous second-year students who have been closed out sequences, with such sequences, so that the seminars would There is not, so far as I am aware, any formal organization of key-courses and the complaint of many third-year seminars effect be extensions of variouselectives in the sequence, in catering to the special interests of Jewish students whose students who find the seminar offerings often unrelated to building upon the electives for more intensive investigation goals are to live in Greenwich, Connecticut and manage their career goals. Our concern is that course offerings in selected areas of major consequence. Treating slum property, or WASPS who wish to become tax have, with the increased size of the student body, become seminars in such a fashionwould better relate them the both lawyers. These deplorable instances of "reverse too few, too unrelated both to one another and to and to the recognized interests of to substantive discrimination" are apparently impossible to remedy. (By professional career goals, and too esoteric in some students in the areas sequences. the way, "WASP" is redundant;did you ever know a Black instances to meet the needs of the student intent upon Anglo-Saxon Protestant?) Thirdly, the notation of a sequence or concentration practicing lawafter graduation. on students' transcripts and diplomas would, we feel, A few wordsabout the administration: The result of the present directions of the School is facilitate "Provost" means the same as "Dean." We have one. placement, provide prospective employers with a that larger numbers of students are being denied certification of He is a sociologist. He is quite well known in his field,and opportunities in widely practicedprofessional the graduate'sstrength, and moreover serve that areas so it is said that he gives the school a good reputation. It is as a psychological incentive to students preparing for a provided expensive training few students can be with a particular practice. rumored that there was a plaque near one of the rooms at within narrowly specialized seminars and clinics. Fourthly, we ask that the School undertake to insure Eagle Street commemorating the spot where according to While we believe that it is the responsibility of the prompt replacement, perhaps through greater use of local legend Dean Schwartz once actually spoke to a faculty to scrutinize the latter programs more closely, we student. -continued on page 8- - - - — . - Open Letter to Faculty ' �October 2,1974 OPINION 4 NEW LAW FACULTY Blumberg Allen actions and mass litigation. She is afraid, however, that recent Supreme Court decisionshave rendered her "obsolete before I start" in thisarea. Watergate, in her view, is an albatross around the neck of every lawyer and law student. "The image of lawyer in our society is of a person who uses large a words to cover up what he really means ... if we care, we must make hard ethical judgments to promote public trust." Karp Mr. Allen, who was born in Chicago in 1948, has had a truly extraordinary academic career. On his way to receiving his B.S. in Mathematics from Marshall University, he both made the Dean's List and received a full scholarship for all eight semesters. He was the number one B.S. graduate in 1970. Me earned his J.I). Iromthc University of Michigan in 197,3 (Order of the Coif, Magna Cum Laude, Barrister Society). Mr. Allen served as a research assistant to University of Michigan professors during each of his summers in law school. His first job after graduation was as a clerk to Judge Wallace Kent of the U.S. Circuit Court of Appeals for the Sixth Circuit. After Judge Kent's death in 1973, Mr. Allen was accepted as a Visiting Professor for one year at the University of Nebraska College ofLaw. His specific research interests include the use of presumptions in criminal cases, as viewed from the standpoint of the jury. Courses offered by Mr. Allen will include Criminal Law in the Fall and, possibly, Evidence in the Spring. ' Bell After attending Cornell University for two years, Ms. Blumberg received her B.A. from the University of Colorado in 1960 (cum laude). She remained at Colorado until late 1961, where she studied comparative literature on a full graduate fellowship. Her J.D. degree was earned at U.8., from which she graduated summa cum laude in IT/I. Ms. Blumberg won many academic honors during her three years in law school.She received American Jurisprudence Awards in Contracts, Criminal Law, Property, Environmental Management, Federal Taxation (A & B), Wills, Corporations and Criminal Procedure. In addition, she was the recipient of the Clinton Scholarship (highest average in the second-year class) and the Spragne Scholarship (highest average in the first-year class). Her graduation awards included the John Bennett Achievement Award (mosi outstanding student) and the Daniel Distler Award (best legal research). , Ms. Blumberg s current position as Family Law instructor is her third job since graduation. Previously she served as Law Assistant to the Appellate Division of the Supreme Court in Rochester and as a Teaching Fellow in the Legal Methods Program at Harvard. Her legal writings concentrate on sex discrimination in the federal lax structure. Jason Karp graduated from St. Johns University College of Business Administration in 1967, where he was a member of Omicron Delta Epsilon, the National Honor Society in Economics. His law degree was earned at the University of Buffalo in 1970. As a law student, Mr. Karp worked in the neighborhood offices of the Legal Aid Bureau. This proved to be valuable experience for the man who was to become first Staff Attorney (8/70), then Acting Executive Attorney (10/72), and, finally, Executive Attorney (3/73) of the Orleans Legal Aid Bureau. His role in the Legal Aid Bureau no doubt prepared him for. his current position, clinical instructor for the Simulated I.iw Firm Program. Spangle Lane Mr. Spanogle, who this year will serve a one-year appointment as Visiting Professor specializing in Richard Bell was born in Illinois in 1943. After receiving a B.A. in Political Science from Northwestern University in 1964, Mr. Bell served a three-year hitch in the Marines. He earned a joint |.D./M;A. (Philosophy) from Yale University, with a Ph.D. in Philosophy expected later this year. Among his publications are: "Understanding the Model of Rules: Toward a Reconciliation of Dworkin and Positivism" in 81 Yale Law journal, 1972 and "Max Weber on Law and Development in England" (with John Balkoski), Law and Modernization Working Papers, Yale Law Journal, 1972. Mr. Bell's course offerings will initially be Torts and Philosophy of Law. Mary Kay Kane was born November 14, 1946 in Detroit, Michigan. For the next 25 years, she pursued her education solely in her home state, receiving both her undergraduate (1968) and J.D. (1971) degrees from the University of Michigan (cum laude). As a taw student during 1969—71, she served as a research assistant to Professor Arthur R. Miller at the University of Michigan. In this capacity she participated extensively in the preparation of Wright and Miller, FederalPractice and Procedure, volumes 5, 6, 7, 7A, and all theannexed pocket supplements. Shealso assisted Prof. Miller in his work, TheAssault on Privacy: Computers, Data Banks and Dossiers. From 1971-74, she worked on a National Science Foundation Grant studying the relationship between information technology and the law. Her last two years were spent as Co-director of the program at Harvard. Ms. Kane's legal interests center on civil procedure, specifically the area of class Commercial Transactions, is a graduate of both Princeton (1957, B.S. in Engineering) and the University of Chicago Law School (1960). He has been a member of four law school faculties (University of Maine, University of Texas, Vanderbilt University, and the University of Californiaat Berkeley), in addition to holding three different Bar memberships in Tennessee (1960), California (1961), and the District of Columbia (1970). He is the Chairman of the Maine Governor's Bank Commission, a member of the American Bar Association Commission on Regulation of Consumer Credit, and served as a Research Associate for the Brookings Institute (1966-67), the Washington-based "think tank." In addition to having written a wide variety of professional articles, Mr. Spanogle has also authored several pieces for a more general audience. Among these is the script for "The Credit Game," a film used in high schools, and a 1972 supplement to Compton's Encyclopedia entitled "Invasionsof Your Privacy," co-authored by Ralph Nader. Not content to sit on the sidelines and merely criticize the direction of the law, Mr. Spanogle can also claim credit for an active role in the preparation of Title 9A of the Maine Revised Statutes, as enaclcd by the 106th Session of the stale legislature. Study �October 2,1974 OPINION 5 LRPC Report on State and Local Gov't STATE AND LOCAL GOVERNMENTLAW PROGRAM municipal law practice (e.g., proceedings in the field of land use controls, and lawyers' skills brought to bear in collective bargaining with public employees); and (5) methodology, both (a) the methodology of the decision I. Introduction sciences applied to public policy formulation and analysis, During the past decade the Faculty of Law and and (b) statistical and empirical research techniques of Jurisprudence of the State University of New York at value to the lawyer or law-trained official addressing Buffalo has declared and reiterated its policy of problems of public management. Students majoring in state and local government law concentrating a substantial measure of its resources in teaching, research and related serviceactivities in state and would have ample opportunity to increase the breadth and local government law. The Faculty has implemented that depth of their special studies through law-related policy by expanding its state and local government law coursework in other departments or schools in this curriculum from a single course, given sporadically, to the University Center. offering of several courses each year. The number of faculty members devoting all or part of their teaching and 111. Training research to the field has risen from one or two to approximately eight; and specialized courses in state and local government law have increased to approximately ten, some given each year, others in alternate years. In addition, contemporary problems of urban society confronting stale and local officials are being probed with increasing intensity in courses of general coverage, such as constitutional law, torts, property, criminal law and clinical programs. These developments are the measure of the Faculty's curricular response to rapid changes in American life, which have shifted much of the attention of lawmakers, lawyers and the judiciary away from Washington to the state capitols and local scene during the past several years. The all too familiar "urban problems" (economic, social and educational inequalities, racial tensions, environmental deterioration, housing shortages, swelling of the welfare rolls, and overburdened health care, police, transportation, sanitation services, and other varieties of municipal services) have placed extraordinary strains on state and local governments, and on their relationships with each other and with their respective citizen constituencies. '•'■• -''. The corresponding need for changes in legal education is reflected in the introduction of a variety of specialized programs in a number of law schools throughout the country. To our knowledge each concentrates on a limited area of state and local government law. The most common specialities are urban law and environmental law. In view of the scope of the interests in state and local government law developed at Buffalo during the past decade and our unique position as the only law school in the State University system, we propose the establishment of a full-scale, broad-ranging State and Local GovernmentLaw - . Program. The major components would be (1) a concentration in state and local government law in the program leading to the first or Juris Doctor ("J.D.") law degree; (2) a Graduate Program, leading to a Master of Laws ("LL.M.") degree; (3) research; and (4) a service component, linked with teaching and research, which would begin with the holding of seminars for state and local government officials and attorneys, and over time provide a resource for municipal and state level legislators and other officials engaged in law revision, and in addition provide a program of continuing legal education in the field. 11.CourseConcentration in the J.0. Program The principal feature of the Program would be the expanding of opportunities for J D. degree candidateswho choose to specialize in state and local government law. Their program would begin early with a course in Fundamentals of Municipal Law given in the second semester of the first year to qualify them for upperclass offerings requiring familiarity with the basics of local government law. It would not be feasible to define the courses constituting the field of concentration beyond that. The titles and contents of teaching subjects in state and local government law are bound to vary from year to year. However, the ingredients of an optimum program would be so selected and arranged as to provide basic training in or knowledge of (1) the institutions and processes of the state and local governments concerned with local problems, including the processes by which public policies are formulated and decisions made for legislating, administering and enforcing them; (2) the functions of local governments and local authorities placing the heaviest demands on the attentionand skills of lawyers, including public and private attorneys concerned with the day-to-day operations of government as well as lawyers participating in the important work of legislative and administrative reform; (3) the more intricate problems of public finance commonly addressed by legal scholars and practitioners; (4) professional practice, with particular reference to aspects peculiar to major categories of — — Methods The Faculty is committed to the development of improved training techniques in response to (1) pressures for the reform of legal education in general, and (2) the need for pedagogical innovation to cope with non-traditional state and local government law subjects. Some steps already taken in this direction are: (1) The current School Law Clinic, concentrating largely on problems of student discipline; (2) The designing of multi-perspective courses, such as Government and Land and Public Utility Regulation, which integrate substantive training with particular practice skills; (3) The offering of "project courses," such as the current Municipal Law Seminar in which the students are assisting a task force of officials and citizens studying the impact of development patterns on energy consumption and devising development guidelines aimed at energy conservation;and (4) The design of an experimental Integrated Professional Practice Training Program which will provide training in negotiation, counseling, trial techniques and other practice skills for students formed into "simulated law firms" during the coming school year (with the expectation that parallel doctrinal and theoretical instructions will be given to students in two of the groups in the form of a component course in Environmental Management Institutions and Processes). ~ IV. The Graduate Program and approved by the candidate's Faculty Advisor. The additional coursework might be taken during the academic parts of the secondand third yearsof law school (and fourth year in the case of four yearsstudents in the J.D. program); or during the school year subsequent to the completion of residency requirements for the J.D. degree; or in one or more summer programs following the completion of the first year of law school; or through a combination of these, at the option of each candidate. In each case the timing, sequence and selection of courses would be determined in consultation with the candidate's Faculty Advisor. Each multiple-degree candidate would be required to satisfactorily complete the course in Fundamentals of Municipal Law, though in special cases an equivalent course might be substituted. With that exception, no common course list would be prescribed for all multiple-degree candidates. The curriculum of each_ candidate would be designed with the assistance, and be subject to the approval of, the candidate's Faculty Advisor to ensure balanced subject coverage, depending on the individual's special area of interest. Subject to the approval of his Faculty Advisor, a multiple-candidate, in accumulating the 96 credits for coursework required for both degrees, could take courses earning up to nine hours of credit in departments or schools outsideof the Law School. With like permission an LL.M. candidate could include in the IS hours of coursework beyond the ).D. requirement up to threehours of independent study, in addition to the maximum he earned or might have earned in qualifying for the ).D. degree. Continuation of the multiple-degree program beyond the J.D. degree would not be a matter of right. The performance of each candidatewould be monitored by his Faculty Advisor. Oniy those certified by the Graduate Program Committee, on recommendation of' their respective Faculty Advisors, as having the potential for undertaking and completing a dissertation exhibiting high quality scholarship would be permitted to pursue the LL.M. degree into the dissertation stage. Those certified would be required to complete their dissertations no later than one year following the awarding of their respective J.D. degrees. Extensions could be granted by the Graduate Program Committee under extraordinary circumstances. V. Researchand Service Components Faculty approval of the total Program here proposed Technological change, persistent economic disparities, will trigger an application foraccreditation of a post-J.D. social conflict, pressures on the public fisc, insatiable program leading the awarding of an LL.M. degree. But the citizen demand for improved and expanded municipal start and continuationof the Program will not depend on services and amenities, dwindling land and natural the inclusion ofthe LL.M. element. resources, the obsolescence of much of our urban Once accreditation isreceived students would have the infrastructure, and political resistance to institutional option of entering a multiple-degree program of reform at the local government level have combined to instruction leading first to a J.D. degree and ultimately to produce an accumulation of baffling legal problems the LL.M. for those who complete the program. Those providing exciting research opportunities for students and aspiring to both credentials might declare their intentions faculty in the Program. Many of the research subjects as early as the end of the first semester of the first year of bridge law and other disciplines well-represented in the law school. Their admission as joint degree candidates University Centerand will invite collaboration onlyrarely would be subject to approval by a Graduate Program found in iaw revision studies conducted in the state and Committee. Approval would be based largely on prior local government field outside of academic circles. Given academic performance. this resource and the Faculty's own commitment to train Qualified persons who have completed their first year law students in statistical and empirical research oflaw school here or elsewhere might be admitted to the techniques, the Program would stimulate urgently needed multiple-degree program after screening by the Graduate investigations into the workings of legal and other public Program Committee. institutions; and in doing so make valuable contributions Initially, at least, there should be no need to set a to the law reform efforts of legislators and other limit on the number of multiple-degree candidates. Upon government officials. This capacity has already been entering the program they would be required to take a demonstrated in the law and society and law and course on Fundamentals of Municipal Law, to be given in development programs within the Law School. By its varied nature the curriculum itself would the spring semester. It should be able to absorb all the first-year students admitted as multiple-degree candidates, provide considerable opportunities for research through as well as others. The course might be classified as either a the independent study option, project courses, integrated first-year small class elective accommodating a maximum substantive-law-practice courses dealing with of approximately 35 students, or as a first-year large class contemporary local government problems, and seminars. The dissertation would demand in-depth research by elective for an even greater number of students. Continuation past the J.D. phase of the candidatesreaching that stage of the LL.M. program. multiple-degree program would require an additional We have already established liaison with several approval by the Graduate Program Committee. This will be officials and municipal law practitioners, not only in our explained below. At that point the roster of candidates for efforts to enrich the curriculum through exposure to therr the LL.M. would be confined to a number the Faculty is personal experience and expertise, but also to develop a then capable of servicing. Ten would probably be the steady input of pressing state and local government law problems for faculty and student research. Three-way outside limit during theinitial few years of the program. To qualify for the J.D. degree, one must have faculty-student-practitioner relationships are evolving into •"" completed a minimum of 81 semester hours distributed a promising organizational mode for stimulating both over at least six semesters, and of that total must have library and empiricalresearch on such problems. These relationships would be increased and earned at least 72 credit hours with Honors or Qualified grades. Twenty-four additional credit hours with Honors* strengthened with the institution of one of more ongoing or Qualified grades would be required to earn the LL.M. series of seminars to be conducted under the auspices of degree. Thesewould include 15 credits for courseworkand the Program. The participants would include local * nine credits to be awarded upon the acceptance by the practitioners, state and local government officials, faculty Graduate Program Committee of a dissertation evaluated —continued on page 7— - — �OPINION 6 LRPG ReportLMProgam on Through last spring, Opinionpresented excerpts from and will need to be newly justified. Those failing this test contacted in the Faculty's recruitment efforts. It should be noted that a general improvement of the the Long-Range Planning Committee'sreports for the Law will be phased out (see "Ketter Reappointed: Ertell School's Master Plan. The last of those LRPC reports are Named Acting VP," The Reporter, September 5,1974, p.4 reputation of the Faculty will also serve to bring forward prospective faculty members who before would have now being issued, in preparation for facultyratification of col. 1). If resources cannot be found elsewhere in the hesitated to consider Buffalo as a possible alternative in the Law School Master Plan, which will outline the institution's development through the end of thedecade. University the Faculty should seriously weigh the their teaching careers. The LRPC's recent reports on the proposed LL.M. and consequences of a shift in its current resources to a LL.M. VI. Placement State and Local Government programs are published program. For example, the curtailment of the current herein. summer program would pose a serious inconvenience to Placement opportunities for students in both the students who find it necessary to graduate after 2/2 years LL.M. and J.D. programs should improve through the or to students needing make-up courses to complete their institution of an advanced degree program. The factors LL.M. DegreeProgram J.D. program on time. The establishment of an LL.M. foreshadowing this development are identical to those program will greatly benefit the Faculty in ways outlined which will serve to improve faculty recruitment efforts. Introduction in this section. It will also have serious costs which cannot Visiting faculty members and practitioners will have an be overlooked. opportunity to teach in Buffalo and develop an intimate The development of a strong LL.M. program within knowledge of the academic program of the Faculty and of the Faculty of Law and Jurisprudence can serve as a focal Why an LL.M. Program? the students in theprogram. for the solidificationof the academic program in the 'law school during the next seven years. The multiple benefits of such a degree program will resonate throughout the otheractivities of the Faculty. The program envisioned will consist of a two-summer commitment on the part of participating students to be satisfied between the freshman and junior years, and between the juniorand senior years.Students will enroll in two four-credit-hour courses the first summer. During the second summer two additional four-hour courses will be completed and work will continue on a dissertation which will be completed before the conclusion of the following academic year for an additional fourhours of credit. Upon receipt of the J.D. degree from an accredited Law School and completion of therequired 20 hours, graduateswill be awarded an LL.M. degree from the Faculty of Law and point Jurisprudence. In offering the LL.M. degree to students completing a two-summer course of study, the Faculty will be creating a uniquedegree program which will offer qualified students the opportunity to complete both the LL.M. and J.D. (or LL.B.) programs in the time that would normally result solely in the attainment of the first law degree. This feature, and the inherent quality of the program, should attract a first-rate student body. The LL.M. program will also have several other featureswhich will make it particularly attractive for both students and faculty. One such feature is the utilization of faculty members from other universities and prominent practitioners in the field to supplement the teaching capabilities of the Faculty. This melding of academics and practice in a University setting should be of special appeal to both sectors who will have an opportunity to exchange information and ideas on a face to face basis. Students should also feel satisfied with the well-rounded education such an enterprise would provide. Other benefits that would be especially appreciated not only by the students in the LL.M. program, but also by those in the J.D. program, include: bolstering the efforts of the placement office through the establishment of an informal network to be called upon when needed; the influx of additional resources that would mandate and allow the expansion of the collection of library materials and the increase in staffing; and the increase in the quantity of course offerings available to students in the J.D. and LL.M. programs. There will also be a better utilization of the physical plant by increasing summer use of classrooms and a library that would otherwise remain basically idle. The introduction of new specializations within the LL.M. program will have a mutually beneficial effect on already established specializations. Joint course offerings will become increasingly feasible with consequent economies. Other opportunities for the pooling of resources will become available (i.e., acquisition of library materials suitable for two specializations). The reputation of established specialized degree programs will give an initial respectability to new programs. Finally, the concept of an LL.M. offering by the Faculty is not new. This should be emphasized In any specific LL.M. proposal. The LL.M. degree at Buffalo was included in: the Campus Academic Plan of 1966 prepared by SUNY Central; the 1967 SUNY Development Plan; the 1968 SUNY at Buffalo Master Plan; and the 1973 SUNY at Buffalo MasterPlan. In thislast plan, the M.A. and Ph.d. degrees were added to the list of anticipated degrees to be offered by the Faculty. The commitment of Faculty resources to any LL.M. specialization should be made with caution. The University has been in a zero-growth budget in the recent past, it is unlikely that this will change in the near future.Financial support will have to be reassigned from an existing program in the University to the LL.M. program though not necessarily from the Law School. Dr. Ketter has indicated this disposition to shift resources on a University-wide scale. Old programs are to be scrutinized , This knowledge will enable the participants to aid the The basic reasons that justify the establishment of an placement of individuals in the program. The Placement LL.M. program have been outlined in the introductory and Career GuidanceOfficer will have newresources to tap section. Thesereasons will be expanded on here. when soliciting placement opportunities for our graduates. Graduates of the program should find their skills I. Uniqueness readily marketable since the Faculty will have selected The program proposed will not be looked uponas just degree specializations in anticipated "growth "areas of the any distinguishing advanced law without Law. degree another features. By allowing a student to complete the LL.M. As the reputation of the institution and its graduates program through attendance at summer courses, the improves the Faculty may find itself on recruitment visit Faculty will be offering a unique opportunity for students lists from which it was previously excluded and may also to complete a basic and advanced law degree in the time find its graduates under serious consideration for job normally allocated to the attainment of the first law opportunitiespreviously unavailable. , degree only. A summer program will not only attract excellent VII. Library students but will also allow the participation of visiting The implementation of a new academic program prominent practitioners members and the field in faculty who would not have the required time to participate in a within the Faculty will provide new impetus to the expansion and supplementation of the existent collection regular semester program. of the Law Library. Advanced degree programs will require varying improvements in different subject areas as they are W.Need included in the LL.M. program. A summer program will The need for an LL.M. program in a specialized area is allow for a moreefficient use of library facilitieswhich are an elusive factor to determine. The faculty can generate its generally under-utilized duringthat time. own answer by developing specialized programs in what it This influx of new resources will provide the library judgesas "growth" areas of the law (i.e. International Law, with an opportunity to expand and improve the services State and Local Government). By anticipating future now offered to, library users. Aside from the expanded demand for professionals trained in these specialized areas collection, the library will be able to concretely justify the of the law, the Faculty will be able to allocate its resources expansion of staff necessary to provide the services wisely. commensurate with the initiation and the conduct of an advanced law degreeprogram. Academics 111. VIM. Students The introduction of the LL.M. program will have a The upgrading of the student body is in some ways positive effect on the academic program of the Faculty. By utilizing visiting faculty members and practitioners to the most important outcome of the initiation of an LL.M. program. All the other factors heretofore discussed that supplement the resources of the Faculty, the program will allow the creation of new courses heretofore unavailable. justify the creation of an LL.M. program will serve to These new courses will supplement and improve the encourage the application of students of increasing caliber to the J.D.program. academic program of the Faculty. The improving quality of the student body will have a effect on the expanding reputation of the complementary IV. Reputation school. It will encourage visiting faculty members and -The reputation of a- law faculty is important not only practitioners to participate in the program. Placement because of the student body it can attract, but also efforts should be aided by a growing respect for the because of the faculty members it encourages to come to graduatesof the Faculty. the schooland the additional opportunities for placement that become available for graduates from a school with an Required Resources above average reputation. A respected law faculty will also find it easier to attract support for research projects The development of an LL.M. program will require through outside grants. the commitment of future resources of the Faculty. program well-run of the envisioned A LL.M. nature in Savings that may be realized by the sharing of resources by this plan will serve to bolster the reputation of the specialized LL.M. degree program may be offset by the Faculty. The reasons for thisinclude: the participation of need to develop sdministrative staff positions on a year visiting faculty members and prominent practitioners in rpund basis to coordinate and oversee the LL.M. program the field will give a number of key individuals a personal as a whole. It is advisable initially that an individual experience with the faculty in an excellent program it is professor be designated "Program Director" of each degree unlikely that they will keep such information to specialization approved and allocate a designated time themselves; the creation of a unique program of special commitment to overseeing the program in his or her appeal to students; the initiation of graduates of the specialization until a more formal administrative program into the working and academic world. mechanismis required. • — V. Recruitment The recruitment of new faculty members will be greatly aided by the establishmentof an LL.M. program. One obvious reason stems from the participation of individuals outside of the Faculty in the program. These individuals will* have an opportunity to view the operation of the law school firsthand. Even if these participants are not themselves recruited at a later date for permanent facultypositions, they will have gained a knowledge of the academic program of the Faculty which should easily find its way into the grapevine and encourage others to come to Buffalo. These former participants could also be tapped for their awareness of promising individuals who might be Procedural Program Requirements for Establishing an LL.M. The University has an established procedure for the authorization of new degree programs. Aside from approval by the Faculty of Law and jurisprudence, the degree program must be approved by the GraduateSchool; Vice President for Academic Affairs (formerly Academic Development); Office of Admissions and Records; University President; Central Staff of SUNY; and the State Education Department. Application may not be made for general authority to offer the LL.M. degree but must be sought anew for each additional specialization (1.c., International Law, State andLocal Government). �October 2,1974 OPINION 7 Attica Brothers Cite Prejudice LRPC Govt -continued from pane 5- members, student participants in the Program, from time to time faculty members and graduate students from other departments of the University, and occasionally outside experts in particular fields. Seminar topics would be derived largely from contemporary issues confronting government agencies in the Niagara Frontier. Professor Wade Newhouse has already formed one group of attorneys for school districts who are now in the process of planning seminars or conferences on school law responding to requests for legislative drafting assistance in areas of their special interest and competence. A similar student operatedorganization might be desirable to service municipal officials in other ways, where, for example, the end product is a memorandumof law, interlocal agreement or other legal document, rather than a bill draft. The organization would be manned by participants in the proposed Program. If the coastal zone management law project is funded, problems. the research of the fellows working in it is expected to Discussions are now under way which will probably provide a valuable resource for state and local agencies lead to the formation of a Law and Education Center, now coping with that kind of environmental law problem. joining faculty members and other resources of the Law Eventually it is hoped that the activities generatedby School and Department of Education of the University. the Program would produce expertise useful to joint The encouraging or undertaking of research is a major legislative committees or otherlaw revisioncommissions or objective of the Center. committees devoted to the reform of laws relating to An application is now in preparation for funding in local-level problems. 1975 of a coastal zone management law project which would be undertaken under the auspices of the State and Local Government Law Program. It would provide 10 VI. Program Administration fellowships of $1,400 each for students, many if not most of whom would be joint degree candidates under the The Program would be administered by a State and Program, or in any case concentrating in state and local Local Government Law Program Committee. The Program government law in their J.D. programs. The recipients Committee would consist of a Chairmanand other faculty would engage in research on a variety of problems members with appropriate teaching and research interests, confronting local governments in the management and as well as student representatives. One of the faculty protection of lands in inland coastal areas. members, to be designated Program Secretary, would be Service to the community would not be a major assigned major administrative responsibilities irr the objective of the Program, but would be an important operation of the Program. by-product. Once the Program gains momentum and Existing or additional clericaland secretarial personnef attracts the attention of state and local government should be assigned to the Program to assist in (1) meeting officials, we would anticipate a constant flow of requests special secretarial needs of the Program; (2) collecting, for assistance in solving municipal law problems. assembling and maintaining state and local government law Institutional arrangements would be devised and efforts materials, such as local government legislation, forms and made to honor those requests bearing on problems shared other documents, not normally obtained and maintained generally by local governments and having close affinity to by the Law Library; (3) maintaining records relating to the curricular and research concerns of the Program. One work of joint degree candidates, other than the routine vehicle now exists. The Buffalo Legislative Project, a records maintained by the Registrar of the Law School; (4) student-run organization, undertakes research and drafts communicating with outside officials and lawyers bills for state and local legislators or other officials. participating in the Program; and (5) in the preparation of Students participating in the State and Local Government agenda for and tending to other administrative details of Law Program might provide a resource for die Project, in the school-community seminars. y viivv yj i> > diiu in \j idiu were kiiicu uy police bullets. On September 3, 1974, trials were scheduled to begin for some of the sixty Attica Brothers who were involved in that uprising. (No guards or law enforcement officers or officials were scheduled to begin trial then or ever.) But as the week went by it became apparent that pre-trial issues were far from exhausted. New motions for dismissal and change of venue were based on the Erie County Fair Jury Project report, which earlier had served to eliminate 100,000 potential juro from the county rolls on the grounds that Black peop women, and young people were all systematica discriminated against and, as a result, gross under-represented. Attica Brothers Legal Defen spokesperson Beth Bonora, who coordinated the ju study, claims that due among other things to fa statements about the prisoners' treatment of hostage spread deliberately by state officials, it would not possible to pick an impartial jury from the citizensof Er County. She pointed to unsupported claims that throa were slit and hostages castrated, as particularly prejudici The defense has also been put at a disadvantageby the state's having had almost complete control of the evidence — — — for fifteen months before indictments were handed down. According to Ms. Bonora, discovery orders which were supposed to force the state to hand over evidence last February have not yet been fully complied with. Furthermore, the fact that two Grand Juries are still sitting and able to hand down additional Attica indictments is said to deter some potential defense witnesses from — — AJtLD.. Lack of funds, too, is a perennial problem for Though the defendants' indigent status should entitle them to lawyers paid by the court, ABLD has received no money from the state. Meanwhile, the defense claims, the prosecution has spent $8 million. -continued on page eight JANUARY GRADS: Mi. The success of this Course is due to a combination of factors. First, PLI has an outstanding faculty of law school professors, all of whom are expertin the particular areas of New York law which they teach. The professors review and where necessary rewrite their materials for each course to keep you up-to-date on new law in their respective fields. (13 handbooks) Corporations Criminal Law Domestic Relations Equity Evidence Federal Jurisdiction Suretyship Taxation Torts Trusts Wills* Administration Contracts furnished each enrollee. The Compendium consists of 13 soft-bound handbooks which include 12on substantive law and one on evidence. This set of h and books is not only extremely useful to successful preparation for the New York Bar Exam, but it Is also an aid to your practice after you have been admitted to the Bar. PLI Bar Review Library Expertly edited to assure maximum usefulness in preparation for the New York Bar, these books substantially reduce the need for laborious note-taking. The library comprises a full set of substantive and adjective study materials. This library includes: (1) 1974 COMPENDIUM OF NEW YORK LAW Constitutional Law Insurance Labor Law Mortgages Municipal Corporations New YorkPractice Perpetuities Product Liability Real Property Conflicts Second, a full set of review materials written by these teachers and edited by PLI legal editors is Third, the PLI Bar Review Course offers both lectures and. clinics in which typical exam questions are dissected and proper answers are illustrated. Instruction is also given on preparing for the Bar Exam, as well as on techniques in answering the short answer, multiple choice and essay sections of the exam. Administrative Law Agency & Partnership Bailments & Carriers Bankruptcy Canonsof Ethics Commercial Paper - Sales Secured Transactions Problem Analysis Clinics In addition to lectures on the adjective and substantive subjects covered by the PLI Bar Review Course, an additional 27 hours will be devoted to helping students develop the techniques necessary to answer adequately Bar Exam essay, multiple choice and short answer questions. A primary reason for students failing the Bar Exam has been their inability toapply their knowledge to a given problem. In the Problem Analysis Clinics, the correct approach, method of analysisand form of answer are explained and demonstrated. Valuable guidance is given on the techniques of breaking down complicated fact situations into the diverse Issues involved. Three sample take-home essays are issued prior to the Problem Analysis Clinics by Professors McLaughlin, Siegel and Hawkland. Model answers are then distributed for discission by the Professors so that all students have an opportunity to learn theirstrong and weak points in essay writing. Seml-annuatly updated, revised and streamlined surveys of New York black letter law, these convenient hand books offer comprehensi ye outlines of all the required subjects. A necessary tool for understanding New York and substantive Short Answer, Multiple Choice Analysis Clinics law. NEW YORK LAW OF EVIDENCE by Dean Professor Kass- will devote nine hours to short loseph M. McLaughlin, Fordham Law School. answer and multiple choice questions, similar to The Rules of Evidence presented in compact form those that have appeared in past Bar Exams. He by Dean McLaughlin. will teach techniques of analyzing and answering (2) Two volumes of Questions and Answers the three types of Yes-No's which appear ori the frequently appearing on the New York Bar Examination. Answers to questions similar to those Bar Exam, consisting of approximately 400 will not be a mere Yes orNo; reasons, explanations pages. and citations will be given. (3) Supplementary Materials. Mr.Kass has conducted the Kass Problem Analysis Subjects Clinics in New York for many years and will The followingare subjects within the scope of the continue to conduct his own course in essay tsxam on which you may be tested. All are covered analysis in addition to his participation in our ii ilid I'l I H.it Review Tourer Tuition Because PLI is a non-profit corporation the tuition fee for the 1975 WinterBar Review Course is $ ISO. This fee includes the lecture course, the problem analysis clinics and the PLI Bar Review Library. Faculty PLI has an outstanding faculty of law school professors, all of whom are experts in their particular areas of New York Law. The professors review, rewrite and supplement their materials for each course to keep you up-to-date on new law in their respective areas: Thecurrent facultyincludes: Sheila L. Birnbaum E.Allan Famsworlh -.-,,'.' Professor, Cornell Law School Eric ]. Schmertz Professor, Hofstra University School of Law Bernard Schwartz Edwin D. Webb Professor, New York University School of Law Milton ASilverman Professor, New York Law School McCormack Professor, Columbia University School of Law -Walter G.Farr, Jr. Professor, New York University School of Law PLI Bar Review Director: BenjaminH. Skor MiltonG.Gershenson Professor, Brooklyn Law School The PLI Promise If you take the PLI Bar Review Course and you do not pass the Bar Examination, you may attend the lectures again at a reduced rate of $100. This fee will Include the PLI Bar Review Library (Compendium) ifa new edition hasbeen published since you took the exam. MartinR. Hauptman Professor, Brooklyn Law School William O. Hawkland Universityof Illinois Law School Former Provost and Dean, Buffalo Law School Professor, Michael M.Martin Associate Professor, Fordham University School of Law Ernest F. Roberts David D. Siegel Professor, Albany Law School Associate Professor, Fordham University School of Law Legal author, lecturer and Director of the Kass Problem Clinics Joseph M.McLaughlin Dean and Professor, Fordham University BertS.PruntyJr. Dean, University of Maine For Information If you have any questions about the PLI Bar Review Course,please address all inquiries to: Bar Review, Practising Law Institute, 1133 Avenue of the Americas, New York, New York 10036. Ph0ne:(212)765-5700. , Note: the PLI Bar Review Course Is certifiedby the New Yoirt State Board of Education for the trainingof veterans. Upon enrollment, allveterans should apply to the Veterans'Administration, 252 Seventh Avenue, New York, New York 10001 for a Certificate of Eligibility. Veterans residing in other states should contact PL I for further information. , ThePre-Bar Course will start in October. All Interested students are invited to 1 an informational meeting on Thursday, October 3rd at 2:30 p.m. in Room 213. For more Information contact PLI Representatives Elliot Schliessel ffiVUHfi) or Winnie Dudley �LRPC Govt -continued from page 7- VII. Resources We do not anticipate the need for special designation of faculty members or the allocation of specific faculty loads to manage the coursework identified with the Program. At this stage, we do not foresee the need to conduct special courses exclusively for LL.M. candidates in the Program. The total student enrollment in the Law School's J.D. program would not be increased. The number of students in residence at any given time might be increased to the extent LL.M. candidates who have completed their J.D. work may enroll for an additional semester. But this number is expected to be small. Generally, the students in the multiple-degree program would be absorbed in the regular curriculum. Those seeking additional 15 hours of credit to qualify for the LL.M. degree would inflate enrollments during the summer sessions to someextent, and mightconceivably compel the addition of one faculty fine in the summer program. Faculty supervision of the programs of individual multiple-degree candidates, especially in connection with their dissertation research and writing, would impose burdens that are difficult to quantify but would be nevertheless felt. If as many as 10 candidates were in the dissertation stage during a given year, the costs of faculty supervision of the entire Program might be estimated, roughly, as the equivalent of from one-half to a full workload of a -full-time faculty member. Whether this would require the appointment of additional faculty would depend on a number of variables not yet predictable, such as the extent of faculty time available from other quarters to fill gaps created by instructors devoting substantial time to this Program; and the total number of courses required to fulfill the total commitments of the Law School during the given period. A principal reason for the overlapping, multiple-degree scheme is to obviate the heavy costs to both the Faculty and participating students of extended additional residency in fulfillment of the LL.M. requirements. The morp-fractional tyße of LL.M. program requiring one year of-residency beyond the third year of law school is beyond the reach of most law studentsunless subsidies in the form of fellowships, assistantships or internships are available. The prospects of obtaining large University or outside funding for this purpose are not good. It would be desirable if some funds could be obtained to support academic-year or summer studies by multiple-degree candidates in the proposed Program, or to help support candidates during the months followingreceipt of the j.D. degree when they are concentrating on theirdissertation work. However, the obtaining of such fundsshould not be regarded as a sine qua non. Open Letter -continued from page 3- visiting appointments, of faculty on leave or sabbatical, since the absence of key faculty can and has resulted in major deficiencies in certain areas. Such deficiencies have interfered with the development of sequences and the opportunity for students to specialize in areas plagued with temporary deficiencies* areas such as Labor Law with Professors Atleson on leave and Kochery about to take sabbatical. Fifthly, with the collapse of the ten interdisciplinary appointments the Administration had been counting upon, _ / . we believe it wise to refrain from a further commitment of Law School lines to specifically interdisciplinary courses, preferring instead that the Law Schooldirect students with interdisciplinary interests to existing jointdegree programs or at least advise them to take particular course offerings in other departments. Lastly, we wish to reiterate our concern over present budgetary priorities, as the continuing diversion of resources to narrowly-specialized modes of instruction accommodating fewer students can only have a detrimental impact on the professional program and any possible concentrations therm in this time of budgetary cutbacks. A strong professional program with sequences as proposed should, we believe, be the first priority, and that necessitates the immediate remedying of recognized deficiencies with the budgetaryresources nowavailable. In conclusion, we wish to focus the faculty's attention not so much upon our criticism of certain programs, though we have found it shared by many faculty, as upon our positive suggestions for strengthening the professional program, which suggestions we ask be written into the School's forthcoming Master Plan for implementation hopefully within the next year. In this, we trust that faculty and students will become united in furthering our common desire to better the School 'and the profession. Raymond J.Bowie DonaldLohr Benjamin R. October 2,1974 OPINION 8 Idzlak Daniel R. McDonald lan De Waal John M. Mendenhall Mark A. Llnneman Alumni Line PAD Reorients Activity; by Earl S. Carrel Another school year has started, and with it another issue of the Opinion and another Alumni Line column. For those who are just beginning their careers at O'Brian Hall and for those who are beginning their careers out of O'Brian Hall, we wish you the best of luck you'll need it. A re-introduction to Alumni Line is probably in order at this time. It is a column written by an alumnus for a student paper which, several years ago, decided that the Law School was more than a self-cqntained entity. It is a forum for class notes, comments on the Law School and the legal profession, sometimes referred to as the "Law Business" and a vehicle whereby interested alumni can let their thoughts -be known to students, faculty, and other alumni. Items of interest and comments are appreciated and encouraged. Just send them in to Alumni Line. Not everyone agrees with the thoughts set forth in this column. My critics include Don Lohr and Bill Greiner, both of whom although Greiner was were wrong presenting a well-researched, well-developed argument which just did not make it. Past presidents of the Alumni Association have also seen fit to comment on my comments. All critics are welcome, but forewarned to come well prepared. — - Norman C. Hise, '25, died July 7,1974. Charles /. McDonough, '28, died August 16, 1974. Mr. McDonough was a member and vice-chairman of the Canisius College Board of Trustees, a former member and president of the Buffalo Board of Education, and a past president of the Erie County Bar Association. He received the Law School's Distinguished Alumni Award in 1967. Passes Resolution Carlos C. Alden Chapter of Phi Alpha Delta Legal Fraternity has, after several years of relative inactivity at the Law School, reoriented its activities with an influx of new members and under new leadership. PAD, which last year sponsored several panel discussions, this year has constituted itself as a lobbying force for strengthening the professional program, inculcating professionalism In the study and approach to taw, and expanding opportunities here for the student intent upon practicing law after graduation. Approximately a dozen first-year students have been initiated as associates recently, while another membership driveis being planned toreach second-and third-year students. Officers this year are Ray Bowie as Justice,Don Lohr as Vice-Justice, and Mark Linneman as Clerk. Turn of the Screw by lan DeWaal The new revised student handbook is now available. For those students who did not receive a copy in class, extras are available in the Registrar's Office, 304 O'Brian. The handbook contains a thorough assortment of academic rules and policies as well as invaluable general information on how to get most things accomplished within the university framework. Thebook also contains the Court of Appealsrequirements for admission to the New York State Bar. Please be sure topick upa copy. All students will be expected to be familiarwith the regulations of the Law School as printed in the manual. There is one important note: where reference' is made to seeing the Assistant Dean for a particular procedure,please see the Associate Dean Robert Fleming. Abraham R. Kmhner, '29, died July 7, 1974. John E. Leach, '32, died July 10,1974. Mr. Leach, a partner in the firm of Brown, Kelly, Turner, Hassett, and Leach was Chairman of Hie New York State Bar Association House of Delegates at the time of his death. He had been a member of the NYSBA Executive Committee since 1965, and was Chairman of the Bth Judicial District Character Committee. Mr. Leach was also counsel to the State University of New York at Buffalo. He was a past president of the Erie County Bar It is important thatall students Association. verify their class registration to (the University Sebastian J. Bellomo, '34, former Chief insure thatSARA Computer) has a record of your Judge of Buffalo City Court was appointed registration each in course. If you to a nine-year term on the New York State have not picked up your most Court of Claims. recent class card after submitting a David C. Adams, '37, vice-chairman of change of registration form, please the Board of the National Broadcasting do so as soon as possible. This will Company, received a Distinguished Alumni avoid problems later such as Award at the U/B General Alumni Board receiving "F" grades for classes Dinner in June. never attended and not being allowed to take a final in courses John T. DeSantls, '39, died August 17, 1974. Judge DeSantis was a member of the Niagara Falls City Court since 1964 and served as Chief Judge from 1970 to the time of his death. nomas 1. Ryan, '48, died July 9,1974. Formerly a partner in the firm of Frey, Russo, and Ryan, Justice Ryan was appointed U.S. Commissioner for the 3,1974. whereattendance had been regular but registration had never been satisfactorilycompleted. All students with work-study awards who are not yet placed, please see me as soon as possible to avoid having your award withdrawn. No one will be permitted to retain the award who does not commence filing time sheets this semester (not in December either). Scholar Incentive rejectees: If you have been denied financial emancipation statusby theScholar Incentive Bureau, could you please leave your name and number with me. I am trying to find out how many students are in this position at thelaw school in anticipation of possible legal action. I am particularly interested in individuals who claimed that they were emancipated commencing within the time period January 1, 1973 toSeptember 1,1973. Also, on Scholar Incentive: don't feel alone if you applied for Scholar Incentive last June Ist and have not heard anything from them despite the fact that you have also written asking about the disposition of your application. This is apparently a very common occurence this year. If you are concerned about payment of your tuitionbill, please see me. "Literally, a man is what he. thinks." Western District of New York in 1960. He was elected to Buffalo City Court in 1966 and to the Supreme Court in 1969. Since earfy 1974 he had served as Administrative Judge for Criminal Justice in the Bth Judicial District. Ann T. Mlkoll, '54, Justice of the New York State Supreme Court for the Bth Judicial District, received a Distinguished Alumni Award at the U/B General Alumni Board Dinner in June. Frank W. Dombrowskl, '55, died August Last week, PAD endorsed a resolution to the faculty questioning certain aspects of the new Criminal Justice Specialist Program that "envision the attitudinal and behavioral modification of participants so as to sensitize them tocertain specific social pressures and ideological perspectives." The resolution expressed opposition to any program which seeks attitudinal modification as a preset end and which assumes that participating students ought to share thefaculty supervisors' critical appraisal ofthe subject of study. PAD asked the faculty to eliminate such elements from the program and insure that no attempt is made to proselytize particular attitudes or ideologies through theprogram, as this latter was said to be "inconsistent with academic freedom, the impartial provision of legal skills, and the best interests ofthe profession." Greg Fabiantki 360 Delaware Avenue Buffalo, New York 14202 Telephone: 8541846 Connecticut Mutual Life awe the chip coMP/uvr • since j«6 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-10-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 15 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/2/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/5dead70fcaffd66e5fd707f1a2df2577.pdf 06242e9a36aa2f40126dc5ba6b36a4fe PDF Text Text OPIN UPPLEMENT S May 16, 1974 CORRECTION: The Bookstore wishes to clarify that it will be open, during the weeks June 24th to August 9th, only on Monday's & Wednesday's (9:00 3:30). - PLACEMENT: The Career Development and Placement Office is pleased to announce that effective, Monday, May 13, 1974, Ms. Nancy Koziel has joined us as secretary. ATTENTION GRADUATING SENIORS: The Career Development and Placement Office is mailing to you a card seeking information as to whether you have found a job or are still considering opportunities. We would appreciate your cooperation in sending or bringing the card back to Room 312 as soon as possible. SIMULATED LAW FIRM: Professor Kaplan has announced that the sign-up for the SLF program next fall will continue through May 24 and that there will be no limits placed on the number of students wishing to indicate interest. Sign-up sheets are available at the Registration desk. By June 5, selection will be made, by a method yet to be determined, from among those having indicated interest. Students will then have until June 15 to register. BUDGETS WSURBAP by Ray Bowie Meeting in special session, the SBA Board of Directors completed action on the 1974-75 budget last Tuesday, only one day before the deadline for submission of student government budgets to Sub Board I. The action means that SBA organizations will be able to begin drawing upon their new budgets as of September. Consideration of budgets resumed the Friday before with the Budget Committee's recommendation of $1147 for the Athletic Committee, which included an amount of $1.50 per student so that law students could use gym facilities and equipment without individually paying $5 each. The Athletic Budget passed with little debate. Social Committee received $2,000 for two large parties, $120 for a picnic perhaps in Delaware Park, $1,065 for a series of monthly happy hours, and $290 for individual organization parties. �Association of Women Law Students was allocated $558, including $100 for publication of newletters and $418 for convention expenses. A motion to increase convention expenses to $500 failed by 8 to 5 vote. Controversy erupted when, during consideration of the BALSA (Black American Law Student) budget, BALSA President Chui Karega asked for a $2,500 grant or loan to serve as seed money whereby BALSA could stage fund-raising concerts for minority recruitment. After several directors balked at the proposal that SBA giving BALSA first claim to the first $2,500 available next fall, BALSA settled for an SBA commitment to provide some seed money if available in September, which motion passed by 8 to 6 vote. BALSA also received, on motion of Laura Zeisel, an increase of $200 for community seminar and $150 for minority symposium, bringing the total BALSA budget from the recommended $1,155 to an allocated $1,525. Buffalo Legislation Project was budgeted, for the first time, to the amount of $290, after attempts, motivated by the belief that the School should be encouraged to fund BLP, were made to delete the whole budget. The attempts failed. Distinguished Visitors Forum was allocated $3,540 for speaker programs next year, but not before SBA director Mark Linneman strongly objected to what he called the "ideological bias" of the program this spring. With little debate. Environmental Law Society and Gay Law Students, a recently revived group, received $285 and $35 budgets respectively. Debate arose again, however, over several attempts to delete funds recommended for the International Law Society budget. Bert Slonim moved unsuccessfully to transfer the $100 Jessup Competition line from International Law to Moot Court. The two organizations have in the past contested, over which has the right to send a team to the Jessup, and SBA seems to have supported ILS. Laura Zeisel moved to delete the $180 ILS was to receive for a weekend symposium at the UN, but this too was defeated as ILS received a full budget of $505. In rapid succession, the Directors approved $443 for LSCRRC (Law Students Civil Rights Research council), $700 for Moot Court Board, $400 for National Lawyers Guild (including an extra $50 for publicity and $10 for postage approved on motion from Bert Slonim), $4,423 for Opinion (including second priority for available funds next fall to restore the full 14 issues requested instead of the 11 allocated), $0 for PAD, and $220 for Puerto Rican Law Students (after recommending that PRLSA seek funding from the School for its downtown bilingual referral service). �Serious allegations of discrimination and even unconstitutionality were raised, however, with respect to the $230 the budget committee recommended for Law Wives. Bette Gould, Rosemary Gerasia, and Carl Howard attacked the organization for discriminating against husbands, not being a student group, and failing to benefit the student body. Amendments offered by Bert Slonim, which would have required a public statement from Law Wives to the effect that they admit all spouses, and by Pearl Tom, which would have changed the name to "Law Spouses," were both defeated before the Directors voted 5 to 5 on the budget. Laura Zeisel, chairing the meeting in the absence of President Don Lohr, broke the tie by voting not to fund Law Wives. Rosemary Gerasia suggested that, since Law Wives had no budget, SBA take their office (room 8) and put cots in it so that it could be made into the health room, but no action was taken on the suggestion. Of the entire SBA budget now passed, $345 remains unallocated and will be carried over as surplus into the fall. �a � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-05-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 14 No. Date Issued Date of formal issuance (e.g., publication) of the resource. 5/16/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/11/2011 13:45:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b109de88a9dd658dadbd4942abf10ebc.pdf ce9a0bde3e25f34ab764a3eb520450d4 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Vol. 14, No. 13 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 May 14,1974 State University of New York at Buffalo School of Law SBA Delves Into 1974-75Budget Criminal Law Panel: (I to r) Don Captain A: SBA Organization (Social, Athletic, Orientation); B: Distinguished Visitors; C: Opinion; D: BALSA; E: Moot Court; F: Law Women; G: International Law; H: LSCRRC; I: All others (Law Wives, BLP, PRLSA, Lawyers Guild, Environmental Law, Gay Law). by Ray Bowie SBA last week began deliberation of the 1974-75 budget prepared,-for the first time in the spring semester, by Treasurer Sara Zurenda and the Budget Committee in response to a Sub Board I requirement that all student government budgets be filed by May 15, rather than in the"fall as in past practice. Sub Board I is the custodial agent for student government funds, and unless budgets are submitted by the deadline set, SBA will reportedly have no claim on next year's activity funds. In over two hours of budget discussion on May 3, however, the SBA Directors had tentatively approved only the SBA organizational budget and general budgeting guidelines, leaving the social, athletic, and individual organization budgets yet to be considered. SBA President Don Lohr was hopeful that the remainder of the budgets would be approved prior to May 15, but as the final issue of Opinion went to press, other directors expressed pessimism as to that deadline. As recommended by the Budget Committee, which had held hearings on each budget request, the 1974-75 budget saw an expected increase in available monies next year, attributable to the larger student body, but nonetheless contained cuts in the level of funding for most groups due to greater allocations for SBA operations themselves Delivering the Committee's report at the May 3 meeting, Treasurer Zurenda stated that enrollment next year was estimated at 765 students, providing $22,950 in activity fees. In addition to new funds, SBA is figuring upon an almost $7500 "carry-over" of money unspent by SBA organizations this year, $3,506 of which will be reserved for the settlement of a possible suit against SBA by FSA for past vending machine revenues. Consequently, the $3,991 left unencumbered from this year's unspent budget brings the total amount available next year to $26,941.50. The Treasurer noted that additional unspent money from this year may become available for next year's budgeting and could be allocated supplementally next September. She warned the directors, however, that the budget was "tight" at this point and should not exceed expectedrevenues. Prior to the consideration of budgets, the SBA approved general budget guidelines for fixing allocation formulas for various activities. Office supplies were limited to $25 per organization, whileconvention expenses, which most organizations request, were calculated on the cost ofair fare for one person plus $75 for food and lodging. While the total amount for convention expenses was limited to $500 per organization, the directors deleted a provision barring organizations from requesting supplemental convention money next year. For the first time, organizations were allowed money forintracounty travel expenses, such money limited to $10 per organization to provide transportation for invited speakers and guests. In addition, full-service telephones were, due to organization dissatisfaction with the campus phones they had this year, supplied for those organizations sharing offices inrooms 118 (Lawyers Guild,LSCRRC, ELS, Gay Law Students), 506 (BALSA), 509 (AWLS), and 604 (PRLSA, ACLU, International Law). -continued on page 4 Kenneth P. Michaels, Dr. Franklin Kameny, Prof. Holley, Shelley Taylor Convissar Kennedy. City Court fudge AIMazur, Bruce Voeller Conference Studies Legal Status of Gay Individuals The legal situation of the gay community was the general subject of discussion and debate dur- ing the day-long conference held in the law school on Friday, May 3. Gay Rights and the Law, planned by three first year law students, dealt with the specific legal disabilitiesof homosexuals in our society from the perspective of the five areas of the law which most significantly affect the gay community. With the aid and cooperation of law school faculty, gay activists, practicing attorneys and representatives of the Buffalo legal system, the well-attended conference succeeded in providing its audience with a realistic understanding of the peculiar, yet pervasive, problems of gay individuals in the legal system and how best to litigate and legislate in their interests. The five main areas which were covered separately in the panel discussions throughout the day included legislation and litigation potential, employment discrimination, student-civil rights, familyproperty law, and criminal law. Each panel consisted of representatives of the practicing legal world, the academic legal sphere, and the gay movement. Included among the gay activists were the nationally known Franklin Kameny and Bruce Voeller of the National Gay Task Force, William Thorn of the Lambda Defense Fund, and Nath Rockhill of the New York State Coalition of Gay Organizations. Also participating were law professors Jacob Hyman, Howard Mann, Louis Swartz and Dannye Holley as well as Buffalo attorneys Barbara Handschu and William Gardner and Syracuse attorney Bonnie Strunk. The Criminal Law panel also featured Buffalo City Court Justice Alois Mazur and Captain Kenneth P. Kennedy of the Vice Squad. The student organizers of the conference, Shelley Taylor Con- vissar, Eileen Katz and Sue Silber, hoped that the conference would supplement the law school cur- in this area. The educationof the law student population was of primary importance in their planning since today's lawyers are confronted in many areas of the law with the specific legal problems of our substantial gay population. Estimated at 14 to 20 million in the country, the gay community is clearly a large one. In the criminal law field alone, states which criminalize consensual sodomy between adults, as does New York State, thereby place in legal jeopardy the entire gay population in that jurisdiction,. Realizing that the number of gays in New York alone has been estimated at 2 million and the severity of the sanctions for this "crime" range from three months to life imprisonment across the country, the involvement of legal advisors is extremely important and, therefore, should be informed. Despite the American Psychiatric Association's removal of homosexuality from their list of mental disorders, the legal system still reflects the unenlightened view that gay people may be treated differently from their heterosexual counterparts in the law. As conference participants pointed out, however, it is not only the legal system in its statutory confines but the prejudices of judges in many cases which color the legal treatment of gays. In an attempt to understand the social and political forces operating against the homosexual in. most areas of the law, the conference began by examining the potential of the litigative and legislative approaches to legal reform riculum for gay advancement. It was disclosed that several test cases are now being litigated which should confront many laws, but legislative efforts are also being made, in this state among others, to pass a bill of rights for gays. In the area of employment discrimination, the conference panelists were somewhat optimistic about the potential for legal protection of gay people fired or not hired solely on the basis of their sexual orientation. Although the audience was cautioned that such reform would not occur until gay people in all the occupations identified themselves as such, other speakers offered more legally relevant solutions. Pointing to the increased sensitivity of the U.S.Supreme Court to theright of privacy and personal rights, Mr. Hyman expressed hope that the situation could be litigated. Although he agreed that the litigative approach is underestimated and should be tested, Dr. Kameny thought the legislative tack might be more productive for the gay movement since it could encompass the legal welfare of more than the one litigating plaintiff in an employment action. Although no Supreme Court decision has as yet vindicated the rights of gays to unhampered employment opportunities, the upcoming court agenda should afford them the chance. The family-property law panel was less optimistic yet just as informative. Cautioning that the legal system cannot deal with all of the types of harassment which gay people endure, attorney William Gardner discussed the "custom barrier" which the legal system reflects in gay marriage and child custody suits. Adding to his assessment, Barbara Handschu described the situation of two of -continued onpage 4 �May 14,1974 Opinion 2 "Teat Suckling, Editor Biting" To the Editor, Editorials It's getting hard to concentrate To the editor: on the basic purpose of regal education: learning how to make The report issued by the highly money. At the risk of biting the editor respected and nonpartisan staff of joint Committee on Internal even the hope gets it that feeds me, I Revenue Taxationof the Congress worse. John Stuart has disclosed that President Nixon owes $444,022 in back taxes plus level of interest for the years 1969-1972. With this Editor's note: debate, John, it certainly will. But This has alarmed and shocked the for those readers who prefer a nation. The President's tax probmore intelligent exposition of the lems have severely damaged his ability to remain in office. issues involved in defining the proThis report on Mr. Nixon's taxfessional program, Opinion has printed what we hope is the first es also found instances of iminstallment of an open discussion proper conduct that had not been of those issues on page 3, brought to public attention "Whither the Professional Pro- before. The prestigious committee gram?" revealed that a number of Federal expenditures during Mr. Nixon's first term had benefitted him perVolume 14, Number 13 sonally and should have been taxed as personal income. Among these illegal expendiEditor-in-Chief: Ray Bowie tures were $92,298 in public Managing Editor: Shelley TaylorConvissar funds used to improve Nixon's private estates and $5,391 in FedBusiness ManagenDennis Pasiak Photography Editor: Terry Centner eral funds used for a "masqued Alumni Editor: Earl S. Carrel Festures Editor: Kay Wigtil ball" given by his daughter Tricia. Cindy Lowney, Robin Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Article 11, Section 1, Paragraph A. Skinner. 7 of the Constitution of the United States is as follows: Opinion is published every other week, except for vacations, during the "The President shall, at stated academic year. It is the student newspaper of the State University of New times, receive for his services, a York at Buffalo School of Law, )ohn Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this Compensation, which shallneither paper are not necessarily those of the Editorial Board of staff of Opinion. be increased nor diminished durOpinion is a non-profit organization. Third Class postage entered at ing the Period for which he shall Buffalo, New York. have been elected, and he shall Editorial Policy is determined by the Editor-in-Chief. up Opinion is funded by SBA funds from Student Law Fees. not receive within thatPeriod any With the last issue of the academic year has come the opportunity to reflect, with some degree of detachment, upon the developments of the year now passing, the year in which the law school's dream of an adequate physical plant became'reality. To be sure, O'Brian Hall had its "bugs,"ranging from no heat to balky elevators, but by the time of the building's dedication this April, the early grumbling had given way to appreciation, or at least satisfaction, with a physical plant which was for once commensurate with the School's mission. Ironically, the removal of physical deficiencies as the perennial problem has had the effect of shifting attention to other problems which had previously paled beside facilities shortcomings, particularly problems relating to preceived academic deficiencies in the professional program. As might be expected, academic deficiencies were first felt by students, and various deficiencies have been protested this year by business, labor, environmental, and international law afficianados. The administration, while highly defensive about allegations of such deficiencies, has at least recognized areas" in the curriculum and made efforts, albeit of midlin success, at remedy. Faculty-student relationships seemed to prosper in the improved facilities, if for no other reason than that the relative isolation of North Campus virtually forced interaction. To the surprise of almost everyone, the faculty, faced with widespread student dissatisfaction, reversed itself on the addition of a Q+ tier to the grading system, implicitly 1read the last issue of the Opinion in its entirety, including "news stories," "editorials," "editorial notes," and "Briefs," I see the following general picture of the Law School as the view of Opinion's editor: Because of (1) encroachment on the "professional program" curriculum by "social justice" courses dealing with civil liberties, criminal procedure, consumerism, women's rights, law and social change, etc; and (2) constant distractions by "radicals," including speakers, posters, and appearances at SBA meetings (not to mention more exotic activities like "cowslaughtering" and "teatAs Silver Clouds, Dark Linings suckling"); o^oll -continued onpage 7 UB InternationalLaw Society A ttends D. C. Conference conceding that it might have made a mistake in not working in closer consultation with students. Perhaps out of that confrontation, now amicably resolved, will come the mutual respect and reciprocal trust that ought ideally to characterize faculty-student relations. Much criticism, some well-founded and some utterly vacuous, has been directed at the administration this year, but though our administrators have certainly suffered their by Robin A. Skinner share of gaffs, one can only be appreciative at the accessibility of people from Provost Schwartz on down through the "U.S. realtions with Canada and Mexico" hierarchy. If accessibility is indeed the sine qua non of the topic of the 68th Annual Meeting of was the successful administration, then we ought to have confidence American Society of International Law held recently that the student voice, however critical at times, will be in Washington, D.C. Nine members of the heard in the offices where policy is made and implemented. International Law Society attended the three-day The year the Law School acquired its new facilities was, conference of symposia, panel discussions and due obviously to the availability of those facilities, the year workshops. Distinguished members of the bar from nations were in attendance, as experts from in which admissions were greatly expanded, resulting in over several the threecountries on the North Americancontinent 300 students entering the first-year class. The enlarged presented their views on relevant topics in student body encouraged hopes for a greater diversity of continental relations. student interests and the reinvigoration of student life at the The workshop on "Revising the Rules of War" Law School, but for some inexplicable reason, the end of the drew a particularly large audience. There the results year has brought observations that the old bete noir of of the February-March 1974 Diplomatic Conference student life, apathy, has only kept pace with or even were discussed as was the upcoming continuation of exceeded the expansion in numbers. the conference in the fall. The focal points included Worse even than the apathy, however, is the unfortun- expansion of the GenevaConference to improve its ate rancor which has polarized those students who have been operation in periods of war and expansion of active in extracurricular activities this year, a rancor and protection of civilians in time of war. An polarization attributable to the insistence of a relative few amendment to Article I of that Conference was that ideology be injected into student activities previously of discussed which would include, as international a professional character. With the vast majority of students conflict, wars against alien occupation, colonial and racist regimes. Limitation of insulated in their apathy, the "ideologues" and the "pro- domination, weapons was also discussed light of Swedish fessionals" seem indeed to be squaring off against one proposals that would ban the inuse of indiscriminate another at all levels, with the inevitable result that the or tortuous methods of warfare. A special committee of experts from several governments will be held in banners of professionalism have been left in sorry tatters. There are, of course, other problems on the horizon, June under the sponsorship of the International Red among them placement difficulties and faculty appoint- Cross to further analyze such weapons and to make ments, but if this School is to succeed in its high aspirations, recommendations to the full conference in the fall. Of special interest in this age of multinational the more immediate problem is the troubling issue of "professionalism," as it includes within its scope the very corporations was the panel "Should Investment Capital Stay Home?" In the Canadian-U.S. dialogue, definition of professional education, the image of the it was revealed that most Canadians favor at least professional student, and even the destiny of the legal partial restrictions on the U.S. investment of capital profession. in their country. The Foreign Investment Review It is not too much to suggest that, unless this persistent Act recently passed in Canada sets up some internal problem is given attention, all the achievements of the past control over new investments by corporations in Canada. Senator Vance Hartke (D-lndiana) outlined year might welt have ultimately been for naught. .... Nixon Tax Called Fraud his proposal that U.S. capital should stay at home, not only for the benefit of the other nations, but also as a boost to our own sagging economy as well. His suggestions included the passage of an effective Foreign Investment Control Act by Congress (a bill which he has twice presented to the Senate), the establishment of a North American Common Market, and drastic changes in U.S. tax laws which give credits for capital gains made in foreign countries. William Tetley of Quebec outlined a set of nine conditions which foreign nations ought to meet before being allowed to invest in Canada. The conditions are designed to integrate the investments of foreign nations into the local economy. Andreas Lowenfeld of the New York University Law School spoke in defense of foreign investments claiming that the present age is extremely nationalistic and that only big businesshas a genuine "world interest." Rehabilitation of the continental neighborhood was the subject of two panels, the first on pollution controls, and the second on drug controls. These were areas where it was felt that continental legislation might be especially effective. On the subject of pollution, it was noted that preventive as well as rehabilitative legislation was needed. It was proposed that the basic guidelines be international, and within that, framework there should be regional controls since ecological regions often cross national boundaries without encompassing all of any one nation. In the area of drug control, it was contended by Mexico that its real problem was not with drug usage, but with growth for export. The Canadian representative noted the time lag between the eruption of a drug problem in the U.S. and the development of a problem of like proportions in Canada, the basic problem being of a similar nature. The Canadian Commission on Drug Control has recommended that there be no offense for simple -continued on page 4 �May 14,1974 Opinion 3 Whither the Professional Program? by John Henry Schlegel I was unhappy to read your recent (April 30, 1974) editorial on reordering of priorities at the Law School, not because I do not believe that such a reordering is necessary, but rather because your comments reflect what are to me, at least, troublesome assumptions about what priorities are now and what priorities ought to be in the future. First, with respect to actual priorities, the suggestion that, as a result of a decisionof the faculty, "a lion's share of new money and manpower resources" is being committed to projects "related to the social sciences, law reform efforts and ideological fashion" is almost incredible. The only social science that may be thriving at the Law School in terms of money and manpower is sociology. Economics is hardly all pervasive; indeed it is almost invisible. Anthropology is invisible, as is political science, while psychology is non-existent. Cleoreceives her due with one course from R.W. Gordon and one from Janet Harring. So much for the social sciences. As for law reform efforts, a look at the two entire columns of courses that make up the tentative course schedulefor 74-75 turns up no real targets other than correction litigation. Indeed, two currently offered, potential targets for your fire-women's rights and social legislation-are not even on the 74-75 list. That leaves ideological fashion-a code word for criminal law related courses, I assume. Concentration, as limited as it is, on such courses is, I suggest, not evidence of faculty priorities as much as evidence of the coincidence of communicated student interest and available supplementary funds. For evidence of student i nterest, I suggest that you consider the relatively astonishing scenario of an interested student seeking out John Henry Schlegel as a possible instructor for a course in post-conviction litigation; that is surely beating thebushes. For evidence of the availability of funds for clinical and criminal programs and virtually none other from government agencies and private foundationsI suggest that a few hours be spent trying to discover money for say, tax planning courses, in either of the holy "grant" books. So much for the roar of the lion. Second, with respect to future priorities, the prediction that we are in for more of the same, while, as a result of "deliberate neglect," "more traditional, yet utilitarian, courses have been left to wither on the vine," is, though not incredible, equally misleading. However, I am not particularly interested in challenging the accuracy of your prediction, although, as one of those commercial law types, I am interested in seeing that it does not come true. Rather, I wish to suggest that the assumptions underlying the prediction are particularly bothersome to me. I detect tn your words the lament that the traditional bar review courses are dying. What puzzles me is why you anyone or else cares. With the "recent" increase in the quality of the student body, I doubt that there are more than a few studentsleft at Buffalo whoneed do more than give serious attention to a bar review course in order to pass the bar exam. If I am correct, (and even if I am not, I wonder whether Buffalo should be permitting any student to graduate who needs three years of preparation in order to pass the bar exam) then why the interest in these "dying grape" courses? Initially, two possibilities come to mind. Perhaps interest is a function of sheer fascination; evidence and future interests are for the vast majority of body, the most exciting conceivable courses in student the the curriculum. To simply state the assumption is, I suggest, to invite shavian laughter, for the "dying grapes" are in fact the core of the traditional law school curriculum, historically much maligned by students because it was so boring. The move away from this core of courses was made in response to student complaints about how terrible the second and third years of law school were. If the more" esoteric" courses do not satisfy complaints, and the "dying grapes" caused them, in what direction should a faculty go? Up! On the other hand it may be that the "dying grapes" are somehow thought to be relevant to the career goals of the "students voicing legitimate concern" over the imminent death of these courses. One might, however, question the plausibility of this suggestion. I venture to say that no more than one in one hundred graduates will see a real sales problem; such problems effectively do not exist. And who other than lawyers engaging in jury trials, a miniscule fraction of the bar, will ever need to know the rules of evidence? No, I find it difficult to believe that career goals are the root of student concern whenless than one hundred students, indeed, I suspect, less than . -continued on page 6 The Reply... Comment... People's Progress by Ray Bowie Open debate relative to the School's academic priorities has indeed been long overdue, and though it is unfortunate that the debate has blossomed so late in the Opinion welcomes the contribution of Mr. Schlegel hopes that the exchange of issues will spur this issue and in the participation of other faculty and students in an by Shelley Taylor Convissar year, ongoing dialogue next year. Mr. Schlegel notes, for starters, his incredulity at the suggestion that a disproportionate amount of manpower and material resources are being funnelled into areas "more related to the social sciences, law reform efforts, and ideological fashion," a suggestion advanced in an editorial last issue which draws its support from the Long-Range Planning Report on Legal Studies, the trend in recent faculty appointments, and the emerging configuration of course and clinical offerings. Indeed, the areas cited are hardly inherently objectionable, except perhaps for some of the more faddish offerings that bdast little substance,but given the current budget retrenchment and the concomitant failure of the faculty to secure needed appointments, the editorial took the position that such areas are essentially peripheral to the professional program and are generally ill-suited to benefit from the type of major diversion of faculty resources that would be required for the development of legal studies programs, of which the proposed criminal justice specialist clinic was offered as an example. Prof. Schlegel notes that concentration of resources in these peripheral eras is less evidence offaculty enthusiasm than of a "coincidence of communicated student interest and available supplementary funds." Both factors, while real enough, miss the editorial's point that the faculty, in their collective capacity, have a responsibility to insure a well-rounded professional program that might have to transcend communicated student interest and the lure of grant money where such create an imbalance in program offerings. Certainly, the student interest that is communicated to faculty is not an infallible index to the multitude of professional interests which characterize students here, for the phenomenon'is often known where twenty students imbued with great'enthusiasm can exert an influence all out of proportion to their numbers or the worth of the particular object of enthusiasm. As far as the temptation of government or private grants, the availability of such money is not necessarily a functionof the professional worth of the programs selected for funding, and a faculty which succumbs to grants and tailors its programs accordingly is indeed a faculty which has abdicated its responsibility of independent academic judgment. Mr. Schlegel interprets the editorial in question to be a lament that "the traditional bar review courses are dying," which it might well be if "traditional bar review courses" are equivalent to those course offerings which are professionally relevant to what the vast majority of practitioners do after admission to the bar. There is no attempt to suggest here that such courses are all or equally relevant to the faTrly diverse career goals of such a large number of students, but rather that, collectively, such courses do form a corpus of substantive material that the vast majority of attorneys run across now and again in practice, except perhaps if they teach at universities. It is conceivable that it is for this very reason that they became and still remain "the traditional bar review courses." Mr. Schlegel suggests, to the contrary, that many students are motivated to take "traditional courses" simply because they fear that such areas will be covered on ... Rejoinder -continued on page 6 "We have been prisoners of war all our lives," said Gladys Bissonette describing her Indian tribe before the Wounded Knee incident last year. On April 24, under the auspices of the Distinguished Visitors Forum, Ms. Bissonette explained the conditions of repression and corruption which eventually led her, among many others, to go to Wounded Knee and to defend their seige for 72 days as a symbolic rejection of the tribal government of Richard Wilson. Her voice rising and deepening with obvious emotion, Gladys Bissonette spoke eloquently about the struggles of the Indian people in general and her tribe in particular. Giving the law students present an otherwise unavailable insight into the workings of the legal system in this now infamous clash, Ms. Bissonette's message, however, went far beyond Wounded Knee or the Indian movement. In her description of her reservation under the "Wilson regime," it was clear that this woman had experienced the malfunction of our legal system of laws and due process. Listening to her explain how Wilson, as their tribal chairman, imposed a reign of terror upon his own people on the reservation through the use of his "goons" and by jailing any group of three people talking together, the audience began to comprehend what the absence of freedom can mean. Eventually, she explained, when Wilson brought 150 marshalls onto the reservation and prohibited all meetings among the Indians on the land, the people joined members of the American Indian Movement (AIM) and sought to redress their grievances through an impeachmenthearing. At the hearing, however, Wilson's sentence of suspension for twenty days was reduced by Wilson himself, to ten days. Since the debate by the counselmen was limited to -continued on page 5 Amerikan Injustice by TheNational Lawyers Guild This month, the National Lawyers Guild is turning its column over to a guest writer, Brother Akil (Herbie Scott Deane), one of the indicted Attica Brothers. The following letter was received from Akil earlier thismonth. Dear Students of Law at the University of Buffalo: Having read the Buffalo Courier-Express of April 22, 1974, I found entitled "Gov. Wilson's Presence at Dedication Assailed," which was a letter to the editor of said newspaper pertaining to Gov. Wilson's position, Former Governor Rockefeller's (Rocky), and the Attica trials. It thereforebecomes incumbent upon me to write to you letting you know that your laudable endeavor is recognized and appreciated by the Supported. Of the many slogans you will hear anon about Attica is that Attica is All of Us! How true! So when you who are future lawyers of the land express your views on such an issue as ours, it bears watching. Oftentimes it has been said that the judicial system in America is against the black, brown, red, yellow, poor whites,and the vocal/radical whites. Thisis an uncontested statement. As you mentioned in your letter, the Governorhas to allocate enormous amounts of money for the I agree that it may be a bit late to begin a debate seen fit about academic priorities. However, lest our discussion seem like ships passing in the night, I suggest the following. Our bone of contention is surely over the question: What is peripheral to a program of professional study in law? That question may also be stated as its converse: What is central—in your words "professionallyrelevant"-to such a program? I have questioned the centrality of the courses most students consider to be "professionally relevant." I am not satisfied with your reply on this point for reasons that could be developed at length from suggestions about the institutional strengths of a law school that t made in my final paragraph. Shall we save that debate for Fall? , John Henry Schlegel Agreed. Faculty and student contributions on this issue invited. t R.J.B. (Attica) Prosecutor's staff, for the furtherance of prosecutorial and investigatory activities, which have yet produced one single indictment against any state employees or officials. This makes our argument that there is selective enforcementof thelaw tenable legally and politically. The newspapers for the last three days have been substantiating the claim, predicated upon an allegedarticle Newsday newspaper of Long Island. the in Yesterday, April 24, 1974, judge Ball officially empaneled the second or new grand jury, discarding the various motions of opposition submitted by the ABLD (Attica Brothers Legal Defense). We deem such disregard as violative of our Human Rights, which supercedes Criminal Law and Constitutional Law. -continued on page 5 �May 14,1974 Opinion 4 SBA Delves Into 1974-75 Budget 1 Of the budgets themselves, the most noticeable change next year the centralization of services in SBAitselfand major over this was increases in funding for such services, with the result that next year's SBA operations budget comprises 51% of the total money available to SBA as compared to 38% this year. Of the lines within the SBA operations budget, practically all received increases over last year, the only exceptionbeing Graduation which was cut from $500 this year to $400 next. Orientation, on the other hand, was boosted from $400 this year to $1400 next September, $350 going to present the movie Paper Chase and another $400 for each SBA organization to offer its own orientationactivities. An item causing some debate before finally beingrejected was a Budget committee recommendation for stipends, for which $1,400 would have been provided for the SBA President, Treasurer, and Opinion editor. Only one vote was recorded in favor of the stipends, indicating actual defections form the Budget Committee's ranks and continuing SBA reluctance to provide any stipend assistance for students. Another item, for which $1,000 was approved, that could generate controversy was Sub-Board's request for 1/3 of SBA's money order to provide University-wide services and activities open to law in students. The Budget Committee's feeling that $1,000 was the maximum SBA could afford was, however, sustained by the directors. In other lines, not yet considered by the directors as Opinion went to press, the Budget Committeehas recommended $1012 for the SBA Athletic Committee, up from $600 this year, which increase would provide an extra $500 so that individual law students could use gym facilities free of charge. Social Committee, having received $2,000 this year, was recommended for $3,475 next year, permitting 2 large parties, 1 picnic, 3 happy hours, 3 wine and cheese parties, "community events transportation,"and money for the separate social functionsof SBA organizations. Most SBA organization budgets reflect either cuts or "zero growth" relative to their allocations this year, with Opinion fundedfor oriiy 11 issues next year instead of 14, BALSA cut from $1800 this year to $1,155 next year, Law Women from $710 to $538, Environmental Law Society from $475 to $285, PRLSA from $700 to $220, and PAD from $910 to $0. Other organizations received increases, most particularly Distinguished Visitors Forum, which was recommended for $3,540 next year.as compared to $2500 this year. Several new organizations received budget recommendations for the first time, among them Buffalo Legislation Project ($290) and Gay Law Students ($35). The Opinion Newsletter will endeavor to present reports on SBA budget developmentsas they occur. -continued from page -centner Gay Status Conference Members: (I to r) William Thorn, Lambda Defense Fund; Sue Silber; Don President, Buffalo Mattachine Society; Dr. Kameny, National Gay Task Force; Nath Rockhill, NYS of Gay Organizations; lame Zais. -continued from ptufa 1 her present clients who, as lesbians, are forced to fight their exhusbands for the support of their respective children. From the naturally conservative viewpoint of most male judges, she added, the custody of children to gay people (even their own parents) is frightening. -continued from page 2 Attends D.C. Conference maintenance program be established comparable to the one presently in operation in Great Britain. Former Attorney General Richard Kleindienst, who was the spokesman for the U.S., stressed the need for world-wide cooperation in the control of the flow of drugs. One nation acting alone cannot be successful, therefore other nations must be convinced that the growth of the drug problem anywhere will eventually hurt them also. Ira Glasser from the New York Civil Liberties Union pointed out the paradox of current drug laws which claim to help solve the problem while in reality they are making the situation worse. Enforcemertt of present laws causes a scarcity of heroin on the market. To make the available supply go further, other substances are cut in. He blames the so-catted "overdose" deaths on these other substances rather than on the heroin itself. He recommended a pure drug control system instead of the complete outlaw of drugs. The problem, as raised by the commentator to the panel, was whether drugs could be legalized in view of the 1961 International Coalition Conference Studies Gay Status US Internat'l Law Society possession of cannabis and "speed" and that a heroin Michaels, international student competition based on a current issue of international law. On Saturday, the Society presented the final round of the Jessup competition. Participants in the round were the University of Texas, representing the Uni ted States, and Haile Selassie School, representing Ethiopia. The University of Texas won the competition by one point, based on the combined written brief and oral arguments presented. This year's question concerned the rights of a coastal nation to extend its soverignity over subsurface deposits on the ocean floor beyond traditional boundary limits. Arguments raised within the subject of soverignity included the perennial controversy over rights of "developed" and "developing" nations, world ownership of the ocean and its resources versus national ownership, and the validity of certain international treaties and resolutions. Representing SUNY/Buffalo Law School in this year's regional competition were Joe Burden, Mike Dunlavey and Pat Guara. The team won second Congress on Drugs. place. The annual meeting of the Association of The panel on "The Rights of Indigenous Peoples" was chaired by Professor Louis B. Sohn of Student International Law Societies was also held, at Harvard Law School and co-author with Professor which a geographically distributed executive board Thomas Buergenthal of the book, International for the coming year was elected: President, Don Protection of Human Rights. Co-sponsored by the Pressley, Georgetown; Vice-President, Jack Vayda, U.S. Institute of Human Rights, this panel dealt with Albany; Secretary, Kip Klien, Georgia; treasurer, the rights of the Indian population in the three Tom Brill, University of Kansas. Speakers at theannual dinner at the close of the nations. As noted by Drew Kerschen of the University of Oklahoma School of Law, being a conference were Manfred Lachs, President of the member of a race is a cultural matter, not one of International court of Justice, and Hans J. blood quantum, and hence a change in national Morgenthau of City University of New York. Peter attitude is necessary. The rights sought by these Thomas, a 1973 graduate of the SUNY at Buffalo indigenous populations are not rights for an Law School, was the reporter for the opening individual, but rather rights for an entire culture, the symposium on "The Perils of Proximity." SUNY at groupof persons taken collectively. Buffalo students in attendance were lan DeWaal, An annual highlight of the American Society of Steve Levine, Joe Murphy, Robin Skinner, Jay International Law meeting is the Philip C. Jessup Solomon, Howie Sporn, Pearl Tom, Ken Wasch, and International Law Moot Court Competition, an Margaret Wong. Syracuse attorney Bonnie Strunk explained that the court in a case she handled recently for a lesbian mother ruled that the child must be removed from her custody because a psychiatrist found, in examining the child, that there was a possibility of future behavior problems although none exist to date. Although she is appealing the decision, Ms. Strunk pointed out that the expert testimony needed to prove the fitness of the mother as a healthy force in the child's life is an expensive proposition and very clearly prohibitive for many people. The criminal law panel, which of all the panels took the most time, was by far the most explosive. Since the audience was made up mostly of members of the gay community, from Buffalo as well as Syracuse, Ithaca and Rochester, the response to the Captain of the Vice Squad, who openly admits his enforcement (bordering on entrapment) of the consensual sodomy laws and the loitering laws against gays, was predictable. Although he stated emphatically that "our only interest is to protect the public," the amount of harassment and closing of gay bars in Buffalo tends to substantiate the statements made by Don Micheals, President of the Buffalo Mattachine Society, that the laws are selectively enforced against gays. In discussing the consensual sodomy laws, Justice Mazur stated that one of the other City Court Judges has ruled the New York penal provision unconstitutional because it defines an act in relation to the status of the parties. Judge Mazur, in stating that he agreed with that assessment of its constitutionality, refused, however, to say clearly whether the City Court would be the ideal place to challenge the law. Speaking of the other criticized provisions, the loitering statutes, the judge said that if a law has a po- tential for abuse, as many say these loitering statutes do, then they should be removed from the penal code. Bruce Voeller, as Executive Director of the National Gay Task Force, condemned the solicitation and sodomy laws. In his statement, he maintained types of haK rassment which gay people endure, attorney William Gerdner Further, he stated, if the solicitation laws were invalidated or takenoff thebooks, the consensual sodomy laws wouldalso fall. It was disclosed by Mr. Voeller that there is presently a test case being constructed in Virginia to test the constitutionality of such laws. Dr. Kameny described his plan for litigating the sodomy laws. Since, as Voeller explained, the sodomy laws are dependant upon the solicitation of most male judges, she added, the custody of children to gay people letters to the police commissioner and other high ranking officials in Washington, D.C. Dr. Kameny has already invited them to join him in some deviant sexual activity. Although that has not yet yielded the desired response (i.e., arrest), Dr. Kameny stated that he intends to make his solicitations more inviting and then try to get immediate Supreme Court review of the laws after soliciting the twelve federal court justices in the Washington, D.C. area. With their automatic disqualification (as parties to ths suit), Dr. Kameny even suggested that he might solicit the conservative arm of the Supreme Court so that only the remaining justices wouldbe free to rule on the constitutionality of the challenged solicitation laws. Although clearly intended as a bit of comic relief, the audience was extremely receptive to that suggestion. The conference, which was endorsed by the SBA, was funded "by the Mitchell Lecture Series, Distinguished Speaker's Forum and the Law Student Division of the American Bar Association. " �May 14, 1974 Opinion 5 Law Prof. Survivor of War Disaster by Gary Muldoon November, 1943, is hardly a well-known date in American history. For most people, it was just another day in one of the months when the Allies were turning the tide in theiradvance on Germany during World War 11. But, for a Buffalo Law School professor, among others, the date is of great importance, for it was the day on which the second largest naval disaster in American history occurred. He was one of the survivors. Aaron Weinstein, who teaches Trial Technique at the Law School, was on His Majesty's Transport Rohna in November 1943. Originally a commercial passenger vessel, the Rohna was loaned to the British Navy to haul troops during World War 11. On November 23, the Rohna left Oran, Algeriaas part of a thirteen-ship convoy headed for India via the Suez Canal. Aboard the Rohna were 2,183 men: 1,981 G.l.s, 7 Red Cross workers, and a 195-man crew, members of the British Navy. Weinstein was one of the Red Cross workers. On the afternoon of the 26th, the convoy was attacked by German airplanes. The ships, aided by British Spitfires, fought off waves of Heinkel, Focke-Wolf, and Dornier planes. Both sides lost aircraft, but no German bombs hit the convoy. After less than an hour, the planes withdrew. Another wave of planes attacked, but they too were fought off. About 4:30 p.m., two more planes were spotted a few miles away from the convoy. One of them was a Heinkel 177 bomber, carrying a glider bomb. With a burst of flame, the bomb roared from its launching pad under the bomber. No one aboard the Rohna knew exactly what it was. The ship's captain described it as "something with flames coming out astern." An army officer thought it was a plane on fire. Thebomb continued on its controlleddive. For a while it looked like it would miss, but someone aboard the Heinkel made a correction on the radio-controlled bomb and adjusted its flight path. The bomb hit the Rohna almost amidships, near the waterline. The devastating explosion it caused inflicted a mortal wound on the ship. Weinstein was in one of the ship's corridors when the The 26th of bomb hit. The blast sent him spinning."lt was like falling down, down, into a bottomless pit." "I was too surprised to know whether I was hurt. I just began fumbling through the darknessand wreckage for the stairs. Darkness, it was everywhere. Because there was no power, there were no lights. It was like a tomb." The ship took 90 minutes to sink. With her went 1002 soldiers, 3 Red Cross workers, and 120 of the ship's crew. It was America's second greatest naval loss of World War 11. The worst loss, of course, was at Pearl Harbor, where TlO4were killed when the U.S.S. Arizonasank. Only eight of the Rohna's twenty-two lifeboats were launched, and some of these capsized or sank when they hit the water. Weinstein was not in one of the boats, but was alone in the oily water, supported by the life preserver and the memory of his wife and child. An oar floated to him and he grabbed on. Soon he heard other men's voices in the darkness. Three escort ships from the convoy went to pick up survivors, but they were hampered by rough water and darkness. Three men on a raft came alongside an American minesweeper to be picked up but were sucked under the ship and mangled by the propellers. After hours in the water, Weinstein was picked up. An amber light struck his eyes, and a voice called out to him, "Grab the life preserver."He reached for it and put his right arm through, but he couldn't unclasp his left arm from the oar. Finally, somebody grabbed him by the hair and pulled him aboard. The sinking of the Rohna accounted for almost one-third of the American troopship losses suffered by the United States in the European theatre. Yet its story has been kept quiet, not just during the war, when security was tight, but also since the war's end. The day after the sinking of the Rohna, U.S. newspapers reported the following: ALGIERS, Nov. 27 (UPI)-The Germans used their most formidable bombers—giant Focke-Wolf Kuriers and Heinkel 177s—in a heavy attack on an Allied Mediterranean convoy yesterday, but first reports showed today that damage had been negligible and the enemy had lost nine planes. Amerikan Injustice --continued from page 3 What we should concern ourselves with regarding the Delaware Avenue, Buffalo, N.Y. 14202, at Part 111 of the Attorney General's wish on this empanelment of the new Supreme Court, and copies to Governor Malcolm Wilson's grand jury, as opposed to the continuationof the one that office and to the UnitedNations. has sat for two and one half years is: Why did he allow the old grand jurors to sit so long with so many stated contradictions? What task can the grand jury undertake that the old one could not? How new long will this one sit? Will therebe more indictments? Will they be against prisoners or will they be against state employees and officials? If they are against state officials and employees, will the charges be substantive? You asked a very cogent and pertinent question when you asked, "How can truth and justice emerge from this gross abuse of the adversary process?" I/we also believe that the indictments against us (Attica Indictees) must be dropped and that the real criminals must be brought to justice. You can efficaciously deal with such aims by gathering massive student drives of petition campaigns to be sent to Judge Ball at the Supreme Court of Erie, 25 Turn of the Screw f suggest that you contact the defense committee to get the film Attica by CindaFirestone, show it to as many classes as possible, and educate ihe campus community ' about the significance of the Attica cases and their relatedness to student's struggle, and above all the over-all struggle for independence and national liberation in Africa, Asia, Latin America, and self-determination domestically for the Native Americans, Blacks, Latinos, Women, Workers, etc. The adaptation of the above will help further the concept that Attica is All of Us. Thank you for taking the time to read this letter. Thanks for your past, present, and your upcoming levels of support. I made an additional call by lan DeWaal to the Regents Scholarship Bureau to inThe best way to end any year quire about changes in the State University Scholarship program. and far as is with good news as financial aid is concerned that's There apparently will be none. conwhat I have. On May 8 I called the The SUS Program will also year. office of Assemblyman Peter j. tinue unchanged for next Costigan who was one of the This means that if you receive a sponsors of the move to revamp the Scholar Incentive program in order to provide more aid to students at private universities. I spoke to Mr. Bennett, who is the Executive Director of the Assembly SelectCommitteeon Higher Education (of which Mr. Costigan is chairman). The Scholar Incentive program will not be changed for graduate students next year, according to Mr. Bennett. The only change in the program will be one that solely affects students who will be entering their freshman year on the undergraduate level. maximum Scholar Incentive award, thebalance of your tuition will be covered by a SUS. Applications for Scholar Incentive will be available in June. If you don't receive one in the mail, write to the Scholar Incentive Bureau, 99 Washington Street, Albany, New York. If you aregoing to summer school, you will use this application to also apply for summer scholar incentive assistance. However, you will have to advance summer tuition and get it refunded when the school receives a check in the fall semester. A kit (Herbie Scott Deane) An A ttica Indictee forall Attica Indictees All students on work study tor the summer who have not yet seen me about a job should do so immediately. The summer grant begins on June 17 and runs out when you exhaust your award,or when the fall term begins, whichever is first. Those students who had work study this spring semester can continue working up until June 30 or until their funds run out, whichever comes first. If you are going to apply for a New York Higher Education Assi stance Corporation Loan for next fall, please submit your application to the Registrar's office by June 15. This is not a deadline but rather a date which will hopefully assure you of having the check available when school starts in the fall. Have a nice summer! Gladys Bissonette -centner People's Progress -continuedfrom page 3 three minutes and Wilson was able to speak unlimited in rebuttal, the tribal representatives finally walked out of the meeting followed by their people. It was this impeachment hearing, on February 22, which finally moved the Indian people into action. Within hour and a half, 800 Indians had signed up in support an of the Civil Rights Organization, according to Bissonette, and their convictions were joined. During the next week, there were constant meetings at the Pine Ridge Reservation to discuss what should be done next to voice their dissent. Finally, it was decided that Wounded Knee would be the meeting place, as Ms. Bissonette put it, "to make our stand." The rest, as they say, is history. What was unfortunately left out of the accounts of Wounded Knee, however, was the Indian's point of view. According!-1-to Gladys Bissonette, who lived for 72 days in that seige, the people wanted to make their statement to their own tribal leadership. The U.S. Government was neither needed nor helpful in that situation and only served to impede their plan of negotiation. Without some actionon their part,JMs. Bissonette cautioned, the Indians were helpless to combat the obvious corrupt influence of Wilson and his alliance with the Bureau of Indian Affairs. In Gladys Bissonette's words, "there was no law, there was no justice on the reservation." Lamenting the present condition of the reservations, coupled with the immense problem of providing legal defenses to the 130 defendants in the Wounded Knee cases, Ms. Bissonette's statement that "these are sad times" was vitally clear. But refusing to speak only of the Indian movement, Ms. Bissonette reminded her audience that the problem does not exist for the Indian alone, but pervades the treatment of all minorities. The law, and the media, must respond to these needs, she said, and would only do so if people stood up for theirrights. Gladys Bissonette is a brave woman. One can only hope that her .strength and understanding are reflected in the work we will do as practitioners in the law. Further, one hopes that the Distinguished Visitors Forum continues to provide such moving and insightful speakers for thelaw school population to teach us what the media and law school will not. - Law Wives Close Year The Student Law Wives Association was asked to participate as jurors in the mock trials for the Trial Technique course, held on Saturday, May 4, in the County and City Courts downtown. Those who were able to attend found it an interesting and rewarding experience, and their presence was greatly appreciated by the students in the course. Law Wives have tried in the past to make themselves useful to the School and community. They will, in the future, be available upon request for any School or community functions where their talents might be needed. Law Wives held elections for next year's officers on Thursday evening, May 2, at the home of Professor David and Mrs. Sunny Kochery. The new officers are: Nancy Kitchen, President; Lois Weinstein, Vice-presidnet; Sue Moran and Cathy Donnelly, Corresponding and Recording Secretaries; and Karen Sullivan, Treasurer. Installation ceremonies will be held on Thursday, May 16, at thehome of Betty Reynolds. The Chicken Bar-B-Q.ue/Family Picnic will be held on Sunday, June 2, at the Greiner's home, 289 Countryside Lane, in Williamsville. Activities will include swimming, tetherball, ping-pong, badminton, and a watermelon-eating contest for children. Law Wives continue to invite all student and faculty couples to contact Nancy Kitchen at 741-2594 or Karen Sullivan at 896-1394, for more information and reservations. The cost is $1.00 per couple or $1.50 per family. �May 14,1974 Opinion 6 Comment... In sum, the editorial critiqued by Mr. Schlegel scarcely advocated a reordering of priorities based upon "bar exam fear," but rather urged the type of reordering resulting from a study of actual career orientationsamong students, -continued from page 3 the bar exam, rather than because they realize that such matching such orientations with courses of demonstrated areas are covered on the bar exam only because of their professional relevance, all the while safeguarding a fully wide professional relevance. Undoubtedly, the bar exam is balanced program commensurate with the diversity of an incentive to many, even as Dr. Johnson noted the career interests. gallows was to a condemned man's recollection, but the Spring and Summer Schedule: mere existence of that incentive hardly discredits the value Law Bookstore Hours As Mr. of such courses or their professional relevance. May 21 Tues. Closed Schlegel observes, it may be well nigh impossible to May 22-24 Wed.-Fri. OPEN separate out various students' motivations, but as he May 27 Mon. Closed admits, students do continue to demand such "traditional" courses, and these students should no more be disparaged May 28-30 Tues.-Thurs. OPEN May 31 than students whose interests lie in less traditional areas. Closed Fri. OPEN It is also true, as Prof. Schlegel states, that students Mon. June 3 the traditional do the halls Closed not roam interested in areas Tues. June 4 proselytizing for their cause, seeking the conversion of Wed. OPEN JuneS faculty or the damnation of those whose priorities lie Closed until Fri. June 14 elsewhere. Many indeed suffer in silence, making outcry OPEN June 14 Mon.-Fri. only when accorded no electives whatsoever, as was the OPEN June 17-21 Mon.-Fri. case with labor law earlier this semester. Such students might not be as adept as others in actually communicating their sincere interest to the faculty, but then again, students ought not to have to mount public relations campaigns to insure that the faculty maintain a well-rounded program, which is ultimately the latter's Reply... -continued from page 3 twenty-five, wish to study negotiation, or when a course emphasizing such basic practice skills as drafting and counseling evokes little more than a yawn from the assembled multitudes. I do not wish to suggest by means of these two little logical connundrums that students should "bug off". Quite the contrary. Any student concerned about the quality and content of his legal education is more than just welcome at my door; he is an honored guest. What I do mean to suggest is that I question therational basis for the complaints voiced in your editorial. How real is the interest in the "dying grapes"? I have not noticed students dogging the halls asking Haywood Burns whether he might consider teaching agency and partnership or land transactions. I have not noticed students excitedly debating trusts and estates problems. I have noticed students looking for courses in, and talking excitedly about, criminal matters. They are an admittedly small percentage of the student body, but they are excited by, and interested in, their legal education.Other than the tax mavens (and perhaps a devoted group of environmentalists/urban planners) about whom else in the law school can that be said? In the light of theavailableevidenceI thus find it hard to believe that there is a groundswell of interest in the responsibility. "dying grapes" in the curriculum. These courses are taken not as a result of student interest but as a result of fear of the bar exam and that shadow of fear, the face-saving rationalization that, among the available onerous alternatives, each of the "dying grapes" seems as if it ought to be relevant to career goals. I do not deny the existence of fear of the bar exam, but I do find it hard to believe that the performance of most of our present students on by Carl S. Heringer and Robert W. VanEvery that exam will be more than marginally affected (probably negatively) by almost any course taken or not taken during Basically, the non-availability of building materials, his last two years. I do not deny that the ostensible subject The ALI-ABA Committee on Continuing Legal the stricter environmental controls, and the resulting lack matter of some courses given at Buffalo, as well as Education sponsored this symposium to which the UB numerous ones not given, or worse, poorly attended Environmental Law Society, in cooperation with Ms. of monies, has led to contract provisions for performance (because they are much more work than simply sitting and Hollander and the SB A, sent two representatives: now limited by law or judicial decision. Various delays or listening?) may seem as if they ought to be relevant to ! second-year student and president Robert W. VanEvery failures to perform can no longer be viewed as outright career goals, but I do find it hard to believe that law i and first-year student Carl S. Heringer. Held in the defaults, and some compensation must be made for such students who are no longer green behind the ears, if they three-quarter century old House of the Association of the procedural changes. As can readily be seen, this will bring ever were, honestly wish to occupy their time sitting in a Bar, the lecture series was attended by some fifty about second thoughts as to the suburban expansion of class ferretting out doctrine they could master several practicing lawyers from as far as San Diego and Honolulu. department stores, factories and entertainment facilities. times faster and much less painfully from a continuing It was pointed out that, although both Real Estate law Many of the lawyers called for a lessening of controls education handbook. I do not even deny that the law and environmental concern were not novel, this field of during the crisis, but did not advocate discontinuing them. cope school must with the reality of student fear and its law is new and virtually unexplored. Five years ago the Total compliance with all existing controls was shadow rationalization, but to do so by investing program could not have been possible, as most of the facts recommended, although many of the speakers seemed to enormous resources in, for example, evidence, seems to me and cases presented had originated within the past year. be seeking ways to soften the impact of the environmental to be the equivalent of a psychiatrist attempting to.cure a The greatest emphasis in those lectures concerning controls upon their variousclients. patient's nightmares by filling that patient's closet with energy and the environment dealt with land use controls. live monsters. One lecture, dealing more with sociological aspects Included within this concept are basic limitations on land A few closing words are perhaps necessary lest those use, planning, zoning, and law enforcement. The ten rather than legal issues, concerned the relation of the readers who do not know me infer from the one-hour lectures (plus subsequent question and answer energy crisis to the increasing return to urban housing. The predominantly negative tone a panglossian view of where periods) spanned a large spectrum of ideas, suggestions and reversal of the trend of recent years to suburban living was we are, and where we are going. Improvement in legal plans. The study materials and lecture notes will be categorized as a "revolution" in U.S. housing. The education at Buffalo is surely necessary; one only need to available in theELS files for thosewho seek more than the dependence on automobiles, the lack of mass commuter walk the halls and see all the bored faces torecognize that. mere outlinewhich appears herein. transportation, the problems of exclusionary zoning, and Hopefully the impetus for change will come from law A general overview opened the proceedings, the spiraling private education and housing costs have led students. I for one would be more than a little pleased if a delineating the dispute between master planning and ad the "rural generation"-those raised in the suburbs-to group-of students consumed by an interest in the worldof hoc "mission-oriented" planning. The Federal government return to the cities. With city redevelopment, an ethnic business, in the way a definable group of students is favors the latter, which allows it to set ambient standards. turnabout is visible, with Black families now leaving the consumed by an interest in the world of crime, began State implementation plans would therefore be subject to city to follow "the American Dream" of suburban living as planning and agititating for a corporate/commercial Federal review. Legislation such as the Clean Air Act, sought by white families yearsbefore. concentration, or if a similar interest group arose to match Federal Water Pollution Control Act, and the Federal Solid Furthermore, greater stress is being placed on and advance an interest in state and local government on Waste Disposal Act control not so much by regulating user-owned housing, entailing the replacement of rental the part of a definable group of faculty. But at the same existing uses as by guiding the procedures by which a housing with condominiums, cooperatives, and time I suggest to students interested in change that the facility is initially constructed. By requiring periodic government-subsidized housing. Apartment life is no successful suggestions for effective improvement in legaL. Environmental Impact Statements, the government can longer being viewed as transitional. Such housing has a education are likely to be those that proceed from, and continuously police potential polluters.By demanding that high resale value, offers a close "community" of persons, utilize, institutional strengths. The institutional strength of state zoning laws and standards meet Federal approval and cheaper maintenance and control costs. At the same a law school lies in teaching method; the institutional before participating in the grants-in-aid program, the time, suburban areas are developing business districts, strength of the taperecorder lies in teaching rules. Any law government will eventually expand into direct control of zones for multi-family dwellings, and are developing many student who does not understand this fact should probably key areas of regional concern. Such areas include coastal of the socio-economic problems earlier evident in the cities. Also, one can see ecological advantages to this new not be loosed on the public, for, in my experience, the zones, mountains, tundras, deserts and estuaries. most pitiful and dangerous lawyer is one who when faced A second speaker elaborated upon the Clean Air Act trend. A lessening dependence on automobiles, individual with a problem remembers a rule learned in law schooland and some of its implications on real estate development. homes and such, lowers the polluting potential of the charges ahead. Half the time the rule is but a half truth, Basically it provides that states should account for population. when not simply incorrectly remembered, and the rest of transportation and land use controls to control both direct This article does not purport to adequately cover all the time has changed since learned. Concentration on and indirect sources of pollution. Direct sources include aspects of environmental-relatedreal estate problems. The method, in teaching thoseskillsand exploring those problems cars and industrial sites. These are relatively simple to conferenceitself had no such pretentions. However,several which can in fact be efficiently done within the real regulate. Indirect sources are those that are not themselves factors have become important and must be given notice. constraints of a School (devoted to the study) ofLaw, can, emissions sources, but attract them (i.e., shoppingcenters, Contrived or otherwise, the energy crisisremains with us, I think, best proceed with subject matter interesting forits stadiums, theater districts) and thereby affect air quality. with little sign of abating. A reorganization of our personal own sake to both the instructor and the student. Construction such as local roads and access highways, as of and national priorities has begun and must continue. The Instructor interest is in almost all cases a necessary January 1, 1975, will require EPA approval. Mass transit is environment must not be allowed to fall victim to condition to exciting student interest; student interest is seen in a very favorable light, but of course, only a few increased short-term needs for quick, cheap energy. surely the best possible feedback for stimulatingefforts at major urban areas have such facilities. Therefore, the new Rather, it must remain a major concern as we search for improved presentation of materials. Neither method nor controls can be seen as having a large potential effect on ways to cope with the new shortages we are facing each interest is served when bar exam fear and its shadow further developments of such areas. More detailed day. The UB Environmental Law Society exists to lend a rationalization create pressure for "coverage" and for the information on shoppingcenters, withboth environmental helping hand. We work on both local and national use of resources in areas all but devoid of interesting and real estate (anti-trust) implications, can be found concerns, and would welcome any ideas, viewpoints, or methodological problems. In sum, I do not doubt ih,u a within our files. This includes problems of construction, physical help that is offered. Our meetings are posted on reordering that proceeds by calling up ghosts is likely to mortgages, and difficulties reorganizing plans and priorities our office door, 118 O'Brian, and the public is always as a result of the general energycrisis. welcome to attend. improve this (or any) law school. - - June 24th August 9th Open Mon.-Fri. Each week 9:00 - 3:30 Environmental Law Society Attends Land Use Conference ' • �May 14,1974 Opinion 7 Placement Office Sponsors Alternative Career Day Nixon Tax Called Fraud -continued from page 2 other Emolument from the United States, or any of them," The Federal expenditures described in the Congressional Report as personal income constitute violationsof this Constitutional provision. For example, the emoluments given President Nixon such as paying for his terrazo shuffleboard court, were obviously illegal. -centr Alternative Career Day Panel: (I to r) David jay, Tony Dutton, Lawrence Faulkner, Robert Kolken (moderator), Sam Fried, Richard Lippes, Diane Woeppel, Barbara Handschu. by Kay Wigtil On April 25, the Placement Office held Career Day 11, which presented career opportunities in areas of law less traditional than those included in the first career symposium. The panel moderator was Robert Kolken of the Civil Division of the Legal Aid Office, who introduced the Panel members, saying that the areas of law they work in are untraditional and unprofitable, since the profit motive is irrelevant to the work they do. The Panel members were as follows: Tony Dutton Pro Bono work in a large firm: Because the necessity for making a living was a prime consideration in seeking a job, Mr. Dutton said he chose to work in a large firm, where he does commercial and banking law. However, one does not have to cut off his or her interest in the community in taking such a job, as Mr. Dutton's activities prove. He noted that much of the work he does on a pro bono basis is not legal work, but work which requires a lawyer's skills in analyzing, problem solving, etc., as well as an understanding of the politics of the community. He noted that large firms encourage their attorneys to work on outside activities, and that opportunities for doing so are probably better in a large firm than a medium or small size firm. Among the projects Mr. Dutton has participated in are Housing Opportunities Made Equal, the Citizens Advisory Committee for drafting ordinances and reviewing the budget, and the Mothers of Perry Day Care Center. NeighborDiane Woeppel hood Office, Legal Aid: Ms. Woeppel described her work in the legal aid office as frustrating, since the problems of the clients are primarily administrative and — - DVF to especially complex, since the clients only come to the office as a last resort, when their problems have gotten out ofhand. The large amount of administrative work required reduces the amount of time available for work on law reform, but some amount of work in this area has been done in the areas of greatest case volume, such as utilities, and landlord and tenant. Ms. Woeppel expressed concern over restrictions placed on OEO funding of legal aid attorneys on the kinds of legal challengesthey can make. Dick Lippes: Public Interest Law Firm: Mr. Lippes described the structure of public interest taw firms and the type of work they do, and his efforts to establish such a firm in Erie County. Although the firm is not yet entirely established, his practice is limited to public interest issues in the following areas: constitutional law, environmental problems, community organization, and criminal law. Mr. Lippes noted that a 60 to 80 hour work week is inherent in doing this kind of work, but that it is extremely rewarding. — Barbara Handschu Law Collective: Ms. Handschu described the operating structure and decision-making process of the colI ective firm where she works. First, she noted that decisions are made collectively by all persons working in the firm, regardless of whether they are attorneys or legal workers. Secretarial jobs are shared, and everyone does their own typing, so that the office does not have a "secretary". The firm is composed of two attorneys and three legal workers, some of whom are law students and some undergraduates. In ending her remarks, she registered objection to the fact that the law school is so isolated from the legal community. Sponsor Walsh Dr. George Walsh, Professor of Philosophy at Eisenhower College, will be speaking at the University of Buffalo School of Law on Thursday, May 16. The title of his lecture will be lohn Rawl's Theory of justice: A New Ethic for the Welfare Stale. The lecture will take place al 11:30a.m. in Room 210 of Ihc |ohn Lord O'Brian Hall on the Amhcrst campus. Dr. i ,i-.nf,r W,iKh icteived his A.B. from Williams College and his Ph.D. from Princeton University. He was formerly the Chairman of the Department of Philosophy at Hobarl and William Smith Colleges. Prof. Walsh is the editor and translator of Alfred Schultz's Phenomenology of the Social World. He is now working on a critique of lohn Rawl's Theory of justice. The public is invited. — Dennis Cunningham Mass Political Defense: Mr. Cunningham, a Chicago attorney who is presently in Buffalo as a staff attorney of the Attica Brothers Legal Defense, described the events which led to his specialty in this area, and the problems of defending large numbers of defendants. In his work defending people charged with various crimes in connection with the Chicago Riots which followed Martin Luther King's assassination, arrests made at the 1968 Democratic Convention, and groups such as the Wcatherpeople, SDS, Black Panthers, and Young Lords, he noted that the mass arrests and count padding in these charges are generally designed to induce defendants to take pleas on lesser charges. By refusing to take pleas and insisting on trials, many of the defendants got charges dropped or lower pleas offered. Prisoners Legal Sam Fried Assistance Project: This division of the Legal Aid Bureau was originally intended to filter the large number of complaints of prisoners received by the courts. The large volume of the work has limited it to four categories: underlying conviction appeals, dismissal of detainers and warrants, civil problems (i.e., family relationships), and institutional grievances. The work is both frustrating and voluminous, said Mr. Fried, because it is compounded by abounding abuse of discrition by officials in the area, who have a great deal of discretion with little accountabil- Therefore, in drafting the 'Articles of Impeachment, the House of Representatives must not overlook that President Nixon received extra compensation clearly prohibited by the Constitution. These emoluments were in addition to Mr. Nixon's $250,000 annual salary and expenses. By agreeing to pay virtually all the taxes specified in the Congressional Report, President Nixon tacitly has conceded thathe did in fact receive additional compensation. Mr. Nixon might claim that he believed these public expenditures to have been legitimate costs of administration; however, he would still have to return the sums designated as taxable in- come-which total more than $125,000 according to the report. This amount would be in addition to the $432,787 in back taxes plus interest that the President has agreed to pay. After commenting on the importance of the relevant Constitutional provision, Alexander Hamilton writing in Federalist Paper No. 73 noted that the legislature can have no power to increase, or diminish thePresident's compensation during his term of office. "They can," Hamilton continued, "neither weaken his fortitude by operating on his necessities, nor corrupt his integrity by appealing to his avarice. Neither the Union nor any of its members will be at liberty to give, nor will he be at liberty to receive, any other emolument than that which may have been determined by the first act.. ." There is no precedent for the issue of additional income paid to a President because nobody else has managed the Presidency with such avarice as RichardNixon. Thomas G. Kobus, Alumnus Addlestone on Military Justice — ity. — Military Law: Mr. Jay began by noting that it is possible to do good work in the law David Jay and make money at the same time. He described the work he has done in defending Selective Service Law violations and cases referred by the ACLU. Success in any area, he noted, is insured if the attorney does his or her homework, and is well prepared for the cases. Larry Faulkner ACLU Staff Attorney: Cases come to a staff attorney through a lawyers' committee which screens potential cases, and refers the ones it accepts to the staff attorney. Most cases are in the areas of free speech, women's rights (Little League cases), hair cases, draft and military issues, and challenges to allocation of revenue sharing. One of the greatest problems in civil liberties in Buffalo at the moment, Mr. Faulkner noted, is the complete lack of any civilian review of police abuses. - DVFLecturer David Addlestone. by Kay Wigtil David Addlestone, ACLU Military Law attorney in Washington, D.C., spoke May 2nd on recent developments in military law. He was introduced by Bob Godlove, of the VVAW/WSO, who noted that Mr. Addlestone's background includes three years as an attorney in the Judge Advocate General's office, and a year in Viet Nam as a civilian with the Lawyer's Military Defense Committee. Mr. Addiestonc stressed that civilian attorneys are needed in the military law area, even though there is no present draft or war. Reasons for this include the fact that 2/3 of all federal prosecutions are courts martial, which have no Grand jury or jury. Another important area for civilianattorneys is discharge upgrading, since there are over a million veterans in the country who suffer d i sc r imination because of less than honorable discharges. The deteriorating quality of -centner JAG attorneys creates a need for alternative representation by civilians, whose presence can help curb abuses in the military. Mr. Addlestone noted that this is especially important now, since the military is returning to a 40's style of discipline which results in denial of many rights insured to G.l/s. Mr. Addlestone described several cases he has won, which include the successful defense of 55 minority G.l.'s charged in connection with racial disturbances in Korea, and most recently a successful attack on the drug searches that were being carried out in Europe. As a result of winning the drug search case, the Army drug program was changed; the command was forced to recognize the court orders that had been issued, and the G.l.'s retained fourth amendment rights. Mr. Addlestone recommended "Justice in the Military" by Public Law Ed. Institution for thosewho wish to learn more about military law. �May 14,1974 Opinion 8 Parting Thoughts We Wonder ... Second Year SBA Directors: (I to r) Carl Howard, Bette Gould, Bert Slonim, Shirley Bevel, Steve Kaplan. (Margaret Wong,absent). SBA Asks Probe of Attica Case by Laura Zeisel Rejecting arguments that such were beyond its scope, the SBA at its May 3rd meeting passed a resolution calling for the formation of a state-wide committee to investigate alleged biases in the prosecution of the Attica rebellion. The resolution, which passed by a 13-2 vote, with 2 abstentions, calls for the SBA and the Faculty ofLaw and Jurisprudence to approach the Criminal Justice Section of the New York State Bar Association and urge that a special independent committee be set up to investigate the allegations of bias, to establish definitively whether the allegations are true or false, and to make public its findings. The resolution sets forth 14 allegations of bias, along with their sources. It further states that as students of the only State University law school, SUNY-Buffalo law students have a special concern in insuring the fundamental fairness of the criminal justice process in New York State. Students working on the staff of Attica Brothers Legal Defense (ABLD) originally tendered the resolution for SBA consideration. According to Laurie Shatsoff, one of the drafters, the concept of such a resolutionhad been around for some time, but was given fresh Whether the sth floor courtyard, now ominously designated the "faculty courtyard," is indeed ever to be opened to students as was promised, back in the heady days of early September. Anyhow, it looks nice every now and again bashing in the sun. matters impetus by recent published reports that the Grand Jury investigating Attica had indicted a state police officer for the death of one of the hostages killed on Septem- ber 13, 1971, but that the prosecutor had failed to file the indictment with the Court. The resolution was first considered at the SBA meeting of April 26, but was tabledwhen several SBA members voiced a desire to know exact sources for eachallegation of bias. These sources were researched by ABLD workers and submitted on an amended resolution at the May 3rd meet- mgi_aw School faculty member W. Haywood Burns is currently serving as one of the coordinators of the Attica Brothers Legal Defense effort. Whether the Library will ever see the day when there are more materials on shelves where they belong rather than lying forgotten in carrels or on tables. Note courtesy of a glass ashtray in a facility where there is supposed to be no smoking. The Opinion staff wishes all our student, staff and faculty friends \B, PEACE'"" nion See you in September! t| � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-05-14 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6f989eef9c2f016fa5a30aa8b1596f0e.pdf 20a2aa3ba125f3048917f13f4e4b7201 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 12 Opinion Ruth Hauser fields questions at InternationalLaw Society/AWLS lecture. other cases therehas been little or no impact (as illustrated by the tenacity of the Union of South Africa in clinging to its policy of apartheid). The Declaration presupposes the creation of a U.N. military force to insure the protection of human rights. This military force has never been established, leaving observer nations essentially helpless in situations such as Biafra and Bangladesh where countries are abusing the rights of their own citizens and do not respond to the verbal expression of foreign disapproval. -centner On the April 30,1974 A tentative course schedule for for efforts to secure part-time facthe 1974-75 academic year, pre- ulty appointments for the Tax pared by Assoc. Provost William courses and the dropping of a secGreiner for the Academic Policy ond section of Gratuitous Transand Program Committee, reveals a fers or a third sectionof Evidence. number of "open slots" still reAddressing himself to other maining in essential course offerareas of deficiency, Greiner noted ings and acknowledges continuing that the School would be "a bit deficiencies in the professional light on upper division seminars in Among the open slots, or unfilled teaching needs, admitted in Two organizations of law stu- Permit No. 708 Report Cites Cont'd Program Deficiencies program. dents joined on Wednesday, April 17th, to hear an address by Ms. Rita Hauser, a prominent New York City attorney with the firm of Strook, Strook and Levan and the former U.S. delegate to the United Nations Commission on Human Rights. Speaking to members of the International Law Society and the Association of Women Law Students, Ms. Hauser dealt with the subject of human rights and within that topic, the development of women's rights. After briefly outlining the development of the basic concepts of human rights, Ms. Hauser described the formulation and substance of the Universal Declaration of Human Rights, the document developed to further one of the two basic purposes of the United Nations, specifically, the promotion of human rights and freedoms. This Declaration, adopted in 1948, and presently espoused by all the nations of the world, is the product of the United Nations Commission on Human Rights and describes accepted' minimum standards of human rights in both the political and social-economic areas. Ms. Hauser then gave a candid analysis of the political nature of the U.N. and the effect of this on the implementation and enforcement of the Declaration. Implementation has been through treaties (the United States has ratified none of them, thus limiting their effectiveness) and enforcement has besn through verbal censure in the arena of the United Nations. In some cases these methods have been productive of results (a case in point is the easing of some of the pressures on Jews wishing to emigrate from the Soviet Union) and in Buffalo, New York State University of New York at Buffalo School of Law International Human Rights Subject of Hauser Address by Robin Skinner Non-Profit Organization U.S. Postage PAID subject of women's rights, Ms. Hauser had several astute remarks. Viewing the world the Greiner report are one section each of Contracts, Torts, and Property and "at least two small group electives" in the first-year required curriculum. Unless teaching assignments can be made to cover such courses, the report suggests that perhaps only three sections of the deficient first-year courses be offered next year instead of four, resulting in substantially larger freshman sections. With respect to upper divisional courses, open slotspossibly will include one section each of Tax I, Tax 11, Evidence, Gratuitous Transfers, Land Transactions, and the Simulated Law Firm, a new clinical program to begin next fall. The exact configuration of the deficiencies will, the report hints, be d c termined by whether Prof. Kenneth Joyce goes on leave next year or, assuming he does not, what courses he will be teaching. If Prof. Joyce does take the two-year leave, whichhas been ap- situation, she sees that great strides have been made. She believes that the advances in education, political impact and leadership made by women are due in part to the article in the Declaration establishing the equality of men and women. The effectiveness of this can be viewed especially in the Latin American countries where women's rights with regard to birth control and aborproved, contingency plans provide continued on page 4 the Fall" and surmised that "it will become increasingly difficult to staff enough seminars to handle the enlarged student body unless we make some sense out of the seminar elective distinction, and until we add more faculty." Hints are that the seminar requirement is seen as impractical for a class the size of this year's first-year class and might have to be modified. Review of teaching assignments, Greiner continued, "suggests that we are weak in the Corporate fields... that we need another proceduralist, and that we should add one more person in the commercial law area." Particular weaknesses were cited as business organizations and planning, securities regulation, and international transactions. In addition, the report mentioned that the first-year small group electives, initiated this year as a research and writing course, have proven to be "less than a complete success" and should be discussed by the APPC "as soon as possible." HEW Grant Sought for Criminal Justice Specialist Training Clinic In an unpublicized proposal submitted recently to the HEW Public Health Service and to the School's own Academic Policy and Program Committee,Provost Schwartz and several faculty outlined the operation of a new criminal law clinical program, designated "Training Lawyers as Criminal Justice Specialists," which they hope to launch next fallwith a substantial HEW Mental Health Grant. The project, for which $77,220 is sought next year and over $271,000 for the projected three-year life of the program, lists as its "most fundamental and important objective" the graduation, of students "who are highly skilled and motivated to seek reform in the administration of justice." Under this general rubric, the program is intended to improve understanding of the functioning of law in its social setting, to "sensitize students who are predominantly whiteand middle-class" to the problems of the poor and minorities in the criminal justice system, to amass empirical data on that system, and to "produce a cadre of highly-trainedchange agents" who will implement reforms in the system. The Criminal Justice Specialist program envisions a "sequential mode of instruction spanning the three years of the professional program, moving from theoretical exploration to observation of practice, to application with each stage subject to continuous evaluation and control." With the HEW grant, the demonstration period would begin next September with program participants enrolling in the basic first-year Criminal Law course, after which they would, in the spring semester, enroll in two required seminars on "Perspectives in the Criminal Justice System." The first would provide students with a detailed study of the components of that system, while the second seminar would explore theories of crime control, sanctions, and their justifications. The sessions, in which participants would also be exposed to social science methodology, are likely to be directed variously by faculty from the Philosophy, Sociology, Psychology, and Political Science Departments. The second phase of the program, which is planned for the summer and fall of 1975, is designated the"observation phase," and it would involve deploying participants throughout the criminal justice system as observers at various stages of the criminal process. The perspective would, with the spring semester of the student's second year, then shift from observation to actual participation, with the "clinical phase" of the program entailing intake interviews, case research, drafting memoranda, and writing briefs for the trial litigator. The clinical phase would carry through into the fall semester of third-year, during which participants would actually be assigned to represent indigent defendants or assist the prosecutor in misdemeanor cases in the Buffalo City and Family Courts. By the spring semester of their third year, participants wouldbe invited to return to the classroom for an advanced seminar in criminal justice, entitled "Planning in the Criminal Justice System," Each student will select a problem related to the administration of justice and seek to develop a "model for constructive change in the named area." The demonstration project, planned to run from 1974 to 1977, will also permit the testing of some hypotheses with the participating students, chiefly whether participants in the program might tend to be drawn from low-income groups, minorities, and females. Program directors are also interested in studying whether participation in the program strengthens students' commitment to systemic reform or actual career work in the criminal justice system. The hypotheses were suggested by the studies of Yale Law Professor Robert Stevens, who continuedon page 4 �April 30, 1974 OPINION 2 Footsteps in the Night Editorials To the editor: A new multi-million dollarlaw Reorientation Question Revisited building opens. One of the many women law students leaves the Library at midnight and begins her five minute walk to the sunk- The concern has been periodically reflected al faculty- lion's share of new monetary and manpower resources into en and unlit parking lot. She is meetings, most paniculariv back in February when almost those courses and clinics more related to the social sciences, alone and becomes progressively every course in the catalog was cited as an unmet deficiency law reform efforts, and ideological fashion. More traditional, more fearful as she nears the dein our professional program, but few faculty and perhaps yet utilitarian, courses have been left to wither on the vine. scent to the parking lot. She wishThe School now appears ready, in the form of the es that there were a patrolling sefewer administrators have realized the blow to student morale that has been wrought by the School's failure to proposal for criminal justice specialist training (story p. l),to curity car in sight, or at the very the parking lot were lit. secure needed faculty appointments and consequently to embark upon another costly venture into narrow specializa- least, that tion within an area which presently claims abundant resources, a costly venture in that it will obviously divert If anything, the list of deficiencies in the professional faculty and material support from critically deficient areas program has only grown since February, to the point where of the professional program. students are voicing legitimate concern over the dearth of In an editorial in the last issue, we raised the question course offerings in major areas and openly questioning the of whether a reorientation of the School's priorities might be motives of administrators and faculty who set priorities for needed. In this editorial, we urge an answer in the affirmathe School's development. Certain areas of law and practice tive and express the hope that the faculty, having in the past appear to have become the victims of a policy of deliberate skirted around the problem, will at least deal honestly with neglect, deliberate because of priorities which are funneling a the question in the near future. insure a well-rounded program here. Visual Pollution Several lower floors of O'Brian Halt took on a carnival look, somewhat comparable to SBA elections, last week when several outside political groups selected almost every available brick surface to festoon the building with proclamations of their latest cause celebre. The incident was hardly the first of its kind in O'Brian Hall, and if Norton Union is to serve as the woeful example, likely not to be the last either. Expanding concepts of environmental preservation ha\e included recognition of the perils of "visual pollution," the result of helter-skelter ad hoc development in disregard for aesthetic \alues, and it indeed seems that such pollution is inundatingO'Brian Hall. Law students, it might be hoped, would have had the sense to discourage this visual pollution of the building, exhibiting reasonableness in the display of advertisements and posters, but regretfully, this has not universally been the case. The faculty, administration, and University authorities have been likewise derelict in their failure to prescribe and enforce a reasonable "sign control ordinance" to protect building aesthetics. Stifling Atmosphere The Buffalo Courier Express last week initiated, appardue to lack of recognition from other quarters, a regular feature honoring selected public servants in various fields of endeavor, the need for which should cause us some entJy reflection. In as much as the legal profession entails public service as one of its highest responsibilities, one might conclude that the value of such service would indeed be prized in student life here and that those rendering it, often withoutacademic credit or monetary remuneration, would be entitled to our collective appreciation. Sadly, this has not always been the case in our microcosmic society, for the atmosphere we sustain here simply seems less conducive to public service than it ought to be. Whether because of the competitiveness that some stu- OP 1"'0" SSS Editor-in-Chief: Ray Bowk Managing Editor: Photography Editor: Terry Centner Alumni Ediior:-Ea/1 S. Carrel Shelley Taylor Convissar Business Manager: Dennis Pasiak Feature* Editor: Kay Wiglil Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Cindy Lowney Opinion is published every other week, except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, JohnLord O"Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Suff of Opinion. Opinion is a non-profit organizatwn. Third Class postage entered at Buffalo, New York. Opinionis funded by SBA from Student Law Fees. She walks on. As she walks faster and nears her car, she hears footsteps from behind. She clutches her books to her chest and says a silent prayer. The footsteps grow closer to her. Then a hand grabs her shoulder and she screams. No one hears; no one sees. She is lucky that it happens to be a friend. What is to become of the woman when the footsteps are not another student and are those of the rapist who sees a woman, alone, in an unlit effectively secluded and scarcely patrolled parking lot? Let us hope that this fiction does not become fact —Sandy Presant We urge all concerned parties to consider formulating internal regulations to safeguard the multi-million dollar investment in a clean and attractive academic plant, perhaps by reserving either the first floor cylindrical bulletin board or the second floor circular board for non-official advertisements or posters, while banning such outright in other areas of the building. The administration and SBA organizations must, in addition, cooperate by similarly limiting the number and circulation of "official" notices or posters, preferably by designating certain bulletin boards and walls for that purpose. Such measures must, of course, be taken with caution lest they lead to the dampening of free expression of opinion, but even the most reasonable of regulations is To the Editor, Assuming, just for the sake of bound to fail where there is no determination to enforce them, hence we would strongly urge strict enforcement once the argument, that there is some actual basis for the fast Opinion's such regulations are promulgated. In any case, let's get moving before the next wave of "Meatball" editorial on the dedication protest, the author's sarcasvisual pollution washes over us. tic reaction to the events described makes a splendid example of a rhetorical technique that is basic to established media criticism ofradical groups. dents are willing to let characterize student life here, or This is the "when you're a Jet, you're a Jet all the way" school of because of the mushrooming apathy that has strangely outthought, which holds that anyone stripped the growth of the student body, some students, perhaps a significant number, harbor actual resentment for who does not embrace middle-ofthe-road consciousness must be any display of public service by their peers, such resentment pure. One example of this insispossibly sparked by motives we prefer not to dignify by mention. In some instances, the greater the public service tence is that any artist or poet who is not starving is suspect. Peoand the competence with which it is rendered, the more ple who hold radical political resentment it seems to generate among those whose own views are expected to be angry services are more often limited to themselves or a narrow every second. Thebest way for an vested interest they happen to espouse. American radical to achieve crediIf public service is considered an integral part ofeduca- bility is to get killed. tion for the legal profession, and it ought to be, then the A complementary rhetorical atmosphere we, as students, permit to prosper here certainly device is to accuse a group of being "too extreme" and thus "polaugurs ill for that profession. arising the community." Establishment media can employ this self-righteous pincer tactic because its own hypocrisy is institutionalised in organizations .iiul authority-figures who are no liwgei expected to he principled. One wonders what real conAs previously reported, the meeting will he held on cerns for Innn.m rights lie behind Committee on Long Range Wednesday, May 15, at 3:30 In Opinion's insistence on purity in Planning is preparing a plan for Room 210. Ms prattttort and decorum in its the development of this Faculty dedication*. over the coming years. The The Planninit CommJUflfl John Stuart Committee is interested in would be h.ippy to receivo any information about the quality of form of student Input .mil would t tiitor's Note: Rather, we wonstudent life at the Law Schooland particularly welcome corn leto </(*/, m ny Jut in the editorial in proposals for enhancing it. We proposals thiti minhi ho c/ftrf in this IPtttt, whether the are scheduling an open meeting to incorporated into Its report. Any mvititiitif /i/i'm/in/ZiW imperatives discuss student life, including group or individual lludlhi who tuiituitt'it by "tMtfivufs"entitle the matters of facilities, activities, wishes to ho heard ■.liouki ttllttiul wme to tomur the httsk amenities organizations and generally this meeting. It limHidi iiftti >■ iff tit iMtttwn, *wn white opportunities for professional and information is dptlttul, i>i. i.. ikuthtmifttii f/if \htnthut or* the personal development within and contact Marc GjUmioi In Kotim i "iv iff >\h\iu> u'tih they so assiduoutside the curriculum. The 511 (Ext. 2102). Middle of Road Consciousness Long Range Planning Asks Student Input * �April 30,1974 OPINION Briefs ... The People's Progress 3 President's Corner by Donald Lohr By Ray Bowie By Shelley TaylorConvissar On Friday, May 3, O'Brian Hall will host a day-long conference on the legal rights of one of the least talked-about yet most legally burdened groups the gay community. Harming no one yet committing victimless "crimes" every day of their lives, these men and women suffer at the hands of the law in a variety of contexts. From child custody to employment, from taxes to civil rights and the criminal law, gay people have fewer rights than heterosexuals and, indeed, fewer rights than almost any group today. Without camouflaging their identity (which in itself is a serious infringement on civil rights), gay individuals must endure disabilities in nearly every area of the law. Aimed at five main areas of the law, Gay Rights and the Law is designed to offer the law school population an otherwise unavailable educational experience, joining law school professors, local attorneys, judges and nationally known experts in the field, the conference should inform (and hopefully inspire) students, faculty, staff and visiting - participants. Among the distinguished speakers in the panel discussions throughout the day will be Erie County Court justice Joseph Mattina and Buffalo City Court Justice Alois Mazur. Joining them, Professor Holley, Buffalo Attorney Richard Rosche and Captain Kennedy of the Vice Squad, Buffalo Police Department, will discuss, among other issues, the constitutionality of the consensual sodomy laws of this and otherstates. In addition to local attorneys Barbara Handschu and William Gardner,' the conference will also include law ■ school faculty, including Professors Jacob Hyman, Kenneth Joyce, Louis Swartz and Dannye Holley. On each panel, in addition to a balanced composition of academicians and practitioners, the gay experience will be explained by a gay individual with personal knowledge of the effect of the legal system on the homosexual in each area. The conference will also feature nationally known experts in the field of gay rights including E. Carrington Boggan, an attorney and member of the law firm of Rogers, Hoge and Hills, who also acts as General Counsel of the Lambda Defense Fund, Chairmanof the Committee on Equal Protection of the Law of the A.B.A. Section of Individual Rights and Responsibilities and has authored chapters in both The Rights of New Yorkers and The Rights of Gay People: Other widely known participants include Franklin Kameny, Chairman of the Legal Committee of the Gay Activists Alliance, Member of the Board of Directors of the National Gay Task Force and expert witness for trials and administrative agencies; Bruce Voeller, Executive Director of the National Gay Task Force; and Nath Rockhill ofthe New York State Coalition of Gay Organizations. The panels, covering the most common legal problem areas for the gay individual, will attempt to give participants the a comprehensive view of the law for this segment of our population. Topics to be discussed include Legislation and Litigation Potential (10:00 A.M.), Employment Discrimination (11:00 A.M.), Student-Civil Rights (12:00 noon), Family-Property Law (2:00 P.M.) and Criminal Law (3:00 P.M.). To preview, the discussions should center on some basic issues highlighted by the gay individual in each area. For instance, in the Family-Property Law panel it is expected that the legality of the gay marriage will be discussed as well as custody and tax problems for gays. And, in the Student-Civil Rights panel, Professor Mann will address himself to the recently uncovered problem ofgays with their admission to the Bar after graduation from law schools. Other areas clearly speak for themselves: employment discrimination and the criminal law are general areas which will be discussed from the point of view of those fighting them, those upholding them, and those feeling their effects. The first panel, Legislation and Litigation Potential, should deaf with the concepts of strategic litigation for the gay issue and possible legislative reform. The conference will continue throughout the day, from 10:00 A.M. to 5:00 P.M., in the Moot Court Room and Room 106. Students, faculty and staff are invited to view any one or all of the panels. An informal-reception after the Conclusion session will be held in the first floor loungeand daycare facilities will be available. The scheduled panels and speakers are as follows: continued on page 4 The need for a full time professional placement facility at the State University of New York at Buffalo Law School is abundantly evident. According to Opinion, April 5, 1973, the inspection team of the American Bar *The directors of Distinguished Visitors Forum, the SBA speakers bureau, have reportedly been questioned by SBA officers and others as to the steady series of left-oriented political speakers invited as DVF guests to address topics ranging from political prisoners to prison life, to Attica, to Wounded Knee, to radical feminism. DVF Chairman Gordie Tresch, who apparently at times has not been aware of speaker arrangements made by fellow DVF members )oe Heath and Sue Silber, has been urged by SBA to insure greater balance and professional orientation in the program. Heath and Silber are both members of the radical left National Lawyers Guild, whose local student chapter had written months ago, in chapter minutes, of plans to "take over" the Visitors Forum. Association and Association of American Law Schools cited the placement facility at the Law School as "totally inadequate" based upon the proven experience of graduates. Nevertheless, the inspection team concluded that Buffalo Law Schoolhas the potential to become "one of the nation's outstanding law schools." However, without the commitment by the State to fulfillmentof the kind of needs demonstrated, an invaluable resource may remain underdeveloped. Although all concerned are highly appreciative for John Lord O'Brian Hall, this commitment should extend to software in terms of personnel as well as hardware. Apparently, the University administration and/or Law School administration ostensibly recognize that an integral part of the professional program at the Law School consists of the provision of placement assistance to the graduates of the system. In the official Bulletin for 1972-1974 of the Faculty of Law and Jurisprudence,State University of New York at Buffalo, at 43 under the rubric of Placement, the clear and uncontrovertible representation that the Law School operates a Placement Office separate and distinct from University Placementand Career Guidance stands out boldly. Regardless of the recent appearance of progress in the area by virtue of the establishment of the Career Development and Placement Office, the basic situation has remained unremedied. The allotment of a teaching line to this- office with the concomitant fifty/fifty division of time between teaching and administrative functions results in the kind of part-time arrangement the Law School has suffered under in the past while utilizing the University Placement and Career GuidanceOffice. Although the foundation of a cause of action for misrepresentation seems to have been laid, the StudentBar Association has attempted to work in a spirit of cooperation with both the Law School and University Administrations to solve the chronic placement problem. To this end, the SBA, in good faith, on December 20, 1973 made the following resolution: *Wheels are spinning, it is understood, in response to a project undertaken by SBA Vice-President Rosemary Gerasia to acquire a "health room"downstairs behind the Moot Courtroom where tired or ill students might be able to avail themselves of cots and have access to limited medication. The administration responded first to the request by installing couches in women's rooms, but Ms. Gerasia is still pursuing the possibility of a "health room" with Assistant Dean Marjorie Mix. *ln reaction to Opinion reports of "leaks" of confidential information from the Admissions Committee, which received such informationabout current students as part of a study on LSAT correlations, the Committee has reportedly agreed not to use records containing students' names and personal information in the future. *At the time of or shortly after the recent day care survey sponsoredby Law Wives and Women Law Students, a group of female students apparently met with Provost Schwartz to sound out the possibility of day care facilities actually being established in O'Brian Hall itself, rather than elsewhere on the North Campus. *O 'Brian denizens found themselves waiting significantly longer for thoseinevitable elevator rides most of last week, as the usually more troublesome of the two elevators burned out a motor part that left it completely WHEREAS, the S.B.A. of SUNY Law School recoginoperable for four days, tn the operable car, the fourth floor button, it was discovered, often proved incapable of nizes the need for adequateprofessional placement, and WHEREAS, the history of the placement facilities at bringing the car to a stop on the fourth floor. SUNY Law School clearly shows gross inadequacy in this �Smoking, eating, and even drinking in the library area, and WHEREAS, the S.B.A. of SUNY Law School have caused mounting protest to library personnel, who claim that they cannot police the library nor order anyone wholeheartedly welcomes and most strenuously supports of a dual "director" to leave unless the suspect is actually caught eating or the establishment and development drinking on the premises, mere possession not being placement office at SUNY Law School. it resolved that the S.B.A. of SUNY Law School Be sufficient. Unexplained, according to one student who inquired, is the reason for glass ashtrays in many carrels, hereby suspends the S.B.A. By-Law pertaining to a seven day notice for allocations money, and Further that the while smoking is supposedly prohibited. S.B.A. of SUNY Law School hereby allocates the sum of *A minor crisis in the bookstore, according to $3000.00 to the placement office at SUNY Law School manager Mary Lou Palesh, is the inability to restock for supportive services and development for the academic yellow Flair "Hot Liners," which sold out some time-ago year 1973-74. At that time, the members of the SBA Placement due to steady student demand. Pink and blue highlighters, as well as yellow markers of other makes, have not been Committee were led to believe that such funding would eliminate one of the two obstacles to the establishment of selling well as substitutes. continued on page 6 continuedon page 6 Amerikan Injustice By theBuffalo Chapter of the National Lawyers Guild Lt. William Calley's sentence was recently reduced to Center at the University of Wisconsin. Thebomb went off a maximum of ten years. He is currently free on bond. in the early morning hours when normally no one would Before that he was "confined" to his Bachelor Officer have been in the building. Tragically, a graduate research Quarters apartment where he drank Scotch, watched assistant was in the building and was killed. Army Math is the tube and listened to his stereo. He has been convicted part of the technology that is used in the process of of shooting or ordering the shooting of more than 100 dropping many times more tonnage of bombs on the tiny Vietnamese old people and children. nation of Vietnam than were droppedduring the whole of There is no doubt that he intended to kill these people. Even the Secretary of the Army, Howard Calloway, who was the most recent to reduce his sentence, said that he had no question of Calley's guilt. There were indications that Calley's sentence would be even further reduced. (.alley gunned these people down. His only defense was that he was following orders (just like being a good German). Apparently, to Calley and many other people in this country, these victims were less than human because they were Asiansand not whiteNorth Americans. Karl Armstrong was recently sentenced to 23 years on state charges and 10 years on federal, to run concurrently. Karl pleaded guilty to second degree murder. A bomb was planted in the Army Mathematics Research . World War 11. Karl Armstrong's intentions were also clear; he was trying to draw people's attention to the slaughter in process in Vietnam and he hoped to stop the destruction and end the killing there. He was protesting atrocities of the nature of Galley's slayings and the bombing of Bach Mat hospital. These two sentences are not totally separate incidents. They are the products of the same society. One in which white lives and white people and property are more valued than non-white lives and non-white people. How can the same nation be so generous with war criminals like Calley and so reluctant to grant amnesty to thosewhorefused to go do the killing? �Hauser on Internat'l Human Rights continued from page 7 tion are being supported by in- . April 30, 1974 OPINION 4 HEW Grant Sought For Training Clinic continued from page 7 has found correlation between reformist attitudes and students' race, sex, and socio-economic status, which correlations led him to suggest that law schools consider excluding "some students of affluent families. 11 Participants in the program will be twenty full-time law students selected at random from those indicating interest in specialized training next fall. The commitment of faculty resources outlined in the proposal promises to be substantial, involving 50% of a full professor's teaching time, 50% of an Associate Professor's time, and 25% of the teaching lines of three Assistant Professors. Provost Schwartz, designated as the Program Director, would devote 25% of his time to the project, as would Norman Rosenberg as one of the three Assistant Professors. Other faculty involved in the project will be Herman Schwartz, who will devote 50% of his time to it, and Marc Galanter, whose participation will be limited to 15% of his teaching duties. With the one exception, the salaries for the faculty participants would be fundedunder the School budget, while the HEW grant would provide a support staff of two instructors, an administrative assistant, and two secretaries. creasing numbers of people. Ms. Hauser feels that the Equal Rights Amendment should not be an amendment to the Constitution since the word "person" in the original document should automatically include women. She concedes, however, that since the Supreme Court has failed to make a broad ruling in this area, even when presented with the opportunity, that a constitutional amendment may be the only way to insure equality. Following the address, a reception was held in the Fifth Floor faculty lounge at which students were given an opportunity to speak informally with Ms. Hauser. Legal Studies Program continued fromprevious issue In effect, the ciinrcai curriculum will be merged into two teaching law offices, each containing several specialized components. Each of the three to five components "an People's Progress expansion of involved departments to 10 with an of about three students each. Thus the population of joint-degree students in the Law School would continuedfrom page 3 presumably be about 30 entering each year. will have a full-time faculty member associated with it. It was agreed that such joint-degree programs were so LEGISLATION AND LITIGATION POTENTIAL- 10:00 Each of the civil law components will have a different subject matter base and will be designed to emphasize desirable that sufficient faculty commitment to their A.M. the development of lawyers' skills and/or training for a implementation would be both necessary and fully particular mode of practice. During the 1974-75 academic warranted. The details of admission to these programs, Dr. Franklin Kameny, Mattachine Society, Washington monitoring of student performance, and setting of D.C. year, the Civil Law Clinic will probably contain three components all of which are presently included within our requirements is currently being formulated by the Mr. Don Micheals, Buffalo Mattachine Society President particular set of intellectual concerns or social problems, Advisory Board on Law and Social Science programs, Mr. Bruce Voeller, National Gay Task Force could serve as the bases for a program of research {and consisting of nine members of this Faculty and Ms. Nath Rockhill, N.V.S. Coalition of Gay Organizations perhaps teaching) and exchange in an area of shared representatives from the concerned departments. The basic design of the program is that the student EMPLOYMENT DISCRIMINATION 11:00 A.M. interest, linking members of our faculty with other parts of the university and with scholars and practitioners must qualify for admission to both degree programs, that outside the university. To give some idea of the range of he spend one full year in each of the two disciplines, while Mr. Cary Boggan, Lambda Defense Fund undertaking we think deserving of support, we sketch remaining in consultation with a member of this Faculty Dr. James D. Haynes, Biology, SUC at Buffalo three, possible centers proposed by members of this and the other concerned department throughout jhe Mr. Jacob Hyman, Professor program. The entireprogram will ordinarily take five years Dr. Franklin Kameny, Mattachine faculty. (i) A proposed Center for Studies in Criminal justice to complete. In terms of our curricular requirements, it Mr. Dick McGinnis, Mattachine (to be supplied by Herman Schwartz) would probably be sufficient to offer ninehours ofcredit Ms. Bonnie Strunk, Syracuse Attorney (ii) A proposed Center for Law and Education {to be for the JD for courses outside the professional program (th Newhouse) Wade supplied by usual number being six) which might be separate courses STUDENT CIVIL RIGHTS 12:00 P.M. (iii) A proposed Center for the Study of Law and or all taken for credit for work on the dissertation. Development In order to maximize the growth and effectiveness of Mr. Cary Boggan, Lambda Defense Fund As part of its legal studies program this Faculty might the joint-degree programs, this Faculty must contribute Mr. Alan Ellis, Gay Liberation Front at UB undertake to establish a Center for the Study of Law and faculty advisement for each joint degree student by Dr. Franklin Kameny, Mattachine, Washington D.C. Development. This Center would be a place for research, someone who will work with the advisor from the other Mr. Howard Mann, Professor training and intellectual exchange on the relation of law discipline. This will involve some commitment of Ms. Bonnie Strunk, Attorney and large-scale social change. manpower. We propose the faculty members so occupied This Center should be visualized as a vehicle for a might constitute a joint-degree program committee of this FAMILY-PROPERTY LAW 2:00 P.M. major commitment to a comparative study of the legal Faculty. process along lines quite different from traditional F. General conclusions Mr. William J. Gardner, Buffalo Attorney comparative law study oriented to the law in action, to We emphasize that these variousactivities which taken Ms. Barbara Handschu, Buffalo Attorney developmental problems, incorporating a variety of together make up the legal studies program need to be Mr. Kenneth Joyce, Professor empirical research methods and attempting to connect up recognized as an important part of the mission of this Ms. Bonnie Strunk, Attorney with social theory and to break down the isolation of Faculty. Not only should they provide a basis for Mr. Louis Swartz, Professor comparative and domestic studies. important contributions to our knowledge of legal process, Mr. Bruce Voellner, National Gay Task Force The Center's training programs should not be confined but they should feed back into and enrich the professional to the form of regular course-work for credit. Another program. We would expect this enrichment to take place in CRIMINAL LAW 3:00 P.M. appealing format,and one appropriate for reaching a wider several ways. First, by helping to create an atmosphere of audience, would be that of intensive research workshops. critical inquiry into the nature of the legal process. Mr. Dannye Holley, Professor Such a workshop might be run periodically for a select Second, by helping to generate new learning that can be Captain Kennedy, Vice Squad, Buffalo Police Dept. group of younger law teachers, mainly from the less incorporated into the professional program and new Hon. J. Mattina, County Court Justice developed countries, who are temporarily in the United interests among the faculty in utilizing it. Hon. A. Mazur, City Court Justice States for advanced training. The various legal studies undertakings set out here Mr. Richard Rosche, Attorney It is worth stressing that such a program needs to be require significant portions of our Faculty's time. We do Mr. Bruce Voellner, National Gay Task Force average — - - - - international and multi-lateral in its scope. The U.S. has no monopoly in the field of social research on the legal process. Several developed countries (notably the Scandinavian countries, Germany and Japan) have a flourishing tradition ofresearch in this area and there are a scatter of interested individuals in a number of under-developed countries. One of the aims of the present proposal is to provide channels for effective contact between the scattered undertakings, making them available to American legal education on the one hand, and to the under-developed countries on the other. E. Joint-degreeprograms It was agreed that joint-degree programs should form a significant part of our legal studies program. We contemplate a widearray of theseprograms in conjunction with departments in the Social Sciences, the Humanities, the Natural Sciences, and Engineering. There are presently at least 17 law students enrolled in graduate programs in at least six departments (Architecture, History, Management, Philosophy, Political science, Sociology). We contemplate not think these contributions should be confined to the tenured part of the Faculty. Therefore it is extremely important that adequate recognition be given to such activities in evaluation performance for tenure purposes. In addition, the Faculty should move forward in making some appointments of scholars whose major field of activity will be in the legal studies undertakings. We note the rather slow progress that has been made in filling the so-called ten "inter-disciplinary" lines which have been promised to this Faculty. For present purposes, we may take the ten lines (out of the projected 55) as a rough rule of thumb. By this standard, we are quite under-represented in staffing our legal studies programs. CONCLUSION -4:00 P.M. Mr. Cary Boggan, Lambda Defense Fund Mr. Don Micheals, Mattachine,Buffalo Dr. Franklin Kameny, Mattachine, Washington This conference has been generously funded by the Student Bar Association, the Law Student Division of the American Bar Association, the Mitchell Lecture Series, and the National Lawyers Guild. The organizers would like to thank all those who have contributed thought, encouragement and resources, especially Mr. Marc The number 10 should be taken to mean not 10 Galanter, Laura Zeisel, and Ben Slonim. Again, this persons but 10 FTEs. We would therefore expect that the student-run project is for the benefit of the school as well commitment to legal studies would not necessarily mean as the community. Take advantage of it. that a given number of individuals were "legal studies" appointments and others were not, but that a fairly large portion of the faculty would in one way or another be involved with legal studies undertakings. �April 30, 1974 OPINION 5 Turn of the Screw by lan DeWaal The item of most immediate interest to most of us is what is happening with the Scholar Incentive Program and State University Scholarships in the State Legislature. A conference was supposed to be held last week between the proponents of the Costigan bill in the Assembly and the Stafford bill in the Senate with the Governor to iron out theirdifferences. I have written before that the Costigan bill appeared to create the most problems for law students. However, that defect has been corrected with the addition of a "saving clause" which wouldallow the program to continue "as is" for those students already in the currervt program until they graduate. An agreement must be had in the next week or two since the legislature is rapidly approaching its summer recess. If no agreement be reached there is a long-shot chance that there won't be any can Scholar Incentive program next year. If you are concerned about this matter it would be advisable to immediately write your state legislators to express your support for the Scholar Incentive program. Syracuse Law Dean Judith Younger advises women students on law careers. -centner Woman Dean Addresses Prospective Law Students By Cindy Lowney Under the direction of Dr. Jerome Fink, pre-law advisor at SUNY at Buffalo, a "Women and the Law" program was held on Saturday, April 20, at the Main Street campus. The purpose of the program was to introduce undergraduate and community women to law careers. The keynote speaker was Judith T. Younger, Associate Dean of Hofstra University School of Law, who will, in July, become the. first woman law school dean in New York State at Syracuse University Schoolof Law. Dean Younger received her B.S. degree from Cornell University and her law degree from New York University. In addition to her present work at Hofstra, she is a consultant on marriage and divorce for the National Organization of Women (NOW) and is a trusteeofCornell University. Younger delivered a speech on her personal experiences in law school and work. She began her talk by telling the audience of her role as a wife of 19 years and a mother of two girls "freely chosen after deliberate thought." Then she proceeded to exactly speak about the crux of the conference how she had gone about "making it" in a man's — profession. Younger stated that there were only 1,883 women in ABA approved law schools in 1963, as compared with 16,460 in 1973. This, she explained, accounted for "Stage I" that she went through while a third-year law student, that of trying "to be like a man." After being told by the dean of the NYU Law School that, despite her good grades and law review membership, she would not be given a letter of recommendation for a federal clerkship with Edward Weinfeld, but instead should work in the area of Trusts and Estates and "settle down, start to cook and entertain for Irving" (her husband}. Younger wasserious. She told her husband ofthe problem and he told her to "demand" that she be considered by the Dean for the position. Eventually, Younger got the job under the recommendation that she "is as beautiful as she is brilliant." This led to Younger's "uniform" of a black suit and a white blouse while she was clerking, to prove she could be just like a man. After she began to accept herself as a woman, Younger went into Stage 11, pregnancy. She never stopped working and said the biggest problems she encountered as a working mother were those of finding a competent babysitter, housekeeper, a nursery school,and a day care center. Stage 111 of Younger's life was "characterizedby getting old." She said she was much more relaxed about her sex, and her role as motherand wife, since her children had begun school and her husband was "accustomed to eating out." She considers herself now in Stage IV, that of feminism being an asset. Younger said that she very often gets comments from her colleagues such as "you didn't get the job on the merits (law dean); you got it on your sex." She is not insulted by this, but feels that it is about time women are recognized in the field of legal education. Younger urged the women to "join us, come to law school, as a deliberate choice after considering all of the alternatives." When Younger finished her speech, questions were directed by the audience to her and a panel comprised of women from the SUNY Law School. Marjorie Girth, Associate Professor; Janet Harring, Assistant Professor; and students Regina Felton Gwan and Laura Zeisel answered specific questions regarding SUNY at BuffaloLaw School, as well as questions on accredation of law schools by the ABA, financial assistance, law school curricula, recommended undergraduate preparation, and emotions. The session was ended with a remark by Younger that "the key to real liberation is that you are financially independent. .Good luck." The next session on "Women and the Law" will be held on May 4 at Capen Hall, Main Street Campus at 1 p.m. Peter Winograd, a Harvard Law graduate who formerly worked in administration at NYU and is presently with the Educational Testing Service (ETS), will be the keynote speaker. He will address the students about the LSAT and LSDAS. Provost Richard Schwartz of the SUNY at Buffalo Law School will also speak on law schoolsand law school admissions. All in terested men and women, whther prospective law students or part of the law community, are invited to attend to learn about the abovementioned topics. AWLS Elects Officers, Plans Future Activities Officers of the Association of Women Law Students (AWLS) for 1974-75 will be: Karen Leeds, President; Carol Matorin, Vice-President; Cindy Lowney, Secretary; and Betty Gould, Treasurer. The announcement was made at the AWLS meeting on Thursday, April 18. The new officers stressed the need for stirring interest in the organization, since it has been relatively inactive in the past. The women are actively recruiting those who are interested in projects such as day care planning and implementation; recruitment and orientation of new women Summer registration will begin on May 1, You should plan to register as soon as possible because of an experimental registration process being used. When you fill out the computer registration form, the Registrar's Office will keep its own list of students registering in the order that they register. Thislist will be used to decide the official classlists In case there is a demand exceeding class size limitations. In other words, registration will be first come, first served, so get there early. There is some relief available for students who have an overburdening exam schedule. Anyone who has three or more exams consecutively in a given week, or who has four or more exams in a given week, may have their exams rescheduled. See Mr. Wallin in 314 if you desiresuch a change. Finally, if you have any questions regarding financial aid for next year, please see me in the next two weeks. My schedule as''well as your schedule is likely to be erratic during exam week. I'm in 301. ' Search Begun Have You Seen This Man Lately? . law students; placement; and affirmative action programs on the hiring of women faculty members. All interested are asked to contact the officers at Room 509,0'Brian Hall. The next meeting will be announced next week via bulletin boards. The School administration has quietly expressed concern as to the whereabouts of Kenneth Davidson, professor of torts and sex discrimination, who suddenly disappeared several weeks ago after being informed by colleagues that beards and long hair had become unfashionable in the "Gatsby Era." Strangely, Professor Davidson's mail and pay check have been regularly picked up since the disappearance, and students have reported that Mr. Davidson's courses have since been conducted by a young graduate student sporting the "Gatsby look." One student alleges that he heard a familiar Davidson squeak from within the missing professor's office last week,but it has been thought that only the graduate assistant has been using that office during theabsence. It is suspected by some faculty colleagues that Davidson had become despondent shortly after both Howard Mann and Dannye Holley succumbed to hair trims, though neither went as far as the "Gatsby look," the essence of which is a plastered-down, non-hirsute appearance known to be anathema to Davidson. One faculty jokester, preferring to remain anonymous due to the tendency of jokes to become truth at the Law School, started the rumor circulating that Davidson had himself followed the "Gatsby" trend, but the only extant photos of Davidson provide no assistance as to discerning his appearance were he actually to have shaved. �6 April 30, OPINION 3rd Year Student Seeks State Assembly Seat by Gary Muldoon When other seniors are seeking jobs or contemplating unemployment, one senior will be busily looking forward to a job in Albany—in the State Assembly. Rolland Kidder, a third-year law student from ]amestown, New York, is actively seeking the Democratic nomination for the State Assembly in the 150th District. Kidder, 33, is challenging the Republican incumbent, whom he characterizes as a "cosmetic candidate." Kidder is no newcomer to politics, having been active for the past eight years in various Democratic Party campaigns. He first became involved in politics in Indiana in 1966, working in Congressional and state-wide races there. In 1970, after a year-and-a-half stint in Japan as a naval officer, and a year in Vietnam, Kidder achieved prominence in Chautauqua County by running for State Roland Kidder, Assembly Candidate Assembly while stationed overseas. Nominating petitions Man-one vote rule. With the new community, he doesn't deliver." were circulated for him, and in districts, the Chautauqua County For example, his opponent has set the Democratic primary he Democratic Party in 1971 took up a committee with legislators in whomped his opponent by a 4-1 con trol of the county other- states supposedly to study margin. Returning from Vietnam government, capturing 15 of 25 the pollution problem of Lake in June of that year, he lost to the seats. Kidder said that much of Erie. But the only result of the Republican incumbent in the the credit for the growing committee, said Kidder, was the general election, though the Democratic Party strength in members holding testimonial winner's margin of victory was Chautauqua County was due to dinners for each other. smaller than what he had achieved Jamestown's mayor, Stanley Kidder is a strong proponent of Lundine, a progressive Democrat open government. The county's in previous years. to now Kidder was elected his third of office. 1971, In in term Finance Committee, chaired by the Chautauqua County The new activitism has brought Kidder, is the only committee in Legislature, and was re-elected in attention to the county. On April the county open to the public. If 1973. At present, Kidder is 27, when the Chautauqua elected to the Assembly, Kidder chairman of the powerful Finance Democrats hold their nominating hopes to have a law passed that Committee, as well as serving on c on yen tion, three Democratic will make the state's committees the Agencies Committee and the gubernatorial candidates will be and the Public Service Social Services Committee. represented: Howard Samuels and Commission more open. Recently, Kidder was appointed Hugh Carey will be there, as well Another issue which Kidder to the Criminal Justice Task Force as Mrs. Ogden Reid. stresses is the consumer issue. of ChautauquaCounty. Kidder feels that his chances No-fault insurance at present is Chautauqua County, located in are better this time around than in not working to the benefit of the the Southern Tier region of the 1970 for defeating the incumbent, insurance consumer, he asserts, as State, and bordering Lake Erie John Beckman. The district has the premium reductions have been and Pennsylvania, has a been reapportioned since then so miniscule. The legal community population of 150,000. The 150th as to include within it both has noticed the effect of no-fault, Assembly District, in which Jamestown and Dunkirk, urban with reduced litigation, but the Kidder is running, is totally within areas where there are' large people are still paying high the County, and has 120,000 numbers of Democrats. Last time premiums. Kidder also noted that, constituents. out, Kidder faced an 11,000 voter although there has been a 25% In an interview with Opinion, disadvantage in Republican- reduction in accidents due to Kidder noted that Chautauqua Democrat registration; this time, lowered speed limits and gas County politics have changed because of the reapportionment, rationing, the insurance greatly in the past few years. the disadvantage is 4700. Kidder consumers have realized no Previously, it was considered a also notes that in 1970, in reduced rates because of it. safe Republican area, with addition to laboring under the Kidder is also a critic of the Republicans controlling the disadvantage of campaigning while Public Service Commission, which County government for 150 years, overseas, he was an unknown in he feels is not adequately until 1971. A few years before the political arena. This year, after representing the people. He feels that Joseph Gerace, the present three years' experience in the that the P.S.C. is overloaded with chairman of the County county legislature, he is better utilities' interests, and that the Legislature, filed suit against the known. rate-making structure favors the An important issue this year is utilities. The price increases are county's governmental body, the the who be county executive, will Board of Supervisors, charging due not only to the increased cost severe underrepresentation and elected for the first time this year. of energy, but more importantly, gross overrepresentation in many At present, without an executive, from capitalization, over which of the County's areas. Until that the committees have had to the P.S.C. does not exercise time, said Kidder, each man on perform not only a legislative effective control. the Board represented his own function, but also the Although Kidder has not township, which resulted in administrative function, which is serious underrepresentation and difficult for the legislators decided which Democrat to they inasmuch all have other for Governor, he is support as rotten boroughs, since a township of 800 people had as much jobs. Kidder strongly favors a critical of Governor Malcolm Wilson, whom he called "a pawn representation in county county executive. Kidder called his opponent a of Rockefeller." In Kidder's view, government as did a township of resigned to give "cosmetic a man who Rockefeller candidate, 8,000. As a result of the Gerace lawsuit, there was a court-ordered releases a lot of public relations Wilson the incumbency to run on, plan to revamp the county material. But when it comes to yet Wilson has not made good use government and bring the districts understanding state government, of his time. into conformity with the one and producing for the 1974 Law Review Available Volume 23, Issue 2 of the Buffalo Law Review is now available. Included are two significant articles by Professors Franklin and Homburger, entitled respectively Romanist Infamyand the A merican Constitutional Conception of Impeachment, and Private Suits in the Public Interest in the United States of America. Other professional articles deal with the "supposed" fuel shortage and administrative discretion in the assessment of real property tax in the City of Buffalo: In addition, Impeachment: The Constitutional Problem by Harvard Senior Fellow Raoul Berger (which is criticized in Franklin's article) is the subject of a book review. Review members have contributed two comments, The Plea Bargain in Historical Perspective by Jay Wishingrad, and Judicial Activity and Public Attitude; A Qualitative Study of Selective Service Sentencingin the Vietnam War Period by Diane Bennett Graebner, and two casenotes, by Barbara Davies and Robert Nisely, dealing with artificial insemination and the New York press shieldlaw. Any student interested in purchasing a copy of either issue of the current volume will find them on sale (at a student discount price of $2.50/issue) at either the law school or main campus bookstores. Classifieds FOR SALE: Professional style hairdryer, very good condition; portable dual hotplate; cheap, call 688-9126 evenings. FOR SALE: 72 Chevy Nova, Red, good gas mileage, excellent tires,, radio price negotiable. Call 631-5493 evenings. WANTED: Writers, photographers, interested students to help save a fast-vanishing breed. Opinion needs You. Contact Ray Bowie or Shelley TaylorConvissar or come up and see us, Room 623-A. Speaker's Bureau announces that MARTY FEINRIDER will speak on the Fair Jury Project and the inequities of selection of the juror pool in Erie County on May 2, at 8:00 P.M. in the Moot CourtRoom. President's Corner continuedfrom page 3 a full-time professional placement office at the Law School. The other impediment was the upgrading of a non-teaching budgetary line to be converted to placement purposes. To expedite this, SBA authorized Thomas Mullaney, third-year student Don Lohr, second-year student, and David Weber, first-year student, all members of the SBA Placement Committee, to represent all law students and request a meeting with President Ketter, Executive Vice President Somit, Vice President for Academic Affairs Gelbaum, Vice President for Student Affairs Sigelkow and representatives of any other University offices to which the placement issue might be related to discusssolutionof the problem. In response to the letter, dated February 26, 1974, sent to President Ketter by the Ad Hoc SBA Team to Lobby for a Placement Office at the Law School, a meeting was arranged for April 9, 1974. At that meeting, the student team was informed that President Ketter had signed a request for a non-teaching budgetary line for placement at the Law School with the support of the University Personnel Office. However, due to commitment to the concept of centralized placement operations within the State University system, President Ketter expressed fear that the request would be denied at the Division of the Budget level. Therefore, the SBA Placement Committee strenuously urges that all students, faculty and staff in the interim write to the following: continued onpage 7 SBA, National Lawyers Guild, and Mitchell Lecture Series Present Gay Rights and The Law Friday, May 3 - 10am spm Public Invited �April 30, 1974 Briefs. OPINION .. �Announcing a budget cut of $34,000 resulting in the deletion of two of the five additional faculty lines the School hoped to receive, Provost Schwartz pledged to the faculty that efforts were being made to reinstate the money in the State's supplemental budget. The budget crunch has, however, prompted the Budget and Program Review Committee to take a hard look at the several student organizations wholly or partially funded by the School. While Moot Court Board and Buffalo Legislation Project reportedly will be funded as requested, the BPRC has exhibited some reluctance over the substantialBuffalo Law Review allocation, allegedly out of faculty dissatisfaction with the Review's selection criteria and editorial policies. �Faculty teaching the first-year "small group electives," and students taking them, have been issuing generally poor assessments of the effectiveness of such courses, some feeling that legal research and writing cannot be taught successfully with concomitantsubstantive course material. Associate Provost Greiner recently acknowledged the dissatisfaction and urged re-evaluation of the program. �Several students familiar with library employment have reported that understaffing is only part of thereason for the library's failure to reshelve materials quickly. According to such reports, many student employees in the library, on the work-study payroll, are reluctant to shelve books, a mundanebut necessary task. 7 Tentative 1974-75 Course Schedule Course Offerings 1974-75 First Year Students SPRING Constitutional Law Constitutional Law Constitutional Law FALL Civil Proceduree Civil Procedure Civil Procedure Civil Procedure I I I I I I I Homburger H yman Kane Contracts Contracts Contracts Schlegel Property Property Property Fleming Large Group Electives Gordon Introduction to International Law Legal Process Civil Procedure II Commercial Transactions Criminal Procedure McCarty Criminal Law Criminal Law Criminal Law Criminal Law Holley Torts Torts Torts Torts Harring Products Liability Laufer Legislation Allen Katz Bell Hyman Newhouse Mann Blumberg Goldstein Greiner Buergenthal I Galanter Kane Schlegel Burns Small Group Electives Boyer Harring Holley- Criminal Law (?) Privacy & Technology Government & Land Data Banks & Privacy Judicial Process Kane Kaplan McCarty Schlegel Upper Division *l nfluential members of the Law Alumni Association have indicated, in response to Opinion inquiries, their interest in establishing an alumni-student FALL liaison of some sort, whereby students would maintain direct and regular relationships with the Alumni SEMINARS: Association for the first time. Auto Insurance & Reform �Plans have been broached, in the aftermath of the Collective Bargaining retirement of Law School Professor Mitchell Franklin, to Constitutional Litigation establish, contingent upon the availability of funds, a information Systems Mitchell Franklin Chair at the School for a professorship in Private Suits in the philosophy of law. Public Interest Public Utility Rate proposed security for a TV �With the money Regulation ; surveillance system no longer available to the School, Quantitative Methods I reports coming from the Budget and Program Review Committee indicate that the TV system has been CLINICS: abandoned and that the possibility of manned security patrols of the building in evening hours is now being BusinessLaw investigated. *Lbng*Rahge Planning Committee, having heard presentations from faculty and student supporters of affirmative action programs, is carefully planning its report on affirmative action hiring, which report is expected to be favorable to increased . affirmative action efforts. President's Corner continued from 6 page GovernorMalcolm Wilson State Capitol Albany, New York 12224 Juvenile Litigation Correction Litigation Jail Counseling Service Schlegel McCarty Rosenberg Administrative Discretion Advanced Criminal Procedure American Legal History Constitution & Foreign Affairs Crime & Community Law & EnergyPolicy Law & Public Education Municipal Law Quantitative Methods II Supreme Courtand its Critics Gifford Birzon Harring Buergenthal Katz Boyer Newhouse Kaplan McCarty Hyman CL.N.CS: Education Law Rosenberg Juvenile Litigation Girth Schwartz Correction Litigation Jail Counseling Service Wolfgang Upper Division Electives FALL Administrative Law American Legal HistoryI Civil Procedure II Commercial Transactionss Commercial Transactions II Conflict ofLaws Constitutional Law II Constitutional Law II Copyright & Patent Evidence I Family Law (Sec. A) Family Law (Sec. B) and as well as representative New York State Senators Federal Tax I (Sec. A) Assemblymen. Federal Tax I (Sec. B) To bring this Issue squarely into focus and strongly solicit support for approval of this request, a list of Future Interests suggestions formulated by the SBA Placement Committee Federal Tax II & Land to act as an aid in drafting such letters is available in the Government International Protectioon SBA Office, Room 504. of Human Rights (Sem) In addition, SBA plans to send a delegation to the Labor Law Division of the Budget to present the case for a Placement Land Transactions Office at the Law School when the request reaches that Law & Economics (Sem) stage. As part of the case, a petition, hopefully endorsed Law & Social Change members of the faculty, staff and student body, in Protection of Environmental support of the request will be presented. This petition is Quality (Sem) available for signatures in the SBAOffice, Room 504. The essence of this article is to vigorously stress that Remedies Simulated Law Firm the students must not relent or disunite in the struggle to establish a full-time placement facility at the Law School. Trade Regulations Trie absolute importance bf the abovementioned letters Trial Technique and pet.iti.pn> can not be,overemphasized. . Homburger Wolfgang(?) Corporations (Sec. A) Corporations (Sec. B) Corporate Taxation Evidence Workshop Divisionof the Budget Director Richard L. Dinham State Capitol Room 113 Albany, New York 12224 Laufer Newhouse Mann Goldstein Newhouse Girth Schwartz j �Despite at least two resolutions from SBA this year, an Opinion editorial, and a letter to the newspaper, little has been done to install the long-delayed outside lighting and no date has been set for the installationof lightswhich were to have been installed by December. -. SPRING SEMINARS: SPRING Boyer I Kochery Spanogle Girth Buergenthal Hyman : Mann Goldstein Fleming Zimmerman Del Cotto Katz AdministrativeLaw AppellatePractice Children's Rights Workshop Commercial Transactions II Conflict ofLaws Constitutional Law II Consumer Protection Corporations - Criminal Procedure (Sec. A) Criminal Procedure (Sec. B) Corporate Reorganization Debtors Rights Evidence Blumberg Evidence Swartz Federal Jurisdiction Joyce Federal Tax I Del Cotto Federal Tax II Mugel Gratuitous Transfers Joyce Income Taxationof Trusts, Estates & Beneficiaries Kaplan Juvenile Courts Buergenthal New YorkPractice Kochery Regulation of Advertising Reis Philosophy ofLaw Gifford Simulated Law Firm Galanter Trial Technique Reis i Harring Boyer, Kaplan, Rosenberg Gifford Staff Gifford Desmond Swartz Spanogle Holley Mann Spanogle Zimmerman Burns(?) Schwartz Del Cotto Girth Allen Bell Katz Greiner Del Cotto Joyce Joyce Rosenberg Homburger Goldstein Bell Boyer, Kaplan Rosenberg Staff �April 30, 1974 OPINION 8 Day Care Center Studied Alumni Line By Earl S. Carrel The Faculty Lounge was the setting, on Sunday, Dauman of the Law Wives. Approximately thirty April 21, for a children's party and a day care children and twenty adults participated, which was did not attend the dedication of O'Brian Hall, Unfortunately, I meeting for parents, co-sponsoredby the Association considered a good turnout. went off successfully. I'll spare of Women Law Students (AWLS) and the Law Basic plans regarding the location, programs, but I am told that almost everything administrators the Wives. and staffing of the day care center were discussed, as some of the Law School's upper level responsible for the few The two groups which are trying to gain support well as the results of the day care survey. The embarrassment of naming those who were Certainly mistakes. mistakes and/or near Justice Warren's illness was for the establishment of day care facilities on the party/meeting was concluded with a peanut hunt. Future meetings will be announced through not one of those errors, for it was beyond the control of the Law Amherst Campus, decided that one of the most School. important steps to be taken was to have the presence Opinion and posters in the Law School. The entire Law School community is invited to I did, however, get a look at the photo exhibit and it is well of children felt, while at the same time organizing the parents. As a result, a magician was summoned help launch the day care program, to enable faculty, worth the trip out to the Northern Wasteland especially for those to they work and whose natural habitat is the wood-paneled offices of downtown. wish, if to perform for the children, while the adults met student, and staff wives to help men and women law students, who have outsideof the lounge. I have been writing thiscolumn for nearly two years now, and in Beaufort Willbern and Cheryl Fisher, first year child-care responsibilities to have more time to all that time I have gotten ONE item from an alumnus for inclusion in law students, co-ordinated the events with Marcy devote to their studies. the column. Additionally, despite extensive solicitation both by personal contact and by letter, the officers and directors of the Law Alumnihave seen fit to respond only ONCE with material for "Alumni - Law Wives Plan Expansion v The Law Wives Association met at the home of Professor Daniel and Mrs. Ann Gifford on Wednesdayevening, April 17, forabusiness meeting and a presentation on constitutional law by Professor Howard Mann. Also present for the meeting was Mrs. Virginia Franklin, wife of Professor Mitchell Franklin. Informal discussion on the possibility of expanding the organization to include "law husbands" was aroused when Kenneth Rowland, husband of a first-year student, arrived at the meeting. It was decided that if enough husbands show interest in their wives' academic pursuit and would like to join the organization, it wouldbe up to the officers to decide whether or not to change the organization's name to perhaps "Law Spouses." Interested husbands were advised to contact Ken at 631-5493. Other items on the agenda included day care plans, nominations of officers for 1974-75, motion to grant a gift to the Law Library (passed), motion to make a contribution to Seneca State School (passed) and plans for the annual picnic. Officers nominated for next year are: Nancy Kitchen, President; Lois Weinstein, Vice-President; Sue Moran and Kathy Donnelly, secretaries; and Karen Sullivan, Treasurer. Nominations are still open and the election will take place at the next meeting. The picnic will be at the home of Professor William and Mrs. Carol Greiner, 289 Countryside Lane, Williamsville, on June 2. For reservations and more information, please call Nancy Kitchen, 741 -2594 or Karen Sullivan, 896-1394. Line." It is debateable whether the blame, if I may use thatword,lies with the alumni themselves or with the Alumni Association. In any event, it appears that the Alumni Association is spinning its wheels, stirring up a lot of dust,but going nowhere. Let us all hope that Rudy Johnson will do considerably more for the many alumni than have some of the past officers. For too long has the UB Law Alumni Association served a small clique instead of the Law School or the alumni as a whole. I have heard that the Alumni Committee on Grading has reached the stage where its report is imminentMy sources have indicated the report will not be particularly favorable toward the present system. George M. Blackman, '08, died April 9,1974. George M. Metz, '26, former Warrant Clerk and Assistant Chief Warrant Attorney in Buffalo City Court and an Assistant Erie County District Attorney 1944-1963 when heretired, died March 27,1974. Jerome Van de Water, '32, Chairman of the Erie County Water Authority, died April 6, 1974. Florence Burton, '72, was appointed Executive Director of the Erie County Consumer Protection Committee. Prior to her appointment, she had been a legal assistant in the Erie County Attorney's office. SBA Considers Budget Issues as Sub Board I, which acts as custodian for SBA money, kept no record of "carry-overs" and hence could not tell how much surplus SBA had. SBA dipped commotion last week when a several thousand dollars into BALSA request for supplemental these ■ unknown funds last fall, allocation prompted heated having budgeted more money debate and hints as to serious than was collected from student financial problems within the activity fees, and Treasurer Zurenda no ted that the Student Bar Association. The BALSA (Black organization was currently in a American Law Student serious financial crunch, with Association) request for $200 in only approximately $250 in this 3rd year SBA Directors: (Front, I to r)D. Brodnick, B. Gottfried, P. Tom; -centner additional funds for a minority year's contingency fund. (rear, Itor) M. Linneman, E. Zagajeski,). Gauthier. SBA President Don Lohr placement symposium, which the Budget Committee recommended and the Treasurer have been in consultation with Sub Board not be granted, was eventually passed by the SBA, al though frequently in an effort to resolve reduced to a blanket $100, but problems arising from previous not before charges and SBA accounting practices. countercharges were traded by Difficulty has, according to Ms. The dedication incident still stands as an alternative to of "disruption" in the rules, directors who differed as to Zurenda, been posed by the involving Asst. Dean Mix and litigating a complaint. FSRB is which he claimed were too vague, whether BALSA was overfunded failure of numbers of students to several students protesting Attica, the School's grievance mechanism and the delegation of disciplinary, or underfunded. The final motion pay activity fees, with the result in which Dr. Mix threatened and generally has wide discretion power to suspend, which he to allocate the $ 100 figure that money promises to be tight questioned as to whether it could emerged as a compromise. next year. The SBA Budget s 11111111,11 v suspension for any to provide equitable remedy. Slonim, addressing the SBA, be summary or exercised by Dr. BALSA last fallreceived $1800 in Committee, in its budgethearings disruption of the ceremony, reached SBA last week, when stated that the groups sponsoring Mix. its budget, including $600 for the preparatory to proposing the Bert Slonim, one of the the Attica protest did not think After discussion of the symposium which was found to budget last week, warnedgroups protestors, addressed the SBA that Kochery's offer to mediate history and operation of the rules be an underestimate of the of the financial situation and concerning the incident, noted "pre-empts the issue," as there for public order, which have been amount needed, but several sought to make cuts where that a complaint was being was the wider issue of the promulgated by both UB and directors complained thai, except necessary. formulated for presentation to administration's right to SUNY, the SBA agreed to for the symposium amount, the Earlier in April, SBA passed FSRB, and asked thatSBA study summarily suspend and the withhold any action except for remainder of the BALSA budget a resolution recognizing bar the University's rules for public University's rules of public order, authorizing "a group of interested was still unspent and could be review courses so that there order. which prohibit disruptive protest people getting together to study reallocated. Nonetheless, the would be no difficulty with such activities. Slonim alleged that no therules which govern our lives as supplemental $100 passed by a courses, though commercial, copies of the rules were available sty dents." using School facilities. Building vote of 6 to 5. Prof. David Kocbery, to the protestors until three days A subsequent attempt by In the course of the and campus facilities warranted first-year discussions, a offered after the and that no directorand Treasurer Sara attention with several motions FSRB, incident, Slonim, to chairman of "amicably mediate" the copies were then in the building, member of the National Lawyers Zurenda replied, m answer to a expressing SBA support for controversy between Dean Mix constituting a failure to give the Guild, to get SBA endorsement query as to the wherebouts of a elevator access directly to the and the protestors, and although students adequate notice. for a "Regional Attica Protest" in supposed $20,000 surplus SBA basement for the convenience of an actual complaint has been The complaint drafted by downtown Buffalo failed when understood it had in the fall, that students with lockers there, for drafted by the students, he told the protestors, Slonim revealed, the body had to adjourn for lack little was known of the amount the acquisition of a motorcycle of a quorum. of the surplus from previous years rack outside the building. Opinion that his offer to mediate addresses itself to the definitions Currently in the midst of considering budget recommendations for the coming academic year, SBA budgeting caused some preliminary Dedication Protestors' Grievance Explained at SBA Meeting � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-04-30 Alternative Title An alternative name for the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8debbf8c6cbb27d6e7f894b576cc27be.pdf 4d33610d538f4d1f106e714335fb6c6d PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 11 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 April 18,1974 State University ofNew York at Buffalo Law School Moot Court Holds Tax Competition Sponsoring its first ever home competition, Moot Court Board hosted, the first week in April, the teams of six other schools participating in ÜB's Albert R. Mugel Tax Competition, in which the home team placed third behind winner Albany and runner-up Duquesne. The Tax Competition, named for part-time tax instructor Albert Law School Provost Schwartz introduces Gov. MalcolmWilson at Dedication. —Belling Mugel, adopted for argument a hypothetical case drafted by Prof. Kenneth Joyce, which case involved the question of whether income payments from a secured Seven O'Brian HallDedicated months after the Virginia Cuthbert. The dedicatory address of Mr. the new home of the Law School Horsky, a personal friend and law was, in ceremonies on April 8, partner of O'Brian's in the formally dedicated as John Lord Washington firm df Covington and O'Brian Hall before a podium Burling, dwelt largely on Mr. including Governor Malcolm O'Brian's life of public service to Wilson, University President the law, his country, and his Ketter, the U8 Council and fellow man. The complete text of representatives of theLaw faculty the Horsky address is reprinted in headed by Provost Schwartz. the dedication centerfold of this Attended by O'Brian family, issue. Addressing his remarks to School alumni, friendsof the Law School, faculty and students Governor Wilson, University representing various organizations, President Robert Ketter the dedication ceremony commented that while former consisted of a dedicatory address Governor Rockefeller was by Charles A. Horsky, the unveiling of the building's plaque, the presentation of a portrait of O'Brian, and remarks by the Governor, President Ketter, Provost Schwartz and Prof. Wade Newhouse. Governor Wilson, who reportedly enjoyed the two-hour After several months of ceremony despite a busy schedule recurrent delays and increased expressed pessimism, the the propsects for a area, in Buffalo gratitude to "all who, as full-time placement director individuals or as groups, improved last week following a contributed to the State meeting between University University "and O'Brian Hall," President Robert L. Ketter and a among them the State Board of delegation from the School's Regents, the local Council, the Placement Committee. University administration,and the At the meeting, soughtby SBA Law faculty. "And those to whom President Dan Lohr since he took we are most grateful," he added, office, President Ketter informed "the taxpayers of New York the student delegates that he had the ones without whom nothing just signed the line of this character can be needed for the hiring of a accomplished." placement director and sent it on Mentioning that he knew to Albany, where the job O'Brian in his later years. description must pass muster with Governor Wilson concluded, in the State Division of the Budget. noting that O'Brian was informed Ketter predicted that the outcome of the plans to name the building of the reclassification should be in his honor justprior to his death known by the University within last year, that "John Lord O'Brian 60 days, sometime during which knew the principles he upheld the Placement Committee would continue to be taught to students might be invited to meet young men and women in a in Albany with Budget personnel building which would bear his to explain the request name." First inkling of Ketter's At the finish of the Governor's intended action came to light the remarks, Charles Horsky and Mrs. week before, when about 40 Kellogg Mann, O'Brian's eldest students at a placement protest daughter, presented a portrait of meeting heard Provost Schwartz O'Brian, showing him seated at his describe "encouraging news in the desk, done by Buffalo artist effort to build' a placement. opening of the building last fall, reported to have struck water when he turned the first shovel of earth for the new campus, "we are fortunate to have his successor here today to carry the message back to Albany that the University is indeed afloat." "But perhaps of more lasting significance to the students who will come here are the name the the building bears and characteristics associated with that name," Ketter continued. "Those characteristics embody the challenge of the highest professional standards and an continued on page 7 Open Mtg. Hears Placement Report : .. , . office." The Provost, after the assembled students defeated an attempt by protest organizers to exclude administrators from the meeting, explained that the line formerly occupied by administrative assistant Marilla McCarthy, an NTP line unlike the instructor's line now occupied by placement officer Pat Hollander, would be upgraded to the PR-3 range, so that an adequate salary of about $18,000 could be offered to the placement director. The administration, Schwartz said, "has been appalled at the delays, at the snail's pace at which placement has moved." Delays of various sorts have plagued since last p lacement efforts January when the School hired Pat Hollander as "career development officer" and attempted to secure a line for an "outside"officer who was to seek contacts with the profession, an attempt which was to fail when the line reclassification stalled in Albany. Expressing optimism that the line reclassification would be acceptable this time, Provost Schwartz added mat, once it was .v.\ continued on page 6 private annuity were to be taxed in the year of the annuity transaction or not until the basis in the stock exchanged for the was recovered. Moot Court Board plans to sponsor the Mugel Tax Competition on an annual basis. Preliminary rounds, in which the home team of Tom Mullaney and Don Bergevin got off to a good start in terms of points accumulated, were judgedby local tax attorneys, IRS counsels, and faculty. Presiding over the final round, to which the Albany and Duquesne teams advanced after strong showings in the second preliminary rounds, was Associate annuity Tax Court Justice William A. Goffe, who was flown in from Washington for the occasion. Albert Mugel joined the panel to judge the finalround. Emerging victorious in that round, Albany received a trophy, while the Duquesne team was presented with the runner-up plaque. The award for the best brief went to the Syracuse University team, while Frank Fleming of the Duquesne team received the plaque forbest oralist in the competition. Each participating team received a smaller plaque from Moot Court Board. Scoring for the competition was based on an average of the number of points each judge awarded a team for oral argument skill in each round, to which argument scores separate brief scores were later added to determine team standing in the competition. In terms of won/lost ratios, on ly A Ibany captured two victories, while all other teams scored one win to one loss, with the exception of Seton Hall whose team lost both rounds. Other participants included Brooklyn and Capital University. Faculty Defeats Q+ In a vote so surprising as to however, the student grading prompt Provost Schwartz to committee found support from comment that "the chair is faculty who felt either that the amazed," the faculty voted, after four-tier system made for easier lengthy discussion at their April grading, that the faculty should meeting, to defeat the Q+ grade not impose a policy on students proposal and restore the four-tier without good reasons, or that the grading debate had simply gone system in effect last fall. Receiving the report of an on long enough and should be Academic Policy and Program Committee which refused to recommend repeal of the Q+, the faculty also heard the request of the student ad hoc grading committee that the facultyrefuse the APPC recommendation and instead heed the outcome of March's grading referendum. Following debate between various factions on the issue, the body voted, with only two negative votes, to return to the H, Q, D, F terminated. Provost Schwartz expressed his desire for the faculty to defer any action on the < > ■ until the School could conduct furtherresearch on the matter, but his suggestion found little support from the faculty, many of whom stated that the grading issue had been researched enough and should be settled. Assoc. Provost Greiner, who had authored the Q+ system proposal, said that he was "tired system. The student grading of the whole thing," annoyed at committee, privately expressing the lack of faculty interest in it, pessimism at the prospect of a and so would abstain in the return to four tiers, had failed to grading vote. convince the APPC to make that Prof. Thome McCarty was recommendation to the faculty, the APPC reporting "unease at joined by several other faculty in letting questions of academic announcing that they would evaluation be determined by change their votes from support student plebiscite." Several of the Q+ to opposition on the members of the APPC stated then grounds that they were informed that the student vote was not an at the time of the December informed vote and hence would implementation of the Q+ tier not alter the committee's posture that students wanted it. The referendum, McCarty said, favoring the Q+. the faculty meeting, actually indicated the contrary. DU At �*fr'l 18.1974 OPINION 2 BALSA At Convention Editorials Deficiencies Yawn. . . Reorientation Needed diversion of faculty efforts 'into narrowly specialized public law seminars. Solutions to these deficiencies in the professional program may indeed demand a complete reorientation in program priorities and faculty attitudes, and we should not hesitate to undertake that reorientation if necessary. The faculty are going to have to "take chances" with some appointments, especially where such appointments are recommended by colleagues with expertise in the area concerned, in order to round out known deficiencies with funded next year, and students, the ones closest to the instructors who are perhaps less than social science Ph.D's problem, are concerned over growing deficiencies in with two dozen publications and fifteen years teaching experience at Harvard Law. environmental law, international law, and business law. In the internatidhal law area, for instance, the School aspires to offer an LL.M. in international law yet can And lastly, should the situation grow ever more critical, presently call upon the resources of only one instructor, the School must not rule out even the reorientation of its Professor Buergenthal, in this critical area. In environmental "master plan," so that static or dwindling resources could be law, an area of interest for a good number of students, there applied to the professional program, always our highest is concern that few, if any, courses will be offered next year, priority, rather than interdisciplinary or clinical efforts.That while on the other hand, the School's weakness in choice, we hope, will not be necessary, but we must not business/commercial areas is being exacerbated by the shirk from it if it becomes so. The School may not have come quite to the point where Second Year is in danger of being scrubbed, the subject of an April Fool's issue article, but we note with some disquiet the erosion of our professional program and quality of course offerings. Provost Schwartz has been attempting to meet subject areas which were considered deficient back in February, but both the short and long-range prognoses are simply not good. Recent budget cuts have given rise to faculty fears that only three of the projected five new appointments will be continued Cursing the Darkness As most everyone has noticed, the approach of the building's dedication wrought true miracles in terms of chairs being installed in the Moot Courtroom, floors being cleaned or polished, and lights being turned back on after months of "energy crisis." Perhaps, as one wag suggested, the School should dedicate the building on a monthly basis to attract University attention to our facilities needs. While the dedication accomplished a lot that hopefully will not now be withdrawn, we only wish that the ceremony had been in the evening hours so that, lest the Governor, Council, and Hayes administrators stumble onto their derriers, the University might have seen fit to install the long-delayed outside lighting, the absence of which has proven both inconvenient and outright dangerous. In the midst of the current mania to transform the building's interior into something modeled on Attica, the most serious security deficiency has drawn shockingly little concern, this'being the unlighted walkways, roadways, and parking lots of the surrounding campus. Already this condition has been the cause of numerous falls, several injuries, and damage to autos from unseen curbs, abutments, and the like. Before something far more serious occurs, and here little imagination is required, the University must assume its grossly neglected responsibility to light those areas which every person utilizing the building after dark must currently hazard upon entering or leaving O'Brian Hall. .. Avenge the Attica Brothers. Pass the Stroganoff Meatballs One of the more ludicrous attempts at protest ever directed at the legal community adopted as its forum last week the inopportune occasion of the dedication of O'Brian Hall. True revolutionaries, the several student protestors to seize upon the dedication ceremonies as a soapbox for the worthy cause of the Attica defendants but, when their banners were largely ignored by the guests, thought better of it and promptly joined the same, albeit without invitation, at the reception, sipping punch and sampling sought delicacies with the utmost they could then muster in the way of social graces. Whether these students had the "right" to leaflet or fly banners at dedication is not debatable, for every person has the inalienable right in a free society to be an indiscreet ass, but we must surely question whether such indiscretion, apparently an attempt to politicize the dedication, might not have indeed achieved that politicization, only in a way contrary to what the protestors had hoped. And contrary also to the interests of the Attica Brothers. Meatballs, anyone? SBA Reps. Attend LSD Circuit Conference Sara Zurenda and Paul Equale, SBA Treasurer and Secretary respectively, represented SUNY at Buffalo School of Law at the American Bar Association, Law Student Division, Annual Second Circuit Conference in New York City on Saturday, March 30, 1974. Following a coffee hour, a panel of lawyers opened the conference by addressing those present on the topic, "Anti-Corruption in Government: What is the Problem? What Can be Done?" Each person involved, the New York State Special Prosecutor, an election attorney, and an expert on appointed versus elected judges presented his opinions and opened the discussion to questions. Each person advocated certain changes, and it became clear that these changes through intensive investigation were of strong concern to those present. The afternoon session dealt with a legal research workshop, resolutions and the election of officers for the Second Circuit. The resolutions, copies of which will be available following the receipt of minutes of the meeting, endorsed the limiting of new law schools in the Second Circuit and a policy which would not permit questioning of someone's psychiatric history by the Character and Fitness Committee. Robert Algaze, U. of Conn., was elected Circuit Governor and Caryn Goldstein, St. John's, was elected Lt. Governor. In discussions with the new Circuit Officers, it was agreed that area workshops or conferences could be utilized to the benefit of upstate law schools and the law schools not in New York but in the Second Circuit. Plans for these meetings will be forthcoming. Volume 14, Number 11 April 18,1974 UpinKHl Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Terry Centner Alumni Editor: Earl S. Carrel . H.-»!~!~~ Business , Manager: Dennis Paslak Fe tures Ed||m K y W|gl|| Staff: Cheryl Pestell, Gary Muldoon, Dave Stever,Cindy Lowney , Opinion is published every other week, except for vacations during the academic year. It is the student newspaper of the state Unlversliy of New York at Buffalo School of Law. |ohn Lord Hall, SUNY/B Amherst O'Brian Campus, Buffalo, New York 14260. The views expressed In Ihis paper are not necessarily those of the Editorial Board or Staff of Opinion Onlnlnn It ■ non-profit organization. Third Class postage entered at Buffalo, New York Opinion is funded by SBA from Student Law fees The sixth annual convention of the Black American Law Students Association (BALSA) was held March 28-30, in Houston, Texas, at Texas Southern University. Approximately 400 representing every region of the nation, as well as several Black notables from the legal world, participated in the convention, the theme of which was "From students^ Perception to Realization." The convention was earmarked several workshops and seminars which focused on the major problems confronting the Black community. Attorney Lennox Hines, the new director of the National Conference of Black Lawyers (NCBL), led a discussion on prison reform, which highlighted the Attica massacre. An interesting feature of this workshop was an oration by Ben Chavis, a political prisoner confined in North Carolina, who called for prison abolition. Other issues, with which the delegates were acutely concerned, included the liberation of Guinea-Basseau, the development of Black law firms, and the plight of the Black female law student Several lawyers appeared on the rostrum to lend their expertise on these topics. Fully cognizant of one of the major issues confronting the Black law student, the delegates assembled for a workshop on the DeFunis v. Odegaard case, currently under litigation. The discussion was moderated by Attorney W. Haywood Burns, a professor at Buffalo law school, and Attorney Wilson, the principal lawyer representing the University of Washington Law School. The delegates eagerly participated in the discussion of this case, the implications of which are far-reaching to the minority law student. In addition to the workshops, much of the official business of BALSA was accomplished at the convention. Resolutions" were voiced and voted upon, and elections were held, both on the regional and nationallevel. The convention was climaxed by an awards banquet, held in Houston's Sheridan Hotel. One of the lauded personalities was Attorney W. Haywood Burns hailed the "Res Ipsa Loquitur of BALSA" who was the recipient of the "Recognition Award." Other celebrated recipients included Judge "Cut-em-Loose" Bruce Wright, Frank Willis, who uncovered the Watergate burglary, the Congressional Black Caucus, and Muhammad Ali, who was honored with the "Brotherhood Award." The convention, having proved to be a productive one, fully embraced the theme "From Perception to Realization." The delegates exchanged ideas and ideologies, and worked together as one integral body in an aura of unity. Plans are already underway for next year's convention, to be held in one of the law schools in the Northeast region. On the local level, the Buffalo chapter of BALSA is planning a Minority Law Symposium, to be held May 10, in Lord O'Brian Hall. by — - �April 18,1934 Dissuasion... By Asst. Dean Marjorie Mix TO: National Lawyers Guild, BALSA, LSCRRC, and Radical Women's Caucus. I would like to make a personal statement about the events of April 8, 1974. The Law School and the University had invited guests from the legal community, representatives of the student body, and the faculty to honor John Lord O'Brian, to dedicate O'Brian Hall to its uses as a law building, and to inaugurate the opening of the first academic building on the Amherst campus. Participants and audience were the invited guests of the Law School, which cooperated in this effort with the University administration, since such dedications are under the auspices Of the SUNYAB Council and the President. Just prior to the beginning of the ceremonies I came to the entrance of Alden Courtroom, and noticed that leaflets protesting theappearanceof GovernorWilson were being distributed by students. I read the title and first paragraph of one of the leaflets which was handed to me by a student and made a decision that your actions were then satisfactory, relayed my decision to Mr. Greiner, and tended to other matters connected with the beginning of the ceremony. We were anxious to begin on time, and when I went back to the entrance to find out how many guests were not yet seated, I noticed that the committee's efforts to hand out leaflets was a factor in the slow progress of filling the auditorium. I was then informed that there was some concern over the fact that students had protested that signs of the ad hoc committee had been removed. As you may have noticed, the building had earlier been cleared of announcements of student and faculty activity for that day. I approved the removal of the Attica signs post hoc. My observation at that moment was that the mood had changed and there seemed a possibility of some disruptive behavior. It seemed clear to me that my responsibility lay in giving students a warning for three reasons. The first was that disruptive behavior could, in fact, immediately result in suspension from school until a Hearing Commission was constituted to determine the facts of the case and decide whether suspended student ought to be allowed to remain. The second was that the Dean had earlier asked me to give students notice of such consequences. At that time a decision to suspend under the circumstances seemed clearly mine, since the Provost and the Associate Provost were then about to enter with the platform party. I was satisfied to let a Hearing Commission make a final determination about continuance in school. The third was that I wanted to prevent disruptive behavior. I so warned the group of students who had gathered there. Let me add that I do not know the names of the students and would not have known, except for your signatures on the petition. As you may remember, I invited you to pass the leaflets out, to'discuss your concern with those who were entering and to join the audience as guests. 1informed you of possible consequences as well, which might include suspension. However, I did not intend that yoube able to harass guests of the Law School, nor did I intend for you to prevent people from entering the auditorium. .In addition, I knew that the presence of SUNYAB and the Governor's security forces might in fact result in their defining behavior as disruptive, a definition possibly different frpm the definition I would make under such circumstances and which would cause me toact. I wanted, therefore, to assert the responsibility of the school administration in this matter so that students in the Law School might be protected by a determination made by a Law School official. I understand that the charge has informally been made that I intimidated the ad hoc committee. That was my intention, to the extent that I wished to dissuade them from disruption. 1 would like to make some furthercomments on this matter. It seemed unlikely to me then, and seems unlikely to me now, that any action which would have prevented guests from entering the courtroom would increase the likelihood that they understand the nature of your concerns (some of which I share) in the matter of Attica. It is clear to me that my tactics in such matters differ from yours. I do not believe that guests of the Law School at the dedication would have somehow been convinced of the sincerity of your .feelings, or somehow made to examine their own on the basis of conduct which wouldhave prevented them from attending the ceremony. concerned now for I was concerned at that time and amworld at large, and how the Law School is seen by the to honor us and people who had come especiallyby those it on that day. If your tactics had turned to obstructive behavior, you would have sent them away with impressions of the Law School and the law student body in particular that would not have spoken for the majority. Earlier in the week, I had listened with sympathy to students' concerns over the matter of placement. I believe , OPINION 3 Or Suppression? by the Buffalo Chapter of the National Lawyers Guild Last Monday, as some of you may know, was the dedication of this building. The actions of the administration of this school were more educational than most of our courses. The constitutional and human rights of the student and secretarial staff were trampled upon. This was the price that was paid for all the pomp and ceremony of the fat cats' dining and back slapping. This school is definitely a class society with the students and the secretarial staff oppressed by the faculty and administration. Malcolm Wilson showed up and said something but his whole visit was hidden by a veil of administrative secrecy. What do they have to hide? Can't the governor make public appearances? Here is a partial list of some of the atrocities of the administration: only selected students were invited even though the Moot Courtroom had empty seats and the only people in 106, where elaborate closed circuit TV had been set up, were members of the massive plain clothed and uniformed police detachment which invaded ourbuilding. none of the secretarial staff was invited until they protested and Dean Mix managed to find one ticket so that one of themcould go. all posters and announcements were torn from the wails. bus service was cancelled with no advance notice. Staff people were told on the bus on the way to work in the morning that they wouldn't be able to get home because the school was being sealed off and no buses would run after 11:30. Why were we all whisked out of the buildings? Would our presence embarass our paternal administrators? However the most outrageous event of the day was performed by Dean Mix/She! had been frightened all week that some student demonstration might mar the image they had so carefully created. A group of students learned on Monday morning that Wilson was coming. We were few because most students had already gone home. We decided that we had something to say to Wilson. .Mainly we wanted to ask him questions about the Attica massacre and trials. We wanted to ask him why 6 to 10 million dollars was being spent to prosecute some of the victims of the massacre but not one — — — — Bigotry in Legal Terminology by Kathryn King I was prompted to write this comment by an article recently published in an issue of Psychology Today. The article, titled "If White Means Good Then Black ...", related studies which attempted to measure the influence of language on racial concepts and biases. One study consisted of showing young children various pictures and then asking the children to relate the pictures to a corresponding code ofreference. When shown a picture of a black rat and a white rat, and then asked which of the two rats was the bad rat, most of the cross-cultural sample of children chose the white rat as the good rat and the black rat as the bad rat. This theory was re-tested in a study that asked the children to tell the psychologist in which of the closed boxes the "bad things" were hiding the white or the black. The children chose theblack box at - a statistically significant rate. In another study, when children were asked to identify with statements about themselves, theblack-based statements were seen as derogatory more often than the white. Other studies were mentioned, one of which tested college students and found similar results as to the color line of language. The authors ended their article with a survey of the color-based adjectives in our language.They found "black thoughts", "black magic," "black sheep," and "black hearted" among others that were negative, while they could only find "white as a ghost" thathad bad connotations. On the plus side, they found Snow White, white as snow, and white angels, among others, while the only positive connotation of black that they could come up with was "in the black," indicating financial solvency. After we had seen the article, my husband and I tried to think ofwords we knew that fit the pattern or did not. Just with my limited knowledge of legal terminology I was able to think of blackmail, black market, and blackball. The exercise of discovering these words sensitized me to their use, so that a few weeks later when Our Academic Gossip Mill continued on page 8 Groups Respond to Dean Mix: Statement submitted by BALSA, LSCRRC, National Lawyers Guild, Radical Women's Caucus In response to Dean Mix's "personal statement about the events of April 8, 1974," we must point out that her remarks are based on a distortion of facts that may mislead members of the law school community. We dispute her version of the facts. First, it is not true that our leafletting slowed the flow of people into the Moot Court Room. The difficulty in "filling the auditorium" was that few invited guests showed up. Almost all of the guests had entered the hall when we were simultaneously threatenedand invited to fill the empty seats in the rear of the hall. The only people in Room 106, where fourclosed circuit TV's were set up to handle the expected overflow, were the numerous security officials and a fewmaintenance workers. Second, there was no harrassment of guests and we consider defamatory any suggestion on Dr. Mix's part to that effect. In addition, she states no underlying facts on which she based her observation that the "mood had changed" and there seemed a possibility of disruptive behavior. Third, if Dr. Mix's remarks were offered as a warning to protect us from overreaction from the security forces, they were also clearly threatening and intimidating as she later admits. We cannot thank her for the use of the presence of guards as an excuse to intimidate us in the exercise of our First Amendment rights. We reject her inference that the eight people leafletting and holding signs continued onpage 8 that a positive impression ofour students would encourage University officials to commit furtherresources to student concerns, such as placement. I did not want the impression of perhaps less than ten people to be the one carried away by the audience. I offer now to make available to you the lists of those people who were invited. If you would like to write to them to persuade them to change their views, I think thatis entirely appropriate for you to do. . by Cindy Lowney Did you know that. Mary Lipton, third year student, is an M.D.? Paul Jackson, first year student, received a score of 506onhisLSAT? Jean Savoy, second year student, was a Peace Corps volunteer? Bill Numan, first year student,is a Monsignor? Linda Tully, second year student, had two D's last semester? Pete Rodriquez, second year student, is 53 years old? *all names above are fictional Since my arrival at SUNY Buffalo School of Law in September, I have heard several "rumors" about students' personal lives that very often were accurate. So I began to ask myself a few questions: Why is all of this personal information being "leaked" or made known to others without the consent of those involved? What has happened to the confidentiality of one's records? After doing a superficial investigation on the topic, I was made aware of the existence of several administrative data sheets that are given to various groups. One such group is the Admissions Committee. The committee, comprised of faculty and students, last week received a report of grades of present students, LSAT scores, and undergraduate grade point averages (GPA) of certain members of the first yearclass, complete with names. The committee was to find whether or not any relationship existed between predicted success (LSAT score and GPA) and actual success in law school (as measured by the number of H and Q grades). Subsequently, confidential information regarding several students was released. When Dean "Mix was made aware of the student concern over this topic, she asked if the result should be one of eliminating students from committees. I do not see that as a solution. Rather, it would seem more appropriate to eliminate the possibility of identification (ergo, use anonymity perhaps assign numbers to each name) and compile the statistics of the criteriavia a computer. It is unfair to present and prospective students alike that information submitted confidentially is accessible by those who choose not to respect the applicant's/student's - right to privacy. �April OPINION 18,1974 4 John Lord O'BrianDedicatoryAdres Charles A. Horsky I have been asked to speak today of John Lord O'Brian's public service. I approach the task, I confess, with considerable trepdidation. There is the inevitable sense of inadequacy; only an historian, which I am not, is capable of an adequate evaluation of events which he knows of for the most part only second-hand. Thereis the danger that a focus on a single aspect of a life that was so complete, so full in its variety, and so much larger than the sum of its parts, may seem to diminish the totality of that life. Finally, public service, to John Lord O'Brian, was so much a part of his work as a lawyer that one cannot truly isolate his public service from his major contributions to the law. Apart from these qualifications, I have been given a formidable assignment, for to John Lord O'Brian life was to be lived fully. In 1890, six years before he graduated from Harvard College, an inscription composed by President Charles William Eliot had been placed on a gate to Harvard Yard: "Depart better to serve thy country and mankind."Few men have more completely complied. Yet I venture to think that the "service" which John Lord O'Brian gave, to his country and mankind, was never to him a duty, but rather an opportunity. Not an opportunity for himself there may never have been a more modest and self-less man but an opportunity to be useful in ways which his talents made possible. "Talents" is perhaps not quite the right word. His achievements were due to more than ability, although there was no lack of that. What was important is nowhere better described than in his own words, speaking of Mr. justice Jackson: "His success not only from his came unusual ability as a lawyer, but also from the character of his own personality and the great charm which he exercised over everybody with whom he came in contact." John Lord O'Brian entered the public arena for the first time at the age of 33, whenhe took the oath of office as an Assemblyman in Albany on January 1, 1907. Even before that, however, he had found opportunities here in Buffalo to be more than a lawyer. Almost immediately after he received his LL.B. from the Buffalo Law School in the class of 1898 the tenth class to graduate from the School he began to teach there as an instructor in insurance law, without salary, and continued to do so for years. At the same time, he gave lectures on medical 14 jurisprudenceat the medical school. In 1903 he became a trustee of the Law School, and continued as a member of the University Council for more than a quarter century. Even my brief researches indicate that his 26 years on the Council were anything but routine. Those were the years which saw the development of the College of Arts and Sciences. First, the Council developed a series of Extension Lectures in English Literature under the sponsorship of a Council Committee of which Mr. O'Brian was Secretary. When that lapsed for lack of funds, the Council hastily assembled a volunteer faculty willing to teach in their spare time in order that the recent demand of the American Medical Association for one year of college grade education in the humanities prior to medical school could be met. Those were also the years of searching for, and seeking funds to acquire, a campus. In all of theseefforts Mr. O'Brian was active. And I believe he considered as perhaps his major contribution to the Council his efforts as Chairman of the committee that selected, and then persuaded, Dr. Samuel P. Capen to become University Chancellor in 1920. But to return to Albany, in 1907. January 1 of that year also witnessed the inauguration of Charles Evans Hughes as Governor. Even as a freshman Assemblyman Mr. O'Brian attained a strong position in the Assembly as a member of the Ways and Means Committeeand the Cities Committee. The autobiographical notes of Mr. Hughes which have recently been published acknowledge the valuable support which Assemblyman O'Brian gave the Governor. Mr. O'Brian campaigned for the Governor in 1908, and was re-elected with him in that year. Before the end of Mr. O'Brian's second term as Assemblyman, he made his first entrance into an office under the Federal Government. In February 1909 he was appointed by President Theodore Roosevelt to be United States Attorney for the Western District of New York. He remained in that post throughout the administration of President Taft, and for nearly two years of the administration of President Wilson. His tenure under three presidents is an indication of the competence with which he discharged the responsibilities of that office. Shortly after returning to privatepractice in Buffalo in 1914, Mr. O'Brian became intimately involved in the efforts to effect a complete revision of the New York State Constitution. Hewas a member of the so-called Committee of Thirty-Nine a group which hoped to establish a basic reform program for the consideration of the Constitutional - - .. .. - — - Emergency Division, as it was known, he had vast responsibilities for registration and possible internment of many aliens, and for the prosecution of sabotage, espionage and other offenses. The temper of those times, which we may have forgotten now, made that position the focus of the hates and fears of thousands upon thousands of people many accusing the Department of ineffective and inadequate prosecutorial vigor, and some, though not so many, protesting what they believed to be utterly unconstitutional imprisonments. With the full support of the Attorney General, Mr. O'Brian successfully maintained a firm but moderate course. Vested under the Alien and Sedition Act of 1798 with an unreviewable power to intern alien enemies, he personally reviewed the files of some 6000 persons who had been arrested under Presidential warrant; only about 2300 were actually — Jnterned. The Espionage Act, which became law in 1917, posed perhaps the greatest challenge. In the hands of a vindictive or fanatical prosecutor, it was a dangerous threat to personal liberties. As Mr. O'Brian said at the time, it "gave the dignity of treason to what were often neighborhood quarrels or barroom brawls." As many as a thousand letters a day reached the Department, calling attention to acts or individuals thought to be seditious. Mr. O'Brian's instructions to the United States Attorneys evidence his t Charles A. Horsky -Belling - Convention. When the convention met, Mr. O'Brian, as one of the elected delegates at large, became Chairman of the Rules Committee, which had powers for the convention similar .to thoseof the Rules Committee for the House of Representatives essentially, the mechanics of running the convention. I have often heard Mr. O'Brian speak with pride of the work of that convention, and of the leadership contributed by its Chairman, Elihu Root. In the event, the end product was rejected by the voters. As with similar attempts in other stales in more recent times, a meritorious whole fell victim to a confederation of groups whose interests would be adversely affected. I should add, however, that within a decade, at the urging of Governor Alfred Smith, and with the aid of Mr. O'Brian among others, the more important reforms proposed by the convention were separately adopted. Then came the war World War I. It was as inevitable then as it was a quarter century later thai the talentsof John Lord O'Brian would be enlisted. The first call, from Attorney General Thomas W. Gregory, was to prosecute the famous Franz yon Rintelen conspiracy case. It is a measure of the extent to which America was prepared for war that a conspiracy involving the use of half a million dollars in German funds to try to persuade American labor leaders to call strikes against the manufacturers of munitions and other war-related commodities had to be prosecuted under the Sherman Anti-Trust law. The prosecution was successful; yon Rintelen and six of his co-conspirators were triedand convicted. That was only the prelude. After a few months as Chairman of the Draft Board of Appeals for Western New York, to which Mr. O'Brian had been appointed by Governor Whitman, the call again came from Attorney General Gregory in the fall of 1917, this time to ask Mr. O'Brian to assume responsibility for all the war-related activities of the Department of Justice. As head of the War - Horsky and Mrs. Boyleston unveil portrait of .. own view. The Act, he directed, "should not be permitted to become the medium whereby efforts are made to suppress honest, legitimate criticism of the administration or discussion of government policies. Protection of loyal persons from unjust suspicion and prosecution is quite as important as the suppression of actual disloyalty." It is appropriate to note, however, that it was John Lord O'Brian who successfully supported in the Supreme Court the conviction under the Act of one Schenck, who would have long since been forgotten but for the fact that it was in that case that Mr. Justice Holmeslaid down the famous "clear and present danger" test under the First Amendment. A further, aspect of the concern of Mr. O'Brian for civil Übcrties followed the armistice. With the assistant to the Attorney General, Mr. O'Brian reviewed the files of every person sentenced during the war under the wartime statutes, and in each case made a recommendation to the Attorney General as to whatwould be a just sentence. The recommendations were adopted without change by the Attorney General, and on his recommendation were put into effect by President Wilson. There is a footnote to all of this which in later years gave Mr. O'Brian considerable amusement something which he once said he would "prefer to whisper in dark corners." The Bureau of Investigation in the Department of Justice,which had been created in March 1909, became very much involved in the work of the War Emergency Division. Among those whom Mr. O'Brian recruited was one J. Edgar Hoover. Some time after Mr. O'Brian had returned to Buffalo, Mr. Hoover assumed charge of what was known as the General Intelligence Division the successor to the War Emergency Division and in 1924 was appointed directorof the F.8.1. JohnLord O'Brian. -Belling — - — �April 18,1974 OPINION 5 U.B. PresidentRobertKetter joins Gov. Wilson in unveiling building plaque. -Belling During the next decade Mr. O'Bnan practiced law in Washington agency. The quality of his and their service Truman of the Chairmanship of a panel to deal with a Buffalo, but continued to respond to calls for public during the next four years is best told by thosewith whom strike threatened at the atomic energy plant at Oak Ridge, service. One, at least, should be mentioned. For two years, he worked. Secretary of State Steltinius: "You leave with Tennessee. During the Korean War he became one of the in 1925 and 1926, he was active as Vice Chairman of the the respect, confidence and admiration of all with whom four public members of a National Advisory Board on Committee on the Reorganization of the New York State you have worked." Attorney General Biddle: "It is Mobilization Policy. Government. Unlike many modern counterparts, the pleasant to remember your wisdom and coolness." These appointments, important as they were to the Committee was unusually successful in effecting Co-Chairman of the War Production Board Donal M. far-reachingreforms in the State Government structure. Nelson: "Neither you nor your staff has ever wandered nation, are overshadowed by achievements in two other In 1929, Washington called again, when President from the straight and narrow path of the public interest." areas, each of whichevidences Mr. O'Brian's dedication to Hoovernamed Mr. O'Brian an Assistant Attorney General .And finally, President Truman, in awarding to John Lord fundamental morality and his broad compassion. The first in charge of the Anti-Trust Division. Short of the Attorney O'Brian the Presidential Medal of Merit: of these were his efforts to rally America to question what General himself, no one in the Department has a more "He served [the War Production Board) with he saw as a dangerous erosion of human rights which was difficult and responsible position. Of the many actions occurring as a result of government measures designed to distinction and gave assistance of inestimable begun during the three years in which Mr. O'Brian held value in the formulationof importantpolicies. prevent the spread of ideas-thought to be subversive. He He brought with him high professional spoke to that issue at the New York State Bar Association, that position, and of the 20-odd cases which he argued in the Supreme Court during that time, no more need be said attainments and demonstrated a marked and followed it with a speech on "Lawand Freedom" at than that in the end Mr. O'Brian had the full respect of not devotion to duty, perseverance, administrative Columbia University. The culmination was his Godkin lectures at Harvard on "National Security and Individual only the Court, but of the business community as well. ability, and a deep sense of public service." From 1945 until his death on April 10, 1973, in his Freedom." To the crisis of confidence of the McCarthy era Again there was almost a decade of practice in 99th year, Mr. O'Brian practiced law in Washington, D.C. Mr. O'Brian responded in those lectures that there wasan Buffalo. This time, the calls for his help in public affairs Mine is not the assignment to speak of his professional urgent need for the leaders of America to "awaken to their were more numerous. Some of the calls reflected the achievements during that period. Suffice it to say that they obligation to protect the freedom of the human spirit." appreciation of his wisdom and breadth of understanding. were many and varied.. As the acknowledged dean of the There can be no doubt that his own dedication to that task In 1931, he was elected by the State legislature to be a American bar, he represented not only great corporations contributed in.a major way to a return to sanity. The Regent of the University of the State of New York a but individuals with personal problems of their own. His Godkin lectures, later published in book form, won awards wise counsel in several international controversies won him from the National Conference of Christians and Jews and post he held for the next 17 years. In 1936, he was elected an Overseer of Harvard University. new fame as an international lawyer,as well as decorations from the Sidney HillmanFoundation. The second of Mr. O'Brian's achievements in these Some of the calls reflected his reputation as a superb from several foreign governments. In a word, he continued lawyer. In 1935, the Tennessee Valley Authority retained to add lustre to an already illustrious career. latter days of his life was, in a sense, the culmination of a However, neither the demands of an active practice, life as an active churchman, including many years as him to defend the constitutionality of the act which created it. The decision by Chief Justice Hughes in 1936, nor the fact that he had then reached his three score and Chancellor of the Episcopal Diocese of WesternNew York. upholding its constitutionality, was the first victory in the ten, diminished his willingness to serve in the public It was perhaps only natural that when in 1946 the Supreme Court won by the administration of President interest. In 1948, he accepted appointment by President President and Fellows of Harvard appointed a committee con tinued on page 7 Franklin D. Roosevelt. Following that victory Mr. O'Brian was again engaged by the Board of TV A to defend another case brought by a number of public utility companies. A major witness for the companies, it might by noted, was Wendell Willkie. Again, in 1939, the Supreme Court held for Mr. O'Brian. Finally, there was a call to public service by the New York State Republican party. While Mr. O'Brian had been a delegate to the New York Republican convention as early as 1910, and had been a delegate to the Republican National Conventions in 1916 and 1920, he had not sought an elective office since 1913, when he was narrowly defeated for mayor of Buffalo. In 1938, however, somewhat against his preferences, since he was still engaged in defending the Tennessee Valley Authority, he received the Republican nomination for United States Senator. Having agreed to run, he campaigned hard. He carried 57 of the 61 counties in the State, but lost to Robert F. Wagner in the downstate vote. Undismayed, he returned to the TVA case, which the Courthad postponed until after the election. In 1941, Washington called again. President Roosevelt, acting on the unanimous recommendation of the Board of later, the War the Office of Production Management Production Board asked Mr. O'Brian to serve as its General Counsel. Although it meant a great reduction in income the position paid $9000 a year Mr. O'Brian accepted. In the course of a few months he brought together under him what lawyers still think of as possibly Distinguished alumnichuckle over last issue of Opinion. -Belling the greatest assemblage of legal talent ever to serve a ■ - - - - - �April 18, 1974 OPINION 6 SWP Candidate by Kay Wigtit — Suit In a recent campaign visit to Buffalo, the SocialistWorker Party candidate for Governor, Derrick Morrison, stopped at theLaw School to answer questions about a suit his party has filed against President Nixon and several of his aides calling "for a permanent injunction restraining all government agencies from continuing their campaign of interference" with the political activities of the party and its supporters. The information on government interferenceand provocation in this and other left-wing organizations became public as a result of a law suit under the Freedom on Information Act won by NBC reporter Carl Stern, which made public papers documenting an FBI counterintelligence program called COINTELPRO. COINTELPRO, which the FBI claimswasscrapped in 1970 when it was superceded by the "Plumbers" and the "Huston Plan," was essentially a secret plan for political sabotage of left-wing organizations. The text of the FBI document which ordered the implementation of COINTELPRO, stated in part the following: 'Effective immediately, the Bureau is instituting a CounterintelligenceProgram directed against the New Left Movement and its Key Activists.. The purpose of this program is to expose, disrupt, and otherwise neutralize theactivities of the various New Left organizations, their leadership, and adherents. We must frustrate every effort of these groups and individuals to consolidate their forces or to recruit new or youthful adherents. In every instance, ■consideration should be given to disrupting the organized activity of these groupsand no opportunity should be missed to capitalize upon organizationaland personal conflicts in their leadership." The Socialist Worker Party (SWP) was one of the groups to be subjected to infiltration by the FBI under this program. As a result of this political sabotage, events took place which led the SWP to file the suit to enjoin such governmental activities as harassment and intimidation of SWP members, burglary of offices and destruction of records and files, blacklisting party, members with prospective employers and landlords, and use of illegal wiretaps and mail surveillance. The brief for the SWP gives a great deal of factual detail on the incidents of arson, burglary, intimidation, and surveillance alleged. The brief states that theseactions unlawfully interfere with the SWP's right to participate in the electoral process, and of its members' rights to freedom of speech and association, and their Fourth Amendment rights to be free of unreasonable searchesand seizures. The SWP is represented by civil liberties attorney Leonard Boudin, who is best known for the successful defense of Daniel Ellsberg In the Pentagon Papers trial. In announcing the filing of the suit, Boudin said, that the case could be "a major step in reversing the erosion of political and civil liberties." He added, "this office never takes cases of this kind unless we believe we can win. And our record will show that we rarely lose. This case is winnable." A second set of COINTELPRO documents released on March 7 this year indicate the extent of FBI infiltration into and disruption of the Black movement. They express the FBl's concern over the emergence of a black "messiah" who could "unify and electrify the militant black nationalist movement." An article in the SWP's publication The Militant says these papers "contain the strongest evidence yet seen from official sources of governmental complicity in the murders of Malcolm X and Martin Luther King. Jr." The papers also state directly that the FBI conducted a smear program against Black leaders in order to diminsh their respectability in the public eye. Morrison, iri describing COINTELPRO and the law suit, emphasized that these events constitute only a small part of the whole of domestic spying in this country. The Watergate buggingsand other facts which have come to light as a result of the Watergate investigation reveal the extent of the administration's fear of dissenters and those who associate with them. Morrison said these tactics are still being used against the SWP and those whoassociate with them or any leftist group. The existence of the Huston plan for domestic spying, which replaced COINTELPRO, was revealed by John Dean at the Watergate hearings last summer. SenatorSam Ervin reacted as follows: "I interpret the papers as being an effort or a plan to set up an operation to spy on the American people in general or at least those who do not agree with the administration." 5/31/73. While in Buffalo, Mr. Morrison spoke at various colleges and held a news conference. He will return on April 29 to attend court when the Attica Brothers will be appearing for calendar call. He stated that anyone desiring more information on the COINTELPRO suit should write to the Political Rights Defense Fund, 150 sth Aye., Room 737, New York, New York, 10011. . ' . Placement Report continuedfrom page 7 approved, Pat Hollander would be moved off the present instructor's line and placed on the PR-3 line, where she would continue teaching part-time "because she wants it that Way." The use of a PR line is, he continued, internally determined rather than by Hayes Hall or Albany, and this would give the School greater latitude as to Ihe placement . directors other duties, some of which may relate to admissions work, alumni relations, or teaching. The student members of the Placement Committee have, however, reportedly told the administration that their preference is for a full-time placement director, with duties devoted exclusively to placement Fair Jury Project Findings by Kay Wigtil The Fair Jury Project, a group concerned with jury selection methods in Erie County whose finding will be used in the Attica cases, announced the results of a six month comprehensive study of the jury pool selection process at a news conference at the Statler Hilton on March 28. Explaining the group's findings and the resulting legal motion filed by the Attica Brothers Legal Defense, were Beth Benora, co-ordinator of the project; Prof. Haywood Burns, Attica Defense Attorney; and Marty Feinrider, an instructor in sociology atCanisius College. A preliminary study of the jury pool made during the summer revealed underrepresentation of black persons, women, and young people, and resulted in an Appellate Division ruling ordering the Erie County jury commissioner to open his files for further study. The study was made with the use of scientific sampling techniques and statistical methods under the guidance of specialists such as Jack Kiefer, Professor of Mathematics at Cornell University. The results of the study, the Project said, "clearly indicate serious ajid illegal underrepresentation of certain classes as well as violations of the law; these underrepresentations are not the result of chance or of lower voter registration rates for any of these groups, but are the result of the improper functioning of the jury selection system in the County. Blacks are underrepresented by at least 34.3%, women by 68%, and persons between the ages of 21 and 29 by 83.6%. These percentages could have occurred accidentally with the same probability that a poker player could be dealt 24 royal flushes consecutively. 45.4% of the sample of names removed from the jury pool were so removed illegally Statistical analysis indicates that it is nearly impossible that these percentages could have resulted from random selection." The findings were illustrated with charts and diagrams illustrating jury representation in various sections of the city. Based on these findings, the Attica Brothers Legal Defense submitted a motion before Judge Carmen F. Ball in State Supreme Court asking that the jury pool in use be thrown out and a new one instituted, since the present pool selection practice violated the Judiciary Law and Appellate Division rules, as well as the Constitution. Prof. Burns stated that a new pool could be put together quickly if the .. activities. The Provost, preferring to retain Pat Hollander for the position even if that meant some teaching -duties, has responded that the School will search for the most competent candidate, but that,if Ms. Hollanderhad better or equal qualifications, she would receive the line even though she chose to have teaching duties as part of her responsibilities. Plans for a placement protest at the dedication ceremonies, advanced by Karen Leeds and commitment to do so existed. Computerized jury selection procedures, such as those used in the federal court and in many other cities, would provide a model for the new pool. The project will make their findings available to local attorneys and interested groups for the purpose of further jury challenges. Persons interested in learning more about the jury project may do so by contacting Beth Benora at 883-9382. Rosemary Gerasia, tell through dedication was an inopportune when only a few of the forty occasion for protest as the students at the meeting supported students' meeting with Ketter had such action. Speaking for the yet to take place. student members of the An earlier attempt by the Placement Committee, who protest organizers to exclude appeared sympathetic to a Provost Schwartz and Assistant protest, Sally Fox said that "the Dean Marjorie Mix from the administration is not hopeful, as discussions also failed when, as they've tried to stall us The the two were about to depart, the ... Placement Committee had to do assembled students voted to every thing ourselves.'' maintain an open meeting and Nonetheless, the majority of those hear the administrators explain present seemed to feel that the the placement situation. �April 18,1974 OPINION O'Brian Hall Dedicated unselfish life of public service." Provost Richard Schwartz traced "the two sets of skills represented in legal education at mis school, professional and analytical," and added that John Lord O'Brian exemptified the combination of the two skills which the School held as a model forits students. Departing from the ceremony schedule, Associate Provost William Greiner took many by surprise when he asked time for the faculty "to offer special thanks and recognition to one of our own colleagues." The recognition took the form of a plaque presented by the faculty to Prof. Wade Newhouse, who since 1961 had served as chairman of the building committee and contributed "vision and hard work" to the planning of O'Brian Hall. Amidst the subsequent congratulations, Governor Wilson grasped Professor Newhouse's hand and held it high, almost as if the two had just won nomination for political office. Scarcely noticed by most participants in the ceremonies, several students made sporadic attempts throughout the afternoon to conduct Attica protests in the name of the National Lawyers Guild, BALSA (Black American Law Student Association), LSCRRC (Law Students Civil Rights Research Council), and a non-recognized group, the Radical Women's Caucus. The first attempt was made as guests began arriving for the dedication, when a few of the students began posting signs in the Moot Courtroom lobby area and distributing leaflets at the entrance to the Courtroom. The leaflet, signed by the aforementioned groups, announced their desire "to speak out and protest the presence of Governor Wilson at the dedication of the law school," stating that he had participated in the Attica "lawlessness" and should be pressured to drop the indictments. Law School staff removed the signs, and Assistant Dean Marjorie Mix, hearing of National Lawyers Guild plans to disrupt the ceremonies, warned the protestors that, while they were free to leaflet and even attend the dedication, any actual disruption would be met with "summary suspension." According to some of the protestors, the threat was felt to be intimidatingand limited the extent of the protest cbntinued from page 1 activities. A few of the protestors resurfaced, however, at the Library reception following the dedication, where they posted a ten foot banner outside the Library entrance, which banner demanded that the Attica charges be dropped. As the Governor, intended target of the protest, left immediately after the ceremonies without seeing any of the signs, the protestors soon dropped their banner and joined the reception. Dean Mix later issued a statement to the effect that her warning was an effort to forestall possible police action in case of a disruption and that her position was that it was preferable for the School to handle the situation rather thanoutside police officers. She contended that a disruption was indeed planned by the protestors and that one of the same later admitted that her warning helped restrain such plans. An earlier effort by another ad hoc protest group, this one concerned with placement service delays, fizzled when about forty students attending an open meeting on the subject voted overwhelmingly against a placement protest at dedication. Newhouse Honored By Faculty AtDedication 7 John Lord O'Brian Dedicatory Address continued from page 5 of distinguished theologians to recommend what should be done about the long-neglected Harvard Divinity School, Mr. O'Brian would be named as lay chairman. The committee, after a year and a half ofstudy, concluded that the School should not be abolished, but should be revitalized and adequately endowed. Again, it was perhaps only natural that Mr. O'Brian would become the National Chairman of the Endowment, to raise the $5 million in private funds needed to carry out the committee's recommendations, and that he should successfully complete the task. His efforts over more than a decade on behalf of the Divinity School have been recognized by the establishment there of The John Lord O'Brian Chair of Divinity, designed, as its dedication reads, to "reflect his broad compassion, his constant search for truth in every quarter, his insistence on the right of all men for a fair hearing for their opinions." Throughout his career, Mr. O'Brian consistently declined judicial offices. As early as 1915, Governor Whitman urged him toaccept an appointment to the State Supreme Court, and shortly following World War I Mr. O'Brian was offered appointments by President Wilson to the Court of Claims, and to the Supreme Court of the District of Columbia. Offers of appointment to the New York Supreme Court were renewed in 1919, 1921 and 1925, and in 1920 to the New York Court of Appeals. In 1931, he was offered the position of UnitedStates District Judge in Buffalo. All were declined, as were proffered appointments to theFederal TradeCommissionand to the Chairmanship of the National Labor Relations Board when it was first created in 1936. Why the business of judging and deciding cases did not appeal I do not know. Perhaps it appeared to represent too much of a withdrawal from the arena of public affairs, where plentiful opportunities for public service were more welcome alternatives. Certainly Mr. O'Brian would have been a great judge. He had to a superlative degree not only theintellectual powers and the legal knowledge such a position demands. Above all, he had the wisdom which makes for the greatest of judges. One can truly say of him, as Judge Learned Hand said of Mr. justice Cardozo, that he "was wisebecause his spirit was uncontaminiated, because he knew no violence, orenvy, or jealousy, or ill-will." I must add a personal note. John Lord O'Brian was a friend, and a partner, for three decades. But to me he was much more one of those' rare men who can truly be called great in spirit as well as in achievement. One thought of him as one thought of other great names in the law men who were his intimate friends such as Holmes, Brandeis, Cardozo, Hughes, Learned Hand, Elihu Root, Henry Stimson, Felix Frankfurter, and Robert Jackson. To paraphrase the language of the award to him by the Fellows of the American Bar Association in 1960, he gave inspiration to all who shared membership in his profession, and held before us the duties and joys of courageous and generous citizenship. But withal, he was a very human man. The many ways in which he served his country and mankind are overshadowed for me by memories of the warmth, the humanity, of a truly great spirit. All who came to know him, and they are legion, will miss his words of consolation for our personal tragedies, and his words of praise for our occasional triumphs. He lived for others, not forhimself. Mr. Justice Frankfurter, one of Mr. O'Brian's friends for a half century, gives me the words with which to close: " 'Let us now praise famous men'," he said, "is not a mere adjuration to lay verbal flowers on the graves of the departed. It is for our sake ih.it we are to praise them, for, as Ecclesiasticus added, 'they have given us an inheritance1." - Professor WadeNipwhbuse receives plaque from Assoc. Provost Greiner. -Belling Wade J. Newrrause, Jr.,Professor of Law, whois Jurisprudence for his outstanding work in helping presently teaching Constitutional Law I and an John Lord O'Brian Hallbecome a reality. Greiner also presented Newhouse with a plaque upperclass seminar on schools, was lauded by Associate Provost William Greiner at the dedication thatread: ceremony on behalf of the Faculty of Law and - Wade J.Newhouse, jr. Chairman Building Committee 1961 1974 whose industry, vision, dedication, understanding made and persistence John LordO'Brian Hall available for the richest growth and expressive of the highest aspirations of the Faculty ofLaw and Jurisprudence State University of New York at Buffalo Presented by His Colleagues April 8,1974 Professor Newhouse's work on what has been termed as "the building committee" began thirteen years ago, in 1961, while he was Assistant Dean of the Law School. Newhouse was referred to as Chairman of the Building Committee, while actually the only other prominent contributors were the head librarians that have served SUNY at Buffalo in the past 13 years. In essence, the "committee" was comprised of only two people during any given year. Newhouse worked with state authorities, the faculty and administration, in order to make plans for the new Law School facility. Newhouse received a standing ovation from the guests at the dedication, and with humility, thanked everyone for thehonor. —- — CLASSIFIED ADS Male Grad or Law Student Wanted to share 3-bedroom apartment near Main Campus. $55+. Available July 1. Call 836-4750. One bedroom apartment available for subletting from June through August. Completely furnished, including kitchen utensils, etc. Convenient location. Rent $90 per month, including utilities. Call Pearl at 882-2845 or 636-2037. Typing. Experienced typist will prepare your resumes, assignments, etc. Quick service, reasonable rates, pick-up and delivery toO'Brian Hall. Call Cheryl 836-8108. - �April 18,1974 OPINION 8 New Minority Program Standards Accepted In a proposal which Prof. Dannye Holley said "seeks to bring minority student requirements in line with our experience with minority students," the Minority Student Program Committee (MSPC) presented and had the faculty adopt several modifications in the minorty student program which result in expanded academic opportunities for minority students. The first modification gives minority students the opportunity to complete the entire first year even in situations where more than three D's or F's are accumulated in the first semester, the usual ineligibilitypoint in first year. Regular admission students would still be declared ineligible in the first semester with more than three such grades, but the new minority standards would defer an ineligibility decision until minority students finish the second semester. The rationale for the modification is that minority students require greater adjustment periods than regular admission students and should be given a full year for thatpurpose, even with a poor first semester record. With respect to ineligibility the automatic imposed upon students with more than six D or F grades, the MSPC proposal made a further modification, permitting minority students accumulating that many D or F grades to stave off automatic ineligibility and instead to submit to a complete review of their records by the MSPC to determine whether they can still remain in the J.D. program. In conducting the academic review of such students' records, the MSPC feels that "objectively measurable criteria for evaluating academic performance cannot be solely relied upon," hoping instead that "with experience a progressively more expansive set of movable, relevant criteria may be developed." Another factor in the review, according to Prof. Holley, is that the five-year extended program the Schoolhad previously allowed some students with poor records has been disallowed by the Court of Appeals, with the result that the maximum a student can be given is a one-semester extension in order to meet graduation requirements. The factor will Bigotry in Legal affect the minority student program in that thereview process often needs to considerwhether a student with a number of F's can meet graduation requirements in the time allotted. With regard to students admit ted under minority admissions prior to 1973, the MSPC found that if the present eligibility requirements were applied prospectively to such students, "almost half of the present students continuing in the program would be declared academically ineligible" with more than 6 f D's or F's, while "almostone-third would have been declared ineligible after their first year" with more than 3 D or F grades. Urging that the present standards therefore not be .. applied to minority current program students, the MSPC. will review the record of any continuing student who receives more than 6 D or F grades, and only where 9 such grades are accumulated would the APPC have the ultimate decision on eligibility. The recommendations of the Minority Student Program Committee were unanimously adopted by the faculty. Puerto Rican LSA Initiates 1st Year at School The Puerto Rican Law Student Association is one of the newest student clubs to be started at the Law School. It is also the first Puerto Rican or Hispanic legal organization to be started in the Western New York area. The association itself is a national organization with headquarters in New York City. It has chapters in some of the better law schools in the country, such as Columbia, N.Y.U., Georgetown, Antjoch, Harvard, Yale, and U.C.L.A. The association is affiliated with the Puerto Rican Legal Defense Fund in New York City. Members of the various chapters have participated in suits brought by the P.R. Legal Defense Fund. Some of the projects that are being instituted are a Bilingual Referral Clinic in the Spanish Community. This clinic will be associated with the Legal Aid Society in Buffalo. Hopefully, with participation from other law students and organizations in the school, this clinic will be extended Dissuasion... Terminology continued from page 3 continuedfrom 3 Lawyers Guild Statement family law teacher spoke of black market activities, I i cent has been allocated to pay for their defense. We drew heard the word a little differently. And when I saw a Black iup a statement and handed it out outside the hall, just detective on T.V. later that week speak of blackmail, it I before the great event was to begin, Mix came out and said seemed odd to hear him use the word as he did. 1 that we were graciously invited as guests but that we I decided to try to eradicate these words from my \would have to behave and act like good little girls and vocabulary. For black market I substituted illegal market, Iboys. We were warned that any demonstration would lead and used it on a paper with no comment from my ito immediate suspension and review by a hearing professor. Blackmail and blackball can also be substituted committee and some mention was made of repercussions with words that convey the meaning of the terms wilhout 1with the Characterand Fitness Committee. the racial bias. And I tried to listen to what I said in We condemn this arbitrary abridgment of our right everyday conversation to see if my vocabulary was I to freedom of speech and expression. We are appalled that dependent upon these types of words for expression. ; any administrator in a school which is supposed to teach The authors of the article in Psychology Today i us law can act so lawlessly. We are going to submit a statement to the ended with a three-fold proposal to reduce the bias in language which I have modified to fit our position as Faculty-Student Relations Committee which will call for a censure, of Dean Mix forher arbitrary and callousdenial of lawyersi 1. Discontinue the practice of coding groups by our rights. Also her performance of her dutieshas been less categories. Although feel this color wouldbe a good idea, than competent. She has repeatedly missed deadlines and I I do not feel that substituting Afro-American and consequently wronged students. It seems that recently she Euro-American will change things for thosewho truly see a also has taken over handling the secretarial staff and is not doing too well at that either. purpose in maintaining racial lines. We feel that the rights of students and secretarial 2. Raising Consciousness. That is perhaps the foremost purpose of this comment. Something should staff must not be trampled again and we condemn such make you question the utility of allowing the "Dodge heavy handed and totalitarian tactics of maintainingorder. Boys in the white hats" type of advertising to overrun the television. But even more so as attorneys, any legal symbolism using black as bad and white as good (i.e., the HELP SAVE AN "black thoughts" that are necessary to find mens rea), should make us think. Black marketneed not be the term used for the illegal sale of goods. Illegal market will work just as well and perhaps even better without perpetuating any racial slurs. 3. More research is needed to determinehow racially derogatory words affect the concepts of children in this area. Children are very sensitive to language and its interplay in our lives. Many children are able to learn Opinion is threatened with extinction, whether a word is good or bad long before they know the not from lack of funds, but from severe meaning of the word, just by the intonation or context in neglect by its own student population. which their parents use it. The authors in Psychology Today summed up whatis known by saying "we shapeour Continued survival is dependent upon Until language and then our language shapes us." our your active support write articles, language ceases to perpetrate bigotry, how can anyone escape from its influence? take pictures, help us save a vanishing So my comment ends with an appeal. Listen to the animal the student newspaper. color-based terms you use, and ask if they are really necessary to your thought. If they are, I questionwhy, and if they are not, they need not be used and can be Opinion Room 623 Ext. 2107 substituted. The legalprofession cannot change the racial attitudes of our nation by rearranging a few terms. But on the other hand,-is it thatbad a place tostart?-* -*-■'*»•• ■ page my < ENDANGERED SPECIES — — **** - - to other minority groups in the Buffalo and surrounding areas. Another project that is being planned is the establishment of an LSAT Training Center for the Hispanic and other minority undergraduate students in Buffalo. Presently, the chapter at U.B. Law is composed of 13 members a"nd it is hoped that this figure will increase substantially during the next few years. The members of the chapter at U.B. Law are not all from the local area. A few are from the New York City area and have come from such undergraduate schools as Fordham, Manhattan, Stony Brook, St. Joseph's, SUNYAB, Lehigh and Fredonia College. Also included in the club are a few Vietnam era veterans, am.ong them an ex-Marine sergeant and an ex-Air Force captain. The chapter wishes to extend its invitation to all those who would like to participate in its activities. Or Suppression? Groups Respondto Dean Mix were posed in any confrontationwith the security officers. Dean Mix states that disruptive behavior coutd result in summary suspension without a hearing and that she, as Dean, was empowered to suspend students on the spot. If these are, in fact, the regulations of this University, we are appalled that the Law Schoolcould unthinkinglyacquiesce to such a blatant violation of fundamental Due Process rights. Such regulations are unconstitutional and the Law Schoolshould take thelead in opposing them. Equally appalling are the flimsy justifications for the abridgement of free speech. We arc asked to accept the foll o w ing as being more important than the First Amendment: the Law School's interest in having clean walls, having all statements approved in advance by the administration, not raise the issue of Attica except on the condition Dr. Mix believes that people will be convinced of our sincerity. We repeat, there was no disruption and no obstruction. Dean Mix reveals her central concern when she states, "I was concerned at that time and am concerned now for how the Law School is seen by the world at large, and especially by those people who had come to honor us and it on that day." In addition to endorsing prior restraint of speech according to the needs of the Law School to protect its image, it is clearly implied that if you are "less than ten people," youhave no First Amendmentrights. We believe that the Dedication ceremony was designed to cater to the needs and vanities of a rich and powerful minority, for whose support the Law School would trample First Amendment rights in thisperiod of economic recession. While the Administration frets over budget problems which make free speech an expensive luxury, this State has spent over SIX MILLION DOLLARS to prosecute 61 Attica Brothers but not ONE CENT has been appropriated for these indigent defendants. Dean Mix would have us believe the price of an adequate placement office is the sacrifice of our First Amendment rights. We believe that, in unity, the Law School need not choose between demands for economic security and free speech. We were there to urge that the Attica indictments be dismissed. It has been TWO AND ONE HALF YEARS since the bloodiest domestic massacre since Wounded Knee. The Administration views Attica as an unpleasant piece of reality. The genteelatmosphere of the Dedication needed to be protected from reminders of the injustice of the Attica prosecution. We, too, are concerned with how the Law School is seen by the world at large, but not only the worldof mink c*ats.*fKisherry. ~&*».**; . v ; ~,, � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-04-18 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/18/1974 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. 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In a letter to Provost Schwartz received only weeks prior to the dedication events, Mr. Warren cited his recent ill health, adding that his physicians had cautioned him to avoid colder climes, apparently including such areas as Buffalo. Expressing his regrets, Warren noted that he had looked forward to honoring "the great man whose name will adorn the hall you are catory address due to dedicating." "In my opinion, based upon many years as a lawyer and judge, John Lord O'Brian was as much entitled to be recognized as the dean of our profession in this country as any otherperson. Also, he was a personal friend of mine, and I had the pleasure of visiting with him briefly only a day or so before his death," Mr. Warren said. Questioned as to efforts to secure a replacement speaker, Provost Schwartz explained that the School had "explored possibilities with a few people, but it was really too late to be considered The assumption was that we needed a distinguished person who .. knew John Lord O'Brian and could prepare an address in a month." It is understood, from faculty sources, that Archibald Cox and Chief Judge Charles Breitel were among those approached to speak at the dedication, but neither was able to accept due to the shortness of notice. The April 8 ceremony, the only one now remaining, will include the address by Horsky, a partner of O'Brian's in the Washington firm of Covington & Burling, the presentation of a portrait of O'Brian by Virginia Elliot, and the unveiling of a Library display dealing with Western New York legal history. AlumniPresent Awards, Pledge Support for School by Ray Bowie judiciary as in the Senate." Addressing the assemblage, Justice The Law Alumni Association, Mahoney pledged that "the alummeeting for its 12th Annual Din- ni will do the job, to bring UB ner and the presentation of Law School to the eminence it awards to three distinguished once deserved under that great members, was told by both Asso- dean, Carlos C. Alden." Headded ciation President M. Dolores Den- that "alumni have been chagrined man and Dinner Chairman Rud- at what we see sometime profesolph U. Johnson of the Law sed by those who seek to repreSchool's need of alumni support sent the Law School, as they for "worthwhile projects such as don't represent the best UB Law Moot Courtand the Law Review's School has stood for." Speaking of the selection O'Brian dedicatory issue." The Alumni Dinner, held at the Buffalo Athletic Club on March 15 and attended by about a dozen faculty and students joining the alumni, is the Law AlumniAssociation's chief fund-raiser for the projects and awards the Associationsustains each year. Each year, the Association honors threealumni who have distinguished themselves in the areas of private practice, the judiciary, and public service. Presented with the public service award by Judge Denman for his services to Erie County as its former D.A., Hon. Michael A.Dillon paid tribute to the Law School's former dean, Jacob Hyman, who was among the faculty in attendance. Admitting that, as a law student, he hardly ever understood what Dean Hyman was talking about, Justice Dillon confessed to now being worried, as he was beginning to understand his old Deanafter all. In prefacing the presentation of the judiciary award to Hon. Walter J. Mahoney, Judge Denman noted that Justice Mahoney had spent twenty-eight years in the State Senate but "will be remembered as much forhis career in the Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 pro- cess involved in choosing a recipient for the private practice award, Judge Denman stated that "it is more difficult to select someone in private practice, so this is an extra tribute to Robert Millonzi," who was chosen for the award by virtue of his "having done a great deal for the city in many areas. and brought great honor to the profession." Mr. Millonzi has been active in historic buildings projects, the art gallery and Philharmonic drives. . April 2,1974 Ketter Letter: Autonomy Assured In a letter toOpinion intended to clarify the effect on the Law School of President Ketter's recent administrative reorganization, Provost Schwartz has, based upon "an explicit statement" provided him by Ketter, given notice that "no change in the reporting relationship was contemplated in the reorganization plan," and reiterated that "lest there be any doubt, I had not intended in any way to express approval for a change in the line reporting relationshiD." Alluding to the statement he had received from President Ketter, the Provost quoted Ketter as having affirmed that "the line reporting relationships," or administrative flow of authority resulting from the redrganization, "are identical to those that have been in operation now for several years." Said Ketter, in a portion of the statement made available to Opinion: "I have asked that the Dean of the Graduate and Professional Schools act as a staff member reporting directly to me to act at the post-baccalaureate level as a coordinating Universitywide officer to consolidatedata from the various divisions of the University and to provide to me an overall prospective of this level of education in the University. It is his jffice that will assume a major role in the quinquennial reviews that are defined in our Mas- — ter Plan. In areas that have outside accrediting bodies, I would expect that Mir reviews in question will be based in large measure on the results of those external examinations. I hasten to state, however, that 1 am not defining this as a given. The role of the Academic Cabinet, as staff to the President's Office, must be allowed to evolve. Equally true, the responsibility of the various professional entities to their external community must be maintained. To Provost Schwartz, the statement is a clear indication that Ketter's intention is not to place the Law School under the Graduate Dean's Office in terms of reporting relationships. The purpose of the reorganization, he noted, was to affect staff functions rather than the 'line relationships," which constitute the administrative hierarchy of the University. He was assured that "the Graduate Dean's role would apply only to staff functions." "No such change has occurred" in the actual administrative hierarchy, the Provost explained, "and I would not favor its occurrence under any foreseeable circumstances." "To the best of my knowledge,"he concluded in reassuring Opinion that the School's independence had not been infringed, "the autonomy of the Faculty of Law and Jurisprudence is, on the contrary, alive and well at ÜB." ' T.V. Surveillance Discussed, Tabled Again for More Info. With little fanfare, a subcommittee of the Budget and Program Review Committee had been investigating and has recently reported on Campus Security's proposal to install a television surveillance system in the corridors ofO'BrianHall. The Security proposal, which was first broached to theadministration last summer and deferred last fall after it ran into opposition, would involve the placing of T.V. cameras in the corridors of each floor of the building, with Security monitoring them at certain hours either from O'Brian Hall or frorti a station in some other building. When the proposal was publicized last November, SBA opposed it as unjustifiable in terms of the building's security situation and as a potential invasion of privacy, after which BPR reported to the faculty that Secur- ity would be asked to provide fur- advocating the T.V. system for ther information to justify the campus Security, to convey to him the faculty's concern as to proposal. After consultation with repre- "the operation, effectiveness, and sentatives of campus Security, a costs of such a system." BPR subcommittee reported last Brunskill's response, according to week that it was dissatisfied with the information provided by Security yet would recommend some faculty action on the proposal at tomorrow's meeting. The full BPR Committee, however, decided against immediate faculty action, preferring instead to seek more information on the T.V. system and alternative security measures, such as manned patrols at certain times of the evening or on weekends. The subcommittee, composed of student Marty Miller and Professors Del Cotto and Goldstein, reported having contacted Charles T. Brunskill, a "Technical Assis.tance. Coordinator," whohas been .. ... the subcommittee report, was to send "a slim package of promotionaladvertising for the television equipment," which "the subadded committee did not feel anything of substance to our knowledge." gerous intruders," recommended immediate faculty action on the T.V. system proposal, without specifying any particular recommended action. The full BPR apparently rejected the subcommittee's call for immediale action, deciding to make no recommendation until better information on T.V. surveillance and its alternatives is made available. The BPR decision seemed rather to follow a recommendation sent the Committee by Prof. Al Katz, in which Prof. Katz discussed the advantages of various security measures, described O'Brian Hall as "a relatively safe environment," and advised that the BPR conduct further study of the "density patterns" of building use so as to define more precisely the priority needs for security The subcommittee reported to BPR that it had been given no information on how the system would be implemented, as to how effective it might be for deterrence or apprehension, or "the amount to be traded in the rights of privacy and personal liberty." Nevertheless, the subcommittee, fearing for the security of an O'Brian Hall "physically isolated and easy prey to dan' protection. .. �>*"#H Opinilin 2 Editorials Dedication Symbols & Statistics The opening dedication of John Lord O'Brian Hall, whose occupation by the Law School last fall marked our first integration with the rest of the University in our 86 year history, should call us to both retrospection and prospection, for the dedication of our new home indeed promises to be watershed in that history. The acquisition of physical facilities proper to a Law School of our stature is, of course, a necessary rather than sufficient precondition for the realization of our aspirations, aspirations presently being outlined by the Long-Range Planning Committee, as the achievement of said aspirations is as dependent upon human spirit as upon brick and mortar. Retrospection should show us that, even through the many times in which physical facilities and University support have failed us, it has been this indomitable human spirit which sustained Buffalo Law School; and consequently, prospection might well tell us that the destiny of the Faculty of Law and Jurisprudence is to be decided less by the building than by the spirit characteristic of the man for whom it is dedicated. It would indeed appear, judging from the APPC's unreceptivity to student petitioning for a return to the four-tier grading system, that the faculty are unalterably committed at this point, regardless of the outcome of student referenda, to a five-tier grading structure for the School. SBA's Ad Hoc Committee on Grading has, in fact, recognized as much in taking the position that, if we are to have five tiers of grades, the grades be designated by conventional A-F symbols rather than by their present esoteric counterparts. Having lost the Battle of the Tiers, it would behoove students to marshall their forces on this new battlefield, preparatory to joining the inevitable Battle of the Symbols. The SBA Grading Committee has argued, with little success in the APPC, that H, Q+, Q, D, and F are equivalent to A, B, C, D, and F, and that it would be both more honest and more comprehensible for the School to adopt the latter set of symbols for academic evaluation. Arrayed against them, Assoc. Provost Bill Greiner has a projected statistical break-down of the "Q+ system" (see letter this page) designed to illustrate its difference from the grade A Wiser Approach Wiser judgmentapparently prevailed within the Budget and Program Review Committee last week when, despite a subcommittee report rashly recommending some faculty action, almost any action, on security surveillance measures, the full committee voted to defer the proposal for T.V. surveillance until better information was available on that system and other alternative measures. Requested to justify their proposal for T.V. cameras for O'Brian corridors, the best campus Security, through technical whiz Charles T. Brunskill, could do was to send the BPR some promotional material boastingbuyer testimonials as to the equipment's effectiveness. Left moot, of course, was the primary question of whether O'Brian Hall need take on the air of an armed camp due to unsubstantiable fears of "dangerous intruders," in the words of the subcommittee, or as Prof. Katz parodied, "wandering bands of hot blooded youth." Provost Schwartz and the BPR Committee are to be credited for adopting a reasonable approach to the current security mania, an approach which demands facts and strong justification prior to any decision. We would hope, however, that the BPR's "security subcommittee" has been retired from any further investigatory efforts into the security situation. 111 tlllim 1 Volume 14, Number 10 April 2, 1974 UJJII lIUI1 Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Chris Belling Alumni Editor: Earl S. Carrel Business Manager: Dennis Pasiak Features Editor: Kay Wigtil Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Terry Centner Opinion is published every other week, except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. Opinion is funded by SBA from Student Law Fees. Greiner Accepts Grade Challenge Dear Earl: The folEowing observations are offered in response to your recent "challenge" to me. (Opinion, Alumni Line, February 26, 1974, p. eight.) 1. An A, B, C, D, F grading system typically yields the following distribution of ail grades in all courses: A no more than 5%; B no more than 25%; C about 60%, D and F no more than 15%, with F's accounting for 1 to 3% of this sub-total. [This is based on analyses of grading practices under our former --— — grading system.] 2. Our present grading system -theH, Q, D, F distribution of all in all courses: H — no more than 20%; distribution under the conventional system. Q- about 70%; On its side, the SBA Grading Committee has the support D and F - about 10%, with F's of an Alumni Association recommendation in favor of the for 1% 3% of this A-F system, based in part on the belief that conventional typically yields following grades to accounting symbols would facilitate hiring of UB graduates. On his side, Assoc. Provost Greiner has the backing of those faculty who desire the finer academic distinctions permitted by five tiers yet wish also to preserve the progressive image the School projected under its previous four-tier system. With all due respect to Mr. Greiner, who is to be credited for the work he put into the new five-tier system, we feel that his statistical analyses only establish a difference without distinction with respect tograding systems. One can play all sorts of games with symbols and statistics, devising symbols so that they by definition represent certain grade distributions, but it must always be remembered that there is nothing inherent in particular symbols that would yield particular grade distributions. In this sense, what differences can be made to appear are hardly the type of differences that would indicate a substantive distinction between grading systems of the same number of tiers. Beneath the statistical analyses, one must search for the underlying rationales for the selection of different symbols, and it is here that we believe the A-F symbols superior to our present esoterica. While it is true that some may equate such esoterica with progressive legal education, such thinking is indeed rather superficial when balanced against the virtues of the conventional A-F, chiefly that those symbols are readily comprehensible throughout the profession and hence do facilitate placement. Moreover, the equation of esoteric symbols with innovative education is rendered utterly specious by the existence of numerous "A-F schools" with qualitative and innovative programs, many superior to our own. The contention that a law school can achieve distinction through its grading symbols is, however, true in one sense, for UB may be truly distinguished as the law school in which alumni have actually been refused jobs due to the incomprehensibility of the grading system. This is the type of distinction we do not need, as placement is difficult enough without this grading albatross about our necks. We urge the faculty, if this issue surfaces at tomorrow's faculty meeting, to heed the counsels of students, alumni, and some of our administrators and translate the current hieroglyphics into the professional "lingua franca" of A-F. Hear Ye! Hear Ye! Know All Men By These Presents, The Food Establishment known as "Tiny Jim's" 819 Millersport Highway 1974 in the Grover Cleveland Plaza GUARANTEES PURE, FRESH, QUALITY FOOD Roast Beef, Hot Dogs, Cheeseburgers, Beefburgers, French Fries, Polish and Italian Sausage Hoagies.Cold Drinks, Milk Shakes, Etc. TO ALL CITIZENS Show your school I.D. Card - Get 10% Off Fast Service • Good Food • Courtesy sub-total. [This is based on analyses of our grading practices since January 1970.] These results are fully consistent with the objectives of the grading system adopted in December 1969. The faculty agreed at that time to establish a category of honor grades to be denoted by the symbol H which would encompass all grades formerly included in the B+ to A range (78 and above) of our numberical grading system. That range of performance accounted for about 15 to 20% of the grades under the old system. 3. As you can see, the H grade has not been a functional equivalent for the A grade. It was never intended to by such, and we do not intend to make it such. The division of the Q category into Q and Q+ was intended solely to provide for differentiation of normal and above normal performances within the range of —— qualified grades. I anticipate the following distribution of grades under an H, Q+, Q, D, F system: H no more than 20%; Q-t- about 30%; Q-about 40%; Dand F about 10%; The statistical differences between the A, B, C, D, F and H, 0, D, F, systems are, as you can see, quite easy to explain. The underlying reasons for choosing one system over the other are somewhat more complex. They are, however, well stated in thereport of our Ad Hoc Grading Committee, submitted in December 1969. You might find it worthwhile to read that report before you next comment .on our grading system. After read ing the Report, you might discover that there are some other printable words which fairly describe our system; try "reasonable," "sensible," and "pedagogically sound," just for openers. Since you raised this issue in the press, I am taking the liberty of sending a copy of this letter to the Opinion, I assume that the editors will reprint it for the benefit of their readers.' —- - ■ '' ■ Regards, Wifliarnß.Gfeiner �April 2,1974 Opinion 3 President's Corner by DonaldLohr Board Membere^andidatM!ii^Jw^^nipsi^^^idsen^^rnstHaft, E. Greenbaum, M. List, R. Bowie, S. Schlesinger, D. Tom, B. Kommehl, G. Ferber; Second Row: T. Toohey, I. Burden L Mark DeVoy, P. jasen.M. Miller, T. Mullaney, K. Latona. -Belling 1 MootCourt Presents AnnualReport, 1973-74 With its senior members preparing to turn over the reins to those candidates recently accepted for membership, Moot Court Board has released its Annual Report on activities undertaken during the 1973-74 academic year. Written by Board Vice Chairman Tim Toohey, the Report constitutes the formal summation of the year's planning and achievements, which has been submitted to Provost Schwartz. 1973-74 has been a good year for the Moot Court Board. In sheer numbers, the Board has competed in more regional and national rounds than ever before. More candidates forBoard membership were selected from the year's largest ever Desmond Competition. Undoubtedly, more time and effort has been spent planning and coordinating the myriad functions carried out by the Board than ever before. More importantly, the Moot Court Board made its presence felt as a viableand integral part of the new ''" environment at O'Brian Hall. In the process, the Board believes it has laid a foundation for making a continuing and significant contribution to the experience of a legal education. The following report consists of a summary of the Board's activities from September 1973 to the special qualifications. On April 8, 1974, as most students realize, John Lord O'Brian present: 1) Upon arrival at O'Brian Hall, Board members Hall shall be dedicated. Volunteers are needed in connection with the soon forgot the cramped inadequate CjUarterson the ceremony to direct guests to different areas, distribute programs and second floor at Eagle Street. The offices behind the provide general information. All volunteers are invited to the reception magnificent Carlos Alden Moot Court Room following the ceremony in the Law Library. Any people interested provided us with the space necessary to conduct our should contact any member of S.B.A. for further information. affairs efficiently in truly the best of surroundings. I would like to strenuously remind all student organizations that Perhaps appropriately, preparation for the first proposed budgets for the 1974-1975 year are due on or before April inter-school competition of the year, the regional 10, 1974. The budgets should be deposited in the Treasurer's mailbox rounds of the National Moot Court Competition, in the S.B.A. office. faced us as we settled into our offices behind the In closing, I hope and firmly believe that the spirit and dedicaCourtroom. The competition, held at Yale Law tion of the new administration with the support of the student body School in early November, consumed the efforts of will enable S.B.A. to attain and surpass the goals previously estabcontinued on page 13 lished. .. . . Law Review Editors: First Row: B. Barth, |. Mendenhall, L. Kane, K. Bersani, A. Ahart; Second Row: S. Friedman, E. Lang, D. Ehman, J Wishingrad, J Levitt, S. Levin. -Belling Law Review: New Editors, New Competition Format With the election recently of a new Board of Editors, Buffalo Law Review has initiated a new selection process to determine which first yearstudents will be accepted as Associate Members of the Review. Unlike last year's competition which was determined exclusively on writing ability, this year's Board has decided to require thatall candidatessubmit a competition paper but that 50% be chosen by class rank, provided they submit a "satisfactory" competition paper, while the other half are to be selected on the quality of their writing assignment, provided they have maintained at least a "Q" average and have no more than one "D" after the first year. Altogether, the Board intends to select approximately 30 new members who it believes can make significant contributions to legal scholarship. Early in March, both Junior and Senior Board Members elected the editors for the coming academic year. John M. Mendenhall will serve as Editorin-Chief next year, with the following Senior Members assuming other editorial positions: Alan M. Ahart and Judith A. Levitt as Professional Article Editors; Dale A. Ehman as Publications Editor;Kenneth Bersani as Technical Editor; Shelly Scott Fried- S.B.A. is the student government at the State University of New York at Buffalo Law School. As such it represents the students in all dealings with the Administration and Faculty and manages internal and external student affairs. The commitment of the new administration is to make,S.B.A. active, responsive and accountable. In the past, a major impediment to this has been apoor system of communication. In the sincere effort to remove this obstacle, a mailbox has been placed in the outer S.B.A. office, Room 504, so that students can effectively communicate with the officers and directors of S.B.A. as well as Faculty/Student Committees. Any messages, proposed budgets, petitions, or any other communications related to S.B.A. or the work of the Faculty/Student Committees should be deposited therein. Furthermore, a bulletin board is located outside the S.B.A. office on which is posted the agenda and minutes of S.B.A. meetings. I would like to emphasize that all S.B.A. meetings are open and encourage students to attend. In this fashion, the elected student representatives should be readily accessible to theirconstituents. In addition, and beyond the circuitousness of representative government, the present policy is to get students directly involved in the business of the law school through appointed positions on Faculty/Student Committees. To this end, I hereby solicit applicants for the Budget and Program Review Committee, Long-Range Planning Committee, Visiting Committee of Associate Professor B. Boyer, Faculty Meetings and the S.B.A. Placement Committee and Ad Hoc Committee on the Calendar for 1975-1976. All interested students should submit a short letter setting out the committee appointment desired and any man as Managing Editor; and Barbara D. Barth, Linda Connor Kane, Elizabeth Lang, Susan Bess Levin, and Jay Wishingrad as Student Article Editors. Editors Mendenhall and Friedman told Opinion that the business aspect ofLaw Review, often downplayed in favor of the research and writing opportunities, is itself a valuable experience and indeedindicates to prospective employers the ability to budget time appropriately. AsLaw Review must provide all of its own manpower, typing has often consumed a great deal of candidates' time, but the new editors are interested in cutting down on the typing chores required of each candidate, perhaps through a team arrangement where typing duties are assigned to the better typists in a group. With respect to the first-year competition, Mr. Mendenhall noted that this year marked the first time the competition schedule has been staggered, so that resource materials will hopefully not be overburdened early in the competition period. Competition papers will be available beginning April 4 and until May 10, but candidates may pick up their assigned papers anytime during that period and will have ten days to complete the paper. Briefs by Stasia T. Vogel ... . marvels over the comment of Asst. D.A. Stachowiak to some students at a sherry party following career-daypresentations that most people would sooner trust a male lawyer than a femaleattorney wonders when some head-on meeting will take place between the freshman student body in toto and the faculty with regard to the grading fiasco. Several people, practicing attorneys at career day, and one faculty member felt quite strongly that the HD-H-Q-D-F grade system is not conducive to getting potential employers to look at job applications. Latter indicated that several ivy league schools reverted back to the old ABCDF system in order that employers would once again take the time to consider their applicants for job. If opinions are so diverse, it may be well to get everybody together on this, instead of the minor encounters that have taken place Communication here falters because of the degree to which people are unavailable and the problem of knowing who really knows whatis going on and whatis at stake... Direct feelings to Opinion office offers advice to the hungry law-student witn not-a-iot-otmoney and not especially gourmet tastes as much food as you can even less if you don't have eat (really)... at relatively low prices alcoholic beverages. .. Lakeview Smorgasbord is a nice ride out to lake country Route sto Hamburg until you see the very obvious .. . .. signs... .. . .. . . . .. . . . .. . .. . . ... Offers as much of anything it has that you can eat there and huge begin with soup (always french onion, plus one other) cheeseboard with lots of crackers... a huge salad bowj, fresh, with lots of onions, ccci beans and other little goodies to mix up a salad with choice of dressings, lots of cold salads, pickles, relishes more than you could even sample bread,rolls, butter... Then thehot foods round of roast beef always tender. gravy and mashed potatoes, several vegetables, either and a turkey they slice the meat, but you chicken, lasagqa or some italian food can get your fi11... just don't take and not eat... many vegetables and stuffings and other main course foods... a large' choice of desserts, cakes, pies, puddings and someties fruits Dress casual, but not grubby except on weekend nights... maybe just a little bit better... jacket for guys Great for hungrypeople, and you can get a large table for about they as many as you need, or a room if your party is targe enough are nice about settingup larger parties... (... other places to eat in Buffalo area to come, some dressy, some casual, some neither...) �April 2,. 1974 Opinion 4 Law Students Hired For City Research Gay Rights The Student Bar Association of the Buffalo Law School is sponsoring a day-long conference on the Legal Status of the Homosexual to be held on May 3rd, 1974. Topics to be discussed, in panel discussions are: Family-Property Law Criminal Law Employment Discrimination Student-Civil Rights Legislative Change and Lobby- Seven graduate students at ÜB, 481 Highgate Aye. They wilt be including three law students,have assigned to do housing research in been hired by the Buffalo Com- connection with City Court Judge mon Council to do research and M. Dolores Denman.. Judge Denman is temporarilyassigned in analysis for the City. The students, who will be paid a court handling housing cases. of The other interns, none of $1,000 each for eleven weeks work and will earn graduate credit whom have yet been assigned, will at UB simultaneously, were se- be Joseph A. Calabrese, 48 lected by UB officials rather than Lawrence PI., a master's candidate ing the councilmen, according to in industrial relations; David M. Each panel will consist of law Councilman William Price, who Zebro, Embassy Sq., Tonawanda, school professors, practicing attorproposed the idea to the Council a master's candidate in business neys, and gay people with relevant experience in each area. in January. A spokesman for the administration. Law School, however, said that the School only forwarded interested students' resumes to Councilman Price, making no selections of its own. Two of the law students are Joseph A. Shifflett, who lives at 222 Niagara Falls Blvd., Kenmore, and Jan R. Morelli, who lives at Also Michael J. Mombrea, 7079 Old Lakeshore Rd., Lakeview, a master's candidate in political science; Mark McCready, 60 Huxley Dr., Snyder, a master's candidate in political science, and Bruce D. Steiner, 66 Avery Aye., the third law student. Book Reviews Conference Faculty Busy on Publications Front by DennisPasiak In addition to the many hours devoted to preparing for class, the hours set aside to meet and confer with puzzled students, and, of course, the hours required to lead a private life, two highly qualified and respected professors at the law school have somehow found sufficient time to not only produce scholarly works, but also to dedicate themselves to various endeavors in the legal field. For further information, con- Undoubtedly Professors Thomas Buergenthal and Paul Goldstein have Shelley Taylor Convissar, tact c/o distinguished themselves not only as very capable teachers in the Opinion or call (716) 688-9126. classroom, but also as respected authorities at both the national and international levels. Professor Thomas Buergenthal is a well known authority on International Law. He received his J.D. at the New York University School of Law where he was a Root-Tilden Scholar. He also has an LL.M. and a S.J.D. from the Harvard Law School. To list all his publications (books, symposia, articles, book reviews, etc.) would require a separate edition of Opinion. The following paragraphs highlight a fewof his more noteworthy works. Public Employees." Family Prof. Louis Law, In Professor Buergenthal translated the German Penal Code with Swartz, who has taught the course regularly in recent semesters, will G.O.W. Mueller. This particular translation appears in Volume 4 of the be joined by new faculty appoint- American Series of Foreign Penal Codes. He has also recently ment and former student Grace collaborated with Professor Louis B. Sohn of the Harvard Law School Blumberg, and both of them will to author International Protection of Human Rights (Bobbs-Merrill) offer sections of the course next Company, 1973). fall. International Protection of Human Rights states that the Mentioning that chances look international community has a vital interest in the promotion and good for Prof. Joyce's two-year protection of human rights. The gradual acceptance of the proposition leave, the Provost responded to that human rights are a matter of international concern has in turn student concern as to the avail- provided the impetus for the development of new rules of ability of Tax courses by observinternational law defining in specific terms various individual rights ing that Prof. Grejner will teach and freedoms; it has also led to the establishment of special Tax A next spring, with perhaps a institutions to interpret and apply these rules. The field of practitioner from the area teach- international protection of human rights is comparatively new, ing part-time to provide other Tax recognized at least from 1945, and this book seeks to fill the growing offerings. demand for teaching materials in this field. The book traces the With regard to first-year survey development of this concept from Dongresilli v, Portugal (1295) to the Provost Schwartz said present day, with particular emphasis on post World War II courses, that three of the four sections developments, especially focusing on the United Nations. were covered in both Torts and This book is the first casebook on the subject of international Contracts, and he added that he protection of human rights. It was designed to be more than a did not expect difficulty in cover- casebook and can be used in human rights courses offered by other ing the fourth in time for Septemuniversity departments. It is also a source book containing primary ber. documentation needed by teachers, scholars, practitioners, officialsof Of the five new faculty lines national governments, and delegates to international institutions. In the School is to receive next year, addition to cases, the book is enlivened with debates from four are still unfilled, concluded international organizations and diplomatic correspondence which tend the Provost, leaving the faculty to give the reader a sense of the lawand also its processes. some latitude as to being able to In addition to this recently published milestone, Professor meet remaining needs with future Buergenthal is an editor of four international legal journals. These appointments. include the American journal of International Law, the American Journal of ComparativeLaw, the CahierdeDroit Europeen (Belgium), and the Revue dcs Droits de I'Homme (France). The conference is open to the public and promises to be an important educational experience for those interested in the legal status, and its potential, for the gay community. Course Deficiencies To Be Redressed Requestedby Opinion to give a brief progress report relative to projected teaching needs for the coming year, Provost Schwartz noted, in a recent interview, that the appointment of additional faculty and some course revisions have gone far toward meeting a dozen areas which had been outlined as deficiencies. Psx the February faculty meet- ing, the Provost outlined twelve areas as "the most pressing teaching needs for fall 1974," among them Taxation, Evidence, Commercial Law, Constitutional Law, Land Transactions, Labor Law, jurisprudence, Procedure (b), Corporations, Contracts, Torts, and Family Law. In the recent interview, Provost Schwartz stated that most of these needs were being met. The present courses in Sales, Commercial Paper, and Secured Transactionswill, according to the Provost, be incorporated next year into a two-semester Commercial Law I & II course, both sections of which will be offered each semester next year. John Spanogle, a new appointment to the faculty next September, will join Prof. Schlegel in shouldering the teaching duties for the Commercial Law offering. With Prof. Howard Mann's recovery and return to teaching, the feared deficiency in Constitutional Law will not be as serious as the administration had thought back in February. In the critical area of Corporations and Securities, where Appointments Committee Chairman Herman Schwartz had admitted poor prospects back in February, the Provost noted that Prof. Zimmerman, who now teaches parttime, would continue in that capacity both next fall and next spring, devoting his efforts in the Corporations area. As far as Jurisprudencecourses are concerned, another new appointment, Richard Bell, will join the faculty to offer courses in that area, an area which had, prior to his retirement and appointment as professor emeritus,been the interest of Prof. Mitchell Franklin. Responding to a student petition requesting upper-level Labor Law offerings, Provost Schwartz pledged that efforts were being made to offer a seminar on the subject of "Labor Relations and SBA Schedules Re-Votes; All Directors Now Elected Having successfully challenged as the only non-slate candidate, to the second-year director seat but subsequently declined to accept it. In an order determined by the a previous election in which her name was left off the ballot by error, Shirley Bevel won the SBA director seat denied her in the first election despite a strong write-in campaign. The rescheduled first-year SBA electionheld the week prior to vacation differed from the earlier election only in that Ms. Bevel replaced CASBA candidate Ruth Siegel as one of the six victors. In a special second-year election after vacation, necessitated by the refusal of three independent candidates to accept a vacant SBA seat, Mark Linneman, running unopposed on the ballot, was reelected to the SBA on which he had served last year. Bob Brennan had won election early in March, number of votes each received, SBA offered the vacant seat to the other two independent candidates, Art Herdzik and David Clowes, but both likewise declined to accept, thereby necessitating the scheduling of a special election to fill the vacancy. CASBA had run five candidates for second-year directorships and all five had won in the previous election. The rescheduled first-year election, accompanied by much less excitement and campaigning than the first, drew an estimated 100 votes as compared to about twjce that number in the earlier election. As an "administrative Another well known and well received work by Professor Buergenthal is Law-Making in the International Civil Aviation Organization (Syracuse University Press, 1969). This book attempts to study the manner in which the law.is made by international staff error," according to then organizations. The book has found a truly international audience and Pres. Marty Miller, hadresulted in has been reviewed in many nations, including Taiwan. Shirley Bevel's name being absent Professor Buergenthal has testified before Congressional from the ballot despite compli- Committees and has served as an international law Consultant to the ance with nominating procedures, Department of State. the Elections Committee ruled Professor Paul Goldstein is a graduate of Columbia Law School. that first election invalid and re- He has distinguished himself especially in the field of property law, to scheduled the one in which Ms. include the field of copyright and patent. Recently the publishing firm Bevel was ultimately successful in of Callaghan and Company of Chicago, Illinois published The Law of winning election. Copyright, Patent, Trademark and Related State Doctrines: Casesand Materiafs-by Professor Goldstein. Thisbook covers not only the federal The second election saw inde- laws and their state law counterparts, but related tax, anti-trust and pendent candidates increase their international law materials as well. Quoting James P. Beck of the number to two on the first-year Caltaghan Company, "The book's aims are modest: to present, in directorship, with Ms. Bevel join- depth and within the subject's traditional compass, the pertinent ing Margaret Wong, who again statutes, decisions, doctrines and issues, to provide a format that is won election with the highest tal- well-organized yet lively and, above all, teachable; and to create a lies. The other four candidates winning election, all members of the CASBA state, were Bert Slonim, Carl Howard, Bette Gould, and Steve Kaplan. versatile text that can be used for a survey course and forany number of specialized courses in the area." Mr. Beck continues, "The book devotes roughly equal space to the three major bodies of the federal copyright, patent and trademark. Use of well-edited cases, law Continued on page 13 - �April 2, 1974 Opinion 5 ComS eraty upplement John Lord O'Brian: 1874-1973 "... Dean Of The Profession" John Lord O'Brian, for whom the law school is being dedicated was once called "one of the most, if not the most, outstanding alumni of the University." Born in Buffalo in 1874, O'Brian attended Harvard, a school in Massachusetts, and then returned to his native city and the Buffalo Law School. O'Brian graduated from Buffalo Law in 1898, a member of the tenth class to graduate from the school. O'Brian was reported to have been the "brightest" man in his class. In 1903, he was elected to the Council of the University of Buffalo, a position he retained until 1929, when his official duties took him to Washington. He was also attorney for the University during that period, and a member of the committee on selectionof a Chancellor which succeeded in bringing Samuel P. Capen to the campus in 1922. He was also a Regent of the University of the State of New York for sixteen years (1931-1947), Overseer of Harvard University for six years (1939-1945), and National Chairman of the Endowment for Harvard Divinity School from 1950-1957. As a State assemblyman, O'Brian introduced legislation in 1909 that made possible the University's move from a stock corporation, which it had been since the granting of its charter, to a broader based educational institution. O'Brian served the nation by appointment of six presidents Theodore Roosevelt (as U.S. attorney for Western New York), William Howard Taft {in the same post), Woodrow Wilson (as head of the War Emergency Division, - Chancellor Capen summarized a large portion of O'Brian's career when O'Brianreceived the University's highest award, the Chancellor's medal. Capen noted: "He has served the State and Nation in. high public office repeatedly throughout a generation. He has been a member of the governing boards of both universities from which he graduated He has headed the Joint Charities and Community Fund of this city and has assisted in the promotion of the fine arts. He has held the highest lay office in the dioceseof his church. To politics, to education, to social welfare, to art, to religion and not in turn but simultaneously he has devoted, without stint, his rare talent for organization, his incisive judgment of issues, his extraordinary ■power of public interpretation, and his creative imagination." .. — - Capen noted that the award was given "not for a specific act or single accomplishment, but for a life of eminent service to City, State, and Nation which has justly brought you high personal distinction and has dignified Buffalo in the eyes of the world." In 1950, on the fiftieth anniversary of O'Brian's admission to the bar, the Chief Justice of the Supreme Court, Fred Vinson, noted O'Brian's having served "the court in the highest sense. Few in history have had a longer or more active practice before this court." In 1955, O'Brian delivered the Godkin Lectures at Harvard University. In 1971, the twentieth Anniissue of the Buffalo Law versary Justice Department, 1917-1919), Review was dedicated to O'Brian. Herbert Hoover (as first assistant Professor Jacob Hyman, in his attorney general in charge of the dedication, noted that, in honorAnti-Trust Division), Franklin ing O'Brian, "the'Editors have set Delano Roosevelt (as general before themselves, their succescounsel for the Office of Price sors, and the legal community an of the Management, the Supply Priorities inspirational model and Allocation Board, and the challenge of the profession of the O'Brian's record of Board), Harry Noting and law." War Production Truman (as chairman of a com- public service, Hyman spoke of mittee to investigate a strike at "O'Brian's deep conviction that the Oak Ridge atomic center in the lawyer who achieved distinction in the private practice of law 1948). O'Brian also successfully de- was professionally obligated to fended the constitutionality of make his skills available in rethe Tennessee Valley Authority in sponse to public calls upon ... the landmark case of Ashwander v. T.VA. O'Brian's legal work involved him in other areas, such as labor and civil servicereform, disputes before the United Nations, and suits involving professional baseball. In 1940, former University them." In 1972, O'Brian retired as senior partner in the Washington firm of Covington and Burling. On April 10, 1973, he died in Washington at the age of 98. -Gary Muldoon Two views of John Lord O'Brian: Photo and Sketch �April 2, 1974 Opinion 6 From One Room to O'Brian Hall: Opinion is immeasurably indebted, lor the material on which this article is based, to Gilbert J. Pederson, author of the 1962 history spanning the first 75 years of Buffalo Law School; to Professors Hyman and Newhouse, who directed the author to more recent records; and to Roy Nagle and the Buffalo-Erie County Historical Society formany of the photosreproduced herein. by Raymond J. Bowie University, an institution founded by the Roman Catholic Diocese of Buffalo, and In the year 1887, the year in which the suggested that Niagara sponsor the law future Faculty of Law and Jurisprudence school without assuming any pecuniary was to have its modest beginnings, law obligations for its maintenance. Supported schools generally were not very popular, by Bishop Stephen V. Ryan, the lawyers' either with the public-at-large, local petition was accepted by Niagara politicians, or the profession itself. University's Trustees in March of 1887, Lawyers were quite satisfied with the and later in May of that year, the governing on-the-job office training which was then Articles of the Law School were the usual route into the profession, while formulated, appointing Supreme Court state legislators were as reluctant to Justice Charles Daniels the first Dean and appropriate public funds for legal stipulating that "the Law Department shall education as they were for any form of in no case ask for any financial aid from higher education. the University," nor for anycompensation While it is true that progressive minds for the faculty. On October 1, 1887, the first class of in the 1880's recognized that law school had superceded thelaw office as the proper the Buffalo Law School met in a small Justice Charles Daniels, First Dean Adalbert Moot, Second Dean training ground for the profession, no law room of Niagara University's Medical 1887 1897 school existed anywhere in New York Department, then occupying a building on State west of Albany, even though Buffalo Ellicott Street. The first faculty includedI Bachelor ofLaws from Bishop Ryan. whom was John Lord O'Brian, ranked by had grown rapidly in that era, with a Bar the dozen or so founders, several judges, As the third year began in the fall of the yearbook as the "brightest" in the numbered at over 400 keeping pace with and lawyers practicing in the city. The first 1889, the faculty initiated measures to class. the increase in litigation and commercial class numbered fifteen. separate the Law School from Niagara The Class of 1899 was distinguished, transactions in a city of 250,000 in 1887. University, but an enabling bill introduced however in another way, since in that year The University of Buffalo, somewhat "A Happy Compromise" in the State Legislature to accomplish this the School graduated its first women unique in having been founded around its The type of Law School envisioned by later failed when the Regents expressed students, Helen Rodgers, an outstanding Medical School in 1846, was by 1887 the first faculty has been described as a disapproval of the separation. feminist, and Cecil A. Wiener, who became contemplating the addition of academic, happy compromise between the theoretical Erie County's first Children's Court judge. theological, and law colleges, the latter tendencies of some of the existing schools Back to UB And among the 1900 graduates was Joseph considered upon the prompting of and the law office training which had In the academic year 1890-91, Rosch, who was the first alumnus to be University Chancellor Millard Fillmore as | predominated. "It is a practical school," however, the faculty conducted later elevated to the state Supreme Court. farback as 1862. said the Albany Law Journal of January 7, negotiations directly with the Regents for a As Adelbert Moot was serving as acting special charter which would allow the Dean, the faculty had been searching fora separate incorporation of the Law School, full-time administrator, eventually selecting but when it was discovered that certain Christopher G. Tiedeman for the post in Regents policies with respect to exams 1902. Tiedeman, however, died only one would conflict with School policies, the year later, forcing a resumption of the faculty decided instead to cast their lot search into 1904, when Carlos C. Alden with the University of Buffalo, whose was chosen Dean. as Council this time acted quickly to affiliate Tiedeman and Aldenhad been personal the Law Schoolwith ÜB. friends on the New York University Law The graduating class of 1891 became faculty, and it is thought that Tiedeman the first to receive their degrees from ÜB, himself recommended as the Law School became the University's death. With Alden's Alden prior to his assumption of the third school, joining Medicine (1846) and Deanship in 1904 began a career as head Pharmacy (1886). According to Vice administrator that was to last 32 yearsand Chancellor Putnam, who presented 13 a period of teaching spanned 50 which degrees in 1891, UB was extremely pleased years. with the incorporation of the Law School, both 1905 and 1907, In all the terming the University its "natural home." Again, the University was not to be liable to the Law School for any debts, though by the same token, the School was permitted to retain its profits, a First Page of Register of Students proprietary form of operation common to Through the 1860's to 1880's, silent 1899. "It does not go deeply into the professional schools of the time. but persistent lobbying was conducted on history or theory of law; but it points out The first thirteen years within the behalf of a law school in Buffalo. The to its students, the things they most need University of Buffalo were precarious times newly-founded American Bar Association to know in successfully practicing their in which the School strove to justify its recommended, in 1880, that local Bar profession." existence, and Dean Daniels often Associations further the maintenance of Imbued with this vision, twenty-one questioned whether a school unfunded and law schools, and around the same time, an judges and attorneys lectured to the fifteen under equipped, with volunteer staff, could influx of "new blood" into ÜB's Council students, eventually increasing to twenty (a endure. began to counteract the earlier pessimism remarkable FTE of 1:1), most of whom In 1893, the School moved again, this surrounding University expansion, with the were Buffalonians. The annual tuition, time to the upper floor of Stafford result that a committee of the Council was which remained constant until the 192p's, Building on Pearl Street, wherethe it directed in 1886 to "investigate the subject was set at $100, and total living and until 1896. It was estimated, remained of establishing a Departmentof Law." education expenses were estimated at $200 that, of those studying law inincidentally, Medical College Building Buffalo six that first year. Some of the students years after the School's of Niagara University founding, half Negative Findings, Positive Action apparently took the Bar Exam after only attended the Law First Home of Law School, 18871888 School while the others Investigate it did, but early in 1887, one year of attendance and did well, still studied in offices. graduates who took the bar exam passed the committee presented a disappointing indeed standing "first in excellence" as After the School had moved to the without report, alleging that legal education was newspaper reports had it. ninth floor of the Ellicott Square Building, Alden exception, and in 1906, Dean arranged for the School to offer the not as rigorous as medical education and Within one year of its founding, the Dean Daniels died late in 1897, and degree of "Master of Laws" to students hence did not require similar professional School had to petition the Public Library Adelbert Moot was elected to that vacancy already holding the LL.B. for the training. Moreover, the Council was asked use of one of its lecture rooms, as the School's second Dean. That same to seek the establishment of Cornell which was rented for the sum of $100. The year, the Board of Regents reported that Active Dean An University's law school, then in the Law School was to use the Library the Bar Examiners had ranked Buffalo Law As the original professors were planning stages, in Buffalo rather than facilities on Clinton Street until 1893. School first among the State's seven law gradually retiring, Alden was successful in In that second year, only eleven of the schools in terms of standards Ithaca, an arrangement which was, needless and the replacing them with outstanding leaders of first classreturned as "seniors,"whilenine percentage of successful Bar to say, not forthcoming. examinations. the Bar, Including John Lord O'Brian,after Perhaps anticipating ÜB's adverse i entered the first-year or "junior" class. At whom the new building is named, and report, a dozen or so Buffalo attorneys, I the conclusion of the academic year, the Di.iiniuiihed Alumni Charles 8. Scan, to whom the new library Schoolheld sometimes designated the founders of die ! its first graduation exercises, is The next year, 1898, taw die has been dedicated. School,, opened negotiations with Niagara i eight students received the degree of graduation of a distinguished elm, among . , > • �April 2/1974* Opinion •"*" 7 A History of the Law School Alden himself remained active in other receipts of the Law School." Chancellor Capen believed, however, that ÜB's foremost obligation was to promote the College of Arts and Sciences, and increased support to the Law School was not immediately in the offing. In the area of admissions, the School, one of the State's three Commissioners on following the suggestions of the ABA, Uniform Laws, to which he contributed changed its admissions standards so as to until 1926. Moreover, he found time to require, after 1925, one year of college mix politics with academics when, in 1912, study in arts and sciences and, after 1927, he ran unsuccessfully as the Bull Moose two full years. The tightening of Party candidate for Court of Appeals. admissions standards had no effect on the In 1913, the School left Ellicott Square number of admissions, for the class for the upper floorsof the Third National entering in 1923 proved to be so large (92) Bank Building on Main Street, where it that Townsend Hall in Niagara Square had acquired three times the floor space it had to be utilized for overflow lectures, despite at Ellicott. From these facilities, the what Dean Alden described as its poor School could continue to boast, as it did in acoustics. its catalogs of the period, of its proximity to downtown courts and attorneys' offices. Enrollments Boom, Space Shrinks Four years later, the space in the Bank The entering class of 1925, the largest Building was no longer available, though a in the School's history until the late 60's, lease was obtainable for 77 West Eagle St., numbered 167 and bulged the total in a building formerly occupied by Hoyt & enrollment to 334 students, creating a Spratt. Thus, in 1917, the School moved to space shortage only partially alleviated by what would be its location until the access to Townsend Hall. It was not until opening of O'Brian Hall in 1973. 1927, however, that the Chancellor urged When the faculty decided in 1920 to that "the provision of adequate space for spheres. When Governor Charles Evans Hughes needed a counsel in 1908, O'Brian, who had served in the Assembly, recommended Alden, who took a year's leave to accept the appointment. Having served in that post, Alden was appointed this door on the third floor of the old Third National Bank Building passed the law students in attendance during 1913-1917. exercise an option in the lease to purchase Through the property for $45,000, it was first believed that, in as much as the School still received no central University funding, the faculty would have to use their personal credit to raise the money, but that same year, centralized accounting was instituted by the University and consequently UB agreed to assume the Law School's 77 West Eagle St Home of Law School, 1917-1948 the Law School is now one of the nor had it joined the Association of American Law Schools. In 1921, the ABA had established minimum standards for its approval, which Buffalo failed to meet in the areas of adequate library and sufficient full-time faculty. In the academic year 1936-37, the pleas of Dean Alden over the years were finally heeded, as the hiring of four additional full-time instructors brought the proportion of full-time faculty to 3/4 of the teaching schedule. During that same year, over 3,300 volumes were acquired by the library, so that the facility met both ABA and AALS standards. As a result of these improvements, the School received the provisional approval of the ABA and was admitted to the Association of Law Schools in 1937. The academic program also expanded its horizons that year, when mandatory moot court work was introduced for freshmen and twelve seniors received clerkship experiences from Supreme Court justices. Dean Shea's second year saw similar progress, with another 3,000 volumes provided the library, additional full-time faculty, and every senior participating in seminar instruction. A combined Business Administration and Law degree program was launched that year, allowing the granting of both B.S. and LL.B. in six years of study. Shea's second year concluded with the celebration of the School's Fiftieth Anniversary, during which ceremonies the School was described as the "Little Harvard " due to the preponderance of Harvard-trained faculty. When Mr. ]ustice Louis Brandeis retired from the Supreme Court in 1938, he broke up his working library and made a gift to the School of some of the more important contents, a development which augured well, for in that year, the provisional approval of the ABA was made final. The genesis of the future Law Review has been traced to a project undertaken by twelve juniors who, under Prof. Louis L-. Jaffe in 1938, prepared case notes for the Erie County Bar Association Bulletin, initiating a program which was to continue until the founding of the School's own Review in 1950. In 1939, Dean Shea received a leave of absence, which later became permanent, when he was appointed Assistant Attorney General of the United States, leaving Mark DeWolfe Howe as Acting Dean. That same year, interdisciplinary cooperation with other University departments was expanded to allow talented undergraduates in History, Government, and Economics to transfer in their fourth year to the Law School as entering students. University's most pressing priorities." An endowment fund campaign was begun in October 1929 but was immediately hobbled by the stock market panic occurring days later. Without the funds to enlarge the Eagle Street building, the University agreed with Dean Alden that "clearly the numbers must be limited unless it should be possible to provide mortgage. larger quarters," leading to enrollment Deficiencies Spotlighted restrictions during the depression years. In 1922, Samuel P. Capen was elected Dean Alden had requested an increase in Depression & War: Dark Days The year, however, also brought the Chancellor of the University and, in the School's full-time staff, but the reviewing each school closely, found that University Council failed throughout the frank recognition of a serious problem, the the Law School did not "resemble the early 1930's to appropriate additional unsatisfactory record of graduates in the picture of the ideal Law School which has funds. State Bar examinations, as indicated by the gradually been outlined by the American By June, 1936, Dean Alden had fact that only 32% of the 1938 Class Bar Association," particularly in as much reached 70 years of age and, under UB passed the exam as compared to 54% as the School "has not raised its entrance regulations, was compelled to retire as state-wide. Dean Howe attributed the poor requirements beyond completion of a high Dean, though retaining his professorial record to a policy whereby "we are school course and its teaching staff duties. Eulogized Chancellor Capen: "The admitting to the School, are advancing contains but one person whose primary Law School... is the visible embodiment from class to class, and are graduating of his rare ability and his high concept of young men and women who are not occupation is instruction." Dean Alden was quite cognizant of the training for one of the most exacting of the qualified." The coming of the War to America in School's deficiencies in these areas, for he learned professions." Upon Alden's retirement in 1936, 1941 reduced enrollment even more than had reported to the Chancellor that "the beyond Francis who time of his had the Depression, forcing a decline from Shea, at the M. desired type of legal instruction is the conception of the student of eighteen, appointment was general counsel of the 200 in 1936 to 140in 1941, with only 62 fresh from high school," noting that the Puerto Rico Reconstruction students graduating in 1942. Military requirements also took their presence of such students was retarding the Administration, was selected as his rate of instruction. Alden also stressed the successor. Facing antagonism from some toll on the faculty, as Dean Howe was granted a leave to accept an Army for replacement opposed any the alumni who instructors, paid expressing for need hope to the Chancellor that "the financial Alden, Dean Shea had more immediate commission and Philip Halpern became needs of the other Departments of the concern with winning national acceptance Dean. Total enrollment was only 52 in the University may no longer require a for the Law School, as at the time the fall of 1942, and of those 30% withdrew, diversion of such huge proportions of the School had not been approved by the ABA largely because of military service. A summer course program begun that year was to continue through the War years so that students, including those entering the service, women, and men with 4-F status, could receive the LL.B in two years and take their place in public life at the earliest possible date. Enrollment declined even further in 1943, dropping to 35 students, women comprising 26% of the student body. Though 60% of that year's graduating class passed the Bar exam, Dean Halpern was reluctant to draw conclusions from the statistic as there were only five in that class, but he did cite a curriculum change placing more emphasis on local law and courses designed to prepare students for the exam. At the same time, the faculty stressed public law courses to cope with the increase of governmental regulation necessitated by the War. Enrollment reached its nadir of 23 in 1944, but the School strove to maintain academic standards, an effortevidenced by six freshmen being dropped for scholastic failure and seven of nine graduating seniors passing the Bar. Like Dean Shea before him, Dean Howe, after assisting the U.S. Army in setting up governmental systems in liberated countries, elected to return to his alma mater, Harvard, to teach in 1945, and hence Halpern remained as Dean. With the conclusion of the War, enrollment soared, reaching 119 in 1945 and bringing 200 applications for 1946 admission, many from discharged veterans. The School had been on an accelerated two-year program since 1941, and the faculty moved to return to the normal three-year schedule with the Class of 1946. With that decision, the faculty considered the possibility of two sections in the freshman class, thus allowing enrollments greater than the maximum of 150. The difficulty of securing additional faculty and the inadequacy of the library both, however, weighed against the plan, and it was dropped. In 1946, Dean Halpern relinquished the administrative reins to ascend to the State Supreme Court, upon which Louis jaffe succeeded him as Dean. Dean Jaffe was immediately faced with the problems of a swollen freshman class and an outdated curriculum, which at that time failed to include courses in the new administrative areas of law. War Ends, EnrollmentSoars Enrollment rose sharply from 210 in 1946, to 274 in 1947, and to 318 in 1948, in which year a successful fund drive coinciding with ÜB's Centennial yielded enough money for plans to be drawn for a new building at 77 West Eagle. The faculty estimated the size of future student bodies at 200 to 250, and a three-story structure with 28,000 square feet of floorspace was laid out on the drawing-boards for the Eagle Street plot. For once, the University shared the School's concern with overcrowding, and in 1948 the Council entered into construction contracts leading to the leveling of the old structure and swift construction of the new. In the interim, classes were conducted in Townsend Hall, the County Building on Delaware Avenue, and even in the Prudential Building. Theadmissions policy had also been of some concern to the faculty, and commencing in the 1948-49 year, all applicants were required to take the Law School Admission Test. The School determined, however, not to adopt the rule of the major national schools to accept only those having a high likelihood of success as indicated by LSAT scores. "There should be reputable law schools," stated Dean Jaffe, "which are prepared to continued on page 8 �Opinion April 2, 1974 From Oneßoom...To O'BrianHall 8 Continued from page 7 some chances." The liberal admission policy set that year took those chances, accepting as a consequence that first-year failure rates would remain high. The new building was completed and occupied in September of 1949, accommodating 131 freshmen and a total of 316 students. Total investment in the new Law School plant, including library and equipment, stood at $704,382.58. The next year, Dean jaffe resigned to teach at Harvard, with responsibility for the School's administration left in the hands of an Executive Committee instead of another Dean. 153 freshmen were admitted, but greater reliance was placed on LSAT scores in admissions due to the strong correlation found the previous year between poor LSAT scores and failure take rates. Two notable innovations of the year 1950 were the first issue of the Buffalo Law Review and the establishment of the James McCormick Mitchell Fund, the income from which was to be used to provide guest lecturers for the School. Confrontation With UB In 1951, the School found a Dean in the person of George Neff Stevens, who was shocked at the deficienciesof a library which did not meet the minimum standards of either the ABA or AALS. Dean Stevens managed to secure an emergency $5,000 appropriation for the library from the University, but came to feel, as the year progressed, that the Law School's control over its curriculum had been overrideen by the University administration in several instances, including a bar review course, seminar instruction, and salary scales, all of which were unilaterally cut. In protest against what he felt was the University's failure to consult with the Law School on budget cuts, Dean Neff resigned the office after only one year. The year 1951 had its bright spots, however, as when the students organized a Student Bar Association affiliated with the ABA, and founded the Opinion. A yearbook, called the Advocate, was also begun in 1951 but became defunct in 1966. Academically, the School began that year to require three years of undergraduate work for admission, while graduation requirements rose to 84 hours of course work. Philip Halpern, in spite of his Supreme Court obligations, accepted the School's call to act as Dean following Neff's resignation. Halpern successfully resolved most of the School's differences with the Administration, but when he was designated to join the Appellate Division, Third Department, he too was forced to relinquish the post, clearing the way for the appointment of a full-time Dean in 1953. In May of 1953, Jacob Hyman, who had joined the Law School faculty in 1946, became Dean, and in that same year, Carlos C. Alden, completing 50 years of teaching, retired as professor emeritus. In his first report to the University Chancellor, Dean Hyman noted difficulties concerning admissions standards and student financial need. Describing the School's selectivity as "probably less than any but two of the New York Law Schools," the new Dean advocated a re-examination of admissions policies that had resulted in a 30% failure rate each year. Dean Hyman also sought a four-year program for the increasing number of students who, lacking financial aid, had to work virtually full-time to finance their education. Perhaps in response to the latter problem, the Alumni Association inaugurated the Carlos C. Alden Fund in 1954, the purpose of which was to provide financial assistance to students who required such to remain in School. SlowEnrollments, Faculty Leave The student body declined that year to 280, consistent with a nation-wide decline in law school enrollments, but the faculty decided nonetheless to retain the liberal admissions policy, believing that it was not incumbent upon them to limit the supply of graduates to the demand. Placement of all but the top 10% of each graduating class remained difficult, with about 20% to 30% findingnon-legal work each year. In keeping with efforts to reshape the Law School as a Legal Center, Dean Hyman expanded continuing legal education offerings to practicing attorneys in 1955 in cooperation with the Erie County Bar Association. For the fourth time, the Annual Conference on Legal Problems ofLocal Government was held at the School, drawing the attendance of about 80 county, city, village, and school district attorneys. Throughout the mid-fifties, the faculty was undergoing rapid change, as some members were attracted by higher salaries or better research facilities elsewhere. Alumni Chip In The Annual Participating Fund for Legal Education, launched as an alumni project, got off the ground in the 1959-60 academic year, raising a total of $ 10,000in memberships in its first year, in the belief that "the School could not... maintain an adequate level of quality if it remained ninth or tenth among the ten New York law schools in terms of salary levels, number of full-time faculty, and scholarship funds." Even as the Participating Fund was raising these sum?, however, the American Association of Law Schools, evaluating the School in 1959-60, came to much the same conclusion as had the Fund's organizers in its recommendations that the University deal with problems of physical inadequacies, student quality and financial aids, and faculty salaries. Partly in response to the AALS report and the urging of the School's faculty, the University decided in 1960 that the Law School would be moved to the Main Street Campus as soon as UB had the money to Library, third floor at 77 West Eagle Street (Old Building) Though replacements were often hard to construct a new building. finddue to a dearth of qualified teachers in In 1960, the Participating Fund had the market and ÜB's failure to offer proper received pledges reaching the $15,000 financial inducement in many cases, Dean mark, $1,000 of which was awarded as a Hyman yet managed to maintain a hard scholarship and another $2,200 for an experimental problem course in Small core of superior faculty at the School. In 1956, students were active on Business required for all seniors. Shortly In 1960, when the faculty first determined that the School should be moved onto the Main Campus, plans for development in a new building were formulated within the parameters of a private university in financial crisis. During this pre-merger period, the faculty were thinking in terms of a student body numbering between 250 to 400, a faculty of 18 full-time members, and a library with the capacity for 200,000 volumes. Planning in the spring of 1962, however, reflected the impact of the impending SUNY merger, as Chancellor Furnas suggested to Dean Hyman that the Law School be included in a Social Science Center with the School of Social Work and the Business School, a plan to which the faculty was favorably disposed except as regarded the possibility of shared facilities. Following the merger the following fall, SUNY, consistent with its desire to establish a major University center in the upstate region, began studying ways to expand the Buffalo campus, and, by 1964, had decided upon expansion into Amherst. Carlos C. Alden,Dean 1904-1936 Staffed with ten full-time and eight part-time faculty in 1963, the School strove, despite the uncertainty posed by various relocation plans, to introduce stability into its professional program, which in that year was set at 88 semester hours consisting of 25 required courses, 9 several fronts, as the School's Moot Court thereafter, however, the Governor's elective courses, and 8 seminars. The very next year, even as SUNY teams made good showings in its Commission on Higher Education, competitions of that year and a new group, established in the 1950's to study ways to announced the purchase of the Amherst the Indigent Prisoners Defense aid the ailing private colleges in the State, land for the development of a new campus, Organization, was formed to supply issued the "Heald Report," in which ÜB's Dean Hyman stepped down from his post student assistance to legal aid attorneys. merger with SUNY was broached publicly, to assume teaching functions and was 1957 was another year of declining and the Participating Fund suspended its succeeded as Dean by William D. enrollments, with the local economic operations temporarily to assess the impact Hawkland, who was subsequently to slump contributing to a large number of on the Law School. become the first Provost of the Faculty of students dropping out in mid-year. The Dean Hyman, following the release of Law and Jurisprudence in the Meyerson reactivation of the Law Alumni the Heald Report, had conducted a survey reorganization of 1967. Association in that year led Dean Hyman of other publicly supported law schools, to hope that the alumni might, as the and he advised the Participating Fund that New Home in Amherst Medical School alumni had, initiate a funds for experimental legal education Upon his assumption of the Deanship "participating fund" to raise money for the would still be needed after incorporation in 1964, Hawkland was facedwith SUNY's School, including financial aid money. with SUNY. In 1961, the Fund, revising its announcement of the Amherst relocation Though more applications from goals somewhat to account for aid the and its ramifications for the Law School, high-LSAT students were being received in School would be receiving from the State, and over the summer of that year, he and 1958, enrollment declined still further. As appropriated $3,000 for scholarships, the faculty decided that the Amherst for the faculty, the perennial problem of another $3,000 to the Small Business campus would indeed be the most salaries resulted in a situation where, in course, and $1,000 for assistance to the appropriate location for the new Law 1958-59, not a single full-time person Clinical Program. building. remained who had been full-time in 1953 Partly with money provided by the Over that same summer, the faculty when Hyman became Dean. A successful Fund, several additional full-time compiled a "Bluebook" containing a University fund drive in 1956 promised, instructors were added the year before the master plan of the School's future however, to add one million dollars to UB merger, bringing the full-time faculty to development, which in turn was faculty salaries, and in 1959, local ten. incorporated in 1965, at the of attorneys began a participating fund for 1961 also saw the revitalization of the SUNY Chancellor Gould, into request a "Seven the Law School, a measure which was to Law Alumni Association, which adopted as Year Plan" covering the years from 1966 help ease the financial pressures further. projects the fall 1962 celebration of the to 1973. In this Plan, the faculty revised its Student njorale received several needed School's 75th Anniversary and the earlier planning boosts in 1958. The Moot Court Team sponsoring of the commemoratory history support was not of 1962, when State taken into consideration, won, for a third time, the Regional written by Gilbert Pedersen. and raised its sights from the envisioned Competition over Albany, Cornell, and Main Campus facility to the first prototype Syracuse, while Opinion won an award in Affiliation With SUNY of what was to become O'Brian Hall on the the national competition of the American The graduating class of 1962was part Amherst Campus. Law Student Association, theprecursor to of ÜB's 116th and last Commencement as The University had suggested in 1964 the ABA-LSD. SBA, in addition, hosted a a private institution, as on September 1, that, at least in the initial phase at regional convention of the Law School 1962, the School became affiliated with Amherst, the Law School share a building Association in Buffalo this winter. the State University as New York's only with other departments, the law library be public law school. located in a separate building, and the �April 2, 1974 Opinion A History of the Law School faculty likewise have offices in. separate 1969, Hawkland was bemoaning "the buildings, all of which were opposed by the steady erosion of the faculty-student faculty in their own Plan of 1965. ratio," which in that year stood at 1 to 22 The controversy over physical planning as compared to 1 to 15 in 1966. Since the carried into the winter of 1965, when the faculty had extended its commitments into University, still opposed by the faculty's non-professional courses back in 1967 preference for their own facilities in a under the "jurisprudence" program, the single building, proposed that the School Dean estimated that a more accurate ratio be housed in one wing of a larger for the professional program was really 1 "pentagon" structure on the new campus. to 25 at the end of the decade. By 1966, the Law faculty had largely won Development of the library also their point, but the arrival of President deteriorated in the late Sixties, and Meyerson that summer had the effect of, following the announcement that projected rendering obsolete all previous planning. acquisitions had been revised downward Prior to the appointment of Martin from 400,000 volumes to 300,000, the Meyerson as President of the University, School suffered book budget cuts each enrollmentstood "in 1966 at 355, with over year from 1967 through 1970, with 175 entering as freshmen that year. "complete despondency resulting in our Whereas in 1962 about 50% of the students faculty" according to Dean Hawkland. Physical facilities going into 1970 were had done their undergraduate work at UB and better than 85% lived in Western New the same as they had been in 1966, York, 1966 statistics indicated that only consisting of the Eagle Street building and 25% had been UB undergraduates and 45% three floors of the Prudential Building had come from outside Western New York, several blocks away, although a faculty most coming from New York City. committee under Mr. Wade Newhouse was Although space remained a critical by then well along on planning for the new problem, with the School renting three building. A series of meetings involvingthe floors of the Prudential Building in 1965, Newhouse committee, UB facilities staff, the availability of New York State Higher and the SUNY Construction Fund finally Incentive grants, for which most of the students were eligible, somewhateased the financial aid crunch of the early Sixties. The Seven-Year Plan, launched in 1966 only to be abandoned under Meyerson, had envisioned 800 students, 60 faculty, a new building in Amherst, and innovative programs in small class instruction and in the field of Local Government Law. resolved upon a structure built to accommodate 800 students and 300,000 library volumes, for a total of 105,470 net square feet. Over the last years of the Sixties, thirteen faculty were added, although even that increase was outpaced by an enrollment expansion of 215 students from 1966 to 1969. The Meyerson Reorganization Momentous Consequences Under President Meyerson, the The last year of the decade proved to University-was radically reorganized early have momentous consequences for theLaw in 1967 into seven Faculties, each under a School, as it was the year in which.Dean Provost, with the Law. School being Hawkland resigned and in which a number designated the Faculty of Law and of academic developmentscrystalized. Jurisprudence. Dean Hawkland assumed Upon Hawkland's announcement of resignation, William Angus assumed the the office of Provost. The Faculty of Law and Jurisprudence was charged, in a mission transcending the traditional professional program, with "responsibility for providing graduate and undergraduate training and research in law along broad, inter-related disciplinary lines." Dean Hawkland noted, at the time of the reorganization, that theLaw School would become involved in "areas of knowledge formerly occupied exclusively by other disciplines." The admissions policy accompanying the reorganization recognized a responsibility to the State, as the only public law school, to admit some applicants who would obviously be rejected on quantitative scores, but announced an intention not to graduate anyone "who could not have graduated from any law school in the country." The difference between lower quality input and higher quality output was to be narrowed by "extra teaching effort." Despite the liberal admissions policy, enrollments declined in both 1967-68 and 1968-69 due to the ending of draft exemption for law students in 1967, but by 1969, many serviceman were returning to continue their interrupted legal studies, while still others, who had been admitted under a deferred admissions plan for military personnel, were entering in the fall of 1969. By 1970, returning servicemen outnumbered those who had been prevented from attending that year by military commitments. "Alarm & Pessimism" In the late Sixties, Dean Hawkland reported to Pres. Meyerson that "quantitative comparisons between plans and reality give considerable cause for alarm and pessimism. They show that the University's support has fallen far short of what is required to implement our plans." Though the School had at that time won its fight for a separate academic building on the new campus, a problem of a different nature began to develop, and by load, a development which reduced requirements by about 10%. Academic Projects International programs saw life in the 1967-68 academic year, when Prof. Milton Kaplan conducted a seminar in Comparative Environmental Law with visiting Asian scholars participating, and when the School joined with the University of Brussels to establish a comparative law program to be given in Belgium each summer. While budgetary problems caused the termination of the latter program in 1970, the School did maintain a committee on international legal studies which subsequently formulated plans for an eventual LL.M. in internationallaw. Joint degree programs also expanded in 1969, including programs with Policy Sciences, Social Work, Business Administration, Management Science, and Social Policy and Community Services. Summer courses were first to be offered the very next year, 1970, although the courses that year were all non-professional and the first professional courses were not to be offered until 1971. Since the merger with SUNY, the Law School had emphasized the development of a local government law program, and in 1967, the first concrete step was taken with the initiation of an Ombudsman Project, under Angus and Kaplan, which was to function well into 1969 handling citizen grievances against Erie County and the City of Buffalo. In 1969, prior to his resignation, Dean Hawkland was to speculate that "over the past three years; the clinical aspects of our program have increased substantially and it is possible that we now offer more opportunities for clinical work than any other law school." The clinical program, inaugurated in 1966 when Prof. Louis Swartz supervised a dozen students in Legal Aid work, proved so successful by Second EagleStreet Building, 1949-1973 1969, that some 40 seniors were then working in the Legal Aid Clinic in addition to those involved with a bail bond project where students made bail recommendations to City Court. Altogether, it was estimated that 80% of the senior class were involved in clinical work that year. The non-professional legal studies program begun in 1967 led, in 1968-69, to expanded non-professional programs with financial need. Academic developments moving into other faculties of the University, including the 1968-69 academic year included a a cooperative venture with Educational substantial curriculum revision, an Studies which that year saw a number of Ombudsman Project, the continuation of teachers from ghetto high schools an International Comparative Law participate in a year's program to upgrade program, and the completion of planning their training. An Urban Problems and Planning for Law and Society College. When the University introduced the Institute, supported by an HUD summer four-course load for undergraduates in grant in 1969, involved law faculty joining 1968, law students were spurred to with law students, undergraduates, and reconsider their own School's graduation even high school students to study area requirements, and they, found that the urban problems from an interdisciplinary requirement of 90 hours and numerous perspective. The late Sixties, a period of inculcation mandated courses was somewhat stricter than the average required elsewhere. In for many future programs, also saw the 1969, the faculty reduced graduation flourishing of one which was later to requirements to 81 hours, with only 20 become dormant, that being the program School hours of required courses, in a new in continuing legal education. The curriculum based largely on the four-course began the acceleration of that program in acting Deanship while Pres. Meyerson established a special search committee, chaired by Herman Schwartz, to conduct the search for a new Provost. Dean Angus assumed immediate responsibility for a special recruitment program for disadvantaged students in 1969, and he worked closely with the Black American Law Students Association (BALSA) to set guidelines for special admissions and 9 1966, with the production of sixteen television lectures aimed at bringing practicing attorneys up-to-date on recent developments in the state's civil and criminal law. The T.V. series continued through the academic years 1967-68 and 1968-69, covering subjects as diverse as the Constitutional Convention, the new Penal Law, and the Bankruptcy Act, but by the early Seventies, continuing education efforts had been largely abandoned, chiefly due to decliningparticipant interest. A project still in the initiation stage, the Law and Society College, had its genesis in 1969 with the sponsorship of a Law and Society Workshop which drew upon faculty from law and the humanities to provide courses, symposia, and research for undergraduates. From the Workshop emerged plans for an eventual residential college designed to promote interdisciplinary opportunities for law reform. Faculty Restructuring Also in 1969, Dean HawkI and proposed a sweepingreorganization of the Faculty's administrative structure, under which the Faculty would be divided into a School of Law and a School of Jurisprudence, each headed by a separate dean responsible to the Provost. While rejecting the division into ■ Schools, a reorganization committee established to study Hawkland's proposal did formulate a new set of By-laws, upon which the current set is based, which provided for five administrators and a number of faculty committees, on which students were given representation. The reorganization also separated the offices of Provost and Dean, with Hawkland retaining the former office and William Angus assuming the latter, from which he was to administer the professional program. Provost Hawkland functioned in that office foranother year Jacob Hyman, 1953-1964 before resigning effective September, 1971, to assume a teaching appointment at University of Illinois at Urbana. Into the Seventies After an extensive search, Dr. Richard Schwartz, a Yale Ph.D. in Sociology who had taught at Yale and Northwestern law schools, was unanimously approved by the faculty to assume the dual offices of Provost and Dean, which offices he assumed in September 1971. The building which is to be formally dedicated next week was not to open for operations for another two years following Dr. Schwartz's assumption of the Deanship, but the period designated as the Schwartz Administration should perhaps be better viewed as a coherent unit across the gulf of a few more years, rather than dissected at this writing into pre- and post-O'Brian eras, eras to which we are much too close to form a proper perspective. It has, in any case, been quite an odyssey from that single small room in Niagara University's Medical Building to this new and hopefully permanent home of the Law School, John Lord O'Brian Hall. �April 2, Opinion 10 1974 Dedication Ceremonies Explained by Dr. Marjohe Mix Asst. Dean for Student Affairs There have been inquiries about tickets for the dedicationof John Lord O'Brian Hall on Monday, April 8. The dedication of O'Brian, the first such ceremony on the Amherst campus, is in the Alden Courtroom. Students who chair or represent the following organizations and officers of the Student Bar Association were sent invitations: Student Bar Association Phi Alpha Delta Assoc. of Women Law Students Environmental Law Society International Law Club Moot Court Board Opinion Law Students' Civil Rights Research Council Puerto Rican Students Law Review Soc. on Law and Interdisc. Studies Distinguished Visitors Forum, Mitchell Lecture BALSA National Lawyers Guild ABA, Student Division on Monday morning, April 8. A remote television broadcast of the Courtroom dedicatory ceremony will be shown in Rm. 106. Tickets for admission to 106 to see the event on television will be available in my office after April 3. Amherst Cable TV (Channel 5) will also broadcast the ceremony on live television on that day. It is the relatively small number of seats available and the large number of friends of the Law School and the University that made the limited distribution of tickets necessary. First known badge issued by the Buffalo City Police Dept. for a "Justice" rests upon 1866 edition of Niagara Frontier Police Force Rules. Oddly enough, the concept of regional police is now being revived. -Belling History ofLaw in W.N.Y. Featured in Display Student Law Wives Legal Observers Athletic Committee The State University of New York at Buffalo Law School is planning a display entitled "Law and Western New York: A Visual History of Law, Lawyers and Legal Institutions," which will be held in Others invited include Faculty, conjunction with the dedication of John Lord O'Brian Hall. The the Alumni Association Board of display will be open to the public Tuesday and Wednesday, April 9-10, Directors, Directors of the Erie from 9:00 am to 5:00 pm in the Charles B. Sears Library in O'Brian County Bar Association, Judges in Hall on the UB Amherst Campus. the Bth Judicial District and Court Marilla McCarthy has spent a good part of the semester soliciting of Appeals, Faculty and deans contributions to the display and organizing its presentation. Private fromother Law Schools, members collectors and public archives have contributed legal charters, papers, of the family of John Lord photos, and relics of historical interest in the development of the legal O'Brian, members of the firms which have interviewed for placement, members of the SUNYAB Council, the U.B. Foundation, University Administrators, SUNY Albany officials, members of the State Construction fund and members of the Bar. The dedication of a new university building is a ceremonial function under the auspices of the SUNYAB Council. The Law faculty has cooperated with the Council and The President's office in p! arming the events dedicating O'Brian Hall. It was originally intended that a Dedicatory Lecture would be delivered by Earl Warren, former Chief Justice of the Supreme Court, but health considerations made it necessary to cancel this second event. The intention was to make this lecture available to law faculty and students and members of the Bar, but unfortunately the event will not take place. On Monday, April 8, a portrait of John Lord O'Brian will be unveiled by the daughters of Mr. O'Brian. Mr. Charles Horsky, a friendof Mr. O'Brian and a member of Mr. O'Brian's firm of Covington & Bruling, will address the audience on Mr. O'Brian's contribution to the field of law. The event will be presided over by William C. Baird, Chairman of the SUNYAB Council. President Robert L. Ketter and Provost Richard D. Schwartz will offer greetings from the University and Faculty of Law and Jurisprudence. A reception for invited guests will follow in the Sears Library. . If additional tickets for seats in Alden Courtroom are available, I will notify students and they will be distributed through my office profession in Western New York. At right: Writ of Habeas Corpus addressed to the Keeper of Erie Cty. Penitentiary in connection with the imprisonment of a Thomas Kelly. Below: Police Court certificate of conviction sentencing Kelly to the Penitentiary for 60 days in 1884 for Assault. From Roy Nagle Collection. -Belling , reflections on united states v. manning, 448 F.2d 992 The knock on the door splits the silence Like an axe through thin wood. And the stunned thin faces look at the door, And through the wood Seeing the bars behind. Some jump to a window and through the window To a fire escape and freedom. Others stumble to a window and through the window into sunlight and air and death five flights below. And as the heavy foot comes through the door, The last one clutches the rest of her life, So sharp and white, just needles and powder, And flushes it down the bowl. The search was illegal. W.E. �April 2,1974 Opinion 11 LRPC Report on Clinical Education continued fromlast issue C. The Trial Phase Two alternatives are currently under consideration for the Trial Phase of the Program. The first envisions continuation of the present Trial Technique course. However, to conform to the structure of the Simulation Phase the course would be reduced to eight weeks rather than twelve, and would be offered during the last eight weeks of the semester. In the second alternative, the Trial Phase would be an extension of the SLF Program, with students taking their big case to trial during the first four weeks of the Phase. Instructors who currently offer the Trial Technique course would be engaged as Special Counsel for the Trial Phase, and would be associated with the various SLFs. By concentrating eight weeks of the Big Case Phase and the first four weeks of the Trial Phase on one case, the Program wouldinvite opportunities for giving the students an excellent grounding in a particular doctrinal area or in related areas of law. The last four weeks of the Trial Phase would be devoted to criminal law cases which are about ripe for trial. The last segment of the Simulation Phase would be used to contrast the methodological differences between criminal and civil litigation and to reinforce training in criminal procedure. The Clinical Phase Having completed the Simulation Phase, third-year students would enroll in the Clinical Phase where their principal loyalty would be to another kind of law office, the clinicaloffice. The model for the proposed Clinical Phase combines several new offerings with elements of the existing curriculum to provide a unified, comprehensive, "in-house" clinical program. The model anticipates the Civil Law and development of two major clinics Criminal Law. Incorporated within each will be three to five "development components." In effect, the clinical curriculum will be merged into two teaching law offices, each containing several specialized components. Each of the three to five components will have a full-time faculty member associated with it. Each of the civil law components will have a different subject matter base and will be designed to emphasize the development of lawyers' skills and/or training for a particular mode of practice. During the 1974-75 academic year, the Civil Law Clinic will probably contain three components all of which are presently included within our clinical program. They are Family Law Litigation (currently referred to as Civil Law Clinic), School Law, and Women's Legal Clinic. Some variation of the structure of each of these courses may be required to bring them into conformity with the program model. In 1975-76 the addition of two subject components to the Civil Law Clinic is planned. The subject focus of the additional components is uncertain at this time. The Criminal Law Clinic is designed to afford students with an opportunity to provide supervised representation to criminal defendants at each of several stages in the criminal justice process, from arraignment through incarceration. The Criminal Law Clinic will likely include the following components: misdemeanor representation, felony litigation, criminal appeals, and correction law — litigation. The overall program design is predicated on the assumption that the clinical model may be an effective vehicle for teaching not only practice skills, but substantive law as well. However, this objective may only be fulfilled with intensified exposure to a particular area of substantive law or mode of practice during the clinical experience. Therefore, students in the program will enroll in one of the components of either the Civil or Criminal Clinic, and will remain identified with that component for the duration of the program. They will concentrate their efforts on live client cases included within the substantive law focus of the component. Each of the components will include a substantively based seminar, which will be correlated to the work of the clinic and required forall students. Each participant will receive nine credits for participation in the program. Six credits will be awarded for the clinical segment, and three credits for the seminar. An important feature of the proposed model is the merger of the program into two major clinics. This structural change is calculated to maximize the educational potential of clinical work while minimizing the administrative burdens of the program. The proposed program envisions the continued development of a clinical center at O'Brian Hall. The center will be a teaching law office staffed entirely by faculty and students from the Law School. The "in-house" the practitioners, no credit or grade would be earned. center eliminates the necessity of "farming out" students to outside agencies for fieldwork training. Credit Structure; Grading Other benefits of the teaching law office include the following: First, it provides a concrete model in which to teach intake control, case selection, employee relations, filing systems, and other aspects of law office management. Such opportunities rarely exist at outside agencies. Second, itaffordsus the prerogativeof regulating intake. Maintaining control over the volume of cases is essential when the primary office objective is education rather than service. Third, the maintenance of an O'Brian Hall officealleviates a serious logistical problem. Law Office Research and Writing; An Alternative The Clinical Phase might be expanded in order to accommodate students who have participated in the Simulation Phase, but prefer lawyering experiences other than the varieties providedby the legal-aid oriented clinics. The alternative might be particularly attractive to highly motivated students who have decided that they have little interest in the litigation side of lawyering. It might attract others with special interests in exploring, along with practitioners, methods for filling particular unmet legal service needs not provided by the clinics (e.g., for the aged or for persons in mental institutions); or those who seek exposure to specialized forms of law practice (e.g., tax law, labor law, international transactions). Prior to the beginning of the school year qualified and interested third-year students would indicate the field or alternative fields of law or specific types of projects in which they would like to do research and writing in the context of law practice. Ideally, the students would propose to work in teams, the members of which would be affiliated with the same SLFs (but different combinations would be permitted). In some cases the students themselves might identify private or public law offices with which they might want to be affiliated. The students would not be permitted to work directly for clients, such as community organizations, but could serve the needs of particular clienteles or community groups by working with their counsel. Members of the legal community of the Niagara Frontier would be informed of this potential student pool, and of the ground rules by which it might be utilized to provide backup work in litigation, law reform efforts or other lawyer tasks involving challenging and perhaps unique questions of law. Lawyers desiring to use this resource would describe their projects in statements to be submitted to a Clearinghouse Committee. The Committee would be a small one, probably composed of faculty and student members. The Committee would endeavor to match the lawyers' requests with studentinterests and the interests of faculty members who might volunteer to serve as faculty supervisors in particular projects. The Committee would screen project proposals, accept only those presenting seriousintellectual challenges, and reject those likely to yield only pedestrian products. Faculty members agreeing to supervise projects with a specified minimum number of students for a period of or equivalent to a complete semester could request a reduced course load. Otherwise, faculty particpation would be on an extra-load basis, as with the Clerkship Program and independent study projects. Having satisfactorily completed the Simulation part of the Program, the students would be expected to have some familiarity with pertinent aspects of law office practice, and, in particular, with the nature and functions of various types of legal process and instruments. Accordingly, the students would be in a position to provide valuable services without having to burden the practitioners or faculty supervisors with the teaching of such fundamentals. Neither fegal-aid clients nor outside practitioners should have to suffer the kinds of student errors that can be avoided through adequate preliminary simulation training. Unlike standard clerkship or apprenticeship programs, in the arrangements here proposed the members of the student teams would retain a degree of independence similar to that enjoyed by special counsel or consultants; they would not be regarded as staffmembers of the offices being serviced. The distinction would be stressed to makeit clear that the students'roles must not include the repetitive and unrewarding routines of law It is suggested that successful completion of the Simulation Phase of the Program earn a total of six to nine credits, in effect the equivalent of two to three semester courses. Possibly a pass-fail system of grading would be best, but this remains to be determined in the light of larger policy decisions on grading. If a pass-fail system were adopted, partners' letters acknowledging superior performance should be given to the studentsand placed on the school records. The Program should afford an opportunity to experiment with an innovative incentive system. The present system of working for grades, rather than towards perfection of a service or product, leaves something to be desired. An alternative method would be to apply the principle of "mastery" learning. Mastery learning requires the student to continue to work on a product until it has reached the criteriaof satisfactory performance established by the instructor. Under the mastery principle, the student would stay at a given level until he/she satisfactorily completed the required work at that level. In the context of the proposed Program this would mean that the Managing Partner would require the student to continue to redraft a documentuntil it met the standard established by the Partner. The ultimate penalty for failure might be more than a failing grade; it might include dropping the student from the Program. Those who satisfactorily perform in the Clinical Phase of the Program would receive six credits. Under the present program they receive six credits for work in the Civil Law Clinic and three credits for the companion seminar. The six credits would reflect the equivalent of two seminars' work, even though the case activity would taper off prior to the end of the spring semester. In effect, the students and participating faculty members in the law office research and writing branch of the Clinical Phase would negotiate the terms and conditions "for performance in each proposed project, including the element of credit. Thus credits would be earned on a project basis, rather than on a semester basis. Appropriate criteria would be established in advance, perhaps requiring a fixed minimum expenditure of time for each unit of credit. Each project for which student credit is sought would be subject to the approval of the Clearinghouse Committee, and possibly subject to further endorsement by the Academic Policy and Program Committee. In any event, the latter Committee would have to approve any project for which the supervising faculty member would be given teaching credit. Administrative Supervision and Coordination During the demonstration period, overall supervision for the proposed Program shall be entrusted to the Project Director, who shall be a full-time member of the faculty. Supervision and coordination of the activities of the Simulation Phase will require the Director to devote half time to this segment of the experiment. Theremainder of the Director's time would be devoted to teaching in the ClinicalPhase of the Program. The Committee recommends that a Clinical Fellow be appointed to assist with the operation of the Program. The fellow, who should be a law school graduate with *ome experience in law practice, would primarily work in the Clinical Phase assisting the Project Director and faculty with program administration, and supervision of students with case development and presentation. Faculty and Staff Resource Needs A serious obstacle to launching a program with the dimensions of the Practice Training Program is the inadequacy of faculty, administrative, and secretarial resources within our Faculty. Programs such as the one that has been proposed are labor intensive and considerably more expensive than conventional courses in our curriculum. During the demonstration period, the resource problem is ameliorated to some extent in that CLEPR will provide partial funds sufficient for us to support two full-time secretaries and a Clinical Fellow. The University's administration must begin to recognize that innovative educational programs which we are capable of An important factor motivating diligent andsuperior developing and implementing are expensive; and that the costs for these experiments will neither come from outside application would be the work on the part of tfie students sources nor may they be a drain on our superior of the "mastery"concept, to be discussed below. Until the professional program. work of the students is held to be worthy, of submission to clerking. �April 2, 1974 Opinion 12 LRPC Report on Legal Studies A. Legal studies generally By legal studies we refer to a cluster of activities united not by a single distinguishing feature, but by theirmutual relevance and perhaps by their susceptibility to coordinated direction and management. We visualize this cluster of activities as complementary to the professional program of the Faculty. They are, in varying degrees, distinct from the professional program in pedagogical setting, in modes of approach, and inintellectual stance. (i) Thus the legal studies undertakings include provision for teaching students other than those preparing themselves for the practice of law. (ii) They emphasize socio-legal approaches to the understanding of law. By socio-legal inquiry we mean that which approaches law as a social process rather than as a self-contained body of authoritative learning. What is here called socio-legal research includes a variety of different kinds of intellectual undertakings, from historical and descriptive studies to inquiry organized around specific policy problems, to research which aspires to general theory. We proceed on the assumption that it is desirable to promote this whole range of activities, that they have mutual relevance, and that they would be mutually reinforcing. (iii) They are designed to provide a congenial setting for formats of inquiry that may be constrained by the responsibilities of the professional program. They are also freed from the emphasis on short-term problem-solving that dominates the professional program, rendering difficult the sustained examination of basic theoretical issues. Not only can they have a wider scope in both time and space, but these programs permit inquiry that goes beyond the received paradigm of the legal order underlying professional training; what is necessarily axiomatic in the professional program can be treated as problematic in the legal studies setting. B. Teaching in the wider university setting 1. Broad program of course offerings for undergraduates We regard it as both an opportunity and an obligation for the Law School to present a broad array of course offerings which provide an introduction to the legal process (e.g. law 201) or to specific areas and problems within it. This is a contribution to general liberal education that this Faculty can make and should make. Although no attempt is made to survey the potential demand for such courses, past experience indicates a very widespread undergraduate interest in such introductory courses about law and suggests that there is also considerable interest in further courses along these lines. We would hope that a sizable portion of this Faculty would contribute to these courses. 2. Law in other disciplinary settings This means courses on law which are particularly relevant to the concerns of other units of the university. For example, courses in the education, social work, or engineering schools, designed not as a general introduction to law but to provide an understanding of legal issues and the effect these subjects and of legal resources for addressing their problems. We believe this Faculty should, as part of its commitment to provide service to the university community, try to do more of this. We anticipate that such courses or seminars wouldbe mostly on the graduate level, but some may also be for undergraduates. 3. A major or intensive program for undergraduates We believe that the Faculty should re-affirm its commitment to the development of an undergraduate "law and society" program, which focuses on law as an institution or process in society as well as a special kind of learning about society. These matters should be approached not only from within legal scholarship, but also from the vantage points of other disciplines. We do not visualize this undergraduate program as subordinate to or derivate of the professional program. Such a program should include some courses that utilize the methods and cultivate the skills of close analysis which are emphasized in the professional program. But the intensive program should not be a "pre-law" curriculum. Nor should it consist of the teaching of "law" in the professional style. Nor should it address itself to surveying "thelaw." Instead, it should aim at using the law (i.e. the study of law in the broadest sense) as the vehicle for a broad general education, providing an acquaintance with major accomplishments of human knowledge, an introduction to the major modes of disciplined inquiry, and an intensive cultivationof a student's critical faculties. We believe that law provides exciting and unique possibilities as the organizing theme of a program of general education. Thekind of program we envision has the advantage of avoiding the compartmentalization along disciplinary lines that afflicts most undergraduate education. The law presents an opportunity to construct a program around the systematic examination of a common set of phenomena from multiple perspectives. Again, the law provides an opportunity for intensive consideration of problems of responsible decision-making that is rare in American undergraduate education. Generally, American undergraduate programs fail to introduce students in a systematic way to complexities of decision-making, nor do they consider in a sustained and coherent way problems of applying normative learning and empirical knowledge to concrete problems. In general, they neglect questions of utilizing knowledge in action. The law offers an opportunity to organize a program which addresses some of these deficiencies. Thus it provides an opportunity for examining the relevance of different kinds of human knowledge in the designing, implementingand monitoring of social policy. We think that the course of study in such a program would encompass not only courses and seminars, but also workshops, work-study and clinicalprograms and a variety of extracurricular enrichments, including theatre, music, art, film, etc. This is, we believe it should not be merely an academic program, but should reach for the creation of an intellectual community among the participants, both Faculty and students. There is a growing interest, in many colleges and universities in undergraduate legal education. Although there are a number of useful sources that can be tapped in the specific design of such a program, there are no existing program which fit our needs and strengths. Nor are there any tested guidelines for formatand curriculum that could be readily adapted to our program. An undertaking of this kind at Buffalo would entail considerable investment in a curricular design and considerable experimentation in seeing what curriculum and format would be effective in implementing that design. We believe such a program could secure extensive and valuable contributions from other parts of the university. Members of other faculties at this university have expressed enthusiastic interest in an undergraduate law The Faculty of Social Sciences and program. Administration is presently contemplating a "law and society" track in its faculty-wide major. It is expected that this "law and society" major will be in operationby the 1974-1975 academic year. Since it appears that any major efforts by this faculty will not take place until some time further in the future, we should utilize this program as an appropriate vehicle for our interest in undergraduate teaching. The designers of the program are very eager to encourage a major contribution to it by members of the Law Faculty. We also should be able to learn a good deal from experience in this program. Werecommend that the Advisory Board on Law and Social Science Programs, which is already at work in the area of joint-degree programs, be asked to expand its scope to include undergraduate programs. This body would be useful in coordinating of efforts of this Faculty and the Social Sciences Faculty and to provide a forum for working out future collaboration in this area. We believe thatsuch a program shouldbe recognized as an important part of the mission of this Faculty and that work in this program and in other aspects of legal studies must be given full credit as a contribution in the making of tenure decisions. The program should enjoy a substantial degree of autonomy. It shouldbe run by the faculty who teach in it. They should decide on curriculum, requirements, admission to the program and teaching assignments without detailed review by the full Faculty. Law and Society College We leave open the question of whether the intensive "law and society" program that we propose should be cast in the mold of a residential college. We are persuaded that such an arrangement would bring considerable advantages in terms of more intense educational experiences which would result from the richer student life and greater opportunities for extracurricular activities which wouldbe possible in a residential setting. But these exciting educational vistas bring with them very heavy administrative burdens. With so many other plans calling on our scarce resources, we have some doubts about the feasibility of the Faculty taking on these burdens. We conclude then that the feasibility of a College depends very much on the presence of a person (or persons) to serve as intellectual entrepreneur/resident master/administrator. In the absence of an exceptionally qualified and enthusiastic candidate, we feel that it would be better to proceed with a program/major without taking — - on the additional administrative burden ot a residential college. We assume that anyone capable of running such a College would insist on having a substantial degree of in doing so. As we indicated earlier, we think undergraduate programs should be designed and managed by-those who teach them and this of course goes for the College. It would be well to establish a convention giving broad leeway to the group actively involved in the undergraduate program to chooseits own colleagues. We recommend that the search for a person qualified to head the College (or in the alternative, the intensive undergraduate program) should be given a high priority in our recruiting efforts. C. Advanced study autonomy — 1. Doctoral program the Ph.D. in law We think that eventually the Faculty's commitment to legal studies should include a doctoral program which builds on the distinctive strengths and interests of this Faculty. This would not be another jSD program, but one specifically designed to give advanced training in the contextual and social dimensions of the legal process. We feel that at this time it is premature to formulate a Ph.D. program in any detail. We think that the Faculty should begin to explore with the State Department of Education and other certifying bodies the necessary conditions for and dimensions of such a degree program. It is recognized that such a program would require a substantial commitment of office space and secretarial help, as well as some financial assistance for students. In the interim, existing needs for doctoral programs can be met by utilizing the Ph.D. in policy studieswhich has modest core requirements and allows ample flexibility in the design of individual programs. 2. Master's program in socio-legal research We believe this Faculty is already in a position to offer a program of intensive training in the area of socio-legal research. We visualize that we are likely to be called on for such a program, perhaps particularly by overseas students (mostly young law teachers). Such a program, leading to the Masters degree, would be limited to a small number of entrants, and would involve intensive work in courses both in the Law School and in the Social Science Departments. Each student's program would be devised to meet his individual needs and would involve considerableindividual guidance. We recommend that when we approach the certifying bodies with our other LL.M. proposals (in Stateand Local Government and in International Law) that this program be included. 3. Non-degree visitors programs We think it is important to provide opportunity for advanced work outside the frameworkof degree programs. We commend to the Faculty severalprograms for advanced work which we think would enrich the intellectual life of our community as well as providing a valuable service to the recipients. (i) The first of these might be called the mid-career fellowship. This would be for persons with extensive professional experience, either in practice or in administration, who would want the time to reflect upon their experience during a one-year (or a shorter period) residence. (ii) A somewhat different kind of visitor might be called the scholar-in-residence. By this we mean scholars, law teachers, social scientists or humanists, interested in undertaking further training which we might provide or in working on research and writing which is relevant to our interests. We recommend that the Faculty seek outside support for a program which would enable us to have visitors of these kinds over the coming years. D. Research 1. Facilitating faculty research We envision that legal scholarship will continue to move away from the classical pattern of library research. Hence, we anticipate increasing interest in the techniques of data collection and data analysis which have until recently remained outside the ambit of legal scholarship and in the possibility of collaborationwith scholars trained in other disciplines. A response to these needs will, we believe, become a major institutional responsibility over the coming years. We think that the legal studiesprogram should have a research component which could encourage this broadening of research skills and facilitate their exercise. One of the functions of such a research component would be to provide (or arrange for) technical services in connection with designing and carrying out field research e.g. assistance with statistical and survey matters. continued next Issue - �April 2, 1974 Opinion Moot Court Annual Report . 13 Book Reviews '.. Continued from page 3 four members for at least one month before that. If duties include researching and drafting legal winning is everything, the team did not succeed. memoranda under the directionof a seniormember, They lost to the first round opponent in the single presenting oral argument in practice and elimination contest. While the team members felt various administrative duties intendedsessions, to develop they had done their best, they recognized at the familiarity with the Board's function. Nationals that success depended almost as much on 4) After the Desmond Competition and knowing what to expect from the judges and other candidate selection, the Board faced the balance of teams as it did on master of the complex legal issues. the academic year with anticipation. Board meetings In that regard, the team felt that the lack of were held to formulate teams and procedures for knowledge of what to expect, i.e. a method by upcoming competitions. This involved designating which to approach the National Competition, should competition chairpersons and assigning candidates to not be a problem that reoccurs annually. They set the various teams. The first of these competitions out therefore, on returning to Buffalo, to record was the annual Niagara Competition held at Wayne specifically their reflections on strategic mistakes State University in Detroit. The Buffalo entry that can be avoided by future teams and to give to finished as semi-finalists in the contest and garnered those teams a comprehensive handbook covering all the best oralist award. The Philip jessup aspects of the National Competition. The hope is International Law Moot Court Competition followed that in the years to come, the handbook will be closely after the Niagara. The competition, held at expanded and revised and help our teams succeed in Cornell Law School, saw our team reach the final the Nationals. round before losing narrowly to the host school. A 2) While the Alden Moot Court Room was new competition organized by .the patent and officially dedicated on October 22, 1973, when the copyright bar of Washington, D.C., created a good continued frompage 4 excerpts from leadingarticles, ancf notes by theauthor account for the book's precision and depth." In addition to this literary achievement, Professor Goldstein has devoted his time and talents this year to writing two articles in the copyright field and also a third article in the field of computer communications systems. He has also been a principal investigator of a project supported by the National Science Foundation. The project concerns the legal conditions surrounding innovation in instructional materials for elementary schools. The project should be completed next fall and will result in another book by Professor Goldstein. Professor Goldstein is also the senior staff consultant to Cabledata Associates Inc., a research and development firm in Palo Alto, California. His most recent work for this firm involves a report concerning secrecy and security problems in advanced computer communications technology. Both Professor Buergenthal and Professor Goldstein are outstanding teachers, gifted legal experts, and tireless and energetic scholars whose works have proved enlightening and valuable to the legal community not only at our law school, but to the legal community in our country and also abroad. There is, however, one subject in which Professors Buergenthal and Goldstein could collaborate and which, I am sure, would be perhaps the greatest Law School hosted arare "out of Rochester" session deal of interest among Board members. The Board contribution made to the law student. Professors, please write a book, of the Appelate Division 4th Department, theBoard organized a team, and the members set out to the title of which couldbe How WeFound the Forty-Eight Hour Day. believes the real inaugural of the room took place research the complex patent and anti-trust problem. during the annual Charles S. Desmond Competition. Before long, they were unexpectedly notified that The 1973 Desmond was a whopping success. Nearly due to an unexpectedly large response from law forty students from the first and second yearclasses schools, the organizers planned on choosing only participated in the grueling round-robin tournament. eight teams tocompete orally. The choices wouldbe Moreover, the Competition brought to the Law made on the basis of the quality of the submitted Thc Association of Women munity children on Sunday afterSchool (many for the first time) a significant number briefs. At this writing, the Buffalo entry has been Law Students (AWLS) held a noon, April 21. During theafterof members of the local trench and bar to judge the notified of their selection as one of the eight meeting on Tuesday afternoon, noon, parents are asked to meet arguments. This cooperation between the Board and competing teams, and they are preparing for the trip March 25, to discuss plans for a with the AWLS Day Care Comthe local judiciary and bar has a long tradition and to Washington by holding practice arguments on an day care center at the Amherst mittee. (Specific times and locahelps to solidify the relationship between the almost daily basis. campus. On April 10th and 11th, tions will be announced.) All in5} One of the most satisfying activities of the surveys of interests and needs will terested in the project (students, academic and practicing legal communities. "The Chief," judgeDesmond, again presided over the final year for the MootCourt Board saw the Albert Mugel be taken on the 2nd floor in front faculty, and staff), please leave a arguments, joining with him on the final round Tax Competition get off the ground. This of the library, of Law Students, note in the AWLS office, Room panel were Court of Appeals Associate Judge competition, conceived of last year, is planned for Faculty, and Staff, who are par- 509. Matthew Jasen, Professor Kenneth Joyce and John April sth and 6th atO'Brian Hall. Seven law schools ents. After the results are compilNotice of the April AWLS Marsh, now the Presiding Justice at the 4th from the Northeast and Central states will compete ed, more definite steps will be takDepartment. The Desmond Competition was capped in the round-robin competition. The Board, while en in terms of time, place, pro- meeting will be posted in the grams, off by a banquet catered by University Food fielding its own team, has worked diligently to insure finances, etc. for the cen- AWLS office. There is an open inServices and held, surprisingly comfortably, in the an interesting and smoothly run competition. The ter. vitation for all those who wish to The AWLS will also sponsor a become active in any of the fourth floor lounge areas of O'Brian Hall. Board is currently engaged in recruiting judges for 3) The Desmond does not end altogether with a the rounds including a congressman and judges from Spring Party forLaw School Com- group's projects. banquet. The week following the final round, the United States Tax Court. We expect the unique individual scores given by the various judges were Mugel Competition to be an annual event bringing compiled and analyzed by Board members. Then the leading tax experts both locally and nationally to followed a marathon Board meeting wherein the the law school. 6) Board members for the year were: Chairman relative merits of the Desmond participants were put forth or not put forth, as the case may be. The Lance Mark, Vice-chairman Tim Toohey, Joe by lan DeWaal uate college next year. There was Board concluded by selecting over twenty students Burden, Cy Cloner, Jim DeVoy, Mike Dunlavey, Ben dispute as to whether this was an for candidacy. The period of candidacy runs from Idziak, Peter Jasen, Kay Latona, Marty Miller, Tom Volunteers are urgently needed appropriate limitation and it is selection until the following spring. Candidates' Mullaney and Tom Quinn. to act as ushers during the Dedica- not clear what the outcome will tion ceremony on April 8. If you be. To complicate matters further, are interested, please contact me in 303 immediately, no later than the Senate supported a bill sponWednesday. Ushers will be needed sored by the Board of Regents from approximately 2:00 to 4:00 which would more closely parallel during the Dedication activities. the current Scholar Incentive program, though still providing more On April sth and 6th, 1974, Donald Bergevin, Benjamin Idziak dition to the final round which the 11.8. Moot Court Board will and Thomas Multaney. will follow. All students and facul- Ushers will have an opportunity fund s for students at private cordially be sponsoring its first annual Almembers are invited observe the Dedication ty to The arguments will begin at cere- schools. bert R. Mugel Moot Court Tax 2:00 P.M. on Friday, April sth. to attend the competition. For mony either in the Moot CourtThere is a lot of politics involCompetition in John Lord The Saturday rounds will be at further information contact the room or Room 106 via closed cir- ved in this issue and the Financial O'Brian Hall. Law schools from 9:30 A.M. and 12:30 P.M. in ad- Moot Court Office at 636-2037. cuit T.V. and will be welcome to Aid office has no indication yet of various portions of the East and attend thereception following the how these twodifferent approachMid-West will be participating in formal ceremony. es will bereconciled. this unique event. "Pre-registration" is now takIn relation to Dedication, no classes will be heldafter 1:00 p.m. ing place for summer session clasJudges for the competition on April 8. In addition, the Law ses. If you are interested in athave been selected on the basis of Library will be closed both the tending a class this summer, please their expertise in the area of perday of the Dedication and the sign the sheets on the third floor sonal income taxation. Albert R. "What happened to the ac- interest in working in any of these Sunday immediately preceding Registrar's bulletin board. Mr. Mugel, Professor of Law at U.8., will sit as the Chief Justice for the tivism of the '60's?" This question areas should talk to people in the (April 7) to allow for setting up of Wallin is attempting to get a reaequipment. sonable indication of what the definal round of the competition was posed at the regular meeting Guildoffice, Room 118. Laura Zeisal read a letter promand will be. which will be at 4:00 P.M. in the of the Buffalo chapter of the Hopefully, by the time you Moot Court Room on Saturday, National Lawyers Guild, held posing an Alternative Career Day. Finally, the response of stuApril 6th. In addition to Mr. Mu- Wednesday, March 6. Anyone Hopefully this project will bring read this, agreement will have gel, the Honorable William A. with an answer should see Michael Public Defenders, Legal Aid, been reached on what form the dents in interviewing prospective Goffe, Associate Justice of the Stoller, John Stuart, or Barbara movement law firm, and law col- Scholar Incentive award program faculty members has been dismal year. As of this to non-existent. When a candidate United States Tax Court in Wash- Morrison, who are trying to work lective people to the campus will take next ington, D.C. will also be on the out a program for a day of activi- something this spring, to discuss writing, confusion still reigns in for a position at the law school is options Albany outside traditional as what bill will emerge scheduled for a visit, notice of a to finalround panel. ties relating this theme to the career for the Governor's approval. The time for student interviewsis posThe case to be mooted involves social/political problems of the forms of practice. Assembly had passed one bill ted next to the cafeteria entrance. a question on taxation of private 70's, to be held sometime this Next meeting will be Wednes- which would have replaced the If you are interested in having annuities. The problem itself was spring at O'Brian Hall. 1061 Scholar Incentive Program with a some input into faculty selection at projects day, p.m. March 7:30 27, Reports of on-going developed by Professor Kenneth the candiJoyce of the Law School and was included Women's Prison Project, Kensington. In addition to the Tv i tion Assistance Plan. This and also in providing amounts date with an opportunity to seadopted from an actual case Welfare Rights, Attica Evidence usual reports, participants in the would have increased the student views of the school, Regional private Mid-east and National available those cure to in which is now pending before the Project, Attica Jury Project, and payments to please sign up in room 312 as noU.S. Supreme Court. The team Veteran's Discharge Upgrading. Executive Board meetings will dis- schools, but limited freshman first entering undergrad- tices are posted. from U.B. will be made up of Law students or faculty with an cuss issuesraised there. AWLS Plans Day Care ' Turn of the Screw Moot Court Tax Competition Scheduled This Weekend Guild Chapter to Run Involvement Fest �April 2, Opinion 14 Career Day Well Received, Described as Successful 1974 Alumni Line by Earl S. Carrel Although no one has said anything directly to me, I have heard some comments regarding the vituperativeness of this column and therefore some disclaimer must be made. The matter presented in this column does not necessarily reflect the opinions of the U/B Law School Alumni Association,its officers, or directors. Nor doesit represent the editorial policy of Opinion. I enjoyed the Annual Alumni Dinner and it was good to see the large turnout of Alumni and spouses. There did, however, seem to be an overabundance of older alumni, or perhaps just a small showing of younger folk. Many thanks to the firms who donated tickets to the Law School so that leaders of the student organizations could attend. Elsewhere in thjs issue of Opinion there is an article on the dinner. I have not yet read that story as I write this piece. For those who were in attendance, I feel the comments of Justice Walter J. Mahoney regarding the Law School were quite thoughtprovoking. Two issues ago I voiced some opinions about the grading system. In the last issue there appeared an editorial on that same topic. Prof. William R. Greiner took up my challenge to defend the present grading system and his answer appears, in its entirety, minus a bill for $50.00, introduces Career Day panel consisting of representatives of various size law firms, in this editionof Opinion. Moderator -Centner corporation practice, NI.RB, and the District Attorney's office. A student recently offered a bit of criticism toward thiscolumn Over 100 students are estimatand charged that I am misleading the student body of the Law School ed to have participated in the by implying that the Law School now has a full-time placement School's first Career Day activiofficer. As a matter of clarification, what I had said was "Pat Hollanties, held the afternoon of March der ... is now directing placement, continuing legal education, and 8, under the joint sponsorship of alumni functions of the Law School. It is about time one person, on the Alumni Association and the the staff full time, was responsible for these importantareas." (Feb. Placement Office. 12, 1974) This statement does not imply in any way a full time placeAbout 70 students were cramment director. It does state the true fact that Mrs. Hollander is here ming lecture room 112 as the serfull time (as opposed to the once every month of Tom Hurley) and has ies of presentations began, for other duties besides placement. When the statement in question was while original plans were to utilize written, no provision was made for the unfortunately typical administhe larger lecture hall 106, Prof. trative foul-up which has resulted in a half-time teaching line and a Hamburger's New York Practice half-time NTP line. Nor was any provision made for the foul-up which classhad pre-empted the larger faresulted in no pay for Mrs. Hollander. I hope the folks in Albany and cility. on Elmwood have seen fit to release a few paychecks. Peggy Beilfuss Observers were pleased with was a nice girl, but she was not too concerned with jobplacement. The the heavy initial attendance at the situation at the Law School is immeasurably better than in the past Career Day functions, as some had number of years. feared that a number of conflicting activities, unusual fora Friday Jeremiah J. Moriarty, '39, of Franklinville,has been appointed afternoon, would have an adverse to the New York State Court of Claims for a term ending July 10, impact on student participation. 1979. Pat Hollander, Placement Director, remarked that she was "surHon. Frederick M. Marshall, '49, has been appointed administraprised at the heavy turnout," tive judge of the Bth Judicial District. He was formerlyadministrative crediting second-year student Saljudge for criminal justice. Prior to his service on the Supreme Court, ly Fox for having done a lot of Justice Marshall was an Erie County Court judge. the work. In addition to Prof. Hamburger's class, SBA was meetHon. Charles J. Gaughan, '50, New York State supreme court ing during the Career Day presenjustice and administrative judge for the Bth Judicial District died tationsand the Associationof WoMarch 6,^1974. Justice Gaughan had only recently been appointed men Law Students was throwing a administrative judge. Prior to his time on the Supreme Court Bench, he party to celebrate Women's Day. was a Town of Hamburg justice and supervisor, assistant Erie County Despite the conflicting events, District Attorney, and Erie County Court Judge. students filled the hall all afternoon, many of them afterwards Hon. Thomas J. Ryan, '48, has been appointed administrative attending a reception in the Faculjudge for criminal justice for the Bth Judicial District. In addition to ty Lounge. his service as a Supreme Court justice, Justice Ryan is a former Erie The Law Alumni Association County Sheriff. had developed the program in two parts, one of which was to brief Leonard F. Walentynowicz, '55, has been nominated by Pres. students on the variety of legal Attorney Samuel Green explains relative benefits of employment with Nixon to be director of embassy security for the U.S. State Departcareers and the other to prepare small-sizefirm. -Centner ment. Mr. Walentynowicz is currently an instructor in Trial Technique students to seek employment. at the Law School. Representatives of various size ftrms and diverse practices each addressed the assembled students on the advantages of their field of workand on how to apply for employment in that area. by Jack Goodchild "You're fortunate with this and advantage of by precious few of current trends and expectation monial law to date. She termed it of "the people". in the law as it relates to the rights probably the most resistant area panel," said sole practitioner EuIt's no wonder that people are The event was the first seminar ofwomen. to change. As sources of difficulgene Tenney. "They tell it like it so hesitant to do things, to get in- of the series, the subject matter Professor Girth presented a ty, she cited preponderance of is." being judges and the difficulty of Ms. volved. You've "Women male Hollander, According to and the Law". Pre- brief synopsis of the significance got to hustle hard the alumni "were pleased with the to get anywhere and even when senting the benefit of their accum- and implication of the Equal awakening women to their ability to assert themselves within the quantity of the student participa- you do you're lucky to get a little. ulated knowledge and insight were Rights Amendment. She pointed law. tion and the quality of the stu- I knew this before I started push- Marjorie Girth and Kenneth out the vital distinction between ing faculty adoption principles little Davidson of our own and the of the response inmy idea of bringing redents they spoke to." In Placement sources to "the people" but I've Barbara Handschu, attorney part- volved and the actual application Well, there it is: the gist of a to some criticism that "alternative got a little freedom to spread ner tn the firm of Handschu and thereof. most informative, worthwhileand included have should Actually things Klaif. weren't Professor Davidson synopsized yet poorly attended seminar. And at legal careers" in the presentations, around and so I went ahead anyof the the state of thelaw as it relates to thus it pains me to have to say Ms Hollander noted that a second way. The oppressive truth was all grim, mainly because of brought openness rights later home this rea ness and the of women in the field of that due to that poor response, past in I be held once more career day would panel. With an almost one-to-one employment. the seminars scheduled for April Aoril and that additional career Wednesday March 13th when ratio of audience panel had to presented some valuable effort on the part we Barbara Handschu described 10th and May Bth have been canopportunities would be of fine people was taken heed of a very full and pleasant discussion the state and evolution of matri- celled. at that time. ACLU Seminar: Poor Attendance, But Lauded �AtfA i W4 oom° NLG Plans Regional Law School Program by John Stuart The Mid-Eastern Regional meeting of the Guild took place March 8-10 in Windsor, Ontario, and quickly recognized that much of the Guild's support in the present and immediate future is coming from law students. Representatives from Detroit, Cleveland, Columbus, Cincinnati, Pittsburgh, and Buffalo agreed that regional organizing efforts in these cities must focus on the law schools. Accordingly, plans are under way for speaker exchanges and a travelling workshop, to combine education and organization in presenting the Guild point of view to students. Following the plenary session on Saturday, March 9, was a panel discussion of "Alternative Forms of Practice." Representatives of Legal Services, Pittsburgh Legal Collective, and a Detroit move- 15 ment law firm joined a University of Ohio taw professor and a Columbus municipal judge, to present their viewpoints on harmonizing legal work with political commitment. In the lively twohour discussion that followed each participant tried to deal with the problems inherent in their forms of practice: What are the constraints on a judge who is sympathetic to the legal problems of the poor? How can a law professor use his/her position as a forum to take stands that go beyond traditional academic concerns? How can law firms and law collectives make their own internal workings more democratic while carrying heavy case loads? Later afternoon and evening activities included Informational Workshops on Attica Brothers Legal Defense, Tenants' Rights, and Labor. In each of these, a crosssection of Guild membership, in- eluding students, law professors, and experienced trial lawyers, concentrated on methods of dealing with specific legal problems. After dinner, Ernie Goodman, a past president of the NLG, spoke on his recent Guildsponsored trip to North Vietnam: the contrast between re-building in Hanoi and corruption in Saigon; the ability of the North Vietnamese to distinguish between "the American people" whom they credit with thebombing halt and "the American government"; the role of lawyers society; and the efa socialist in forts of North Vietnamese women in achieving full equality. This talk was followed by a performance by El Teatro Palomina, a Chicano guerilla theater group, and a party. After separate Men's and Women's Breakfasts and a meeting, Sunday women's - - morning was devoted to criticism and self-criticism focused on two issues: sexism within the Guild, and the situation of the Guild as a predominantly white organization. Women from the Detroit Guild discussed the problems they had experienced in trying to organize a women's group within the local Guild chapter, and a panel of Third World law students discussed the difficulties involved in minority admissions: if law schools admit minority students preferentially, but then refuse to change their teaching and evaluation procedures to meet the needs of these students, the students tend to flunk out at Wayne State, 13 out of 15 flunked out first year. The Buffalo chapter's representatives at the Regional included: Bob Hilliard, John Shaw, John Stuart, Sallie Sheldon, and Stuart Cohen. - Grading Ranges... Govt. & Land FALL SEMESTER 1973-1974 H» Civil Procedure (a) Homburger Kochery Schlegel Hyman Contracts -1 -1 Fleming McCarty Rickert R.Gordon i until.il Law Schwartz Birzon Katz --- Davidson Laufer M.Gordon Harring D 8 11 4 4 63 61 63 53 10 13 11 9 11 18 7 8 1 2 orts 0 9 9 9 15 -4 Holiey K 12 8 10 13 49 64 54 49 Kaplan Total Graded F 13 8 2 7 52 52 74 42 12 8 58 61 60 48 9 10 9 11 3 3 84 88 78 67 1 3 74 82 65 75 - 2 75 82 85 64 3 1 79 83 4 1 1 ■ 9 Land Trans. Goldstein Philosophy ofLaw Franklin Civil Law Clinic Part Girth-RosenbergPart II Seminar Boyer -egal Problems of inviron. Quality Reis Conflict of Laws Laufer Const. Law (b) Mann Contemp. Int. Law H Q 3 23 32 6 16 57 7 17 32 1 1 2 DelCotto Criminal Procedure Mazor 80 51 4 51 5 7 39 14 18 - 1 35 4 9 4- 17 19 15 2 6 34 2- 10 115 1 14 67 31 5 33 44 3 1 18 23 - 42 Swartz :ederal Jurisdiction Katz _abor Law „;,..Atleson :ederal Tax (b) 1 Joyce 10 32 2 44 4 3 ividence R.Gordon iniiit- Interest • Mugel .iinily Law 3 7 3 '6 ° 2 - 39 2 5 1 34 6 4 3 9 75 . 10 1 18 21 139 1 _ 79 3 99 2 1- 12 - 9 19 1 31 30 5 18 46 6 8 21 4 5 36 4 9 9 2- 2 4 2 2 3 1 10 4 38 62 2 - 77 33 45 20 9 1 6 SECOND & THIRD YEAR GRADING RANGES FALL SEMESTER SEMINARS 1973-1974 64 1 6 ■- Rosenberg Total Graded F 4 Buergenthal Corporate Tax (a) Corporations Fleming D 1 I Trade Regulation Gifford Trial Tech Staff Debtors Rights Girth Agency & Partnership Zimmerman Copyright & Patent Goldstein Law & Social Change Galanter Woman & the Law Davidson School Law Clinic * Constitutional Law (a) Mann :ederal Tax (a) DelCotto Administrative Law 10 88 Commercial-Papers Meyer SECOND THIRD YEAR GRADING RANGES FALL SEMESTER ELECTIVES 1973-1974 HD 10 31 87 10 23 12 Juvenile Cts. HD Swartz Private Suits in Pub.In. Homburger Foreign Affairs & The Const. H D F Total Graded 3 8- 11 4 7- 11 7 Buergenthal Q 13 20 Internal Union Democracy Atleson 5 3- 8 Legal Reasoning Hyman 2 7- 9 5 3- 8 Law & Economics Gifford Judicial Admin. Kochery Legal Prob. of the Public Schools Newhouse ClinicalSeminar in Corrections Schwartz Inc. Taxation of Estate Trusts & Benef. Schwartz Law & Psychiatry Carnahan Housing & Housing Finance Reis Education Law Hoiley Law & Development Galanter - 19 13 33 5 10 1 8 1 8 3 10 2 15 6 2-1 9 - - 9 2 2 : 2 - - - 2 �Opinionated 'Tis the Season To be Folly No Offense Intended to Anyone Living, Dead or Disinterred. April 1,1974 Faculty of Socio-Legal Interdisciplinary Nexuses, Excluding Law Pregnant Development Claims "Elevator Done It" Sperm Streaks Into Freshperson Flunks Out, Will Sue Lord O'Brian Feminist Bastions prior to FSRB's expediting the grievance, that his office could provide no remedy, as the Unistudent body of over 40," adding versity had no record of a Law that the present first-year class School out in Amherst. "And "was supposed to number 30 until there's no money for Placement, someone typed a second zero into either,"he concluded. the number," leaving us with a While the grievance remains F's. "facilities over-maximalizatory de- pending, the Law School Library The student, whose name the ficiency." has submitted a proposal that the Registrar would not reveal, is apQuestioned as to thislatest stu- elevators be used to punish "book pealing the action to the FSRB, dent rebellion, the Provost issued mutilators and other war criminclaiming that he entered the eleva- a statement to the effect that als" by confining them for periods tor on the first floor, shortly after "maybe my name is Red Schwar- ranging from six months to a year orientation last September, and tz, but then again maybe it inside the elevator as it travels had arrived on the third floor only isn't." Assoc. Provost Bull Groan- slowly from the second floor to to be told that six months had er was more pronounced in his rethe seventh. "Not only is it more elapsed during the elevator ride action, claiming that "students humane than the present penaland that the Registrar, under the have lost the ability to flunk out ties," argued Librarian Michael new grading system, had adminis- in good grace. It's just a tough Amico, "but if they survive the tratively granted F's for courses break." ride, there will be no mention of the studenthad failed to complete FSRB has promised to give the the crime in their records except during the fall semester. grievance top priority on its agen- for maybe a semester of F's." The Registrar, Mr. Chuck Stal- da, speculating that a decision will len, said that his office only fol- be rendered sometime in the lows orders and that the building's 1975-76 or 1976-77 academic contractors, 1.0. Graft & Co., had year. given none as to how to handle Robert L. Fetter, whose exist"elevator tardiness." ence as University President was Explaining the elevator prob- recently verified by veteran UB lem to Opinionated, Mr. Made student Peon DerWall, had stated, An unidentified first-year student, it has been reliably reported, emerged from the elevator last month, intending to check his first week's assignments, only to find that grades for the semester had already been posted and indeed that he had received straight .. April 2, 1974 Opinionated 16 Newschool, the faculty's liaison to 1.0. Graft, noted that "the eleva- tors just weren't built to handle a .. An equal rights group briefly active for a while last April, the Society for the Preservation of Equal Rights for Men (SPERM), revived recently to announce sponsorship of "International Men's Day" celebrations today in the 4th floor men's room, which is, according to SPERM ChairMAN Mac Izmo, "SPERM's last sanctuary from the AWFLS," the Association of Women Feminist Law Students. women's "lanes" "Johns," and the to four men's recent AWFL publication, Low Wimmen. SPERM, whose faculty advisor is reported to be Prof. Ken Davidson this year as last, has announced the formation of a Women's Auxiliary headed by Prof. Marjorie Girth, whose first project has been the production of a stag film, entitled "Secured Transaction," on the constitutionally protected theme of symbolic patriotic expression, The program for International Men's Day, a solemn April 1 st observance which commemorates Rhett Butler's classic defense of masculinism against the bitchery of Scarlett O'Hara, will include speakers denouncing HEW's Predeterminative Action quotas, the Law. School's allocation of six Mr. Izmo, who insists uponbe- ing called a freshman rather than a first-yearlinj>, contends that legal education is inherently female chauvinist with its emphasis on due process and argues that seminars on vigilanteeism should be given to balance the curriculum with "masculinist alternatives." 2nd Year Scrubbed A special meeting of the faculty has resulted in the cancellation, effective April 1, of the School's second year due to difficulties with faculty replacement and course scheduling. The unprecedented cancellation will permit current second-year students to attain senior status next September provided they enroll in and complete four summer courses substituted for the spring courses just cancelled, but first-year students, bereft of a second-year program next fall, are to be assigned to "registrative limbo" status for the next academic year, according to Asst. Dean Trixie Mixup. "Current freshpeople will be allowed to work full-time, get stoned, or play downstairs in the O'Brian basement," said Ms. Mixup, "until the time comes when we have the resources to re-activate second-year." year, the faculty voted to give first priority to fresheducation, even though that decision necessitated the discontinuation of the second year. "We just don't have the professorial strength to fritter away our time on traditional stuff like Tax, Labor Law, and so on," declared an instructor who asked not to be identified, "for to do so would mean the sacrificing of our more relevant, instant karma offerings, or perhaps even the weakening of our socio-legal interdisciplinary nexuses." The abandonment of second-year offerings left the faculty free to increase courses for SPERM streaksinto Girth transaction, flying chauvinistcolors. next year's first-year electives, among which will be "Om and the Law,'' "Administrative Decision-Avoiding in Monopolistic Corporate Entities: Federal Agencies," and "The Easy Road to Classless Society: Soviet Labor Camps." At the faculty meeting at which the momentous decision was reached, the Appointments Committee announced success in obtaining various appointments with doctors, dentists, and beauticians, but confessed failure to secure any faculty appointments to the Law School next year. Girding for an onslaught of innumerable freshpeople, next The increases in the Karma and Socio-Legal areas have, however, necessitated that present freshyear required courses be consolidated in the fall semester. Consequently, Provost Porsche has announced new courses in "Contorts," consolidating 6 hours of Torts and Contracts into a 3-hour offering, "Civinal Procedure," combining Criminal Law and Civil Procedure. and . repares fo^DeaicationvJhichvvTl^oe^^ highlighted by the address of Peter Jasen, ('74) who is substituting for his father, Hon. Matthew Jasen, who was asked to replace Earl Warren but has notified the School thathe plans to be ill that day. -Belling � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-04-02 Alternative Title An alternative name for the resource. 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Volume 14, Number 9 Opinion State University of New York at Buffalo Law School C.A.S.B.A. Sweeps SBA Elections - Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 March 12,1974 SBA Budgets Found Unspent One issue rather submerged in the recent SBA elections, Opinion has learned, was that substantial activity funds are currently lying untouched in many SBA organizations' budgets, a problem compounded by slipshod entry of existing expenses with apparent little regard for budget lines. Thg problem is so extensive, noted a member of the Budget Committee, that much more of this year's $22,732 budget remains unused than has been spent, with a number of groups not having spent a cent of the money SBAallocated them last fall. SBA presidential candidate Kathryn King drew attention to the situation when she campaigned on the issue of reallocating organization money that appeared not to be necessary to areas where greater demand existed. Vice presidential candidate Ray Bowie did likewise, when he advocated an SBA effort to obtain outside grants for organizations in order to generate budget spending and perhaps allow for reduction in activity fees. New Executive Officers: Zurenda, Lohr, Zeisel (front); Gerasia, Equale(rear). In the wake of a heavy election As Brennan is reported to have in both first and second the first slate ever to field candidates for every SBA office became the first group ever to win every vacant seat, as C.A.S.B.A. swept to control of SBA. C.A.5.8.A., a slate calling itself "Conference for an Active Student Bar Association," ran successful candidates for each of the SBA executive positions and for ten of the twelve vacant director positions in first and second year. Drawing upon essentially the same pool of votes in each class, every C.A.S.B.A. candidate won election, most with comfortable margins, with only Margaret Wong and Bob Brennan winning directorships as independent candidates. declined election, a special election for junior director may have to be held in the near future. C.A.S.B.A.'s victory sweep was dimmed only by a challenge to the 1 st year director results launched by Shirley Bevel on the grounds that her name never appeared on the ballot despite compliance with nominating procedures. The challenge, which has delayed the seating of C.A.S.B.A.s first year candidates, has been referred to Election Chairman Skip Hunter for a ruling which, if it sustains the challenge, could cause the first-year election to be rescheduled. C.A.S.B.A. presidential candidate Don Lohr survived a strong turnout years, candidate Kathy King, who was earlier rated the "underdog" in the race, winning over Ms. King by a margin of only 20 votes. C.A.S.B.A. candidates Laura Zeisel and Rosemary Gerasia won decisively over now underway. It would be the first BALSA expenditure of the continued page 7 independents Ray Bowie and Mark LJnneman to capture the 1st and 2nd vice presidencies respectively. C.A.S.B.A. candidates Sara Zurenda and Paul Equale had no opposition for treasurer and secretary, both winning easily over a scattering of write-in votes. by Ray Bowie In the 2nd year elections, too high or too low. As thegrievC.A.S.B.A. candidates Bob Gottants had contended only that Formally reaching decision on Prof. Katz, in awarding grades for fried, Ed Zagajeski, Pearl Tom, Jim Gauthier, and Debbie Brod- a grievance which has been pend- unsatisfactory performance, failed nick all won by sizeable margins ing a full year, the Faculty-Stu- to distinguish between an unsatisfactory D and an unsatisfactory F, continued page 7 dent Relations Board granted relief, in a class-action grievance that matter alone was adjudicated. brought against Prof. Al Katz, to The Board found that the in13 students who had received F's tent of the faculty, in changing in his fall 1972 Criminal Law the grading system from three to course. four tiers in 1971, was that all Preliminary to rendering its fourshould be used by instructors decision, which has the effect of and that Prof. Katz, because he behind 5-tier in the total vote. In changing the F grades received by could not distinguish between the contrast, a 3-tier system received those students to D's, the FSRB D and F categories, awarded only less support than any other in "attempted to mediate the dis- F's for unsatisfactory performeach year, particularly among pute both before and after the ance, as if the D category did not first-year students. hearing" but found such efforts exist. In the course of his testimony, Except for the 3-tier system, "unavailing." The issue, as defined by the Katz said that he tried togive stuvoting among the other options was generally close in each class. FSRB, was whether Prof. Katz re- dents the benefit of the doubt by As the ballot did not allow for fused to recognize the existence classifying borderline unsatisfacranking preferences, no second or of the D grade during that semes- tory cases, those normally expectthird choices were recorded that ter, whether his failure to award ed to receive a D, as Q's rather D's actually injured the grievants, than F's. This, he argued, meant might allow for differentiation. Members of the SBA ad hoc and if so, whether appropriate that he had assimilated the D into the 0 range rather than into the F committee on grading, which is remedy was available. charged with analyzing the returns In its decision, the FSRB took range as the grievants alleged. for presentation to the Academic pains to point out that the quesThe FSRB, while finding no Policy and Program Committee, tion was not one of the overall basts "to question theaccuracy or have generally concluded that vot- grading disparities among instruc- sincerity of this statement," noneers who chose systems with few tors, nor one of whether specific theless felt that "an individual continuedpage 6 continued page 6 percentages of grades were either challenge by independent 4 Tier Narrowly Wins Vote; Frosh Defeat Q+ Grade In a referendum that may have drawn more voters to the polls than the SBA elections themselves, students narrowly opted for a four-tier grade option over a five-tier system by a margin of only 3 votes, 108 to 105. The vote was on the key question of the referendum, which asked voters of all classes to indicate preference for either a two, three, four, or five-tier system. As with the voting generally, the heavy first-year vote may have decided the outcome, as over 190 freshmen cast ballots in the referendum as compared to only 86 juniors and 52 seniors. Oddly enough, only in the first-year voting did the four-tier system win a plurality, while both second and third-years gave preference to five-tier systems. All together, 367 students, roughly 50% of the studentbody, participated in the voting. In a separate referendum question submitted only to the firstyear, the new Q+ grade imposed on that class by the faculty this semester was handily defeated by a better than 2-to-1 margin, indicating continued widespread dissatisfaction with that faculty decision among freshmen. Surprising to a number of faculty was the strong support a two-tier pass-fail system received in all three years, running only 15 votes behind 4-tier and 12 votes -Centner Untouched & Ignored Records documenting these unspent budgets are available to students from Shirley Chioses, who keeps a "Treasurer's Book" for SBA at her desk in the library workroom. As investigated by Opinion, these records indeed reveal a situation where a majority of SBA organizations have not touched their budgets and where budget categories have been often ignored in cases where expenditures have been entered. Several organizations allocated several hundred to well over a thousand dollarseach, the investigation disclosed, have not yet tapped their budgets, and indeed some of the same organizations have been virtually dormantall semester in terms ofactivities. PAD, a legal fraternity, was alLocated a budget of $910 for conclave expenses and a series of professional seminars, none of which have materialized. The $910 remains. BALSA (Black American Law Students Association) received $1730 last fall for a convention, minority law symposium, and community seminar, for which President Les Sconiers explainsplanning is year. FSRB Settles Katz Case �Opinion 2 March 12, 1974 Editorials Letters to the Editor To the editor: Congratulations & Challenges Last Friday, the Law School Placement Office and the Law Alumni Association co-sponsored a three-hour "Career Day" symposium. Theprogram featured nine U.B. Law School alumni, talking about the type of legal work they do, and the practical co nsiderations to be weighed when deciding whether or not to seek employment in their particular field. The career options discussed were judicial clerkship, NLRB hearing officer, U.S. attorney, sole practitioner in private practice, partner in small private law firm,associate partner in medium-sized private law firm, associate partner in large private law firm, corporation counsel, and banking officer. This type of career symposium is a welcome addition to placement activities at the law school. However, the program must be criticized for being totally unresponsive to the career goals of a large percentage of law students. Specifically, the program dealt only with traditional forms of legal practice; it was very heavily weighted in favorof law-firm type structure, and toward business or room deals and "fait accomplis" that have so often characterized SBA; and 3) decentralizing the unprecedented concentration of power which has devolved into C.A.S.B.A.'s hands. Several candidates, in the course of their campaigns, were surprised at the extent to which students felt SBA to a be useless drain on their wallets. Indeed, unless steps are taken to insure an open and widely representative SBA, such attitudes will only thrive and might well even prevail in the upcoming mandatory fee referendum, a referendum inextricC.A.5.8.A., whose control of SBA has been achieved, ably tied to the very fate of SBA. With the congratulations comes the challenge posed by now faces the challenge of 1) broadening their representative scope beyond their electoral base; 2) eschewing the back- these attitudes. Congratulations are in order for the winners of the SBA executive and director elections, though, as with any election in which a party or slate wins a landslide victory, the quality of those elected varies markedly. Where some are superbly qualified to assume the offices they have won, others have but a short time to acquire the qualifications they sorely need to perform important functions, whilestill others may well prove to be nothing more than idealogues or advocates for rather narrow interests. Grading: Fresh Look Needed While the results of the recent gradingreferendum are a rather mixed and inconclusive lot, especially with regard to the crucial second and third years where only 50 and 25 per cent of the respective classes indicated preferences, the faculty must this semester determine, once and for all, the grading structure for this law school. Although the first year returns indicate a decisive pre- In both second and third years, however, even the inconclusive results of the referendum show a greater preference for a five-tier system of some sort, a trend which coincides with the recent recommendation of the Law Alumni Association that traditional letter grading (A-F) be adopted for purposes of easier evaluation. Moreover, courses taught in the second and third years generally involve "technically ference for the four-tier over the present five-tier system, tough practice fields," or specializations, where employers upperand administrators are believe faculty naturally have greater interest in evaluating the specific comknown to that classmen, faced with closer prospect of placement and gradu- petence of those entering a field. ation, would prefer systems with finer academic distinctions. As the third-year sampling was not large enough to Thus, in the later years, thereappears to be justification either support or refute this presumption, it seems unlikely for a five-tier system, which the Alumni Association cogentthat the freshman dissatisfaction with the five-tier system is ly argues should be designated by the readily-comprehensible going to persuade the faculty to rescind their approval of A-F symbols. Except for minor increase in transcript complexity, we that system, thereby creating a situation of institutionalized see no reason why such a dual grading system could not antagonism that may well infect future freshman classes. We believe that both faculty and students should take a successfully be implemented here, particularly in that it sugfresh look at the grading issue, a look broad enough to in- gests itself as a desirable compromise between faculty, stuclude alternatives seemingly seldom considered. dent, and alumni desires. That a dual system would provide Given the strong freshman rejection of the five-tier flexibility consonant with the institution's mission is not system and this school's commitment to an innovative first- exactly a drawback either. year, emphasizing "problem approaches" and skills training, In any case, the grading issue must be settled definitiveit would appear that a four-tier, relatively noncompetitive ly, and settled in a manner that substantially satisfies most system is indeed far more consistent with both the school's parties, so that this school can get on with the achievement missionand student preference than the current system. of its high aspirations. Porcine Penchant A suggestion that Food Service should have conducted an environmental impact study before acceding to student demands for an O'Brian snack bar no longer elicits even a forced laugh these days, for it is indeed hard to laugh while studying among candy wrappers, sitting in someone's morning coffee or trying to eat in the midst of others' refuse. In short, little seems funny wallowing in a sty. It has been suggested, on superficial analysis, that the snack bar is the cause of the litter proliferating throughout the building, but this is only to say that the facility attracts the patronage of certain people who feel an obligation to leave testimony to that patronage everywhere they go. While Volume 14, Number 9 March 12, 1974 ftnminn UpiniOn Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Chris Belling Alumni Editor: Earl S. Carrel Business Manager: JohnS. Levi Features Editor: Kay Wigtil Staff: Cheryll Pestell, Gary Muldoon, Dave Stever, Terry Centner, Cynthia Lowney, Dennis Pasiak Opinion is published every otner week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of Opinion. Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. Opinion is funded by SBA from Student Law Fees. Student Liaison To Faculty Any student wishing to offer comments on faculty actions or suggestions as to faculty action should contact student representative Eileen Greenbaum through third-floor mailbox 74 (taped open to allow access), c/o Opinion. government practice. Conspicu- ously absent from the program were discussions of the career op- portunities available in legal aid, the public defender's office, legal coI leetives, public interest law firms, political defense work, rural legal services, legislative drafting, and teaching. There is no excuse for the whole-scale omission of alternative, less traditional forms of legal practice from the program. There are many U.B. alumni working in these fields and continued page 7 Supercop To the editor: Law and proposals for law such testimony is perhaps a great compliment to the quality often come from the top down of snack bar food, it is naught but a crude insult to the reflecting the needs and interests sensibilities of other animate entities, including fellow stu- of those at the top as opposed to the needs of the whole commundents. Faculty have a responsibility, which a number have ad- ity. Not surprising it is therefore, mirably recognized, to insure that testimony as"to food qual- that Professor Wenger's proposed regulations for the exile of mutilaity or the pleasures of smoking is not given in the classroom; tors and thieves reflect the law but outside the classroom, law students must be presumed and order point of view of the competent to police themselves in the same manner as is the professional librarian and not that profession to which they aspire. of the users of the collection. The Should that presumption prove faulty, O'Brian Hall books must be preserved at all may soon go the way of its second floor, fit only for those cost and only secondarily are we of the most porcine persuasion. concerned with the needs ofreaders or of maximizing the degree of learning that can come from use of the library. This proposal is flawed both in origin and substance. It is antidemocratic. We are asked to comment upon its merits without knowledge of the extent of loss or the degree of damage that presently exists. We have no information from which to assess the needs of Students found mutilating or adjudicate the issue, charges such a regulation and we cannot stealing library materials will be againstany student found mutilatassess the merits of the proposal subject to suspension from law ing library materials. Mutilation in the light of the social construct. school for one semester for the shall include theremoval or mark- Professor Wenger should make first offense, and expulsion for ing of pages or portions of pages, such information available and if, any subsequent offense. The Law and the destruction or deliberate on the basis of such evidence, a Librarian will be responsible for modification of tapes, films, and regulation seems worthwhile, a bringing before the Faculty Stu- slides. committee composed of different dent Relations Board, who shall parts of this community should discuss alternatives. However, even conceding that anti-democratic origins may not be fatal to a good proposal, the question reFormer Supreme Court Chief Justice Earl Warren has informed mains as to the merits of this proProvost Schwartz that, due to ill health, he regretfully will be unable posal. to deliver the John Lord O'Brian dedicatory lecture. The Law School As law students and faculty, is attempting to procure a substitute for the April 8 ceremony. continuedpage 7 Library Penalty Policy Proposed Earl Warren Cancels Address �March 12,1974 Opinion People's Prngm?? Amerikan Injustice Year of the Worm by Shelley Taylor Convissar Discrimination, like the worm, has gone underground. Under the mandate of the Executive Order 11246 as amended, all institutions which receive federal contracts or grants totalling $50,000 are prohibited from discriminating in any phase of employment on thebasis of race, color, religion, national origin or sex. As of Januaryof 1973, all educational institutions covered by the order were required to have written affirmative action plans as well, relating to all employees and all conditions of employment. Compliance with this orderincludes not only the end of current discrimination against women and minorities, but also affirmative steps to "remedy the effects of past discrimination." Despite the clear authority behind Affirmative Action; despite the sanctioning power of the order; despite the explicit guidelines for compliance: it now appears that discrimination has reached greater depths and subtlety than ever before. Due to misconceptions surrounding the concepts of affirmative action and nondiscrimination, and partly because of the misguided fear of "reverse discrimination" as its natural result, institutions have found ways of complying only with the words, but not the intent, of Affirmative Action. Discrimination has gone underground and our own university may be contributing to that problem. Reverse discrimination, it should be noted, is illegal. The Executive Order which mandates affirmative steps toward the hiring of women and minorities does not thereby institute legal discrimination against the white male. First of all, the setting of numerical goals for the under-utilized groups is not an arbitrary process. Compliance with the order requires that institutions determine theavailable pool of qualified candidates in each such group and compare it to the proportion of those groups in the present makeup of the staff. The goals are not set to thenumber or proportion of thosegroups in the general population, but are limited only tothose members of the discriminated-against group who are qualified to fill the employer's needs. Secondly, it would be illegal for an employer to hire a lesser qualified woman or minority over a white male regardless of whether thatgroup was under-utilized. The concept of nondiscrimination, also a part of the Executive Order, prohibits discrimination against any person on the basis of race or sex. Thirdly, since Affirmative Action is a reaction to the traditional preference for white male employees, it may be more difficult in this program for such candidates to get jobsbecause they must compete with qualified women and minorities, but it \snot reverse discrimination. Instead, it is the end of the established and nearly universal discrimination againstwomen and minorities. Possibly because of this unwarranted fear of "reverse discrimination," the University of Buffalo has continously threatened the progress of the Affirmative Action program. Since the numerical goals for the recruitment of women and minorities are determined by each institution, the progress of the program depends to a great extent upon the measure of good faith with which the University computes the under-utilization and defines affirmative action. One of the problems presently plaguing the UB Affirmative Action program is the way in which the central administration defines the term. Although clearly explained in the Executive Orderand its supporting materials, the administrators responsible for the setting of goals largely misunderstand its meaning. According to 3 Dr. Baumer for instance, who was responsible for the Affirmative Action goals and timetables in the academic faculties (Arts and Letters; Natural Sciences and Mathamatics; Social Sciences and Administration; Engineering and Applied Sciences; Management; Educational Studies; and Law and Jurisprudence) affirmative action means merely the elimination of discrimination. Clearly, however, such a definition of the term both violates the intent of the program and serves to perpetuate the status quo. By simply discontinuing any present discriminatory practices, without attempting to remedy the injustices of the past, the University will definitely not "remedy the effects of past discrimination." If it can be said to do anything positive, it will most certainly give the faculties the impression that no further progress in hiring ofwomen and minorities is needed, a situation that would hurt the groups affected as well as the University itself. Whatever goals are set for the employment of women and minorities, the Executive Order requires that employers demonstrate their good faith effort to accomplish the remedial task. According to Bernice Sandier,Director of the Project On the Status and Education of Women, "If an administrator ends up with only white males, when there is a pool of qualified women and minorities available, the institution may well be discriminating and may be called upon to prove that it is not." A second problem in ÜB's Affirmative Action program is the use of outdated and unrealistic data to determine the available candidates in the under-utilized groups. Since this data is used to develop the target numbers or goals for the recruitment of women and minorities, it is imperative Jha^t it be current and accurate. Instead, the UB plan is presently based on figures supplied by the National Research Council for Doctorates Awarded from 1920 to 1971. The administrators responsible for calculating the availability pools took the average of those doctorates for each of the decades in the study as the proportion of available candidates today. By so doing,clearly, the University has severely underestimated the present pool of available candidates and can have no possible insight into the available candidates in the future since the measurement was based only on the past. This inaccuracy is highlighted by the recording, in that survey, of only twelve women in that pool of doctorates in law and jurisprudence. Fortunately it was pointed out to Dr. Baumer that while only twelve women may hold higher degrees in law, nearly ten thousand women presently make up the pool of available candidates with the appropriate degrees for the teaching of law. The resulting defect in the University's program of Affirmative Action is that the goals and timetables for the recruitment of women and minorities reflect the administration's "minimal compliance." According to the present draft of the numerical goals for women in the law school, forinstance, the projected number of women in the faculty in the academic year 1979-80 would be exactly the same as thenumber and distribution of women the law school will have next year on its teaching staff. Ifit is likewise true of other faculties, as it seems to be, that the availability figures were so unrealistically calculated, then it appears that the University is quietly defeating the intent of Affirmative Action in its most important aspect, fey underestimating the number of qualified candidates in thepresent as well as the future, and by setting its goals on the. basis of that data, the University is effectively ignoring the Executive Order and the injustice which prompted ft. Discrimination, like the worm, has gone underground and it looks like the UB administration has learned how to squirm its way into the depthsalong with it. Nixon's Crime Bill by the Buffalo Chapter of theNational Lawyer's Guild Even though Nixon is on his last legs, has lost the support and confidence of the people, is facing impending impeachment, and refuses to resign; this has not prevented him from introducing and pushing for the passage of one of the most repressive pieces of legislation in United States history. On March 27, 1973, the introduction of identical bills in the House and Senate H.R. 6046 and S. 1400 was heraled in a nationwide address by Nixon. Since their introduction, the bills have been making their way quietly through Congress. If enacted into law, this Criminal Code Reform Act of 1973 would work a drastic modification of the Federal Criminal Code. What follows is a brief discussion of the bill and some of its more strikingprovisions. Nixon's bill had been described by a careful student of its detailed provisions as a "radical proposal that reverses a century of legal thinking." For example, it would restore the death penalty outlawed by the U.S. Supreme Court in 1972 in Furman v, Georgia, 408 U.S. 238. Section 502 of thebill would permit an insanity defense only if the defendant did not know what s/he was doing. The existence of a mental disease or defect would not affect the question of guilt or innocence. Compare, e.g., U.S. v. Browner, 471 F. 2d 969 (D.C. Cir. 1972) (en bane); Durham v. U.S., 214 F. 2d 862 (D.C. Cir. 1954); McNaughten's Case, 7 Eng. Rep. 718 (1843). Section 531 so limits the definition of entrapment as to virtually eliminate it as a defense. That undercover agent provocateurs employed deceptions including the provision of explosives, firearms or narcotics and solicited criminal conduct "does not in itself constitute entrapment." Compare U.S. v. Russell 411 U.S. 423 (1973), rev'g 459 F. 2d 671 (9th Cir. 1972). Given the number of recent political cases in which it has been established that government agents not only encouraged the commission of crimes, but supplied the very means by which to accomplish them, this - — re-writing of entrapment law has significant implications. The government's power to conduct electronic surveillance is broadened considerably. Notwithstanding the decision in U.S. v. U.S. District Court, 407 U.S. 297 (1972), Section 3126 permits electronic surveillance in any situation, foreign or domestic, as long as it involves "national security" as defined by the President. Unlike present legislation which restricts court approved surveillance to defined crimes, (See 18 U.S.C. Section 2516), Section 3127 would allow electronic surveillance in the investigation of all federal offenses. Leaving no stone unturned, the Nixon proposal significantly broadens the scope of conduct deemed criminal under federal law with particular attention directed at political activity. For example, unauthorized acquisition or publication of government information, whether or not actually harmful to the U.S. can subject the news source, reporter and publisher to the penalties of at least 8 overlapping criminal statutes, which range up to life imprisonment and death. Sections 1122-24 create a virtually unlimited discretion to deny public access to information which the government chooses to suppress, as "relating to national defense." Proof that a document was wrongly classified would not constitute a defense. In short, Nixon would create an Official Secrets Act, a control over the flow of ideas and information never before seriously considered in this country. Compare 18 U.S.C. Sections 793 et seq. Building on the recent obscenity decisions of the Supreme Court, see, e.g., Miller 413 U.S. 15 (1973), Section California, v. 1851 bans explicit representation of sexual acts or genital organs and places the burden of proof on the disseminator to prove nonobscenity. Good faith belief in the nonobscenity of the material is excluded as a defense. The frontalassault on the First Amendment is continued by a series ofprovisions designed to make criminal many forms of continuedpage 6 — - , party B This Thursday, March 14 CROSSBOW INN 3180 Sheridan Drive OPEN BAR BUFFET Food served approx. 4:30 Faculty Invited, Guests $2 J§§| iSSSS ;|i| SSSS WMMittMmMtt\ SSSSSSS^SiSSiSSS:?: DROWN OUT MARCH BLUES' �March 12, 1974 Opinion 4 Report on Professional Program Continued from Last Issue This issue of Opinion concludes our publication of the Long-Ranpe Planning Committee's professional program section Oi its seven-year master plan for the School, the first installment ofwhich was printed last issue. Copies of the full reports on professional program, continuing legal education, and clinical education are on reserve in the library. Students who would like to make suggestions should contact one of the student members of the LRPC, presently Debbie Brodnick, Bari Schulman, and James Gauthier. 7. Legal education is by no means merely a matter of offering courses; its quality depends fundamentally on the quality of associationa! life at the school. It was noted earlier that the slackening of the formal curriculum's hold on the attention of students after the first year releases lime that they can valuably fill with extra-curricular activity related to law if there is opportunity. The exceptional vitality of the International Law Society, the recent creation by student initiative of a Legislative Drafting Service, the expansion in the number of jobs for student research and teaching assistants all promise well for a richer and more diverse associational life at this school,but by themselves affect very few students. 4. Some Constraints on Innovation Not enough faculty. Our present ratio of faculty members to students is 1:22. At the end of this period of the Plan, it is expected to be 1:18. These ratios, though on a level with those of other law schools, are disturbingly low. Compared to other programs of graduate study, law schools, as has often been pointed out, are-run on the cheap. Most of the new proposals in this Plan are faculty-intensive. Clinical and simulation programs do not function well at ratios above 1:10. Incorporation of "problem" approaches to skills training into ordinary law courses makes severe demands on the timeof law teachers, who have, by long and admirable tradition, always done their own grading. One cannot assign very many writing projects to 70 or 100 people. And these, of course, are extra demands made by innovations in the professional program alone. There is the danger that the need simply to meet staffing requirements of the professional program as it now exists will get in the way of our trying anything new and different, or doing it inadequately if we do try it. Better a few, small, adequately staffed programs for some than something half-baked for everybody. Experimental nature of much interdisciplinary work. The course of attempts to integrate law and the other social sciences never has-been smooth. Indeed, the failure of much of the rhetoric of the blessings to be achieved by such integration to be justified by results has soured many law teachers on the whole enterprise. But one should be on guard against this reaction, which is overreaction. This situation has, however, rapidly improved. The integration of law and social science still sounds easier to do than it is; but the occasional disposition to write off the attempt as worthless must be resisted. Lack of Student Interest. Law facultieshave always been primarily teaching faculties; they do little research that will not eventually pay off in the classroom. The consequence of this is that the law professor whose current research is of little interest to his or her students is a split personality, impaled on the two horns of the roles of scholar and teacher. Law professors became professors in part because of intellectual interest in the law; the students they teach want for the most part to become not professors but lawyers. One can fairly reliably project a greater degree of instrumentalism on their part than on their teachers'. This suggests two conclusions. The first is that a limit on the ability of the majority of faculty to try fresh approaches to the study of law will be set by the disposition of students to accept such approaches as relevant to their concerns. If the faculty member is convinced of the importance of the approach to professional training, he or she must search for the skill to convince students of it also. The second is that there must always be room on the faculty for a minority of scholars whose research may have no payoffs for professional teaching except perhaps in the long run, but who are welcomed nonetheless for the contributions that they can make to knowledge. Major Programs During the Period Covered by the C. Plan 3, Experimental First-Year Curriculum a. Need for the experiment. A majority of the Committee believes the present design of the first year unsatisfactory because, they assert, its organization into doctrinal fields has ceased to be functional, there is - repetition, overlap, and overemphasis on a select few types of legal skills and problems at the expense of others. This viewholds that the inadequacies of the first year cannot be cured through the traditional method of development by way of individual changes carried out in the sealed compartments of individual fields. b. Design of the experiment. This enterprisedepends on finding four to six faculty members who would volunteer to perform it. These faculty members would spend at least a summer before the start of the experimental year planning a curriculum and assembling materials for it. The curriculum would be planned for a single section of the incoming first-year class (one-quarter of the class). Incoming students would be advised of the existence, purposes, and outline form of the experimental section, and given the opportunity to transfer in or transfer out of it. The faculty volunteers would take charge of the section forits entire first year. They could structure the year in any way they found wise. c. Evaluation. Design of evaluation procedures wouldbe left to the volunteers. d. Resources required. 1. Faculty time. One summer of the full time plus a year of at least half the time of four to six faculty members. That is, each volunteer would be teaching no more than two other courses during thai year in the regular curriculum (or in Legal Studies). 2. Funds. Summer grants to pay for the time of faculty volunteers, secretarial time, and xeroxing of materials. It is also quite possible that a sensible plan would want the services of one or more students as research, teaching or staff assistants. c. Possible benefits of the experiment. At the very least, one could expect a careful review and evaluation of the nature and functions of the present first-year curriculum. If the experiment is a total failure, one could find out at least why the students in it thought so. If parts of the experiment seemed successful, but the experiment as a whole were thought not worth continuing, such successful aspects could be' used by the volunteers and other faculty in their teaching. If much of it seemed successful, the materials and approaches developed in it could be used by other faculty here, and an article in the Journal of Legal Education, publication of the course materials, or other means used to publicize its virtues abroad to teachers in other schools. f. Possible costs. The fairest prospects for the experiment are a function of the largest possible allocation of faculty time to it. This means, of course, that it competes for such time with the professional program of the upperclass years, and the developing programs in Legal Studies, clinics, and State and Local Government. Those who believe that the first year is the critical one for realizing innovation in legal education will be inclined to think it worth the costs; others will not. The Possibility of a Chair in the Legal Profession 4. It is no secret that the legal profession is coming under increasingly intense scrutiny. Law teachers, with some distinguished exceptions, have been curiously inattentive to these problems. The standard sorts of ethics courses offered by the schools have been particularly disappointing. The- importance and complexity of these issues suggests to us that it may be appropriate for our Faculty to acquire someone who would make the study of, and teaching about, the legal profession a full-time job. We therefore recommend that the Faculty form a committee to study the possibility of establishing a chair in the legal profession. 6. Some Approaches to Rationalizing the Curriculum The Problem. The scarcity of faculty time relative to the demands made on it by ventures both new and old raises questions about whether this resource is being efficiently used, (a) It may be that one of the unhappier consequences of faculty independenceis the disinclination of faculty members to plan in concert what shall be covered in their courses. Such planning as thereis must be performed by the Provost and Associate Provost whohave offering the same subject in different sections (e.g., the required courses of the first year), different courses in the same section, ordifferent courses with some common core Federal of subject-matter (e.g., Constitutional Law Civil Procedure jurisdiction Administrative Law Criminal Procedure). No student can know except through gossip in what orderit makes sense to take these courses; few teachers can know when they may confidently rely on their students' having taken them, (b) For all its virtues as a teaching device, the Socratic method to some extent limits the varieties of teaching and learning. It is slow going; 30 pages per class is about as much as one can assign. Once accustomed to it, students seem to find it hard to learn any other way. The method undiluted may make sense when the teacher is primarily interested in skills training; quaere whether it makes as much sense in some of the more practice-oriented courses of the third year when the teacher is also interested in substantive coverage, (c) The curriculum may suffer from the rigidity of the time-frameavailable to give courses in: basically the 16-week, three-hour course. This means that a teacher must give 16 weeks work of coverage to fields that he believes are worth only 50% as much, or are worth 150% as much, (d) Another rigidity might be described as the "one course-one person" rule: that a quarter of each faculty member's teaching load is to be devoted to a standard three-hour unit rather than, for example, being spread in one-eighlh-load contributions over two units. Are there remedies? The obvious solution that presents itself is the creation of committees of consultation of faculty members in fields having common content. The strong administrative model would require that during the springsuch committees filecurricular plans describing what should be taught, by whom,and in what time-units in the following year. The weakestmodel would rely simply on the addressing of hortatory words to the faculty in the hope that such planning would take place spontaneously. The Committee's job would be to suggest to the faculty such modifications as would make the courses fit together more neatly. The problem of the inflexibility ofcurricular units is much more easily solved by making available the possibility of giving courses in units smaller than the standard (mini-courses). Caveats and Reservations. These are not mechanical problems simply, but touch upon some of the most sensitive aspects of academic freedom.What doesand does not violate academic freedom in a law school is in large part a matter of custom. Precisely where these modest proposals for rationalizing the curriculum fall in the borderland between proper direction and impropercoercion is difficult to say. The more formaland more centralized the directionof this rationalizing process, the more acute become the problems of academic freedom. Some would argue that such rationalization is inherently a conservatizing force; that productive growth in law schools arises only through diversity; that faculty members who wish to coordinate their efforts by cutting across traditional definitions of fields will do so without prompting, and maybe prevented from doing so if, as is likely, coordination along traditional lines is directed. Another objection with considerable force is that the efficiencies anticipated from such mutual planning are illusory, in that such consultation would divert to committee meetings a good deal of faculty time from teaching and research for the sake of only slight marginal efficiencies in the curriculum. The case for some rationalization and direction, however, is defensible even if it concedes the justness of these reservations. Its proponents would say that the objection is not to productive inefficiencies, to repetition, overlap, gaps, per se, but to such as are arrived at simply by inadvertence. On the narrower question of the desirability of certain alternate modes of teaching lectures and mini-courses, members of this faculty were surveyed earlier this Fall. The survey revealed affirmative support for the recognition of the administrative possibility of breaking 16-week courses into smaller units, support ranging from mild interest to enthusiasm. Few respondents had affectionate responses to the idea of lecture courses; those few who did saw them as a means of more efficient preparation only in the most obviously "bar" preparation courses, e.g., New York Practice. Those who questioned the value of lectures saw them as a retrograde step, or queried how students' work might be evaluated. Many thought that Ihcy failed to involve students in problems as the Socratic style does. Much more thought, clearly, must be given to the wisdom of using lectures to promote no more information about what goes on in courses than the course titles. This means that faculty giving advanced courses go over ground thai is old to some of their students and completely new to others; or take for granted that their students know all about some subject when in fact only some, or none, have ever heard of it. Insufficient consultation jnd collaboration among the faculty may also frustrate whatever interest there may be in introducing a modesl degree of specialization through sequenced courses to the J.D. program. Coordination is simplest (and in fact now uncommon) among faculty offering courses in the same special field (e.g., Tax A and B, Procedure A and B). It is neither simple nor frequent, however, among faculty efficiency. — - - — - — �March 12, 1974 Opinion 5 LRPC Report on Clinical Education Introduction the Program. He or she will be responsible for preparation ing and evaluating the individual performance of each stuThe Faculty of Law and ) urisprudencehas manifest- of teaching materials, coordination between the SLFs, and dent. In addition to individual oral presentations it might ed a deep commitment to the continued development and i overall project administration. The Project Director will be be possible to base the evaluation on individual working refinement of the professional program. Our primary ; a regular member of the faculty, and will devotehalf time papers or background memoranda, which each student teaching mode remains the Socratic and case methods to the Program during the experimental period. would be required tosubmit along with any memoranda or which rigorously train the student in legal method and In the proposed model the year for the Simulation documents bearing the name of his team. The significance reasoning, and in substantive legal doctrine.Clinical educa- Phase will be divided into time segments, one for each of of the evaluation will be mentioned below in the discustion, a complement to the traditional program, provides three phases: (a) a twelve-week Small Case Phase; (b) an sion of grading. students with a different perspective on the law by inter- i eight-week Big Case Phase; and (c) an eight-week Trial The completion of each case in the Small Case Phase relating the theoretical aspects of law study with the real- Phase. would provide an appropriate occasion for a monthly ities of law practice. meeting of the SLF. This would have many of the features It is generally acknowledged that clinical education of seminars conducted in conjunction with conventional A. The Small CasePhase provides a mechanism for imparting to students the skills Thiswould cover the first 12 weeks of the fall semes- clinical programs. In each of the meetings issues of profesthat are essential to the practicing lawyer, i.e., interview- ter. It would consist of three segments, probably allowing sional responsibility would be explored; salient aspects of ing, counseling, negotiation, investigation, fact gathering about four weeks foreach. the past month's experience with the particular case would and analysis, legal research and writing, and drafting. HowThe SLFs would be paired forevery case. The mem- be reviewed; important doctrinal issues would be discusever, pedagogically sound clinical courses serve a variety of bers of one SLF would always have members of another sed; general criticisms would be aired; and some mundane other educational purposes as well. Clinic provides stu- for adversaries. Whether the same two SLFs are pitted problems of law office management and economics might dents with an opportunity to observe and experience the against each other in all cases in the Small Case Phase or be brought to light, as they bear on the larger problems of panoply of devices that are used to resolve disputes in the are rotated depends on the administrative complexities in- providing legal services. legal system. It is, therefore,essential to acquaint the stu- volved. Some of the steps suggested for the first case of Assuming the same two SLFs were paired forall the phase one wouldbe repeated in developing the commercial dent with the variety of problem-solving techniques available to the practitioner. small cases, the Managing Partners, in consultation with law and tort cases that follow. But these problems should Clinical education provides students with a milieu their respective Practitioner Partners, would select three be carefully structured to add variety to the lawyering which encourages them to reflect and synthesize doctrine areas of law from which they would then jointly develop experiences provided, both to give adequate exposure to as analyzed in the classroom with thelaw as it is applied in three problems or clusters of problems. They might in- the major law office practice skills programmed for the the system, i.e., the law on the books as compared with clude problems in such fieldsas matrimonial law, commer- Small Case Phase, and to avoid boredom from repetition. the law in action. This process is a stimulating intellectual cial law (including small business counseling), administraB. The Big CasePhase exercise and serves theadded purpose of alerting our stu- tive practice, and torts which second-year students could This phase might take about eight weeksand consist dents to the problems of justice in the community, partic- handle without special coursework beyond the first-year ularly insofar as the poor are concerned. curriculum. of the first threeweeks of December, one week in January Episode 1. Prior to the first week a dossier will have (coinciding with the start of the second semester), and The Integrated Professional Practice Training Program been submitted to persons recruited to play the role of fourweeks in February. Specialization might be introduced at this point. The This section of the report contains a description and client. It would contain certain facts essential to the unbudget for the proposed clinical program for theacademic folding of the case as programmed by the Managing Part- biases of the Managing Partners and Practitioners of a years 1974-76. We are optimistic that the incorporation ners, and possibly indicate the extent to which the clientis couple of Paired SLFs might dictate concentration in partiof this comprehensive program, which integrates simula- free lo add details,color or gloss. The focus of Episode 1 is cular fields of law, such as a range of cases in the fields of tion office, trial practice, and clinical experience spanning the initial interview of the dint. Problems of time, space torts or cases in one sub-area of torts (e.g., libel, products two and perhaps all three years of the ).D. program, repre- and supervision would probably make it impossible for liability, automobile negligence). The operations in this phase would not be as highly sents a significant advance in clinical legal education. The each two-man team Iq, cpnduci a separate interview, Integrated Professional Practice Training Program (herein- though through the use of audio-visual equipment we structured as those in the Small Case Phase. Each team after referred to as the Practice Training Program or might be able to achieve this. One alternative would be to might be assigned just one case for the entire eight-week P.T.P.) contains two components, the Simulation Phase stage the interview or interviews (if more than one fact period. There would be more time and greater need for followed by the Clinical Phase. The Simulation Phase is situation, hence more than one client) at one session for independent field and library research, and less frequent primarily designed for second year students. Upon comple- four teams, and at another session for the other four occasions for monitoring student performance. Opportunition of the Simulation Phase, third year students may en- teams. ties for individual consultation with the partners wouldbe roll in the practical curriculum or Clinical Phase which As in other aspects of their work on the cases, the greater. The activities might include such episodes in the uninvolves the resolution of "real" or "live" client cases, as students would be assisted by readings (on this occasion, permitted by the laws governing student practice in New relating to lawyer-client interviewing) supplied in advance, folding of a lawsuit as (a) counseling sessions with the York State. The two components are structurally distinct and the discussions of the students' performance would client; (b) monitored telephone conversations with the adbut are inseparable in terms of the pedagogical objectives relate back to the readings. Over time, sets of readings or versary; (c) field investigation, including the interviewing of the Program. manuals would be prepared and constantly revised and im- of witnesses; (d) library and documentary research; (e) the The major innovations are structural in nature, proved for general usage in the Simulation and Practice preparation and service of process and pleadings; (f) deposfollowing from the adoption of the law firm as a model for Parts of the Program. itions and interrogatories; (g) the argument of pretrial organizing and scheduling student activities. Students enThe case statements and strategies should be de- motions, backed up by written briefs; and (h) the briefing rolled in the program would join simulated law firms veloped in such a manner as to allow the student the and argument of appeals from rulings on pretrial motions. Periodic sessions, including firm meetings (seminars), (SLF's). The professionalpractice concept denotes concen- broadest possible view of the processes of the law office. tration of the skills training a neophyte lawyer or law clerk They should be designed to furnish insights into the practi- wouldbe included. Occasionallectures on particular aspects would ideally be expected to receive in a law firm. The cal considerations which frequently lead to lawyers'decis- of practice would be scheduled for each SLF separately or roles of "lawyer" and "clerk" are substituted for thoseof ions, as well as to the way lawyers learn law and apply it to at seminars for some or all the SLFs. We suggest that conthe classroom teacher and student. facts. This would call for a discussion of the firm's fees as sideration be given to folding the existing Appellate Practice course into a Simulation Part of the Program at this Integration is to be achieved in yet other ways. Par- part of the opening dialogue with the client. continued next issue Episode 2. The activities in the second stage would juncture. ticipants from the Law School faculty wouldwork in tandem with members of the Bar. Students of different class consist of analysis of facts gleaned from the interview, legal basic issues, relevels would work together. Clinical programs confronting identification of'factual and legal third-year students with live clients would be linked with search, and the preparation of memoranda laying out a simulation training. The operations of the courtroom strategy or alternative strategies for a negotiation. The students would be expected to be on their own, would be tied to those of the law office, avoiding distortions created by the tendency of conventional clinical pro- being put to the burden of a lawyer thrust in to an unlawyering litigating. Finally, with there familiar field of law or practice. The students would have equate grams to would be fresh opportunities to integrate the teaching of the benefit of consultation with the Managing Partner and practive skills with the teaching of substantivelaw. other designated partners. The students would be required to submit memoranEach phase of the Program would begin with the problem of a "client," and the episodes that follow would da outlining their proposed strategies. The Program might remain client oriented, no matter how deep the students also require the submission of a first draft or outline of a may probe the theoretical foundations of the legal issues legal document, such as a separation agreement, anticipated in the next episode. involved. Episode 3. This would be the negotiation stage. The problems of scheduling monitored negotiations would be Simulation Phase would be desimilar to those noted in connection with staging theinitial In the Simulation Phase the students ployed among four groups, which would be formed into interviews. However this is done, a subsequent session or SLFs. Each SLF would consist of the following: (a) a full- sessions would be useful to discuss the various negotiations lime faculty member (the "Managing Partner"); (b) two and comment on the students' performance. Episode 4. During the final week of the period for volunteer practicing attorneys ("Practitioner Partners" or "Practitioners"), selected by the Managing Partner with the matrimonial case the respective learns would be exthe approval of a designated committee; (c) other outside pected lo complete the negotiation of a legal solution to lawyers appointed lo serve in special capacities in connec- the problem, such as an agreement lo separate, and protion with particular types of cases, or training in particular duce a signed document putting the matter to rest. Counsel"); These and subsequent similar operations of the Pro- O'Brian Hall suffers through Ist winter fire drill, as types of skills such as trial advocacy ("Special and Dean, huddled near door, join (d) 12 to 16 second year students ("Associates"). In addi- gram should be planned so as to add one feature not re- administrative staffBelling of named administrator flecied in the foregoing description a method for isolat- students outside. as tion, a Project Director will be < �March 12, 1974 Opinion 6 Nixon's Crime Bill continuedfrom page 3 as mere membership in an organization accused of War and in the civil rights struggle. Penalties range up such an objective or recruiting members. to life imprisonment or a $100,000 fine. Notwithstanding the disclosure of unlawful and For example, Section 1111 prohibits obstruction of a government service or defense facility and otherwise improper conduct pervading the highest delivery of defense materials of the U.S. or an "ass- levels of the Nixon regime, Nixon still has the politiociate nation" (South Vietnam or Cambodia) with cal power and arrogance to mount a fundamental intent to harm the defense effort. Section 1112 pro- assault on poor people and on democratic values. hibits such obstruction, regardless of intent. Section Seven of his top aides were recently indicted and the 1116 would punish, among other offenses, sit-ins Grand Jury found evidence with which they could and mass picketlines at induction centers or at have indicted Nixon himself. We have seen that they campus military recruitment drives; Section 1117, don't feel thatrule of law applies to them. The substance of the proposed legislation dementitled "Inciting or Aiding Mutiny, Insubordination or Desertion," appears to be aimed at the Gl Move- onstrates, once again, that those in power in the U.S. consciously propose simplistic and misdirected ment. Still another provision, Section 1335, would methods of curbing the sharp increase in crime, make criminal conduct impairing an official proceed- rather than seeking to deal with its root causes. Any ing, including excessive "noise". Section 1328 seeks serious effort to reduce crime must aim at chronic to punish persons demonstrating (even silently carry- unemployment, rising prices, and alienation brought ing a sign) within 200 feet of a courthouse where a about by racism and discrimination. trial is in session, or within 200 feet of a judge's The Nixon strategy is based, politically and economically, upon the oppression of poor and working residence. people for failand the repression of the dissident. It follows Section 1804 provides for mass arrests ure to disperse, although no riot or violence has inexorably that rather than improve the lives of the occurred. And a provision entitled "Temporary Resi- poor, Nixon seeks only to put and keep them in jail dence of the President" would, upon mere designa- more easily and in greater numbers. Also inevitableis tion by the Secretary of the Treasury as "offlimits", his attack on thosewho would challenge this philoban all demonstrations within sight or sound of the sophy. As prices continue to skyrocket, peoples' President, even if he is merely passing through the access to travel and heat is more severly curtailed, area. It looks as though the Emperor doesn't want unemployment continues to climb, and the oil comany of us to tell thathe has no clothes. panies continue to make record profits; the need for The ultimate measure of Nixon's attack on the repression is going to be increased. The more that First Amendmentis the provision that seeks to resur- the people are starved and robbed, the more they rect the infamous Smith Act, 18 U.S.C. Section become a threat to the powers of Rockefeller, his 2385, which had prohibited advocating or teaching fellow multi-billionaire, imperialist friends, and their the desirability of overthrowing the government by puppets like Nixon. force or violence. The Smith Act was upheld in DenAn all out effort is needed to defeat the Criminis v. U.S., 341 U.S., 494 (1951) but later rendered nal Code Reform Act. People should request copies "inoperative" by the Supreme Court's decision in from their Congresspeople. They should demand Yates v, U.S., 354 U.S. 298 (1957). Section 1103 that their representatives familiarize themselves with punishes "inciting" overthrow of the government at the legislation and announce publicly their strong some future unstated time and .such nonviolent acts opposition. protest employed in opposition to the Indochinese BLP: One Semester, Going Strong BLP stands for Buffalo Legislation Project which was begun last semester by a group of third year students headed by Jim Clute. Twenty law students from all three classes contributed to the BLP in its first semester. So far, 25 students have been assigned to projects this semester. The BLP has two goals: 1) to provide research assistance to individual legislators and committees at both the state and local levels; and 2) to provide law students with an opportunity to develop research, writing and drafting skills. Last semester, legal memorandas and drafts of bills were com- pleted on the following topics: a sentencing review board for New York State, mandatory deposit on all beverage containers sold in Erie County, provisions for abandonment in state eminent domain proceedings, discrimination against the handicapped, and Fifth Amendment rights of New York State public officials. This semester research is underway in the following areas: a health data bank for Erie County, changing the contributory negligence rule in New York State to one of com- parative negligence, pay increments for police officers based on credits received for higher educa- tion, small business procurements, the Corporation Law, and conflicts of interest in criminal justice. The number of projects the BLP takes on each semester is limited only by student interest. The BLP so far has had more requests from legislators than it can handle. The BLP directors are also willing to solicit in areas of particular interest to individual students. Any students who are looking for an opportunity to do practical legal research should contact the new directors, Jan Morelli, Ben idziak or Pam Heilman, in the BLP Office, Room 505. Turn of the Screw by lan DeWaal Students will now have the opportunity to meet with and interview prospective faculty members. After each session, student opinions on the candidate will be solicited and forwarded to the Appointments Committee for their consideration. Notices of upcoming interviews and the time for a "group" student interview will be posted previous to the arrival of any candidate. In addition, faculty members in the field of the visitor will be asked to notify students with a particular interest in the appropriate area and ask them to participate. Student groups or academic advisory committees in the subject will also be contacted. Once notice has been given of an upcoming interview, ) would appreciate anyone who is interested in speaking with the candidate signing up in 303 O'Brian before the scheduled date. This will facilitate the collection of comments after the interview. There has apparently been some wide-spread confusion over the procedures for applying for New York State Higher Education Ass i sta nee Corporation (N YHEAC) Loans and Scholar Incentive awards. These are the correct procedures for applying for next effort to approve the amount you request. The maximum per year is $2,500 for a maximum total of $10,000 including undergraduate loans. The application is then forwarded to the lendinginstitution for approval. After which, the NYHEAC determines the eligibility of yeart The time to apply for a NYHthe student and notifies the lendEAC loan is during the summer at ing institution, school and the stuthe earliest. At that time, go to dent. the bank where you usually transThose students applying for act your business and secure an application. The primary reason Scholar Incentive awards should for using the bank of which you make application at the end of are already a client is that they June, beginning of July. If you know you and it might eliminate have received an award this year some red-tape. You are perfectly an application should be automatfree to go to any bank you wish. ically sent to your home in early After you secure the form it summer. If you do not receive an must be completed and forwarded application you can obtain one by to the Law School to certify that writing to the Scholar Incentive you are a registered student and Center, 99 Washington Avenue, then sent to the Financial Aid Albany, N.Y. 12210. Office to verify your need. If you A proposed list of penalties for have not applied for Financial the mutilation of library materials Aid, a supplemental form will be has been posted on the round bulsent to you for completion. The letin board right inside the library Financial Aid Office makes every doors. Take time to read it. 4 Tier Wins continued from page 7 tiers would rather prefer an intermediate option than the present five-tier system. Hence, in that interpretation, a four-tier system, such as the School had prior to January, would win greater preference than the five-tier system in all classes, and by better than 2-to-1 margins. This interpretation, these members of thead hoc committee feel, is explicitly supported by the results of the firstIst Year Class 2 tier: 46 3 tier: 26 4 tier: 64 5 tier: 55 year vote on the Q+, which indeed reflects a 2-to-1 preference for the four-tier system. The ad hoc committee is presently preparing a statistical analysis of the referendum results for presentation at the next APPC meeting, at which time the ad hoc committee is expected to ask the APPC to recommend to the full faculty a return to the four-tier system of last semester. 2nd Year Class 2 tier: 23 3 tier: 17 4 tier: 20 5 tier: 26 3rd Year Class 2 tier: 14 3 tier: 11 4 tier: 12 5 tier: 15 Q+ Grade (Ist Year) Yes: 57 No: 129 Total Vote 2 tier: 93 3 tier: 61 4 tier: 108 5 tier: 105 Katz Case Settled who sets out to grade a stack of blue books with a mental model of a three-tier grading stystem (H, 0,-and F) is more likely to award a significantly larger number of F grades than one who uses a fourcategory system," despite contrary intentions. Weighing the percentages of F's awarded by Katz in order to determine the likelihood of harm to the grievants from this "mental model," the Board found that, white F grades constituted only 2% of all grades awarded that semester, Prof. Katz had given 13% F's in Evidence, 25% in Federal Jurisdiction,and 19.4% in the Criminal Law section from which the grievance was taken. As these continuedfrompage 1 grading patterns indicated that the grievants were subject to "the possibility of unfairness," the FSRB decided remedy was justified and hence recommended to the Provost that the grievants' grades be changed from F to D. As for those students other than the 13 who received F's from Katz during that time period but who have not filed grievances, the FSRB described such parties as "a class of individuals who were subject to an equaf, but unquantifiable, risk of harm and therefore may be eligible for the same relief." That issue, however, will be adjudicated when and if grievances are filed by those other affected parties. Students Protest Labor Law Dearth ••re- Considerable agitation is occur- can receive in Labor Law. ring because of the prospective A meeting was held on Februtotal lack of upper-level Labor ary 25th to discuss this matter, Law courses next year. This un-i- Although rather sparsely attendexpected situation was caused byy ed, perhaps because of the relative the recent decision of Professor lack of notice and conflicting clasJames Atleson, who normallyy ses, several students suggested an teaches those courses, to take an effort be made to obtain visiting unpaid leave to accept an appoint-t- faculty to cover this gap. Some ment as a Visiting Professor at the names were suggested and a petitUniversity of Minnesota. He willII ion formulated. That petition, be gone the entire 1974-75 aca- i- which merely states that the demic year. Further complications undersigned have a sincere interest are added by the long-scheduledd in taking such upperlevel courses, sabbatical of Professor David Ko- had been signed by more than chery in the spring of 1975. Pro- fifty students by March 5th. It is understood that a resolufessors Atleson and Kochery normally alternate in teaching the tion in support of these efforts r n e s ,-»e basic Labor Law course. was introduced at the SBA meetThese absences mean that onlyy ing on March 8th. Don Lohr, newthe basic course may be taughtt ly elected president of the student next year, and that only in thee body, had stated that he saw no first semester. Even that is nott obstacle in its passage. certain. This dearth is especiallyy A meeting with Dean Schwartz serious to those juniors who havee has been scheduled for some of a long time interest in Labor Law.'. the organizers of this drive on They will be seriously hamperedi March 12th. At that time the in getting employment in thatt petitions will be presented and the area. Freshmen will also be re- I* problem and various possible solustricted in the concentration theyi tionsdiscussed. APARTMENT FOR RENT: 4 bedroom apartment, fully carpeted and with dishwahser, located mid-way between Law School and courts. $65 monthly per person, preferably four law students. Includes utilities. 1769 Bailey Aye., near Walden. Call 634-1754. TYPING: experienced typist will prepare your resumes and assignments. Reasonable rates, pickup and delivery to O'Brian Hall Call Cheryl, 836-8108. FOR SALE: Used grey wool carpeting with pads. Ideal for student apartment. 107" x 910" $20; 104" x 18' $25. Also, a sealskin coat, size 16 $20 or best offer. Call Tuesday or Wednesday 5-7 pm 832-8621. - �March 12, 1974 Opinion C.A.S.B.A. Sweeps SBA over independent candidates, a pool of about 60 votes providing theirelectoral strength. In the first year elections, although contested, the C.A.S.B.A. slate of Bert Slonim, Carl Howard, Steve Kaplan, Bette Gould, and Ruth Siegel counted upon a pool of about 100 votes to defeat several independent challengers with the exception of Margaret Wong. In all the contests, there was reportedly little "ticket-splitting", with the C.A.S.B.A. ticket drawing straight support on many ballots. Chui Karega won uncontested election to an FSRB sear when C.A.S.B.A. candidate Carl Howard's nominating petitions were continued from page 1 rejected due to insufficient thirdyear signatures. Hardly had the dust of balloting settled when post-election analyses were being advanced by S BA sources, victorious candidates, defeated candidates, and variousstudent groups. One view of the C.A.S.B.A. success was that students generally were dissatisfied with the accomplishments of SBA and desired the stronger leadership which a unified slate might provide, while others attributed the sweep to various factors such as the size of the freshman vote, women law students as an organized group or as a voting bloc, and ideological loyalties. Less positively, the C.A.S.B.A. success was described SBA Changes Guard, Grants Recognition by DennisPasiak Don Lohr took over last week as SBA president succeeding Marty Miller, who was presented a plaque for his outstanding contributions to the SBA and to the school. In turn, Miller, before handing over the gavel to Lohr, gave recognition to the "unselfish and valuable contributions" of Jim McLeod, Chris Greene, Hugh Scott and Ray Bowie to him personally, to the SBA, and to the school. In addition to the "changing of the guard" a number of topics were discussed at the short SBA meeting of March 1, 1974. Shirley Bevel, whose name was left off the ballot in therecently completed Ist yearelections, has challenged the validity of the elections to 1976 Class on the board of directors. The faculty Budget and Program Review Committeediscussed the severity of the proposed disciplinary measures for students who are found mutilating library materials. The proposal states that students foundmutilating or stealing library materials will be subject to suspension from the law school for one semester for the first offense, and expulsion for any subsequent offense. The committee felt that this was too harsh a measure and should be considered as an upward limit. Faculty approval of the committee's view is more in the future. Certainly it would have been a simple task to invite someone to the symposium from legal aid, the public defender's office, a Public Interest Research Group, the Attica Brothers Legal Defense Office, and College Z. It is well known that several Buffalo attorneys and legal workers have been attempting to set up a Buffalo Law Collective; certainly it would have been interesting as well as informative to hear of their problems and their sucesses. The philosophical bias underlying the career day symposium is the same bias that apparently underlies the law school faculty's recent decision to concentrate ali clinical efforts at the law school into a simulated law firm program. It is time for the lawschool - - tight. Certainly Placement should be praised for initiating a series of programs designed to inform stu- dents about what it's like in the "real" legal world. But that world Letters: Supercop we are trained to analyse the content of laws. This regulation has failed to measure up to minimal cr jterja: the past. Voter turnout was heaviest in Ist year, where almost 65% of the class voted and where the sheer numbers may have decided the election, since far more freshmen voted than juniors and seniors combined. sought. Five additional faculty members could be hired for next year teaching lines were created. five as However, no additional lineswere provided foradministrative (place- 5:30 P.M., or in the circleand in the unpaved construction area at any time are subject to tagging and being towed away. Student members to Professor Boyer's visiting committee are sought. This committee works with the faculty to decide whether instructors at the law school should be retained, promoted, or dismissed. An SBA committee consisting of Laura Zeisel, Betty Gould and Paul Equale was formed to study the possible rescheduling of second and third year seminars. Also under consideration is a new time for SBA meetings. continued from page 2 and to demonstrate to realize that realization in planning curriculum and placement that not all of us law students plan to practice traditional forms of law. Some of us, in fact, if faced with the prospect of accepting a job with a medium-sized private law firm or with a government agency, would choose instead to seek employment as a waitress orconstruction worker. And even those students who are not repulsed by traditional legal careers deserve to be advised about all the career options open to them at a time when the legal job market is extremely Budgets Unspent includes much more than traditional forms of practice. And students who are interested in exploring alternative forms of practice deserve just as much encouragement and assistance from Placement as do students who choose from among traditional options. By the time the career day format was published this year, it was, according to the Placement Office, too late to make any • State of Disarray In addition to organizations' failure to spend allocated money, SBA accounting itself seems in a state of disarray, with many previously vouchered expenses entered in the books in a manner SBA bookkeeper Shirley Chioses finds inexplicable. The condition of thebooks may, in fact, account for the lack of entries in some organizations' budgets. Under SBA social expenses, for instance, such items were entered as "Client Counseling in Albany" ($5O), "Registration Fee for ABA Convention ($22.34), "Convention Expenses ($94.45), "Secretarial "Expenses" ($B5), and "Sub Board I Services" ($231.50), all under a. category allocated $2000 for the year's parties and social functions. Only the SBA Christmas Party, costing $599.75, appears appropriately enteredunder the social budget. In another case of miscategorized entry, Distinguished Visitors speaker Sharon Krebs' $50 honorarium was entered under the SBA Executive budget rather than under the honorarium line of Distinguished Visitors Forum, where it obviously belonged. This occurred when whomever completed the voucher neglected to indicate the proper account number. One expense properly categorized as "SBA Executive" was, incidentally, a $125 expenditure to purchase commemorative plaques for the outgoing SBA officers. Another question arises with regard to the Distinguished Visitors Forum budget in that it shows no expenses ever spent for telephone, honoraria to speakers, or travel, despite the steady stream of such speakers all through the fall. The only DVF expense thus far this year has been $30 forluncheons for three speakers. In another glaring discrepancy resulting apparently from a breakdown in communications between SBA and its own bookkeeper, Ms. Chioses was never informed of the existence of the Puerto Rican Law Students as a budgeted organization, discovering their existence only when they submitted vouchers for convention expenses. According to the records, the Puerto Rican Law Students had no money allocated, even though the group's budget was approved by SBA at the same time as all the others. Ironically enough, the most recent entry in the SBA books is miscategorized, this being the $10 Women Law Students vouchered for magazine subscription. Although AWLS was given a $35 budget line just for such subscriptions, the expenditure was entered under "office supplies" and so remains. Questions & Puzzlement Several organizations which have reviewed thier budgets have expressed puzzlement as to why certain vouchered expenditures have not been entered properly, while others noted that theirconventions were not scheduled until later this spring and that conventionexpenses alone constitute much of their budgets. SBA has had three, possibly four, different officers managing the budget this year, and since the resignation of treasurer Hugh Scott, Marty Miller, Don Lohr, and Chris Greene all assumed the function to some extent. Reports of large unspent sums had started spreading even before the election campaigns, and several candidates recount contacts with students who questioned the budgets and even the need for an activity fee. SBA must sponsor a referendum on the mandatory student activity fee, presently assessed at $15 per semester, sometime later this changes in the symposium. Let us hope that in future symposia, alternative forms of practice will be included by Placement side- spring. by-side with the more traditional forms as equally legitimate career options. Laura Zeisel Kay Wigtil -for Buffalo Chapter, The Student Chapter of the AmericanCivil Liberties Union will NationalLawyers Guild begin a seminar series tomorrow night with a discussion of "Women and the Law" moderated by Marjorie Girth, Kenneth Davidson and continued from page 2 others, in room 244-46 of Norton Hall on the Main Campus. Time of the seminar, at which questions and answers along with open discus- ACLU Seminar Series - by which sion will be featured, is 7:30 to 9:30 p.m. that no lesser imposition of auth- accidental discovery Following the March 13 seminar, future seminars in the series, ority would accomplish the goal: to enforce the anti-mutilator law. Liberties and the Law," will include a program on i.e. preservation of the collection. It is unsystematic and therefore entitled "Civil Law, Procedure, and the Penal System" on April 10 and Replacementor repair of the dam- unjust to punish only those whose "Criminal "Entertainment and the Law" on May 8. age would be a more reasonable misbehavior is uncovered by reck- the 1) It is based upon the princi- alternative. It is not discussedand less misfortune. Moreover, and the tion is a denial of equal protecpie of "over-kill". The penalty for we do not know why it is reject- penalties are so severe deprocedure so complex as to tion. It proposes to punish stua penciled checkmark in a margin cd. mand the exercise of discretion at dents while denying that faculty is the same as for the theft of a preliminary point. Did the or others could be guilty perpetra2) regulaEnforcement of this some thousand books. Students are to mutilator mean evil or tors of the same offense. It creates be suspended for a term, then ex- tion must by its nature be arbi- midnight away by his zeal to a criminal class who may be punpelled. To impose such drastic trary and capricious. Supercop was he carried acquire knowledge? force and Is intent an ished and allows others, perhaps Wenger police has no "governmental authority" there to hide, element of the crime? more guilty, to escape with immust be a showing that the penal- there are many places 3) important, Most the regula- punity. crime and There is no possible way except appropriate to ty is the continuedfrompage 1 by some as "a simple powerThe same situation appears to be true of Association of Women grab." Law Students, who were budgeted $710 and have spentonly $10 for a According to one of the slate's magazine subscription, although it is understood that-AWLS is now first-year candidates, the purpose planning thenewsletter for whichSBA allocated $50. of the slate was to isolate and Other organizations have similarly spent only for keys or dues. 1'get" certain other candidates Environmental Law Society has recorded an expenditure of only $2 running as independents. for office keys out of a total allocated budget of $475 for items such In any case, analyses seem to as convention, subscriptions, and xeroxing expenses for a research lib; agree that the outcome of SBA rary. International Law Society, with a budget of $585, has spent $15 elections will be increasingly de- for dues to thenational organization of which it is a member. termined by slates or even parties Several organizations receiving less extensive budgets show no of candidates, rather than waged expenditures whatsoever, including Legal Observers ($150) and ACLU by individual campaigners as in ($150). ment) or supportive (secretarial) the election committee which will positions. give a ruling to determing the elecAlso discussed was the parking tion's validity. She was running situation near the school. Cars for a position as a member of the parked in the roadway prior to Letters: Unbalanced Program there will be even 7 - In summation, the anti-mutilation regulation is less than Q minus work which must be opposed and defeated. Unjust law sh ou Id not begin in the law school, it i: bad for our collective reputation. Thomas Schofieid William Savino �March 12, 1974 Opinion 8 Snack Bar Ms. Krebbs: Prison Survivor Pollution The problems of women in prison were presented by a former inmate of Bedford Hills Prison, New York's only facility for women. SharonKrebbs, who currently teaches at New York City's New College, and holds a Masters Degree in Russian Literature, is currently on parole after having served 18 months at Bedford Hills on a conspiracy to commit arson charge. She describedherself as a survivor of the prison system. Ms. Krebbs first noted that.women's prisons are substantially different from men's in that women are not physically brutalized, treated like animals, or feared as such by the guards. Instead, the women in prison are treated as children, and prison regulations socialize the women to view themselves as such. To survive in prison, a woman must learn to put on childish tantrums and be passive. Such behavior is rewarded by prison officials by granting extra privileges to docile women. prisons to rehabilitate, Ms.Krebbs This socialization process also explained, is the maintenance of leaches the women to view them- an institution which thrives on its selves as failures,making themde- own failures. It teaches prisoners pendent on the prison institution only to be prisoners, and the reciand thereby explaining the 70% divism rate which results keeps recidivism rate among ex-prison- the prison populated, thereby providing jobs for guards, and cheap ers. Ms. Krebbs described the re- labor for the state. programs at Bedford habilitation .In response to qucslions about Hills as inadequate to train some- prison life, Ms. Krebbs answered one for employment or to combat that the first two weeks after a the dependency created by prison prisoner's arrival arc spent in total life. The only jobs at the prison isolation. After that one is assignare key punch and sewing, which ed to some form of busy work job she said both use outmoded for 6-8 hours a day. Entertainequipment, and the inevitable cus- ment was mostly limited to soap todial jobs which keep the prison operas on television. Reading operating. A high salary for a wo- materials and correspondence is man prisoner would be $1.25 per all censored, and drugs given out by Dennis Pasiak -Centner Posters, television and radio commercials and even trash cans themselves constantly remind the populace "that every litter bit hurts," to "pitch in" or to "dispose properly." Perhaps the frequency of these statements lessens their impact, for people constantly disregard them and seek alternate places such as streets, lawns, floors and hockey rinks as a depository for their litter in lieu of the waste barrel. Recently, as you have noticed and as the photos indicate, the law school itself has become a sort of wall to wall ashtray or garbage can. The litter situation at the law school has grown more acute in recent weeks, primarily with the to mention wrappers of assorted size and description and old copies of the assorted newspapers sold or given away at the school. Obviously the situation calls for a remedy. My son Benji is at the stage where he leaves jelly beans under the pillow or popsicle sticks on the coffee table, but a smack on the tochess corrects that. Negligent diners cannot be spanked nor can they be dispatched to room 106 to write on the blackboard "I shall not litter" a hundred times. Discussing the problem with various students, the consensus seems to favor a "police your own mess" policy and to pay closerattention to the signs posted around the school. In a discussion over coffee with not available 'downers' are easily developed, and their use is encouraged because of Iheir passive effect on the prison population. Ms. Krebbs said that over 80% of the prisoners are mothers, who have little to say about what happens to their children while they are in prison. If relatives are unable to care for them, they are often placed in foster homes or juvenile centers. Children are allowed to visit at Bedford Hills if they arc accompanied by an aduli. As an alternative to the present prison system, Ms. Krebbs proposed ihe institution of half way houses or work programs which would be cheaper to operate than prisons, and would reduce the reday. freely. cidivism rate by providing the woDependencies on the readily men with realistic training. The result of the failure of the Women's Prison Conference The Buffalo Women's Prison The slide show depicted life in Project sponsored a conference on a women's prison as being training how to be a prisoner, and lackWomen in Prison Saturday, March in 2nd, at the YWCA Women's Res- ing any rehabilitation or training that could make women self sufficient when they arc released. Instead, independence is discouraged. The conditionsdescribed by prisoners. Sharon Krebbs at the DistinguishThe Women's Prison Project, ed Visitors Forum were confirmed by the quotations from women organization years old,betwo an gan as a class in the Women's prisoners in the slide show. Studies College, which held classes for women in theErie County Jail The panel discussion cited the and the Penetentiary at Wende. "problems of children of prisoners, The success of the program led to and the breakdown of family rethe formation of the Project at lationships which result from inthe end of the semester, and the carceration. Much of thisis avoidwork has continued since. able, since most women in prison ource Center in Buffalo. The conference consisted of a slide show, panel discussion, workshops, and art display of works by women AlumniLine by Earl S. Carrel for his long years of dedicated public service to the community; and Robert I. Millonzi, '35, of the firm of Diebold and Milionzi as an outstanding member of the practicing bar. The dinner will be held in the Buffalo Athletic Club with cocktails courtesy of the Liberty NaThe awards will be given to tional Bank and Trust Company. Justice Walter J. Mahoney, '32, of More on the dinner in the next the Appellate Division, Fourth issue. Department for his outstanding performance in the judiciary; Justice Michael F. Dillon, '51, of the I just received a copy of the New York State Supreme Court U/B Law Bulletin, a feature idea The Board of Directors of the Law School Alumni Association has announced the recipients of its Distinguished Alumni Awards which will be presented at the Annual Dinner thisFriday. are waiting for trial or are serving sentences of less than one year. Reforms in the bail system, and alternatives to the prison sentence would help eliminate this problem. The serious lack of medical care, especialiy for expectant mothers who are often placed in infirmaries with patients with infectious diseases, was also discussed. Community involvement around the issues presented by conditions in women's prisons was stressed as a means of beginning addition of the cafeteria on the to correct the faults in these prisecond floor. The eating areas on sons. the second floor are generally decorated with used coffee cups, brown bags, those silly, flimsy cardboard carrying trays and wax paper. On occasion someone in an artistic mood beautifies the tables from University Information Ser- and the floor with either brownvices. The bulletin is a two-page ing apple cores, orange peels, or slinger promoting a new view of slices of stale bread. People genthe school. Copies may be obtain- erally eat lunch early in order to ed from: insure themselves a somewhat University Information Services clean table, or else to spoil some90 Hayes Hall one else's appetite by leaving their SUNY at Buffalo refuse on the table. Although the second floor is Buffalo, New York 14214 the most littered area of the We'd like to thank those peo- school, litter has begun to invade ple who took time from their the classrooms, the lounges, and schedules to participate in Career even now the library. A look Day. It was a worthwhile project around the school will reveal litter and hopefully will be continued from apple cores to, when in seaand expanded in the future. son, perhaps watermelon rinds, —Centner Mr. Paul Goldstein, Mr. Goldstein suggested that if the dining areas are to be permanent, that they should be decorated and better lighted. This would be conducive to keeping the area cleaner. Who likes to eat in a dull and gray atmosphere, much less keep it clean? No one, I'm sure. Furthermore, Mr. Goldstein suggested that signs reminding people to clean up after themselves should be more cheerful and colorful than the bland ones in existence now. Is there anyone with an artistic bent out there who would like to see theirwork of art memorialized on the second floor? These suggestions sound simple, but will they work? We hope so. P.S. Mr. Goldstein and I dis- posed our coffee cups properly. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-03-12 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/1dd21cb5979119a0572cc6332db6957c.pdf 735315526bc3193719308d4f0839fa0d PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 8 State University of New York at Buffalo School of Law SBA Candidates Contest; Elections Wed., Thur. One of the most vigorously contested and unusual SBA campaigns in the School's history moves to a close tomorrow and Thursday as students go to the polls to elect new SBA executive officers, class directors, and an FSRB representative. For the first time in SBA elections, a slate, calling itself "Conference for an Active SBA" or CASBA, is running candidates for every seat up for election, for a total of 16 offices both legislative, executive, and FSRB. Independent candidates are competing with the slate for the presidency and the two vice presidencies, as well as for the class director positions,but slate candidateshave no opposition for treasurer and secretary. Don Lohr, heading up the CASBA slate, is opposed by independent Kathryn King for the SBA presidency, while Ray Bowie, likewise an independent candidate, is running against Laura Zeisel, slate candidate, for the office of first vice president, the. function of which is to serve as SBA's liaison with outside professional and law student associations. Mark Linneman, an independent, is contesting with Rosemary Gerasia of CASBA for the secondvice presidency, which represents SBA on Sub-Board and other university-wide bodies. and, barring the unlikely event of successful write-in candidacies, are CASBA candidates have cam- paigned together and generally stuck with their collective platform throughout, while the independent candidates have been urging students to examine candi- dacies on an individual basis and vote on their relative merits. Candidates for the executive offices have submitted statements which Opinion is publishing with this issue, pages 4 and 5. Students will also be participating in a grading referendum, the major questions of which will CASBA candidates Sara Zur- be a "yes-no" vote on the Chenda and Paul Equale are running grade and several grading options unopposed for the offices of treas- which are to be ranked in order of urer and secretary respectively preference. by Gary Muldoon equality produces. Tocqueville felt that this was necessary to protect that which is valuable, though not necessarily popular. In the twentieth century, this aspect of freedom is not under- stood. Hugo Black viewed freedom of speech as necessary to protect us from the excessive power of the few at the expense of the many. But why, asked Burns, is this necessary when it is the many that rule in a democracy? It is the few which need protection. The fundamental change that occurred with regard to the first Amendment started with Holmes, according to Burns, who saw freedom of speech as a device by which the will of the majority will be heard. Burns saw a purposelessness with regard to free speech today. William O. Douglas, currently the most outspoken civil libertarian on the Supreme Court, does not see free speech as being concerned directly with the protection of science, or the action of a talented few. Douglas sees free speech protecting not only this but all else too. Douglas is unconcerned with the consequences of free speech. The principle which was designed to protect the arts is now made by the Supreme Court to protect everything. Burns said that it was not by chance that today there is no art left worth protecting. With the case for censorship, it's the narrow-minded librarian and Comstockian figures who have made the case for censorship. But others, though less popularly known, have also advocated censorship. Rousseau was in favor of censorship in a democracy. A democracy requires of its people more restraint than with other forms of government. The more debasedhis subject, the easier it is for a tyrant torule. A second argument for censorship is with regards to the arts themselves. Censorship is required for the arts, for without it, the U.S. Postage PAID Buffalo, New York Permit No. 708 February 26, 1974 Master Plan, Professional Program Grading Referendum Miller's Swan Song ', p. 4 5 p. 3 p. 7 p. 2 regarded as shoo-ins for election. Burns: A Case for Censorship Professor Walter Burns spoke to the Law School last Thursday on censorship and its role in a democracy. Burns, currently teaching at the University of Toronto, was strongly in favor ofcensorship laws, for a variety of reasons. He spoke first on the case for freedom of speech, noting that the argument against censorship, while venerable, was originally quite different from the reasons espoused today. John Milton and John Stuart Mill favored freedom, but it was freedom for philosophic speech for which they were concerned. Mill did not argue for absolute freedom, but for freedom to protect that rare person, the "scientist," who is endangered by the tyranny of the majority. Tocqueville was also in favor of freedom of the press and found it to be more valuable in democracies than elsewhere, because it is the only cure for the evils which Election Statements Read and Vote Non-Profit Organization arts themselves will suffer. The work of the Supreme Court has, according to Burns, destroyed the difference between art and trash. Burns asked that, if this is so, is free speech good? Who wouldsuffer if Deep Throat is censored? The statement "I like it" is, according to Burns, rebutted by "We don't," because in a democracy it is the "we's" that count. Censorship also protects human eroticism, Burns said, by keeping it in the private sphere. Human eroticism can only exist in the private sphere, he contended "You can't make love in public." Humaneroticism requires the privacy that has been imposed willy-nilly in the past by censorship. It's not what Anthony Cornstock was trying to do, but an effect of his acts may have been that. Burns criticized the repealing of laws proscribing permissive sex, because the advocates of this repeal are advocating a sex that cannot be called human sexuality, but merely the stimulation of nerve endings. They are advocating sex abstracted altogether from its human setting, a sex where "it's all a question of friction." Sex laws have the effect of placing a "legitimate" or "illegitimate" tag on certain things, confining the illegitimate to the fringe. Theselaws have the effect of making vice difficult, but not wiping it out, which Burns felt had salutary consequences. — Provost Discusses Placement Issues Addressing a small audience of cited by the Provost before SBA, about twenty students, Provost another administrative spokesman Richard Schwartzbriefed the SBA interviewed by Opinion said last week on recent developments frankly that ÜB, particularly Exrelative to the School's attempt to ecutiveVice President Somit, had establish a functioning Placement misinterpreted the SUNY policy Office, the prospects for which to the Law School, thereby caushad been rumored to have en- ing some concern as to whether countered substantial difficulty. Pat Hollander had even been acEver since the Association of cepted for appointment. American Law Schools had critiAs a result of the personnel cized the lack of adequate place- snafu which had resulted in the ment services last year, the Pro- initial Albany rejection of the vost revealed that the administra- Hollander appointment, the Protion had sought a "dual director" vost informed SBA that Ms. Holoffice, one including both an "in- lander had not yet been put on side" placement officer to pro- the payroll but, since the matter vide everyday service to students had seemingly been resolved, that and an "outside" officer responsi- she wouldbe paid retroactively to ble for expanding contacts and January. opportunities outside the School. As for the "outside" placement "The bureaucratic roadblocks officer, the Provost appeared unare unbelievable," the Provost certain as to the chances of obcontinued, noting that the taining the second director in the School's first step towardthe dual near future. "As Pat was available directorship, the hiring of Pat Hol- to us," he noted, "the inside funclander for placement, had run tion got first priority," adding afoul of SUNY personnel proced- that an applicant for the "outures. side" directorship had withdrawn Though the School had sought his name from consideration. two non-teaching professional or The School had envisioned a administrative lines for the place- salary of under $18,000 for the ment directors, the best UB could outside director, which, the Prosupply at the moment was a vost admitted, "won't get us into "teaching line" for Ms. Hollander, the range of the best contacts, which the School was told could which might require a salaried pobe divided into 30% teaching sition of near $24,000." Even so, duties and 70% placement ser- prospects for an NTP line in the vices. What resulted, according to $18,000 range appear dim until the Provost, was "a misunder- 1974-75 or perhaps even 1975-76, standing between UB and Al- at which time, Schwartz said, bany" as to the convertibility of a "Hayes Hall has been talking as if teaching line to administrative they are willing to make a comfunctions, a misunderstanding mitment to an outside director." which was finally clarified by a In the interim, if another letter sent UB by SUNY Personnel teaching line is not madeavailable Vice President Kenneth MacKen- for partial placement functions, zie, in which UB was told that a the administration will seek to asteaching line must include at least sist Ms. Hollander with secretarial 50% teaching dutiesand only then services and graduate assistants. duties relating to "short-term ser- Attempts are being made to insure vice support." that her duties on the teaching Hence, the issue of Pat Hollan- line are retained as they are der's appointment was resolved to through next year. the extent that Ms. Hollander will Provost Schwartz added that be dividing her time equally, ac- "the Alumni Association is eager cording to SUNY policy, between to provide contacts for students," placement services and clinical particularly now that the Associeducation, wherein will lie her ation has established a functioning teaching duties. placement committee under EverAs for the "misunderstanding" ett Barlow. �February 26, 1974 Opinion 2 President's Corner The People's Progress In an effort to both communicate and encourage progress towards equality, towards justice, towards each other this column offers current notes on the status of movements and individuals working towards these goals. With regular contributions from the student population, we hope to keep up to date on a wide variety ofissues, within as well as outsideof our community. To contribute, on any issue, please submit brief notes to the Opinion office, room 623, or contact Shelley Taylor Convissar, 688-9126. The existence of this column, and this newspaper in fact, depends solely on the sharing of time and effort and intelligence we all contribute. This issue's notes are devoted to the gay woman and have been generouslysupplied by members of our school for our benefit. The selections are excerpted from the Ms. Gazette (February and March) and Dykes Unite —— (February). Position Lost Due to Panel Discussion on Lesbianism A psychology professor at Ames College in Greeley, Colorado, has charged in federal court that she was refused a second year contract because she presented a panel on lesbianism in one of her classes in "Psychology of Women." Susan Brown's brief states that the "nonrenewal imposes a stigma foreclosing other employment possibilities." Custody Fight Won by Lesbian Mothers Two lesbians in Lapeer, Michigan, have won custody of their eight children after a three year court fight against charges of moral depravity. Lapeer County Probate judge George Lutz dismissed the case against them at the request of Prosecutor Edward Meth. The defendants, Arlene Smith, 41, and Eunice Brown, 34, both divorcees, had been separated from their children by Marty Miller I remember that fateful day that I ascended to the Presidency of our Student Bar Association. Along with the title, which is not at all displeasing on one's resume, and the other assorted trappings of the office came a number of sizable tasks, some rather pleasant and enjoyable, others not so. Among the "not so" was the arduous task of writing the PRESIDENT'S CORNER for each edition of Opinion. I guess the old approach-avoidance curve is an Is ThereSuch a Thing as a "ReasonableWoman"? accurate theory because my column was always (almost A jury composed of women was ordered by the always) written the night before the ultimate deadline, General Provincial Court at the sessionheld September 22, except for the one occasion that the column was written 1656, at Patuxent, Maryland. The jury was composed of well in advance but I neglected to turn it in in time for seven married women and four single women who tried publication. Not ever having to write such a column before, I Judith Catchpole for the murder of her child. The order read, "Whereas Judith Catchpole being brought before the approached Opinion's Editor, Kay Latona, and queried as upon suspicion of Murdering a Child which She is to what she thought the contents of one such column Court accused to have brought forth, and denying the factor that should be. The response oft Opinion was it is whatever you She ever had Child, the Court hath ordered that a jury of want it to be. Someone from the staff enclosed a clipping able women be impanelled and to give in their verdict to from a California law school's student paper of a the best of their judgments whether she the said Judith somewhat similar column. That paper, which appeared hath ever had Child or not." about the same time as our last elections was likely the last What do yousay to that, Mr. Prosser? edition before the change of student administrations because it lauded the achievements of the past Workshop on the Problems of Gay Men and Women administration. I found the self praise to be somewhat Proposed disturbing. I guess if you do a good job it isn't necessary to The proposed workshop on the legal disabilitiesof gay tell everyone so; they should (theoretically) recognize that men and women, to take place during this semester at the fact. UB Law School, is still in its formative stages. It is hoped Therefore I shall not utilize this, my swan song, to that knowledgeable and concerned faculty and Buffalo be a eulogy for my administration. Certainly I hope that attorneys will join in an effort to informally discuss the we have accomplished some good, and I expect that maybe problems inherent in the legal system for gay people, from we even accomplished more good than harm. I believe that the criminal law to intestate succession, from family law to each one of you can and will decide for yourself the employment discrimination. attributes of the past administration you would prefer to Students, faculty and staff who are interested in this see continued, and those to be dispensed. endeavor should contact Shelley. Taylor Convissar (room Student participation in the affairs of school life, 623 or 688-9126) for further'ihformation. Any kind of the student/faculty committees, was increased this year help will be greatly appreciated. over past ones. Correspondingly, we often found ourselves facing seemingly hoards of applicants for but a few positions. I regret that we were unable to assign each and every applicant to a committee, but there simply weren't enough positions of the type in which people were most interested. There were, however, certain positions that ~ were and still are lacking for want of^applicants. since 1970. The children had been placed in otherhomes during the drawn-out legal battles over the issue of custody. The women complained that they couldn't find a local attorney to represent them. Finally, a lawyer from Flint, Michigan, William Hayes, agreed to plead their case. Alleged Attica Wiretap Under Investigation by Kay Wigtil Court Justice James 0. Moore issued an order to the Special Assistant Attorney General prosecuting the Attica prison rebellion cases requiring an investigation into possible electronic surveillanceof defense legal offices and personnel. In his opinion, Judge Moore held that the defendant's moving papers afforded "reasonable grounds to create a suspicion that the telephone line located in the office maintained by the Attica Brothers Legal Defense was, on November 15,1973, subject to interference which may have been occasioned by the surveillance of that line," and therefore "every effort should be made at this time to lay to rest any suspicion that electronic surveillance was maintained on the lines in question by any governmental agency." Last week State Supreme The incident which gave rise to the order was presented to the court on November 14, 1973 by defense co-ordinator Donald L. Jelinek. It occurred a week earlier, when Buffalo attorney Leonard J. Klaif, who represents one of the defendants, tried to call the central defense Prudential Building, receiving a busy signal each time. On his last try, he dialed, heard clicks, and then heard the voice of Linda ). Lucas, defense Project Director, in a conversationwith an unknown voice about obtaining living quarters. He hung up, dialed again, and the phone was answered by a defense worker who said she had just hung up the phone, and that Ms. Lucas could not have possibly been on the line, since she was in New York City. Contacted in New York, Ms. Lucas verified the fact that she had held conversation regarding living quarters from the defense office phone Klaif had dialed only a week before. A wiretap expert consulted by the defense said that it would be possible for all conversations to be taped on a recorder connected to a phone number which the intruder could dial to get playbacks of a conversation. With such a system, the wiretapper could have access to defense conversations from any city (Rochester, Albany, Washington) simplyby dialing the recorder's number. The state had opposed the proposed investigation as unnecessary on the grounds that no warrant for a wiretap had been issued. office from his office in the ' The past Distinguished Speakers Forum under the leadership of Tom Bailey, who was assisted both last and this year by Linda Kane, did a fantastic job in arranging for interesting speaking programs at the school. Unfortunately, the program which they struggled to develop is on the verge of collapse because no one seems interested in being the coordinator of speakers. Everyone seems interested in bringing in their one "pet" speaker, and I cannot fault them for that, but no one is willing to assume the overall responsibility. I hope that someone will come forward and assist the next administration with this most worthwhile program. SBA elections are here again. It's that time when we all are in the position to make a choice. Voting is not enough. It doesn't by itself qualify as participation in student government. Give the new administration your assistance, your time and support. The new President and the Executive Board will be faced with the same choices that confronted us twelve months ago. Direction can be despotic, almost dictatorial, or it can be participatory. The choice is very much up to you and the people you chose for the Executive Board and the Board of Directors. Consider each individual on his merits and decide accordingly. Guess I am weary. Twelve monthsis a long time and it's about time I returned to my original role of being a student, but before the clock strokes twelve, I would like to extend my heartfelt thanks to all the students, faculty Moderator for the program will be Robert F. Fine. and staff who assisted during this administration. I cannot Law careers of various kinds will be discussed by the find words adequate to express my appreciation. There is following Buffalo alumni: no question that none of what was accomplished could have been so without your help. a. judicial clerkship ~ Robert B. Conklin, formerly clerk to Judge John Curtin, and now of Hodgson, Russ, Volume 14, Number 8 flnininn Andrews, Woodsand Goodyear. February 26, 1974 b. Government agency Margaret ). Quinn, National Labor Relations Board; and Franklin A. Stachowiak, Managing Editor: Shelley T.Convissar United States District Attorney. Photography Editor: Chris Belling Articles Editor: Skip Hunter c. Sole practitioner in private practice Eugene C. Alumni Edilor: Earl S. Carrel Features Editor: Kay Wigtil Career Day Schedule The Career Development and Placement Office, in cooperation with the Buffalo Law Alumni Association, invites all law students to attend a Career Day Program on Friday, March 8, 1974 from 1:00 to 4:00 p.m. in room 112. The Buffalo Law Alumni Association has developed a program in two parts to help inform law students about variouslaw careers and how to seek jobs therein. Part one of the program will feature a number of Buffalo law alumni who will describe the particular kind of legal work done in the course of their day, the amount of specialized versus generalized work, the quality and quantity of work, the necessity of bringing in business, and the advantages and disadvantages of a particular field of legal work. Part two of the program will focus on seeking employment; i.e., what employers look for in a resume, what questions employers might ask at an interview and what questions might be asked of an employer, what part personal appearance plays in an interview, who does the hiring for a law firm, and what is the value of a summer clerkship in seeking permanent employment. UJJHHUII - Tenney. — - d. Small private law firm Samuel L. Green of Serotte, Hoffman, Haley, Green and Harasym. c. Medium-sized private law firm Robert P. Fine, of Williams, Stevens, McCarville & Frizzell PC. f. Large-s/zed law firm Charles E. Milch of Moot, Sprague,Marcy, Landy, Fernbach & Smvthe. Bernard J. Kennedy, g. Corporation Counsel Iroquois Gas. Banking Officer Trust Officer, Huber, h. James A. MarineMidland Bank Western. — - — — Business Manager: |ohn Levi Sports Editor: Skip Hunter, M.C. Staff: Cheryl Pestell, Gary Muldoon, Dave Stever, Terry Centner, Cynthia Lowney, Frank Buffomanle, Dennis Pasiak OPINION is published every third week except for vacations, during the academic year. It is the student newspaperof the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a nonprofit organization. Thiid Class postage entered al Buffalo, New York OPINION is funded by SBA from Student Law Fees. �February 26, 1974 3 LRPC Report on Professional Program The Committee on Long-Range Planning has released the first section of its seven-year plan for the development of the Faculty of Law and Jurisprudence. This first section deals generally with the future of the Professional Program, the basic curriculum designed to prepare students for the practice of law. In addition, there is an extensive discussion of the law school's role in developing or participating in programs of continuing legal education. In the next few weeks the Planning Committee will release other detailedproposals for specific projects within the Professional Program, including development of clinical/simulation courses and a special program in State and Local Government Law. There will also be a major report on the Legal Studies Program, the broad area of interdisciplinary teaching and research outside of the Professional Program. The Planning Committee wishes to emphasize that its proposals are currently in tentative form, and that any suggestions or criticisms by students, faculty, or staff members would be most welcome. Several copies of the available sections of the plan have been placed on reserve in the library. Students who would like to make suggestions should contact one of the student members of the Planning Committee. Due to recent personnel changes, the student members are now Debbie Brodnick, Bari Schulman, and James Gauthier. Importance of the Professional Program The central mission of the Faculty of Law and Jurisprudence is the training of the students in its program of instruction towards the J.D. degree in the exercise of the professional functions and responsibilities of lawyers. American society expects of its lawyers competence in an unusually broad range of functions, (a) The lawyer is perhaps primarily a problem-solver: a provider of both (b) The lawyer routine specialized services and advice is also a specialist in dispute process, skilled in presenting and arguing claims before both official and informal bodies, (c.) A& gpvernment lawyer, private, lawyer, legislator, lobbyist, or judge, the lawyer has an important role as an engineer of social policy, (d) Lawyers are managers of institutions, both public and private they are called upon to design policies for the operation of such institutions or for the regulation of others, and to implement or enforce them, (c) Lawyers are members of a self-regulating profession in a position of public trust, (f) Finally, lawyers are charged with a special mission beyond that of other citizens to be promoters of social justice and A. ... .. . . , . therule of law. Even those who, like the majority of lawyers, specialize in a particular field, must possess a variety of . skills. The more essential of these may be summarized as follows, (a) Craft skills. These include, first, analytic skills Second, interpersonal skills... Third, specialized literary skill. Fourth, what might be called the skills of Proteus or "intellectual imperialism" the ability to master complexes of facts in unfamiliar fields... (b) (c) Familiarity Knowledge of substantive legal doctrine with the legal process... (d) An understanding of the social, economic and political contexts in which law operates.. 1. Innovation in the Standard Curriculum: Prospects and Constraints This Faculty seeks to perform the functions of professional training through a curriculum that is, with minor variations, substantially the same as that of the better Americanlaw schools generally. The curriculum of the principal law schools now conforms with only slight variations from school to school to something like the following model: First Year. The principal emphasis is on training in skills of doctrinal analysis. This continues to be accomplished primarily by means of the study of appellate cases. The courses required are Civil Procedure, Contracts, Torts, Property, and Criminal Law. These fields are thought to lend themselves particularly well to analytical skills training. They are also thought to contain the important core concepts of law, the "building blocks" of a lawyer's substantive knowledge. In recent years the trend has been to reduce the claim of these required courses on the schedule, to import Constitutional Law into the first year, and to provide an opportunity for students to meet in smaller classes. Most schools also use the first year to give students instruction, in relatively small classes, in legal bibliography, research, and writing. Second Year. This might be called the year of the survey courses. As in the first year, large classes dominate. The curriculum consists in part of introductory courses in the technically tough practice fields. Organization of the curriculum is by categories corresponding to practitioner's — specialties and major social institutions (Taxation, Corporations, Family Law, Juvenile Courts)rather than by the textbook categories of the first year. Third Year. Again the "bread-and-butter" subjects dominate: advanced courses in the technically tough practice fields (e.g., Corporate Taxation, Estate and Gift Taxation, Securities Regulation, Land Transactions). The emphasis has very clearly shifted from that of general skills training to preparation for practice specialties. ambitions and methods have legitimacy, and the inclination to give scope for experimentation. Thereason for this may lie in the fact that under analysis, much of this division is over relative emphasis rather than fundamentals, and over the rate of change and procedures for bringing it about rather than over the need for change or its basic directions. — (a) TheDivisive Issue The First Year Early meetings of the Committee were devoted to a general discussion of the strengths and limitations of the present curriculum as a means for training lawyers. Out of these meetings emerged some general lines of division into positions that will here be treated as belonging to two camps. Reduced to essentials, the battleground of the quarrel was the first year program; and the two sides, roughly speaking, split between those who wish to preserve 2. Some Criticisms of the Standard Curriculum Current writers on legal education point to a pervasive uneasiness in the law schools, an atmosphere of uncertainty and conflict over future directions. (a) It is clear that the learning process becomes less efficient after the first year, and even after the first semester. Professor Stevens' studies of students in six law schools show a sharp decline after the first semester in the the first year in its present form and those who believe time and effort students put into law study, a decline that that it ought to be substantially changed. continuesuntil graduation. S i nee the early 19305, when students began (b) Areas of General Agreement regularly to complain of the tedium of the third year, the Aside from this one issue of the first year, the schools have attempted by various means to make the year Committee was able to secure broad accord on the a more challenging and interesting one. Probably more following general propositions: success has been achieved by projects, mostly student-initiated, to enrich and diversify extra-curricular 1. Traditional forms ofclassroom instruction are not activities related to law: law reviews, legislative research always adequate to train students in the full range of and drafting projects, part-time work for local attorneys, necessary lawyers' skills. Attempts must be made to foster research for professors, and so forth. The total numbers of and develop in the professional program opportunities for students involved in such projects, however, probably the training in such skills as interviewing, planning, rarely amount to more than a minority. In recent years, drafting, negotiation and advocacy. To this end this voices are more frequently heard to say that nothing can Faculty is committed to the expansion of its clinical rescue the third year, thatit has little value for the training programs and to the furthergrowth experiment with forms of lawyers, and that \t no longer should be required for of simulation. The Faculty should also encourage teachers admission to thebar. in regular courses to experiment with "problem" (b) The law schools provide a uniform, general approaches to learning with, that is, the organization of education in law; members of the bar perform diverse, courses around problems of the kind and complexity that specialized tasks. The issue for the law schools is: should a lawyer must deal with in practice, and which call upon all of them continue to perform, and to perform in the him or her for proficiency in the techniques and doctrines same ways, the singler function of preparing students for of several different legal fields. initial entry to" the bar, by means of a general education in law? Or should the schools attempt to diversify, some 2. While thus responding to legitimate felt needs for carrying on the old tasks, others converting to centers for more "relevant" and "practical" content to the the education of lawyers in particular specialties or for the curriculum, as an academic institution this Faculty can training of paraprofessionals? allow none of its enterprises to be carried out in a spirit of A related question, more modest but nonetheless narrow vocationalism. Its mission is not to substitute its important, is that of whether the uniform general own training for that which is more efficiently given in education of the schools adequately prepares their practice. There must be careful faculty supervision and graduates for the diversity of practices in which they are evaluation of clinics, internships, and simulation courses to likely to work immediately after graduation. ensure not only adherence to the highest standards of (c) An important and growing body of opinion, practice and of legal ethics, but also to the academic values which might be called "neo-realism", maintains that legal of rigorous inquiry and the seeing wholeof any enterprise research and writing are still excessively dominated by in which one is engaged. 3. The critical importance of the first year in the conceptualism and the study of legal doctrine through education of law students requires that it be given first call appellate cases. (d) A more particularized versionof the charge that on the resources of the professional program: priority not the schools fail to prepare students for the patterns of only in the numbers and quality of faculty members practice in which they will engage is that the model for the assigned to teach in it but in administrative respects such standard curriculum is one of training for practice in large, as scheduling. city law offices. This last becomes in the mouths of some critics a 4. The Faculty needs to undergo a careful rethinking complaint that law training in the schools is insufficiently of its relationship to the legal profession: to consider to graduates ill-equipped that draft what to extent it should provide opportunities to specialize in practical, are complaints, handle real estate closings, file motions, or practice fields in the j.D. program, engage in programs of represent clients in court. These critics often assert that continuing education of the bar, seek to make use of practical training has been sacrificed to excessively practitioners in its instruction, and so forth. It also needs theoretical or policy-oriented perspectives. to study the present and probable future organization of (c) F i nally, there are those who assert that thebar and methods of delivering legal services. education pluralism and innovation have gone too farand 5. The enormous expansion of the functions of that the lopping off of requirements and proliferation of electives has resulted in a random hodge-podge of government in recent decades has swelled the ranks of lawyers who work in government agencies or deal with offerings... Prospects for the Professional Program: A 3. them on behalf of private clients. Insufficientattention has General View been given in the professional program to analytic and descriptive study of what these agencies do, policy study If, as has been suggested, the American law schools of what they ought to do, and preparation of students to are undergoing a crisis of self-doubt, few of the evil effects fill jobs in which these things are done. Since the functions of that crisis have been registered in this Faculty. On the of state and local government are the least well contrary, visitors being interviewed for faculty understood, although the agencies of state and local appointments here have often commented on the rare government are those that our graduates are more likely to atmosphere of buoyancy and hope that they have found. work in or deal with during their careers, there is good In part this can be accounted for by our being housed in a reason for giving the study of these functions special splendid new facility, in part by the extraordinarypromise emphasis in the ).D. program. held out by our ability to undertake rapid expansion of 6. One of the ways in which this Faculty aspires to the faculty. Even more important, this is a Faculty that has formally committed itself to innovation, and has been make a distinctive contribution to American legal able to secure a surprising amount of agreement about the education is that of serving as a center for the study of the general directions in which we should change. Dispute social contexts out of which law develops and in whichit about the rates and kinds of change in the program of operates, and for the application of the results of such professional instruction here exist as they do in other research to the training of lawyers in the professional schools." But though there is dispute, there is also the program. Tobe continued next issue disposition to accommodate, to grant that the other side's * �February 26, 1974 4 Conference for an Active Stud't Bar Assoc. KathrynKing Presidential Candidate —Bufomante, I am running for the office of President because I feel there are a number of things that can be done to benefit the student body within the present S.B.A. structure. Rather than trying to enlarge the scope of S.B.A. power, perhaps to a point of conflict with faculty and student concerns, I feel the effort should be focused on using the pdwer the S.B.A. now has in the most effective manner. I am not going to promise that all the changes 1 advocate will be done, as that would be an illogical lie at best. But I can truthfully say that I do support the following ideas and, if elected, will work to see the S.B.A. act upon them. Beling Don Lohr, Presidential Rosemary Gerasia,2nd VicePres. President: Ist Vice President: 2nd Vice President: Treasurer: Secretary: Laura Zeisel, Ist Vice-President Sara Zurenda, Treasurer DON LOHR LAURA ZEISEL ROSEMARY GERASIA SARAZURENDA PAUL EQUALE 2nd Year Directors Ed Zagajeski Debbie Brodnick Bob Gottfried Pearl Tom Ist Year Directors Bette Gould Steve Kaplan Carl Howard Ruth Siegel BertSlonim JimGauthier FSRB: Carl Howard /. End the entire A, B, C, D, F, Pass/Fail dilemma by instituting a system whereby each student can choose which method he prefers. Many students need an A, B, C, D, F system for job reference purposes, and I want a Pass/Fail grading system for myself. We should both be allowed to choose the way in which our law school record will be evaluated. We recognize the need for more student input into curriculum decisions in- cluding: A. Advance scheduling of courses and the times they will meet. B. Extension of clinical programs. C. Clarification of requirements for jointdegree programs. 5. Faculty-Student Ratio Since the faculty-student ratio is extremely large, we vigorously support the hiring of additional faculty with affirmative action towards minority and women applicants. i6. Grading tee, C. That it will be mandatory for all We believe thatstudents should have an equal voice on all decisions regarding committees to present progress regradingpolicy. ports at each weekly meeting of S.B.A. 7. Communication Participation Student Law School 2. in Due to the evident lack of communiGovernance cation between students and their repSince the Faculty Student Relations resentatives, we-propose: power to recomBoard (FSRB) has the A. Bulletin boards in conspicuous lomend the number of students and nacations such as the second floor ture of their participation on Faculty cafeteria. Committees, we urge FSRB to provide B. Allocations of space for different for equal representation of faculty and in terest groups on the bulletin students on all Faculty Committees. boards. 3. Placement C. The posting of minutes of S.B.A. meetings after each meeting. We recognize that there is a crucial need for a full-time professional place- j 8. Miscellaneous committed to ment office and we are A. Because there are no provisions for the establishment of a dual director illness, a room should be allocated for health service facilities. At a system with the necessary supportive minimum, a quiet place to lie down services. continued page five 4. Curriculum - student representation on faculty com m i 11ees, as we!l as more faculty concern with student affairs. Frankly, I have no sure fire way to do this,but some ideas have got to be tried. Students should graduate knowing at least one faculty member well enough to have a resume written. And students should be consulted before the entire mess of the Q+ controversy arises again in another context. 2. A short term, small amount, student loan system should be instituted by the S.B.A. Students would be allowed to borrow money for emergencies without all the red tape of the present system on the main campus. 6. Why can't beer and wine be sold in the law school? This would undoubtedly be a 3. Something has to be done about the great source of revenue, as well as help ddlay in receiving grades. Unless a teacher relax a sometimes stiff atmosphere. has a special reason, a couple of weeks should be ample time to read the tests and 7. A school newspaper is necessary forlaw grade them. Undergraduate teachers many schoolaccreditation. Our newspaper could times read more tests than law professors, be better than it is. I think a lot more and usually have the grades out much people would be willing to contribute time faster. and effort to Opinion if they were not so tied down with other responsibilities. If the 4. There must be better student control editor and other principal officers were over where the fee we pay goes. I am told allowed a small form of remuneration, that many clubs have not touched their perhaps more people could take time to budget for the year yet. If the money is become part of the staff. Many other not necessary, it should be allocated to schools allow their newspaper staff to other areas, as the students see fit. If most receive salaries, and it is a bit unrealistic to students want more social activities, then ask law students to hold down a part time job, keep up with classes, have any kind of that's what the money shouldgo for. 5. Better student-faculty rapport has got Ist Year SBA continuedpage to six Margaret Wong OUTLINE OF POLICIES & PROGRAMS 1. Reorganization of S.B.A. Since S.B.A. has failed to adequately represent the student interests in law school affairs and has failed to account to the student body for its positions in areas vital to student concern, we propose the following: A. De-centralization of S.B.A. presidential power. Redistribution of policy making powers into S.B.A. committees. B. Each S.B.A. voting member shallsit on at least one standing committee and/or Faculty-Student Commit- Kathryn King be established. There has got to be better I do not wish to get into excesses of rhetoric, as that is all too common nowadays. A good student representative is simply a person who is willing to push for reasonable changes that would improve the lot of the students. This willingness is the all-important element. I believe that I have the necessary concern for my fellow students and would not just sit on the I am a Chinese girl from Hong Kong. I attended Ottumwa Heights College in lowa 1969, and then transferred as a pre-med in student to Western Illinois University in 1971. I went home and then travelled a while in the Far East before I started school here. I was elected a freshmen SBA director in October, and I have served on the Budget Committee. fence. 2nd Year SBA Jim Gauthier Since my first semester of law school, I have been concerned about the lack of correspondence between what is taught in these three years and what is contained on the bar examination. No doubt the elimination of most required courses after the first year is welcomed by most of us. However, the fact remains that the New York bar exam covers over two dozen areas of substantive law (as compared to eight in California). This incongruity is only pointed out by the fact that after six semesters of professional education, a two month crash course is needed to pass the bar exam. Ascertaining the reasons for these somewhat divergent positions is not an easy task. While I am uncertain how useful one individual can be in questioning the rationality of such a system, I am positive that an individualrepresenting law students w ill have more impact than one law student acting alone. An additional area of concern that I have is the development of a curriculum that has some chance of arousing interest and incentive and produces less boredom than the present one. The present clinical programs are aimed in that direction, yet something more is needed. I would like to take part in the development of this unknown area. The potential leverage of the SBA would'Be well suited for this activity. If these ends are to be accomplished, the best vehicle is an active SBA. I would like to be a part of that new SBA activism. �February 26,1974 5 C.A.S.B.A. Slate Ist V.P. Candidate Ray Bowie n should be provided for use of all neeting, and posted throughout the members of the law school com- s chool. The Executive Board as a whole s a hould meet once weekly to plan the agenmunity. B. Improvement of eating facilities; d Ja for the week's meeting. The proposed more vending machines and better tgenda should be posted at least twentyseating arrangements. f bur hours in advance of the meeting time. C. As safety measures, better lighting S.B.A. Committees The Standing in thebasement and parking lot. (■ Committees on Appointments, Athletic, OrientaGraduation, 3udget, Elections, i Tomorrowstudents will be going to the polls to determine not only the fate of SBA, but also the future of our relationships with other law schools and professional associations, this latter being the trust given to whomever will be elected Ist VicePresident. As a candidate for that office, I have stressed the importance and uniqueness of the Ist vice-presidency, endeavoring to construct .my campaign on the dual pillars of qualifications and platform. - POLICIES AND PROGRAMS PROPOSED t ;ion, and Social Activities should be mainReorganization of the Student Bar t lined. The standing committee on CurriAssociation c ;ulum should be disbanded, since it is dupIn recent years, the StudentBar Associ- I icative of the faculty-student A.P.P.C. A ation has been, at best, an inefficient voice lew standing committee on Facilities of student concerns in law school gov- s should be created. The Facilities commiternance. Rather than being an initiator of t tee should concern itself with problems constructive dialogue with faculty and ad- i arising out of the move to the Amherst ministration on areas of mutual concern, c :ampus, such as parking, shuttle service, S.B.A. has followed an apparent policy of i and lounge space. The Facilities committee responding to issues only once they have s ihould also undertake a study of the feasireached crisis proportions. The current I bility of setting up a day care center at the grade change uproar is a case in point. / Amherst campus. A new ad hoc committee S.B.A. has been a victim of all the ills 1 to update the S.B.A. Constitution and which plague an organization which allows I By-Laws should also be appointed. Curits power to be concentrated in one person i rently, the constitution has many holes in in this case, the S.B.A. President. In gen- i it and the By-Laws are-unavailable in writeral, S.B.A. has suffered from a lack ofac- I ten form. countability to the student body. For most All S.B.A. Committees should be comstudents, S.B.A. is merely some group | posed of at least three (3) voting S.B.A. which meets Friday afternoons. I members, one from each year. The PresiWe believe that students have an impor- dent should not sit on all committees. The tant role to play in law school governance, committees should make weekly reports to and we believe that an active Student Bar I the body as a whole, and these reports Association has a legitimate function to i should be summarized in the S.B.A. minserve in helping to fulfill that role. With the utes. Recommendations on policy matters correct orientation, S.B.A. could be a com- should be made to the body by the compelling advocate for student opinions. To mittees, not by the President, as is currentthis end, we propose a total reorganization ly done. Faculty-Student Committees The laof the structure of S.B.A. The S.B.A. President ~ Traditionally, test edition of the By-Laws of the Faculty The S.B.A. President controls most of the ofLaw and Jurisprudence provide that the power which the S.B.A. exercises. This six-member Faculty-Student Relations should not be the case. We propose that Board (FSRB) composed of three faculty the S.B.A. President have limited powers. members and three students, shall recomHe or she should represent S.B.A. in its mend the extent and nature of student dealings with other groups, chair S.B.A. membership on faculty committees, submeetings, and oversee the workings of the ject to the approval of both faculty and organization in a general manner. However, students. We propose that the FSRB strive the S.B.A. President should not have sole for equal student representation on all facdiscretion to make policy decisions affect- ulty committees, with the exception of the ing the organization or the student body as Committee on Grievances, a body which a whole. Decision making power must be deals with intra-faculty disputes. Appointde-centralized. The S.B.A. as a body should ments to faculty-student committees are vote on policy after careful consideration made by the S.B.A. We propose that at of recommendations made by standing or least one student on each faculty-student ad hoc committees. If an emergency situ- committee be a voting member of 5.8.A., ation arises which calls for immediate and that each week a report be made to S.B.A. response, the President should call S.B.A. by all faculty-student committees. an emergency meeting, or, at the very least, In addition, we propose that at least one of the three students appointed by S.B.A. to convene the S.B.A. Executive Board. sit at faculty meetings be a voting S.B.A. Officers S.B.A. Officers The S.B.A. member, and that such person also be reshould do more than merely occupy slots quired to make weekly reports to S.B.A. on the Executive Board. The First Vice- on items of student interest which have President, in. addition to taking over the come up at the preceding week's faculty President's duties when necessary, should meetings. All the above weekly reports maintain active involvement with the Law should be summarized and included in the Student Division of the American Bar As- minutes of the S.B.A. meeting for the sociation, in an effort to improve commu- week. These weekly reports should help to nication between SUNY-Buffalo and other insure that the Student Bar Association is law schools across the nation. The First directly, immediately, and fully appraised Vice-President should seek out Law Stu- on all issues of concern to the student dent Division Funding for student organi- body. They should also help insure S.B.A. zation projects, and should encourage and accountability. If necessary, S.B.A. meetassist student organizations in getting such ing time should be extended to two hours funding. The Second Vice-Presidentshould weekly, instead of one hour. All law sturepresent thelaw school on intra-university dents, whether or not voting members of committees, such as Sub Board I and the 5.8.A., should be urged and encouraged to All-University Assembly. Law student repattend weekly S.B.A. meetings. resentation on these bodies will become important and as other divimore more Placement sions of the University move out to the We recognize that among the absolute Amherst campus. The Treasurer should be for a first-rate law school is the chairperson of the Budget Committee, for essentials purposes of alfocation of funds, and should existence of a full-time professional placebe responsible for drawing up a new set of ment facility. If S.U.N.Y. at Buffalo law criteria on fee waivers. He or she should see school is to realize its potential as cited by to it that funds allocated to student organi- the inspection team of the American Bar zations are distributed as efficiently as pos- Association and Association of American sible, and that organizations are kept up- Law Schools as being on the verge of greatto-date on their remaining allotments. The ness, then it is clearly in the best interests Secretary should be responsible for taking of all members of this law school to be accurate, complete minutes of all S.B.A. relentless in the effort to acquire such meetings and for making certain that co- placement facilities. Basically, this transpies of the minutes are duplicated and lates into the establishment of a dual direcready for distribution by the following continued page six r Qualifications: In the belief that the office is one which indeed demands special qualifications I have made an effort to inform voters as to my own experience in the area and my record as an SBA delegate (si ingers and postings), which I feel demonstrate the breadth and depth required of the Ist Vice President. As platform is at least as important as qualifications, I would refer the voter to the previous statement I circulated on personal qualifications, so that this opportunity can be utilized for a full presentation of platform items. Ray Bowie As an SBA delegate to the ABA Law Student Division circuit conference this fall, as a volunteer liaison to the Erie County Bar Association, and as a recipient of regular LSD communications regarding their entire range of activities, I believe I have acquired an "inside knowledge" of the liaison function, the type of knowledge the Ist Vice President must have if our Platform: SBA is to have input into professional Unlike the opposition which campaigns activities. on everything in general and nothing in particular with regard to the functions of A. Representativeness & SBA Consultation: With respect to this liaison function, the Ist Vice President, I will limit myself to the constitutional functions of the Ist however, it is not enough that a Ist Vice, vice-presidency and related issues. President have personal knowledge of the Briefly, the Ist Vice President is the m achinery involved, but also that he SBA officer responsible for 1)representing represent the desires of the student body SBA in national, state, and local bar through that machinery. To avoid the associations and their student affiliates misrepresentation which has often plagued (ABA-LSD), 2) coordinating their other schools when their LSD liaisons programs and activities at this law School, attend meetings without prior 3) chairing the SBA Appointments consultation, I consider it to be the Ist Committee, which recommends student Vice President's responsibility to study representatives for faculty committees, and current issues and LSD agenda items, to 4) being qualified to assume the duties of draft position statements on themand seek SBA approval, and only then to proceed to SBA President in the latter's absence. conferences with the strength of "home" As the most important Jst VP support. /. function is that of liaison with the various B. Leadership Initiatives: professional and law student associations, By formulating such position it is there that a candidate must have the continuedpage six best qualifications and strongest platform. 2nd V.P. Candidate Mark Linneman It is the candidate that counts, not the slate, for a position as an executive officer of the SBA. This is especially true of the office of 2nd vice-president. The 2nd vice-president is basically the liaison between law students and the other students in the University, sitting in the University Assembly and on Sub-Board. This position will steadily increase in importance as more non-law students inhabit the North Campus. This is especially true of Sub-Board. That body has control over how a largeproportion of student funds is spent, including such programs as concerts, movies and many symposiums. Even though most of the funding of Sub-Board comes from other student governments (SBA contributes $800), it may be possible for some activities to be transferred to O'Brian. That not unconsiderable amount of money certainly entitles us to some services. I would be very happy to hear any expressions of interest in this regard. The University Assembly is a new body composed of Students, Staff and Faculty. It serves as an advisory body to the President of the Univer,sity,:Since it is not scheduled to have its first meeting until after the SBA elections, there is some doubt as to its efficacy and influence. This body will probably be used for the continued frompage four - < < - - Mark Linneman expression of opinions of the various groups in the University. I feel qualified to serve in this position because of long association with the. University as a whole (both as an undergraduate and as a law student) and some specific experiences I have had with Sub-Board in the past. In arranging symposiums, etc., it is easy to become aware of insensitivity and lack of services to various segments among the university continued on pagesix �February 26, 1974 6 Ray Bowie Kathryn King continued from page four social life, and work on the statements and insuring their with procedures for anyone interested. As representativeness, I would hope to achieve a class representative, t have endeavored to an active rather than merely passive role assist as many constituents as approached some of the projects I've mentioned and see me about them. If anyone wants to talk about these or any other S.B.A. concerns, I will be available in the S.B.A. office Whether or not I'm elected, I intend to between 1:00 and 2:00 on the days of the work for the objectives I have outlined. election. Thank you for taking the time to Whether or not I am elected, I hope read this, and I hope everyone will try and interested students will want to work on vote. newspaper in their spare time for free. C.A.S.B.A. Slate for UB in the deliberations of the associations on which we are represented. The LSD, for instance, is usually dominated by thoseschoolswhich come to conferences well prepared with research and proposals, and certainly UB should be taking initiatives in this regard. It is time for UB to participate in a leadership, not merely membership, capacity in the profession to which we aspire. continued from page five //. Closely connected with the liaison function is the Ist Vice President's responsibility for coordinting bar and LSD programs operating on the local school level, such as membership benefits, project grants, speakers andLaw Day activities. courses are to be offered so thai students will be able to plan their course of study more than a semester at a time. Classes should also be scheduled at times which are sufficiently varied to allow people with other commitments, such as jobs and children, to plan a complete schedule. We feel that the school should offer a wide range of clinical courses covering criminal and civil aspects of the law and work with various agencies in the Buffalo area. As this school attracts many students on the basis of its openness to jointdegree programs, we feel that procedures for setting up such programs should be made easier and more well known to the student tor system which provides for an "outside" when particular engaged primarily in public relations vis-a-vis firms, corporations, government, alumni, etc., and an "inside" person charged with career planning. In light of the drastic lack of adequate placement assistance in the past as well as the clientele which the State University serves, we are committed to utilizing the S.B.A. to its fullest extent to achieve this kind of placement operation at the law school as speedily as practicable. person A. SBA Organizations & Interest Groups: One* means of coordination would be through SBA ad hoc committees of Curriculum We support development .of a curriculum at the Law School that, while introducing new and innovative classes at all levels (for first through third year students), provides a well planned schedule of body. Perform your Civic Responsibility : ... students interested in each of these areas, an idea I would sponsor, while another involves working directly through our SBA organizations seeking to assist them in obtaining grants and speakers from the LSD. Certainly, our organizations represent a diversity of interests which could, through proper professional and LSD channels, increase extracurricular educational opportunities for the student body, better participate in nationwide forums, and establish the contacts in each fieldof law that a quality school needs. ■* In as much as the Ist Vice President tin-1 serve as an advocate for interest gVoups, I would seek to involve SBA organizations in a concerted effort to "plug into" LSD programs, the benefits from which might enable such student groups to transcend the limitations of their SBA TjiSdgets. Read the Candidates9 Statements . Then vote on the merits. For President: Don Lohr Laura Zeisel Ray Bowie Secretary: Paul Equale Grading Referendum: Q+ Grade Yes or No Grading Options: 2, 3, 4 or S Tiers - I within the Ist Vice President's influence are concerned. This year, the Ist Vice Presidenthas ///. been given the added function of chairing the SBA Appointments Committee, which interviews applicants for student representative to faculty committees and makes recommendations thereupon. It has been a concern of mine as an SBA delegate that student representation on faculty committees both 1) reflect a wide cross-section of the student body and 2) be accountable to those they represent. With regard to the first, a faircross-section requires that students with special academic, social, and career goals have effective input into school governance where it affects their interests, and I would assume a specific obligation to insure that such interest groups are well represented on the bodies concerned with their interests. IV. Lastly, the Ist Vice President must be prepared to assume the President's duties in the event of the tatter's absence. As I am not campaigning for President, I cannot dwell at length upon issuesrelated to that office other than to say that, in the contingency that the Ist Vice President should be called to act as President, I believe I have the qualifications and experience in SBA and school governance to adequately fulfill what is expected ofan SBA President. I have endeavored Mark Linneman population. Over the past year and a half, .it has become obvious that law-students are those sodeprived. In regard to the University Assembly, I will consult with the students to discover their opinions and express them to the body. Since I know many members of the Assembly, I should be more effective than a relative newcomer. among In such a position, it is my opinion that anyone with an over-riding ideological imperative could not do as effective a job. Such a person would be motivated by considerations other than those the law-students themselves regard as important. In short, I ask that you consider my qualifications for this position. Please vote for the individual you think would do the better job, not merely a name on a slate. Buffalo Attorney Ange Opens 1st Placement Forum A brown bag lucheon with peal to that particular firm's clienB v t faI o attorney Grace Marie tele. She afso said firms like peoAnge held on Feb. 13th was the ple who are 'streetwise," alfirst of a series of events spon- though she felt lack of clerking sored by the new Placement Off- experience poses no seriousdisadice imed at providing the student vantage to the applicant. body with a more realistic view of employment as an attorney. In response to questions about The luncheon was attended by entering specialized fields of law, only a dozen students, who asked Ms. Ange emphasized that time questions mostly about job pros- and hard work are required to pects and methods of obtaining achieve such a goal. Further activities sponsored by employment. In answering these questions, Ms. Ange noted the im- the Placement Office include a portance of appearance and per- Career Day on March Bth which sonality, since employers will be\ will be followed by a session on concerned with the applicant's ap-' (how to best prepare a resume. ' -Beling ' to a platform based upon qualifications and real issues, something coh struct which has involved a lot of timeand effort, but something which I feel students deserve from those seeking their vote. Throughout, I have asked only that people competitions, study opportunities, etc., I compare the platforms and qualifications believe that the Ist Vice President must of candidates, and vote accordingly after make special use of Opinion to publicize fair consideration. If that is done, I think such benefits to all interested parties, we all would regard the election's outcome folIowed with individualized assistance with satisfaction. continued from page five Treasurer: Sara Zurenda me with individual difficulties, and even though the role of the 1 st Vice President is would not want to slightly different, abandon that approach where matters To conclude, B. Individual Benefits: With regard to benefits offered individuals through these professional and LSD liaisons, benefits which include insurance, publications, essay For 1st Vice-President: Kathryn King For 2nd Vice-President: Mark Linneman Rosemary Gerasia .. continuedfrom page five �February 26, 1974 Opinion 7 Analysis Turn of the Screw Grading: Debate Continues by lan DeWaal by Allan D. Mantel Since the spring of 1968, UB Law School has been grappling with the difficulties of establishing an equitable grading policy that accomplishes the essential task of determining the gradation of legal academic work, while minimizing the detrimental effects of intense academic competition. Within the preceding six years concerned parties, representing all factions of the legal community, have expended tremendous amounts of time, effort, and energy in their attempt \o accomplish the aforestated goal. Their many notabfe contributions are recognized and appreciated as testaments of sincere concern in making this law school an institution of superior legal education. Unfortunately, however, the grading policy has not been finalized, nor has the debate come to an end. The purpose of this article is to discuss the proposed amendments that are presented on tomorrow's referendum and to reflect upon their potential implications. It is hoped that in doing so, the information presented herein can help the student body, faculty, and administration reach a meaningful and final determination of the issue at hand. Before presenting the text of this article, I'd like to offer a word of thanks to those who assisted me in obtaining the information necessary for this presentation. Theirassistance was greatlyappreciated. The present grading controversy is an outgrowth of prior policy developments, and probably is the culmination of a standing debate which has tried to focus UB Law School's generalgrading philosophy. The framers of the various proposals have labored to mollify .the conflicting educational outlooks and arrive at a solution amenable to all. In so doing, the dynamics of consensus politics expectedly created common ground within the center of the grading spectrum. Thus, the developments of the past few years have, for all intents and purposes, eliminated the extreme positions as viable alternatives. Numerical grading and ranking as well as pure pass-fail are both dead horses. Therefore the recent grading discussion has largely been confined to an evaluation of the modifications of a four and/or five tier grading system. Somewhere within this range, it is said, that a grading scale can be found to satisfy the most distraughtamongst us. At this point it might be helpful to ask, What goals are hoped to be served by any system of grading? The Grading Committee's Report (December, 1969, Chaired by Professor J. Atleson) gives a well perceived evajuatipn of .ÜB's "purpose" for choosing the so called descriptive (or impressionistic) system now in use. Quite obviously, grades serve an essential function within an education framework, in that they provide feedback ,for studentsand faculty alike. Each groups uses grades as a method by which success and/or failure of respective study/teaching techniques are measured. Furthermore, grades are used by the legal profession to help make determinations regarding initial job placement. However, the limitations of grades as a tool are equally obvious. First, grading is necessarily a subjective determination of the grader, which results in varying standards from course to course. Second, grades are usually an inaccurateindication of possessed and/or articulated knowledge. Therefore, in recognition of these limitations, the Grading Committee Report stated that "the aim of (its) proposals is to minimize the effect of gradingby restricting the process primarily to the determinations the faculty must make... i.e., the determination of satisfactory or unsatisfactory work" (pg. 3). On the basis of the Committee's analysis and conclusions, ÜBLS adopted a modified pass-fail system which categorized grades as: 1) Unsatisfactory: performance falling below minimal levels of acceptability,roughly equivalent to 68 or below. 2) Qualified: satisfactory performance, but not outstanding. 3) Honors: superior work, roughly equivalent to 78 or better. Under this proposal, since unsatisfactory grades still received credit toward completion of the J.D. degree (eligibility determined by the number of U grades received; six U's resulted in automatic disqualification), the Court of Appeals, during the 1971-1972 academic year, rejected the plan as submitted, and required that the lowest grade receive no credit toward obtaining the J.D. degree. Consequently, the faculty, in a wise decision, split the U grade into: D: Unsatisfactory, work acceptable for academic credit but below the performance expected of J.D. candidates; and F: Unacceptable, not worthy of academic credit. The rationale for this distinction was based upon the belief that even the most qualified student was capable of "blanking out" (failing to identify the given issues, but displaying general understanding of the course's materials) under any single exam situation, it was fe|t that academic credit should not be denied in the event of this foreseeable contingency. With administrative clarification of the HD/H category, and clear definition of the D/F distinction (both of which are amply laid out in a memorandum by Associate Provost Greiner, December 11, 1973) thisfour tier plan is the grading system whichhas been in use. At the December 5, 1973 faculty meeting, the present modification, instituting a Q+ grade: qualified work which is better than the normal range of performance expected of J.D. candidates, of those was adopted. This change was the embodied expression faculty members and students who felt that the general Q grade discriminated against the above average student, and was thus unfair. The implementation of the change was stayed last semester, but is in effect for the present semester, barring further action by the faculty^ ot This then is the present state of affairs, and the subject any members of this law tomorrow's referendum. So as not to mislead any poll binding on are not school community, the results of this faculty deliberation, butrather viewed as an aid to be used in making a final determination. The question asked on tomorrow's referendum is in effect a philosophical one, which each member of the student body should honestly answer for himself. Viewed from thiswriter's perspective, the question raised simply asks: Will the beneficial effects of grading be enhanced by the addition of a Q+ grade? How one answers this question fundamentally depends upon one's educational philosophy. Most of us, having beenreared on a grade incentive educational system since elementary school, automatically associate the learning process with the attainment of "good" grades. Professional students, as we all are, however, have come to realize that too often grades become an end in themselves, while learning is often relegated to a lesser level on the hierarchy of student priorities. By this point of our academic career, the singlemost important goal should be the attainment of the requisite professional competency to practice law. If one honestly believes that a natural correlation exists between professional competency and the incentive-reward process of distinctive grading, then by all means, the proposed grade modification should be voted for. If however, one accepts gradingmerely as a minimal element of the educational process, and accepts the Grading Committee's analysis that grading should be restricted to the "determination of satisfactory" or unsatisfactory work," then, obviously, there is no need for an additional grading tier. Essentially we are being asked whether we support traditional concepts of measuring the quantum of knowledge attained, or whether this law school has enough confidence in its people and policies to cut against the grain and beat new paths. Associate Provost Greiner, in his memo on Grading Policy (dated Nov. 28, 1973), essentially presented the issue to the faculty when, commenting on the history of the Atleson proposals, he stated: "The questions it (Atleson Grading Report) did not answer were left to the future, especially whether we should rriQven toward the 'radical end' of the spectrum ... or retreat towards 'the 'conservative end' and put in some additional categories." Clearly, the futurehas arrived. Adding the Q+ category, in effect establishes a five tier grading system which conforms, with noted modifications, to the traditional A-F scheme, a five tier grading system essential to the efficient operation and -mjlnifest goals of this law school? Can it honestly be said that the impfementation of a Q+ grade will enhance the learning process without imposing the undue burden of additional academic competition? Are law students truly motivated by the Pavlovian incentive-reward process? These are some of the questions to be asked and answered before casting your determination. Proponents of the change urge that the additional grade will aid the job placement process. All agree that jobs are tight in a marketplace presently glutted with attorneys. Yet, will another grading tier aid the placement process, or offer employers an easy, perhaps inaccurate, and mechanical standard from which they choose prospective associates? Do transcripts effectively inform those employers who the "better" lawyers will be? The argument could be made that the present grading system provides a workable foundation from which employers should start their investigation. Under no circumstances should grades, in themselves, translate directly into employment, especially in a profession where "success" or "failure" are the consequence of so many variables. Thus the issue has been presented before us, and will be determined, in part, by us. The outcome, of course, is of great importance, but of even greater significance is your participation in the discussion and determination of this issue. Whatever your personal position may be, MAKE SURE IT IS VOICED. Let it not be said that one side won by default. fur^er TuitiO^- Who can afford tuition ... The Financial Aid Committee yf the University has concluded its deliberations on the standards to be used for awarding financial aid for next year. Since there are iome differences from last year's methods, it may be worth your while to read on. The Committee looked at budgets and income separately so I will deal with budgets first. Independent andresident students will now be judged against the same budget which will total approximately $4,100 including tuition. A married student will be allowed to add $1,350 for a spouse and $500 for each child to this base figure. Dependent students living with their parents will have a budget of $3,200. These are the figures against which your application will be judged. You may be allowed a higher budget figure if you display some extraordinary expenses such as medicalbills. As far as expected contributions,all students will be expected to provide a minimum amount toward their expenses. Last year the figure for law students was $750. Not only has this figure been lowered, but different amounts will now be expected of men and women. Men will be expected to come up with $600 while women will only have to provide $500. If there are any complaints about this double standard, please address them to the Committee in care of myself, room 303 O'Brian. Married students will be expected to make additional contributions. If a student's spouse is not going to school, an additional $1,350 will be expected in addition to the $600 or $500 amounts for the applicant. If the spouse is in school, the additional amount will be only $600 or $500. In addition, the married student will be expected to provide an additional $500 for each child. The justification for these changes was to remove the University from its position of subsidizing marriage especially when funds are expected to be less thanlast year. Once a student's needs are determi ned (resources subtracted from budget), that will not necessarily be the amount awarded. The percentage of need provided will be dependent on the "need" of the total student body and the amount of funds available to the University. As of now there are three different bills pending in Albany designed to reform the financial aid picture in the State. One of the proposed bills does contain a clause eliminating the SUS for graduate and professional students. However, according to the Financial Aid office, their contacts in Albany have no idea which bill or combination of the three will emerge in the end. The. best that can be done at the moment is to write to your State Assemblyman or Senator and express your concerns. TYPING: Experienced typist prepare your resumes, -Belling I Need Books will assign- ments, etc. Quick service, reasonable rates. Pick up, delivery to O'Brian Hall. Call Cheryl, 836-8108. �February 26, 1974 Opinion 8 Alumni Line Mid-Year Graduates Receive Degrees, Honors by Earl S. Carrel Doing a regular column is not really a chore, but with an expanded publishing schedule this semester and very little help from the members of the Alumni Association, Alumni Line will get progressively shorterunless I revert back to a tendency to trample on a few toes. In April, 1973I looked at my three years in law school with mixed feelings, criticizing what I perceived to be severe flaws in my education, both academically and functionally. Now that I am a graduate of law school and out in the wonderful world of trying to earn a living by toiling for the United States of America, specifically the Veterans Administration, I have more thoughts on the State University of New York at Buffalo School of Law. I've never been one to keep my mouth shut when I had a chance to open it, so why stop Schwartz, Mix, GreinerAward Degrees to 38 graduates. Matthew J. Jasen,senior associ- ate judge of the New York State Other Speakers Other speakers included M. Dolores Denman, Buffalo City Court judgeand M. RobertKoren, president of the Erie County Bar Association. Graduates receiving special recognition for membership on the Buffalo Law Review were: Terry DiFilippo, Linda J. Mead, George B. Quinlan and Barry Taub. Court of Appeals, speaking during the school's special mid-year commencement at the Amherst Campus, urged the graduates to take time from reading legal briefs, look upon the world they serve "and ask yourselves if you are doing your part in making the society a better place for all." The unusual mid-year ceremoGraduates receiving certificates ny was held because a larger than normal number of persons com- of recognition as members of pleted graduation requirements Moot Court, a practice court early. This was partially due to a room, were: Cyrus Kloner, Peter summer school program estab- M. Jensen and Thomas F. Quinn. lished at the school in 1971, explained Dr. Richard D. Schwartz, Trial Lawyer Graduates winning Trial Lawprovost of the law school. -Belling now? It is very gratifying to see that the problems of Placement and Career Development and Alumni Affairs are being handled by a competent, full-time staff member. It is also nice to be ensconced in a new building named after a distinguished alumnus of the school. But here is where the plaudits end. Continuing Legal Education is still a mystery to the U/B Law School. Some signs of life are showing, but not many. Is the Law Schoolafraid of stepping on the toes of the Erie County Bar Association? Or on the toes of the New York State Bar Association?Or on the toes of the Practising Law Institute? Or are the members of the school administration and the ajumni too unsure of how to proceed? Or too afraid of failure? Or too dense to realize that the facilities of the Law School and the faculty are the best resources in Western New York for a comprehensive program of Continuing Legal Education? This situation is crying for a remedy and it is up to the Law School to provide that remedy. I also made a number of negative comments about the grading system. Chief among them was that the policy on grading had changed three times in three years. In the last issue of the Opinion a front-page story told of not just one, but two grading changes this year. The only words that are printable to describe the grading mess are absurd and ridiculous. In a memorandum to faculty and students dated January 21, 1974, Prof. William R. Greiner offered to answer any questions on the subject. I now publicly challenge Prof. Greiner to explain the difference between the present system of H, Q+, Q, D, F and a realistic system of A, B, C, D, F. Program Awards were: George R. Blair Jr., Michael G. O'Rourke, John W. Park, Hugh B. Scott and Vincent A. Tobia. Other graduates were: Robert E. Brown, Richard E. Clark, Lionel D. Davis, William B. Day, Jerome E. Dyer, William B. Draybk, Alvarez Ferrouillet, Richard S. Gorecki, Leslie M. Greenbaum, James C. Hodge, Lawrence Ktrwin, Carol L. McGowan, Pedro Morales and Daniel Nobel. Also: Robert E. Pearman, William Reich, Kurt T. Sajda, Bennie N. Shaw, Ira Sherman, Richard ). Sherwood, Kathleen M. Spann, Last time I mentioned the dedication of O'Brian Hall. Of course, James W. Sullivan, WesleyL.Tay- if you read the last column, you should have read the front page story lor, Clarence D. Turner Jr., Nicho- giving the detailsof the dedication. In case you missed it, dedication las L. Vastola and Roy T. Walker. ceremonies will be April Bth -uid 10th. On Monday, April Bth; theLaw School building will be dedicated in an evening ceremony to be held in the Alden Moot Court Room. On Wednesday, April 10th, Hon. Earl Warren, retired chief judge of the United States Supreme Court will deliver the John Lord O'Brian dedicatory lecture. yer NLG Plans Active Spring The 12th Annual SUNYAB Law Alumni Dinner and awards After a semester of semi-hibernation, the local chapter of the National Lawyers' Guild announced its plans for a variety of activities both within the Law Schooland in the larger communi- ty. Attica Defense, a national Guild project, is still a matter of major concern to local chapter members. Other needs including Landlord/Tenant work, Welfare increasingly sensitive toother radical legal problems throughout western New York. At the same time, the Guild hopes to make its presence in the Law School considerably more obvious this semester, by means of speakers, films, distribution of literature, curriculum in-puts, both on and off-campus. One major goal is to expose law students to more of the political dimensions that underlie the smooth judicial surfaces that are primary objects of formal legal Rights, and a Women's Prison Project must also be met, however; and the Buffalo Chapter at its first regular meeting of the year, Feb. study. To insure continuity in the 6, re-affirmed its commitments to ongoing work projects in these struggle to achieve these ends the areas, as well as its desire to be local chapter voted to increase its Ex-Con to Address DVF Thursday Sharon Krebs, an ex-convict, will address the SBA Distinguished Visitors Forum Thursday, February 28, on the topic "Women in Prison: A Personal Perspective." Ms. Krebs served 18 months at Bedford Hills Correctional Facility, the only women's prison in New York State, and is currently on parole. She teaches courses on women in prison at the New School for Social Research and the New York Women's School, and formerly taught at the New York Free School. Ms. Krebs holds an M.A. in Russian Literature from the University of to coincide with a conference on Women in Prison planned for Saturday, March 2nd, from 9:30 A.M. to 4 P.M. at the Women's Resource Center of the Buffalo YWCA, 190 Franklin Street. The conference will include a slide show and panel discussion about the problems of women prisoners {10 A.M. to noon), and workshops and discussion groups about how women on the outside can assist women on the mside (1:30-4 P.M.). The conference is being sponsored by the Buffalo Women's Prison Project, the Association for Women Law Students, and the Buffalo Chapter of the Michigan. National Lawyers Guild. The pubThe visit of Ms. Krebs is timed lic is invited to attend. participation in the national Guild organization, and elected a Steering Committee to concentrate some of the collective responsibility for organization and communi- cation. I n terested students, lawyers, and legal workers are encouraged to watch the bulletin boards for notice of the bi-weekly meetings, and to check out the Guild office presentation will be held Friday, March 15, in the Buffalo Athletic Club. Buffalo City Court Judge Rudolph U. Johnson is chairman. Tickets are available from Harold D. Brand, Jr. (852-2850) and Franklin A. Stachowiak (852-6424). The Law Alumni will sponsor Career Day, Friday, March 8. Robert P. Fine will moderate the program which will feature presentations by attorneys involved in various types of practice, including judicial clerkships, small firms, large firms, government and business. Any alumni who wish to comment upon or contribute to Alumni Line are encouraged to do so. Theaddress is: Alumni Line c/o The Opinion State Univ. of N.Y. at Buffalo O'Brian Hall The Young Lawyers Section of Buffalo, New York 14260 the N.Y. State Bar Association is offering the following practical Hon. John O. Henderson, '33, Chief Judge of the United States skills seminars: District Court for the Western District of New York, died February 19, 1) Real Estate Practice... 1974. Judge Henderson was Clerk of the Erie county Surrogate's Court Tuesday, March 12 from 1947 to 1949, President of the Erie County Bar Association, 2) Preparation for Trial 1949 to 1950, and a member of the firm of Cohen, Fleischmann, Tuesday, March 19 Augspurger, Henderson & Campbell, forerunner of the firm of Jaekle, 3) Intro to Estates & Wills... Fleischmann and Mugel. He left private practice in 1953 whenhe was Tuesday, April 2 named United States Attorney for the Western District of New York 4) Money Judgments & Bank- by President Eisenhower. In 1959, Eisenhower named him to the Tuesday, April 9 ruptcy Federal Court where he served until his death. Each session will be held from 4:00 to 6:dO P.M. at the Statler Carlton F. Messinger, '37, died February 4, 1974 after being Hilton (Registration at 3:45 struck by a car in Tonawanda. P.M.). Cost for law students will be $5 per session or $15 for all 4 sessions. The cost includes printed materials to be distributed at each Volume 23, Issue 1 is now available. Any student interested in session. Since theseseminars emphasize purchasing a copy may Contact Skip Conovcr, Business Editor of the the basics in each field, it is antici- Review. In connection with the plans tnnulntd In the last Opinion, pated that a good number of law students may attend. Therefore, dealing with the SprinK ceremonies cummtmorallng John Lord Chris Greene has requested that O'Brian Hall, the Review Is plo.iwj lo announce lhal a special issue on registration forms be sent to the John Lord O'Brian will Ire published ihiirtly .iflcr Ihc April 8-10 Law School and he will be distrib- activities. uting them as soon as they arrive. on the first floor of O'Brian Hall. Seminars . . Law Review Available � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-02-26 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2a7bc3adbfa438156f6cfefc673a4292.pdf 94c24827aeb86709bc74fe5ac209d588 PDF Text Text Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Opinion Volume 14, Number 7 State University of New York at Buffalo School of Law Ketter Reorders In a decision announced over Law School intersession, University President Robert L. Ketter effected a major administrative reorganization which places the Faculty of Law and Jurisprudence under the office of the Graduate Dean, Dr. McAllisterHull. The administrative reorganization has led to the formation of an Academic Cabinet, composed of vice-presidents and what are designated "University deans," which will hereafter advise Ketter on a broad range of areas, including academic programs, interdis- ciplinary cooperation, budgeting, and faculty personnel decisions. The increased responsibilities given the University deans, such as Dr. Hull over the Law School, were needed, according to Ketter, because of the President's feeling that the former system relying heavily on the seven provosts did not afford sufficient coordination and wide perspective. The one reorganization particularly affecting the Law School is Ketter's decision to delegate jurisdiction over a I f professional schools except the Health Sciences to the Dean of Graduate Education. Previously, the provosts of each of the University's seven faculties reported to Ketter through the office of the Academic VicePresident, Dr. Gelbaum. Under the reorganization, the various provosts will be reporting to the specific University deans given jurisdiction for their schools,who in turn will have direct access to Ketter as his Academic Cabinet. Questioned in the Reporter as to the effect of adding the professional schools to the responsibility of the Graduate Dean, Pres. Ketter opined that "the significance will develop in a number of different ways depending upon the professional area in question." Basically, however) the purpose of the merger was, he continued, "the need for centralized information about the operation of our programs," placing emphasis on improved coordinationand increased interdisciplinary interaction between graduate and professional programs. The President pledged that "the history and mores of each professional program" would be respected. Law School Provost Schwartz has told Opinion that he foresees advantages for the School from the new relationship under the Graduate Dean, denying that the School's autonomy has in any way been compromised. Noting that Dean Hull has "always had a friendly attitude toward us," the Provost said that the arrangement gives the Law School "another friend in court," with reference to the Hayes Hall administration. "There is no necessary incompatibility between the development of the professional program and the extension of our relationships with other parts of the University," he continued. "Each can complement the others." Specifically, the Provost disagreed with "the view of power as a fungible quality, to be gained by some only at the expense of others," saying that the Law-School will not lose autonomy under the Graduate Dean but rather gain in greater efficacy within theadministration. "The purpose of social organization," he philosophized, "is to optimize utilities so that any organization that in any orderly and effective way pursues worthy goals may contribute to a sense of efficacy for all participants." The latter, he said, was true of the Law School under the ... new system. The reorganization, Schwartz specified, will allow the Law School access to administrative resources it did not have before sim- ply because the Academic Vice- Presidenl could not coordinate all the programs in such a manner. Although some of the School's resources will be given the University deans so as to allow the administration to pursue preferred University-wide directions, "the vast bulk will remain with the faculties." Speaking of Graduate Dean Hull, Provost Schwartz noted his "general awareness of the philosophy of legal education" and said that "he probably has a very good understanding of the Law School." The exact relationship between the Faculty and the Dean, however, "is likely to be developing over time." Faculty Defers Q+ Grade, But Now in Effect Acting in response to widespread criticism and formal petitioning from the first-year class, the faculty early in January voted, though with some displeasure expressed, to defer implementation of the controversial Q/Q+ provision of the new grading system until the spring semester. Prior to the eruption of freshmen protests, the faculty had decided, at their December 5 meeting, to implement several changes in the School's grading system, including deletion of the HD, clarifying definitions of the D and F grades, and the addition of a Q+ tier between H and Q. The latter change, which in effect transformed the grading structure from four .to five tiers, was strongly contested by over 200 freshmen, w,hose< class was the only one affected by the change, in a petition requesting the faculty to defer the 0* grade pending the outcome of a spring semester referendum. In responding to this petition, the faculty agreed to defer use of the Q+ for fall semester courses but, in an interpretation made by Associate Provost William Greiner and accepted by the body, stipulated that the grade would be automatically instituted for freshmen in the spring "if. no further action on this is forthcoming," meaning that affirmative faculty action would be required to alter what is nowa five-tiered system. The Academic Policy and Program Commi t tee, which recommended the action adopted in January, has assumed the responsibility for conducting a student poll sometime in March to ascertain student sentiment on the grading system. Details of the poll, which would be purely advisory to the faculty, have not yet been decided. As of present, the new grading system is in effect only with respect to the first-year class. February 14,1974 Bldg. Dedication Set April 8,10 Administration by Ray Bowie / Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 by Gary Muldoon Monday's, will be primarily law-oriented. There will be special The ceremonies for the music composed and presented by dedication of John Lord O'Brian the Inns of Court for the law Hall have been scheduled for faculty and students, and friends Monday, April Bth and of the law school. The ceremonies Wednesday, April 10th. The main will take place during the speakers for the occasion will be a daytime, and according to Dean member of O'Brian's law firm, Marjorie Mix, classes may be and former Chief Justice of the suspended for the festivities. U.S. Supreme Court, Earl Warren. Both ceremonies will take On April Bth, the law school place in the Carlos C. Alden Moot building will be dedicated in an Court Room, which, according to evening ceremony attended by Facilities Planning, will be totally University officials and dignitaries finished by the timeof the events. in the Alden Moot Court Room. The Moot Court Room only has a Included in the ceremonies will be seating capacity of 388, so seating the presentation of a portrait of problems are anticipated. John Lord O'Brian by Virginia However, a closed circuit Elliott, a local artist. There will be television will be provided for the an address by Charles A. Horsky, overflow crowd. a member of Covinglon and Prints will also be on display in Burling, a Washington, D.C. firm the library of lawyers in Western of which O'Brian was a member. New York history, as well as John Horsky will speak on O'Brian's Lord O'Brian memorabilia. Other contributions to thebar. side events are being considered John Lord O'Brian was a by the Planning Committee. member of the class of 1898 of Suggestions regarding any the University of Buffalo Law activities may be made by School. He was prominent in contacting members of the Buffalo and Washington legal committee, which is composed of circles and successfully defended Mr. Buergenthal, Mr. Hyman, Mr. the Tennessee Valley Authority in Wenger, Dean Mix, Provost the landmark case of Ashwander Schwartz, Tom Bailey, and Ed v. T.V.A. O'Brian died last yearat Manzb. The plans outlined thus theage of 98. far are tentative, and may change On Wednesday, April 10, Earl slightly. Warren will deliver the John Lord The dedication was originally O'Brian dedicatory lecture, on the scheduled for last October, but first anniversary of O'Brian's due to the non-completion of the death. The Wednesday building, had to be re-scheduled ceremonies, in contrast to for a later time. Master Plan Released, Will Be Discussed Within the next two months, according theLibrary. to a memorandum sent Opinion by ChairAs each section of the overall plan is man Barry Boyer, the Committee on Long- publicized, Boyer has invited students -Range Planning will be releasing for pub- wishing to offer comments or suggestions lication sections of a "comprehensive seven to contact one of the two student represen- plan for development of the Faculty of Law and Jurisprudence during the period 1974-81," in an effort to prepare students for an open student forum late in March at which the Committee will solicit student opinion on the completed docuyear tatives on the Planning Committee, Debbie Brodnick or Terry DiFilippo. The piecemeal releases will culminate late in March when the Committee hopes to adopt the entire plan and sponsor a student forum on the completed document. ment. Even after adoption by the Planning ComThe comprehensive plan being drafted mittee, the "master plan" would not take by the Long-Range Planning Committee is effect until formally adopted by the full equivalent to a "master plan" for the Law faculty. School, encompassing virtually every asIn addition to therelease of individual pect of its developmentthrough the end of sections to Opinion, Boyer noted that the the decade. "In order to maximize student Committee intends to provide an "execuand faculty input into the planning pro- tive summary" of the completed plan in cess," Prof. Boyer states that the Com- March, at which timeit, too, will be pubmittee will "release individual sections of lished in Opinion. the plan as they are completed and apOpinion has notified the Committee proved by the Committee," with copies that the paper will attempt to publish each provided Opinion and placed on reserve in section in full as it isreleased. �Opinion 6 February 12,1974 Letter to the Editor Editorials To the editor: Autonomy: Endangered Species at UB The recent administrative reorganization decreed by Uni- exceed many vice presidents' in the administrative structure. versity President Robert L. Ketter, in which the Law School Little is known by most faculty and students of McAllishas been placed under the Graduate Dean in the administra- ter Hull, the Graduate Dean who now also has responsibility tive hierarchy, strikes us as basically a step in the wrong for all professional schools except Health Sciences, and it direction within the context of a university center which has may well be the case, as Provost Schwartz has indicated, that already grown far too large and administratively hierarchical Dr. Hull may indeed become "another friend in court" for the Law School in Hayes Hall counsels. Even so, graduate for the good of any of its constituentelements. Though Ketter himself wants to gloss over the reorganiza- academic programs have long been Dean Hull's special intertion's significance with such nondescript terms as "coordina- est, and the question remains as to how much priority the tion" and "perspective," enough is known of its prospective professional programs can command under the reorganized impact for us to entertain serious reservations with regard to Graduate Deanship. the apparent surrender of local faculties' traditional jurisdicBefore further judgment, we perhaps should await forthtion over tenure, hiring, budgeting, and even academic pro- coming developments, but we can Justifiably at this point grams to the University deans, whose power now seems to mourn the apparent diminution of the School's autonomy. Bulletin Board Schizophrenia A point raised in a letter to the editor received for this issue spotlights what seems to us to be a glaring inconsistency in the pedagogical habits of a large number of faculty. Toward the end of each vacation period, give or take a few weeks, certain faculty can always be counted upon to begin the semester before the School does, peculiarly in the fashion of hiding little notes amid bulletin board clutter for the purpose of assigning homework even before many students have yet returned home, much less thought about semester's work. While making like the Grinch who stole Christmas (not to mention a good part of the summer), the pedagogical martinets who demand daily bulletin board surveillance from supposedly vacationing students are oddly enough often those same faculty who skillfully avoid bulletin boards themselves when students are hungrily searching for some evidence of grades. Enough would seem to be enough where such habits are concerned. If the semester is not long enough to cover the Likewise, on the subject of assignments, little precious classroom time would be consumed if the instructor, with his own voice and in the physical presence of his students, were to issue his assignment or syllabus directly to his students, rather than through the awkward, inefficient, and increasingly unsuccessful medium ofbulletin board postings. With regard to the other element of this inconsistency, the general faculty abhorrence of bulletin boards around grade report time, law students, who presently must begin a semester with little or no knowledge of their previous semester's performance (or even if they are academically entitled to continue in school), might consider emulating the announced intention of the undergraduate student association to file suit against tardy or inconsiderate instructors, thereby putting their legal education to at least some good. In as much as the general University grade policy is to allow undergraduate and graduate instructors three days from the scheduled final exam to file grades, the Law School subject matter of a course, something is excessive with Administration would be remiss were it to continue to allow regard to either the syllabus of the instructor or the subject our own faculty more than perhaps ten to fourteen days to matter undertaken by the course itself, rather than with the submit evaluations of performances students have sweated v nseemingly-lengthy vacations some faculty appear to all semester to render. believe law students enjoy. Assignments clearly should be To do less would only be to sanction the capriciousness given only with the first convening of the course under which seems to characterize this faculty obligation to assignments are authorized. students. which such next . . . Accolades Due In Shining Contrast Congratulations, on the other hand, are due Ms. Pat Hollander of the Placement Office and Prof. Barry Boyer of the Long-Range Planning Committee for their solicitude for legitimate student interests. Ms. Hollander, whom the University should be giving its fullest support in light ofher critical importance to the Law School, has managed, in a few short weeks, to provide the student with a viable and still developingarray of placement services, including an upcoming series of career programs immeasurably better than the half-hearted efforts of pre- vious years. Volume Prof. Boyer, chairman of the Long-Range Planning Com- mittee, deserves along with the other members of the Committee, the appreciation of students for his earnest effort to keep students abreast of "master plan" developmentsand to insure their input into the final product. Kudos for both. 11111111011 V|JHHUIi 14, Number 7 Editor-in-Chief: Ray Bowie Managing Editor: Shelley T. Convissar Photography Editor: Chris Belling Alumni Editor: Earl S. Carrel Business Manager: John Lcvi Staff: Cheryl Pestell, Articles Editor: Skip Hunter Features Editor: Kay Wigtil Sports Editor: Skip Hunter, M.C. Gary Muldoon, Dave Stever, Terry Centner, Cynthia Lowney OPINION is published every third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Ttiird Class postage entered at Buffalo, New York. OPINION is funded by SBA from Student Law Fees. — — ic function of providing students with timely and accurate news coverage, Opinion has announced a series of publications policy changes involving chiefly an increased bi-weekly publication schedule and the inauguration of a weekly "Newsletter." For the spring semester, Opinion will endeavor to publish a four to eight page issue every other Tuesday school is in session, an increase from the traditional triweekly schedule of previous semesters. To cover the news and school calendar between issues, Opinion will assume responsibility for publishing the Law School's Newsletter, which had been edited by Mai ilia McCarthy of the administrative staff prior to her departure from the school in January. The "Opinion Newsletter" will contain a calendar of each week's meetings and events, administrative announcements, and late-breaking news items. All faculty, staff, or student announcements and calendar events may be submitted to Opin- Will run classifieds In the fine tradition of public service, Opinion wishes to announce a new policy whereby students are invited to submit classified ads for free publication in a classified section. Ads are expected to be concise, and accurate in terms of their representations. ... may be left on the Opinion bulletin board outside room 623, or slipped under the office door. Such ads ... Chris Belling Opinion Expands Coverage In order to better meet the bas- February 12, 1974 Once again as we return from our semester break we are confronted with assignments due on the day of our return. I was aghast when I walked into my first class as a first-year student only to find I was already twenty to fifty pages behind because I hadn't spent my vacation at the Law School checking the bulletin boards, but I've now redefined "vacation" to mean a few days off from classes when you're expected to note and read assignments anyway. Thereis merit in this habit the faculty has of assigning work to be done over a vacation. The layman who interprets the term "vacation" as complete freedom just doesn't know the workings of a law school. The faculty can hardly be expected to waste the first day of class, and we as paying students should be glad to get our moneys worth. (Whether it's rational to pay for mental anguish is another question.) All I ask is a little co-ordination. I checked (I really did) and found three assignments posted for me as of January 31, but, much to my chagrin, also found that the bookstore was on vacation until February 4 when those assignments were due. Use the library, you enjoin, but alas, one of the professors who gave two of the assignments didn't specify the titles of the texts. Anyway, enough is enough I'll do my "vacation" reading at home but; I'll be damned if I wish to inhabit a study carrel for even a few hours while "on vacation." I found a fourth assignment upon arrival today (February 4) which in all fairness migh t've been posted late Thursday or Friday, but remember, no bookstore until Monday. I certainly don't want the bookstore staff to sacrifice their vacations. They keep student hours. They're on our side. (?) So what do we do? It's my last semester so it won't happen to me here again (I hope), but someone, perhaps the administration or the faculty, ought to tackle this problem soon!!! ion editor Ray Bowie (room 623) or left with Cleo Jubulis in the Provost's office. Opinion has, in an attempt to obtain the cooperation of SBA organizations in meeting the increased publication schedule, appealed to such organizations to assist by notifying Opinion in advance of their activities or by submitting their own news items for publication. Needs Staff Opinion editors report thai the last issue's appeal for staff has been disappointing, with only two students volunteering response to their assistance to the paper. "We've lost' more staff this semester thai* we've acquired," they announced, "and unless that trend Avoid bulletin board clutter. reverses itself, we'll have to.begin Take advantage of a publication to cut back to once a month or you, the student, fund. even less frequent publication." �February 12,1974 Opinion 7 Faculty Considers '74- '75 Year The People's Progress In an effort to expand our appreciation for theprogress achieved aroundus, andhopefully to spur into action parallel ideas of our own, Opinion offers thiscolumn. We plan to provide topical notes on the progress of several movements on campuses, in work situations, in life. The excerpts below typify the kind of synopsis on each issue which we hope to print in each issue, but we depend on the active contribution of our student, staff, and faculty readers to keep the column up-to-date on a wider scope of movements. Contributions can be submitted to the Opinion office, Room 623, care of She/ley Taylor Convissar. Only if we share our knowledge can we all benefit from the action that knowledge can bring about. The following are excerpted frommaterial provided by the Project on the Status and Education of Women, Association ofAmerican Colleges, Washington, D.C. HARVARD BARS LAW FIRM FROM CAMPUS As a result of complaints of sex discrimination against the Boston law firm of Powers and Hall, the Harvard Law School's Committee on Placement has barred the firm from using the school's placement facilities for the academic year. Two female law students, claiming that a representative of the firm told them that he would not "be inclined" to hire women, filed formal complaints with the Harvard Law School Committee on Placement and the Massachussetts Commission Against Discrimination (MCAD). Because the firm has refused to answer any inquiries from HLS until the MCAD investigation is complete, they have been barred from the Placement Office. The Committee on Placement took similar action in April of 1971 against the New York firm of Parker, Chapin and Flateau, whose representative had allegedly told two women that his firm would employ neither women nor blacks. The Placement Office established this machinery to enforce its equal employment policy over three years ago, when women complained that they had no recourse against discriminatory statements made by interviewers^ HLS Assistant Dean Russell A. Simpson credits this move with significantly reducing "overt discrimination in the interviewing sessions." In a similar vein, the Equal Employment Opportunity Commission has ruled that female law students at the University of Chicago have been discriminated against by the school's placement service. Various federal laws and regulations forbid all college placement services from discrimina- ting against students. YALE GROUP TO STUDY STATUS OF MINORITIES WOMEN AND Yale President Kingman Brewster has formed a special review committee to examine the status of women and minorities on the faculty. The group will advise Brewster on recruitment procedure, hear affirmative action compliants, and study issues, such as childbearing and childrearing policies. MEN NEED LIBERATION TOO Today's young man often has difficulty fitting into the mold of the Hollywood muscleman or Romeo, or of Madison Avenue's Mr. Success. "It's enough lo drive a man to drink" says Wayne N. Johnson, teacher of a course in men's liberation at Temple University. His course is designed to teach men to "rid themselves of false standards and to recognize theirvalue as human beings." STUDENTS FIGHT SEXIST COMMENTS IN THE CLASSROOM A biology teacher during a class field trip passed by a junkcar and said, "Well, there's a woman's biggest contribution to the world." Another professor told a woman student, "Don't worry, with your body, you'll get whatever you want." And still another professor made this remark, "Now that there are perma-press shirts, dishwashers and garbage disposals, etc., women aren't needed." Would college professors in 1974 make such remarks about women or minorities or gay people? Yes, according to women students at Western Michigan University. To combat some behavior, the WMS Status of Women Committee has developed a form to send faculty who use sexist materials or make sexist remarks. Copies of the form may be obtained from AWMS, Student Services Building, Western Michigan University, Kalamazoo, Michigan, 49001. At the University of Wisconsin, a group of women medical students filedcharges of sex discrimination under Title IX of the Education Amendments Act, claiming that a professor's remarks showed disrespect for women medical students. The women backed up their claims with tape recordings. by Ray Bowie The first faculty meeting of the spring semester devoted most of the afternoon of February 6 to considerationsof course offerings, expected vacancies next year,and new facultyappointments. Speaking of the Governor's budget, Provost Schwartz described the Law School allocations as "generous," noting that the School would be getting three new faculty lines to meet the larger student body plus at least two additional lines representing interdisciplinary appointments with other faculties. With six or seven present faculty expected to have departed or be on leaves next year, the School is ultimately facedwith having to fill that many vacancies. Profs. Franklin, Davidson, and Rickert are listed as departures as of September, while leaves have been granted to Profs. Joyce, Greiner, Reis, Attleson, Kelly, and possibly Katz during either the fall or spring semesters. Chairman Herman Schwartz of the Appointments Committee reported that three applicants for faculty positions were recommended by the Committee, one with a specialty in tax and civil procedure, another in jurisprudence and torts, and the third in clinical and commercial areas. All the recommendations were handily adopted by the faculty, and the three applicants will be offered employment for September. The Appointments Committee, Schwartz said, has recognized the School's deficiency in the area of corporations and securities, and is currently searching for qualified instructors. The faculty also gave overwhelming approval to the Professional Practice Training Program, involving clinical education through simulated law firms (SLF's) for implementation on a two-year experimental basis starting in the fall. While feasibility depends largely on the $38,000 to $40,000 the School has requested from CLEPR, Norman Rosenberg announced plans to initially establish four simulated law firms, involving 16 students, with staffing provided by Profs. Kaplan, Boyer, Girth, and Rosenberg. Patricia Hollander, presently the School's Placement Officer, and a new faculty appointee may eventually staff two additional SLF's for a total of six firms. The simulated' law firms would provide clinical experiences for second-year students in a wide variety of legal skills and problems associated with a law firm. Eileen Greenbaum, a student representative to the faculty, has asked all students with comments or suggestions regarding faculty actions to deposit such in third-floor mailbox 74 (which has been taped open to allow access from the front), addressed to her c/o Opinion. Graduation Plans: A Report by Mark Mahoney Following several meetings, the Student-Faculty GraduationCommittee has made some significant determinations regarding Spring commencement. Generally, the committee is seeking a har- monious mixture of the formal and informal, with due regard for the better dictates of tradition. To this endit has been agreed that a program consisting of a brief, yet sufficient, and "formal" presentation of degrees and awards with whatever administrative comments by the dean, etc. as are necessary and proper followed by some sort of dinner or buffet, .would be appropriate. The usual "Commencement Address" would in this case be imposed on the latter part of theprogram and be delivered in "installments" by two members of the faculty and two members of the graduating class. These four short talks will be related to each other at least by the common occasion of their deliverance, but possibly alsoiby the design of the committeeoand/or the collaboration of the speakers themselves. Within these general determinations there are several particulars — — of concern. First, attire, or "how formal is 'formal'?" The unanimous feeling of the committee was that, even if the high cost of renting caps and gowns for this brief time does not conclusively persuade us against their use by the graduating class, having a dinner on our program which' will itself involve a not insubstantial cost does so persuade us. Faculty however, who to a great extent already have their own academic habiliments, are encouraged to wear them. Second, the Location and Date remain matters of nearly alarming uncertainty. The most desirable location wouldhave facilities large enough for the assembling and feeding of over 1000 persons. The most appropriate day for theprogram has been considered to be a Sunday by a perhaps pedestrian calculus based on the three following assumptions or conclusions: (1) Friday evening through Saturday afternoon are inappropriate due to religious considerations. (2) Sunday is better than Saturday evening in that those desiring to attend who, by their mode of transportation and distance of travel from Buffalo, are adversely affected by Sunday gas- oline station closings (assuming, of course, that such closings are then current) would rather come here late Saturday and leave early Monday than arrive Saturday afternoon and then spend all day on Sunday waiting for Monday morning. (3) Sunday is preferable to a weekday for this same group of long-distance travellers because those attending a ceremony then would be compelled to miss only one workday, Monday. Even without considering the possible logical or Constitutional objections to the above assumptions there is enough uncertainty with respect to the possible locations for the graduation ceremony insofar as feasibility and availability that, for the present both the location and date must be considered as subject to change. However, presently under consideration are, of course, the Statler, Kleinhans, various places in the University, and others such as the Aud Club and the Marine Building cafeteria. More definite is the date which is June 15, Sunday, the nearest Sunday after the time necessary for the grading of exams, etc. The third notable particular is the selection of the aforementioned speakers. (Though the sub- ject of commencement speakers is ther Valedictorians nor Represenone of general concern, the degrees tatives as such. Any talks given of individual concern are so var- surely will have the aspect of a ious that I will defer any apology valedictory, that being a farewell; for choosing to have speakers in- and all might represent generally timately involved with our law thoughts and emotions common school experience, as distin- to all concerned. Yet, to those guished from the common who are neither cynical nor es[though by no means universal] pecially romantic, commencement practice of inviting some legal ce- provides a unique opportunity to lebrity to deliver a chest-thumping reflect upon the significance of irrelevant, inappropriate, costly, our common experience and and I will therefore the committee hopes to and boring oration withhold my own and the com- secure as speakers individualswith mittee's opinions on that until special sensitivity for the meaning of the occasion and afso the desire they are called for.) The selection of faculty speak- and ability to share their reflecers will be through invitation by tions. the committee after a consideraFor the present, until more certion of the recommendations made to the members of the com- tainty is achieved with respect to mittee whose names are listed the location, and the method of at bottom by theirstudents and selecting students as speakers, it is faculty colleagues. The relatively hoped that recommendations for small size of the faculty and other speakers from the' faculty and considerations of policy make 4 thoughts generally concerning all such an abridged method of selec- of the above will be communication both possible and desirable. ted to the committee, whose The method of selecting stu- members are myself, Bob Bennett, dent speakers, however, which has Bill Brennan, Buffy Burke, Regnot been decided, may require ina Felton, Chris Greene, Skip some sort of ballottingor nomina- Hunter M.C., Paul Litwak, Jim tion/election procedure for a fair McLeod, Lester Sconiers, Tricia selection. In any event and in ei- Semmelhack and Professors Buerther case the committee seeks nei- genthal and Laufer. - —- �February 12,1974 Opinion 8 Placement Plans Activities Having only recently acquired and join Ms. Ange in discussions. fice has extended invitations to all a full-time placement director in the person of Ms. Pat Hollander, the Career Development and Placement Office has planned a series of informal visits by area attorneys designed to better acquaint students with the profession and career opportunities therein. On Thursday, February 14, Buffalo attorney Grace Marie Ange will meet with students over lunch, between the hours of 12:00 and 2:00 p.m. in room 212, to discuss matters of concern to students. The Placement Office has invited students to bring lunch On March 8, the Buffalo Law Alumni Association will sponsor Career Day, which will involve a program moderated by Buffalo attorney Robert P. Fine and featuring a group of attorneys representing various legal careers, including judicial clerkships, government service, and private practice as a sole practitioner and in small, medium-sized and large-sized law firms. As planned by the Placement Office, theprogram will also include discussion of how to apply for a position, the content of a resume, and employer preferences. Again, the Placement Of- CLEPR Assesses Clinic Early last week, the Law School hosted a two-day visit by Victor J. Rubino, Program Officer for the Council on Legal Education for Professional Responsibility {CLEPR), for the purpose of determining whether CLEPR would provide financial support for the Simulated Law Firm phase of a new clinical education proposal last week approvedby the faculty. The clinical proposal, first reported in Opinion last November 20, would involve furnishing clinical experiences to second-year students through participation in simulated law firms (SLF's) and to third-year students through actual client contacts or research, a phase designated the "practice part." The money being sought from CLEPR, a private institution devoted to furthering worthwhile legal education innovations, would partially finance the simulated [aw firm phase of the proposal, a phase clinical program director Norman Rosenberg termed "the hub" of the new program. Accompanied by Prof. Rosenberg, who has been chiefly responsible for the proposal, Rubino met privately with the Provost, faculty, and a number of interested students during his two-day visit. His recommendation on funding is considered a significant factor in whether CLEPR will provide the funds needed to get the program off the ground next year. Law Alumni Plan Dinner students for a program which will Hon. Rudolph U. Johnson, City Court Judge, has been appointed extend between the hours of 1:00 and 4:00 p.m. in a room to be Chairman of the 12th Annual SUNYAB Law School Alumni Association's annual dinner and awards presentation by Hon. Dolores announced. M. Denman, Judge of the Buffalo City Court and President of the Law The Placement Office also has School Alumni Association. Judge Johnson has announced that the invited students to use its services, annual dinner and awards presentation will be held Friday, March 15, including the Placement Board 1974, in the Buffalo Athletic Club. This year's recipients have not yet (now located outside Room 311), been announced by the nominating committee. The awards are given which lists full-time and part-time annually to three of the Association's members representing the job openings together with schedjudiciary, public service, and the practicing bar and will be presented at uled job interviews; Employment the dinner. Complimentary cocktails will be served at 6:00 p.m. Dinner will Resource Materials (such as information on law firms, courts, govfollow at 7:00 p.m. ernment agencies, corporations, Ticket Chairmen for the event are Harold T. Brand, Jr. and Franklin etc.); and consultation on pre- A. Stachowial. Grace M. Ange is Chairman of the Arrangements paring resumes. Committee and Samuel L. Green is Publicity Chairman. Requests for tickets should be addressed to Mr. Brand at 852-2850, and Mr. Stachowial at 852-6424. Spouses and guests are welcome. According t.o Provost Schwartz, the Law School is currently considering whether the simulated law firm phase "can be by Earl S. Carrel implemented on a large enough Sorry about missing the last issue, but all columnists have to take scale to make it worthwhile" to thc professional program. The a break now and then. An awful lot of good things are going to be Provost slated that although eight happening around the Law School and the Alumni Association in the simulated law firms were the near future and we hope to be able to give our readers a bit of a School's goal for the first year, preview. present conditions are such that a I had a long and very interesting discussion with Pat Hollander, a minimum of four simulated law very close friend and extremely competent person, who is now firms, involving at least 16 directing the placement, continuing legal education, and alumni students next year, would be functions for the Law School. It is about time one person, on the staff required if the program was to be full time, was responsible for these important areas. I have absolutely considered worthwhile, and that no doubts that Pat Hollander will do all she can to strengthen the this would be possible only with heretofore weak areas of the school. She is a lawyer, admitted in both CLEPR funding to the tune of New York and Missouri, a former faculty member in the School of Management, and spent several years with the Office of Continuing $38,000-$40,000. Education at ÜB. Any alumni who are interested in the activities of The decision of CLEPR should the school should feel free to call her at 636-2056. be known sometime in March. * about * * the excellent turnout at the It was heartening to hear Alumni Association luncheon held in connection with the New York State Bar Association convention in New York. There were quite a few the evenings and on weekends, or of our newer alumni present and that is certainly a good sign. leave a message for her on the * * * student message board in the first Is it true that a faculty member received a letter addressed to him floor lounge of the law school. here at O'Brian Hall as a member of the firm of John, Lord, O'Brian & Deadline to join ATE's programs Hall? is February 17, 1974. * the* dedication * of O'Brian Hall will be In all good faith it looks like A round robin tennis held in April. More details as soon as they becomeavailable. tournament is being organized by * general * managerof Zolte'sFurniture Bernard D. Welt, '20, former ATE for March in conjunction with a special "tennis evening" for died December 13, 1973. law school students, faculty and staff. Interested participants are Omar G. Olds, '24, former attorney for the North Collins and encouraged to get in contact with Lake Shore Central School Boards and former partner in the firm of Pearl. Saperston, McNaughton & Saperston (now Saperston, Wiltse, Day & Wilson) died January 8, 1974. Alumni Line ATE Offers Tennis Clinic The ATE's ,, Midnight Special, ATE (Association of Tennis i Enthusiasts) is offering its final set second program, is featured for of special discount priced tennis the first time this year. Another programs for Winter '74, ten-week program, the Midnight Special will operate on Friday beginning Feb. 17, 1974. ATE's first program is a evenings from 12 midnight until ten-week tennis package for 1:30 a.m. for both singles and $35.00 per person for a doubles tennis play, for $2.00 an guaranteed hour and one-half hour per person. Total price per hour of weekly tennis. This i person for the entire program is program is available evenings from i $30.00. Full use of the BTC 10:30 p.m. to 12 midnight, and ! facilities is included. : : > Individuals and groups includes full use of the facilities (sauna, dressing rooms, and bar) I interested in playing winter tennis should call Pearl at 882-2845 in at the Buffalo TennisCenter. Turn of the Screw by lan DeWaal Some major changes in the procedure for awarding financial aid for next year are currently under discussion. The University Committee on Financial Aidis taking a close look at both the philosophy behind financial aid and the way that philosophy should be implemented. Several considerations have prompted this discussion. One is the fact that while the number of applications for financial aid has increased over the last few years, the amount available for awards has decreased. Another catalyst was the wish to coordinate the financial aid rulings and decisions that have been made over the years and to organize them into a coherent policy. The policy change which would have the most effect on law students would be the proposed alteration of the use of different student budgets for determining what a financial aid award should be. During the past year, fourdifferent budgets were used to judge need for the same number of student categories. These were corn- muter, independent, resident and married student budgets. For next year, it is almost certain that the number of budgets used will be reduced to two or three. This would be accomplished by merging the independent, resident, and possibly even the married student budgets into one category. The reasoning behind this has been that expenses for a student living away from home, whether independent or dependent would be the same. As far as the married student budget is concerned, a philosophical debate has arisen as to whether in the face of limited funds, the University should be subsidizing marriage. A whole host of issues is concurrently raised as to how much income of either partner should be considered in determining an award if married students aren't to be allowed extra expenses in determining need-Discussion is also focusing on how much income a student should be expected to provide toward the cost of university education. This discussionhas also involved the problem of determining when a student is truly financially indepen- * * * * * * � Hon. Walter J. Mahoney, '32, State Supreme Court Justice in the dent. In the past, some people Eighth Judicial District has been appointed to the Appellate Division, have claimed financial indepen- Fourth Department. dence and have then said they * * * have no resources to contribute to Harold A. Adel, '35, partner in Buffalo firm of Adel and Collins their education. Since the Univer- died December 26, 1973. sity is not meeting total need re* * * quirements of students in any Ruth D. Vogel, '38, City of Tonawanda judge from 1956-1968, case, the question then arises, if died December 5, 1973. the university is not going to fill * '38, * formerly with the firm of your requested need and you have Richard F. McDonough, no resources, where is the rest of McDonough, Boasbert, & McDonough has been appointed confidential the money coming from? clerk to State Supreme Court Justice Michael F. Dillon, '51. The Committee is considering * * to the Erie County Attorney the minimum contribution figure Carlton F. Hengerer, '49,*assistant expected from independent stu- and former Town of Evans justice,died December 9, 1973. dents; whether there should be * * * one, and if so, how much. Some Hon. Charles J. Gaughan, '50, State Supreme Court Justice has figures being tossed around for been named Administrative judge for the Eighth Judicial District. law students range from $500 to Justice Gaughan is a former Hamburg supervisor and town justice, $1,000. former assistant Erie County District Attorney and served as an Erie I would appreciate getting County Judge from 1963 until his appointment to the Supreme Court some immediate feedback on in 1968. thesediscussions as the committee * been * appointed * Thomas G. Kobus, '69, has must finalize its decisions for next Counsel to the Mayor year as soon as possible; no later of the City of Buffalo. Since his graduation from ÜB, Tom has than the end of February. received a Master's degree from the University of Pennsylvania's Please remember two impor- Wharton Graduate School of Commerce and Finance where he was a tant dates! February 15 is the last Joseph Wharton Fellow in Management andl a Samuel S. Fels Fellow in day to end a class, and Form UB local and state Government Administration. � of the Financial Aid application Frederick W. Steinberg, *'73, *is now working for the Court of for next year must be received by Common Pleas Pittsburgh, Pennsylvania. in March 1 the Financial Aid Office by * � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-02-14 Alternative Title An alternative name for the resource. 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New York Permit No. 708 State University of New York at Buffalo School of Law January 9, 1974 1stYear Protests Grade Change Hit just before vacation with agreed to make contingent upon registration foul-ups and an un- the right of the Faculty to retain announced grading change, the the final authority over the matfirst year class reacted with a ter, although no final decision series of protest actions ranging would be rendered until the APPC from petitioncampaigns to heated could conduct a questionnaire of confrontations with administrators. The protests rocked the class for two days, in the aftermath of changes in the grading system which many freshmen felt penalized them, following which the level of protest subsided in favor of lobbying efforts organized under the aegis of the StudentBar Association. The first-year protest activities, involving chiefly students in sections three and two, have thus far dominated the attention of two SBA meetings and resulted in the SBA endorsing a petition calling upon the Faculty to defer the new Q+ gradepending the outcome of a freshman referendum. SBA also established an ad hoc committee of freshmen charged with seeking Faculty compliance with the petition, now reported to bear 195 all three yearssometime in March. Thereafter, according to the APPC recommendation, the Faculty could decide to impose the Q+ grade, but the imposition would not be retroactive to the fall semester. The full Faculty, to whom the APPC recommendation has been sent, will meet this afternoon for their regular monthly meeting, at which time the ad hoc committee will again appeal for compliance with the freshman petition. Provost Schwartz has, following extensive consultation with freshmen representatives, circulated a memo to the Faculty counselling acceptance of the request. The protests were sparked the week before vacation, the mor- ning first-year spring registration was to have begun, whenAssistant Dean Marjorie Mix announced to signatures. a crowd of between forty and fifThe ad hoc committee ap- ty freshmen on line for registrapeared, immediately following va- tion that, due to students lining cation, before the Academic Pro- up six hours prior to the posted gram and Policy Committee to ar- time, freshman registration had gue that the grading change viola- been postponed and would be ted due process in that the class conducted the following week unaffected was never consulted and der a lottery system. hence had relied to its detriment upon the standards of the former system. The APPC was asked to recommend to the full Faculty that the Q+ provision, the one which the ad hoc committee alleged had altered the substance of the grading system, be deferred, a recommendation the committee The heated confrontation between Dr. Mix and the "early birds," as their classmates dubbed them, was, however quickly eclipsed the same day when other protest activities erupted following Opinion reports of the December 5 Faculty decision to revise continuedon page 4 Joyce to Teach Bar Course A new entry on the New York State bar review scene has announced that Professor Kenneth Joyce, professor at SUNYABLaw School, will join its faculty for the July, 1974, bar examination. BAR/BRI. a bar review organization run jointlyby the two largest bar review courses in the country, will employ Mr. Joyce as a live lecturer in the subjects of Taxation and Real Property, two of the thirty subject areas covered in the New York Statebar exam. Joyce will be the only live lecturer in the course to be offered in Buffalo and Syracuse; other subject areas will be covered by taped lectures. He is also the only member of the Buffalo faculty to teach for a bar review course. Law Institute (PLI) and Marino. The three courses offer different types of bar exam preparation. PLI has longprided itself on its "outstanding faculty of law school professors, expert in the particular areas of law which they teach." In addition, PLI stresses the quality of the review materials they offer, which cover all areas of New York "black letter" law and the law of Evidence. An additional text, Wachtell's New York Practice Under the CPLR, is offered at half price. PLI stresses that its materials are useful to the practicing lawyer as well as to the student. The course costs $150, and is available from Tom Bailey. 82.5% of the students who took PLI last July from Buffalo passed thebar exam. BAR/BRI, m, MARINO As a new entrant in the bar reThe Marino course has tradiview race in New York State, tionally offered the student a competition from course oriented towards particular BAR/BRI faces continued on page 4 the two older bar review courses, offered by the Practising .. -BELLING Provost Schwartz addresses students at SBA meeting before vacation. Law and Society: JointDegrees Planned by Ray Bowie third to providing "solutions for problems of the legal system, both its organization and its substantive grams has reached the stage of im- policies." Graduates of such joint plementation in the form of an degree programs would be "lawAdvisory Board on Law and So- yers, lawyer-social scientists, and cial Science Programs which, ac- policy scientists of various kinds." cording to a memo written by The Provost's memorandum on Provost Richard ,D. Schwartz, "is the Law and Society Program sugexpected to function briefly and gests that the Advisory Board excogently to get the program star- plore the development of integrative seminars in each joint degree ted." The program which the Adviso- program, an undergraduate legal ry Board is charged to implement studiesprogram for majors in each is that titled "A Buffalo Program of the social science fields, and in Law and Society," itself the corresponding allocation of faculproduct of meetings between the ty from Law and Social Sciences. £ach participating department Law School Provost, the Provost of Social Sciences, and the chair- would appoint a faculty member men of participating departments. to teach in the undergraduate lePresently, there are twelve law gal studies program and advise students, in four Social Sciences joint degree grad students, while departments, pursuing joint the Law School would likewise JD/Ph.D. degrees, and thepurpose assign faculty to share these teachof the newly-formed Advisory ing and advisory functions. The Planning on joint degree pro- Board, on which both Law and Social Sciences faculty are represented, is to consolidate and expand what has been designated the Law and Society Program. Law faculty were selected "in terms of the likelihood that they might ultimately take responsibility for the guidance of joint degree candidates in a given bilateral field." According to Provost Schwartz's memorandum, the Law and Society Program has, as its goals, "the generation, dissemination, and application of knowledge about legal systems," with the first two referring to traditional teaching functions and the Law School, to this end, would commit itself to making additional interdisciplinary faculty appointments in the future, so that such interdisciplinary faculty could hold their primary appointment in the Law School and an adjunct professorship in a social science department. Participating Social Science faculty would hold a similar adjunct professorship in theLaw School. The memorandum's charge to the Advisory Board envisions the eventual replacement of that Board by a "governing committee," representing the provosts, the participating faculty, the head of the legal studies program, and undergraduate, graduate, and law students. The joint-degree programs would operate by admittingapplicants separately to each unit under requirements that the degree candidate take the basic training in each unit and then meet with advisors to determinewhether the candidate will be encouraged to seek the full degree in each field. Dissertations of joint degree students will be required to demonstrate, to the satisfaction of the advisors and the program director, "mastery of each field and a capacity to synthesize knowledge of both fields in a scholarly product." "Progress toward the joint degree," the memorandum adds in suggestion of another requirement, "should include teaching experience in the legal studies program and participation in the research program." Addressing itself to the need for financial support, the Provost's memorandum proposes that, while theLaw School is "unlikely to be able to do more" to support J.D. candidates, it might join with Social Sciences to urge that the Law School's Baldy funds be allocated exclusively for joint degree rather than merely J.D. candid ates. Teaching assistantships might also be provided through the Graduate School or the undergraduate Law and Society College. As the average J.D./Ph.D. program would take five years, the continued on page 4 �2 Editorials Opinion January 9, 1974 President's Corner by Marty Miller Practice What's Taught Prior to vacation and final exams, it has been customary for first-year students to devote their attention increasingly to relaxation and then to the awesome prospect of their first set of law school finals. The very fact that, this year, substantial numbers of freshmen have had to divert their seasonly efforts to protesting a Faculty decision is itself an indication that something is seriously wrong with that decision. On December 5, the Faculty, motivated apparently by lingering frustration over the grading system, voted to institute a substantial alteration in the grading structure, transforming it from four to five tiers, all without notice to or consultation with the only class affected by the decision, the first-year class. Due process, a fundamental principle of the law in which Faculty are charged to train students, was indeed the most prominent victim of that decision. Organizing to appeal to the Faculty for redress of that oversight, first-year students have, to their credit, utilized proper grievance channels, obtaining support for their cause from the Student Bar Association, the Provost, and now the Academic Program and Policy Committee, which has recommended that the Faculty substantially satisfy the aggrieved. Contrary to the concerns of some first-year students, the success of the appeal has thus far indicated that the Law School's governance system is, despite shortcomings, functioning in an equitable manner. The credibility of that observation could, however, collapse this afternoon, should the Faculty compound its original oversight with refusal to grant remedy. Faculty, students, and administratorshave acted sensibly and cooperatively up to this point in the controversy, recognizing the essential validity of the due process principle. It would indeed be a shame if, this afternoon, the Faculty fail to practice what they teach. Inherent Fault Whatever the ultimate outcome of the appeal, it would be truly shortsighted to view this grading controversy in vacua, as either an isolated malfunctioning of the system or an isolated instance of bad faith. Certainly there are better grounds for tracing the It is rather difficult to produce a "timely" have been able to respond. The Academic Policy and column for Opinion given the seemingly vast Program Committee was delegated the responsibility interlude between the date of submission and the of developing and proposing to the faculty a new press date of the paper. I would like to have structure. When they were unable to do so, they commented at great length upon the grading "crisis" reported to the faculty their inability to reach a of late December and early January, but I anticipate consensus. During the stage when the grading revisions were that the multitude of problems which were the result of the imposition of a somewhat altered grading before the APPC there was significant student input system upon the first year class late in the first As one member of the faculty stated, "student input ad nauseam." However there was not the semester have, for the most part, dissipated. to here argue the merits of opportunity for significant student input with regard I pause, therefore,ofnotgrading because my personal to the system finally adopted. That system was a particular system opinion is simply that, the opinion of one individual. embodied in a proposal drawn by Associate Provost What I believe needs to be done is an examination of Greiner which was available only shortly prior to the the structure of the system which permitted a meeting on that fateful Wednesday. Therefore, it seemingly routine action of the faculty to have may be possible to pinpoint the difficulty as sizable repercussions so as to achieve the level of a occurring in the timebetween the distribution of the agenda and the date of the meeting because it was crisisamong the members of the first year class. Those of us who are upperclassmen should have not long enough to advise interested parties of the been aware that there was a movement within the proposal. To remedy this situation,Provost Schwartz faculty to alter the grading system. We had, in the has advised me that these difficulties should never recent past, participated in a number of again plague us. Agenda and relevant supporting student/faculty sponsored polls in an attempt to documents will be available earlier so that the entire determine student attitudes. Those of us who are student body can be made aware of the issues before new to the law school would not possess actual committees. I will post a copy of the agenda of each knowledge of the recent past events, and it is meeting as soon as it is received on the SBA board somewhat questionable whether they should be held on the third floor. Hopefully the agenda for to constructive knowledge. It may be possible to Wednesday meetings will be available, hence posted, conclude that somewhere within the school there on the Thursdayprior to the meeting. was someone who had an affirmative duty to advise The Student Bar Association has always been a the incoming students and that there was a breach of staunch proponent of the development of the law duty. placement program. At a special meeting school's that There was an attempt to communicate a vast convened on December 20, 1973, the Board of array of information to students during orientation, Directors of your organization unanimously and that attempt continued by various methods demonstrated their approval of the efforts made so throughout the semester. Somehow the grading far and allocated $3000 of student fee monies to information was lost in the shuffle. So if there is to further support the development of the office and its be any blame about the student not being aware of •programs. SBA executive board elections are just around the the possibility of a grading change thatblame might properly rest with my administration, and there was corner. Elections will probably be held during the a failure of communication within our organization. third week of classes of the second semester. [If you But a further examination-of the issue at hand does need any encouragement, remember the first vice not explain how even if the students were aware of president travels to the ABA convention in Hawaii the possible change in the grading system they might this summer.] Job Questionnaire Trends With 27 replies submitted, the difficulty to systemic malfunctioning than to bad faith on anyone's part, but the malfunctioning, sadly, is more Opinion 's Job Questionnaire of inherent in the present governance system than it is the senior class has revealed a number of decisive findings in accidental. SBA President Marty Miller, we think, takes too much terms of the determinative factors involved in placement success. guilt upon his administration when he assumes responsibility The findingsmust, however, be for communicative problems, for the fault seems to inhere interrupted in light of the fact rather in the entire nexus of Faculty governance, that of the 27 respondents, only faculty-student committee, and student government two were black and only one female. relationships. True enough, students have input on all levels to some Of those responding, the prime degree or other, but nowhere are there clearly established determinative factors for those inchannels for input and feedback between the levels of the dicating job offers were work exschool governance system. SBA, elected directly by the perience and grades, in that order. students, appoints student representatives to faculty Among those having accepted committees, after which they might as well be disembodied jobs, work experience was determinative of success in eight cases, spirits in limbo, as there is no communication with or from grades in seven, recommendations them thereafter. in four, and family connections in As systemic malfunctioning appears to be the root cause only one. of the present difficulty, true remedy of that difficulty, the Most of the 27 seniorsreplying type of remedy that will preclude the recurrence of similar to the^questionnaire hadreceived difficulties in the future, will require radical reform of the job offers, while sfx had tentative Of the seven respondents who indicated membership on Law Review, five had received jobs, while two had no offers. There was no indication of the significance of Opinion membership to job success. With regard to job preference, those who had received jobs were split among large firm, government, and small firm, with large firms hiring the most. Of those with tentative offers, only one had received such offers from a Volume 14, Number January 9, 1974 large firm, while four each received tentative offers from government and small firms. Those without offers seemed to prefer government and small firms to work with large firms. For those with jpbs, five used the former placement services while six did not. All who indicated tentative offers had not used placement services, while six without offers ha"d used them and three had not. 6 firkinirk n UpiniOll Editor-in-Chief: Ray Bowie Managing Editor: Vacant Articles Editor: Skip Hunter Photography Editor: Chris Belling Features Editor: Kay Wigtil Alumni Editor: Earl F. Carrel Sports Editor: Skip Hunter, M.C. Business Manager: John Lev! Staff: Frank Buffomante, Cheryl Pestell, Gary Muldoon, Karen O'Connor, Dave Stever, Terry Centner, Marty Miller. offers, and nine had received none. OPINION is published every third week, except for vacations, during In terms of grades, all who had the academic year. It is the student newspaper of the State University received more than 50% H's had of New York at Buffalo School of Law, John Lord O'Brian Hall, either jobs or firm offers. Out of SUNY/B, Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the. Editorial Board the eight who had received beor Staff of OPINION. OPINION is a non-profit organization. Third tween 25% and 50% H's, three Class postage entered at Buffalo, New York. had jobs, one had a tentative offer, and four had no offers. BeOPINION is funded by SBA from StudenfLaw Fees. tween 10% and 24% H's, one had a job, one a firm offer, two had John Levi, graduating senior and Editor-in-Chief of Opinion, has Provost Schwartz has announced that former Chief Justice Earl tentative offers, and one had announced his resignation of that position and the appointment of Warren will address this year's Convocation scheduled for April 16, none. Under 10%H's, four had-no Ray Bowie as his successor in the post. Mr. Bowie, who served as Managing Editor this past semester, will according to arrangements made by Dean Marjorie Mix and the offers, while one had a job and be the first freshman to hold the position of Opinion Editor-in-Chief. one an offer.Committee of Convocations. Mr. Levi will continue to serve as Business Manager and staff writer. governance system. The next step is the responsibility of SBA, and SBA would be well advised to take it before memories of the current difficulty fade into complacency. Earl Warren Selected to Address Graduation �January 9, 1974 Opinion the GADFLY 3 One Nation, Under Controls by Ray Bowie In 1931, in the aftermath of the depression, the German Chancellor Bruning resorted, allegedly as a matter of necessity, to a policy of price controls, to which his successors obstinately clung even as the controls gradually effectuated a regulated economy. In 1933, in the aftermath of national crisis carefully manufactured for its effect, one of those successors had the legislature delegate itself out of existence,and with it all political freedom. In 1971, in the aftermath of inflation, the American President Nixon resorted, likewise alleging a matter of necessity, to similar price controls to which the similar result of a regulated economy has obtained. In 1973 following an economic crisis manufactured for its public impact, a legislature is again preparing to virtually delegate itself out of existence, proving that having failed to learn thelessons of the past, we are doomed to repeat them. For the past two years, the nation has struggled under the burdensome wage and price controls of the Economic Stabilization Act, whose only achievements, according to a detailed survey the National Association of Manufacturers recently took of 2300 member firms, seem to be production disruptions, critical commodity shortages, lower capital investment, and hindered foreign trade. Along comes the current fuel crisis, for which price controls are more causative than the Arab embargo, and up pops President Nixon to lay blame upon the consumer for his excessive appetite for light and heat. And up pop Congressional Democrats to lay blame upon the oil industry for its excessive appetite for profits. Everyone, it seems, is up and popping for the National Emergency Energy Act, the effect of which would appear to be the permanent adjournment of Congress and the subjection of the American public to the stroke of a Nixonianpen. Der Reichstag ist burning. Washington is, in short, reacting the way Washington always does to a crisis of its own making: the politicians Guest Column are demanding more government regulation when, in production must, if the logic of controls is pursued to the reality, it has been similar regulation which generated the limit, fall victim to regulation, for if any were left i uncontrolled, capital and labor would flow into its manufacture while creating further shortages of controlled Economic Syllogism commodities. At that point of full controls, prices, wages There is indeed a certain logic to this, the type of logic and interest rates remain only as quantity relations in the which leads from Bruning's price controls to Hitler's government's orders, and the market economy has been enabling legislation, or from the Economic Stabilization replaced by a particular form of socialism, thai of the Act to the Emergency Energy Act. Bruning's economic Zwangswirtschaft pattern. crisis. advisors and the drafters of the Stabilization Act both undoubtedly pictured themselves as steering a middle course in their respective crises, a middle course somewhere between a market economy and a controlled economy, in the belief that price controls are morepalatable than a socialist economy yet just as effective against market fluctuations. Nevertheless, the logic of price controls has proven, to the puzzled dismay of the planners, to be a "syllogism" yielding that same unpalatable conclusion, the controlled economy. As demonstrated by the Austrian School of economists, attempts to fix price ceilings on what are considered to be a few essential commodities result in marginal producers of those commodities incurring losses and hence discontinuing production, causing shortages of the very commodities the ceilings were intended to protect. The government then, if still interested in pursuing the logic of price controls, must expand its controls to those factors of production necessary for the essential commodities, so as to keep the costs of those factors low enough that marginal producers of the preferred commodities will no longer suffer losses. But the development again only repeats itself, and government must continually expand controls to ever remoter planes of production. Eventually, all consumer goods and factors of Fascism as Economy Due largely -to the semantic contortions of Kremlin propagandists and New Left sloganeering, it has become almost impossible to study fascism as an economic system, for all too often political denigration has obscured the fad that fascism has historical antecedents as a particular economic system and did, in the course of its ascendancy, itself advance claims to uniqueness. When Mussolini, a life-long socialist, began to construct the economic foundations for the first fascist stale in 1922, he seized upon the historical antcccndcnt of guild socialism as the philosophy for his own "corporate statism," which distinguished itself from Marxian socialism by nominally retaining private ownership while investing all control in the state. The fiction of a market economy was preserved, but the system was socialist to the core. With the axis alliance, Mussolini sought to model corporate statism more closely to the National Socialist Zwangswirtschaft, the "compulsory economy" wherein private ownership nominally existed under totalitarian slate control. Other fascist states followed suit, making the Zwangswirtschaft pattern the distinguishing characteristic of fascism as an economic system. In each case, moreover, the rudiments of that system were laid under non-fascist governments, such as Bruning's, with the institution of comprehensiveprice controls. continued on page 4 Farewell to Stanley H. Fuld by Herald Price Fahringer On December 31, 1973, Stanley Fuld left the New York Court of Appeals and took with him more than a quarter of a century of judicial grandeur. Much has been written about his retirement, and yet I am unable to find any words large enough to carry the feelings of thoseof us so saddened by this enormous loss to our government. Nevertheless, I am compelled to add a few words to the thousandsthat have already been recorded. During the threedecades Judge Fuld occupied a place on our highest court, he left a shining trailof opinions and judgments through 50 volumes of the New York Reports. He charted a course across virtually every province of the law, and his voice carried to every corner of this country. There is not a section of the New York law that does not bear his imprint. Although he labored tirelessly at improving all phases of our legal system by making it more humane and civilized, he will be remembered most for his devotion to human rights. He believed that people mattered more than dogma, compassion counted more than righteousness, and thebest test of government was its humanity. He gave his genius to thepoor, the wronged and the disadvantaged. He was their champion. It would require several volumes to adequately discuss the deluge of decisions left in the wake of Judge Fuld's career. However, no tribute to him would be complete without mention of a few of his landmark decisions. He led the children out of the darkness of a medieval children's court into the daylight of due process by insisting that they, like adults, be presumed innocent and be proven guilty beyond a reasonable doubt.1 Deeply committed to thisbelief, he held out against the rest of the court until his views were unanimously supported by the 2 UnitedStates Supreme Court. He guaranteed to men accused of crime stranded behind the locked doors of police precincts the right to counsel. 3 In his eyes no life was worthless. For he believed that "the worst criminal, the most culpab|{ individual, is as much entitled to the benefit of 4a rule of law as the most blameless member of society." He was confident that equal treatment under the law was the primary index to a nation's civilization. He had a high regard for the right of privacy and was convinced that the fourth amendment meant what it said. Consequently, he held ihe police to high standards of of investigation and would not tolerate the exploitation 5 evidence unlawfully acquired by the state. Although recognizing the need for carefully controlled electronic surveillance in the investigation of crime, he warned for history to remember a man, then no man is worth prosecutors about the danger of inflaming federal-state remembering. relations.6 When the "law and order" syndrome became popular, some judges panicked and retreated from FOOTNOTES constitutional principles, but Judge Fuld stood steadfast. The bright glare from his fearless opinions lit up the entire 1 In re Winship, 24 N.Y.2d 196 (1969), dissenting opinion. firmament of the criminal law and could be seen as far 2 away as Washington.7 In re Winship, 397 U.S. 358 (1970). Judge Fuld stood guard on the furthermost frontiers 3 swept by the storms of public People v. Donovan, 13 N.Y.2d 148 (1963); People v, of the first amendment, reproach, protecting what the rest of us should be allowed Dißiasi, 7 N.Y.2d 544 (1960); People v. Waterman, 9 8 to read and see. For he had an abiding faith in the N.Y.2d 561 (1961); People v. Huntley, 15 N.Y.2d 72 public's ability to choose between the bad and the good. (1965). 4 creating pornography Judge the hard-core Fuld In test, People v. Donovan, 13 N.Y.2d at 154. designed a new method of measuring obscenity which was applauded by scholars all over the country, was 5 People v. Rodriguez, 11 N.Y.2d 279 (1962). acknowledged by the United States Supreme Court,9 and 6 People v. Dinan, 11 N.Y.2d 350 (1962); People v. was adopted by the Supreme Court of California. 10 When news reporters were cast out of the courtroom McCall, 17 N.Y.2d 152 (1966);Pe0p/e v. Kaiser, 21 N.Y.2d 86 (1967); People v. Cohen, 18 N.Y.2d 650 in a celebrated New York trial, he rushed to theiraid and (1966); People v. McDonnell, 18 N.Y.2d 509 (1966). reinforced their right to comment upon public trials.1' He also voted for a lawyer'sright to harshly criticize judges, 7 because he believed that the riggings of our judicial system People v. Spano, 4 N.Y.2d 256 (1958); Spano v. New and the men who man those ships of state were of York, 360 U.S. 315 (1959). 3 sufficient stature to withstand such public comment.1 8 People v. Richmond County News, 9 N.Y.2d 578 He could not bear seeing lives placed in needless (1961); People v. Carlos, 24 N.Y.2d 865 (1969),rev'd, danger. He was convinced that "the rule of non-liability is Carlos v. New York, 396 U.S. 119 (1969); Larkin v. of with the life about variance with us, out tune at G.P. Putnam's Sons, 14 N.Y.2d 399 (1964); Burstyn v. modern-day needs and the concepts of justice and fair Wilson, 343 U.S. 495 (1952). dealing."13 Therefore, he had clapped in irons the insufferable guest rule which prevented Americans 9 Manual Enterprises v. Day, 370 U.S. 478 (1962); traveling in Canada from suing their hosts. 14 He broke Gtnzburg v. UnitedStates,3&3 U.S. 463 (1966). down the ancient barricades protecting hospitals from 15 liability for harming others through their carelessness, 10 Zeitlin v. Arnbergh, 59 Cal.2d 901, 383 P.2d 152 and protected small shareholders from the misuse of (1963). "insider" information. 16 He was not afraid of his office. Oliver v. Postefl, 30 N.Y.2d 171 (1972). And when he was finished our world was a better place in 1' which to live. 11 In re the justices of the Appellate Division, First Those of us who never knew -the court without him Department v. Erdmann, 33 N.Y.2d 559 (1973). regret deeply his being taken from us so discourteously large judicial left of life and while there is still such a sum 13 Blng v. Thunlg, 2 N.Y.2d 656, 667 (1957). talent. We wonder what we will ever do without him. But the people who will most severely feel his loss are the 14 Babcock v. Jackson, 12 N.Y.2d 473 (1963). injured, the impoverished, the ignorant, the young, the powerless, the friendless, the unpopular, and the wretched whom he watched over so carefully. The uncelebrated 15 Bingv. Thunig, 2 N.Y.2d 656 (1957). millions of little people, who oddly enough never knew his name, will miss him most of all. And if thatis not enough 16 -Diamond v. Oreamuno, 24 N.Y.2d 494 (1969). �January 9, 1973 Opinion 4 Joyce Teaches BAR/BRI Ist Year Protests continued from page 1 the grading system, changing it from a four-tier to a five-tier structure with the addition of a than grading alone, situations* ranging from the extent of Faculty authority to the basic philoso-': phy of legal education. Q+ grade. Earlier in the year, there had As indicated in two early pro- been indications of freshman dispetitions, the protestors test ob- content over administrative planjected that it was unfair to impose ning relating to class size and the the.new system on a class which decision to install the snack bar in had never been consulted prior to locker rooms previously used the decision, had received no ad- largely by freshmen. vance notice of its implementa"The discontent has been builtion, and had relied upon the for- ding, just beneath the surface," system's both commented standards, one SBA representamer in selecting the Law School and in tive. "The grading decision, impletheir fall semester performance. mented unannounced and right A number of studentsactive in before finals, just threw the spark the protest appeared, in discus- into the powderkeg." sion with Provost Schwartz, motiOther SBA sources indicated vated by fears that the five-tiered that they felt that the Faculty decision grading system might encourage on December 5 was not increased academic competition, carefully consideredbut rather reto which they were philosophical- sulted from longstanding Faculty frustration with recurrent atly opposed. When the Provost volunteered tempts to revise the grading systo answer questions from the ap- tem. The sources expressed the proximately forty freshmen atten- hope that the Faculty would reding the SBA meetings, a number medy the failure to consult the of protestors revealed their dissa- first-year class by accepting the tisfaction with situations other APPC recommendation. Joint Degrees continued from page 1 social sciences departments would, according to their present policies for Ph.D. candidates, provide support for no more' than four years, while the fifth year would be supported by Baldy scholarships or other funds. As nominated by the Law School's Committee on Committees, faculty selected for the Advisory Board include Provost Schwartz, Barry Boyer, Marc Galanter, Daniel Gifford, William Greiner, Robert^Gordon, Al Katz, Norman Rosenberg, and L. v Thorne McCarty. • Waiver Forms to be Available Fee waiver applications for the second semester must be filed no later than the Friday of the second week of classes of the second semester. Applications for fee wai- vers will be available in the SBA office not earlier than the first day of classes for the second semester. Criteria for fee waivers will be posted around the school. the GADFLY .. continued from page 3 Even so, it will probably be argued, it couldn't happen here, not in America with its long history of democracy and free enterprise. Nevei*, not in America Let the left-wingers scream all they want about fascist oppression. In an article appearingrecently in the HarvardBusiness Review, C. Jackson Grayson, who knows the effect of controls from his experience as head of the Phase II Price Commission, wrote in reference to the long-termeffects of controls that "the resulting system will probably not have widespread public ownership of production and distribution, but it will have public control." Private ownership, but public control Zwangswirtschaft corporate statism fascism, it is happening here, right here in the U.S. of A. .. . . .. State of the Union: Unabridged Version Surely there are those who would not find Grayson's prognosis conclusive, who would be incredulous at the suggestion that well-intentioned liberals have resurrected corporate statism. They would demand to know where, if this be "corporate statism, there exist the corporative councils of fascist Italy or the Betriebsfuhrer structure of Nazi Germany, the mechanisms whereby labor and management were forced into government corporations. Senator Vance Hartke has the answer. Lauding the "most massive restructuring of any type of corporation" in the nation's history, Senator Hartke recently announced the outcome of a December Senate-House conference on the United States Railway Association bill, a measure which would absorb railroads in a 17-state area into a government corporation supported by $1.5 billion in federal loans. The composition of the corporation: "the Federal government,rail management, rail labor." It w,ould warm the cockles of II Duce's heart. Perhaps President Nixon will give us the true State of the Union later this month OneNation, Under Controls. - -LEVI continued from page 1 problems of law which it is felt will figure strongly on the bar exam. Emphasis is placed on familiarity with the types of bar exam questions which appear, and with the areas of law traditionally stressed on the exam. This year, for the first time, the Marino course is developed and taught by Mr. Marino and a few associates, rather than a staffculled from law schools. The course costs $200, and is available from Marty Miller. Last year, 87% of Buffalo students taking the course passed the bar. BAR/BRI is billed as "thebest of both worlds." With a staff of lecturers and legal scholars from the thirty states in which BAR and BRI operates to choose from, the course offers complete outlines of New York law. 13 of its 16 lecturers are from New York state, chosen for their teaching ability. In addition, the course offers a complete "Directed Test- ing" program designed to acquaint the student with New York bar exam questions, and to prepare him for the bar exam experience itself. Emphasis is placed on specific areas of law stressed traditionally on the exam. The course costs $200, and is available from John Levi, Lance Mark, and Nat Wong. Last year, 8 of 11 Buffalo students who took BAR/BRI passed the bar exam; 88% of the students who took the course statewide passed the exam. Moot Court Readies Teams Maying selected twenty-five candidates from the thirty-six freshmen and juniors who competed in this year's Desmond Competition, the Moot Court Board has currently divided into teams and launched preparations for this spring's four interscholastic competitions. The Board has already begun research on the international law problem of the traditional Niagara Competition, in Which U.S. and Canadian schools participate, and candidates researching the briefs have been constrained to work over vacation and intersession breaks in order to meet the brief deadline of February 4, the date second semester commences. The competition itself is scheduled early in February. Research has also begun on another international law competition, the Jessup, whose regional, national, and international rounds commence the first week of March. That same month, another Moot Court team will be entering a Patent Competition in Washington, D.C., the1specifics of which remain nebulous at present according to board members. The Board is planning, for the first time, to sponsor a competition of its own at the Law School, which competition will involve a tax problem being formulated by Greiner Resigns Bill Greiner has submitted his resignation as Associate Provost, effective September 1, 1974, and Provost Schwartzhas accepted the resignation with deep regret. In a memo to the Faculty, the Provost expressed his appreciation for "all of the efforts that Bill Greiner has contributed toward the successful development of the Faculty." Professor Kenneth Joyce. Sched- uled for early in April, the Tax Competition has involved five candidates working on administrative preparations, in addition to the five theboard usually assigns to research the team's brief for a lected this spring, the Board members will, after having evaluated candidates' performances in their assigned duties, decide which to admit to the Board next year. According to present policy, the School will award three crecompetition. dits to those who both work on a S c I ected to chair the four competition this spring in a reteams have been Board members search capacity and actually argue Gary Schmitt for the Niagara, Jo- in a competition next year. Norseph Burden for the Jessup, James mally, the work is apportioned so Devoy for the Patent, and Benjathat Board members argue and write the briefs, while the candimin Idziak for the Tax. among From the candidates se- dates perform the research. Feature Editorial by Kay Wigtil After many complaintsby students, a cafeteria was finally installed in the law school last month. Since that time, the environmental quality of the second floor has deteriorated drastically. The tablesare covered with empty crushed styrofoam cups, papers, and uneaten food,while the wastebaskets go hungry. Although we recognize the fact that law students are tiredaround exam time, we believe they shouldbe able to walk two to ten feetand lift their arms up to throw away their garbage. The responsibility for keeping the cafeteriaclean shouldbe taken more seriously. In this connection, we urge all students to clean up after themselves. We also urge that students follow the example set by some of the faculty by bringing their own mugs for coffee, or by reusing styrofoam cups during the day. Wanted: Opinion ? Sometimes we doubtit. We, by the way, are Opinion editors. Our number is few and getting fewer, yet we still manage to publish an issue every 3 weeks. Just barely, whichis the point of this appeal. Next semester,'there will be a number of editorial and staff positions open to interested students. Journalistic skills are always welcome,but interest is enough. Quiet our doubts. Show us Opinion is wanted. It's your paper. Join it. WANTED:staff Photographers News Reporters Feature Writers Business & Advertising Layout Drop by or leave us a note. Room If you want us, w« want you. SportsReporters 623. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1974-01-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/cc32fc617b48b3a90ddbe98f95454869.pdf 66ae0d8dc06cfec3c4b1cc8ce13324b1 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B. North Campus Buffalo, New York 14260 Volume 14, No. 4 State University of New York at Buffalo, School of Law Non-Profit Organization - U.S. Postage PAID Buffalo, New York Permit No. 708 December 13. 1973 Largest Desmond Competition Ever by Lance Mark This year's eighth annual Charles S. Desmond Moot Court Competition was held between November 27thand December Ist at John Lord O'Brian Hall. Thirtysix law students grouped into nineteen teams participated in a combined round robin and elimination form of argument, constituting the largest number ever to compete for Moot Court. The case dealt with the right of a church, known as the Churchof Spiritual Enlightenment, to legally use marijuana in its religious servi- ces in order to achieve communion with its god figure, the Lord O'Brian. The central issues involved the constitutional freedoms of exercise of religion under theFirst Amendment and equalprotection under the Fourteenth Amend- the board, this was an introduction to things to come. cy to Finalists and Awards Upon completion of the evenings of round robin competition, the five highest scoring teams on to the semi-finals. This year's semi-finalists were Donald Bergevin, RobertBrennan, Patrick Gaura, Carl Goldfield, Eileen Greenbaum, DennisKitchen, Tom Lochner, and Linda Tadsen. From these, the two highest scoring teams of Bergevin-Brennan and Carl Goldfield advanced to the final round on Saturday, December Ist, in which they appeared before Judge CharlesS. Desmond, retired Chief judge of the New York Court of Appeals; Hon. Matthew ). Jasen, Associate Judge of went Competition Finalists: Brennanand Bergevin Runner-up: Goldfield ment. TheProblem The equal protection argument was based on an earlier Arizona case, in which^. members of the Native American Church, all of whom are Indian, were granted an exemption by the federal government to eat peyote as part of their religious practice, without fear of criminal prosecution. Kay Latona, Marty Miller, and Timothy Toohey, members of the Moot Court Board, created the factual problem and designed it in such a way that there was a conflict between the U.S. circuit courts, thereby necessitating review by the Supreme Court of the United States by writ of certiorari in order to resolve the split in decisions. Competitors were given approximately one month to research and prepare a brief for either the petitioning government or the respondent church. Each team was free to choose the side that they wanted to brief. RoundRobin Under the round robin method of competition, each team had to argue their case at least once each night for three successive evenings. On the second night of the competition, each team was required to switch and argue the opposite side from that which it had briefed. In this way, participants were put to the test of seeing how conversant they were with the case as a whole. Knowing both sides of any case is important, both at the trial and appellate levels, in order for a lawyer to be properly prepared, and it was primarily for this reason that the reversal was required. In addition, when board members compete in the various regional and national Moot Court events, they too are made to switch sides in an argument. Often therules of the particular competition require that a team brief, as well as argue, both sides of the controversy. So, for those participants who will ultimately be selected for Candida- L«vi by Best Brief: Slonim and Howard the New York Court of Appeals; Hon. John S. Marsh, of the Appellate Division-Fourth Department; and Professor Kenneth Joyce of the U.B.Law School. The winning team members in by Ray Bowie this year's Desmond Competition were Donald Bergevin and Robert Having seen only an empty Brennan, two second-year students. Carl Goldfield, a junior room undergoing electrical wiring who competed by himself, was the Friday previous, students the runner-up. An award for Best were, in the words of Food SerOralist was given to Raymond vice Manager Al Taylor, "really Bowie, a first-year law student, surprised" to find a fully-operatioand awards for Best Brief were nal snack bar awaiting them the presented to Bert Slonim and J. morning of Monday, December 3. Carlton Howard, Jr. The reality of the long-awaited All winners were selected on O'Brian cafeteria was, however, the basis of the highest average confirmed two days later with the number of points given for the Grand Opening of the facility herbrlefs and/or oral arguments. alded by five cent coffee. Scoring of the appellate arguAccording to Mr. Taylor, who ments was done by members of manages all Food Services operatthe local bar, judiciary, and facul- ions on the North Campus, the ty who served as judges in the opening of the snack bar in the competition rounds. The briefs, former 2nd floor locker rooms which were weighted at one-third was the product of several months of the overall score, were graded planning after the Health Departby a five-man committee of the ment rejected Food Service's original proposal for a basement Moot Court Board. The Desmond Competition, rathskeller. "The Health Departwhich was open to all first and ment suggested a plusher dining second year law students, was hall," he said, "but this was too concluded by a cocktail hour and expensive, and no permanent buffet dinner on the fourth floor changes can be made in the buildof the Law School, where the ing for one year." Since the 4th victors celebrated and everyone floor was ruled out due to the indrank to the fact that the whole adequacy of the elevators, Food ordeal was finally over. Selection Service drew up plans for the 2nd of candidates to the Moot Court floor, the locker rooms being the Board will be made this week, and only alternative. those participants chosen will be Food Service chose the smaller notified by letter. of the two rooms, Mr. Taylor sta- BestOralistlßowie^TirnTooheypr^^ Snack Bar Opens; MobbedFirst Day - Phot* led, as it was more efficient given during busy hours and late afterthe number of employees avail- noons. able to staff the facility, while the Food Service operates the larger room was reserved for scalsnack bar by bringing hot food ing. from the Governor's Residence Over the past two weeks, cam- Halls, where the food is prepared pus maintenance has installed a and then delivered in heated consink, running water, electric out- tainers to the snack bar, which lets, and lighting, and despite the then places it in the hot cabinet priority maintenance workers had prior to serving.Pastry is supplied to give the construction of bus by the Campus Bakery located in shelters, preparatory work on the Harriman Hall on the Main Camsnack bar was completed on time. pus, where incidentally Mr. Taylor Before Food Service could move says students can purchase donuts wholesale. Only preservables are in its equipment, however, mainkept in the refrigerator overnight. tenance had to install a "security Food Service has, Taylor gate" at the entrance to the room, added, set no budget for the snack but once thai was done on November 30, Food Service was free bar operation but plans, after 30 to move in on Saturday to prepare days, to evaluate the hours and menu to determine budgeting. for the Monday opening. Commenting on patronage durEquipmentbrought in by Food Service, said Mr. Taylor, included ing the first few days of operaa refrigeration unit, a hot cabinet tion, the Food Service Manager for warmingpre-heated foods, hot cites the hours of 8 to 10 am, tables for serving, coffee machines when the demand is chiefly for donated by vending, and of pastry and coffee, and the hours course, the cash register. Tables from 10:30 to 1:30, when lunch and chairs came from Tower Hall is the order, as the busiest of the on the Main Campus when it was day. From 3 to 5 pm, on the other hand, business has been closed as a dorm. The staff, twowomen whohad "very slow." Overall, Mr. Taylor feels that previously worked on Main Campus, are veteran Food Service the facility has "been received employees, both with over six quite well by faculty, staff, and years experience. Two part-time students," although he admitted continued on page 4 students have been hired to assist �December Opinion 2 Editorials Candid Cameras While negotiations for the installation of an extensive television security system in O'Brian Hall seem currently in a state of timbo, it is understood that campus security will eventually be invited to discuss the matter with the Faculty before any action is taken. As was the case last week with President Ketter's hushed visit to the Law School, no plans, as far as we know, exist for wider student consultation on this highly controversial issue. Yet, if all that talk about we at O'Brian being an academic community is to have any credence, the student body cannot be frozen out of these discussions, for surely, it will be students who will be most affected by this pervasive surveillance system. SBA has taken a stance in opposition to the measure at this time and this, we understand, has been communicated to the Faculty. But if campus security is planning to make further presentations of security measures, it is suggested that, in addition to the Faculty, such presentations be made before the SBA or before an open meeting of the student body. Otherwise, students in O'Brian Hall will feel themselves strangers in a world they never made. Key to Progress? Tis a pity that the SBA Board of Directors, what with a new grading system, mandatory health insurance, and LSAT thumb-printing crowding their agenda, saw fit last week to devote such an inordinate amount of time to debating whether to issue themselves keys to the inner SBA office. Some directors seem to feel that the individual acquisi- 13, 1973 President's Corner by Marty Miller Following considerable analysis following resolution: and discussion the Board of Directors of the Student Bar Association has approved the final budget for the 1973-74 academic year. Student organizations should by now have received copies of their approvedbudgets accompanied by an explanation as to the methods of obtaining funds from the SBA. The procedures established by the Treasurerare designed to simplify the application for fundsand the requests to pay outstanding bills. The program has been used experimentally since the beginning of this term and has met with considerable success. We anticipate that success to continue. Surprisingly few students have so farcommented upon the installation of closed circuit television surveillance equipment in O'Brian Hall. This item appeared upon the agenda of the SBA meeting of November 16, 1973, at which your representatives passed the TO: FROM: RE: "Whereas, electronic monitoring or surveillance should be the last resort in security measures and utilized only where no other measures suffice; Whereas, there is no evidence of a security problem sufficient to warrant electronic surveillance measures in O'Brian Hall; Whereas, the proposed television monitoring system is extravagant in expense, omnipresent in terms of its patterns of coverage, and open to easyabuse; And, Whereas, the installation of such a system would have a "chilling effect" on social and academic interactions, therebyposing a potential invasionof privacy; BE IT RESOLVED, that the Student Bar Association strongly oppose the installation of television or other electronic surveillance devices in areas of O'Brian Hall other than Library exits; AND BE IT FURTHER RES- All Faculty, Students and Staff R.D.Schwartz Professor Thomas Rickert All investigations regarding the whereaboutsof Professor Rickert have thus far yielded no results. We know only that he has disappeared, abandoning his car at Niagara Falls. It is hoped that he is still alive, but that is uncertain. Many of us feel the need to express our deep distress at his disappearance. We have not yet decided on an appropriate way of doing so. Suggestions arc most welcome and shouldbe directed to Dp.in Miirjoric Mix or Provost Schwartz. tion of keys to an office to which they have never needed access in their capacity as directors is a symbolic equalization with the executive officers, who have keys to thai office simply because they have frequent and legitimate need for the confidential records, irreplaceable minutes, and valuable To the Editor: equipment stored in the inner office.As a recent graduate of U.B. It would seem that SBA might be better served if the Law School, think my recent directors eschewed symbolic crusades in favor of concrete experience mayI be of some inteand substantive actions for the benefit of theirconstituents. rest. 1ran as an Independent candidate for Dunkirk City Attorney in this past November election. As such, I was perceived as being less than desirable by the local DemoAssociate Provost William Grcincr is to be congratulat- cratic machine. They had the only ed for his work on revising the present grading system, which other candidate for that office, a culminated in the adoption last week of a revised grading 7V< to I registration differential system by the faculty. Greiner has managed to devise a over the Republicans here, and I system which meets the needs and expectations of a faculty am a registered Democrat. Through their efforts the which would rather see pass/fail or a return to number gradBoard of Elections rejected my Ining, depending on who you talk to. The new system is descridependent nominating petition bed on page 6. which contained almost twice the Now it is the students' turn to register their support or necessary number of signatures. opposition. The new scheme was designed taking into I decided to appeal what I account past student referenda and other evidence of stuthought to be an unjust decision dent views; now we can react to it. Opinion has reserved to the State Supreme Court. I box No. 74 on the third floor so that students can register argued there against the County their opinions; a form is provided below for simplicity. The Attorney and the City Attorney mailbox is taped open, so that you can put your response in and I won. No sooner had my elation subfrom the front. We urge all students to make themselves heard, so that the faculty can have an accurate gauge of our sided thanI was informed that an appeal was being taken to the Apfeelings. pellate Division, ft seems that I missed being able to argue at the opening day of the Moot Court First year The HD should: □ Room by only one week. The apD Second year □ be kept peal was heard on October 1 5th. Third year be removed D D I was again victorious at the doesn't matter G Appellate Division. However, the The Q+ is: day I received notification that I r I The new grading system should a good idea was affirmed in the A.D. I also a bad idea a be applied to my class: received notice that an appeal was doesn't matter □ this semester O being taken to the Court of Apretroactively n peals. And that the argument not at all D wouldbe heard in I/i days! Needless to say, that period of COMMENTS time was hectic. After preparing all night on October 18th, I packed my bags, jumped into my car, and headed for the airport in Please deposit this slip in box No. 74 on the third floor. Buffalo to catch a plane to Alba- OLVED, that the Student Bar Association bring its opposition to the attention of the faculty, and administration and request that all planning along those lines be dropped." Once again I implore students who have any comments in regard to this concept to contact me by Christmas vacation. Kindly limit your thoughts to no more than three typewritten pages. . A few observations on the times. I have discussed the possibilities of the Placement Office sponsoring a number of symposiums regarding employment opportun- ities for all students. Ms. Hollander has indicated a willingness to assist in the development and sponsorship of such programs. If you have any suggestions I urge you to try and formulate a written proposal and submit it to either Ms. Hollander, or a student member of the Placement Committee. Out of the clear blue (sic) sky it seems that FSA has fulfilled a quasi-campaign promise. The opening of the new Food Service facility on the second floor featured, of all things, nickel coffee. The addition of FSA Food Service to O'Brian Hall is a welcome change from past alternatives. Hopefully even with the growth of the campus and the development of other food service facilit- continued on page 4 Letter to the Editor Reaction Invited ny. On the Thruway the left rear wheel bearing of my trustworthy vehicle disintegrated, causing the rear axle to slide from its lodgings. This is turn precipitated the destruction of my left rear tire and most of the mechanisms associated with the rear underportion of my car. Not to be melodramatic,but it was pouring rain and even though I monetarily enticed a Thruway employee to drive me the rest of the way, I arrived just in time to watch my plane take off. My wait foranother flight was not enhanced by reading a copy of my opponent's brief. It seems that he had inadvertently (?) given me ten cover sheets and an appendix, all neatly stapled together. Upon arriving at the Court of Appeals, a building somewhatresembling Tara, I picked up a copy of my opponent's brief and discovered that the counsel against whom I would be arguing was a highly experienced appellate practitioner who possessed an LLM. degree. The argument room itself, where Cardozo sat, is certainly one which does not elevate the egos of those who argue there. Immediately following my argument before the inquisitive panel I retreated to a dimly lit bar and attempted to soothe my psyche. I again won in the Court of continued on page 4 . Editor-in-Chief: John Levi Managing Editor: Ray Bowie Photography Editor: Chris Belling Alumni Editor: Earl F. Carrel Opinion ■ Articles Editor: Skip Hunter Features Editor: Kay Wlgtil Sports Editor: Skip Hunter, M.C. Staff: Frank Buffomante, Cheryl Pestell, lan De Waal, Gary Muldoon, Karen O'Connor, Dave Stever, Rich Tobe, Peggy Belling, Lance Mark, Terry Centner OPINION is published every third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B Amherst Campus, Buffalo, New York 14260. The views ex- in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class pressed postageentered at Buffalo, New York. OPINION Is funded by SBA from Student Law Fees. PI —!| r Ij II -y- -. I I |fl The SBA's stationery has taken on a new look, with this distinguished logoreplacing the stodgy look of old. Let's hope this isn't just another pretty face,but that there's some intelligence un- �December 13, 1973 Opinion the G1DRY Dagger in the Heart by Ray Bowie The shifting sands of Watergate are tread only with peril these days by even the most venturesome of columnists, for even the politically prescient of their number have been disappearing in disrepute beneath a muck whose bottom recedes furtherwith the bursting of each "definitive" presidential pronouncement. Where political columnists have found the Watergate muck a hazard to their profession, however, others, more intent to engage in politics than to comment thereupon, have found in the muck a weapon to advance theirs: the destruction of Richard M. Nixon. While the same elements, well represented at this institution, will-indubitably interpret this column as a defense of the Nixon Administration and attendant "horrors" rather than as the defense of due process it purports to be, their interpretation is foreseen as inevitable and hence will give rise to little chagrin. To be sure, the actions and statements of Mr. Nixon and his spokesmen make separation of the issues a difficult chore at best, one apparently too difficult to undertake for the increasingly substantial minority revealed to favor the President's impeachmentand conviction in recent public opinion surveys. But to extricate due process from the Watergate morass and reaffirm its integrity,particularly in the face of concerted efforts to achieve political advantage from the present confusion, is a duty incumbent upon all who wouldbolster a Constitution reeling under the depredations of Watergatersand critics alike. In a Nutshell Due process, indeed, is the heart of our jurisprudential system, and it is not too strong to say that the Constitution prospers or falters according to the degree to which due process is respected. "Due process of law in each particular case," wrote Cooley on Constitutional Limitations, "means such an exercise of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe." The Constitution in a nutshell. The maxims of law to which Cooley refers generally affirm that where any question of fact or liability is conclusively presumed against the party affected, that party has not been accorded due process, and yet this is the situation into which the burgeoning impeachment movement wouldwish to place President Nixon. TheEnemies List Strikes Back Nationally, that movement includes long-time Nixon foes such as the American Civil Liberties Union, the AFLCIO, the National Lawyers Guild,and the National Education Association, along with an assortment of Democratic politicians and newspaper editors, all of whom would happily have had Nixon impeached in Januaryof 1969 had a credible pretext been available. Locally, the AFL unions have harkened to Meany's bark by rigging up their political action machine for an impeachmentcampaign, Chevy dealer Dan Creed has contributed his predictably tasteless advertising to the crusade, the ACLU has declared Nixon outside the pale of civil liberties, and Joe Crangle is being, well, Joe Crangle. Impeachment, as even proponents of it admit, is indeed a momentous undertaking. In the history of the Constitutional provision, there have been only five, involving three U.S. District Court judges, a member of the old Grant cabinet, and, of course, Pres. Andrew Johnson, of whom only the judges were convicted in cases involving drunkenness and disloyalty. That provision (Article II Section 4} stipulates "Treason, Bribery, or other high Crimes and Misdemeanors" as impeachable offenses,, though the many treasons in English law were reduced in this country to two, waging war against the U.S. or adhering to its enemies. The controversy has always centered about the latter offenses, the high crimes and misdemeanors. The offenses were added,it has been speculated, when the Constitutional Convention'took note of contemporary impeachment proceedings brought by the House of Commons against the British Governor of Bengal for "high crimes and misdemeanors" involving the, confiscation of, property and suspension of civil liberties. More recent interpretationof these vague phrases, including, that'given much publicity when admitted by a disillusioned.Gerald £ord, is that impeachable offenses are.whatever a majority of the House says they are. Evidence?. .Don't Confuse Me! Be that as it may, an impeachment is equivalent to an indictment in an ordinary criminal proceeding and, as such, must, entail the same due process safeguards to the party affected, including the requirement of sufficient prima facie evidence to support an indictment against that party. Extending the usual presumption of innocence, the question, of .course, is whether sufficient legal evidence exists to implicate the President pe,rsonally'rn.'an indictable I; ■"■"' matter. ;■■ ■. •' . 3 .' ~ '"" Legal evidence, in this sense, must be of such a character as to prove a point substantially rather than to merely raise suspicion or conjecture, something Mr. Nixon has succeeded in doing well on his own. In the events surrounding Watergate, however, only one witness, John Dean, has pen sonally implicated the President, and his evidence is basically a supposition based on an interpretation of a brief remark Nixon made to him last September. Other "evidence" has thus farbeen advanced by the impeachment movement for the solepurpose of discrediting the President to the point where neither the public nor his potential Congressional jurors will consider him worthy of belief, a result which has obtained due largely to Nixon's own secrecy and deceptionplaying into their hands. Regardless of Nixon's part in the destruction of his own credibility, however, the type of evidence used to discredit a witness, evidencehere present in abundance, is simply not the substantive prima facie evidence required to support allegations in an indictment proceeding, nor can it even serve as circumstantial evidence which might imply the President's involvement, despite contentions that he must have been involved because he "should" have been involved. The Hanging Judges In lieu of substantive evidence, the impeachment movement has, as indicated by a recent ACLU meeting in Buffalo, resorted to a series of makeshift offenses, most of them ad hoc and ex post facto so as to create grounds and allow evidence to convict Nixon, that arch-fiend to whom reasonable doubt cannot apply. And whenever makeshift offenses need to be manufactured to cruirgc or convict a party, it is clear that the manufacturers of such offenses are motivated notby respect for due process, but by either personal or ideological opposition to the target of their actions. Such, of course, is true of the elements allied in the impeachment movement. Many of these elements have opposed Mr. Nixon since the early 50's, and, since 1969, most have accepted his impeachment as necessary and spent much of their time formulating "offenses" to warrant it, regardless of the damage to due process. Their situation would seem analogous to that of the prosecutors of Sir Thomas More, who tell More that they would level every law in England to pursue the Devil but are nonplussed by More's inquiry as to how they would then defend themselves should the Devil assume pursuit. Proclaimed civil libertarians all, the impcachers might well ask themselves how, with due process warped beyond recognition, they would defend civil liberties from future infringement, perhaps by the same Nixon whose "special circumstances" supposedly now warrani Ihc warping. Defense of due process is in no sense an exoneration of Ihc Nixon Administration and the impeachers must be wary of making the equation, for if that Administration goes down, it musl not lake due process with it. Serious charges have indeed been laid against the President, and Congress cannot shrink from fully investigating and, if necessary, fully prosecuting any of them. But while Watergate and attendant events have severely battered the body of ihc Constitution, the impeachmentmovement, in ignoring due process, has aimed a dagger at its very heart and, with every convert, moved it closer. AmericIan njustice by the Buffalo Chapter of the National Lawyers Guild demands for those human and civil rights that have long I The following is an open leiier from a group of prisoners been denied to people held under the iron heel of the from Walpole, Massachusetts' maximum security prison: system, whether we be in ghettos or reservations, in sweat shops or mindless schools, or in prison. We call on all prisoners lo join in a nationwide prisonThree million dollars and all the fantastic resources of the slate of New York have been geared to convict the 60 ers boycott ofthe traditional Christmas dinner. We prisoners are expected to pause at xmas-time with defendants to justify the state's barbarity. They have been Middle America: to cat and be merry and feel thankful. indiclcd on 1300 separate counts, calling for thousands of But all across America, hidden behind the myths and the years, plus the death penalty. Their lawyers are all volundollar signs and fancy tinsel, there is hunger of body and teering services, as are many people, but the defense exspirit. The system-enforcers are everywhere; repressing penses will cost over $500,000. people, violating the Bill of Rights, protecting and enforcAnd so we call on people everywhere to join in soliing the priorities and lifestyles of the profit-makers. Forty darity with the Attica Brothers. We ask our people who are million people live in poverty. Millions more can barely not in prison to buy one less xmas gift for each other: and to donate the price of that gift to the ATTICA BROmake ends meet. There is massive inflation, unemployment, broken-down neighborhoods, outrageous price-tags THERS DEFENSE FUND, c/o the NATIONAL on everything from the basic necessities of life lo civil LAWYERS GUILD, 23 CORNELIA STREET, N.Y., N.Y. rights. And for the millions of ThirdWorld and poor white 10014. people, the injustices of poverty, institutionalized racism, From the WALPOLE CHAPTER inequality of opportunity, exploitation and oppression, is NATIONAL PRISONERS REFORM ASSOCIATION PRISONERS AGAINST POVERTY, RACISM AND WAR what life is all about. We prisoners know this. These injustices are whatprison is all about. Attica is to the prison system what the American polThe Buffalo Chapter of the National Lawyers Guild is ice-court-prison business is to capitalism. Attica is the helping to organize this fast We urge you all to give up a reverse side of the American dollar. Attica is poverty is small part of your Christmas and shareit, in the form of a inequality is injustice isracism. Attica is My Lai is ITT is donation, with the Atlica Brothers. Wewill have a table on Watergate is abuse of power is Behavior Modification. the second floor outside of the library from 10 to 2 on Attica was no mistake. The machine-gun butchery carried Tuesday, Wednesday, and Thursday, December 18th to 20th. We will be there to collect your contributions and to out by the self-righteous mercenaries is officially sanctioned. Nixon, Rockefeller, Oswald, those in power, clearly rap to youaboutthis and <>ih<;r Guild projects. understood the effect that widely publicized negotiated settlement at Attica would have on other contained II ghettos. Attica is Law & Order is Status Quo ts every On Monday, the 26th of November, Martin Sostre was prison is every ghello"Ts Attica. There will be no pause for again brutally beaten deep inside the walls of Clinton Prixmas inside Attica. Many of us have always refused lo take any holiday son. This time there were sixteen guards in the goon squad dinners as a silent personal protest. Let them keep their to force Martin to submit to the inhuman rectal examinaturkeys and stuffing, even though it is the only decent tion. Seeing all these goons and fully knowing the consequences, Martin once again refused to submit to this demeal most of us wouldhave all year, WE NOW CALL ON ALL PRISONERS TO JOIN IN humanizing and degradingpolicy of the Rockefeller prison A BOYCOTT OF XMAS DINNER. We will not mourn the administration. Martin was being taken to court in Pittsdead nor sing praises lo the survivors. Too many of us are burgh by "mistake" because an assistant District Attorney still dying, thousands of us arc buried alive. We refuse to placed another prisoner's letter (requesting to be brought take the xmas meal as a gesture of solidarity with the 60 to court for assignment of counsel) in Martin's file. They are no longer content to beat him on his regular court Attica Brothers who are taking the weight. We are protestappearances, now they make up excuses to get him. ing everything Attica represents. Two years ago, after months of being lied to, harrass11l ed, ignored in trying to negotiate their grievances, 1200 On Thanksgiving morning, one ofthe Attica Brothers, men risked whatever they had and revolted. That New York Ikt Of 28 grievances has been echoed for many years Otis McGaughy, was severely burned in his cell in Auburn all over the country, in every prison and city uprising from Prison due to improper actions and incompetence of the Walpole and Wounded Knee to San Quentin and Newark. guards. Sixteen of the indicted Attica Brothers are being They were the same demands shouted for in the Tombs, in illegally held in the solitary confinement section (euphemAlderson and Leavenworth, in Baltimore and McAlister, in istically referred to by Rockefeller's prison administration continued on page 4 Rhode Island'and'Georgia, in New Hampshire and Illinois as the Special Housing Unit). — - - �December 13, Opinion 1973 4 President's Corner continued from page 2 ics, FSA will continue to provide ih is needed service to the law school community. With the advent of dining tables and chairs (unlike the fourth floor), sprawling on the corridor by the elevators on fourshould become a way of the past. In order that we maintain the newness of the building it is necessary that we all cooperate to keep the building clean, and coffee and other goodies on the fourth floor carpet should no longer be tolerated. Parking, I suggest that all individuals visiting Amherst Campus obey the campus parking regulations. The Campus Patrol will be issuing Town of Amherst tickets in the lots, on the roadways, etc. It is necessary that you obey those regulations for the convenience and safety of all persons on Campus. American Injustice continuedfrom page 3 At about 9 in the morning a fire of mysterious origin broke out in Otis' cell. The average cell In a solitary unit is about 5 feet by 7 feet with 3 solid walls and a barred front wall. Otis tried to put the fire out himself but was unsuccessful and he screamed for help. Instead of letling him out of the cell and then putting the fire out, the guards did it the other way around. They showed their racist and inhuman opinion of prisoners by leaving him inside of the cell to burn while they tried to put out the fire. At first they tried to use one but it was too short, so they had to run for another and hook it up and then deal with the fire. Meanwhile, Otis was forced to slay inside of the cell for 15 minutes and roast. This is the third fire in S.H.U. since December, 1972. What kind of people keep other people in cages and don't even have Ihe proper facilities Ie prevent them from burning alive inside their cages! What kind of society calls for this kind of treatment in the name of rehabilitation! When he finally was let out, he was locked in another cell for another 10 minutes before he was taken to the inadequate prison hospital. The Names never touched Otis but the heat was so intense thathe has third degree burns over 40% of his body. One of his cars is almost totally destroyed. Otis is a very gifted and creative artist and he may never paint again because of the severe burns to his hands. When will Rocky's thirst he salisfied? How many more people must he beaten, shut or maimed before we demand a change to such racist, inhuman practices? Letter to the Editor before the Supreme Court, I had been admitted lv practice 5 d.iys ■md a( the Courl of Appeals for cast only 36 days! The Clerk at Lhc of 5000 was told that out I my loss al the polls was in large Court of Appeals thought lhai part due to my being lied up in such an occurrence was al least the courts until only two weeks "unusual." I intend lv write Guinbefore lhc election, and the incon- css tv see If I might have a record spicuous position I was given on of some sorl. Presently I am an Assistant the ballot (Line F, Row 16). I even had a hard lime finding my Public Defenderand lhc Student's Attorney .it SUNY Frcdonia. I name on the ballot. These lawsuits are, I think, of also have a private law practice In some interest in thai I prepared Dunkirk. Sincerely, and appeared pro se in each courl. At the time of my appearance David M. Civilcllc continued from page 2 Appeals, but I lost the election. The plurality was about 240 voles —Belling Snack Bar Opens; Mobbed teen cups the first day, he added that he had "never seen so many tontinued from page I competition from the secretarial coffee machines placed strategically throughout the building. "Hot food is selling well and salads arc going over well with the girls," he continued, "but coffee and pastries arc the best sellers." Citing one student who had at least fif- set up just outside the snack bar for coffee and pastries, thus obviastudents drink so much coffee" ting the line. before coming to the law school. Mr. Taylor announced that Future Food Service plans in- Food Service is searching for a clude retaining the 4th floor ven- name for the facility and is open ding machines for fast services, for nominations. Moreover, he inthe possibility of soda and cigar- vited "any constructive suggestette machines in the seating room, ions and ideas" for the operation and the suggestion that a table be of the snack bar. Environmental Notes by On Thursday, November 6, 1973, Miiyor Stanley Makowski announced the' creation of The Buff.ilo Green Fund. The Green Fund was created through the coopcr.iiivc efforts of Ihe City of Buffalo, Ihc Junior League of Buffalo, and the Environmental Clearing House Organization. Rich Tobe project. Initiation of the project is left entirely to private citizens. Once a citizen decides where he would like to see a particular improvement, the Green Fund will help with the bureaucratic problems. If you would like to see more trees, street furniture (benches), bike racks, planters (for trees, The purpose of the Green shrubs and flowers), garbage cans, Fund is lo aid private citizens in picnic and playground equipment improving the appearance of pubor graphics, and if you have a lic places in the City of Buffalo. place lo put it and a little money, The Green Fund has published you arc urged to contact the 77k1 Buffalo Green Pages. This is a Green Fund. Here is how it might directory of projects th.it citizens work. If you have a place in front can sponsor. The Directory also of your house or on your block lists Ihc approximate cost of the that could use a tree(s) and if you and your friends can raise $15 (or more) per tree, the Green Fund can help. They can help you pick one of 40 trees that will be right for your street, get the required permits, have the sidewalk torn up if necessary, arrange for the City Forester to plant it, and guarantee that it stays healthy for one year. So long as the tree is planted on public land you only have to pay for the tree. You can contact the Green Fund at the Buffalo Museum of Science. Call the ECHO telephone number (896-5200) and ask for the Green Fund. The Environmental Law Society has a copy of the Green Pages. Tenure Teams I. The current visiting commiitecs of the Promotion and Tenure Committee are as follows (convenor italicized): For Professor Boyer For Professor Girth For Professor Gordon For Professor Harring For Professor Holley For Professor Katz For Professor Lochner For Professor McCarty For Professor Rosenberg For Professor Schlegel For Professor Steinbock For Professor L. Swartz For Professor Wenger Professors Allcson, Del Cotto, Goldstein Professors Homburgci, Joyce, Kaplan Professors Atlcson, Buergenthal, Franklin Professors Girth, Joyce, Kat/ Professors Grciner, Hyman, Mann Professors Atleson, Joyce, H. Schwartz Professors Fleming, Kochcry, H. Schwartz Professors Galantcr, Gifford, Newhouse Profs. Buergenthal, Goldstein,L. Schwartz Professors Fleming, Hyman, L. Schwartz Professors Homburger, Kalz, Girth Professors Joyce, Mann, Reis Professors Del Cotto, Gqlanter, Gtcincr 11. The committees for potential Adjunct Professors are as follows (convenor italicized): For Mr. Magavern For Mr. Zimmerman For Professor Zussman Professors Kaplan, Laufer, Reis Professors Gifford, Girth, Kochery Professors Franklin, Homburger, Hyman 111. In consultation with your subcommittee and the Provost, the Appointments Committee has appointed the following visiting committees for Professors M. Gordon and Mazor (convenor italicized): For Professor M. Gordon Professors Boyer, Greiner, Laufer For Professor Mazor Professors R. Gordon, Newhouse, Schwartz ISjB t«J li/ I/If /[I !P I*J\ ' «Jl ALL INVITED .. . *VV TQ\ \ |O< >f *n\ Date: JE pl»": W TODAY. DEC. 13 Time: 3-7 PM CROSS-BOW INN. 3180 Sheridan Drive ) \ X BUFFET. ALL DRINKS. MUSIC. FREE TO LAW STUDENTS one guest 52.00 - - jj S �December 13, 1973 Opinion 5 Sen. Dunne: Attica 'Two Years After' by Kay Wigtil New York State Sen. John Dunne, R. Nassau, spoke on prison conditions and reform at the law school on Nov. 26. In his introduction of Sen. Dunne,Prof. Herman Schwartz told theaudience of Sen. Dunne's interest in corrections in New York City and the state legislature long before it was a 'politically fashionable issue.' Because ofhis efforts on behalf of reform, Sen. Dunne was invited to Attica by prisoners to act as an observer during the 1971 prison rebellion. Prof. Schwartz, also a participant in the negotiations at Attica, characterized Sen. Dunne as one of the most prominent and — Camn*r defendant. A second proposal of Sen. Dunne is the passage of a law requiring every judge to give his reasons for each sentence he imposes. Sentence review would be readily available, either in the Appellate Division or by a three judgepanel of some kind, so that the defendant would be protected against abuse of the trial judge's broad discretion in this area. Parole procedures are also the subject of the Senator's efforts at reform. He criticized the structure of the present parole board because of the lack of qualifications required of its members, and the lack of accountability for its actions. Sen. Dunne would have Provosts Retained, Schwartz Says by Ray Bowie Law School Provost Richard D. Schwartz in- formed Opinion last week that a controversial plan by President Ketter to reorganize the University Ad- ministration, which would have abolished the provosts and consolidated their faculties under several vice presidents, had been deferred for at least two years due largely to opposition from the faculties. "President Ketter," the Provosi said, "consulted with the faculties on the reorganization, and the faculties indicated that they found the present system working well enough." The present system, in which seven provosts act as an intermediate administrative level between the president and individual departments, was established in 1967 to provide the president with a broader perspective Irian thai afforded by department chairmen, but it had mcl wilh criticism from the Middle Stales evaluation team for obscuring administrative responsibilities. Presidential Assistant Thomas Crainc reported early in November that President Ketter, who had described the provosts before Ihe Faculty Senate as "highly parochial" in outlook was considering two alternative models for administrative reorganization, each involving the replacemenl of Ihc seven provosis wilh two to four vice presidents supervising several of the present faculties. Under one model, the law faculty would fall under the responsibility of a vice president for "academic and professional schools," including education and architecture together wilh law. The second model proposed thai a vice president for "social and behavioral sciences," one among four, include the law school among his responsibilities. At the time the Ketter proposals were made public, it was announced by Arts and Sciences Provost John P. Sullivan that "faculty discussion of the proposals so far has been generally negative." Definitive word on the outcome of the deliberations, according to Provosi Schwartz, is that the "plan has been deferred President Ketter has decided not to proceed with thereplacement of provosts with vice presidents." Responding to the accusations of parochiality, the Provost argued that "if you turn that coin over, you find democracy for the faculties and autonomy for the schools." The Middle Stales evaluation team, he added, "found confusion in the middle management area because the evaluators were never introduced properly lo the provosts." Speaking to the criticism that the provost system had failed to provide the president with a univcrsily-wide perspective, Provost Schwartz noted Ih.tl the Academic Affairs Council, on which the provosts and deans represent their faculties, "has made efforts to adopt a university-wide perspective, ■md the success so faris promising." "ll may lake lime to learn how lo cooperate effectively, bul thai may prove the way to move the University forward, by locating ihe modes of interdisciplinary cooperation." The same, he concluded, might prove more difficult through vice presidents. .. PAD Sponsors Drug Law Forum by Skip i luin.-i ,\| q State Senator Dunne Stresses Prison Reform. hardworking of the Observor the parole board restructured by team. region, so the members' time Sen. Dunne's talk centered would not be wasted in traveling around legislation passed or pro- from prison to prison. The memposed by the Senate Committee bers would be required to give prion Penal Institutions, of which he is a member. He stressed community interest in prison issues as the key to reform, and added that young lawyers interested in working in this area provided the hope for developing that community interest. Noting that the Attica rebellion could not have been avoided, Sen. Dunne described the symptoms which brought it about, and proposed reforms designed to eliminate some of the conditions which led to the riot. The first of his proposals attempts to destroy the "system of invisible justice" which now exists, and introduce an element of accountability into the criminal justice system. To do this, Sen. Dunne proposes a formalization of the plea- bargaining process, whereby all negotiations would be part of the record of the case, and the judge's active participation would be brought into the open. To protect the defendant further, unkept promises by the state would revoke the defendant's plea without prejudice, and allow him to go to trial. Although he recognized many problems inherent in plea bargaining, Sen. Dunne said he believes the process should be in the open as long as, society is unable to provide a trial for every soners reasons for a denial of parole, so that he will have a basis for preparing for the next hearing, and will be protected against abuse of discretion by the board. Work-release programs, adopted in over twenty-five stales, is a major reform project of Sen. Dunne's. However, the State Assembly has killed the bill which set up such a program in New York. Whether or not such a program can be implemented, the Senator sees the necessity for eliminating employment restriction on cxprisoners. He told the audience that he would like to sec the State set an example in this area by recognizing the fact that one has "paid his debt to society" by serving his sentence, and therefore hire ex-prisoners without any consideration of their criminal record. During a question and answer period, Sen. Dunne noted that life in penal institutions has not changed or improved since the 1971 Attica prison rebellion. In answering questions about Attica, he said he did not like to think about the rebellion, since it ended so tragically. However, he said, the impact of the event supplied him with the necessary drive to continue working in spite ofresistance to change and reform in the penal system. On Thursday, November 22, 1973, Phi Alpha Delta Law Fraternity sponsored a symposium on the new New York State Drug Law. A distinguished panel was assembled consisting of local attorneys Vincent Doyle and Joseph Tuttolomondo, Chief of Narcotics, Erie County Sheriff's Department. The panel pointed out that the 1973 revision, in essence, mirrors many of society's current concerns and attitudes about the problems inherent in and created by drug abuse. Frustration with the seeming intractability of the drug problem is reflected in the hard line approach to the classification of drug crimes and to tougher and more restrictive sentencing options upon conviction. Continuing the policy begun in 1972 of conforming New York lo either for profit or as gifts. Examining ihc quantification scheme as a whole reveals ih.u two weight standards are now used instead of the previous one; lo the aggregate weight standard heretofore exclusively employed has been added one thai depends solely on the weight of Ihe prohibited substance (eg. 220.09). Those so treated arc "soil" drugs the amphetamines, LSD, Ihc barbituratesand thenon-harbituralc sedatives such as sleeping pills and minor iranquili/ers. Therange from one milligram ofLSD to two pounds of, say, Mil town, (their relative weightsbeing approximalcly I :500,000), both carrying class C felony punishment lor possession presumably reflects, among other factors, the minute quantity required for an abuse dosage of LSD compared to the nun-barbiluratc sedatives. In the instances of substances such as the Federal and sister stale law in Ihc widely used and abused stimarea, the descriptive phrase "danulants, dangerous depressants and gerous drugs" was abandoned in depressants, the fact that they arc favor of "controlled substances." commercially manufactured and Title M-Offcnses Against Public distributed in lablcl, or capsule Health and Morals, Article form, rather than in bulk, un220-Controlled Substances Offen- doubtedly dictated the wcighl-ofses. thc-substancc standard rather than The revision adds a major dimthe aggregate weight one. ension to the definitionsof crimes The sentence-lime on felonies in this article by assigning various felony weights lo categories of has changed -*nd the court's disdrugs which were not heretofore cretion has been restricted. All so classified, and escalating the those convicted of a class A or B penalty for possession and sale in felony must receive a sentence of relation lo the quantity of the imprisonment. All thoseconvicted drug involved. To a greater extent of certain class C and D felonies than former law, increased punishment for possession or sale of certain quantities of proscribed subThe Erie County Bar Associstances, especially those which comwere not quantitatively graded be- ation has approximately 50 every fore, has been correlated lo a par- mittees dealing with almost ticular view of the dangerousness substantive area of law. Many are of the individual substances or active groups which meet often to their categories, both in terms of develop recommendations on potheir deleterious effect on the sitions to be taken by the Bar individual abuser and the likeli- Association. Robert Koren, President of the hood of their broad distribution must receive a jail sentence. Now it is important as lo what class of felony <i defendant pled guilty. Appropriate objections must be made upon sentence. For example, if a defendant' pled lo a class C or D felony requiring jail lime, objection should be made thai the law mandating such incarceration is unconstitutional. It discriminates between, members of a class, it draws an invidious distinction between those who have committed the same class felony, in that it mandates prison for some members of a class, but not others. Another example concerns one who will be sentenced as an A or felon. The objection is that the B law is unconstitutional because it arbitrarily creates a class which has no foundation in logic or law. While the class of felony committed has some relation to the question of deprivation of liberty,it is capricious and arbitrary because it disregards a defendant's background, the circumstances of the crime, and every element other thanclass of felony. Further, it deprives a defendant of due process because no consideration other than class of felony is given the defendant on the question of incarceration. The Eighth Amendment is violated: the law mandates prison and is tantamount to cruel and unusual punishment since no reason other than class of felony committed is assigned as a reason forincarceration. ECBA Committees Open Erie County Bar Association, has consented to permit one or two law students to sit on most of these committees. If you are interested in sitting on a committee, please sign up in Room 504. (A list of the committees is attached to the sign-up sheet). �December 13, 1973 Opinion 6 Cooke Calls for Repeal ofRape Corroboration Faculty Mtg. Notes by Gary Muldoon Lawrence H. Cooke, associate justice of the New York Appellate Division, Third Department, addressed the Law School on December 6 and called for the repeal of the corroboration requirement in rape cases. Cooke stated that the criminal laws "have failed us miserably in this area. Far from acting as a deterrent to the crime of rape, our laws have had a history of permitting women in this society to be raped with relative impunity and, due to their widely recognized inefficacy, they may even be accused of encouraging rape." The main cause of this, he unusual rules of evidence which have the effect of making it impossible, except in the rarest cases, to express, through the criminal law, society's outrage and condemnation of the commission of the crime." The corroboration requirement, he said is justified by "the 'gut' feeling that women as a class cannot be trusted to tell the truth even under oath." This hypothesis, he said, "is patently absurd and richly deserves once and for all to be relegated to the unhappy history of man's inhumanity to man." Cooke presented statistics on the alarming increase of rapes. Between,. 1560. and 197.1 ihcrc was an increase of 146% in the number of reported rapes, a 35% increase between 1971 and 1972, and a 19% rise in the first six months of 1973. These figures, he noted, represent only about 20% of the rapes actually committed. In New York City in 1971, of the 2415 rapes reported, only 100 of them ever made it to the Grand Jury, resulting in 34 indictments and only 18 convictions. New York State, he noted, was one of only seven states that have a strict corroboration requirement; eight states have no strict rule, and thirty-five states have no corroboration requirement at ail. Cooke then discussed thearguments in support of the corroboration requirement. The most frequent argument, that false rape charges would be frequently made, was unsound, he said, because the deterrents to filing areport are great. "The publicity resulting from such charges may be the source of grave humiliation for the victim," and the process of reporting a case "can intimidate all but the hardiest individuals." Coupled with "the ordeal of having to relive the attack in detail," these "work as powerful deterrents to making the charge." Cooke also noted that, according to the Commander of New York Judge John Cooke ration of the innocent." Convictions solely on the wora of the which arc often male dominated, arc extremely reluctant to convict a man unless the proof is overwhelming. And despite the supposed emotional aspects of a rape trial, the defense rarely ever waives a jury trial, knowing that the jury is an ally, not an enemy." complainant arc extremely rare in where there is no corroboralion requirement. This is due "partly because the juries arc reluctant to send a man to prison for a long term unless the evidence is overwhelming, and partly because the jurieshave apparently created an cxtralcgal doctrine of contributory conduct on the part of the complainant. (This theory of "victim precipitated rape," he said, was nothing more than a male view ol circumstances leading up to the incident). Another justification advanced is that -without the requirement, the defendant would be stripped of ihc presumption of innocence and victimised by the sympathy of the jury for the wronged woman. Cooke noted lh.it "juries, stales John Levi The December faculty meeting went for a marathonsix hours last week, including time out for a buffet supper. Highlights included a "get-acquainted" speech by University President Robert Ketter, and discussion and action on a memorandum suggesting grading changes from Associate Provost William Greiner. The President spoke at the invitation of the faculty for over an hour, discussing the future of the university and the law school's role in'it. In response to queries from this reporter as to why President Ketter was not given an opportunity to share his thoughts with the student body, it was suggested that an invitation to speak before the student body should come from the Student Bar Association, not from the administration or faculty. Long discussion preceded passage by the faculty, sitting as a Committee of the Whole, of Greiner's memorandum. The proposed grading system will do away with the HD as a designation on the report card (it was never formally designated as a grade). Members of the faculty who feel that a student's performance deserves special praise may addend a letter to the submission of the grade. The letter will be included with a student's transcript,' and an asterisk (�) will follow the grade so explained. In response to arguments that this will replace the HD with an H*, it was pointed out that the faculty are free to append such a letter to any grade, and therefore Q*'s may also be seen. The proposed grading system will also codify the distinction between D's and F's. A D will be given to any student whose performance in a course is "equivalent to failure," while an F will be awarded only to those who substantively fail to complete assigned course work, such as papers and examinations. It is hoped that confusion will be alleviated by this change. The final proposal of the Greiner memo suggested the creation ofa new grade the Q+. In a nutshell, this grade will be awarded to those students whose performance does not fall within the standards set for an H, but whose work is superior to that of the great bulk of those students who receive Q's. It does not carve territory from the present H; rather, it will provide an opportunity for recognition of those students whose performance exceeds the Q, yet falls short of the H. The Committee of the Whole expressed the feeling that the Q+ will provide motivation to students whose work has not been superior, but possibly need some encouragement for such performance. The faculty voted to apply the new grading system to all first-year students as of the Fall semester. The decision whether to apply the system to second- and third-year students has been tabled until the - Trials where the accused and the accuser arc of different races can be safeguarded with juries of more than one race, and by reversing conviction on appeal where the jury was obviously biased. The last justification, "that the gravity of the crime mandates corroboralfon, can be dismissed summarily since other equally serious crimes require no corroboration." January meeting. The retention of the requireIn other action, the faculty received the report of the chairman of ment means lhal "women arc outthe Appointments Committee, Mr. Fleming, and the report of the side the effective protection of chairman of the FSRB, Mr. Kochery, who reported that the Analysis of Courses and Teaching for Spring, 1973, is now available at the continued on page 7 Admissions Office, for thebenefit of faculty and students alike. 1 i Third-year Job Questionnaire i i The following questionnaire is an opportunity for us to find out the success third year students have had in finding jobs for next year. Plc<isc fill one out and drop it in theb.iskcl provided in the library,at I I the Circulation Desk. Results will be printed in the next issue of Are you from Buffalo □ | elsewhere D j I ■ Opinion I I J I | ■ I --. I How many resumes h.tvc you sent lo prospective employers? Elsewhere In Buffalo 0- 10 D 0- 10 D 10-25 D 2*5 D 25-50 □ 25-50 □ 50+ 50+ D D Do you have a part-lime job? an I Has your employer made you offer? How many H's do youhave? J10-10% D 10 50 □ J 2575%■ 50% + D j j j I I How many prospective employers have scheduled an interview or have interviewed you? 10 I City's Rape Analysis Squad, only I .about 2% of all rape and related sex charges are determined to be false, which is a rate comparable to false charges on other felonies. As to a rape charge being easily made but difficult to disprove, Cooke stated that "the available empirical evidence indicates that the corroboration requirement is not necessary to insure the exone- - Centr sla- ted, is the corroboration requirement. He noted that while we have extremely severe penalties for rape, we also "have the most by In Buffalo 0-5 5-10 10+ □ D. Are you a memberof: Law Review 25% D 75% □ What kind of work are large firm government have a job or a firm offer, what factors do you think were If determinative in getting it? political connections Q D family connections D ■ recommendations D grades previous work □ other (specify) you Have you gotten: a job a tentativeoffer Da firm offer how many? D D in New York State Are you: a white male D □ □ Elsewhere 0-5 5- 10 10+ D □ D a Moot Court D you actively D □ □ □ female I 'J ! seeking? small firm D □ non-legal out-of-state □ black □ Did you use the Placement Serviceof the Law School Placement aids? Yes O No O If so, were they valuable? Please deposit in thebasket marked "Third Year Questionnaire" jn the library. j j �December 13, 1973 Opinion Law School Acquires Mitchell Lecturer Assails USSR on Mid East Placement Officer For the first time in its history, the Law School has on its staff its own placement officer, Ms. Patricia Hollander, who began work in that position the first week in December. Ms. Hollander, whohas been installed in what was formerly Dr. Mix's office in room 311, has been with the University in various capacities since 1967, during which period she was part-time lecturer with the School of Management in areas of industrial relations and later assistant to the dean in the Division of Continuing Education. In the latter position, she was responsible for developing professional programs, including Continuing Legal Education for Practicing Attorneys in cooperation with the Law School. Ms. Hollander's present plans, after familiarizing herself with the available material, include the establishment of a Resource Center for job information in room 312, which she hopes will be functioning at publication time.Other plans, she says, will be formulated as she orientates herself in her new position. Law Review Delay After a long silence, the Buffalo Law Review announces the impending publication of Volume 23, Number 1, the first issue to be published by the present Board of Editors. Difficulties in obtaining a State-approved printing contract are given as the cause of the delay. It appears that the State failed to grant such a contract in the first place, and hence the longdelay. Editor-in-Chief Vince Morgan stated that the problems in getting the first issue printed have hampered efforts on the part of this year's Board to develop articles, symposia, and programs designed to expand the purview of the law review beyond the traditional heavily-researched and -footnoted works of law professors. It was hoped that social problems could be examined by writers from a variety of disciplines, but "it just didn't work out." Consequently, it appears that the Review will primarily publish legal articles by legal writers on aspects of legal esoteria. The first issue will include major articles by Lee Teitelbaum, former professor at Buffalo, on cruelty as a ground for divorce in New York State; Arthur Larson, a law professor at Duke U., on the defense of suicide in workman's compensation law; and Michael A. Marra, a Buffalo area lawyer, on revenues under the Copyright Act. Student works will include a comment by senior members Linda Mead and Dennis Hyatt, and notes by candidates Ken Bersani, John Mendcnhall, and Peggy Rabkin. Future issues this year include a special issue commemorating John Lord O'Brian, a symposium on the new Mental Health law in New York State, and many articles, among them works by Professor Mitchell Franklin of Buffalo, and Phillip Weinberg, a New York State Assistant Attorney General. Law Wives Project The Student Law Wives Association expresses its gratitude to the students, faculty, and staff of the Law School for their support of our bake sale and canned goods drive. Because of the generosity of those involved, we were able to contribute over 100 cans of food to the Salvatidn Army. We extend a special thanks to all those who made additional donations ofcash or cans for this worthy cause. Law Wives would again like to enlist the School's support in a community wide project. For the last several months, we, in conjunction with TV-2 Action Reporter Russ Nichols,have been involved with a project to establish a tin can recycling center in Buffalo. We felt we had been progressing in our contacts with Councilman Hoyt's office when it was announced that a trial center would be set up. Shortly thereafter this statement was retracted. It is now our understanding that in addition all existing city glass and paper recycling centers face possible shutdown in the near futuredue to expiration of the year trial time period. We urge all city residents to contact theircouncilmcn and encourage extension and expansion of the recycling program. We feel that this is a cause worthy of everyone's concern. . Cooke Calls for Repeal continuedfrom page 6 the law, and the criminal knows it If the phrase 'equal protection of the laws' means anything, then to repeal say I the.time has come the corroboration requirement." Cooke noted that this change will not alone solve the problem; "Hospital personnel and police must be made aware of the special need for sensitive and humane handling of rape victim* ralher than the coarse trcatmenl lo which these unfortunate women are all too frequently subjected." But the first step must be the removal of the corroboration requirement, "to insure that the process of reporting will not be an exercise in futility." 7 by Ray Bowie Appearing under the auspices of the International Law Society, Mitchell Lecturer Yoron Dinstein, professor of international law at the. University of Tel Aviv, explored the "Soviet dimension" of the Middle East conflict before an audience of about 25 law students last week, in the course of which he highlighted the way in which the USSR discovered and used the International Law Club Speaker -Buffomante conflict forits advantage. Prof. Dinstein, who had served and finally leading to direct Soviet peace plan. on the Israeli permanent mission military involvement after the Dinstein charged thai, in fact, the Soviet Union had triggered the to the UN in the early 60's and "debacleof the Six Day War." The USSR, Dinstein charged, 1973 war, citing instances in later on the Subcommission on the Prevention of Discrimination, wants to dominate the Middle which the Soviets began their milicompared the Soviet Union'srelaEast "before the lines of detente tary sealift to Egypt and Syria tion to the Middle East to the fully crystalize," freezing the "four days ahead of the war to United States1 to Latin America, spheres of influence of the super- replace expected Arab losses." powers. To this end, the Soviets Not only had "Soviet officers commenting that the area is virtually "south of the border" to do not desire the destruction of planned the war, " he added, they the Soviets and "when they Israel, but neither do they want a were withdrawn just prior to the sneeze, we gel pneumonia." settlement in the MiddleEast in as Arab offensive so as to avoid caHistorically, Russian policy has much as the tensions insure their sualties or capture. Having backed been to expand to the south for continued influence over the Arab out of its responsibilities to seek a warm water ports, but "where the slates. settlement, "the Soviet Union," czars failed," Dinslein contended, "The time for peace negotia- he concluded, "was the big winner "the commissars have succeeded." tions is now, December," he ar- of the 1973 war." The success is all the moreastoungued, "for by January or Februding, he continued, in that it was ary, the result is a foregone con"Responsibility for 1973 lies achieved within 25 years, begin- clusion, renewed hostilities." Yet squarely with the Soviet Union," ning with the initial failure of Sothe USSR is behaving as it did in Dinstein contended, "and if there viet pressure against Iran and Tur1967, demonstratingreluctance to is no solution in the next few key, moving into a stage where cncour.ige a Middle East settle- weeks ... it will be dueneither to the USSR used first Israel and ment even though in 1973, it is Egyptian or Israeli aspirations, but then the Arab stales as "clients," technically a "co-sponsor" of the lo Soviet intransigence." Advisement Survey FSRB Available The Faculiy Studcnl Relations Board is entering its fourlh year of existence this year. Because election of student representatives did not take place unlit this fall, the first meeling of the board was not held until December 1, 1973. The FSRB has an important function as the law school's grievance committee. Its constitution gives it power to hear grievances "concerning the entire spectrum of law school life from whatever source," as well as investigative and research powers un "any phase or problem of school life" on its own motion. Among the most important of these investigations is the course and teacher evaluation conducted each semester. Copies of the results of thesestudies arc on reserve in the library, and students arc urged to look at them for assistance in making out their spring semester schedules. Studcnis with any grievance which they wouldlike lo bring before theFSRB need only submit a written statement of their grievance and the relief sought to Prof. David Kochcry, Rm. 513. The studcnl members of ihc FSRB arc Rosemary Gcrasia (Ist year), Kay Wiglil (2nd year), and David Hampton (3rd year). The faculty members, who are appointed, arc Profs. Adolf Homburger, Barry Boycr, and David Kochcry • (Chiifperson). Based upon the premise that being a student in law school presents a myriad of related problems, both academic and personal not otherwise handled by the Office of theDean, please answer the following questions: Check One Freshman D D Junior □ Senior Facully Staff □ □ 1. Are you in lavor of a school-operated advisement program lo deal with such problems? Yes □ No D 2. Shouldsuch a program be staffed by D Faculty □ Administration D Students (upperdassmen) □ a combination; and if so, what 3. Should this program be run on a □ volunteerbasis D professionally (paid) staff 4. Should such a program be operated ona continuing basis or do you feel that a first semester orientation period is adequate. Please comment. Use another shcel if necessary. :-;v::v::v::v::v::v::v::v::v::v. 5. Please comment on what you feel the function of such an advisement office would be, the types of problems which you yourself may have encountered, and whether you would make use of such a program should one exist. Useanother sheet if necessary. Please take the time to complete this questionnaire and return it to room 312. The cooperation of the entirelaw school community is essential. �Page 8 Opinion SBA Requests Facilities Remedy told Opinion that the lighting would be installed by December, presence of a curbed divider in the but Dr. Neal's current appraisal of small lot off the bus circle; the the situation is that no lighting angle at which Augspurger Road will be installed prior to next intersects with Millersport, mak- spring. ing right hand turns too sharp; the SBA was also informed that poor visibility at the intersection. of Flint Rd. and North Campus the concrete divider in the small parking and the illuminalot, allegedly responsible poor Boulevard; tion at the two Millersport entran- for several accidents, was installed at the insistence of Pres. Ketter, ces to the campus. SBA was told that, according who wants the lot eventually reserved for administrator parking Planning Facilities Vice Presito dent John Neal, the failure to and will have controlled-access light the roadways and lots was gates placed on the divider. due to difficulties SUNY had been Laura Zeisel proposed, and experiencing in finding a contracSBA accepted, that the concrete tor willing to undertake SUNY's divider be marked off with reflecfirst-year representative Ray specifications for lighting fixtures. tors rather than removed altogetBowie, mentioned, as specific dan- Earlier in the semester, Mr. John her, as had been originally suggested in theresolution. ger spots, the absence of lighting Randall of the same office had Having completed action on the '73-74 budget, the Student Bar Association focused its attention on a number of hazardous conditions existing in the North Campus traffic system, conditions which have been alleged recently to have contributed to several accidents involving law students. In a resolution directed to the University's Traffic Control Board, the SBA singled out five particularly hazardous conditions, ranging from the lack of street lighting to concrete abutments in parking lots, and requested the University to undertake immediate remedial action. The resolution, presented by along North Campus roadways, walkways, and parking lots; the TV Surveillance in Limbo The Budget and Program Re- lution, were thai "electronic surCommittee considered the veillance should be the last resort in security measures" and that there exists "no evidence of a security problem sufficient to warof the November rant electronic surveillance in wards the end faculty meeting where due lo the O'Brian Hall." amount of controversy the issue The SBA also felt that "the created, il was decided to postpone decision until the December installation of such a system meeting lo allow more lime for would have a chilling effect on considerationof the proposal. social and academic interactions, In the interim, the Student Bar thereby posing a potential invaAssociation passed a resolution by sion of privacy." a vole of 13 to 1 with I abstenWhen the agenda for the Debrary. The main control panel was tion, "strongly opposing instalto be located in the basement of lalion of TV or other electronic cember slh faculty meeting was the Law School, or remote-consurveillance in any areas of O'Bri- distributed, the proposal had been trolled and operated at the Securi- an Hall other than library exits." dropped from the agenda, as it ty Office in the Governor's Hall The reasons SBA enumerated, in was understood that there was no Complex. the "whereas" clauses of the rcso- pressing need forit at this time. A proposal to install 22 cameras providing closed circuit TV coverage throughout the building to maximize security at the Law School remains in limbo. The proposal was advanced in a Memorandum to Provost Schwartz from Charles Brunskill, Technical Assistance Co-ordinator with Campus Security, late in August this year. It suggests installation of cameras in an arrangement to allow for maximum coverage of all traffic areas, office doors, and access doors to the li- view proposal and referred it lo the full faculty committee. The issue was brought up to- Turn of the Screw by lan De Waal If you need financial assistance for the 1974-75 school year, it is now time to pick up applications. If you were unable to secure one at the Law School this past Tuesday, they are now available at the Financial Aid Office in StocktonKimball Tower (formerly Tower Hall) on the thrid floor. The funds that are available through this application procedure are the Federal Work Study monies and the National Direct Student Loans. Generally, notification of awardsis not made until some time in August, directly preceding the start of the fall school session. This delay is due to the fact that Congress rarely passes the appropriation for the two programs until early summer. It is a necessity that applicationsbe filed on time if youwish to have any hope of success in securing aid. The Financial Aid Office has instituted what may appear to be extraordinarily early application deadlines for such a late award notification schedule, but the reason this is done is to set a generally acceptable date by which everyone has had an opportunity to get their applications in. This allows the Financial Aid Office to begin the inordinate amount of paperwork and filing associated with the flood of applications that are received. If the date was any later they would never be able lo process ihc applicationsbefore school started. This school, dependent on Federal funds for its aid program, refuses lo notify people of awards before the school knows precisely how much funding it will receive for obvious reasons. This year, the proper form must be submitted lo the College Scholarship Service before February I, 1974. In addition, the proper "Form UB" musl be received by the Financial Aid Office by March I, 1974. Those who plan on filing as independent students should be aware that the Financial Aid Office may expect you to have a minimum amount to contribute to your needs. Last year this figure was $750. The amount of this years expectation should be decided some time in the spring. Finally, if anyone has questions about the application procedure, how to declare oneself as an independent student, or financial aid in general, please see me in 303 O'Brian. My hours are posted on the door. With the arrival of Pat Hollander, the new Placement and Career Development Officer, the movement of administrative offices on the third floorhas been completed. Ms. Hollander will have hours on Monday, Wednesday and Friday for the rest of this semester and will be here full time starting with the spring term. She has now assumed all placement dulics. Her officeis 311 O'Brian, extension 2056. Dean Mix has moved into 313. Her telephone extension remains 2057. Associate Provost Bill Brciner will now be in 318. As Opinion went to press, he was still without a phone but could be reached by calling Pat Taylor at 20550rC1e0 Jubulisat 2054. Registration materials for next now be available. The first batch of computer forms will be processed on December 21. Freshmen must come to 304 O'Brian on December 17 in order to hand-register for a required small group elective. If your University account has more than $25 outstanding, your registration will be check-stopped and returned unprocessed. Please check with the Office of Student Accounts 831-2041 (Hayes A) to insure that all scholarship monies have been recorded as well as any payments you have made. The law school libraryhas announced a new permanent extension of hours, which went into effect December 10, extending the time when you can slave until 12:00 midnight six days a week. Saturday hours remain unchanged. In addition, the library has announced a fine rollback, to 25 cents per day, as it was felt the 50. cent penalty for an oversight or unavoidable lapse was too severe. semester should 8 AlumniLine by Earl S. Carrel I've always been tempted to turn this into some sort of a gossip column and make comments about who was seen doing what to whom the corridors of Erie County Hall. Thankfully, I've always been able in to supress the urge, even though it would make filling this space a lot easier. Besides, I 'm not in the Hall too often. Looking ahead instead of into the past, we hope to have an open letter from Judge Dolores Denman, Alumni Association President, in the next issue of Opinion. Also we hope to have some news about the official doings of the Law Alumni. Where are you.Bob Schaus? Every time the Post Office notifies Opinion of an address change for one of our readers there is a cost involved. You can help us by informing Opinion of your new address when you move. * * * We were glad to see the good turnout of judges and lawyers in attendance at the Moot Court dinner at O'Brian Hall on December 1. The dining setup was a little bit strange, what with tables scattered throughout the fourth floor lounge area, but we hope all who came had a good time. AlumniLine is always looking for contributions and thoughts from our graduates. If youhave done something worth mentioning or if you have some comments on the state of the profession or the state of the school or the activities of the Alumni Association do not hesitate to write us. Theaddress is: Alumni Line, Opinion, O'Brian Hall, SUNY at Buffalo, Buffalo, N.Y. 14260 james A. Deckop, '22, assistant City of Buffalo corporation counsel from 1923 to 1932 and a partner in the firm of Desbecker, Fisk and Deckop from 1932 until his retirement in 1972, died November 27,1973. * * * attorney in the Real Property Seymour C. Pinch, '40, senior Bureau of the Buffalo District Office of the New York State Department ofLaw, died October 13, 1973. Daniel R. Polowy, '73, has been nominated for appointment as Dunkirk, N.Y. City Clerk. The appointment is subject to approval by the city council. SPORTS by Skip Hunter^ q Mark Mahoney and Bill McCarthy went on a scoring rampage and the PEOPLE from O'Brian Hall glided to a 59-19 Independent League basketball victory over the CAVALIERS on Monday, November 11th at Clark Hall Gym. Mahoney scored 19 points including 11 of the 31 points in the first half. McCarthy sunk a total of 15 points, 9of them in the second half. Mahoney also grabbed 12 rebounds and completely dominated the CAVALIER'S Rich Fleming, the league's top scorer, down the stretch. tn other games, Dick Maigret poured in 14 ofhis 20 points in the second half on Monday, November 19th,helping the PEOPLE to break open a close game and beat the BROOKLYN BOMBERS, 45-32. The BOMBERS' four game winning streak was snapped. Reed Cosper added 9 points and Glenn Lefebvre 7 as the PEOPLE gained revenge on the BOMBERS, who one year ago had ended their 8 game winning streak, the longest in the league last season. And on November 26th,all good things suddenly came to an end. The PEOPLE, theiroffense almost nonexistent with McCarthy, Cosper and Brian Miga on the sidelines with injuries, slid into mediocrity as they suffered their first defeat at the hands of the RAIDERS at Clark Hall. No one could explain the reason for their sudden demise. But I am sure that better things are destined to come. He came, he saw, he left. Justice William O. Douglas. -Bailing � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-12-13 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 5 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/13/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ed6d27ece97fd535ce410c845a7bbe66.pdf 1460d65f429592c1edce3f8f694daf00 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo Law School Volume 14, Number 4 November 20,1973 SBA Considers 73-74 Budget Clinical Proposal Unveiled by Ray Bowie In the first of two meetings devoted to consideration of the 1973-74 SBA budget, the Board of Directors accepted, with only one change, the Budget Committee's organization funding recommendations, together with a new set of budgetary guidelines that fix formulas for standard ex- portation allocations for travelling within Buffalo or Erie County. Budget requests submitted to the Committee represented hefty increases on the whole, over amounts requested and received last year. Although activity fee income is indeed greater this year than last by approximately $2000 due to the larger freshman class, penditurecategories. As decided by the Budget Committee, the new guidelines reflect several policy revisions in SBA budgetingpractices, the most significant being a standard procedure for the channeling of all organization speakers through the Distinguished Visitors Forum, a set guideline for convention expenditures, and limitations on office supply and telephone allocations binding on all organizations. For organizations attending conventions, the SBA policy would apply a formula granting $110 per thousand miles transportation per person for a maximum of two people, together with an expense allocation allowing $50 per person attending the one convention furthest from Buffalo. The $65 ceiling on office supplies resulted in substantial budget cuts to several organizations that had hoped to stock new offices or initiate new programs requiring increased expenditures for supplies. The ceiling was considered by the Committee to be the only equitable formula for reducing inflated requests while still providing those supplies necessary for office functions. Requests for office furniture were deleted by the Committee inasmuch as such items can be obtained through the University by SBA requisition. Confronted with differing formulas for telephone reimbursements, the Budget Committee set a $25 maximum long distance allowance for nationally affiliated organizations and advised others that calls made within New York State or to Washington D.C. were to be channeled through the tieline, thereby obviating the need for reimbursement. The Committee announced that one telephone for on-campus calls would be installed in each organization office. An "executive campus phone line" was allocated $510 and reserved for the use of non-national organizations with a need to make calls off-campus. Budget requests for athletic or social activities, the Committee decided, would not be funded except through the standing Athletic and Social Committees of the SBA, a formula which destroyed the hope of a new organization, Association of TennisEnthusiasts, for an over-$ 3000 budget. In pursuance of a policy forbidding "slush funds" the Committee forced many organizations to drop miscellaneous or contingency lines and ruled out trans- the Budget Committee reported that activity fee waivers had also risen dramatically, to the point where almost $1000 has been waived thus far this year. Despite increased income, the decision had to be made to cut budget requests, some as substantially as 60%, to meet revenues. The Committee received a surcontinued on page 5 A: SBA Organization {Social Athletic Orientation); B Opinion; C: Distinguished Visitors; D: BALSA; E: PAD; F: Lawyers Guild; G: Puerto Rican LS; H: Law Women; I: Moot Ct.; J: Int. Law Club; X: All others (5 Clubs). by Ray Bowie Public discussions and committee meetings are currently underway regarding a proposal for a new three-year clinical education sequence, designated the Integrated Professional Practice Training Program and designed to coordinateclinical practice with simulated experience. Explaining the IPPTP proposal to the sparse studentaudiences attending two recent information forums, Prof. Norman Rosenberg, director of the present clinical program, stated that the model under discussion contemplates the integration of the current offerings into a larger three-year clinical sequence that might eventually see first-year students participating in a clerking capacity, second-year students working in "simulated law firms," and third-year students engaging in various types of clinical practice, including client contact. Local Options Noting that current clinicalofferings are limited to Civil Law, School Law, Women's Clinic and Clerkship Program, Rosenberg Cafe in; Lockers Out — Although this Author's note was a jointadministration-student decisiont Dean Greiner preferred not to comment and Mr. Wade Ne whouse was unavailable for comment. by Karen O'Connor In a move to provide law studentsand staff with much needed on-premises food service, the second floor locker rooms are tobe converted to a cafeteria site. Those having second floor metal lockers have vacated themand are awaiting new locker space in the basement of O'Brian Hall. Protest has been made over the added inconvenience of a basement locker site, a location worsenedby flooding conditions in the basement. This flooding had made the basement unsuitable for food service. The decision to move the lockers unleashed a flurry of poster activity depicting the ills of the O'Brian basement, but the decision remains final. According to SBA President, Marty Miller, "the second floor space was the only suitable location for the much needed eating facility." Mr. Miller said that three possible sites for the cafeteria were discussed. The first preference was to establish a rathskellar-type facility in the basement. "Unfortunately, the Board of Health could not approve this arrangement for several reasons," said Mr. Miller. "The flooding in the basement was the most serious difficulty, but it was compounded by poor ventilation and inadequate water and electricity. The basement floors also were not tiled, another Board of Health must," continued Miller. The second proposed site was the fourth floor staff-student "The entire problem stems from a lack of planning," said Miller. Initially, there were no plans for food service in this building; the state believing that there told the assembled students that although the Court of Appeals has set a maximum of 12 credithours obtainable through clinical programs, the faculty has the latitude within that restriction to increase the number and breadth of local programs, which would be the effect of the proposed integrated model. Defining clinical education as that involving contact with real clients and work outside the traditional casebook approach, Rosenberg admitted that the school had experienced difficulties trying to meet that definition, particularly with thelimited variety of current offerings and the reluctance of faculty to sponsor students in the Clerkship program. In further explicating the new proposal, he argued that "the traditional program needs to be broken out of, replaced with a negotiation process where students and faculty negotiate on hours, credit, work." The affiliation with the classroom, he continued, might be replacedby affiliation with the simulated law firm in the second year, in a sequence leading to either live client practice or clinicalresearch in the third year. Under questioning from students, Rosenberg, who directs, the present clinical program, stressed the fluidity of the IPPTP, revealing that he hopes students would be permitted to solicit their own projects, that there might be "a different formula for every project," and that the sequence should provide "lateral entry" for those who wish to participate in clinical programs without following the simulated firm route. Simulated Firms Nonetheless, "the association with the simulated firm is the hub of the model under discussion," he added, in that the IPPTP sequence would have participating second-year students "joining simulated law firms instead of being assigned to classes," which firms would then be matched against one another to research and argue various cases. Cases would be selected so as to cover various substantive areas of law and provide "the skills training a neophyte lawyer or law clerk might be expected to receive in a law firm." lounge area. This area also proved to be impracticalaccording to Miller. "The area contained adequate water and electricity, but the elevators were not designed to carry the heavy traffic that would result if a cafeteria were located there. Practice Part While the simulated firm part of the IPPTP might thus be the first and second year sequence of the program, the practice part, that involving client contact orrewould be more than adequate stu- search, would be generally open dent loungeand eating facilities in "only to properly prepared thirdother buildings on the Campus. year students." In this practice "If the fourth floor site had been part of the model, the student's selected, valuable lounge space affiliation would shift from the would have been lost," continued Miller. continuedon page 4 continued on page 5 �November 20,1973 Opinion 2 Editorial President's Corner Best Wishes by Marty Opinion regrets to announce the resignation of Editor-in-Chief Kay Latona, effective October 30. In forsaking us for her studies, Kay is taking a step which confronts most third year students who have developed extra-curricular interests. The pressure of difficult third year courses, job hunting and often part-time legal jobs becomes overwhelming; the choice becomes to cut back on activities or resign oneself to a slew of D's at semester's end. Still, we shall miss Ms, Latona, and wish her well in her future endeavors. Capricious Puff It is unfortunate that truth is a flickering flame, prone to extinction by the most capricious puff. The administration has seen fit to make liars out of the majority of the third-year class in the present Law and Jurisprudence Bulletin, by stating on p. 40 that candidates for positions on the Law Review "are selectively chosen on the basis of scholastic performance." Not only is it not true that the Law Review selects candidates on the basis of scholastic performance, but the method of selection actually used, a competition held by the Review's Editors and graded exclusively by students, has been artfully forgotten in the Bulletin's blurb. (The Bulletin fails to mention the existence of Opinion, but that'sanother editorial.) Third-year students must consequently explain nonmembership on the Law Review to prospective employers, not in terms of choice, but in terms of some intangible mediocrity measured by a dozen hours of furious writing in little blue books. The Editors of the Law Review have wisely decided to use a more equitable standard for their selection perhaps the administration should stick to what is and forget what might be preferred. — the GADFLY Miller The President's Column is de- signed to be informational. For the most part I have attempted to keep the scope of my column so limited. However, I believe it is necessary to bring to light a number of the inaccuracies which appeared in the Editorial of the last issue (Vol. 14, Number 3). People err, and when they do they should be criticized. Criticism serves a number of ends. It offers an opportunity to the party who errs to become aware of his mistakesand correct them. Additionally, it offers the angered or perturbed party the occasion to vent his anger or frustration. It appears that the writer of the Editorial was both angry and frustrated. So upset in fact, that the editor neglected to do the necessary investigation that is demanded of the responsible journalist. The editorial displayed almost a complete ignorance of the SBA-SUB BOARD relationship. Last year, the SBA did experience some difficulty in procuring supplies from University Central Stores. That problem was rectified during the spring. Orders from Central Stores have been delivered without delay since that time, provided that the proper procedures are followed. Fiscal irresponsibility on the part of the SBA executives? Hardly accurate. Our Treasurer has been attempting to develop and institute a streamlined procedure for the processing of REP forms. The procedure was constructed this summer and is fully operational now. Checks can now be issued in about one-half the time it took last year, if the organization requesting the funds properly files the forms available in the SBA office. It was impossible for us to order our disbursing agent (SUB BOARD I, INC.) to issue checks to persons when receipts were not attached or when receipts were attached there was no explanation available to support the bill. Often organizations would just hand someone on SBA a bill and expect payment; unfor- .... ligation to adequately represent the law school at SUB BOARD meetings. Nothing could be further from the truth. Last spring there were lapses in communica- tion between SBA and SUB BOARD. Those problems have been long since rectified. I can continued on page 4 n™rfctrkr» 11111111011 Editor-in-Chief: John Levi Managing Editor: Ray Bowie Photography Editor: Chris Belling Alumni Editor: Earl F. Carrel Articles Editor: Skip Hunter Features Editor: Kay Wigtil Sports Editor: Skip Hunter, M.C. ■ Staff: Frank Buffomante, Shelley Taylor Convissar, lan De Waal, Rose- beth Levi, Gary Muldoon, Karen O'Connor, Dave Stever, Rich Tobe, Bill Ernsthalt. OPINION is published every third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/B Amherst Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. program's impact upon the nation. The effect of Legal Services activism has been to extend the over-all parameters of "public policy" so as to include within its coercive sway spheres which had previously been left to private priorities or individual initiative, an effect which is commonly perceived in retrospect as the "growth of government." In a system of majoritarian democracy, the objection to this effect is less that it might institute socialism on the sly, than that it represents the achievement of public policy changes through litigation rather than majority consent. In a republican system, where the existence of "inalienable" civil liberties prohibits the intrusion of socialism into large areas of the private sector, the public policy changes effected by Legal Services litigation are doubly objectionable, as they both avoid the democratic Lyndon's Baby forumand intrude into the private sector. When founded in 1965 under the benevdespotaegis of Actions Without Clients Writing back in theDecember 1971 Yale Law Journal, our Great Society, the OEO Legal Services program was relatively restricted in its functions, operating under Richard Blumenthal commented that "Legal Services prohibitions againsthandling criminal cases, representation attorneys have been known to place a higher priority on of the "voluntarily poor," and engaging in political some issues that are of less concern to the client advocacy. community than to themselves (T)here have been paper, increasingcomplaints about attorneys who 'exploit' clients Since then, the restrictions have remained on many Society sweeping with Great both welfarist launch law reform ventures to but as so actions when the and militarist, the program has greatly exceeded its individuals may be seeking much more limited solutions to envisioned scope, to the point where its present record their problems ..." The mechanics of this illustrate the seems better characterized as breach of the original process of bootlegging public policy. Being on the federal payroll and hence not subject to limitations than as adherence to them. Conceived as a mechanism to assist the indigent with fee pressures, Legal Services attorneys have been freer than legal problems arising from accidents, divorces, contracts, private practice lawyers to devote their time and energies and the like, Legal Services has instead become a channel to promotion of their personal political priorities rather for the funneling of public monies into ideological legal than meeting client demand. In practice, this often means crusades to "restructure" vast areas of public and private that the Legal Services attorney decides which clients and life. In such manner, it has used the U.S. Treasury to what causes shall gain attention, a decision generally having more to do with the attorney's political objectives bankroll bootleg public policy. thanwith the merit of the client's case. ToRestructure America The basic tool of these public policy litigators, the Said Rep. Earl Landgrebe (R-lnd.), a conservative critic of the Legal Services operation: "There is overwhelming "sweeping law reform actions" cited by Blumenthal, is the program alleged is its class action suit, for which the Legal Service attorneys purpose not evidence that the of the goal of serving the poor, but rather the promotion of a have proven all too willing to sacrifice the traditional individual case service which aids clients on a one-to-one variety of leftist-socialist causes." Communist bogeymen have been frequent spectres of basis. According to Harry Brill, a research sociologist Working "socialism" here is for a San Francisco Legal Services office, "at least America's collective nightmares, but if hundred individual client cases were traded off for to be understood as the extensionof government intrusion several each class action suit," a situation hardly envisioned by into and control over the private sector, then Rep. Landgrebe is indeed correct in his evaluation of the those who established the OEO operation to aid the .. that fashion. Certainly the SBA is not blameless, some bills were never paid. It is not clear whose fault, if anyone's. Some bills, along with other SBA files were lost in the move to the new building. The Editorial leads one to believe that the Second Vice-Presidenthas not been fulfilling his ob- Volume 14, Number 4 November 20, 1973 OPINION is funded by SBA from Student Law Fees. Bootleg Public Policy In historical retrospect, the supreme irony of the Nixonian era may well be that while Nixon spokesmen, including that presently punctured plenum of pompously pious platitudes, were touring the country denouncing "acid, amnesty, and abortion" among the "radiclibs," federal attorneys were hard at work promoting liberalized drug statutes, abortion rights, assistance to military dissenters, and the presidential ambitions of one George S. McGovern. Indeed, perhaps the most potent force for radical social change in America has been that quietly welling up within the Administration itself, the OEO Office of Legal Services, an activist octopus whose tentacles have spread since its 1965 birth to encompass a national network of 260 programs, over 2200 lawyers, 850 locations, and a budget of $71.5 million. tunately, or possibly fortunately, we are not permitted to operate in by Ray Bowie indigent on an individual basis. Conservativeshave longobjected to "class actions" on public policy grounds, arguing that public policy ought to be determined in the public scrutiny of the legislative forum rather than in the closed proceedings of the courtroom, where few citizens grasp the significance of the proceedings and even fewer the portentous result. Liberals, meanwhile, are beginning to suspect that the interests of indigent clients are being harmed by the Legal Services mania for public policy objectives, often to the point where the client is sought out and encouraged to sue just to dovetail with the classaction objective. From either the liberal or conservative perspective, it would seem that the result of Legal Service is the same: a political program for poverty lawyers instead of a poverty program for the poor. A Vested Interest Back in May, Senators Brock (R-Tenn.) and Helms (R-N.C.) introduced an alternative legal services proposal which would allow existing state agencies to establish the legal aid program, empower the state bar association to administerit, and establish a voucher payment system that would permit indigent clients to select their own private attorneys. The voucher system would appear a particularly effective means of cracking the legal services monopoly and breaking the stranglehold elitist legal services attorneys presently exercise over the program. Despite the range of alternatives and therising wave of criticism, the legal establishment remains firmly committed to the "services monopoly" concept, with the American Bar Association defending the class action approach and the usual welfare-state politicans lauding the public policy objectives sought. The same forces, noticeably, are opposed to the "Judicare" or decentralized voucher alternatives, simply because neither lends itself to litigation for public policy ends. During a period in which Americans are becoming alarmed over revelations of the extent to which special interest groups are influencing national policies, it is indeed shameful to find the legal profession at the head of the pack trying to cement this service monopoly not only over the poor, but over the entire field of public policy as well.Granted the inextricable connectionof taw and public policy, the latter is simply too important to be relegated to a legal elite, particularly one that views litigation as a short-cut to political power. To allow such is to issue a standing invitation to Watergate. �November 20,1973 Opinion // Am ft Necessarily So 3 Abortion: The Right to Choose by Shelley Taylor Convissar "No woman can call herself free who does not own and control her body. No woman can call herself freeuntil she can choose consciously whether she will or will not be a mother." Margaret Sanger may not be regulated in any way by State or local actions; regulations imposed for the second and third trimesters of pregnancy must be applied "in ways reasonably related to maternalhealth;and finally, the fetus does not have legal rights before it is recognized by law at birth."(Emphasis mine.) "The Supreme Court can nullify the laws of the states, but it is not within its power to nullify the laws of God." Bishop Edward Head,Diocese of Buffalo Since the pronouncement of theselandmark decisions, many states have found their own laws in whole or in part unconstitutional. Courts have invalidated abortion laws in twenty-five states and nineteen have enacted new statutes conforming to the Supreme Court ruling. The battle is not won, however, since five states have passed resolutions calling for a constitutional amendment to override the Court's decisions and ten states, including Massachusetts, have passed laws which exempt physicians and hospitals from having to perform abortions. Despite the Gallup poll in 1972 showing that 64% of all Americans and 56% of all Catholic Americans believe that abortion should be a matter of choice, antiabortionists have doubled and redoubled theirefforts to ban abortions and remove that choice for women. According to the national chairman of the Committee of the Ten Million, the Catholic Church is planning to spend five to ten million dollars a year on lobbying and advertising campaigns against legalized abortion. Unfortunately,they have won several easy victories because proponents of abortion do not have either their financial, organizational or politicalpower. In Michigan, the referendum on abortion is a perfect example of this power. The question was slated for November, 1972 and polls early in the fall of that year demonstrated that a clear majority, almost 60% of the population, favored a liberalized law. After the barrage of On January 22,1973, the Supreme Court of the United States handed down two decisions which dramatically changed the concept of a woman's right to terminate her pregnancy by legal abortion. By invalidating criminal abortion laws in Texas and Georgia, the high court may have changed the law on abortion, but it definitely has not solved the problem. In a seven member majority, the Supreme Court's decision in Roe v. Wade extended the right of privacy to women considering abortion by stating that it "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." Further, the Courtinvalidated the Texas statute which "excepts from criminality only a life saving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved." Justice Blackmun's opinion for the majority determined that such laws, which were prevalent throughout the country, were violative of due process. Combining the decisionsof Roe v. Wade and its Georgia counterpart, Doe v. Bolton, the position of the court is clear: the decision to terminate a pregnancy must be a private one between a woman and her medical counsel; the decision to terminate a pregnancy during the first trimester What is the Guild? '60's, the Guild was the only legal group to provide services to the civil rights movement in the Southand the Guild also put forward a major effort to challenge selective service and military bureaucracies paving the way for the draftresistance and burgeoning G.I. movement. At present the Guild is actively fighting for prisoners' rights, women's rights, mental patients' rights, and Native Americans' rights; helping defend the Attica Brothers and the Wounded Knee defendants; supporting the United Farm Workers; and working in the areas of labor law, military law and community law schools. The Guild is also active in challenging the abuse of Grand Juries. The Buffalo Chapter is composed of about 25 legal people, about 15 of whom are students at thislaw school. We share an office in Room 118. The National Lawyers Guild is an association of lawyers, law students, legal workers and jailhouse lawyers which squarely faces the need for change in the structure of our political and economic system. The Guild, working collectively through its many projects, places its political and legal skills in the service of all those strugglingagainst economic exploitation, racism, sexism and attacks on civil rights and liberties. The Guild history begins during the 1930's when Guild members fought for the rights of workersand poor people, and drafted, litigated, administered,and defended much of the more progressive New Deal Legislation. During the silent generation years of the 19505, the Guild was in the forefront of the struggle against McCarthyism, scoring many First Amendment victories. Continuing into the Amerikan Injustice in his original 1968 conviction,Arto Williams,has recanted totally in Federal District Court in Martin's habeas corpus hearing before Judge )ohn T. Curtin. The hearing and Recently, the Appellate Division, Fourth Department, recantation were in June, but judge Curtin has still failed ruled "in the interest of justice" that Martin Sostre's to rule. Due to his inaction, Martin has been beaten twice by the Buffalo Chapter ofthe National Lawyers Guild 30-41 years to 25-30 years. Martin was framed in 1968 on a phony narcotics charge. His real crime was running a people's bookstore on the East side. It is cruel to say that keeping an innocent person in {ail for 30 years is just. This is Amerikan "justice." There have been several other recent developments in Martin's case and in his life. First, Martin is beaten by a seven man goon squad every time he goes to court. He is being held in Unit 14, the solitary confinement section of Clinton Prison, the worst of New York State's maximum security prisons. Martin is in the "box" because he has a % inch beard. Martin has been in solitary for almost all of the last five years. Every time a prisoner leaves his cell (the rules do not apply to women's prisons) in any solitary confinement unit in any maximum security person in this state, he is forced to submit to a rectal examination. This dehumanizing practice is justified by the Corrections Department as necessary for security reasons (the same reason given by Nixon and his plumbers for many of their crimes). The only possessions Martin is allowed to have in his cell are his lawbooks, so the talk about security is a vicious lie. Martin refuses to submit to this degrading search and therefore each time he leaves his cell to go to court he is beaten savagely by seven goons. They shot George Jackson and 43 at Attica, but they're beating Martin slowly to death. (Incidentally, if a prisoner in any of the boxes wants to have a family visit or a legal visit, he must submit to the same rectal examination. For these reasons, Martin has been forced to give up these luxuries). Second, the prosecution's main witness against Margin sentence should be reduced from - since then. Williams testified that Mike Amico (then head of the narc squad and now Sheriff, reetected) was responsible for Martin's frameup. (The crimes of law and order government officials are not limited to Washington and Watergate; these crimes are being committed at every level.) Third, when Martin was being brought to federalcourt in June, he was beaten into submitting to therectal search. As a response to this brutal beating, Martin filed a federal civil rights action against his attackers. This is not Martin's first law suit. (See, e.g. Pierce, Sostre, Samarion V. Lavallee, 293 F.2d 233 (1961); sosfre vs. McGinnis, 442 F.2d 178 <1971);So5/re VS. Otis, 330 F. Supp. 941 (1971); and Sostre v. Rockefeller, 312 F. Supp. 863 (1970). Martin has been too successful with these suits, so successful that the state has charged him with a class C felony assault on his seven attackers as a response to his present civil rights suit. If convictedof this, it would mean life for Martin since it would be his third felony conviction. Catch 22: every time Martin goes to court to answer these obviously trumped up assault charges, he again gets beaten into submitting to therectal search. So this is Amerikan Justice in action: An innocent man is held in solitary confinement only to be let out to be beaten and taken to court to have his rights further ignoredand trampled on. What can you do to help Martin? Two things: First, write to Peter Preiser, Commissioner of Corrections, Albany, New York and demand an end to the inhuman practice of rectal examinations. Second, Write to Judge John T. Curtin, Federal Building, Buffalo, and ask thathe rule in Martin's favorand overturn his conviction. __ radio, television and lobbying efforts by the opponents of abortion, however, the law was defeated by nearly 60%. Similarly, in New York State, the state legislaturepassed a decidedly conservative abortion law after like emotional techniques by the antiabortionists,and only the governor's veto held back the furious tide and saved the present law. Knowing that the only effective way to override the Supreme Court's rulings on abortion is throughCongressional action, the opponents of the law have focused their efforts mainly on the men and women in the House and Senate. To date, their emotiona! appeal and pressure techniques have been surprisingly successful. One reason for this is that the mail toCongress members is overwhelming- I ly anti-abortion, approximated at 100 to 1 against abor- ; tion. As with most issues, those in favor of existing practices do little or nothing to protect their interests while opponents, even though a minority, make themselves heard. It was in this light that the House of Representatives .mil the Senate passed legislation exempting individuals and institutions from the duty to provide abortions. I-n the Senate, this took the form of a rider proposed by Frank Church (D-ldaho) to the Public Health Service Act and was ! approved by that body in a vote of 92 to 1. Senator William Fullbright (D-Arkansas) dissented, alone. The consequences of this type of legislation should be clear; it j effectuallycripples the right to free choice provided by the Supreme Court if hospitals can, on the basis of their religious or moral beliefs, refuse to perform abortions. According to Bea Blair, Women's Lobby Inc., the passage of such provisions maybe especially serious in areas where only one hospital provides gynecological services. Such laws, she said, are "resulting in a return to medical discrimination in which the wealthy, who can afford to travel, get safe medical care, and the poor are forced to seek dangerous alternatives." Even more potentially harmful to the pro-abortion stance is the emergence of constitutional amendments which are literally flooding the Congress. These proposed constitutional amendments have been distinguished into three categories: The Whitehurst Amendment, proposed by Rep. G. William Whitehurst (R-Va.) recommends that the question of abortion should be decided by the states alone. Although seemingly the most mild challenge to the present law, this proposal, it is feared, could act as an easy cop-out for congress members who want to avoid the wrath of either side of the controversy. The Buckley Amendment, proposed by Sen. James Buckley (C-N.Y.) wouldallow abortions to save the life of the woman, but would restrict the protection of the fetus only that far. This equal protection notion would apply "to all human beings, including unborn offspring at every stage of their biological development, irrespective of age, health, function, or condition of dependency" according to the wording of the bill. The Hogan Amendment, devised by Rep. Lawrence Hogan (K-Md.) is clearly the most threatening to the proponents of legalized abortion. Submitted only eight days after the Supreme Court decisions were handed down, this bill would declare the fetus a person from the moment of conception, thereby jeopardizing the right to abortion even to save the life of the woman. In addition, this proposal would establish the unprecedented notion that the embryo has equal rights. Representative Hogan is now actively enforcing a discharge petition whichwould takehis proposed amendment out of the House Judiciary Committee and put it directly onto the floor of the House without any further review. The congressman needs only 218 signatures from his colleagues to do so, and reports are that he is moving close to that goal. Once on the floorof that body, the proponents fear that the test tube wielding opponentsof abortion will win over the required two-thirds of both houses to succeed in the first step towards invalidating the Supreme Court's ,, . progressive rulings. The arguments about abortion are in stalemate. The opponents of legalized abortion defend the sanctity of life while the proponents see as more important the quality of that life. Neither argument is particularly constructiveand neither is sufficient to answer the complex and ever-changing concerns surrounding the subject. Rather than a rehashed debate on the theories involved, therefore, a more productive view might be attained from an investigation into the facts of the issue. According to Dr. Alan F. Guttmacher, approximately one-third of all pregnancies end in termination by abortion.Before the Supreme Court's decisions legalizingabortion, at least five hundred thousand women died from illegal abortions. Dying at a rate of approximately ten thousand a^year, women either went to abortionists of questionable authority or tried to self-abort by the use of such unsanitary and dangerous instruments as knitting continuedon page 4 �President's Corner SBA Budget continued from page 2 proudly report thai Mr. McLeod it is a welcome improvement to has been faithfully carrying out O'Brian Hall. his responsibilities and has attenMany students have been trouded every SUB BOARD executive bled by the early closing of the and board meeting since Septem- library and the building. The libraber. 1 might also add that in addi- ry is attempting to find the neces- tion to Mr. McLeod, the President had also attended every meeting. With regard to representation on other university-wide organizations I am proud to report that our representatives to Norton House Council and Universit> Assembly have been fulfilling their funds to remain open later in the evening. At the present moment budgetary constraints force the early closing. As for the building, there are possibilities that there may be arrangements for making rooms available for late studiers. but that all hinges upon developing a plan to make the building and its occupants secure in person and property during the late evening hours. Many of you are aware of the theft of the microwave oven from the fourth floor. Now at Amherst, without the watchful eyes of Art, John and the rest of the Eagle Street staff, we are not as comfortable and secure in our new home. One plan which has been introduced for discussion is the installation of 22 closed circuit television cameras with monitors. Those cameras would be placed in each hallway to give Campus Security an unobstructed view of each hall. Cameras would not be placed in classrooms, nor would they operate during the day. Persons monitoring the screens would be able to respond to any emergency situation almost immediately once it is discovered.Otherwise the injury or potential danger to person or property might go undetected causing unnecessary anguish. This proposal was recommended to the faculty by the Budget and Program Review Committee (S/F Committee) unanimously. The committee expressed serious reservations as to potential misuse and therefore suggested its adoption subject to certain reser- ! vations. They recommended that i the systems be used only from early evening hours until classes the next morning only; additionally., they recommended that un- j der no circumstances should the system be equipped with a video tape recorder. Your opinion is solicited. Kindly present your opinion'views to the SBA office on no more than three typed pages no later than the Friday prior to sary obligations. Hopefully it will not be necessary to again correct Che inaccuracies appearing ;n ih > publication. 1 expect that furunt criticism and critical iruN-sis «9 be icsea-cfied insiead of being what appeared to be an emotiona! outburst of the editor's pen. I am pleased to report that the negotiation> between the Law school. FS-V rruintenace, and the rest of the powers that be hate been concluded. Primarily through the efforts of Professor Wade Newhouse and Associate Provost William Greiner, the John Lord O'Brian Hall will soon be the site of the Amherst Campus' newest foodservice facility. The facilit\ is to be installed on the second floor and will occupy floor space adjacent to the two large windows as well as the space currently being utilized as locker rooms. The food service line which will be installed in the locker room opposite the elevator core will serve hot and cold food prepared in other food service facilities and brought to the law school. The other locker room will serve as additional seating. Those of you familiar with the master building plan will recall that in an attempt to alleviate the acute student lounge space shortage at O'Brian Hall the two locker rooms were criginalk planned to serve as lounges. Unfortunately, construc- tion delays necessitated the installation of the lockers in those areas at the last minute because of the general clutter in the basement. Those rooms will now be utilized as auxiliary lounge space and also serve as additional seating area for a cafeteria that is slated to be developed like a sidewalk cafe. In all Thanksgiving. Clinical Proposal Unveiled simulated law November 20,1973 Opinion 4 firm to the law from page I might include the right to name school dink, an operation which might incorporate the three cur- the simulated firms after students. rent clinks and merge them within a single office. The present clerkship program would also be continued, with students interested in independent clinical experiences or research invited to submit proposals to a Clearinghouse Committee which would match student proposals with placement opportunities and honor Genesis and Planning The IPPTP proposal, according to Rosenberg, is the result of input from several quarters. In recent years, many members of the fac vI ty, including Professors lames B. Atleson, Milton Kaplan, Associate Professor Lee E. Teitlebaum, and Messrs. Stephen M. faculty- supervisors. Marx, Norman S. Rosenberg, and Rosenberg proposes that six Paul I. Birzon, have requested that credits could be awarded for suc- the feasibility- of a clinical processful completion of the simula- gram in Buffalo be researched. tion part of the program and Their suggestions were taken to another six for the practice part. the Academic Policy and Program In addition, he asserts that "the Committee (APPC>, where Proprogram should afford an oppor- c ost Schwartz expressed his suptunity to experiment with an in- [ port of such a program, should novative incentive system," c one be developed and found involving the replacement of \ workable. In the summer -fall of grades with a "mastery principal" 1 1972, Provost Schwartz and Prof. in which the students would be V Kaplan taught a seminar entitled required to repeat the perfor- 'Perspectives on Law in Action," mance until adequate. Honors a ifter which the two circulated a ' " continued frompage I prise, however, when Treasurer Hugh Scott announced that a surplus of $20,845 had been discovered remaining from two previous SBA budgets, a discovery which permitted some greater ge'. nerosity this year. The Commit-1 tee's recommended budget ! exceeded this year's income and dipped into the surplusby about $2100, despite President Marty Miller's warning that the surplus be held intact to provide security I against a $6,000-plus vending claim SBA is expecting as a result of a discrepancy while at Eagle Street. Money remaining in the capital reserve after the claim and other bills are paid will be put in a contingency fund for the year. As reported to the SBA, the budget amounted to $22,132, representing a deficit of $2,132 with anticipated revenue from fee collections estimated at 520,000. Voting upon each organization budget individually, the SBA Directors approved, with little dissent ion, budgets for Opinion ($4,207.); Distinguished Visitors Forum ($2500); Moot Court ($625), Law Women ($710); and Environmental Law Society , ($475). The budget for SBA operations and committees, including for the first time an allocation to Sub Board I for services provided lawi students, ran into some opposition from several Directors who fell that the Sl5OO executive line j was a "slush fund" for the SBA I President. Despite the opposition, j the c ntire S 8710 budget was passed intact, including the $500 law student athletic teams needed to qualify for intramural competi- tion. The BALSA (Black American La* Student Association) budget, far which the Budget Committee ; had recommended $ 1130, caused con siderable controversy when several Directors moved to reinstate lines deleted for a textbook library and Minority Law Symposium. A successful amendment restored the $600 requested for the Symposium, a program designed to inform minority students of problems and promises facing them upon graduation, on the contingency that BALSA first make an effort to have the Placement Office support the Symposium's functions. As approved by the Directors, BALSA received a tout budget of 51730. Having voted upon 50% of the organization budgets submitted, SBA reserved the other half for action at the following week's meeting. of the seminar coupled with a simulation proposal. Seeing in the Faculty and seminar proposals the germ of a new clinical program, the Provost requested that interested faculty draft such a program, out of which effort the IPPTP resulted. Thus far, reports Rosenberg, the proposal has met with "generally favorable response" from the faculty, the support of the Provost, but little student interest, a development attributed to lack of ad\erti>emenL The Academic Polrc\ and Program Committee, presently reviewing the proposal in the light of faculty and student reaction, earlier gave the IPPTP j preliminary endorsement so that the school might apply for a summary Snell Addresses Environmentalists On Thursday, November 8, Fred Snell spoke before the Environmental Law Society on problems of energy consumption. Snell holds a PhD. in biophysics. Coming on the heels of President Nixon's address on the energy crisis, his remarks were particularly appropriate. Snell, who is currently researching the long-range implications of unabated energy consumption, gave the audience a basic course on energy consumption. Snell told members of the ELS and other interested students how much solar energy reaches the earth each day two calories per minute per square centimeter at the top of the atmosphere; the amount of energy currently stored in fossil fuels Coal: 4.8 x 10 22 calories; Oil: 4.2 x 1021 cal; and Gas: 4.0 x 1021 cal. These fuel reserves took 600,000,000 years to accumulate, and weren't used by man until 5,000 years ago. It is estimated that at current rates of consumption thesereserves will be exhausted very soon: natural gas within 15 years, oil in 40 years, and coal the "dirtiest" fuel to use in about 200 years. Snell recounted his research in the area of energy consumption and conservation. He is trying to formulate a model from which he can predict the long-term effects on the earth from increased energy consumption. There is now a real possibility that man will be — - — — energy from the fusion of atoms within 30 years. Fusion is the type of atomic reaction typified by the hydrogen bomb, and should be differentiated from a fission reaction, which is the basis for current "atomic" power sources. When a fusion reactor is developed, man may have a limitless source of energy. What worries Dr. Snell is the effect this increase in energy production and concomitant consumption will have on the planet. As more energy is used the earth's temperature will rise. Snell estimated that a one degree rise in temperature world-wide would cause the polar ice caps to melt, thus flooding our coastal lands. He thinks that once there is a limitless source of energy it will be imable to harness the possible to stem consumption. The only way to avoid this prob- lem, Snell said,is to learn now to reduce energy consumption. Energy Crisis by Richard Tobe Environmentalists have long maintained that cleaning up the environment is going to be very costly. To say that the dollar cost will be large is an understatement. We cannot have both guns and butter; we simply are not rich enough to have wood-panelled homes and virgin forests, large cars and clean air, abundant electricity and rolling hills free from the ravages of strip mining. Either our environment or our standard of living must suffer. In requesting that the Clean Air Act be suspended, President Nixon has indicated what he thinks is expendable. I hope most Americans will show their true concern for the environment by sacrificing to some extent our high standardof living in an effort to conserve energy. The use of car pools, lower speed limits, and colder buildings fundinggrant from the Council on Legal Education and Professional Responsibility (CLEPR). Funding, Rosenberg explained, is a major concern, as the full implementation of the IPPTP would require perhaps two "clinical fellows," two full-time secretaries to handle the paper flow, and FTE reorientation for faculty participation. - will mitigate the overuse of energy; however, it is foolish to believe that next summer we can all drive at sixty-five again. One doesn't plan for energy shortages by saying that we'll ration when we have to, yet the President has developed no long-range programs for conserving our energy sources, nor for requiring the development and implementation of environmental quality control equipment. Rather than suspending the Clean Air Act, the President could have urged industry to install state-ofthe-art machinery to enable them to safely burn soft coal and other "dirty" fuels. Instead he procrastinated, and now we must pay the price not in colder homes and less mobility, but in dirty air and the abrogation of our duty as living beings to improve, not degrade, the world in which we live. The air, land, and water will only be protected when we are willing to pay the price. — Abortion, from page 3 needles, coat hangers and toxic bleaches or cleaning fluids. Further, out of every 100,000 abortions done legally only three women die;yet out of the same number of illegal abortions, the approximated mortality rate is one hundred. Additionally, each year there are 80,000 to 160,000 deformed children born in the United States as well as at least 800 As the IPPTP remains in com- rape-induced pregnancies anually. mittee, its outlines remain tentaGiven these facts, and recognitive, and changes might yet be zing that criminal abortion laws made in the proposal a* faculty neither deter pregnancies nor the student input continues. The for- desperate attempts to terminate muljtors of the proposal emphathem, is it not clear that reinstasize that the Integrated model is ting restrictive abortion laws will only one among several being disonly serve to further death rates cussed. of women as well as their unborn? �November 20, 1973 Opinion Cafe in; Lockers Out continuedfrompage 1 The elevators, too, are a result of poor planning. The architects at first envisioned the centralization of school services on floors one through three. The book store was an afterthought, so it had to be placed on the seventh floor, substantially increasing elevator traffic. "The elevator simply couldn't carry the additional traffic that a fourth floor cafeteria would create." Despite some inconvenience, the second floor is really the most suitable space for the food service facility, Miller said. The space has the necessary water, electricity and ventilation to satisfy Health Department standards. The room directly opposite the elevators will be used for the food service lines. Prepared food will be brought in from off campus with both hot and cold foods being served. Hours will be subject to student demand. "The other locker room, the carpeted alcove space by the win- dow and the areas to be part of the walkway will all contain tables, thus more than doubling present student lounge space," said Miller. Mr. Miller admitted that the decision has met with mixed student reaction. The basic complaint has been that freshmen are the ones who will suffer by having basement lockers. Mr. Miller noted that many upperclasspersons also have metal lockers since only four hundred wooden lockers were installed, although one thousand had been the recommended figure. To alleviate some of theinconvenience for those having basement lockers, the elevators will make basement stops and Mr. Miller is attempting to bring the larger, coat-size lockers from the old Eagle Street Building and have them installed in the basement. Also, lockers will be placed three to four inches above the floor to protect them from basement 5 LSD Reps Vote Nixon Investigation SB A delegates to the 2nd Circuit conference of the ABA Law Student Division voted with otherlaw schools throughout New York and Connecticut to put the 2nd Circuit on record with a number of policy resolutions, including one petitioning the House ]in I m ,ny Committee to pursue an impeachment investigation of charges laid against President Nixon. Representing the student body at the 2nd Circuitconference held October 27 at St. John's Un iversity were Chris Greene, SBA Ist Vice-President, and Ray Bowie, SBA Director representing President Marty Miller. The 2nd Circuit is one of twelve geographical divisions of the ABA Law Student Division, and the October conference was an annual affair designed to bring law flooding. student leaders together to discuss common problems and exchange ideas. Resolutions passed by the 2nd Circuit conference are forwarded to the LSD national ATTENTION: The Distinguished Visitors Forum will sponsor a series meetings and thence to the Bar Association if of lectures on Mental Health and the Law, on November 29th, and American necessary. December 6th and 13th.Speakers will include Dr. Thomas Szasz, noted impeachmentinvestigation The psychiatrist. Alumni and interested lawyers as well as the school resolution, the most controversial population are cordially invited. of the conference, was introduced by Barr Potter, Columbia Law School delegate, who explained that Columbia wanted the assembly's formal support for a lobbying effort undertaken in Washington by his school and a number of others in the Northeast. The resolution, whose Buffalo's entry in the National Boston College team, which team Moot Court Competition failed will now participate in the No- "whereas" clauses alleged that the again this year to get past the vember 26 New York City com- President's actions with regard to opening round arguments, losing a petition to determine thenational Watergate "have weakened the close decision to a team from Suf- winner. Other schools participa- faith of the American public" and folk Law School which later ting in the Region I competition "may constitute impeachable reached the final round. were New England, University of offenses," met with stormy In the Regon I competition Maine, University of Connecticut, opposition from some St. John's held November 2 and 3 at Yale Albany, Syracuse, Cornell, and students who felt that the LSD delegates were not representative Law School, Tom Mullaney, Tim Yale. Toohey, and Tom Quinn represenThe regional rounds were the of their constituentsand that they competition first interscholastic were exceeding their authorityby arguing assigned Buffalo the in ted mooted problem involving ques- of the year for Buffalo's Moot taking a political stance. Buffalo delegates Greene and tions of housing rights and muni- Court Board, whose future plans cipal zoning for ecological rea- call for the entering of teams in Bowie based their support of the sons. With a brief written by Peter the upcoming Jessup, Niagara, and Columbia resolution on "student (asen, Mullaney and Toohey pre- Washington's new patent and sentiment as indicated by the SBA sented their arguments before a trademark competitions. The petition demanding an panel of judges drawn from the Board, chaired by Lance Mark, al- impeachment investigation," Junior Bar Association of Connec- so hopes to generate interest in a citing a petition circulated by the ticut in the opening round which Buffalo-sponsored tax competi- SBA after Cox's dismissal and retion tentatively scheduled for ar- turned with almost 200 signatures resulted in Suffolk's victory. in a few days. Suffolk finally bowed to the gument in March. The Buffalo delegates also noted that the Columbia resolution requested a House impeachment investigation rather Is your life lacking the glamour ing the various states forindividu- than outright impeachment, a and excitement that you deserve? al students, and then place the in- stronger step which they would Do you find yourself longing for formation on open file in the SBA not have supported in as much as palm trees, the mountains, the Pa- Office. it "was equivalent to indicting the This information is of benefit President without adequate prima cific, or Mexican food? Then certainly New York State is not the not only to third year students, fecie evidence." Investigation for Place for you to practice law. If but also to first and second year the purposes of possible you have been considering taking students. For example, students impeachmentwas, they said, more an out-of-state bar exam, then let interested in taking the California consistent with dueprocess. our Student Bar Ass'n Secretary, Bar Exam must register within After passing the impeachment Buffy Burke, help you get the in- their first three months of law investigation after heated debate, formation that you need in order school, or else be subjected to a the 2nd Circuit conference late filing fee. Of interest also is accepted another resolution, to be prepared. The National Bar Examiner, a that there is no US citizenship re- proposed by New York Law magazine which lists all state bar quirement or residency require- School, which put the Circuit in requirements, is available in the ment in California which partici- opposition to the use of SBA Office, the Placement Office, pates in the Multi-StateBar Exam. undercover police agents "posing If you wish to take advantage as students to encourags campus and the Library. It is free to all UB law students. However, all in- of this SBA service, contact Buffy drug sales and thereby entrap formation in the magazine is not Burke, who is also California's student violators," a reference to complete. If requested, Ms. Burke (Bay Area Review) Representa- the University of Texas where will obtain information concern- tive. Announcement ' such an incident recently occurred. Prior to the resolutions session, LSD President Howard Kane of Brooklyn Law School addressed the body and made several announcements regarding LSD activities: TheLSD will undertake suits against law firms which fail to meet fair hiring standards, with an eye towardpreventing guilty firms from interviewing. The LSD is trying to convince bar examiners that conviction for simple possession of drugs should not be a prohibition to bar admission. LSD wants to expand the 3rd year practice rule in New York State and may conduct a - - - lobbying effort to that end. LSD is pushing for law - student involvement in state bar associations. Federal funds for clinical education programs at law schools, authorizedunder Title 11 of the Higher Education Act, have been impounded, but the Law Enforcement Assistance Administration (LEAA) will fund clinical programs with application from law deans. The LSD National Board favors impeachment of the President, has called upon the ABA to demand resignation or impeachment, and wants to sponsor impeachment meetings at law schools throughout the nation. - Fisher: Gov't., Law & Manpower .^^_^__ Moot Court Loses 1stCompetition National Bar Examiner Harvard Prof. Frank Fisher at Visitors Forum by Gary Muldoon Frank Fisher, Director of Career Services and Off-Campus Learning at Harvard University, spoke at the law school on November 8 on the subject of manpower, government, and the relation of law school to these areas. He began his talk with some eyebrow-raising statistics on the labor market for educatedmanpower in the United States, figures which do not augur well for the college educated in the 19705. In thisdecade, he said, as many college graduates will enter the labor market as there were college graduates working in 1970. Of the 40 million entrants into the market, 10 million will have degrees, in contrast with the 1970 labor market where only one out of eight workers were graduates. The type of jobs these educated workers will have fall into three areas: one-third will replace other graduates at their jobs, one-third will take on jobs created by expansion of the economy and greater technology, and one-third will take on jobs at which college graduates did not work before. At the pre- sent time, he asserted, five million people work at jobs that are below the quality these workers could have expected five years ago, with the same credentials. This situation is unique in history, Fisher said; "no other society has ever been therebefore." The change in the job market for graduates, is surprising, and partially due to the change of governmental policy in the 1970's from the policy of the 60s. The biggest demands for educated manpower then were, in order of importance, for teaching the baby boom kids, space and technological development due to Sputnik, the Vietnam War, and the Kennedy-Johnson social programs. All of these programs have gone "pooosh," said Fisher, and in addition, greater numbers of women are entering the labor force. This surplus of educated talent could be used for solving the nation's unsolved social problems, said Fisher, except for one obstacle, "the attitude that Nixon's been playing on the 'let'shave-a-lower-tax' attitude." - continued on page 8 �November 20,1973 Opinion 6 An Interview With: The Reasonable Man and after watching all this they came to me, ME! "What would In the interest of bringing its you have done," they asked, the readers better and more sensatio- same question over and over anal news in American Jurispru- gain. As if I knew any more than dence (no mean feat), the Opinion they did! (Reasonable Man was has scooped all other papers in sobbing) bringing you, the reader, an exclu- 0: Sir, what was nni of your sive interview with the world- worst cases? famous ReasonableMan. R.M.: As I have said, torts were Rumors of the death of the pretty gory, but then they had to ReasonableMan were greatly exa- drag me into contracts, and I had ggerated, and after a careful to sit through that monstrosity of search he was found hiding in the a case, Hawkins v. McGee. Espedark recesses of the Amazon jun- cially when Hawkins went to testigle, seeking sanctuary from the fy ... that hand all hairy ... he cruel and unusual punishment ex- hadn't shaved that morning ... I acted by American justice. From wouldn't let a doctor touch me somewhere on the Amazon: fora weekafter that. The Reasonable Man slumps in O: Yes, sir, it must have been horhis chair, his body weary and his rible. When did you first notice eyes bloodshot. The Reasonable that the workload was getting heavy? Man is tired. R.M.: I suppose that it was when I Opinion: Sir, when were you first had to sit in on the criminal drafted into service by American courts in the big cities. jurisprudence? O: Yes, we have noticed your abReasonable Man: It really all be- sence in cities like New York and gan when that man was beating Los Angeles. those dogs was it Brown and R.M.: You haven't seen me, and Kendall. There have been so many you won't see me. You think any (Sighing) I remember the Reasonable Man 'would live in sweeter days of Weaver and Ward, New York? Reasonable Men get absolute liability. But then it all stepped on every day in New got ugly, especially torts Oh, York City. You see that guy athe pain and suffering I saw, the cross the river? anguish. People getting crushed, O: The fellow over there tending shot, poked, bashed, frightened, the garden? by Bill Ernsthalt Jury Sejection Experiment R.M.: Yes, that's the one. That's Enlightenment Man. He and I and by Kay Wigtil Today'sjury system has been attacked as being prejudiced in favor of the prosecution and onlyrepresenting a small sample of the community. The pitfalls of the present jury system have been the subject of many studies, which reveal that a combination of procedures blend to produce conservative, middle class, white middle-aged male jurors Renaissance Man, he lives down the River, were talking about the Real world just the other day and we all agreed that they don't realwho are not inclined to believe a person is innocent until proven ly need us back there. O: Sir, I am sure that is not true. guilty. To combat the inherent inequalities of the jury system, a groupof More than ever now we needyour sociologists has developed a system of jury selectionwhichhas proven services. of justice. R.M.: No, not me any more. If I to be effective towards balancing the scales Sociologist Jay Schulman, in an article called "Recipe For A went back, you know what they 39) describes the jury selecwould make me do? Watch porno Jury" (Psychology Today, May 1973, p. Conspiracy Trial {The Berrigan flicks all day, that's what! Over tion process used in the Harrisburg subsequently used for the Gainesville 8, case), and which has been and over. You think that's a life? raid trials. At the present time, the same That's why Earl Warren quit. Who Ellsberg, and Camden draft system is being applied to the selection of jurors by the defense team wants to get up in the morning for the Attica trials. knowing that Cool Leather and The goal of the process is to provide the attorney with demograHot Flesh is waiting for you at the phic information about the region from which the jurorswill be drawn office. I'll take the tse-tse fliesand so that he will have more than his intuition to rely on during the voir pirhanas. O: What do you see as the future dire. In the Attica cases, Schulman's system begins to compile this data of American Jurisprudence? by breaking down the population of Erie County by race, ethnic R.M.; Not much, unless Nixon resigns. Talk about un-Reasonable groups, sex, age, occupation, and education. The same is done for the list of registered voters who form the jury pool. Comparison of the Men. .. Well, sir, let me invite you to data from these surveys may result in a successful challenge to the O'Brian Hall when you are up in county's jury selection process. The next step is a telephone survey of a random sample of the Buffalo. That is the new home of jury pool to obtain specific information about their attitudes as they the BuffaloLaw School. may relate to the defendants in the Attica case. This is followed by R.M.: Yes, I read about that. Wasn't it constructed by the same face to face interviews with a smaller sample of the same group. The people who built the Treasury questions give the defense team knowledge of what media has the strongest influence on the community, their knowledge of the defenBuilding? Lot of talent there But I think that I'll take a rain dantsand the facts surrounding the case, and political attitudes as they check. I think that the time for would relate to the trial. Thisinformation is obtained through questions about trust in government, ages and activities of children, reliReasonable Men in America has gious attitudes and commitments, and spare time activities, among passed. others. From this information, the "best" and "worst" jurorsare defined according to the responses. For example, the ideal jurorin Erie County may be a Black Catholic woman with a college education.Each of the demographic characteristics is given a rating according to how favorATE, Association of Tennis now. Sign-up list is located in the spouses, and faculty members. At £ n thusiasts, is sponsoring two first floorstudent lounge. a date to be announced, the tennis able or unfavorable it will be. During the voir dire, the attorney will Winter Tennis programs for law An afternoon tennis program is evening will feature singles and ask the panel members questions which will reveal their demographic students, spouses, and faculty available for open time tennis play doubles tournaments, free playing background, and the prospective jurorwill be rated accordingly. any time Monday through Friday time, full use of BTC facilities, members. Once the selection process has narrowed the number of possible Beginning December 9th, between 12 noon and 3 p.m. at including sauna, bar, and lounge, jurors down to a workable size, the defense obtains as much informarunning until February 16, 1974, the BTC. A special rate of $3.00 and refreshments and general tion as possible about each individual. This is done through interviews will be a ten week session of per hour for singles or doubles is socializing. This event will be with neighbors, friends, employers, etc. This "community network," evening tennis. For $35.00, the the cost. open to tennis enthusiasts of all as Schulman calls it, can provide crucial information about whatkind program guarantees V/i hours of For information on the ATE levels and non-tennis enthusiasts. of juror the particular individual will be. tennis for ten weeks, including programs, call 882-2845 late full use of the facilities available evenings, and weekends, or leave a at the Buffalo Tennis Center, message for Pearl Tom on the where the program is located. Student Message Board. Program membership is limited to A "play-all-the-tennis-youa first-come basis. Membership want" evening is being planned in a iouim: did not have to make 3:00 during the time I work with by lan DeWaal applications are being accepted for all interested law students, up credit hours if they received an placement. Please note that the In the next two weeks a numH in the same semester. This is no Federal Summer jobs Bulletin is ber of things are going to move in longer the case. Any student who now available as is the National the Law School. First, the Finan- receives an F must make up the Bar Examiner. Please contact me The monthly faculty meeting held in room 210 on Wednesday, cialAid Office will be moving into credit hours to fulfill credit re- for copies. November 7, proved to be a long one in which some of the items Room 303. The office I am cur- quirements for graduation. * ** scheduled on the agenda were not reached. Discussion on the proposed rently in will become the AdmisFor those of you who are loo*** security system for O'Brian Hall was so long and heated that no vote sions Office (Room 309). Also,all Students who are planning to king ahead, it is almost time to was reached. The problem will hopefully be resolved at the next the official bulletin boards of the drop a course should do so as start applying for financial aid for meeting. school will be moved into the se- soon as possible. SARA, the com- next year. Applications will be Professor J. Hyman, chairman of the Long Range Planning cond floor cafeteria area. These puter registration system, has available from the Financial Aid Committee, delivered a report on long-range plans for the law school. include Placement, Financial Aid, been known to fail under the last Office in December. The appropri(Student members of the committee are Terry DiFilippo and Debbie Student Notices, and Registrar. minute swamp of drop-cards. In ate form must be filed with the Brodnick.) While the Committee is not yet ready with a complete Class Notices will remain on the order to assure the proper drop of College Scholarship Service by report, Hyman said, it has come to several tentativedecisions, "usually second floor. This move will hopea course, it is advisable to give February 1, 1974, and the appronot unanimous." Among them: the professional program should move fully ease communicationsby put- yourself as much lead time as pos- priate Form UB must be filed away development specific from the of centralsible to allow for the correction of with the University by March 1, subject ting and towards the all information a areas, m in development of introductory lecture courses in the second and third ized, highly utilized area. As far as foul-ups. On a related matter, if 1974. years, followed by more limited and intensive courses; and the the cafeteria is concerned, Food you haven't picked up your final ** * Al Katz is Associate Professor development of an experimental first year section shouldbe examined. Service has indicated that they class card yet, please do so. This is The Proposed Integrated Professional Practice Training Program, a will be operational either the the only way to make sure you currently under consideration for full Professor. A list of students previously distributed plan for implementing clinical studies at the law week before or the week after are properly registered. randomly selected from his past school, was discussed. After a straw poll to evaluate general faculty Thanksgiving. Spring vacation has � classes has been posted on the response, it was referred back to the APPC for further review been moved conform with the in to * accordance withusual procedure on such issues. rest of the University. Recess will I will be helping out with Student Notice bulletin board still The faculty endorsed Provost Schwartz* proposal that a full-time now be from March 18 through placement for the next couple of currently on the third floor. If placement officerbe hired, and endorsed the Provost's nominee for the March 23 instead of March 25 weeks, including the scheduling of you are listed, you are requested interviews. If you want an inter- to pick up evaluation forms'from new position. It is hoped that the new Placement Officer will be through March 30. view, please contact me in Room the Provost's office. Any other working before the Christmas Break. * * * Seniors in particular should be 303. I will have the placement students who would like to comFinally, the faculty reaffirmed the present grading system after longer the aware that there is no an books. In order to alleviate any in- ment on the proposed promotion some dispirited discussion marked by strong statements from student members to the point that the present system seems to work averaging rule in the school. In the convenience, I will be adding Fri- should write a letter to the Propast, students who received an F day office hours from 10:30 to motion and Tenure Committee. very well, and is endorsed by the student body. . . .. .. : . ATE Launches Tennis Program Turn of the Screw Faculty Meeting Notes - * �November 20,1973 Opinion PAD Chapter Activated LSD Summer Sojourn by John Levi by Skip Hunter The Carlos C. Alden Chapter of Phi Alpha Delta Law Fraternity, International is the only recognized professional fraternity at the SUNYAB School of Law. At present, it consists of 12 active members and is headed by justice James McLeod. PAD has 112 active chapters, more than any other law fraternity in the world. Almost 3,000 law students become members of PAD every year .without restriction by reason of race, color, creed or sex. The Chief Justice of the United States, Warren E. Burger, is a PAD member as is Mr. Justice William O. Douglas and retired Justices Charles Whittaker, Arthur Goldberg and Tom Clark. PAD is an international organization having chapters domiciled in Canada and Puerto Rico. It was the first law fraternity to develop a life insurance program designed to give its members maximum protection at lowest costs; the first to develop disability income insurance programs for its members; and the first to sponsor receptions for members attending theannual conventionof the ABA. PAD is the only law fraternity which sends its national quarterly publication to all members for life, at no charge, and sponsors and finances District meetings for its members. These meetings serve to encouragethe interchange of ideas and professional programs. PAD awards fifteen $500 scholarship grants each year to student members of the fraternity, and is presently engaged in a program to enlarge its Endowment Fund so that more funds may be made available for loans, scholarships, etc., to its members. It pays more convention expenses of active and alumni delegates to the National Biennial Conventionthan doesany otherlaw fraternity. PAD publishes a Directory every five yearswhich is distributed to alumni members in good standing free of charge, and it sustains more professional activities than doesany other law fraternity, with 100%of all initiation feesreturned for student member benefits. This year, PAD will conduct its international convention in Toronto, Ontario. In addition, PAD hopes to sponsor the following professional seminars: a panel discussion on the New York State Drug Law with representatives of the Erie County Bar and a member of the Erie County Sheriffs Department; a symposium on Pre-Paid Legal Services; a symposium on New York State's no-fault Insurance Law which begins in February, 1974; and- lectures by leading local and national members of PAD. Professor W. HowardMann is the faculty-ad visor to PAD. Applications for membership can be secured in room 10 (behind the Moot Courtroom). For further information, contact Jim McLeod at 837-0343. The Law Student Division of the American Bar Association held its annual meeting this summer from August sth to Bth in Washington, D. C. Marty Miller represented the Student Bar Association and student body as a member of the House of Delegates. I attended as an Editor of OPINION. Much of the business of the Law Student Division transacted in the course of the convention was formal and routine. Resolutions were offered and passed, by-laws were instituted and eliminated, and a new LSD President was elected. The election af a new President was the true focus of the Delegates' sojourn, with heavy campaigning and causussing the order of the day. The election was completed on the final day of the convention,when Howard Kane, a student from Brooklyn Law School, became the current LSD leader. The LSD also sponsored a variety of informative speakers and panel discussions, which proved much more interesting and valuable to the unpolitic than the Legislation Project Work Underway Buffalo Legislation Project has commenced to work on three new projects. Gerry Schultz, a second year student, is heading a team which will work towardsthe passage of a county ordinance prohibiting disposable bottlesand cans. Reformation of §447 of the New York State Election Law is the subject being pursued by another new research team led by third year student Timothy Toohey. A third team is working closely with theNew York State Eminent Domain Commission on various aspects of legislation being prepared for the coming legislative session. This team, led by third year student John Levi and including second year students Pam Hellman and Ray Stapell, recently visited the Commission's headquarters in Syracuse to coordinate their efforts with those of the Commission,and are being advised by James Magavern, Erie County Attorney and a former counsel for the Commission. Magavern is a part-time faculty member at Buffalo Law School. Projects previously commenced are progressing well, and some shouldbe completed before Christmas Break. Anyone interested in participating in projects already begun or new projectscommencing next semester shouldvisit the BLP office at room 505, or call extension 2)47 (636-2147 from outside O'Brian Hall). Law Wives News Bring a canned good to school on November 20 to donate to the Salvation Army. The Student Law Wives Association is holding a canned goods drive and will trade a delicious home-baked good for a can. "We are deeply interested in ways to help others, but try to choose means best suited for the busy law wife," explained Mrs. Michael Paskowitz, President. "We feel this canned goods drive is a itself easily, way in which the entire law community can give of effortlessly and yet meaningfully." charitable many is involved in The Student Law Wives Association as well as social projects. On their list of charitable endeavors can be found service to the West SenecaState School, and the Erie County Penitentiary Social Events include parties, informal coffee hours, family ice gatherings and events scheduled for children. On the well educational side are also mini-lectures given by law professors as as an in-depth look at most court proceedings. Any interested law wifeis welcome to join thjs organization. 7 work of the House of Delegates. Scheduled luncheon and dinner speakers included Professor Alexander Bickel of Yale, Ramsey Clark, and a former director of the prison system of North Carolina. Professor Bickel never made it, but the other two did, providing interesting meals for the mind. Former Attorney General Clark spoke of the challenges waiting for us to graduate.Citing the Warren Court as his exemplification of adherence to the American Ideal social responsibility, moral leadership, and republicanism, Clark noted the efforts of that era to improve the tot of oppressed people under the system, and enumerated those who now need to receive similardedication from lawyers: Eskimos, the retarded, Indians. Speaking in the swelter of Watergate Summer, Clark urged young lawyers not to abandon government service. Among the panel discussions offered by the LSD were sessions on the lawyer's role in the search for peace in Southeast Asia, racism in American law, and many others, too many for one to attend. Outstanding from the crowd was a discussion on freedom of the press, jack C.Landau, a reporter for the Newhouse Newspapers chain and a leader of the Reporters Committee for Freedom of the Press, moderated with the overwhelming responsibility to act responsibly, he questioned whether any power should be allowed to operate without conscious safeguards from within or without. Ruckeishaus refused to advocate governmental control; he limited his arguments to ques- Former A ttorney GeneralRamsey Clark tioning the press1 relative lack of Attorney General William accountability in the new role it Ruckelshaus; James Goodale, gen- plays as newsmaker. eral counsel for the New York Goodale responded directly to Times; and Richard Schmidt, Jr., Ruckelshaus' remarks, saying that general counsel for the American he believes the press is accountable only to Truth, and that is the standard by which it has been and must be judged.Mr. Schmidt then recounted the recent court decisions affecting the press; and the panel elucidated the issues being litigated in Caldwell and other decisions. While the LSD provided enough for one to do, the ABA, which concurrently held its annual convention, put on a horde of activities involving every area of the law. Remarks were made by prominent lawyers from Chief Justice Burger to Governor Carter of Georgia. Sessions were held to examine the difficult issues presently confronting lawyers in all phases of practice. One could not begin to do all ill*.' things available in the short time of the convention; and I was disappointed that the SBA could not send as many interested stuChief Justice Warren E. Burger dents as possible to participate in a wider range of activities than Society of Newspaper Editors. one person was able to do. The Ruckelshaus led off the debate opportunity to learn about any of citing Pentagon Papers the conby the myriad areas of legal practice troversy and other recent news as should not be passed up when it is evidenceof the growing power of offered; and although next year's the press as an independent actor convention is scheduled for Hono(contra commentator) in the new lulu, no student should miss a new politics. Charging the press closer chancewhen it is available. a panel consisting of then-Deputy -- From Left: jackLandau, William Ruckelshaus, Richard Schmidt, jr. �November 20, 1973 Opinion 8 Alumni Line by Earl Carrel Isn't it amazing how quiet things are now that the elections are over? Congratulations to our many alumni who were re-elected, elected, or somehow moved up in the recent ballotting. To those who were nominated, but not elected, we're sure you will have more success in the future. ** * As the North (or as it is now officially designated Amherst) Camdevelops, more buildings or parts of buildings are being named, and the Law School is certainly getting its share of the honors. Halloween Party: The first floor lounge clock nears the witching hour of4pmas students and faculty throng The Administration and Services Building, scheduled for completo celebrateboth the 31st of Octoberand the return of Prof.Ken Joyce to his teaching duties. Photo by tion in late 1975, will be named for George D. Crofts, a professor at Buffomante. the Law School from 1904 to 1925. ProfessorCrofts, whoalso served as Registrar and Secretary of the Law School during his tenure, was instrumental in the development of the library and in the reorganizationof the businessand financial structure of the school. The Faculty Library and the courtyard at O'Brian Hall have been Schools have And named result, not. to honor Philip Halpern, '23. Judge Halpern joined the faculty by Skip Hunter as a intoxicated spectators at Clark either the $10 per person fee must Hall gym. in 1925 and continued to teach until 1953. He served as Acting Dean The Shysters are no more, at be paid or all athletic facilities and In a contest marred by two from 1943-1946 and as Dean 1946-47. His election to the New York least as far as IM league football participation in the IM program at People starters disqualified on State Supreme Court in 1947 did not stop him from teaching and he for 1973 is UB are off limits fouls to us. competition and another for shoving even consented to serve another term as Acting Dean 1952-53 while on concerned. This powerful squad, The Student Bar Association Referee Steve Shapiro, the Lucky the bench. Only his appointment to the Appellate Division in 1953 often referred to as the O'Brian has not as yet decided whether to Stiffs moved out to a forced him to leave the faculty. Refugees, was ejected from the raise our student fees. This issue commanding 1-0 lead in the tough *�* 4:30 Independent leaguegrid-iron will come up for discussion in the independent division. Crucian S. Messina, '38, has been appointed Erie County Comcircuit by order of the SA/GSA. next several weeks. §A/GSA have Such a tournament-future team missioner of Jurors. Apparently, the reason was the approved a flat fee of $500 to as the "Stiffs" needed some help *** failure of team members to cough cover the law school's to win, and they got a large Samuel L. Green has been named to an interim appointment to up $10 each for an athletic fee participation in the program. measure of it from 10 personals Buffalo City Court. Judge Green will serve until the end of 1974. card which is good for the entire Thanks to the strong lobbying called againstthe People. academic year. But why must we efforts of Pearl Tom and Dick "We were hurt badly when our Kenneth A. Cohen has been appointed an Assistant United States now pay money for the use of Maigret, the necessary funds for center Glenn Lefebvre got into Attorney for the Western District of New York. recreation and intramural facilities this endeavor were allocated by such a foul fix all on low inside * * *for Judge John T.Curtin in U.S. Susan L. Bloom, '73, is clerking whereas in the past our student the Budget Committee of the calls," said "People" coach Dick fees covered this? In other words, SBA. But even though the Maigret. "He was ineffective on District Court in Buffalo. defense after that, and Hawkins why doesn't our student fee cover committee's decision is not final *** David A. Sands, '73, is clerking for the Appellate Division, Fourth the Athletic Program at Clark until voted on by the SBA, we took advantage of the smaller men anticipate no problems in getting who switched on him." Department in Rochester. Hall? Bill Monkarsh, the program this piece of legislation passed. Hawkins had lifted the Lucky **� director and coach of the varsity So even though the Shysters Stiffs from a 16-11 lead at Michael Sawickt, '73, is clerking for Judge Matthew J. Jasen, '39, baseball team, tells me that this did not fare too well in football halftime into an 8-point margin of theNew York Court of Appeals in Albany. when Reed Cosper, who led the year the mandatory student fees this season, the "People," our for undergrads and graduate Cinderella basketball team, are People to a second place berth in students were raised so as to cover riding out the storm, holding onto last year's overall standings, was the incidental costs of the the hope that the money will be ejected with 6:10 left in the program: groundskeepers, appropriated shortly. Thus far, secondhalf. equipment repair and supply, they have entailed no problems "Shapiro didn't see what payment of the referees, etc. The and look to 1973 to be a banner happened," said Cosper. "He professional schools were left to year. called me for pushing off when I decide whether they wanted to With their front-liners Carl was the one who was pushed." Unfortunately, Reed pushed allocate a certain percentage of Hawkins and Ed Jones racking the their pre-existing student fee boards and collecting 22 points the referee as he protested the schedule to the program or to between them, the Lucky Stiffs call. With his departure, the raise their fees to cover this cost. squeezed by the People in their People never got closer than three The Dental School has complied basketball game here on Monday points as the "Stiffs," in the last 5 by employing the latter method night, November sth, 36-32, minutes, built up their small whereas the Medical and Law before 30 screaming and visibly margin of victory. pus Will Sport Survive? Fisher continuedfrom page 5 Fisher supplied statistics show- ing the dramatic change in federal hiring in the Johnson years and "*■ the Nixon years. The surplus of educated people is apparent in the field of law, too. In 1970, there were 280,000 practicing lawyers in the United Mates, and 100,000 law students. He noted in an aside that even as the numbers of law students have increased greatly, the quality has also gone up. Boston U. law students today have higher aptitude scores than Harvard Law students had in 1967; and only 15% of the U. Chicago law students of ten yearsagocouldget in there today. Fisher expressed a hope that law schools will in the futurehave a greater diversity than they have now, expanding around the concept of law and acting as a law center. He gave a few examples, such as teachingparalegals, police, college undergraduates, and law school graduates. Fisher addressed himself to the question of why there are not more people in government, and what universities can do about it. He saw the solution as gettingtalent into government, rather than giving more training to people headed towards government. Fisher contrasted different types of graduate schools, and came up with the conclusion that law schools have an edge on public policy schools, business, and schoolsof political science in providing this talent for government. In law schools, analytical thinking and the ability to isolate issues are developed. Lawyers are used to meeting deadlines, he said, while scholars seem to be inclined toward the opposite view: the longer the time given to research, the closer one arrives to the truth. Businessmen, being engaged in the private sector of the economy, do not see the public interest side of issues, while lawyers are trained to see the other side of the question and are more able to appreciate the public interest side of problems. This indicates that lawyers are perhaps better suited for work in government than business school graduates and political scientists. On the debit side, Fisher felt that the legal profession had some drawbacks for work in government. The first drawback he called "care," asserting that lawyers are unable to delegate responsibilities, feeling themselves too personally responsible for their work. Lawyers are also deficient in economics, Fisher felt. But, on the whole, the legal profession, relative to other professions, has a favorable position for work in government in the 19705. by Gary Muldoon ACROSS - 1. For law students, after-school hurdle. o. Learn from printed matter. 9. Erie-Lackawanna's type ofroad. 10. Paper art. 12. Mr. Abel. 14. 23.8% of the students here. 15.Parasitic insects. 16.Economic Opportunity Act; abbr. 17. How Liston did.inPatterson. 18. Bills' group, abbr. judicata. 19 21. Sandwich. 23. The way | imi and Janis died. 26. Yiddish expression: var. 27. One's glove, thrown down. 29. The analysis of a precious ore. 31. Directs. 33. "Read The Problem," he said shortly. 34. Kind ofcourt. John, James,and campus figure. 37. Registered nurse, abbr. 38 facto. 35, ! DOWN 1. Superseded Plessy v. Ferguson, shortened 2. Air (comb. form). 3. Atlire; poetic. 4. " Night," longtime soaper. 5. Provide with weapons. 6. Normal the pig. 7.Oil and Grace. 11. Analogy. 13. A&P's idea. 20. MacDonald's refrain. 22. Aniseptic man. 24. Prosecutor or haircul; abbr. 25. Communist Hall. 28. British pokeys. 30. Canned meat. 32. Whal you help gel Charlie off of. 36. Spanish yes. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-11-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/20/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/adfe38c227e7cfdfdd086d98bab7f20c.pdf b252898232f2d313c9b2f06f1b2de323 PDF Text Text Opinion Opinion John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 3 -Levi Moot CourtRoom Dedication by JohnLevi U.S. Postage PAID Buffalo, New York Permit No. 708 State University of New York at Buffalo School of Law Appellate DivisionSits at Alden Moot Court Room Dedication The Carlos C. Alden Moot Court Room in O'Brian Hall was dedicated on Monday, October 22, with much pomp and a precedent-breaking session of the Appellate Division, Fourth Department, Supreme Court of the State of New York. In a day which was described as following Non-Profit Organization the ideals of the late Dean Alden, who led Buffalo Law School from 1904 to 1936, students were given a unique opportunity to witness actual appellate argument, and later could meet the judges and lawyers involved. The morning was devoted to the proceedings of the Fourth Department. The appellate judges, who normally sit in Rochester, traveled to Buffalo especially for the dedicatory session, in which a wide variety of cases was heard. About 400 students, faculty and interested observers jammed the Moot Court room for three and one-half hours, listening to arguments on habeus corpus, perjury, motions to suppress, and other points of law. Practiced appellate lawyers and raw Legal Aid attorneys alike presented oral arguments in the packed court room. Students were able to hear Samuel Fried, class of 1972, present an oral argument before an actual court. For many, the short step from school to actual practice was suddenly perceived. After the court adjourned, a buffet luncheon was held for the judges. Faculty members and students on the Moot Court Board were given an opportunity to speak informally to the judges about the morning's caseload. In the afternoon, the Carlos Alden Moot Court Room was formally dedicated. The brief ceremony was attended by many prominent local lawyers and law school alumni, who listened to short speeches by Provost Richard Schwartz, Albert Somit, Vice President of the University, Robert Koren, President of the Erie County Bar Association, and judge Dolores Dcnman, this year's Alumni Association leader. The eulogy was delivered by Frank G. Raichlc, Jr., Class of 1 19. Raichle, a prominent Buffalo lawyer with an illustrious career of his own, eschewed an enumeration of the accomplishments of Dean Aldcn for a few chosen memories from personal experience. In moving and sometimes humorous words, Raichle evoked the spirit of Dean Aldcn as a tireless worker for the law school, the Buffalo community, and thelaw. Dean Alden served Buffalo Law School for fifty-one years, professor, and professor dean, as emeritus. Coming to Buffalo in 1904, at the age of thirty-eight, October 30, 1973 he transformed a small school with only two paid positions the deanshlp and an into a large, administrator respected, and viable institution. As dean from 1904 until 1936, he mixed administrative leadership with long hours of teaching. When, in 1936, he reached the mandatory retirement age of seventy,, he continued as a professor until 1954, and as professor emeritus until 1955. Frank Raichle recalled a picture of the dean as a tireless worker, always looking for ways to improve thelaw and its practice. He was a leader in the fight to establish Legal Aid Societies here and elsewhere. And when he entered private practice with Raichle's firm after retiring as^ dean, he demonstrated the talentshe had given to legal education. "He could have been one of our greatest advocates," asserted Raichle, "but he preferred to imbue a generation of lawyers with his goals and skills." It therefore seems fitting that the moot court room, which will serve as the testing ground for Buffalo's future advocates, is dedicated to the memory of the — — man who worked so selflessly for the betterment of Buffalo Law School and thelaw. SBA, SFRB Reps Elected by Skip Hunter.. On Monday and Tuesday, October 15th and 16th, the Elections Committee of the Student Bar Association held student representative elections for the SBA Board of Directors and the Faculty Student RelationsBoard. S ix first year student reps were elected to the SBA's legislative body. They are Margaret Wong, who received a resounding 95 votes, followed by Rosemary Gerasia, 59; Ray Bowie, 57; Jerome Carr, 56; Gerald Hudson, 51; and Chui Karega, 47. The election was, indeed, a very closely contested one. The following unsuccessful candidates nearly secured positions on the SBA but lost by slightest margins: the of out Sanford Presant, 46; Paul Equale, 46; Ruth Siegel, 45; Charles Wilson, 40; Scott Field, 35; Charles Spiegel, 29; and RobertRosenthal, 25. The only declared candidate for the two student positions on the FSRB was second year student Kay Wigtil. Ms. Wigtil received 93 votes. Rosemary Gerasia, mounting a vigorous write-in campaign, received 17 votes to secure the other FSRB position, Originally there were three slots open to students-on the FSRB but as a result of the apparent lack of interest generated by the student body in failing to submit nominating petitions to this all-important faculty grievance board which hears grievances between faculty members and students, the Board along with SBA President Marty Miller decided that two positions were adequate. The unsuccessful write-in candidates to the FSRB are: Paul Equale, 15; Catherine Schutch, 9; Deborah Miron, 8; Richard Glick, 7; and Shirley Waters, 6. The referendum question posed to the body was: Should the SUNYAB Campus Security Force be equipped with firearms? The student response was 118 NO votes to 38 YES votes. Only 2 or 3 complaints were made as to the way that the question was phrased these complainants rejected the absolutist stance of the question (yes or no) and wanted the question posited in a qualified way (limited or selective arming). But in light of this minimal amount of objection, the question as written has been certified and the results approvedby the SBA. A total of 193 students voted in this election 161 first year students, 11 second year and 21 third year students. The turnout for this election was relatively high. But the lack of interest — - Kay Wigtil exhibited by the upperclass students was both noticeable and deplorable. It is important that candidates to the FSRB be selected carefully by the members of the student body because of the great power and importance that this Board possesses. All students are affected by the actions of the Board and, as such, all students should have a voice in electing responsi ble represen tatives. I n addition, the referendum was almost exclusively decided by the first year class and as a result, this vote will go on record as the official opinion of the entire student body on this currently importantissue. There were several reports of election irregularities removal of campaign posters and signs, campaign activity too near the - (I to r) GeraldHudson, Margaret Wong, Jerome Can, Ray Bowie inadequate polling booth, election publicity, problems with the procedure for filing nominating petitions, etcetera. No challenges or complaints were lodged with the Election Committee, so the election will stand a* is. But in light of these alleged irregularities, the election law and procedure promulgated thereunder, will be reviewed for revision, amendment or repeal. Recommendations will be made to the SBA within the next few weeks. The ballots were counted twice and certified by the Election Committee, consisting of myself and the SBA Directors Wesley Taylor and Lester Sconiers. Special thanks to Neal Dobshinski, also an SBA Director, for his invaluable assistance at the polling booth. Hirsch votes Congratulations the to winners and I hope that your terms in office will prove stimulating highly and rewarding. -Bufomante �October 30, 1973 OPINION 2 Editorial Letter to the Editor To the Editors: What explanation exists for the Brobdignagian approach to classroom life beingmade by the State University Construction Fund? I refer specifically to the "Type A" classroom seating Regretfully, we find the need to comment with dismay on the fiscal non-policies of the SBA during the past nine months. We find that not only does the President not know what's going on, but neither, unfortunately, does the Treasurer. We find that bills due last February have not been paid, neither has therebeen any notification either to the debtor-student organization or to the hapless creditor. Throughout the year, there has been difficulty with obtaining orders of supplies from Central Stores, due both to foul-ups by Sub Board and to mass confusion on the part of SBA. Communication between the two groups (both elected to serve students) has been extremely poor. Communication between SBA's fiscal officers and the organizations funded through SBA has been non-existent. The need for vigorous representation of law students at Sub Board meetings by our Second Vice-President has not been met. Questions to our financial non-leaders produce soothing assurances that all is well and will be accomplished in the fullness of time. Meanwhile, organizations have no idea where they stand it is not clear which bills have been paid and which have not. Students endeavor to pacify angry creditors without themselves having any idea that their promises will be supported by swift payment. Available records are vague and not documented by invoices, REP forms, checks or — receipts. And meanwhile, STUDENT CREDIBILITY WITH SUPPLIERS SWIRLS DOWN THE DRAIN. The obligation of SBA to give responsible financial service to students is clear. If this obligation cannot be met, we must question at least, the suitability of SBA's fiscal officers for their positions, and perhaps, even, whether SBA itself is a viable organization as it now exists. arrangements presently being installed on the first floor of John LordO'Brian Hall. Unless one happens to be over six and a half feet tall, one will undoubtedly find that the desk surface is inordinately high, creating a very uncomfortable if not impossible arrangement. writing Upon researching the matter through the University's Office of Facilities Planning, I was assured that the seating plan does meet State University Construction Fund specifications. My interpretation of available specifications agrees. The critical measurement in question is the distancebetween seat surface and desk top. measures If one any standard desk-type seating arrangement, one will find this measurement to be generally between ten and twelve inches (although an architect consulted set the ideal even much lower). This is the measurement (actually eleven to The Gadfly twelve inches) which is required in SUCF specifications. However, their measurement is from the highest point of the seat surface, which in the case of these chairs is not the critical dimension. The chairs are contoured; there is a significant indentation for one's derriere. Does it really matter where one's knees (which rest at the highest point of the chair) are in relationship to the writing surface? I would have to contend that it too is an important issue, but generally not nearly so critical to one's writing performance as the ass-to-desk-top dimension which Volume 14, Number 3 October 30,1973 .. "If you wish a picture of the future, imagine a boot stepping down on a human face, forever." Said to Winston Smith, Orwell's 1984 They do not wear armbands, march around in jack boots, or-appear in the accompaniment of guard dogs. Nor do they speak of the Aryan "übermensch" or the Soviet man as the Utopian end-product of genocide or eugenics. Rather, they operate either in the surgeon's smock or the politician's business suit,and their speech is of pacifying society through scientific conlrol of aggression. Their dream is the therapeutic slate, and its appearance is indeed that of a boot positioned over the face of mankind. Right Next to Mom While B.F. Skinner's program for taking us "beyond freedom and dignity" generated public revulsion over its explicitness, increasing numbers of Americans, frustrated with domestic violence and with military debacle in our attempts to impose the Great Society abroad, have come to accept technological control of fellow citizens for the sake of domestic pacification, always the precondition of any welfare state. Hence, while frantic efforts were made to bar the Skinnerians at the front door, Ole B.F. simply came in through the kitchen and settled comfortably in the living room, right next to mom and the freshly-baked apple pie. elite. And;ysfcih«.£&* prtyuul Is only the tip of .m iceberg, the' Vubrrtergeo/ part of Which invofyeVtheradical redirection of psychosurgery towardpolitical aims. Convergence Revisited With the development of each major social crisis, moreover, less and less of that iceberg has remained submerged, with the result that the public has generally acquiesced in a revival of lobotomy operations directed against the "deviant behavior" of social outcasts, non-conformists, and ideological dissenters. So extensive has ihe psychosurgical revival become, that it lends credibility to the "convergence theory" in international Let us move now to correct the situation before it is multiplied. Barbara H. Willis 1)1)1111011 * • i~\ -- - - - - Articles Editor Skip Hunter Features Editor Kay Wigtil SportsEditor Skip Hunter, M.C. Staff Frank Buffomante, Shelley Taylor Convissar, lan De Waal, Rosebeth Levi, Bortcha Motcha, Gary Muldoon, Peggy Rabkin, Gerry Schultz. r OPINION is published eery third week, except for vacations, during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, John Lord O'Brian Hall, SUNY/H North Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at Buffalo, New York. politics, wherein the U.S. and the USSR political systems are said to be drawing closer together, inasmuch as the trend in this country seems to be toward emulating the Soviet practice of institutionalizing as insane any political deviation. Frightened by the rapid succession of social crises since the 60's and willing to condone unprecedented repression in reaction, the American public, sadly, has failed to heed warnings of this convergence. Warnings there have indeed been. When the first wave of lobotomy spread to the U.S. from Portugal in the 19305, the operation was largely confined to the purpose of "pacifying" incorrigibles in state mental hospitals, and by the 19505,an estimated 50,000 hospital inmates had undergone the surgical procedure, which involved mutilation of prefrontal brain tissue so as to deaden' emotional reaction. Lobotomized patients exhibited intellectual deterioration, apathy, and withdrawal, effects intended by the operation to facilitate their handling by hospital attendants. By the 19605, at which time the operation was generally performed by electrically inducing lesions deep within the brain, promoters of the operaion began talking about its "social cost-effectiveness," or its utility for the control of social deviation. The warning signs were up. With Liberty and Therapy for All By the late 60's, the revival of lobotomyhad begun, this time with a more politicized purpose, with almost 1,000 operations a year being performed in dozens of medical centers, mostly on women diagnosed as "neurotic" or manic-depressive. The practice gained acceptability as treatment for "hyperactive" children, where limited lobotomy or amygdalotomy was used to reduce spontaneous activity and enhance controllability, next generation of social engineers. seating arrangements. Editors-in-Chief Kay Latona, John Levi Managing Editor Ray Bowie Photography Editor Chris Belling Alumni Editor Earl F. Carrel Without Freedom or Dignity "After the operation, they develop a sense of fear. I n cases that are still mildly troublesome, the threat of punishment quiets them The patient became more cooperative and obeyed commands." Baiasubramanian, Indian Neurosurgeon - in thiscase is fourteenand a half inches. The question remains as to what relief, if any, can be granted. Clearly, if the lecture room seating does meet SUCF contractual specifications, there is no recourse from the manufacturer or installer. However, does this mean that we must accept and retain SUCF standards when they don't meet human needs? There will be a great deal of construction on the North Campus in years to come, including installation of various Psychosurgeons Vernon Mark and Frank Ervin, who have received generous federal funding through the Justice Department, responded to the Detroit riots with a letter to the AMA Journal, in which they contended that "the real lesson of urban rioting is that we need intensive research and clinical studies of the individuals committing the violence ... to pinpoint, diagnoseand treat those people with low violence thresholds." The foundations of the therapeutic state were thus laid, intellectual foundations upon which the political structure is being built. OPINION is funded by SBA from Student Law Fees. by Ray Bowie As civil libertarianscould be counted upon to oppose operations performed for such purposes, the psychosurgeons at first pretended that their experiments were designed to cure epilepsy and "brain disorders," and few were as candid as Jose Delgado when, in Toward a Psychoclvilized Society, he openly disparaged civil liberties: "This type of liberal orientation has great appeal, but unfortunately its assumptions are not supported by neurophysiological and psychological studies." Delgado subsequently advocated a billion-dollar federal program for "physical controrof the mind," shortly after which the Justice Department's Law Enforcement Assistance Administration began the funding of psychosurgical research for the treatment of violent offenders, the first of a number of federal research grants in 1971. As the experiments were confined to prisoners, mental patients, and social outcasts, the interest of civil libertarians was not yet aroused, even though few cures of "epilepsy" were reported. One Step Backward In 1972, the therapeutic state suffered a mild setback when, due largely to the renewed efforts of psychotherapists who had fought the first wave of lobotomy in the 50's, Congress refused funding of further psychosurgical operations, with a number of states following suit. The setback occurred, however, only after a series of scandals involving vegetablized- "cures" and several suicides, all subsidized courtesy of the National Institute of Mental Health, and even then, there remain professional psychotherapists who continue to promote psychosurgery and legislators whohave adopted only a "wait and see" attitude until the current furor subsides. And TwoForward ''science, hfs criticisms are corroborated only by those sufficiently outcast or nonconformist to have directly experienced the oppression of that "science," while the vast majority of Americans still find both the science and its refutation too remote to be of immediate concern. To be sure, behavioral "science" and its psychosurgical methods will become less remote to the experience of Apieripans as the therapeutic state consolidates its ascendancy, but by then their concern will be of little import. The boot will have descended on thy human face, and Utopia will be ours. �October 30,1973 OPINION 3 It Am 't Necessarily So Some Common Myths about the Women's Movement by Shelley Taylor All too often, the Convissar most educated and most potentially positive forces in the community are opposed to "movements" on thebasis of the popular myths which surround them. In an effort to mitigate that harm to the women's movement, the following three (mis)conceptions are offered. 1. AFFIRMATIVE ACTION MEANS REVERSE DISCRIMINATION AND QUOTA-SETTING. According to first year law student, Ray Bowie, in his article called The Great Quotafication {Ethos, Sept. 6, 1973), Affirmative Action is "a reverse discrimination which would rectify past wrongs by perpetrating and sanctioning new ones, a vengeance ethic rather than an equal opportunity ethic." Further, Bowie complained that "the actual implementation of an affirmative action plan necessarily implies the establishment and filling of quotas" which he said "can be determined only with reference to the proportions women and minorities comprise within the population." Fortunately, Bowie is patently incorrect on all points. The Department of Labor guidelines state that goals required by the affirmative action order "may not be rigid and inflexible quotas that must be met." Further, President Nixon's own statement on the subject labelled numerical goals "an important and useful tool to measure progress which remedies the effect of past discrimination," yet cautioned that such goals "must not be allowed to be applied in such a fashion as to, in fact, result in the imposition of quotas..." And further, the determination of goals (set by each unit in schools or businesses, not by the government) has no relation to the "numbersof women and minorities within the population." The establishment of goals is based solely on the availability of such groups. If women and minorities are in the job market and // they are underrepresented in that unit and if they are qualified to fill the openings, then it would be a violation not to recruit and hire them. This is hardly reverse discrimination, unless Bowie thinks that women and minorities shouldn't be hired even if they're qualified, underrepresented and available. .. 2. THE MOVE TO HIRE WOMEN IS WRONG BECAUSE WOMEN (A) DONT WORK OR (B) DON'T NEED TO WORK OR (C) QUIT WORK AS SOON AS POSSIBLE. This statement typifies probably the most destructive myth about women. The feeling among employers, both male and female, that women workers are unreliable ordon't really need the work has helped to create the very disparate system we have today. The facts, however, show these conceptions to be unfounded. Women, even in the early twentieth century, contributed five million workers to the labor force in this country. Since then, that number hasrisen to over thirty million (30,000,000) in 1970. According to Professor may Davidson of the UB Law School, "these figures not sufficiently dramatize the importance of women to the economy. It is obvious, however, that a group consisting of almost 40 per cent of the labor force is indispensible to the functioning of thenation." Additionally, as of 1967, fully one-tenth of all family heads were women. According to the 19th Conference on Labor at New York University, "most women are no longer in the labor market to supplement their husbands' incomes, but primarily in order to provide the necessities of life for their families." Further, in 1969 a study was completed which showed that only 6.1% of all families headed by men were below the poverty line contrasted with 28.9% of all families headed by women. And, of the five million (5,000,000) families headed by women, 57.9% of those headed by non-white women lived in poverty. If nothing else, these statistics certainly speak to the need for women lo work. On the charge that women don't work on a regular basis throughout their lives, very little solid information is available. Studies do show, however, that the differences between women's and men's absences from work are minimal. The Bureau of Labor itself has examined the point and found, in an average year, that women lost 5.6 days contrasted with the 5.3 days lost by men for reasons other than vacation. Despite the fact that women have lower ranked and lower paid positions than most men, women alsoremain longer with their jobs than men do. A Civil Service Commission study has showed that 33% of men versus only 25% of women workers have changed jobs since 1965. . SBA Pledges "Good Faith Efforts" Routine Appointments Committee recommendations sparked a flurry of "affirmative action" resolutions at last week's Student Bar Association meeting, when the SBA Board of Delegates unanimously adopted procedures calling for a "conscious good faith effort" to include "third world and women students" in future committee appointments. Immediately following SBA President Marty Miller's presentation of the selections for various committee vacancies, Treasurer Hugh Scott broached the need for the Appointments Committee to henceforth adhere to a "conscious good faith effort" to include minority students in its selections. To this resolution, SBA Director Laura Zeisel moved an amendment changing the focus from "minority students" to "third world and women students," an amendment readilyacceptable to the framers. The resolution came under critical questioning from several Directors, some of whom expressed fears that such a resolution implied a quota system for the selection of committee representatives. To assuage such fears, the Directors amended the resolution further, so that the requirement would be that the two classes of students be "included in the committee's process of selection" rather than in its "selections" themselves. The resolution was the first vote in which the newly-electe;d|" First-Year Directors participated, and those present indicated support of the motion. With its amendments, the resolution passed the body unanimously. Further discussion of the Appointments Committee, which is regarded as perhaps SBA's most powerful in that it selects students as representatives to the faculty committees that run the school, resulted in several Directors voicing disappointment over the Committee's practice of failing to post its selections in advance of the SBA meetings or to publicize its selection criteria. Two additional resolutions, one obliging the Appointments Committee to post the names of selections one week prior to SBA consideration and the other requiring the publication of selection criteria, passed the body with unanimous support. Yet another resolution pertaining to the Appointments Committee, this one seeking "good faith efforts" to include joint-degree students on committees, was tabled due to lack of time until the next SBA meeting. by the As recommended Appointments Committee and accepted by the Directors, the following were approved as student representatives: Kao Pin Lew Minority Students Debbie Schwartz Appointments Long Range Terry Di Fillipa Planning Long Range Debbie Brodnick — Planning — -- International Legal Vickie Hess Studies International Legal Hugh Manke Studies Sally Fox Placement — 3. WOMEN TODAY GET INTO SCHOOLS AND/OR JOBS EASIER THAN MEN DO AND THEREBY TAKE PLACES WHICH MEN WOULD HAVE HAD. Although it is impossible to ascertain exactly how employers choose their workers or how schools choose their students, some facts do surface which seriously threaten the validity of such a statement. For example, U.B. Law School two years ago rejected a procedure whichwould have given preferential treatment to women applicants. The rise in women law students, in this school at least, is therefore not due to any formal or informal edge given them by either theadmissions committee or the Office of the Provost. According to Dr. Girth, one of the only two women employed as instructors by the law school, the admissions committee accepts 75-80% of its students solely on the basis of their GPA-LSAT data, without regard to sex or race. In the remaining discretionary category, other qualifications are examined, but sex is not one of them. In employment, using law as an example, the facts do not sustain the belief that women are more easily hired. In 1970, a survey, published in the Harvard Law Bulletin called Women in Law, of male and female graduates of the Harvard Law School indicates the opposite. The study showed that women received more interviews, but fewer jobs, and women received fewer offers from large corporate law firms as well. Additionally, when women lawyers did receive work, they earned less than theirmale counterparts throughout their careers and the differences grew with each added year of employment. Finally, to the charge that woment,when they are hired take the places that men would have had, all one can do is agree. But given the fact that women generally are hired in lower paying positions than men, given the fact that women are hired less often proportionally than men, given the fact thai employers have a natural bias against women in the work force, men can hardly complain. Women, if they are hired, can be sure that they were far superior lo other applicants forall of theabove reasons. Additionally, neither social nor legal sanctions arc applied lo employers who do not hire women unless they are eminently qualified for the open positions. Law Deans Favored Impeachment by Gary Muldoon stated that Nixon's refusal to Law school deans across the country on October 23 joined in the protest over President Nixon's dismissal of Special Prosecutor Archibald Cox. The deans signed a petition which urges that "Congress act immediately to establish a with court rulings "raises a serious question as to whether he will cooperate fully with a Congressionatly established prosecutor." To protect against this contingency, the law deans urged the creation of a House committee to consider the necessity of of the executive branch. noted petition The substantial evidence of the that Nixon has possibility engaged in "a deliberate effort to obstruct justice," and that ''public trust in the administration of justice requires that the evidence of such misconduct be investigated" by public prosecutors. The petition Deans from the following law schools have signed the petition: American, Buffalo, Case-Western Reserve, Catholic, Chicago, Columbia, Georgetown, Harvard, Hofstra, Howard, Michigan, N.Y.U., Pennsylvania, Stanford, Texas Southern, Tennessee, West Virginia, and Yale. The petition will be sent to Congress after more deans have been reached. special Watergate prosecutor's office," completely independent comply impeachment. Right On Writes Back To the Editors: So Bortcha's complaining, huh? Wow, you kids sure have it tough. His gripes reminded me of how rough it used to be to go to law school in the old days (1970-73). It is obvious from Bortcha's grousy article that the present denizens of the Big O are being culturally deprived. They have no opportunity, as did their illustrious forbearers, to park their Detroit contraptions in the mud flats or among the sand dunes of No MansLand (PeoplesLot) or to walk the Mile from there to the law school in the teeth of a bracing Lake Erie breeze, fighting off the winos of Terrace House and falling into potholes. They can't even go down into a spacious coral and aqua lounge and luxuriate among the vending machines free from the scrutinizing eyes of the ever-present ever-smiling faculty members. They probably don't even have garbage trucks in the alley to drown out droning professors. They probably don't even have an alley. Or cockroaches.Or bats. And so, Bortcha, while you're there in your private study carrel adjusting the polarized porthole, don't complain too bitterly or some alumnae may just arrange to have dußois take over the food concession. Otto Matsch up �October 30, 1973 OPINION 4 Faculty Meeting Notes enthusiastic. W. Haywood Burns, Director of the National Conference of Black Lawyers, will be recommended to the President for appointment. He is presently politically active as Adjunct Professor of Law at New York University. He has an interest in Civil Rights and correction reform which he hopes to maintain and develop while he is in Buffalo. Both his bibliography and his educational background are very impressive. His B.A. is from Yale. Among his numerous publications are The Voices of Negro Protest in America and "Federal Government and Civil Rights" in Southern justice. His nomination was strongly recommended by the Law School's Black American Law Student Association as well as by the Faculty Committee on The last It was the report from the Appointments Committee which dominated the October 10 Faculty meeting held in the Faculty lounge from 3:30 to 6:00 p.m. Professor Herman Schwartz, on behalf of this Committee, offered three names to the faculty for its consideration and approval. The nomination of Aleta Wallsch, a feminist and Marxist with strong references and long bibliography of publications, was rejected by the faculty by a vote of fourteen no, five yes. Six faculty members abstained from voting. If the offer had been made, and Ms. Wallsch had accepted, she would have taught Family Law, Property, and Law and Literature. Two men were also nominated by the A ppo in tments Committee. Both of these nominations were approved by a unanimous vote. The faculty will recommend that President Ketter appoint Andrew Spanogle, a specialist in Commercial Law with a pro-consumer bias. His recommendations indicate a reputation for good teaching and a desire to do empirical research on commercial law and economics. nomination was the most appointments. At the next Faculty meeting, a potential change in the grading system will head the agenda. Students interested in having input into any future grading system, please contact Peggy Rabkin, Eileen Greenbaum or Regina Felton, the student representatives whoattend the meetings. MoDtcha o 'Bout Nothing Ho hum. You would think the sixth floor of the only operating academic building on the new North campus would be a haven of solitude and ratiocinative silence. But take the other Friday. Here we were, putting together this article, thinking hard on constructive criticisms to make the law school safe for students. First, our illustrious editor meditated for an hour, to blot out the sounds of construction crews and the interminable bleep bleep of titanic machines backing around the building (it seems they never go forward perhaps the bleeping bleeping is simply the mating cry of the male earth that — mover). So we sit plan down and begin to ways to improve communications among students, faculty, and others. Suddenly, an inhuman cry filled the air, wailing and wailing in implacable hatred. Rushing out, our editor, who enjoys rushing about, discovered yet another carpenter nonchalantly leaving the library on some mysterious mission. A call to the library staff elicited understandable ire at having to traipse after the thoughtless workers, but an unaccountable refusal to yield the magic key which can silence the cry of the terrible exits (no relation to the egress). Well, thought we, maybe now we can succinctly delineate the pressing issues of the day. But no, still another jungle noise intruded; this time, it was the insistent trumpeting of the fire alarms, punctuated by the crunch of slamming doors. Our editor was transported back to days as a hall monitor, and proceeded to push all of us down the stairs. So much for a meaningful article this issue. Perhaps we'll cogitate when winter comes and the workmen are subdued, but they'll probably begin to cover the handprints on our white walls then. Ecch. * * * We would like to thank Mr. Ohho Matsch for his kind remarks on our last column. While his broken-lot running is famed throughout downtown Buffalo, we must note that there is little resemblance to our current plight in the perils of the Old School. Students who formerly parked in Joe's Lot or with the incomparable Mr. Trippe assumed the risk of potholes or being run down by deranged sheriff's deputies. And those of us who felt the bitter North wind could always stop in the County jail for a cup of hot lava and a nasty look. Tears come to our eyes when we think of the mellow punctuation the garbage trucks provided our mentors. by Peggy Rabkin - But here in Elysium similar challenges are unaccountably distressing. Imagine, Mr. Matsch, that you died and went to Conservative Heaven, with Saint Barry at the Gate and everyone playing accordions a la Welk! How much chagrin would you feel if you went to hear the matchless Mr. Buckley in those heavenly halls, and his mike didn't work? This is the deep hurl all of us wand'ring Jehovah's Witnesses feel al arriving at the Promised Land, and finding the basement flooded with milk,and honey all over our chairs. We imagine the Silent Majority must feel the same way after beating the pants off those hippies and permissive cumminists, only to find their pockets picked, their larders stripped, and the Reds brazenly stealing their oil, soy and wheat under the watchful eye of the epitome of lawnorder. * * * But perhaps we are being too harsh on our new environment. After all, many of the shortcomings confronting us are relatively corrigible. For instance, if those holdout profs who still insist that oral assignments, notes on the bulletin boards, and xeroxes in the library are a worthy substitute for handouts in class, would only see the light, there wouldn't be as much chaos as crowds many a classroom. And if those students who grab one of everything off the xerox piles wouldconsider that thosepapers are for someone else, only the occasional lazy bum would enter class ill prepared. And what of the recalcitrance of theadministration, which still seems to insist that the bulletin boards are an efficient method of disseminating information?? The chore of checking each board daily has worn out our best shoes and wearied our tired Environmental Notes by Gerry Schultz Lately we have been hearing and reading a lot about the energy crisis. Even the businessman's favorite tool, Richard Nixon, has haltingly murmured that we should maybe not use quite so much energy. But the crisis exists only because we have been brainwashed into thinking that we need buy a staggering array of consumer products which are at best frivolous. At worst, their profitable existence shows that we have become a nation addicted to consumption. As 6% of the world'spopulation, we use 33-40% of the world's energy and General Electric tells us that in ten years we will be using twice as much energy as we do now. This is, of course, fine for GE since it will keep them in the forefront of the fight for higher profits. The energy crisis is a fraud because it could be eliminated through mass action. There is no law saying we have to buy all of these things there is only massive advertising that stimulates an entire society, saying Buy! If enough people say "stop buying this unnecessary merchandise", more people would realize that a choice actually exists. If the point were brought home to enough people that a main reason the energy crisis exists is that people drive Cadillacs and buy electric can openers, they would have a second strong reason to stop wasting their money (that is, besides the fact that it is a waste of money). It is a waste of resources and energy. - - What We Can Do by Bortcha Motcha feet;and then you find out that that important assignment was hidden behing a Breitel poster which was covered with a Fuchsberg poster which was Iittered with books for sale notices and take ones for LIFE and other new magazines. OPINION wishes to inform the student body that student mail which comes our way will be tacked up at the far left of the first floor lounge. However, we exhort all students to pressure the SBA to devise better means for handling the dissemination of information to students, if it can get a quorum. * * * Fin ally, we wish to congratulate those members of the class of '73 whohave gotten jobs, recognize a few outstanding alumni, and wish the rest of you bilbos a happy Halloween. First on .our list is Cornea Bloomingame, '73, who passed the California bar on her first try. After six months of job hunting, she has finally landed a bit part in the new tv series "Mission Illegible." She will portray a wacky secretary with good legs. Right on. Then there is Michael Interminable, who was appointed to Archy Cox's staff of investigators. Hope you find another job soon. Older alumni are also in the news. T. Regulation, '54, has been named to the Gordon Liddy Chair of Criminal Law at Blacklener Law School in Brooklyn, N.Y. And we are pleased to announee the publication of a new textbook by Professor Robert Bullitt. Entitled Selective Service Law: GoldMine of the Seventies, it is published by Little, Cruddy, & Co., and at $23.50 it's a steal. 125 pp. Of Halloween we think mention should be made, if only to remind all denizens of these concrete halls that there is a party scheduled tomorrow, - 1. 2. 3. 4. 5. 6. Some things you can do to save energy don't buy any Stop using unnecessary electric appliances for gifts. Encourage your friends to stop using them: Warming trays Can openers EggCooker/poachers Knives Motorized bar-b-q's Shoe shiners Blankets Toothbrushes Combs/stylers Hot Dog cookers Sun warmers Razors HotLather Dispensers Steam wrinkle removers Ice Crushers Fondue sets Steak broilers Facial saunas — — Don't buy big cars they are a waste of resources, money and energy. The energy it takes to build and ship them and the energy it takes to run them. Encourage your friends and relatives to buy small cars. Don't buy cars with air conditioning -it is not only a substantial added cost, but also causes the car to use a lot more gas. Use hand lawn mowers instead of power mowers Buy beverages in returnable containers Recycle glass, metal and paper you use, as much as possible. There are recycling centers in Buffalo at Central Park Plaza, Main and Delavan, Park Edge (McKinley), and the Main Street Campus. In Amherst, at Sheridan near Bailey, and in Hamburg's Old Fire Hall, South Buffalo Street (downtown) there are metal centers also. For cans, you can go to Bethlehem or Republic.Steel. For paper only, receptacles are here in the law school building. Keep this in mind: If we all used substantially less energy and acted to conserve resources, therewould be no dependence on Mtdeastoil, no need for an Alaskan pipeline, and no tack or strip mining in large portions ofthe Western States. featuring apple bobbing, fancy costumes, and gala cavorting. As the Internal Revenue Service is recruiting that day, it isrumored that several third year students are coming dressed as Lou Del Cotto and Ken Joyce. We will be there, camera in hand, to capture all you with lampshades on heads and in other positions of lawyerlike repose, so easy on the nectar. CORRECTIONS OPINION regrets that we left Professor In issue No. 2, we omitted the student members of the Larry Wenger out o£^ Academic Policy and Programs the list of faculty offices in issue Committee (APPC). They are: No. 1. He can be found in room Ronnie Edelman, Alan Ahart, 205, phone x2043. and MarkFinkelstein. �October 30, 1973 OPINION 5 McCarty Discusses Law & Technology Note: The following is a slightly edited version of an address given by L. ThorneMcCarty to a Conference on Computers, Society andLaw: The Role in Legal Education on June 26, 1973 at Introductory Stanford Law School. It describes a course he taught at Stanford and hopes to teach here. The course stresses quantitative methodology and policy formation. McCarty stresses that there is no separate field on computers and law, no more than there is a field of law and typewriters. Instead, he contends that technology and scientific methodology have affected every area of study, and its use in and impact on law should be understood. He breaks the field of law and technology down into three areas the quantitative methodology the course described below studies, computer application to legal analysis, and legal control of computer technology (such as data banks and the right to privacy). Following the course description is an extract of the syllabus which the student may find helpful. Kay Wigtil — to an end. We have it from a computer, which has examined or processed or done whatever computers do to, or with, or at, a mathematical model of the world. (How typical, how depressing that most of us, dependent upon a computer and a math ematical model for news of doomsday's imminence, don't even know what a mathematical model is, or what a computer does with it, or to it, or at it.)" Now what does this have to do with law? Or indeed with Computers, Society and Law 7. It seems that law schools have traditionally reacted to quantitative methods in much the same way that Russell Baker does: the typical law-school graduate has a vague awareness that such things exist, but a lack of self-confidence in utilizing, criticizing or evaluating them. And in this sense law schools are an anomaly among academic institutions by L. Thorne McCarty My subject is not computers, per se, but rather a set of methodologies which are heavily dependent on the computer, which indeed owe much of their current prominence in society to the spectacular developments in computer technology in the past two decades. In the title I refer to "quantitative methods," a term which is intentionally imprecise and possibly misleading as well. I include here a melange of techniques: such things as statistical inference, mathematical modeling, mathematical optimization, computer simulation, decision analysis, and so on. There is no agreement on a term for these methodologies taken as a whole; nor is there any agreement on what the subfields are, or what they should be called, or how they should relate to one another. Sometimes the area is referred to as the "decision sciences," apparently to emphasize its function as an aid to decision-making, but this terminology is not universally accepted. So I make no attempt here to delimit the field further or to stipulate a more precise definition: instead I rely on some of the examples later in the talk to flesh out the concept more fully. It is often just these quantitative methods more than the physical which the computing machine itself generally educated public has in mind when it speaks of today's"computerized" society. The educated public is aware, I think, that many of our most heated public debates revolve around highly technical, highly "computerized" analyses: that the debates over equal educational opportunity, for example, involve the application of basic statistical concepts to large collections of quantitative data; that the debates over economic policy are guided by large-scale computer-simulated econometric models; that the debates over the ABM are couched in terms of the probabilistic models and mathematical optimization techniques of the operations research profession. And if there was ever any doubt about the impact a computer simulation study might have in a controversial public policy dispute, that doubt has surely been dispelled by the publication of The Limits to Growth, the Forrester-Meadows analysis of the consequences of unlimited economic development; this particular simulation model was front-page news when it was announced, and a subject for editorial writers for two or three months thereafter. The public reaction has been captured very well, I think, by Russell Baker in a column for the New York Times: "Now it appears that it wasn't a joke after all. The world really is coming - — -Beling L. ThorneMcCarty concerned with public policy analysis. Graduate students in the social sciences routinely study statistics, and in some cases (economics is the obvious example) rather sophisticated mathematics. Engineering departments are currently adapting their tools of optimization and modeling to policy issues, often in a distinctly proselytizing manner. Business schools typically require their students to study a year of Decision Science, and increasingly emphasize the application of these managerial techniques to the public as well as the private sector. Finally, as if this were not enough, a number of universities are now establishing separate schools of Public Policy Science, training both administrators and future researchers, and usually with a decidedly quantitative bent. Of course, a possible response here is to say: well, if the law school is in fact an anomaly among these highly technical approaches to policy analysis, then by all means let us strive to preserve that one remaining anomaly. By this view, the intrusion of quantitative methods and mathematical models into the social sciences in recent years has led only to an impoverishment ofsocial thought, and the proliferation of technical solutions to political problems has led to an even greater impoverishmentof public political debate. And there is obviously some truth most persuasively so to this position when it can be developed further into an informed critique of a particular misguided technical analysis. However, rather than attempting a resolution of this dispute, let me merely reformulate it as a series of questions which seem relevant to legal education. A first set of questions is concerned with the policy sciences themselves: To what extent are the new quantitative aids to decision-making in fact applicable to public policy analysis? If they are applicable in certain areas, how much does the policy-maker need to know in order to effectively utilize them? If they are not applicable in certain areas, how much does the policy-maker need to know in order to effectively resist them? A second set of questions has to do - with the lawyer's role as policy-maker: To what extent will the lawyer encounter these heavily quantitative analyses in his tradition role as practicing attorney? in his increasingly important role within government agencies? in his role as a member of the interdisciplinary research teams that are now so prominent in the academic community? A final set of questions is concerned with the law school's response to these developments: Should the law student be given a formal acquaintance with quantitative methods in law-related problem areas? Or should he merely be encouraged to cross-register into other departments? Or told that he can always "pick up" the technical material later if it becomes necessary? My own attempt to answer some of these questions has taken the form of an experimental seminar which I taught at Stanford Law School this past semester. I have thus addressed the last set of questions first: how well docs a course in Decision Technology and Law, as I called it, fit into the typical law school curriculum? But the other questions were considered also: indeed, a central purpose of the course was to assess generally the applications and limitations of quantitative methods in public policy analysis, and to speculate on therelevance of thismaterial for law graduates. I would like lo describe the course in greater detail, and indicate some of the tentative conclusions which emerged from it. First of all, the seminar I developed in Decision Technology and Law did not attempt to survey in one semester the entire range of techniques which I have so far loosely characterized as "quantitative methods": it focused somewhat more precisely on the concepts of modeling and optimization, with the emphasis being placed on computer simulation models and on optimal decision-making under uncertainty. That is still a vast territory, of course, but it specifically excludes methodology had arisen, so a thirdsection of the course attempted to focus on these "Issues and Problems": the limitations of the decision science techniques in realistic problem areas, and the need for a proper balance between formal and informal analysis. Finally, three class sessions were devoted to presentations of student papers. The important point to emerge from the first case study was the importance of interdisciplinary collaboration. If the systems engineer intends to address public policy questions, then he will necessarily be working with laws and lawmakers and lawyers; conversely, if the lawyer intends to address a complex systems problem like pollution control, he will be well-advised to make use of all the technical methodologies that are presently available. Furthermore, on a more intellectual plane, a mix of diverse disciplinaryapproaches to a problem is itself a healthy thing. I have emphasized so far the contributions that quantitative methods could make to the work of lawyers. I should also emphasize the contributions that a lawyer's peculiar skills could offer to the work of the systems engineer, particularly in the essential process of criticizing and continually modifying a proposed formal model. The remaining topics indicate the diversity of the problems that can arise. The final three case studies-were intended to provide a more detailed understanding of the various types of formal models that might be utilized in different applications areas, and to raise the same questions about the legal relevance of this work that first came up in connection with the first * case study. The sessions on "Issuesand Problems" which followed were intended to address explicitly the methodological criticisms which had appeared already in the more expository case studies. My own opinions about quantitative methods in legal problem areas have probably become apparent. I think the -Beling Quantitative Methodological Optimization Reduction traditional statistical methodology material is important, and will become increasingly so in the years to come. I partially because a course in social science research techniques (data analysis, have reservations about certain elc.) taught applications, obviously, but I think these had been inference, statistical the previous year at Stanford by Davis reservations themselves provide reason Rosenhan, Professor of Law and enough for a law student to study the decision science approaches in greater Psychology here. I envision as a further detail, always with a critical eye. development a full-year law school course which combines both: statistical inference and empirical research techniques in the first semester; modeling and optimization techniques in the second semester. In this sense, my seminar this year was a test of Quantitative Methods, Part Two. The general organization of the course was as follows: First, a quick "Technical Overview," very superficial, intended only to introduce some of the principal concepts and provide a foundation for the more detailed discussions that would follow. The second main section of the course then developed further in four "Case Studies," each one an application of optimization or modeling ideas in an area of potential legal interest. By this point, as anticipated, several criticisms of the Suggested Bibliography: Richard A. Cellarius and John Platt, "Councils of Urgent Studies," 177 Science 670-76 {August 25,1972). Ida R. Hoos, "Systems Experts: Foxes in the Henhouse," in A.F. Westin, cd., Technology in a Information Democracy {Harvard Univ. Press, 1971) pp. 444-450. Herbert A. Simon, "Understanding the Natural and the Artificial Worlds," chapter 1 of The Sciences of the Artificial (MIT Press, 1969). �October 30.1973 OPINION 6 Turn ofthe Screw An opportunity may exist for the establishment of a contingent loan repayment plan which wouldalleviate the financialproblems now existing for many law students. A similar plan in operation at Yale University provides loans to participants which are then paid back for a set maximum number of years at a percentage of income on an income tax type scale. Opportunities exist for repayment to be completed before the set maximum number of years has passed. There is one problem with instituting such a plan here. People are needed to help draft the final proposal and present it to a local area bank for endorsement. A request for volunteers for this project has been displayed withoutresponse for over a week now on various bulletin boards throughout the school. If you are interested in this effort, please contact Marty Miller in the Student Bar Association office as soon as possible. Immediate action is needed if this plan is to be operational for next September. ** * to class assignments General information relating (2nd floor), altered meeting times (3rd floor), room changes (3rd floor), financial aid information (3rd floor), placement (3rd floor), requests for students to see people in various offices for the completion of forms (3rd floor), by lan DeWaal and student notices (Ist floor) are all found on these boards. Students are held responsible for being knowledgeable of all information posted on these boards since they are the only viable method of communication that now exists. * ** Every year a number of individuals fail to pick up either their original class cards or change of course cards and every year someone who is not registered in a course attempts to take the final exam. This problem would be easily corrected if everyone made sure to pick up their class card at the Registrar's office. Also, a number of students, especially freshmen, have not yet turned in materialnecessary to complete their registration. Please check the list on the third floorround red bulletin board. Lawrence M. Friedman of Stanford Law School was hosted last week by the Faculty ofLaw and ) urisprudence when the reknowned legal historian appeared to deliver the annual James McCormack Mitchell Lecture, this year entitled "Notes Toward a History of lustice." In his ."Notes Toward a History of Justice," Friedman presented a tripartite division of American legal history, with the distinguishing characteristics of each era determined by the particular social demands made upon the law, and each era differing from the others in terms of both the criminal justice system and the accessibility of legal remedies. Identifying the three eras as the colonial, Victorian, and modern, Friedman's lecture consisted of comparing them, according to the two criteria of the criminal syste m and accessibility, and then reconstructing the contemporary social pressures which determined each era's characteristics. The Colonial Era The colonial era, a time in which the religious influence in politics was presumably strong, construed every crime as a sin against the moral order of nature but believed nonetheless that offenders could berehabilitated by public shame and proper instruction. Even though this often meant that the upperclass would impose its "natural" moral regime on recalcitrant lower classes of society, Friedman noted that "colonial justice was open and cheap, justices were well-known, and litigation was accessible to all and swift." The VictorianEra By the 19th century, the beginning of the Victorian era, the same moralistic laws remained on the books, but social attention focused more on crimes against property than crimes against morality, a shift reflecting "the desire to make at Law School by Gary Muldoon Jacob D. Democratic candidate for Chief Judge of theNew York Court of Appeals, spoke at the law school on October 15. Addressing an audience of about 75 persons in the Moot Court Room, Fuchsberg criticized the present system of the administration of law in the state and presented himself as one who is capable of extracting the law out of its current malaise. Fuchsberg, * tuition remission Students who are* *getting for any reason must file scholar incentiveawards in order to receive the waiver. In particular, the following students have not completed all forms necessary for securing a tuitionwaiver: Richard E. Clark, Loren Lobban, Roy Walker, Robert E. Brown, Regina Felton, William Robinson, Cynthia Lowney, Jose Sosa, Ro-Wang Yuen, David Hewitt,and RonaldSherod. Please contact JamesEagtin in 414 O'Brian Hall immediately. Friedman Delivers Mitchell Lecture by Ray Bowie FuchsbeS rg peaks the country safe for industrial growth." As society had become larger and increasingly more mobile, public shame no longer functioned as an adequate criminal sanction, so that "for the first time, imprisonment becomes standard." The penitentiary was invented, and "reformation was attempted by isolation the strictness and severity of prison life were to do the job." In terms of"the accessibility of legal remedy, the Victorian era saw litigation expenses soar beyond the means of most, the overcrowding of the courts with business transactions, and "the law itself become mysterious. with fewer willing to undertake risks in suing." Friedman described the era further as one in which litigation was discouraged in favor of private settlement, thus benefiting special interest groups with private power rather than individual litigants. Toward the turn of the century, Friedman contended, with the cities overpoputated and the frontier vanished, Americans began to experience a diffuse disquiet which manifested itself in xenophobia, racism, political radicalism, and "a mass of new law interest group law." As interest group fought interest group forlaws of economic benefit, the Victorian compromise broke down,and as "deviation came out of the closet, still other interest groups understood in the context of previous eras in the nation's legal history. ... The theme of Friedman's Mitchell Lecture, delivered before a Moot Courtroom audience composed equally of faculty and students, surfaced again when he spoke on the topic "Can Laws Really Change Things?" at the SBA Distinguished Visitors Forum. In law schools, he explained in his informal talk to the largely student audience, "professors and students behave as if minute procedures are very important that it makes no difference to social change whatsoever," and yet there are many instances in which the law adapts to social change. "A problem is posed by the social context, the demand comes from the outside," he argued. "And the demand on the law causes it to take on a new .. .. sought to legislate morality. The Modern Era In his assessment of the modern era, Friedman noted that "we are still paying the price for these nightmares." Repressive legislation spawned during the time of disquiet has been resisted, while the resistance itself engenders reaction. "The current crisis is one in which the demandsof the underprivileged have increased," he continued, "while* the levels of tolerance has generally gone down." The legal history of America, Friedman believes, illustrates how the law reflects the crisis of demands in each era, and how the current crisis can only be . meaning." As opposed to what he felt was the naive notion that judges reach momentous decisions in vacuo, Friedman stated his belief that the character of the judge, the quirks of wording, and even the facts of the particular case were largely irrelevant to the development of law, since "decisions are the result of social pressures on the legal system from outside the system." The act of litigation can help make social movements more visible and raise the consciousness of judges, but, he added, the important factor in legal developments is "the extent to which there is genuine social force pressing against the law." Hence, it often does not matter whether the argument is weak or the attorney poor, for so cial forces are more instrumental than the particular incidentals in determining a decision. "The law is not a conservative set of systematic concepts," Friedman concluded, "it can be used in the interest of social forces." While "no major social change can be accomplished through legal tinkering" and "the status quo may look like a brick wall," yet "some of the bricks are made out of marshmallow, and you can push through." JacobFuchsberg Fuchsberg stated that with the selection of candidates for the chief judgeship that has gone on for the past 57 years, there has resulted no effective and efficient administration of the courts. With a deal between the Republican and Democratic Parties to select the next senior man on the Court of Appeals for the chief judgeship, the system only assures the people that they will get the next oldestand next best tired man. Fuchsberg asserted that this method gives no assurance of a man with "drive, energy, and imagination that is implicit in the title of chief judge." The Democrat stated that he wants to shake up the system, to change unfair dispositions in individual cases, and that he stood for "change, whether somebody likes it or not." Fuchsberg cited examples of what he considered to be injustices and mismanagement of the law. He noted a study by the Economic Development Corporation which revealed that judges in New York sat on the bench for only 3 hours and 20 minutes per day, on theaverage. He noted that because of the backlog of cases, prisoners in the Tombs awaiting trial for 18 months were compelled to plead guilty to get released. He attacked plea bargaining abuses which allowed persona accused and perhaps guilty of serious or violent crimes to get off on dismissal or suspended sentences. Such cases have not been disposed of on theirmerits, he asserted, but because of calendar congestion. He also asserted that legal services are atf■ present not available to persons of moderate means, but that when he was part of theO.E.O., ten millionAmericans were able to get justice in the courts. The fifty million dollars that Governor Rockefeller has proposed to spend for new judgeships and court facilities for implementation of the new drug law is unnecessary, said Fuchsberg; the money could be better spent in other areas of the law, such as for probation officers and Family Court. The present court facilities can handle the drug cases, if there is proper management and effective leadership. Fuchsberg-Breitel Contest Fuchsberg stated that prior to this election, his opponent, Charles Breitel, had not proposed a single suggestion for dealing with the congestion of the courts. Citing his own credentials of 37 years as a trial lawyer, Fuchsberg asserted that the contest is not a matter of legal and intellectual credentials. Republicans on the Court Fuchsberg noted that at the present time there are five Republicans on the seven-judge Court of Appeals. ShouldBreitel be elected chief judge, a vacancy would be created which would allow Rockefeller to appoint another Republican to the court. {Fuchsberg consistently referred to Breitel as his Republican opponent, when in fact Breitel also has the Liberal Party's backing as well.) Fuchsberg was asked whether he, as a negligence lawyer and an outspoken critic of no-fault, would disqualify himself when the question came up before the -Beling Court of Appeals. He replied in the negative. He noted that no more than forty per cent of his case load was personal injury cases, and that philosophically and socially the concept of no-fault was very good, "|f it compensates all people." He said he opposed, however, the system of "pick and choose for the profit and convenience of the insurance companies." He also noted that, in a poll taken two years ago, 97% of New York judges were against no-fault. Another student queried Fuchsberg about his campaign for Chief judge and asked whether it had shown the kind of dignity that is becoming of a chief judge. Fuchsberg strenuously denied the assertion, stating that every piece of campaign literature and advertising by him was intended to state problems and to give his proposed solution to that problem. "The purpose of an election is not to create apathy," he stated. Previously In his speech, Fuchsberg had charged that Breitel's campaign was Composed of sloganeering and personal attacks. The purpose of his own campaign, stated Fuchsberg, was educational. �October 30,1973 OPINION Legal Delivery Conference Held by Ray Bowie The Faculty of Law and Jurisprudence sponsored its first professional conference in its new building two weeks ago, when local faculty and legal scholars from throughout the nation gathered for two days of discussion and debate regarding "The Delivery and Distribution of Legal Services." According to Provost Richard Schwartz, the conference was designed to "develop the scholarly equipment" to support reforms in the delivery of legal services, and the papers presented were selected toward that end. The conference had its genesis in the research of Prof. Philip Lochner, currently in New York on a leave of absence from the Faculty, and it was Lochner who invited to participate in the conference those whose work he had come into contact with in the course of his own research in the area of legal services. After Lochner had issued the invitations and selected the papers, coordination of the conference was delegated to Alan Heibein, a third-year student who had assisted Lochner with earlierresearch. According to Heibein, Lochner's interest in the area of legal services was aroused by the "interesting questions of why private attorneys give no-fee or low-fee counsei to indigent clients, what sort of private attorneys do this and to whom they give their services, and how they contacted such clients." In researching these questions for a forthcoming ■ publication, Lochner contacted legal scholars who were also researching that area, found that some supported his own findings while others contradicted them, and determined that a conference in the area involving those scholars would be productive. The conference was, according to Heibein, "one of the few areas in the interface of the social sciencesand taw where it is possible to hold a conference without having to commission papers due to the heavy amount of research already undergoing in the area." The extent of that research, and its controversially, emerged frequently during the course of the conference. Barbara Curran of the American Bar Foundation stated suspicion her that -Belling Conference on Delivery of Legal Services middle-income people were presently the group most bereft of accessible legal services and revealed that the ABF is conducting a study of that very problem, a study which was subsequently attacked by Yale Prof. Quinton Johnstone as "market research analysis" of the middle-class for benefit of the legal profession. In his own paper, Johnstone observed that one deleterious side effect of legal aid programs was the promotion of unnecessary legal services, thereby harming the interests of those who need necessary services. Controversy also surrounded the hypothesis argued by Harry Traffic Control on the North Campus The North Campus roadway systems, still only partially open, will within future months.and years become the key to a traffic master plan serving SUNY, the Audubon Community, and much of the Town of Amherst, according to John Randall, Architectural Associate with the University Facilities Planning office. New Entrances Within the next one to three months, much of the access and egress inconvenience will be remedied, he reported, when the yet incompleteAugspurger Road is current opened through to Millersport, thereby permitting left-hand turns in the area both entering and leaving campus. Another inconvenience, the trafficbottleneck at the intersection of Maple and Sweet Home, wilt be eliminated, it is hoped by winter, when the opening of the Flint entrance will permit the rerouting of Sweet Home along the North Campus Boulevard from Rensch Road to Flint. At that time, Sweet Home Road wilf be closed off between the Rensch entrance and Maple Road, and traffic lights will be installed both at the Rensch and Flint entrances to facilitate the flow of traffic through the campus. With the opening of both the Augspurger and Flint entrances, the campus roadway system will be prepared to handle two major interchanges in the future, with traffic flowing onto campus off Millersport and off the proposed Lockport Expressway, Which will be constructed just west of the campus. Traffic Signals that the installation of traffic Mr. Randall lights at the Flint and Rensch entrances i^already.behind years, and hence neither SUNY nor the Townof Amherst wishes to commit $30,000 to install a light on a section of Millersport that will eventually be torn up. He suggested that Amherst police may direct traffic at the Augspurger entrance should traffic warrant it, and that UB officials meet with,Amherst representatives monthly to review the North Campus situation. r>,.M , Millersport Highway; Despite plans eventuaNy to reroute Millersport around the campus, Randall reported that the state of Transportation is committing "substandard work" funds to widen the highway as a temporary measure to handle the expected increase in student and construction traffic in coming years. The funds were set aside by DOT for interim construction, and while the roadwork is acknowledged as "substandard" in quality, it is expected to last at least ten years, or longenough for thererouting of Millersport. Many of the roads planned for the campus' "Southeast Quadrant," the area south of Lake LaSajle and east of O'Brian Hall, are still sketched onlyas dotted lines, for construction in that area has been slowed by the need first to coordinate federal, state, town, and SUNY planning in the area. Department -Bufomante the "central spine road" running up the center of the developments. Another consideration in the routing of campus roads is the Erie and Niagara Counties Regional Planning Board, an agency responsible for "total regional planning" and the approval of federal funds for highway construction. As the ÜB-Audubon network includes federal funding, the routing of the remaining campus roads must be coordinated with priorities chosen by the Regional Planning Board. political St v mpf, science professor at New Mexico, to the effect that, while the OEO legal aid programs did not meet their ambitious goals of social change through legal services, the programs have had the unforeseen effect of encouraging the study of poverty law in law schools. Each paper delivered was critiqued by a panel of faculty and guests, an arrangement which Heibein said was complicated by the installation of seats in the lecture halls through that week. "There was no way to plan rooms," he said. "A small room wasn't conducive to panel discussion, yet no larger room was available." Observers at the conference sessions also reported that panel participants, especially faculty, would often arrive late for the discussions and sometimes simply failed to appear, resulting in disruption of the schedule. With regard to attendance at the sessions, Mr. Heibein asserted that "there was fairly good attendance by students," but faculty participants were criticizing overheard their colleagues' lack of interest in the conference. by Ray Bowie Still a thirdconsideration is the alignment of NFTA's rapid transit system, designed eventually to connect the campus with downtown Buffalo. According to Randall, it now appears that the NFTA will come along Millersport, travel directly through the middle of the campus and then up to Audubon, making UB "truly an urban campus." The alignment of the NFTA system through the campus wiil, moreover, make possible the development of "Parcel B," a 20-acre site next to Lake LaSalle, on which the University wishes to construct a "commercial-hoirtingdevelopment" of its own. Parcel B, it is hoped, might include 20 to 40 stores integrated with family housing open to married students, faculty, and even some members of the community who desire to live in a campus environment. Shuttle Buses Within the campus itself, the University intends to use Putnam Way, which will form an inner loop around the academic buildings, as a limited-access roadway for the operation of a shuttle bus run and service vehicles. Altogether, there are several shuttle bus systems planned, perhaps with one run going up to the Ellicott complex, another to the Governors' Halls, and a third to the campus' administration-services area. Randall mentioned, as an additional possibility this winter, the inauguration of jitney service between O'Brian Hall and the Governors' Halls, once the present walkway is paved and lighted from the Physics building. The service is expected to make the Law building accessible to dormitoryresidents in the winter months. Parking and Street Lights Parking facilities, Randall admitted, will fall below lots and along campus roads, Randall felt that such lighting was indeed a high priority, but that complications involvingthe State University Construction Fund and numerous subcontractors had caused the delay. Lighting will be installed, he promised, within several weeks. Traffic control devices, Randall concluded, will be Installed along the internal campus roads sometime next fall, when the additional traffic of the Etlicott complex and the Education-Philosophy building justifies their installation. , 7 �CLIENT COUNSELING RACE OPENS The ABA/ LSD has announced dates and other pertinent information regarding the 1974 Client Counseling Competition. The competition is a legal teaching technique designed to sharpen counseling skills in the same that Moot Court sharpens appellate argument skills. This year the subject of the competition will be Wills and Family Property, Students will be presented with scanty data before the competition. The actual competition will consist of an hour with the first forty-five minutes devoted to an interview with the client, during which the competing students will be expected to elicit the rest of the relevant information, propose a solution or outline what further research would be necessary, Then the students can use the last quarter of the hour way to confer October 30,1973 OPINION 8 between themselves verbally prepare a post-interview memorandum. and This memorandum can be used to explain to the judgeswhy the students handled the interview as they did. SUNY/B, as an ABA/LSD member school, is eligible to send a team to compete. There is a $25.00 entrance fee per school, and entries must be received by November 19. Individual students, as well as student bar associations, are invited to enter; however, the entrance fee and traveling costs must be borne by the entering team. And in order for a school to enter, its dean must approve and a faculty member must serve as an advisor. Requests for further information can be addressed to Marianne K. O'Brian, Assistant Director, LSD, 1155 East 60th, Chicago, IL 60637. Aslast year's entrants from SUNY/B, Chris Greene and Neal Dobshinsky, will testify, the competition represents a good opportunity to practice the skills required of a good lawyer: the experience is educational, and cashawards are given to regional and national winners. Interested students should contact Greene, the SBA's LSD representative, or should write ABA/LSD directly. In addition, urge interested students to the Student Bar Association at its Friday meeting, and request that funds be allocated to offset the application and other costs of the competition. The competing team will represent this student body; so it should be underwritten by Student fees, and all students should investigate this opportunity to practice the skills they will soon we approach preach. Bulletin Board National Lawyers Guild will meet Wednesday, October 31, 7:30 in Norton Hall. * * * Moot Court Competition Scheduleis as follows: Practice Round: Monday Nov. 19 & Tuesday Nov. 20 at 7:30 p.m. -10:00 p.m. Regular Rounds: November 27 and 28 (Tuesday and Wednesday) at 7:30 -10:00 p.m. Consolation Rounds: Thursday Nov. 29 at 7:30-10:00 p.m. Semi-final Rounds: Friday Nov. 30 at 7:30 9:00 p.m. Finals: Saturday December Ist in the Moot Court Room at 2:00 ■ 4:00 p.m. - SPORTS There will be an All Hallow's Eve party on October 31, location to be determined. Sponsored by SBA, paid for by Student Fees, and performed for the benefit ofall. With special guest stars. * change * * of the headings on There has been no the assignment bulletin board from the traditional (here) denotationsof FR (freshman), JR (junior), and SR (senior). There has been an expressed preference for "First-year," "Second-year," and "Third-year" from the students who are being denominated. Is Ben Schwartzwalder Coaching the Shysters? by Skip Hunter M c The Shysters, intramural football'sthird-ranked team, had its customary struggle with the powerful Underdogs for the greater part of their sth meeting oh Thursday, October 4th before submerging to a 21-19 upset defeat before a crowd of 15 at Clark Hall Field No. 2. Our Shysters, 13-7 losers to Les Carnivores in their opener on September 27th, were 7-point favorites against the Underdogs. The rival coaches, Jim August of the Shysters and David Brody of the Underdogs, once were semi-pro teammates on the Brooklyn Cavaliers. The Purple Hounds were as tough an opponent as any team on the Shysters' schedule. In August's two years as head coach, his "young lawyers" held only a 5-4 supremacy over the Underdogs. The Shysters struck for seven big ones in the opening two minutes and might have had another touchdown if not for a good defensive play by cornerback Rich Johnson. On the first play after the Shysters had run back the kickoff to its 26, Bob Doren broke over right tackleand raced 64 yards before he was brought down by Johnson at the Underdog 11. Dorcn broke his finger on this play and had to leave the game; An appreciative audience gave Doren a standing ovation for his outstanding athletic ability. Johnson then deflected QB Brian Miga's third-down pass intended for Harry Hersh in the end zone. Miga then threw a bullet spiral pass to tight end Larry Taylor on the 1. Taylor made the catch on his fingertips and danced into the end zone for a 6-0 Shyster lead. Miga ran the ball in for the extra point. But QB John Little of the Underdogs came right back and brought the Purple Hounds from their 20 to the 47 with the help of eight and 10-yard passes to Les Scott and Hugh Bronstein and then completed a 53-yard TD bomb to Phil Foxworth, the UB 100-yard spring champion. Scott's conversion tied the score at 7-7 at 2:41 into the first period. After the Shysters were unable to capitalize on an interception by safetyman Anthony Bottar, Miga directed a 62-yard, five-play drive to a go-ahead score. Craig Hodge failed to make the conversion. Underdog QB Little was not to be denied. Little completed a 14-yard pass to half-back Wayne Collins in between big ground gains by Scott and Allen the put Washington to Underdogs on the Shysters' nine. Washington carried a pitchout around his right side for a TD behind a block by Bronstein. Little failed to convert, making the score at the half 14-13 in their favor. At 1:01 into the second half, the Shysters' Larry Taylor made an interception at midfield on a pass deflected off of Underdog tight end Eugene Thomas' hands and ran the ball into the end zone for the score. The conversion failed. Again the Shysters held thelead which was to be lost for perpetuity with only :40 left in the game. With seconds remaining, Underdog QB Little found his primary receiver Foxworth open and hit him with a 4.5-yard aerial bomb for the deciding score. Little breezed over the goal line with "little" trouble for the extra point. FINAL THE UNDERDOGS 21, THE SHYSTERS 19. games, other Souchies n I quarterback Manny Rodriguez dropped two bombs behind the Shysters' beleaguered defense to guide the visitors to a 13-6 victory on Thursday, October 11th. Souchies, trying to win its first contest in three games this season, dented the Shysters' end zone in each of the first two periods, on Rodriguez's passes. The lone Shyster score came with 2:10 teft in the game on a 10-yard pass from QB Miga to halfback Brian O'Sullivan. And on October 18th, the Shysters and the Bruins played to a scoreless tie. The Shysters now hold no hopes of IM League Independent title aspirations after salvaging a scoreless tie against the Bruins, thanks to a defense that would not quit, despite the frustrations provided by a barely visible offense. This game only underlines the frustrations the Shysters have experienced since the season opened. No more need be said. Alumni Line by Earl Carre] As we promised you last time out, here is a listing of the officers and directors of the Law Alumni Association for 1973-1974. Hon. M. Dolores Denman, President; Hon. Rudolph U. Johnson, Vice-President; Franklin A. Stachowiak, Treasurer; and RobertSchaus, Secretary. Directors: Grace Marie Ange, Everett M. Barlow, Harold J. Brand, |r., John D. Bridge, Hon. Roger T. Cook. Robert P. Fine, Michael W. Gibson, Alvin M. Glick^Samuel L. Green, Richard F. Griffin, Richard A. Grimm, Jr., James V. Hall, WaldronS. Hayes, jr. William Hepp, Robert E. Lipp, William J. Love, Jr., Richard S. Manz, Joseph M. Ralabate, Hon. William J. Regan. * �# Congratulations to those who passed the March, 1973, Bar Exam and were admitted to practice last month. * ** George A. Cofran, '29, retired senior warrant attorney in BuffaloCity Court, diedOctober 22, 1973. *** Lester S. Miller, '32, Erie County Personnel Commissioner since 1971, Majority Leader of theErie County Legislature or Board of Supervisors from 1960-1971, and a member of the Legislature or Board 1950-1971, died October 10, 1973. Mr. Miller was a past president and formerdirector of the Law Alumni Association. Letter to the Editor To the Editor: I feel oppressed and, surprising to no one as it may be, the future quality of life at this law school is being determined now. The first inhabitants may adjust to the surroundings by their appreciation and acceptance or by appropriate attempts to alter conditions. In either case, the resulting status quo will never be so easily alterable again. With this in mind, and whilestill attempting to adhere to my own long-standing decision that I do not want to run a law school, it would seem appropriate to suggest that the Student Bar Association and assorted other powers that be devote their attentions to the invidious class distinctions that grow subtly more apparent and to the "lawand order" mentality that represents the most noticeableand chief characteristic of life at Lord O'Brian's Hall. In particular the following could be remedied: 1) The present condition of limiting access to and from the library to the second-floordoors, necessitating multiple trips up and down for all of the non-thieves of the community while the thieves cleverly hide all the important scholarly tomes in some yet undiscovered reach of the catacombs or take the library elevator to the first floor. 2) The locking of the Student Conference Rooms (i.e. on the fifth floor of the library) at 4:30 p.m. each day because the day staff of the library are going home. (The importance of this fact remains quite obscure.) 3) The locking of classrooms and seminar rooms between classes so as to prevent (writing on the blackboard by Captain Canada?) their use. My seminar has never met on time because the instructor must always find someone important to come and unlock the door. (Room 503.) 4) The locking of the library and hallway entrances to the fifth floor garden so as to make the only possible access via the faculty lounge though it is the only outdoorspace protected from wind and construction noise and to the best of my knowledge has never been used by anyone other thanmyself. 5) The notice on the door to the faculty lounge that it is to be lockedbecause students can either 1) escape to the library or 2) gain access to the garden. 6) The distinction of having faculty, staff and student lounges plus student, faculty and administrator's gardens-in the firstinstance must be seen as perverse, implyingat best a lack of common interest in communicating as fellow members of a community and more likely, some sense of mutualdisdain. 7) The continuing practice of the placing of a current legal periodicals collection in the "faculty lounge" either because students are 1) not interested, 2) not supposed to be interested in current professional literature or (more likely) 3) because of a conviction by the law and orderists that students steal. 8) The decision to discriminate against first-year students in the process of assigning student lockers on a first come, first served basis. 9) A host of other situations need remedial attention, from advertising of the mail service on the third floor, to free telephone service, to food at any price. Beyond the area of facilities planning, there should be serious questioning of the cell tendency from law review, women's dinner parties, Jewish singles clubs and consciousness-raising groups for the descendents of the Salem witch trials. However, the principal question raised here is not concerned with the process of identification of allies or with specific amenities that are hidden or missing altogether. Instead, it is to suggest that some of the discomfortsamidst the splendor are caused not so much by necessity as by attitude an attitude in which persons within and entering into an elitist system (the law as we know it) create unacceptable distinctions based upon status within their accept and own community. Insensitivity here will follow us through the (wall) streets and prisons ofAmerica. Thomas Schofield - - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e70020c0fa4128c33ef59985e3837ef1.pdf 83d04f5850c65b8e3efbf1b11dc05e6d PDF Text Text OPINION John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 'olume 14, Number 2 Opinion Non-Profit Organization U.S. Postage PAID Buffalo, New York Permit No. 708 State University ofNew York at Buffalo Law School October 9, 1973 Moot Court Starts Desmond Contest so look for them. i certiorari concerning the right of Judge Matthew Jasen of the an individual to establish a church The Moot Court Board is in the New York State Court of Appeals in which narcotic and midst of making preparations for hallucinogenic drugs are used as the annual Charles S. Desmond part of the religious rituals and Moot Court Competition which ceremonies. by Lance Mark the school, ; will be held from November 27 to December 1 this semester. Each year candidates for the Moot Court Board are selected on the basis of their performances in the Desmond Competition. This intramural event is open to all first and second-year law students not presently on the Board. (Consideration is being given for the first time to holding a separate competition for third-year students). The Desmond participants must prepare a brief and present oral arguments in an appellate court room setting. Distinguished members of the local Bar and Bench will judge the competition, including the Hon. Charles S. Desmond, formerChief Judge of the New York Court of Appeals, sitting as the Chief Justicefor the final round. The Moot Court Board will also be sending a three-person team to this year's National Competition which is being hosted by the Yale Law School. The team representing UB Law School will be arguing against eleven other schools in our region which includes New England and upstate New York. Winnersof the regional matches will go on to the finals in New York City where Justice Thurgood Marshall will . Text Prices Soar by Ray Bowie show students the list prices." In comparison with the 1972 The prices of law texts edged average text price of $15.00, the upwards again this fall in the 1973 survey shows only six second consecutive investigations textbooks, as opposed to of text prices conducted by the supplements, being sold forunder Opinion, with the average text $15.00, the remainder ranging costing about $1 more than the from $15.50 to several prices at $22.00. Last year, moreover, the same text had cost in 1972. In February of 1972 when highest priced books were Opinion (Vol. 12, No. 7) Corporations and Gratuitous published its first investigation of Transfers at $19.00 each, whileall book prices, the cost of the others were below $17.00, average text was computed at whereas this year five texts are $15.00, an increase of about $2 priced over the 1972 maximum. above the 1969 average price. As As comparable courses were the increasereported last year was not in some instances offered only two dollars over a three year during the 1972 Opinion survey, period, the $1 increase discovered it is difficult to assess the reason this year indicates an escalation of behind this increase in the the price spiral, such that the maximum text costs but average text is now more likely to bookstore sources indicate that cost between $16.00 and $17.00. there has been a substantial hike First-year students interviewed this year in the prices of new were inclined to blame the editions in the more specialized bookstore or the FSA for the course areas and that thishike has increases, but upperclass people been aggravated by faculty testified that text prices were selecting the most expensive determined by extraneous factors books available in such specialized such as the publishers' need to areas. produce more expensive new "Most text prices have not ideitions to keep pace with gone up for the same edition," changing decisions, the virtual explained Ms. Palesh, "but when monopoly on the law text market it's a new edition, the price held by a relatively few increase is substantially more than publishers, and the particular one dollar." Citing the publishing choice of texts by the faculty. firm of Little, Brown,& Co. as an The O'Brian bookstore, example, she noted that Foote's Family Law had cost $14.00 in operated by the Faculty-Student $15.00 in 1972, and now Association and managedby Mary 1971, while the 4th Lou Palesh, sells texts at the $16.00 this year, Federal publisher's list price, entitling the edition of Bittker's Tax Incomeand Gift costs $4.00 bookstore to a 20% mark-up on than last year's 3rd edition. most. Out of the mark-up, said rpore Ms. Palesh, must come all of the "The new editions," the manager concluded, bookstore bookstore's operating expenses, including the shipment costs "are killing us." Foundation Press, whose 5th involved in obtaining books from the publishers and returning edition of Mdguiie's Evidence cost $13.50 in 1972, will be charging unsold volumes. $19.50 for the new 6th edition Aware that students often $6.00 increase in suspect college bookstores of this year, for a text. The same firm's profiteering, Ms. Palesh stated the same edition of Field & Kaplan's new of list that publishers' catalogs prices were available in the Civil Procedure is list priced at previous whereas the 17.00, bookstore, adding that she $ $15.00. /to page 3) "would be more than happy to editionsold for preside. , The Honorable Matthew Jasen SeniorAssociate Judge New York Court ofAppeals was the first speaker in this series, In conjunction with this on October 5. After an competition, the Moot Court introduction by ProvostSchwartz, Board will conduct a Moot Court Judge Jasen spoke on oral Seminar, which will consist of a appellate advocacy before a group group of sessions to acquaint ofinterested first and second year students with the-fundamentalsof legal research and brief writing, and how to present oral arguments. Notices for these sessions will be posted throughout The problem will be ready for distribution on October 11 in the Moot Court Room, along with some introductory materials on ithe art of appellate advocacy to aid participants in preparing for the competition. This year's members of the Moot Court Board are: Lance Mark, Chairperson; Timothy Toohey, Vice-Chairperson; Joseph Burden, James DeVoy, Michael Dunlavey, Benjamin Idziak,Peter students. Jasen, Cyrus Kloner, Kay Latona, This year's problem will John Mendenhall, Martin Miller, involve an appeal to the United Thomas Mullaney, ThomasQuinn, States Supreme Court by writ of I and Gary Schmitt. SBA/FSRB Elections Set Student Bar Association elections will be held on Monday •and Tuesday, October 15 and 16 at John Lord O'Brian Hall. Six representative positions on the SBA Board of Directors for first year students only will be vigorously sought after along with three student positions on the all important Faculty Student Relations Board. All members of the student body are eligible to run forFSRB representative. The StudentBar Association of the State University of New York at Buffalo School of Law is organized to promote the general welfare of the Law School, to cultivate social acquaintances and cooperation among'the students and the faculty, to promote and protect the rights and interests of the students in matters involving those rights and interests, to secure the association and good-will of the members of the legal profession and to coordinate all studentactivities. The SBA Board of Directors is the governing body of the organization. It consists of six directors from each class. The Board is the representative student governing body of the Law School and has precedence over all other recognized and duly approved student organizations and activities. The duties of the entire membership of the SBA are to legislate, establish policy, and make rules and regulations on extra-curricular activity on and off campus. The Faculty Student Relations Board consists of four students and three faculty members. The purposes of the Board are to foster a critical understandingand an ever improving rapport amongst the members of the Faculty of Law and Jurisprudence, and to implement under its powers all programs granted to it that substantively affect both students and faculty. The Board hears all grievances concerning the entire spectrum of school life from whatever source and takes prompt and appropriate action in relief of same. The FSRB shall investigate research by Skip Hunter and make recommendations on any phase or problem of school life providing this function is not being performed by another committee. The Board considers and proposes recommendations for the number of students and Faculty andmanner and extent of selection and participation of students for attendance at the Faculty meetings and participation in Faculty-Student Committees. And the Board shall conduct course and teacher evaluations. It is the responsibility of the Student members of the FSRB to periodically report to the student body on its activities, to solicit and present student opinions and to make a monthly report to the Board of Directors of the SBA in person. The positions to be Tilled by election on the SBA and FSRB are indeed positions of great responsibility and high importance. Support your candidate and by all means VOTE. �October 9,1973 OPINION 2 Editorial .. President's The Judiciary. OPINION has seldom endorsed political candidates. However, this fall there is a contest which is of paramount importance to lawyers and prospective lawyers, that ofChief Judge of the New York Court of Appeals. The choice is clear. We endorse the Republican-Liberal candidate, Judge Charles Corner by Marty Miller June is a long way off; for most third year students the thought of facing the impendingbar examination is but a distant unpleasantry. But one D. Breitel. is often reminded of summer's approach, even We agree with the Buffalo Evening News that Judge before the winter's first snow, by the multitude of Breitel is "easily one of the ablest jurists to sit on the Court prospective employers whose names appear posted of Appeals in recent years." His intellectual ability is on the placement board. For many of us it is undisputed. One need only read a sampling of his many round one of life's battle, and for others, maybe Turn-out at school elections has been improving over the past and I hope that we thoroughly insightful and lucid opinions for that ability to be round five or six. Rumor has it that it is difficult, no, it's continue this positive trend. Balloting for the obvious. His twenty-three years experience on the bench, his impossible to find the "perfect" job, be it a three additional members to the Faculty-Student administrative skills developed as chief counsel to Governor Thomas Dewey, and his selection to the Council of the clerking position or a full-time position after Relations Board and the six Freshman Class graduation. There is probably considerable truth Directors will occur on Monday and Tuesday American Law Institute reinforce this theme of excellence. October 15 and 16. All students are permitted to to that rumor, but that's no reason to give up even Moreover, Judge Breitel has adamantly refused to be before the race begins. In the past we have had a vote for representatives to the FSRB, only first "sold like soap" to the voters of New York State, preferring placement service which was quite marginal, one year students are permitted to vote for Freshman to depend on his reputation as a thoughtful and keen-minded which had little hope of improving. We were the Directors of the Student Bar Association. judge, truly a judge's judge. The years of SBA responsibility for the poor relative, sharing our placement officer with His opponent, on the other hand, in defeating the capable the people on Main Campus. He was an individual library's nickel photocopy machine are rapidly Judge Weinstein in the Democratic primary has made himself reaching their last days. Following considerable who worked through the University Placement known to the public only through a lavish media campaign. Office and occasionally (on a somewhat regular negotiation with members of the university Contrary to his advertisements labeling him "Chief" basis) sojourned to the eleventh floor of administration an accord has been achievedwhich will permit the Law Library to assume the role of" Prudential. Fuchsberg, never once has he sat on the bench. You may be wondering how all this has guardian of the five cent copy service. Had it not Breitel's record of performance has earned him a rating of cooperation of the law school's "well-qualified" by the major Bar Associations ofNew York changed. Announcements still bear the legend "see been for the fullest of Peggy," and one wonders if Peggy is really our administration, and course, Larry Wenger, there State. His intellectual ability and his personal integrity make placement officer possibility that the nickel copy who simply masquerades as was the distinct him eminently qualified for one of the most important Dean Mix's assistant. While not wishing to might have gone the way of the nickel coffee. We judicial offices in the nation. completely quell that rumor let us simply say that expect that the SBA owned and operated copying if Peggy is our placement director, then her tenure machine will be shifted from its niche in the in that role is only temporary. The 1973-74 Law second floorwithin the near future to be replaced School budget has a provision for the hiring of a by a more efficient Xerox, or otherbrand of dry The race in the 10th District for the position of Erie placement director, who in addition to that copier. County Legislator also calls for an endorsement which we responsibility, shall assist with the development of A number of letters have already beenreceived enthusiastically give to Susan Lubick. Ms. Lubick, a former our clinical programs. Hopefully that slot will soon by the SBA Appointments Committee whichhas student at this law school, is a bright and articulate candidate be occupied by a capable, industrious individual. begun to conduct interviews to fill positions for who has devoted much thought and effort in preparing Hopefully that job designation will be altered so Student-Faculty committees. If you are interested herself to meet the crucial issues oflife in Erie County today. that our placement director will be able to devote in participating in the law school's development I She stands squarely behind full participation by all County all his energies to that position. Those of you who can not urge you strongly enough to submit a residents in the advantages offered them by the City of are interested in assisting with the development of letter of intent to either the SBA office or Shirley our placement service are encouraged to contact at the registrar's office. The letter should be brief Buffalo, and will work for their financial support for your views on the direction of growth and institutions and services utilized by them. For example, me at your earliest convenience. There are a stating number of additional openings for student development you would like to see the committee parks, Memorial Auditorium and cultural institutions within participation adopt. on the Law School Placement Please include in the letter your home the City which are presently funded either wholly or by a Committee. Your contribution, no matter how address and telephone number so that we may disproportionately large amount by the City are used by all is welcome. schedule you for an interview. Erie County residents on a regular basis and cry out for full small, support large. the at County and fair from Ms. Lubick will endeavor to stop the rip-off heretofore perpetrated on the City by suburban residents, who need the advantages offered by the City but have not been willing to share in the cost of Miss Wisteria is a midget. She unique is that it is very strange. heart, and let the chips fallwhere these advantages. Miss Wisteria is the last straw. By they may. Therefore, he knows Ms. Lubick is well-prepared for this job. She has added a used to be Shirley Temple's stand-in. She made one thousand the time she rolls around, you that it is cool to chuck it all and great deal of technical expertise to her natural concern for dollars a day, but she returned to have been zapped with so much run upstairs into the arms of the the County. She is a highly competent individual, as well, and the traveling show because it was strangeness, you know it can't get middle-aged transvestite who has is prepared to spend full time working for the citizens ofErie the only place she belonged. In worse (or better). But it does. Out managed to prevent his return to County's 10th Legislative District. the traveling show she is Miss pops Miss Wisteria; and that's it, New Orleans. Sure. If you are a voter in the County's 10thDistrict, be sure Wisteria. She has a name. She is terminal weirdness. All very odd. But laced Every character in the play is a throughout is humor that keeps to cast your ballot for Susan Lubick on November 6. If you unique. Unique, quite unlike her homophone,thewidget.The widget lost soul, each hiding in his or her the characters human and the play aren't, remind your friends who are. as we all know, is the Great own safe harbor, like it or not. from being ponderous. Fungible's greatest fungible. It is Safe, able to handle those other It is a good production. The Recycle This Issue the universal item of trade. There voices, other rooms outside. staging was excellent and the OPINION joins with the SBA and the undergraduate are thousands of them, millions, (Truman worked the title in about acting was outstanding. Particularly good was Lynne Student Association in asking you to utilize the green all alike. that clumsily). Our thirteen year old hero, Thigpen, who was captivating as receptacles marked "Paper for Recycling" to deposit only Miss Wisteria was quite Joel, finally pulls out when he Zoo or Missouri Fever, if you will. paper. Please do not deposit thumbtacks, cigarette butts and Other Voices, Other Rooms, other such paraphernalia in them. As future lawyers who will entertaining. So was Other Voices, realizes his own uniqueness. He Other Rooms, Truman Capote's knows that he is he, and I am me, scheduled to run through October be using paper by the ton, we can begin now to form habits new play, of which part. 21, she is a It and we are and we are all is the Studio Arena's first play we, which will benefit the whole of society. is about uniqueness. It is unique together and that he can do of the new season and a world in itself. The main reason it is whatever he pleases, follow his premiere. If it is any indication of Volume 14, Number 2 ftnininn things to come, then prospects October 9, 1973 1101111011 look good. The Studio Arena has Editors-in-Chief Kay Latona, JohnLevi definitely improved in its caliber Alumni Editor Earl F. Carrel Assistant Editor Vacant of productions and promises to Articles Editor Skip Hunter Managing Editor Vacant Letter to theEditor: the law school environment.It continue to .that way with its Business Manager Vacant Features Editor Kay Wigtil We are concerned with the is important as first year students November production of Sports Editor Skip Hunter Photography Editor Chris J. Belling reactions of the women who to acclimate yourselves to the Tennessee William's A Streetcar SUIT Ray Bowie, Frank Buffomante, Jim Burgio, Buffy Burke, Skip attended the dinner at Dean Mix's demands of law school before Named Desire, with Jon Voight Conover, Julio Fuentes, Chris Greene, Peter Jasen, Tom Lincoln, Lance last week. The impression deciding how much time you can of Midnigh t Cowboy and Mark, Marty Miller, Bortcha Motcha, Gary Muldoon, Peggy Rabkin, Dave generated seems to be that women afford and want to devote to Deliverance fame playing Stanley Stever. law students are expected to outside activities. Kowalski. Student tickets are week, except for vacations, during the OPINION is published every third devote much of their "spare" time Anyone interested in discussing available forall productions. academic year. It is the student newspaper of the State University ofNew and the Other Voices, Other Rooms is to to energy problems wanting various these or talk, York at Buffalo School of Law, John lord O'Brian Hall, SUNY/B North organizations that exist in the come to the Women's office in not the kind of play that leaves Campus Buffalo, New York 14260. The views expressed in this paper are school and community. While we 509 Thursday, October 18, at you shouting for more. But it is not necessarily those of the Editorial Board or Staff of OPINION. OPINION is a non-profit organization. Third Class postage entered at believe it beneficial to be 1:00 and we'll try to be helpful. interesting, stimulates plenty of Buffalo, New York. Eileen Greenbaum thought about Truman Capote's involved, we thinkit ought to be rl stressed that it takes time to adapt Sally Fox head, and is well worth seeing. OPINION isfunded by SBA from Law Student Fees. And the Legislature Capote Opens Studio Arena - --- --- Letter to the Editor �October 9,1973 OPINION The Gadfly The Bray of the Jackass by Ray Bowie Imperial Byzantium, which has wherein the trumpeting of the lent its name as a synonym for Republican elephant has been political intrigue, had absolutely drowned by the bray of the nothing on Buffalo, New York, jackass triumphant. Secure in City whose political structure, one Hall, Democratic Mayor Stanley would believe from perusing the Makowski is reportedly not going local media, is replete with an to the bother of an election empire, an emperor, a palace campaign, while on the legislative guard, and the occasional side, the deliberations of the poisoning or stabbing death of a Common Council have been former palace favorite. replaced by the deliberations of The empire is that of Joseph the Democratic caucus, whose Crangle, Erie County and State decisions are then translatedinto Democratic Party chairman, and votes. the political system over whichhe Boss Crangle has indeed reigns is known among political succeeded where the Democratic cognoscenti as 'The Crangle Party has met failure: in Strangle," a party organization so preventing the disintegration of successful as to be virtually the Rooseveltian coalition. The identical with local government. traditional special interest groups The opposition, a feckless welded into that coalition are all underground movement, is well represented in the Buffalo rumored to be the Republican area, and the Boss, even though an Party, an elsewhere virulent establishment pol himself, has political heresy that Boss Crangle managed to adopt a sufficiently has virtually managed to extirpate "progressive" image for his withinhis realm. machine to prevent large-scale While often coming out second defec t ions from increasingly best state-wide against the restive sections of those interest Rockefeller machine headquartered in Albany, theBoss has successfully transformed the City of Buffalo, alias the "Armpit of the East," into a Democratic preserve, a one-party state Textbooks cont'd, from page 1 Publishing houses justify the increased prices on new editions by citing the heavy expenses they entail in hiring consultants to 3 groups. The ethnic vote is still Crangle's, despite the swing toward Nixon last year and despite national Democratic stances that have penalized ethnic constituencies. The Democrats have a virtual monopoly on the black vote in Buffalo, while the local AFL-CIO unions function as little more than an adjunct to the. Party each election campaign. The success of that electoral coalition bespeaks itself in the very fact that theDemocrats have a current 13 to 2 majority on the Common Council, complete control of City Agencies, and now even threaten to consolidate further gains in the County Legislature, formerly a Republican redoubt. Within the City, theDemocrats have had mastery for so long that they have refined political arrogance to a science, the practice of which usually involves meeting the interruptions of Republican councilmen Charles Volkert and Alfreda Slominski with icy stares and haughty silence. As icy stares takeeffort, the Dems are hoping to conserve their supply after November by the simple expedient of unseating Republican Volkert, thereby isolating the outspoken Mrs. Slominski even further. Stanley Makowski, who succeeded the scandal-wracked administration of Frank Sedita after the latter stepped down 1. Philosophy of Law (Franklin) Jurisprudence Legal Theory Philosophy of Law Total $17.50 $15.00 $ 2.95 $35.45 suddenly due to "healthreasons," feels so confident of election that he has yet to open a campaign, pretends not to have heard of Republican challenger Stew Levy, and is even rumored to have cast an absentee ballot, perhaps after having written in Joe Crangle's name. On the County level, the Republican organization is, unlike its ineffectual City counterpart, at least putting up a fight to regain control of the Erie County Legislature, on which the Democrats now hold a two-vote majority. Even so, the effort is strictly uphill against the Crangle juggernaut, with strong challenges posed Republican incumbents by liberal Democrats such as Susan Lubick, whose campaign has thus far made the area's sherry-sipping circuits with great fanfare about "social concern." The Erie County Republican Party facing this onslaught was the subject of a recent analysis by Courier-Express political columnist Ray Herman, in which the chronic ills of that Party were diagnosed as weak organization, divided leadership, and incapacity to exploit issues. The latter is a particular deficiency, for Republican strategists have been known to dodge issues in preference for the strategy Nixon adopted toward McGovern last year: ignore the Democratic challenge and let it campaign itself to oblivion. Unfortunately, the right analog for the Erie County Republicans is not Nixon vs. McGovern, but rather Dewey ys. Truman, in which contest the above strategy came toruin. What issues do exist, and the number multiplies with each daily newspaper, cannot be exploited by the Democrats, for such issues run the gamut from no-show scandals, political judgeships, and suppressed public studies to the usual nepotism of City Hall politics, all trademarks of the Crangle machine. The Democrats do not worry about issues, however, for they simply do not need them. THE TOP FIVE 2. Feberal Taxation (DelCotto & Joyce) $19.00 Text $12.50 conduct the revisions, but the Tax Regs $31.50 bookstore management expresses Total mystification at the extent of 3. Criminal Law (Katz) Ail other courses require under $30.00 of books required, have Text $16.00 under $22.00 in text expenses, actually declined over a year. some of theincreases. First-year st udents, HLAHart Of p articular interest to $ 1.45 although there are very few under $ 5.25 the $20.00-$22.00 bracket. For a first-year students, three of their unaccustomed to such high book Puritans $5.25 required Penal Law four-course student courses are now among load, a prices, seem particularly annoyed can $27.95 expect to spend from a minimum the school's top five most with the text prices in some of Total of over $80.00 to a maximum of expensive, with Criminal Law 4. Civil Procedure(Homburger) their courses. One such student, $17.00 almost $112.00 for books alone. making the list for the first time. who had been assigned to section Text CPLR $ of Criminal 5.00 Law, complained 4 $ 4.50 As compared to 1972's highest Another point of interest is that his instructor had required Supplement $26.50 priced courses, Federal Taxation that whereas a third-year student* Total $28.00 in texts and supplements, to (other sections) purchase texts for five 5. Civil Procedure has moved the second could spot when other Criminal Law sections $17.00 from the third, while the costs for courses last year for $ 107.00 J Text got by under $22.00. $ 5.00 Civil Procedure, second most texts for four courses this fall! Other first-year students noted CPLR $ 3.75 expensive in 1972 with over could cost up to $112.00. that Civil Procedure courses, Fed Rules of CivilPro Total $25.75 traditionally among the expensive in text costs, were requiring purchases of over $25.00 in books this year. course, while instructors in other Upperclasspeople singled out courses are increasingly being texts for credited for continuing with the Philosophy of Law which cost $35.45 making it the same books, thus making used whether the Watergate Grand Jury jailed until the President by Ray Bowie most expensive course and texts possible to sell and cheaper Federal Taxation, where book to buy. or the Select Committee on surrendered the tapes. Observing that the In other courses, however, expenses of $31.50 ran a close Speaking last week before an Presidential Campaign Activities second, as courses in which "such problems allegedly remain. audience of approximately has sufficient prima facieevidence presumption is always for the aiding courts' high-priced texts are not necessary Different professors teach seventy people attending the first to justify the them President when he is the for the subject matter," in the Contracts each semester, and each Distinguished Visitors' Forum of in obtaining the controversial defendant in a proceeding, Mann concluded that the courts had words of one third-year student is said to want different texts. In the year, Constitutional Law tapes. who would like to graduate. In Evidence, only two books are Professor Howard Mann reached a dilemma in being asked belief the Philosophy of Law course, used, either Maguire or Louiselle, contradicted the common Prof. Mann said that he to subpoena the tapes while the one thin volume of 600 pages, but instructors alternate in that the Watergate tapes cases "totally rejects" the President's President's attorneys are arguing Friedman's Legal Theory was teaching the course and hence the posed constitutional questions claim of executive privilege as "an that there is insufficient evidence selling for $15.00. while in other book alternates fromyear to year. rather than procedural issues. insulation" against Congress or offered to prove that the tapes are the courts, terming the claim a needed by the Grand Jury for courses individual texts such as And upperclasspeople recount "The issue in the two cases "notion of kingship." On the either indictments or fairness for Criminal Justice Administration, instances in which professors have Federal Courts and System, and required the purchase of texts being adjudicated is not what the other hand, he asserted that the the defendants. Noting that courts will not Federal Courts cost $22.00 each. only to make them optional later President's power is," argued Mr. Senate Select Committee had Mann in presenting his thesis. "very little" standing to sue in the undertake cases for discovery Veterans of.the text purchasing in the course. ordeal note that there is little the The bookstore continues to "The issue, rather, is whether matter, as its function is limited unless there is sufficient prima Law School can do to affect rising buy used texts, provided the same there is sufficient evidence to to investigation for the purpose of facie evidence of what facts there publishers' list prices but that edition has been re- ordered, with justify court jurisdiction over the future legislation. The Watergate are to be discovered, Prof. Mann which does have predicted that the Supreme Court some improvement has been made the price offered depending upon President." Mann's contention Grand Jury, locally in that faculty are the resale condition of the book was based on the supposition that authority to request the tapes for will find itself in a position where of the discovery proceedings, offered a the Grand Jury's case is "too good exercising cate in the selection of up to 50% of the list price. The "it is not the function books. In Constitutional Law, for Student Bar Association has, courts to determine the measure weak case, Mann feels, when to throw out yet not good enough instance, the second course is moreover, reportedly considered of governmental authority" Archibald Cox made Nixon the to proceed with," since the prima on the contents of retaining the same text students operating a student-run book shared by the President and defendant instead of presidential facie evidence Congress, but rather to decide counsels, who could have been the tapes is so very limited. had to purchase for the first exchange. - Mann Discusses Tapes Issue - �October 9,1973 OPINION 4 Breitel Relies on Record Court of Appeals Race Charles D. Breitel, Senior Associate Judge of the New York Court of Appeals, is the Republican-Liberal nominee for the office of Chief Judge of the Court of Appeals. A Columbia Law graduate in 1932, Judge Breitel practiced privately until 1935, when he entered public service. After working on the Thomas E. Dewey Special Rackets Investigation in New York County, he became Assistant Chief of the Indictment Bureau, rising to Chief in 1941. Breitel then served as counsel to Governor Dewey from 1943 to 1950 with broad responsibility for a wide range of legislation and coordination of executive agencies. Judge Charles D. Breitel In 1950, he was appointed by Governor Dewey to the Supreme Court, a position he held until joining the First Department of the Appellate Division from 1952-56. Judge Breitel has been a Justice of the Court of Appeals since 1967. In addition to service to the State of New York, Judge Breitel has served as a member of President Johnson's "Crime Commission," the Federal Commission on International Rules of Judicial Procedure, the A.L.I. Advisory Committee on a Model Penal Code, and is presently a member of the A.Ll.'s Select Council, the Institute of Judicial Administration, and the Board of Governors of the American JewishCommittee. Of the position he seeks, Judge Breitel says, "The Chief Judge is the leader of the State's judicial system. Though he may not lead by fiat, he can lead by persuasion, wisdom of judgment, courage and by forcefulness of personality, together with the readiness to accept the burden of leadership." Judge Breitel has attempted to maintain an atmosphere of dignity in the campaign for Chief Judge. He has consistently addressed the issues, and has resisted seeking contributions from private individuals. In spite of his reserve, Judge Breitel has been the subject of both vilification from his enemies and glorification from his allies. His opponent, whose campaign expenditures far outstrip Breitel's, has attacked Breitel's supporters as partisan "Wall Street lawyers" whose political machinations were responsible for the decisionof the State Bar Association, whichrated Breitel "well qualified" and his opponent "unqualified." Judge Breitel has been endorsed by most of the large state newspapers, including the New York Times, the Buffalo Evening News, and theNew York Law Journal. As the only candidate with judicial experience, he is seemingly the overwhelming choice for the post; whether his credentials will mean more to the voters than his opponent's advertising and long trial experience will be seen on Election Day. Trial Lawyer Seeks Bench Jacob Fuchsberg, Democratic candidate for Chief Judge of the State Court of Appeals, has been conducting a heavily-financed media campaign since winning the June Democratic primary to convince voters that the Chief Judge should assume an activist role in "shaking up" the state court system, in modernizing court procedures, and in making legal services more available to the public. Fuchsberg, who upset federal District Court Judge Weinstein to win what he calls the first independent nomination without organized party support forsuch a major state office, has attacked the state court system for allowing judicial goldbricking, obsolete case procedures, and political deals in the selection of judges. The Democratic candidate has pictured himself as the underdog in an uphill fight against Republican opponent Charles Breitel, who he claims engineered the rejection of the Fuchsberg candidacy by the New York State Bar Association. Breitel, F uchsberg also charges, has dodged issues throughout the campaign, while Fuchsberg has advanced more lhan 20 "specific proposals to improve our courts," including calls for increased judicial review of lower court decisions, more computerization in administering court calendars, automatic review of sentences, and government-subsidized legal insurance for those who might desire it. Fuchsberg, who founded the Trial Lawyers Association of America and boasts an extensive list of publications, has replied to charges that he has tried to "buy" the election through lavish media spending by alleging that his campaign spending "is not an issue at all," adding that he must spend heavily to compensate for his lack of support from the legal "establishment,"whichhe accuses of having made a "cult" of the profession. He points out that the State Trial Lawyers Association has designated him "forceful, dynamic, well-learned," and that as Chief Judge he would have an advantage over Breitel, whom he has accused of insulting trial lawyers, in being better able to deal with such attorneys. Again attacking the judicial establishment, which he described as "a small group of establishment lawyers representing Wall St. institutions," Fuchsberg, who has himself never previously sat as a judge, pledged to travel around the state if elected "to observe firsthand the quality and efficiency of theadministration of justice," so as to insure a more visible Chief Judge and a more accountable judiciary. "The Chief Judge must observe the procedure in the judge's firsthand, without notice," he has said. "This is the only way the Chief Judge can secure the complete picture to enable him to decide upon and institute the necessary adminstrati"e, procedural, or personnel changes needed to insure the highest standards of courtroom Law Women Hold Dinner Meeting by Buffy Burke The Association of Women Law Students held an organizational meeting cum polluck dinner at thehome of Dr. Majorie Mix, Assistant Dean of the Law School, on September 24. Professors Marjorie Girth and Janet Harring attended along with approximately fifty women law students. After everyone had sampled the savory thirty-odd culinary delights available, the following announcements of interest were made: The Association of Women Law Students office is located in Room 509. The purpose of theassociation is to promote the welfare of women in law schools, here and elsewhere. Other women's groups in Buffalo include: the National Organization for Women (NOW), the Women's Political Caucus, the YWCA's Women's Resource Center, and the Women's Center on Linwood and Franklin. To date, only one woman has been a member of the Moot Court Board: third-year student Kay Latona. All women students were urged to be present when this year's Desmond Moot Court Competition problem will be given out on October 11. Participants have one month and four days to prepare their briefs. First-year students are always among the participants, and also among those chosen as Moot CourtBoard candidates. Jan Morelli, second-year Jacob Fuchsberg justice." student, will pick up all mail for the Association. The next meeting will be at Sue Gardner's, 89 Middlesex Road, Buffalo, on Wednesday, October 24. On October 22, 1973, the Fourth Department Appellate Division will sit in the Carlos C. Alden Moot Court Room at John Lord O'Brian Hall to hear regularly scheduled appeals. This is the first time that the Courthas ever sat at any law school. Penny Wolfgang, attorney in charge of Buffalo's Legal Aid Appellate Division, will argue two cases that day. Women law students were urged to attend. Funds for the Women Law Students Association come from the SBA. Buffalo Legislation Buffalo Legislation Project has named JimClute as Director, Skip Conover as Managing Director, and Larry Candee, Tom Bailey, and Jim Devoy as Associate Directors. The Project has received five specific projects to date, and is anxious to hear from students who are interested in serving as team leaders or researchers for any of these projects. Work on projects will provide students an opportunity to workdirectly with legislators and their staffs. The following are the projects purrently available: 1. PORNOGRAPHY A legislative STATUTE committee desires to introduce a - statute which will conform to the guidelines set down in recent Supreme Court decisions. The committee is particularly interested in a statutory definition of hard-core pornography and guidelines for the procedure to be followed in the seizure of pornographic materials. 2. SENTENCING REVIEW BOARD A legislative committee is interested in establishing a board which would modify the excesses in sentencing and establish guidelines for sentencing policy throughout the - state. 3. CONFLICTS OF INTEREST IN CRIMINAL JUSTICE A committee seeks to - . .ProjecCotmencs �October 9, 1973 OPINION 5 SBA Selects Committees by Ray Bowie officers Debate has erupted recently within the SBA Board of Directors in the aftermath of President Marty Miller's presentation to the Directors of a new SBA committee structure which he said the Student Bar Association needs in order to meet particular needs of the student body. Directors, presently representing only the junior and senior classes, seemed to agree with the SBA President that the new committee structure was desirable, but debated whether the committee memberships should include as many executive officers as Mr. Miller had indicated he thoughtnecessary. provide could the committees" and noted that, under his plan, those officers never had a controlling vote on any of the committees. Several Directors, alleging that there was still a preponderance of executive officers in the committee structure, attacked specific provisions that made executive participation necessary for a committee quorum, and accused Miller of having reneged on a past pledge to decentralize the SBA structure. Amendments were offeredand carried, limiting the extent of executive participation in the committees and deleting the controversial quorum provision. President Miller's committee proposals, only the first three of opinion, "the most important of ! SBA Academic Policy Committee the committees are Appointments which seemed to them duplicative and Budget, "as the of the student representatives on Appointments Committee will be t the APPC; President Miller will charged with selecting the student i invite the APPC representatives to representatives to the faculty testify on the proposal at the next committees while the Budget SBA meeting. The sentiment of Committee will be responsible for the Delegates appeared to be that d c termin ing SBA budgetary i if the APPC representatives were allocations. The only other I accountable to the SBA, a committee considered thus far by i separate SBA committee for the Delegates, Academic Policy, is academic policy would be designed to parallel the faculty superfluous. APPC and work directly with that committee's student Assignments to the two representatives in a "strictly c approved committees, advisory" capacity. 1 Appointments and Budget, were < < : The remaining seven committees would be assigned the specific functions indicated by their names, with membership consisting of one representative from each class except in the cases of Graduation and Orientation, which would be directorates of the graduating class and as the name* of those Directors present at the decided by lottery, meeting were drawn at random and matched with committee vacancies. Members of the Appointments Committee: Marty Miller, Buffy Burke, Chris Greene, and Jim McLeod, all members of the Executive Board; and Bob Gottfried and Les Sconiers. Gottfried is the sole second year student. Members of the Budget Committee are: Hugh Scott (on thc Executive Board), Skip Hunter, Laura Zeisal, and Don Lohr. Lohr and Zeisal are second year students. Students on Faculty Committees Defending executive which were discussed at the first participations in the committees meeting due to the length of against charges that his plan debate, entail nine SBA would lead to the committees, designated "over-representation" of a few Appointments, Budget, Academic upperclassmenrespectively. Discussion of the remaining Here is the current list of student n nembers of faculty committees: individuals, President Miller Policy, Social, Summer Jobs, contended that "there is certain Elections, Law Day, Graduation, seven was tabled when Directors knowledge that only executive and Orientation. In Miller's questioned the necessity of an Admissions Committee: Thomas Mitchell Lecture/ Distinguished Bailey, Kay Latona, Michael Speakers Forum Thomas Bailey, Sherwood Linda Connor Kane (ex officio) First Faculty Meeting Includes Students On September 19, 1973, the first faculty meeting of the academic year was held in the Faculty Lounge. Eileen Greenbaum and Peggy Rabkin were present to provide the faculty with student opinion. Among the items on the agenda was a report on the progress of the appointments committee. TheFaculty ofLaw & Jurisprudence will be increasing by five new members each year for the next five years. In addition to full-time teaching staff, the Appointments Committee will also search for two people capable of part-time teaching and part-time administration. One will be a placement officer and the other an admissions director. It was pointed out that appointments should be made within the affirmative action guidelines for recruitment of minority and female personnel. The possibility of employing upperclass students to assist in the teaching of small first-year electives was also discussed. Professor Milton Kaplan moved to extend the clerkship-for-credit program for one year. For the coming year there will be up to ten students with no more than two students assigned to any faculty advisor. Mr. Kaplan's motion was conditioned upon Brandeis v. U.S. "Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are ... commands to the citizen In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt forlaw; it invites every man to become a law unto himself; it invites anarchy." Louis Brandeis, dissenting, Olmstead v, U.S., 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944 (1928). make explicit what sort personal, professional, of mechanism for removing such or officers. commercial involvement would S. DISCRIMINATION BASED vitiate a criminal prosecution. ON HANDICAP A legislative committee wishes to rework 4. FIFTH AMENDMENT FOR proposals establishing the PUBLIC OFFICIALS The State illegality of discrimination on the Constitution provides that public basis ofhandicap. More detailed descriptions of officials refusing to answer questions about their official the projects are available. Other conduct must be removed from committees have expressed public office. The U.S. Supreme interest in BLP and will be Court has impliedly declared this submitting written requests in the provision violative of the Fifth coming weeks. Any student Amendment of the Federal interested in participating in any Constitution. A committee desires of these projects is encouraged to to amend the Public OfficersLaw contact one of the directors, or to conform to the Supreme Court visit the Project office at Room guidelines, while still providing a 505. - - better faculty supervision of the program. It was passed by a vote of 22-1. The state of the new building was also discussed. The administration is working 10 obtain a student rathskeller to be located in the basement. This rathskeller will provide both a food service and a central large area large enough for the entire study body to meet, party, or lounge. A beer license for this lounge is also being sought. Appointments Committee: Marylou Clark,Nathaniel Wong Placement Committee: Thomas Mullaney, Thomas Reeve, Richard and Program Review Schisler Connittee: Susan Bring, Martin Miller Research and Special Programs Faculty/Student Relations Board: Committee: John S.Levi David Hampton Student Representatives to Minority Students Program: Faculty Meetings: Regina Felton, Eileen Greenbaum, Peggy Rabkin Melvin Baker, Alvin Brown Budget Ex-Student Seeks Local Susan Lubick, who was a student at SUNYAB Law School in 1971 and 1972, is the Democratic-Liberal candidate for Erie County Legislator in the 10th District. The 10th District lies entirely within the City of Buffalo and is bounded roughly by Kenmore Avenue on the north, Bailey Avenue on the east, North Street on the south, and Richmond, Elmwood and Norwalk on the west. Ms. Lubick was born in 1937 and, in addition to her two semesters at the Law School, was educated in the Buffalo public schools (No. 66 and Bennett High School) and received her US. from Cornell University. She formerly taught in the Buffalo public schools and Calasanctius School. She is married to Donald Lubick, a Buffalo tax attorney, and has three children aged 12, 10 and 9. Ms. Lubick has been active in civic affairs, especially in the field of education, an area in which she studied legal aspects at the Law School. She is a member of the - School-Community Advisory Committee of the City of Buffalo, a citizens' group organized to advise the City's Education Department. She organized and headed a committee formed to study innovative programs of education elsewhere to see what contributions could be made to upgrade education in Buffalo. She performed similar responsibilities for another civic group, the Consortium on Quality Education. As an officer of School 64 P.T .A., where her children attended, she organized a pilot program of parent volunteers to upgrade the quality of education in local schools. Her group of about 15 parents engaged in tutoring and enrichmentprograms at the school in reading, math, French, Spanish, art, music and creative writing. She also performed the research and cngin cc ring a proposal for individualization of instruction at School 64 as a model for Buffalo public schools. Her principal objective as a County Legislator would be to end the general feeling that the city is an entity apart from the county. In order to improve the quality of life in the city, she seeks greater county participation in city life. For example, Ms. Lubick points out that large city parks such as Delaware, Grover Cleveland, Schiller, and Cazenovia, are extensively used by suburban county residents. In the case of GroverCleveland, the use by suburban residents is probably as high as 80%. Yet city taxpayers through their dollars finance this use entirely. At the same time, city residents support about one-third of the county tax base and these dollars are used to support parks and residential facilities outside the city. Were the county to take over the Office financing of in-city recreational facilities, cultural institutions, Memorial Auditorium and maintenance and improvement of arterial streets and highways used by suburban residents to travel to and from work, city taxpayers would still be paying their fair share since they are county taxpayers. In addition to securing a fairer share for the city of the county tax dollars Ms. Lubick is seeking the creation of a full-time consumer protection agency with legal powers to enforce consumer rights. Such an agency should be empowered to license home improvement, television and automobile repairmen, to institute unit pricing and to employ experts to represent consumers at utility rate hearings to protect them against unwarranted increases. Ms. Lubick is seeking to be a full-time Legislator without participating in any other gainful activity. She wishes to devote her entire time to improving quality of public service and not to use the legislative job as a stepping stone for other political office. She has organized a large corps of experts in various areas from the community, including professors and students from SUNYAB. It is her hope that this organization of community experts can be continued after the election In act as a citizens' lobby and research team to upgrade the quality of local government. �October 9, 1973 OPINION 6 a copy should pick up a new table judges of the Fourth Appellate of contents with page numbers in Division have consented to this 306 on the classhandout desk. unique appearance at a law school because of this Faculty's position Several areas of the school have as the only state-supported law been designated as information school in New York. by lan DeWa.il After the cases have been points where daily information is posted on bulletin boards. heard, the judges will meet with Turn of the Screw was initiated Student mail, ride notices and students in the afternoon to last year to provide a channel for personal messages should be discuss the decisions. Assistant communication between the Law posted inside the first floor Dean Marjorie Mix emphasized School administration and law student lounge. Class assignments that this is an unusual experience students. Information concerning are currently found on the second both for the Court and for the deadlines, application procedures floor bulletin board. However, if school and hopes that students for various things, requests for in the near future these listings will sacrifice their holiday to student input and general disappear, they will have been participate in this unique session. announcements that facilitate relocated to the first floor * * * For those interested in cards, one's existence at thisschool, will sylindrical bulletin board in the Moot Court lobby. Class schedule both ID and class registration again be madeavailable. changes and official law school cards are now available at the For the first time in a number notices are posted on the third Registrar's office. Everyone of years, a complete listing ofLaw floorcircularbulletin board, while should pick up their class cards as School policies and regulations Placement opportunities and soon as possible to check for concerning academics, financial aid information share the errors to avoid problems during registration, financial aid, board outside the mail room on exam time. organization of theadministration the same floor. Next to the * * * hierarchy, student activities and Registrar's office is a portable Students with Work-Study other information is available in bulletin board where Student Bar grants who have not yet been the form of a student handbook. Association notices can be found. placed should see me in 309 Many students apparently did not Students shouldcheck all these O'Brian Hall immediately. The receive a copy of this book during boards regularly as they are the Financial Aid Office will begin orientation. Extra copies are official day to day information reassigning the grants in the very available in the Registrar's office distribution points. near future. Also, if anyone has or in 309. Everyone is urged to other financial aid problems I am pick up a copy as Registrar available on Monday from 11:00 Charles Wallin has indicated that The Fourth Appellate Division to 1:00; Tuesday 11:30 to 3:30 all students will be held of the New York Supreme Court, and Thursday 1:00 to 4:00. responsible for the information normally seated in Rochester will * * * contained in the handbook. Also, travel to the Moot Courtroom on Jaekle Abrams scholarships thosewho have already picked up October 22 to hear cases. The have been awarded. Applications Turn of the Screw Old Courses New Classes Last Spring the law school faculty adopted a proposal to revise the academic program for the first year. As one of those who participated in drafting the proposal, I have been asked to describe how it affects the current first year class. The short answer is: fewer requirements, more electives, more writing. Torts and Contracts, which last year were six-hour, full-year courses, have been cut back to four hours in the Fall term only. This has opened up the Spring term to more elective possibilities. Thus Property will be the only course required of every first year student in the Spring. A student will make up the rest of his or her Spring program by choosing: (1) Two courses from among the Large Electives; and (2) One course from the Small Writing Electives, all of which will be open only to first year students. •** by Professor Robert Gordon ; - - * • f 0 great pi dee *b eat and aVihk Z5BO fain St Ht presents *\ W projects. - vacation of the rest of the University (March 16 through 23). The second proposal is more far-reaching as it concerns a major calendar revision for next year which would see school beginning in late August with finals before Christmas. A one week "rest" period between the end of classes and the beginning of exams would be included in the plan. Anyone interested in discussing this * * No classes may be added after proposal should immediately October 4. Classes may be contact the Student Bar dropped up until two weeks Association. before the first final exam. * ** The Mitchell Lecturer for this * * * The Law School will begin year will be Lawrence M. publishing a weekly newsletter Friedman, Professor of Law at next week which will appear on Stanford University. He has been Tuesdays. Edited by Marilla described as a leading American McCarthy in 317, the Newsletter legal historian. On October 16 at will basically be a calendar of 4:00 Mr. Friedman will speak on events with news announcements 'Toward a History of Justice in and grant information. the Court Room." Also, the first Mitchell Information should be brought to 317 by Monday noon for each Lecturer Fund Fellow has been Tuesday's publication. chosen. Professor Robert Stevens of the Yale Law School will * * * Final interviews are now being appear at the Speakers Hour on conducted for the new Placement October 11 at 1:00. The topic of Officer/Lecturer in Law. The this legal historian will be position will include 1/3 teaching. "Everything You Wanted to Know About Law School But * * A calendar changeproposal has Were Afraid to Ask." Mr. Stevens been sent to the Academic Policy will also participate in the and Planning Committee by Alan conference on "Legal Services." Decisions were based on an indexed comparison between financial need, outstanding educational indebtedness and scholarship. The recipients are: Barbara Barth; Ronnie Edelman; Eileen Greenbaum; James Hodge; Paul Litwak; Ed Manso; Tom Mullaney; David Picker; Joel Pock; Linda Tadsen and Laura Zeisel. fo aspect of a field covered in one of the basic first year courses (Torts, Contracts, Procedure, Criminal Law, and Property), and explore some of the important problems in that field in depth. Students will be assigned projects of legal research and writing on those problems. Not much more detail can be given about those courses just now, because for the most part they will be brand new courses, on whose design their future instructors are only now beginning to work. We do know, however, that each of the faculty members teaching a Small Elective will have the assistance of a third-year student who will be able to give help and counsel to students working on the writing specialized One cautionary note about these Elective Spring courses, both large and small. It will obviously not be possible to make these courses fully elective, since The Large Electives will be each course will have to enroll ordinary courses enrolling about about the same number of 70 100 students each. As of students. Procedures will be now, it looks as if Large Electives established whereby each student will be offered in: Civil Procedure ought to be able to get first choice (b), Sales, Constitutional Law, of one course and at worst third Administrative Law, International choice of the other two. (Even Law, The Legal Process, and this happy system will fail if possibly also Labor Law. Some of cv eryone chooses the same these courses (indeed all in the courses.) Halfway through the above list except the course in the Fall, faculty members teaching Legal Process) are offered to the Spring courses will issue upperclasspeople as well as first prospectuses detailing the content year students, so that a first year of the courses to assist rational student who misses one this choice. Spring will have another chance The final effect of the revision was a requirement that some next year or the year after that. The proposal of Small Writing writing assignments be given in Electives (enrolling about 3040 the Fail Termalso. Precisely what students each) resulted from a form these will take is as yet concensus among the faculty that undetermined. It is possible that sludents ought to start the ■ mini-courses of twenty accumulating experience in legal students whose function is writing as early during law study presently in the instructor's that each discretion will be used to as possible. The idea is course will deal with some administer-this requirement. for the scholarships were taken Ahart. One part of the proposal through the summer after notices would move up Easter vacation were posted last May 17. for this year to coincide with the — *r miss Sunday eves sho-9jo HMRMm^- -+he Football Beer-Blast Sunday dfterriaDri flnndaLj night and all Bills games each week plus a. +Ims specials I f\f J I �October 9,1973 OPINION 7 Chow-Down in the Halls Sports by Skip Hunter As the Shysters opened their second decade of intramural football competition at UB last Thursday, September 27th, underdog Les Carnivores (the French Club) led into thehalftime intermission and held on to win, 13-7. When the "meat eaters" hard-driving fullback, Mcl Diamond, dove two yards into the end zone late in the first half, it - marked the first time Les Carnivores' offense had produced a touchdown in the last three yearsof this one-sided rivalry. The touchdown came shortly after Les Carnivores, for the second time, failed to score from the shadows of the billowing yellow goal posts. A fifth-and-goal play from the three, a pass from senior quarterback Ralph Stavitz to his favorite receiver, tight end Louis Liberti, just missed. With 4:20 left in the first period, the Shysters' Rich Tobe punted out to the 31, and the scoring drive of the "prime rib gourmets" quickly took form. Diamond picked up nine yards around right end and Stavitz, a cool, talented 20 year old from Brooklyn, New York, passed to Liberti at the eight. On fourth down,Diamond drove thelast two yards, untouched, over center for the score. Stavitz failed to convert the extra point. Throughout the first half, Les Carnivores did most of the attacking. In fact, the Shysters' offense, no longer benefitting from therunning of All-I.M. Doug Roberts (now retired from the ranks of I.M. sports to pursue a legal career) kept sputtering. Les Carnivores were on defense in their own territory only twice. A couple of Brian Miga passes School Hosts Conference of John Lord moved the Shysters as far as the Carnivores' 42 late in the first half. With only 2:05 left in the half, Miga and halfbacks Bob Feldson and Harry Hersh moved in short gasps as far as the 37, before stalling. But Miga regained his composure in the second half and started to throw the ball with authority. Miga brought the Shysters from their 20 to the 47 with the help of eight and ten yard passes to Brian O'Sullivan and Bob Doren and ttien completed a 53 yard TD bomb to Larry Taylor, the I.M. All-Star sprint champion. Then Taylor breezed into the end zone again O'Brian for the extra point behind the blocking of Anthony Bottar and Craig Hodge to put the Shysters in thelead by a score of 7-6. It took the Shysters only 1:13 into the second half to bypass Les Carnivores. But Les Carnivores fullback Diamond took a punt late in the second period on the goal lineand rushed up the right sideline, finally being hauled down on the Shyster 18 by Jim August. A play later, Liberti ran a post pattern off right tackle for the victory. QB Stavitz ran into the end zone, unmolested, for the conversion. FINAL-LES CARNIVORES 13, SHYSTERS 7. Opinion Seeks Staff OPINION is looking for talented law students to revitalize our will discuss the papers after each presentation are: Professor Robert emaciated staff. We can use photographers,graphic designers, reviewers, W. Gordon, of Buffalo Law writers, reporters, managers, business people, executives, interviewers, School; Professor Quinton investigators. We need people to write columns, go to movies, make Johnstone, of Yale Law School; coffee, type, read copy, talk to the Administration and the faculty, and Professor Al Katz, of Buffalo Law cover the scintillating glitter of law school life. We would especially like School; Mr. Benjamin Lerner, examples of excellence in student effort. Don't hide thoseH's in the After lunch, the following Chief of the Office of Criminal drawer: get 'em published now, in OPINION. D's need not apply. We papers will be presented: "A Law, Pennsylvania Department of can't offer you three credits or a paying job later. But stop in and learn Comparative Perspective on the Justice; Mr. Walter Probert, about our fabulousbeyond-the-fringe benefits. Distribution and Delivery ofLegal Program Director for Law and Services in the United States," by Social Sciences, National Science Barry Metzger of the Foundation, Washington, D.C.; M International Legal Center in New Provost Schwartz; Professor York City; and "Representation Robert B. Stevens, of Yale Law as a Social Institution," by School; and Professor Preble Professor Leon Mayhew, of the Stoltz, of University of California Department of Sociology at the Law School. Faculty, students, and alumni University of California. Closing remarks will be made by Professor are cordially invited to attend this conference. All provocative of Buffalo Law Galanter, Marc SUNY/B Law School will be the Department of Political the host to a conference on the Science at the University of New delivery and distribution of legal Mexico; and "The Distribution of services, on October 11 and 12. No-Fee and Low-Fee Legal The conference is the result of Services by Private Attorneys,"by efforts by Professor Philip R. Professor Lochner. Lochner, Jr., of the Law School, and Al Heibein, a third year student. Featured at the conference will be the presentation of papers by leading legal and other scholars from Buffalo and elsewhere, followed by discussion by a panel of participants from various areas of legal studies. After introductory remarks by Provost Richard Schwartz on Thrusday evening, October 11, the following papers will be presented: "Legal Services for Persons of Moderate Income," by Ms. Barbara Curran of the American Bar Foundation; and "The Problem or Lack of Evaluative Standards in Legal Services," by Mr. Samuel J. Brakel, Project Director for the Judicare Study of the American Bar Foundation. A day-long program of paper presentations is scheduled for Friday. Presentations in the morning include: "Lawyers for the Poor," by Professor Marjorie girth of the Buffalo Law School; "The Failure of Legal Services," by Professor Harry P. Stumpf, of r. School. sessions will be held in the Carlos Members of the panel which C. Alden Moot CourtRoom. "Law and Order" "No well-ordered republic should ever cancel the crimes of its citizens by their merits; but, having established rewards for good actions and penalties for evil ones, and having rewarded a citizen for good conduct who afterwards commits a wrong, it should chastise him for that wrong without regard to his previous merits. And a state that properly observes this principle will long enjoy its liberty;but if it does otherwise, it will speedily come to ruin. For if a citizen who has rendered some eminent service to the state should add to the reputation and influence whichhe Our foreign correspondent reports on the American Bar has thereby acquired the confident audacity of being able Association's annual meeting in Washington, D.C., this summer, and its Law Student counterpart; starring notables such as William to commit any wrong without fear of punishment, he will in a Ruckleshaus, Ramsey Clark, Warren Burger, Hsing-Hsing (see picture), little while become so insolent and a special appearance by the Brooding Presence. Also, more law students report on their summer adventures; and overbearing as to put an end thoughts from the seminal minds of our faculty; and Mr. Motcha on to all power of the law." clackboards and equal rights for the New York Times. Niccolo Machiavelli Next Issue - �October 9,1973 OPINION 8 Alumni Line we'll bring a listing of the other officers and directors. * * * by Earl Carrel So far so good. One column down and only about ten more to go this year. Now that classes have started, I've finally had a chance to get out to O'Brian and look around. The last time 1 was out here was well before even Wade Newhouse knew when the Law School would be moving into its new quarters. Frankly, I feel sort of strange not being downtown amid the drunks and evening garbage cans on Eagle Street. This is not to say that I miss those sights, because I certainly don't. Anyway, I'm friendly Amherst police officer, downtown everyday, so this waiting to ticket the late student change is even nicer. who ventures a left turn from * � * Millersport thenatural entrance Most of the items in the Class to O'Brian Hall. No tes section are compiled We don't ask for much; we reading the local newspapers. don't want overnight landscaping, We'd like to hear from the rest of that our Alumni. Not only those who nor will we request airhammers not be operated inside live out-of-town, but those who the building during classes, or that have something to tell us and live classes no longer be temporarily in the Western New York area. shifted 200 yards away. But Just send a note to Alumni Line. without parking lot lines and * * lights, and without highway In case we don't get a chance lighting, accidents are inevitable. to say so, and we probably won't OPINION will continue to best of luck to all of our spotlight the shortcomings Alumni who are running for humorous and serious of our various and sundry offices in the new home. (1 am reminded that November elections. We'll try to first year students and third year acknowledge your successes in the students express a strong desire mid-November issue. for faculty advisors: the one to * Buffalo City Court Judge M. stay in school, the other to get out.) Please address all comments DoloresDenman, '65 is this year's to Bortcha Motcha, c/o OPINION. Alumni Association president. In the next edition of the Opinion, Student Dies in Study Carrel Tragedy struck last week in the beginning to complain. Several newly completed John Lord doors in the library are in fact O'Brian Hall. A first year law poorly constructed; students are student, identified only as B. advised to bring a screwdriver Motcha, was found dead in a withihem just in case. study carrel in the new library of Poor planning can be seen also Buffalo Law School. The cause of death, according to County sources, was starvation; the time of demise was estimated as somewhere between Torts and Criminal Law. A reconstruction of the tragic episode indicates that Motcha entered the fatal cubicle sometime after three PM in order to brush up on the perfect brief, which is the ultimate goal of all first year students. When six o'clock arrived, the student attempted to leave the carrel, only to find that the improperly constructed door refused to budge. Not deterred, Motcha shouted for help. But the student was at that point the only student left in the library. After a sleepless night, Motcha, with renewed vigor, resumed shouting. Students subsequently described the piteous yelps which filled the library. But all concluded that Professor Wenger, the head librarian, was administering discipline to his employees, and Motcha's cries went unheeded. The second night, Motcha apparently realized the seriousness of the predicament: the gnawed books and briefcase in the carrel testify to incipient starvation. Law students are all starving anyway; and death soon overtook the hapless youth. There is little knownabout the decedent. No identifying cards or marks were on the corpse; the student's identity was ascertained from books with the inscription "B. Motcha" and the mysterious word "Bortcha." Authorities were stumped, but it was reported that Motcha had been attending classes. The year will continue, but for one student, vacation has arrived, too soon. in the elevators. That two elevators with a sardine capacity of about twelve Twiggys are deemed sufficient for a population of 700 students, 34 full-time faculty, plus staff and Economics Department members, is somewhat ludicrous. But to take those elevators and obstruct them with pillars, hide the controls and up/down lights, and instill them with a swift silence to elude the unwary, is sheer madness. No less insane are the fancy water fountains which grace an obscure corner of each floor. Made of expensive brass, the fountains are beginning to turn green (to match students' stomachs). Nor are we happy with a refreshing drink of hot water between classes. Those who wish colder water must run to another obscure corner to the persons' room: but each sex must find the proper floor for its relief: men on even and women on odd floors. enough of the But shortcomings of JLO'B's interior, though we could rail against the lack of student lounge space, the pitiful allocation of vending machines and other food facilities, and the amazing "velocity noise" in room 210 which drove at least one professor to hold his classes elsewhere (we heard he moved to the No Name). Let's move outside. There, an amazing sight fills our eyes. By day, a fearsome tangle of construction material, mud, and gravel; by night, a truly dangerous trap for even the most cautious. Here is the parking lot: lightless and lineless, it is difficult terrain 24 hours a day. (But really, folks, do you have to park three deep and sandwich in the � middle guy?) Over there can be * * The above story is not true; seen the path to the Governors' but if it were, it would not be the Residence Halls but don't wear most bizarre result of the many heels to class if you want to eat a small things about which law hot lunch. In the distance can be students and even faculty are spied the nondescript car of the - Bulletin Board FACULTY: you are requested to mimeo your assignments in advance and make them available for students, rather than having them posted on the postage stamp bulletin board provided. We thank you. * Lawyers * The Young Section of the New York State Bar is Association planning a series of practical skills programs that will be of special interest to law * students and recent law graduates. To be held in the spring and fall of 1974, the program will consist of eight seminars devoted to basic knowledge and skills in a number of common areas of practice. Subjects to be covered include real estate; judgments and collections; pretrial preparation and trial practice; wills and estates; business law; and matrimonial practice. — • — -— •• Find out about the Along the line of ClassNotes, Opinion is particularly iiferested in the job situation of Class of 1973. Last year's the Seniors where are you??? the — **• Frank C. Moore, '21, who was elected Kenmore Villege Clerk while he was in Law School and then rose to New York State Comptroller, 1942-46; Lt. Governor of New York, 1950-53; Chairman of the State University Board of Trustees, 1948-65, and Chairman of the State Board of Equalization and Assessment since 1948 has retired from State government service at the age of 77. * * * H. JarvisTurner, '50, a partner in the Buffalo firm of Church & Turner has been appointed an Administrative Law Judge with the Department of Health, Education, and Welfare. Judge Turner will work out of Southfield, Mich. * � * Frank R. Bayger, '51, a past president of the Law Alumni and Erie County Court Judgehas been appointed to the New York State Supreme Court. ** * "52, and M. Alvin Click, Robert Koren, '44, have been appointed to the Board of Trustees of the University at Buffalo Foundation, Inc. Richard E.* Clark, * * '73, is the new Warrant Clerk at Buffalo City Court. ... NEW MARINO BAR REVIEW COURSE New for 73-74 complete with the all New Multi- volume set of the LIBRARY OF NEW YORK LAW For more information contact: William Reich 691-6672 Marty Miller 636-2143 834-4003 Students signing up now for the July Bar will be permitted to attend all lectures for the March Bar. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-10-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/9/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4e40a3ff24d0273dd493b7705fd7ead2.pdf f592b9dbc23d990940a8b39880bf0cbf PDF Text Text Opinion OPINION John Lord O'Brian Hall SUNY/B, North Campus Buffalo, New York 14260 Volume 14, Number 1 IN THIS ISSUE: SBA President's Corner 2 2 3 Attica: Motion to Dismiss 4, 5 New Professors 4 Faculty Committees 6 Judivision Comes to Life 7 Spring and Summer Grades 7 Faculty OfficeList 8 Alumni Line 8 Bulletin Board Mix Pholo by Reis Attica Photos of Dalou and Champen, courtesy of The Attica Defense Committee Attica Photo courtesy qf The Spectrum All other Photos by Belling 2 September 20, 1973 NO SEATS Buffalo. We're really here. before students can see the books New students and faculty for the library. Nor will many cannot imagine the transplant take notes when surprised by the shock apparent on the faces of peacock colors of our new faculty, administration and classrooms. The views from returning students. Gone are the O'Brian Hall's several sides will be cramped spaces, faulty desk arms better known than Hadley v. and standing room conditions of Baxendale. In fact, faced with Eagle Street. New professors will such a plethora of pleasures, we never know the joy of having ones may all flunk out. secretary in the hall, 200 yards Is This the Best of from the nearest student, across the most vicious intersection in All Possible Schools? six states. First-year students are It must be admitted, however, blissfully spared the ignominy of that O'Brian Hall is not the segregation from upperclassmen ultimate expression of form and and the agony of 212 degree function. Before long, clay feet rooms with no ventilation. Few will become apparent here and tears will be shed for the old there; euphoria cannot last lounge (that travesty of a room) forever. Nor has the birth of this or the old library. new magnificence been without The contrast is nothing less labor pains: come on in (look out than stupefying. It will be weeks for the workers), take a seat on the floor, and ask any secretary about the air conditioning. Or, if you like, try'to find a book in the library for a while. The Opinion will happily keep a list of shortcomings, inadequacies, and horrendous oversights discovered by students throughout the year. Because the architect* contract states that no changes will be made in the building for one year, it is useless to tell the administration when you discover that there aFe no mouldings to hang pictures in faculty offices, or that the stairwells are extremely hazardous to children. Complaints about the lack of decent student lounge spac,e will doubtless mount • steadily (but remember that the plans regretably allocated no space for a staff lounge do you want to deal with a bunch of perpetually grouchy secretaries and librarians?). Chauvinists will resent sharing even one square fool with the Economics Department, and functionalists will decry the excess of wasted space. Still and all, we are so much better off here than we were back in the black holes of Prudential and Eagle, it will be only the ingrates and the Opinion who would dare cast stones here in paradise. Hintsat Getting About the North Campus During the first few weeks, while everyone is a newcomer, it will be helpful to have a few of the secrets gleaned by our special staff of trained gleaners over the course of the summer. Thereafter, you're on your own. Within the law school building itself, there are many nooks and crannies to be had for hiding, talking, or whatever. Enterprising explorers will doubtless soon discover therefreshment machines on the fourth floor, between the staff and student lounges. The first floor student lounge will also be available for the select group which can sit there. But for the other five hundred and fifty students, the problem of relaxing can become quite tiring. We suggest you first seek out one of window seals on every floor. These ralhcr weird forms are in fact pleasant places to spend a few moments just find a place amid the sleeping bodies. Nearby are some excellent out-of-the-way spots perfect for relaxation. Chasm's real New York deli, on North Forest Road just north of Maple, featurescool, quiet and excellent cuisine. Tell 'em we sent you, and they'll put a pickle on your plate. Big Mollies is both easily accessible, and noisy. But an epicurean editor of the law review swears it's the best soyburger in town. The Opinion is looking for a hardy soul with a steel belly to sample the various eateries out on Niagara Falls Blvd. until we find such a one (two have died already), we suggest the fine chicken at the SwissChalet. For those with slim budgets, there is the Governor's Residence Complex dining facilities, featuring well-balanced meals and that atmosphere we have ■ all learned to loathe over sixteen-plus of formal education. years Incidently, don't walk you risk breaking a leg in the construction no-man's-land. Instead, take the shuttle bus, whichalso runs to the Southand Ridge Lea campuses. Wherever you cat, remember to pack in the calories. With all the distractions from the work for which you came here, you will need those fats and sugars, for the all-nighters you will be pulling in December. Until then, have fun. the — - To Justify O'Brian Hall Dr. Richard D. Schwartz, Provost and Dean of the Law School, welcomes students to new building and new campus. Legislative Project PAID Buffalo, New York Permit No 708 State University of New York at Buffalo Law School Law School Rolls Out Carpet for New Students Once again, tanned and weary law students are returning to the battlegrounds from which they sallied so long ago, pale and weary. Thereturning hordes, fresh from an unexpected ten-day hiatus between summer chores and the burden of books and briefs, are once more lining up at the bookstore, queueing before the ID photographer, and crowding around the drink machines. But there is a refreshing whiff of excitement amid the dust of weighty tomes and odor of provostial, professorial and presidential speeches. No one can escape astonishment upon entering John Lord O'Brian Hall, the first academic building at the North Campus of the State University of New York at Non-Profit Organization U.S. Postage Nobody would have believed it even a few months ago, but here we are! This ... building, product of the energy and intelligence of Professor Wade ). Newhouse (plus a vast array of supporting actors| is out of sight. It provides us with a physical setting, the importance of which is already apparent in the exhilaration that all of us feel. We have to find ways of using our good fortune to justify the superb work that has put us where we are. But at least equally important as an incentive for our work in the coming year is that the legal system clearly needs a fine bunch of lawyers and we should have a major part to play in supplying people who have the training, the intelligence and the heart necessary for the purpose. Each of us has to ask himself what he can do to make himself the ablest kind of contributor to the legal profession and through that to the society, and having asked ourselves, we then have to exchange views if we are to derive the kind of multiplier effects that the enterprise requires. On this basis, I bid you all welcome and a successful year. happy and Richard D. Schwartz Provost and Dean William Greiner Associate Provost Dr. Marjorie Mix AssistantDean of Students �OPINION 2 Editorial No More Frosh A minor point, but worthy of change: it's time law students left the demeaningrealm of "freshmen, juniors, and seniors", and became mere first, second and third year students. The needless disparaging connotations of such terms cannot help students in their studies or in their relationships with one another or with the administration, which perpetuates these labels, probably through force of habit rather than insidious design. Nevertheless, it is demeaning to be called a freshman and thus dismissed;and it is past time to recognize that first year students are capable of useful contributions to the law school community. ' Killing Us Loudly It is, at best, questionable whether anyone but the third-year student cares that while spring semester exams end on June 5, the PLI bar review course traditionally begins on June 1. The Administration apparently feels that law students spend their last year taking only paper courses, and therefore won't be using the 10 days allotted for exams (May 22 June 5) for anything but R and R, before they begin the grueling task of preparing for theNew York State Bar Exam, which usually comes about July 25. Last year, exams began on May 8, giving those third-year students who had no exams (how many?) about 75 days until the Bar. This year's graduating class is scheduled to have about 62 days, if they have no exams, at least 55 of which are spent enduring the ghastly ordeal required of Bar examinees in this state. Of course, if they do have exams, that time is cut, perhaps substantially, depending upon which day theirlast exam falls on. We applaud the attempt being made by Marty Miller and Registrar Charles Wallin to have the Bar Exam postponed for two weeks. That would be a real break for graduates taking the New York Bar. Of course, it's of no use - other graduates of this national law school who intend to. takebar exams from other states. After three years of law school, students need some time to get their heads together before they face what they hope will be the last major examination of their lives. The Administration should make every effort to see that these graduating students have psychological preparation as well as academic preparation. Overwork and exhaustion are never conducive to high performance on high pressure exams. -XL to Will Nickel Copies Go the Way of Nickel Coffee? Keep youreye on the negotiations between the Faculty Student Association and the law school's Marty Miller, SBA president, and Marjorie Mix, Assistant Dean of Students. Miller and Mix are pressing for a variance from FSA to allow us to keep our nickel copying machine if we don't get it, FSA will hit us up for a dime a copy. — Volume 14, Number 1 September 20,1973 rwi,- Opmioil Editor-in-Chief AssistantEditor Managing Editor Business Manager Photography Editor Articles & Feature Editor Sports Editor Kay Latona John Levi Vacant Vacant Chris Belling Kay Wigtil Skip Hunter Staff to berecruited The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo School ofLaw, John Lord O'Brian Hall, SUNY/B, North Campus, Buffalo, New York 14260. The views expressed in this paper are not necessarily those of the Editorial Board or staff of Opinion. Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. September 20,1973 President's Corner Well, here we go again. Guess it's anti-climactic to make the observation that we are in the new John Lord O'Brian Hall. Suffering the risk of being nostalgic, I think each of us who experienced the dynamic duo (Eagle Street/Prudential) will find some of the familiar comforts missing. Gone 100 are the innumerable discomforts. We should recognize by Marty Miller that the University of Buffalo School of Law is undergoing a considerable change, a change that is of facilities. LSD executive committee this spring. than mere transfer action of the a marked by more Both the student body and the faculty have been The ABA would prefer that we ostracize the enlarged. I expect that all these changes should delegates from the non-accredited schools with the combine to give us a great case of growing pains. No hope that our action will spur them to seek doubt there are going to be problems; it isn't accreditation. The LSD voted to refer this issue to possible to anticipate or avoid each one. Please try to committee who will present its report to the body at bear with us; we are trying our best, that much I the 1974 convention. promise. The 1974 LSD convention will be held in early If you encounter difficulties, please contact us; August in Honolulu, Hawaii, and we will, as we do maybe we can be of assistance. Our school is sort of every year, send a representative, our first an unusual institution. By and large it is directed by vice-president. While it may seem early to start to faculty-student committees. So, if you communicate think about next August, 1 think we should begin to your ideas, problems, solutions to someone either in lay the foundation. I say this by way of advising the student government or on one of the various first year students that will soon be conducting committees, there is a high probability that your elections for class representatives to student thoughts will be aired. If you want to get involved, government. There are six positions available and I we welcome your participation. We are going to hope that one of thosesix will choose to run for first attempt to operate all of student government on the vice-president when SBA conducts its general committee system this year. Those committees will elections in the spring. Additionally, nominating be open to all members of the student body. A list petitions will soon be available for three positions on of all SBA committeesand all available positions on the Faculty-Student Relations Board. These faculty-student committees will be posted on the positions are elective and are open to every member SBA bulletin board. of the student body. (For a description of this or This summer, I attended the American Bar any committee, consult your new student Association Law Student Division Convention in handbook.) Washington. It was a worthwhile experience for me Information packets will soon be available for as an individual, and left me convinced that we SBA funding of student activities. Please be advised should seek to 'participate actively in ABA-LSD that by our Constitution, we are permitted to fund activities. The policy decision enunciated by the only recognized organizations, so if your group has LSD greatly influences the ABA, who in turn, affects not yet filed its constitution, it must be filed before the course of the profession, and of course, legal we can pass on your budget requests. A jist of education. This year, one of the major' issues organizations with constitutions on file will be confronting the LSD was the seating of delegates posted. from non-accredited law schools. Formerly, those If you would like to speak to me, I will be delegates -were; seated and accorded full voting around the law school. Stop by the office 504, privileges. However, that right was abrogated by an 504a. (Bring your own coffee.) - — Student Legislative Project and faculty alike, and after and managing director, the Law attending a conference of the Yale School will giv6 neither credit nor Legislative Servicesresearch group funds towards the project, nor in 1973, the student group was will it bear responsibility for the formed. opinions expressed in student work: the authors will be solely The goals of the Project are responsible. two: to provide research The originators of the Project assistance to legislators and hope for student participation in legislative committees; and to spite of the lack of traditional afford law students an rewards. Although the only opportunity to gain valuable incentive for participation is the research, writing and drafting opportunity to engage in an experience while contributing to educationally rewarding endeavor, the quality of state, county and it may be that such an municipal legislation. Research opportunity, is just the. thing that The Buffalo Legislation Project team leaders will recruit interested many students lack in their legal is an outgrowth of the Law students to participate in specific education. In any case, if the School's search during 1972 for projects, assemble the needed Project succeeds in mating student viable clinical programs in a data, and draft the legislation. intelligence to the existing need variety of fields. While drafting Associate directors will supervise for legislative research, the result legislation was not chosen as a the research teams, while should be beneficial for everyone, possible basis for a clinic, it administrative tasks will be including the Law School of the sparked the interest of students handled by the student director University of Buffalo. Five BuffaloLaw studentshave initiated a new student-run project at the law school, devoted to assisting legislators in the formulation and drafting of bills, statutes, and other legislation. Tom Bailey, Larry Candee, Jim Clute, Skip Conover, and ] im DeVoy hope to aid both legislators and law students by setting up research teams to tackle specific legislative projects in re sp onse to requests from legislative committees and individual legislators. Voight to Star at Studio Arena The Studio Arena season opens on October 4 with OTHER VOICES, OTHER ROOMS, by Truman Capote, to be directed by Buffalo native Melvin Bernhardt. A STREETCAR NAMED DESIRE, Tennessee Williams' masterpiece of the modern theatre, will be the November production with Jon Voight re-creating his recent Los Angeles performance as Stanley Kowalski. FUNNY FACE, the Gershwin musical that gave birth to such songs as •SWONDERFUL and THE MAN I LOVE, will be the December followed by the current Broadway piay THAT CHAMPIONSHIP SEASON in lanuary. FLINT, a comedy by David Mercer, will be presented in February, with Moliere's classic farce THE MISER in March. Starring in the title role will be Donald Moffat, whose performance in CHILD'S PLAY was a highlight of last season. The, April slotis being kept open in order to take advantage of last minute New York releases or a new play, and the season will close with the musical revue OH COWARD, based on the songs of the late Sir Noel. Studio Arena Theatre is partially funded by a grant from the New York State Council on the Arts. Series tickets are now on sale at the theatre, 681 Main Street, 856-5650, and at Norton Union Ticket Office, Buffalo State Ticket Office, and Buffalo Festival. �September 20,1973 OPINION 3 Attica Defense Moves to Dismiss on a single count is tantamount to conviction by Kay Wigtil NOTE: In September, 1971, the prisoners' rebellion at Attica brought the world's attention to the deplorable conditions in the prison. Both inmates and hostages were killed at the hands of the state when the prison was retaken. In all, 43 persons were killed. Fifteen months after the rebellion, in December of 1972, a Special Wyoming County Grand Juryhanded down 37 indictments against 57 inmates for activities alleged to have taken place during therebellion. Recently\ the .Grand, Jury handed down f(vq additional indictments, and continues to sit. During the summer I was one of six UB law students who received grants from Law Students'. Civil Rights Research Council to spend the summer working for the defense of indjetect Attica Brothers. Here I would ,1ike to.sh.are sonic, of what, 1 have learned and observed as a result of thiswork. The conclusion I have drawn about Attica is that the only way justice will be achieved is forall of the charges against theBrothers to be dropped, and the 28 demands they made during the rebellion to be implemented. The reasons for doing this reveal the content in which {he defense has" been forced to operate as a result of the State's abuse of the legal system. These reasons sum up the conditions under which the Brothers must go to trial if the indictments are not dismissed conditions which have already made fair trials an - impossibility. Most of the major reasons for dismissing the indictments were incorporated into the motion to dismiss, which was argued on September 5 and 6 by legal coordinator Donald jelinek, and by Ramsey Clark and William Kunstler, who each represent one of the Brothers. In argument they requested an evidentiary hearing in which the charges of misconduct by the State can be proven. Judge Gaughan, who heard the argument, reserved decision. Thereasons for dropping the charges are as follows: I. NATURE OF THE CHARGES The manner in which the indictments were formulated and handed down, will be prejudicial to the. Brothers. All 37 indictments were handed down at fifteen months after the once rebellion, generating publicity around the large number of crimes supposed to have been committed. The 37 indictments involved 57 defendants, over 1,200 counts, and many thousands of years in prison if the State is able to convict. Recently, five new indictments were handed down, adding two new defendants to the list. The indictments contain repetitive counts, charges for lesser included elements of the same act, and charges for violations usually disposed of at the administrative level in the - prison . (e.g., promoting prison contraband, possession, of a weapon). The motion to dismiss clearly explains how the repetitive counts will prejudice the jury: "Jurors tend to reason that a man charged with a large number of counts guilty of must be something. They conclude that the defendant has won in the event he is acquitted on seven of eight counts, overlooking the fact that all eight are repetitive, and conviction connected with and dependent on the prison, and which suffered on all counts." through the intense emotional The repetitive counts and charges experience of the rebellion and also serve to harass defendants assault, could hardly be expected and to increase the workload of to conduct a "fair and impartial the defense, making an already investigation" of the events at difficult and one-sided situation Attica. worse. Another argument made in the SELECTIVE motion to dismiss is that any 2. ENFORCEMENT further prosecution of the The strongest legal argument in Brothers violates the prohibition favor of dismissal is that of against double jeopardy, since the selective enforcement of the laws. Brothers were "tried" and So far, only prisoners have been punished in the prison, by guards, indicted, despite the McKay for their alleged role in the Commission's findings that the rebellion. This punishment took state troopers, guardsmen, and many forms, some of which were prison guards who assaulted the punitive segregation (solitary prisonersused illegal ammunition, confinement), forcingprisoners to] fired indiscriminately, etc. The run through a gauntlet of guards kinds of crimes the Brothers are with clubs, numerous and severe charged with (murder, assault, beatings, and the withholding of coercion, attempted murder, medical treatment for those kidnapping, etc.) all could be injured during the assault. brought against the State. This 3. DISMISSAL IN THE summer, Dean McKay criticized INTERESTS OF JUSTICE! the Grand Jury investigating The abuse of power and the Attica for its failure to perform its illegal actions of the Stale also duty in this regard. require that the charges be This failure is easily explained dismissed in the interests of by noting the composition of the justice. These abuses are not grand jury. Fifteen of its 23 simply "charges against the members knew or were related to State", as the media like to call persons who worked in law them. They are daily facts of life enforcement. Five knew or were under which the Brothers and related to persons who were defense workers must work and .injured, .or killed during the attempt to prepare a defense. rebellion. Women, minorities, I m mediately after the young people, and those with rebellion, the prison was sealed off to all but state officials, so that defense attorneys were unable to see their clients or the evidence in D yard. During this period the State took possession of all physical evidence and has retained control of it. As a result, the defense does not know what kind of evidenceexists, how it has changed and altered, or where in Attica it was found. The situation with witnesses who appeared before the grand ~^^^ymmm^^ jury and will presumably be used -/icruples about the death penalty for trial is equally corrupt. Many were all systematically excluded. of these witnesses for the State The prosecution was allowed by were coerced into testifying by Judge Ball to voir dire, but threats of indictments against defense attorneys were not them, the withholding of badly afforded an equal opportunity to needed medical attention, and question the prospective jurors. In beatings and threats on their lives. effect, the prosecutors picked The substance of their testimony their own jury. Certainly, such a was carefully prepared, and many body, composed of citizens of a were programmed as to what to cou n ty whose economy is say by being drugged and shown dependent upon the prison, which films. Much testimony was bought consists largely of people with grants of parole and/or ' , BassLevin, Judith A. Levitt, Hugh I. Manke, John MendenhaH, Mark Moreau, Robert L. Nisely, Peggy Rabkin, Michael Sherwood, and (ay Wishingrad. The Review has also announced a number of projects for forthcoming issues. Among ttiem':. a symposium on the legal problems associated with treatment of the mentally ill, featuring articles from a variety of related disciplines; and an assessment of the state of legal education, which is seen by some as being in a state of crisis. In addition, the Review plans a special issue devoted to John Lord O'Brian, Buffalo Law School's most illustrious graduate, to coincide with the dedication of John Lord O'Brian Hall in the Spring of 1974. With an increasing number of professional articles submitted to it each year and : Any students interested in working with the Attica Defense Leagueplease call 884-4423. Clerking for NewYork State Law Review Chooses New Candidates During the summer, the Buffalo Law Review selected its candidates for the current year. The 24 juniors who have been chosen will prepare both their own material and professional articles for volume 23, and their work will determine .their eligibility for election to ,the editorial board, as editors or senio; members.' The candidates are: Aian M. Aharf, Barbara D. Barth, Kenneth Bersani, Barbara J. Davies, Robert Doren, Dale Ehman, Robert L. Fellows, Shelly Friedman, Diane Bennett Graebner, Matt Greenblatt, Arthur A. Herdzik, Ronald A. Huebsch, Linda Connor Kane.C. Leon Kirn, Elizabeth Lang, Susan Champen immunity. For example, indicted Brother Charley Joe Per-nasilice, on the day of his arraignment, pointed out a BCI agent in court who had threatened him with indictment if he would not' cooperate. He did not cooperate, and was subsequently indicted. Prospective defense witnesses are afraid to come forward in court for fear of beatings and retaliatory indictments, since the grand jury is still sitting. 4. PUBLIC OPINION Pre-trial publicity is an obvious issue in this case. The massive publicity and emotional scenes at Attica reached all sections of the nation. |urors from Erie County, where the trials will be held, who have no preconceived opinions will be rare if they exist at all. Erie County is close to Attica and was more affected by the rebellion than other counties. County sheriffs were at the scene. Finding impartial jurors for at least 40 trials (42 indictments) will be impossible. Jurors have also been affected by publicity centered on court-room proceedings this summer. TV cameras showed the strict security measures taken by Judge Ball. Viewers saw a wire cage, searches of attorneys and spectators, etc. The impression given the public that defense lawyers, their assistants, and the spectators cannot be trusted will inevitably have its effect on that lawyer's credibility to a jury. the accompanying difficulty in selecting material for each issue, the Reviewis fast becoming a very exciting place to be for its members, who are confident that the quality of both professional and student work is increasing. Interested freshmen and others are invited to stop in at the Review's sixth floor offices to learn more about the functions and foci of this most visible exponent of the student body. by Buffy Burke Summer '73 turned out to be beneficial, enjoyable and monetarily rewarding for three UB law students. Buffy Burke, Don Braun, and Ken Graber were appointed by Louis J. Lefkowitz, Attorney General of the State of New York, to eight-week internships in the Attorney General'sBuffalo office. Unlike private firms, who often use their law clerks for messenger work, Michael Wolfgang, the Assistant Attorney General in charge in Buffalo, saw to it that the interns experienced a variety of legal work. Their internships included memorandum and appellate brief writing in social servicelaw, federal habeas corpus, constitutional law article 78 proceedings, and consumer frauds. At the conclusion of their eight weeks, the three UB law students were commended by the Attorney General and received certificates from New York State's Department of Law attesting to their public service. Those students interested in clerking for New York State next summer are advised to apply early in January to State of New York, Department ofLaw, Albany, New York 12224. �September 20,1973 OPINION 4 Four Professors JoinFull TimFeaculty in 1973-4 into the position of "rewrite man" for the entire program. Mr. Schlegel refers to himself as "a 'paper lawyer1 by trade." When he left Legal Services, he was officially Supervisor of the Housing Team. His area of academic interest is wide: "that corner where law and intellectual history meet- and to the extent that that encompasses philosophy, then philosophy, too." He is interested in teaching almost anything which lends itself to being stimulating from an intellectual viewpoint he sees the excitement of dealing with the course material and the excitement of leaching as equally important. Mr. Schlegel's course for this fall will be Civil Procedure A. He expects to teach Sales in - the spring. Publications include: (1) "Of Nuts, and Ships, and Sealing Wax, Suez, and Frustrating Things The Doctrine of Impossibility of Performance," 23 Rutgers L Rev. 419 (1969); and (2) "The Conscientious- Objector and the First Amendment: There But for the Grace of God ... ", 34 U. Chi. L Rev. 79 (1966). JACKSCHLEGEL Schlegel received hib undergraduate degree from Northwestern University in English in 1964. Three years later, he graduated from the University of Chicago Law School, where he was a lack member of Law Review, and had been elected to the Order of the Coif. As a teaching fellow at Stanford during 1967-68, he handled the legal research writing course, which was attached to the first-year contracts course. For the next five years, he worked for the Legal Services Program in Chicago. He began as a trial attorney, but soon moved L. THORNE McCARTY L. Thome McCarty was born in Kentucky in 1944. He received a B.A. in mathematics and'philosophy from Yale (1966), and a ).D. from Harvard (1969); arid he has pursued graduate studies in mathematics and computer science at M.I.T. (1969-70) and Stanford (1971-72). He was Articles Editor of the Harvard Civil Rights Civil Liberties Law Review in 1968-69, and was admitted to the Massachusetts bar in 1970. From 1967 to 1970 he worked as a mathematician and -- FOR INFORMATION'S SAKE The first-year class has 318 members, 246 of whom arc male and 72 of whom are female. The 37 minority students are 26 men and 11 women. Last year's first-year class was composed of 188 students, of whom 141 were men, 47 were women, and 24 were minority students. The percentage of women students has dropped from 25% to 22.6%. The percentage of minority students hasremained 12.7%. Opinion Solicits Contributions The Opinion Slaff is happy lo welcome all of you to John Lord O'Brian Hall, and wishes you a happy and joyous year of study and struggle. We will try to serve you by keeping you informed of the various events and activities that go on during the year. In order to better perform this duty, we ask for your contributions in producing the paper. There are staff openings for editorial and reporter positions. Reporters are especially needed. Even if your time is limited, we appreciate your written reactions to anything you see in this paper, or anything happening within the school or community which would intcrcsl the student.body. For those who may wish to contribute their talents in photography, we have our own darkroom on the 2d floor. If the students wish to be serviced by a quality student publication, they must contribute to making the paper a quality publication. If you are interested in contributing, please visit our offices in rooms 623-24 or call 636-2107. We look forward to —KW seeing you. computer scientist for a Boston consulting firm; from 1971 to 1973 he was a Law and Computer Fellow at Stanford Law School; and in 1972-73 he was a Lecturer in Law at Stanford. He is currently an Assistant Professor, Faculty of Law and Jurisprudencehere. At Stanford, Mr. McCarty assisted in teaching a graduate course on "Computer Models of Social Behavior," offered jointly by several social science departments, Spring Quarter, 1972. And in the Spring Semester, 1973, he developed and taught a seminar at the Stanford Law School entitled, "Decision Technology and Law," a study of the methodology of the decision (optimization, model-building, science simulation, etc.), its applications to public policy analysis, and its relevance for law and lawyers. In the Fall Semester of this year, he is teaching a section of Contracts here; and he anticipates revising the Decision Technology seminar for a second offering this Spring. Articles and papers include the following: (1) "Quantitative Methods in Legal Problem Areas: An Experimental Seminar," presented at the Stanford-AFIPS Conference on Computers, Society and Law: The Role of Legal Education, Stanford Law School, June 25-27, 1973; (2) "Computer Modelsj«is Advocates," a review of Meadows, et, a/., The Limits to Growth, in 8 Stanford Journal of Internationa/ Studies 154 (Spring, 1973); (3) Decision Technology and Law, materials for Law 274, Spring Semester, 1972-73 {mimeo, Stanford Law School); (4) "Interim Report on the TAXMAN Project: An Experiment in Artificial Intelligence and Legal Reasoning," presented at the Workshop in Computer McCarty Applications to Legal Research and Analysis, Stanford Law School, April 28-29, 1972; {5) "Automatic Classification Techniques for Earth Resources Satellite Data," presented at the Seminar on Earth Resources Satellite Technology, U.S. Geological Survey, Washington, D.C., June 29, 1970; (6) "Simulated Economic Models in Antitrust Proceedings: A Speculative Proposal for Clayton Act, Section 7, "Third-Year Paper, Harvard Law School, June, 1969. Faculty Committee List . Budget and Program Review ■* R. Schwartz, Chairperson *DclCotto * Fleming * Rosenberg Kaplan Minority Student Affairs § Holley, Chairperson § Harrlng S Mann § Wenger Mitchell Lectures § Galanter + Wenger Appointments Academic Policy and Program + R. Schwartz, Chairperson * Atleson Girth * H. * Schwartz + R. Schwartz (Chairperson to be elected by the faculty| ij Fleming, Chairperson JJ Davidson '. bch logo I ** Atleson Buergenthal * Horn burger § Laufer § McCarty § Rcis § Swart/ Faculty Senate Faculty-Student Relations Board § Buyer § Homburgcr § Kochery by FSRB| ' S Faculty Grievance Admissions (Chairperson International Legal Studies .§ Buergenthal, Chairperson § Franklin, Consultant to be elected Building § Newhouse, Chairperson * Davidson Girth * Hyman * Long-Range Planning § Hyman, Chairperson § Atleson § Galanier § Goldstein § Gordon § Nowhouse § Rosenberg Placement § Rickert Research and Special Programs § Galantor, Director § Kaplan, Coordinator Moot Court Collegiate Assembly § Greiner Legend: *§ elected assigned + ex officio S tudent representatives, to these committees will be announced in a futureissue of the Opinion. �September 20,1973 OPINION she was Third Year Note Editor of the Law Review. At Wisconsin, she was elected to the Order of the Coif, and received the Portia Prize for Outstanding Woman Student, the Benchers Scholarship, and American Jurisprudence Prizes in Criminal Law, Criminal Justice Administration and Legislation. During law school, Ms. Harring worked for the Attorney General of Wisconsin as a law trainee, then clerked half-time for a Madison attorney. She clerked the summer of 1970 for Cleary, Gottlieb, Steen and Hamilton of New York City. Ms. Harring spent the 1970-71 academic year as a legal writing instructor at the University of Wisconsin Law School. Last year, she was a Bigelow Teaching Fellow and Instructor at the University of Chicago Law School, where she taught legal reasoning, research and writing. As an Assistant Professor here, Ms. Harring will handle a section of the first year torts class in the fall semester. Her major areas of interest are constitutional law, legislation, torts, and legal history. JANETS. HARRING Janet Harring received her B.A. from Macalester College, in St. Paul, Minnesota, where ishe1 was graduated summ'a ctfrti iaude, with honors in political science, after three years' attendance. She was a National Merit Scholar, and while at Macalester was a member of the Debate Society and of Phi Beta Kappa. In 1971, she graduated magna cum laude from the University of Wisconsin Law School, where Publications include the following: (1) "The logic of Conspiracy" in Legal Concepts in Conspiracy (Arno 'Press, 1972), reprint of Note, "The Logic of Conspiracy: U.S. v. Spock, 416 F. 2d 165 (1969)," 1970 Wis. L Rev. 191; (2) Comment, "Liability without Fault the Logic and Potential of a Developing Concept," 1970 Wis. L Rev. 1201; and (3) Comment, "State Immunity from Suit withoutConsent: Scope and Implications," 1971 Wis. L Rev. 879 (with Sidney L. - Harring). 5 BARRY B. BOYER Barry Boyer received his A.B. from Duke University magna cum laude in 1966. At Duke, he was a member of Phi Beta Kappa and Phi Eta Sigma; and president and secretary of Kappa Sigma Fraternity. He received the Kappa Sigma Junior and Senior Scholarship-Leadership Awards,and participated in YMCA aciivities and intramural sports. Mr. Boyer was graduated from the University of Michigan Law School magna cum laude in 1969. He was Article and Book Review Editor at the Michigan Law Review, a member of Case Club, (MootCourt) Freshman Book Award and Visiting Judge during Junior and Senior years, and research assistant to Professor Arthur R. Miller during the summer of 1967. He was elected to the Order of the Coif. After graduation from Michigan, Mr. Boyer clerked for Judge Edward A. Tamm, United States Court of Appeals for the District of Columbia Circuit for a year, then became attorney advisor to Commissioner Mary Gardiner Jones at the Federal Trade Commission for a year. During the following year he was staff attorney for the Administrative Conference of the United States, Roger C. Cramton, Chairman. From September 1972 to March 1973, he was attorney advisor, Office of Legal Counsel, United Slates Department of Justice, following which he acted as consultant to the American Bar Foundation. Mr. Boyer's major areas of academic interest are administrative law and procedure, consumer protection, environmental law and trade regulation. Publications include: (I) "Legal Education Today: An Agenda for Research" with Roger Cramton (forthcoming in the Cornell Law Review); (2) "Improving the Quality of Justice in the Marketplace: The Need for Better Consumer Remedies," with Mary Gardiner Jones, 40 Geo. Wash. L Rev. 357 (1972); (3) "Alternatives to Administrative Trial-Type Hearings for Resolving Complex Scientific, Economic, and Social Issues," 71 Mich. L. Rev, 111 (1972); (4) "Citizen Suits in the Environmental Field: Peril or Promise?" with Roger C. Cramton, 2 Ecology L.Q. 407 (1972); and (5) Comment, "Copyright Pre-Emption and Character Values," 66 Mich. L. Rev. 1018 Library Opens amid Blood, Sweat andFears The library opens thisweek in spite of more than the ordinary tribulations which accompany moving to a new building. Hampered by moving problems and late installations along with other departments, the library has had to deal with a June fire in the furniture factory which was contracted to supply architect-designed a fire which study carrels and tables destroyed, over 50% of the library's seating - capacity. In order to open on time without ihosc seats, library staff have moved tables from the old Eagle Street reading room to the new campus, and hooked up temporary lighting. The new carrels and tables, which should now arrive continuously from November to January, will feature unit built-in lighting. In addition, all slacks are individually lit, though some of these lights are not yet installed. A new series of library policies has been announced by Professor Larry Wenger, head librarian, to facilitatestudent use of the new library. There will be no assigned carrels for this school year, but students are encouraged to comment on carrel use, so that a proper policy can be arrived at. Also, a fines policy is being implemented to better enforce book return dates. Most spectacular of the new library's assets is a book sensilization and detection system which will severely hamper the scores of petty thieves and master criminals who yearly decimate the library's effectiveness for their fellow-students. Each book in the collection has been sensitized individually and sensors are installed at the second-floor exit. Anyone who attempts to remove a book from the library without charging it out will cause an alarm to ring. Since all other exits to the library are emergency only, and will sound an alarm if opened, it is expected that for the first time students will be able to find thebooks they want. The library thus hopes to offer a full range of services to all of its patrons. The reading room and balcony on the third floor are already completed, and it is hoped that the entire structure will be finished within the semester. Toilets are situated within the library on the west side of the third through seventh floors, so that students need not leave the library at all, if they desire. A full inventory of the library's holdings has been initiated, the first since 1970; and a full-time shelf checker is being hired to insure that each book is shelved where it belongs. Students should no longer be plagued with the chronic inability to find anything, in the new law library. Library hours are: Monday to Friday 7:30 AM to 10 PM; Saturday 9 AM to 5 PM; Sunday 2 PM to 10 PM. The library will open on September 24th. - - �September 20,1973 OPINION 6 Judivision.. .Judivision.. Judivision by Earl Carrel Remember the days of Perry Mason, Sam Benedict, Clinton Judd and all the other TV lawyer folk-heros? The scene is stil! there, only the viewers have changed. Now instead'of John Q. Public sitting ii his living room sucking on a beer and watching the tube, John Q. juror is sitting in the jury box watching a videotape monitor. This is no futuristic dream, but reality. The first videotape trial was held November 18, 1971 in the Court of Common Pleas in Sandusky, Ohio. It was a simple motor vehicle negligence matter, but the case of McCall v, Clemens did prove that television technology could work in the forum of law. Even though Erie County, Ohio, was the site of the first trial using videotape, portions ofadministrative hearings and portions of trials have been videotaped in the past. Also, Erie County (Buffalo), New York, has been much involved in the area of videotape trial experimentation and research since early 1970. Buffalo attorney Mortimer A. Sullivan, Jr.-, had a client in the television industry who, one day, spent the day with Sullivan because of a matter in litigation. According to Sullivan, the client became upsei at the sight of dozens of lawyers standing around the courthouse waiting to be called for Special Term Calendar, and other matters. The idea of using television technology emerged and on March 7, 1970, JudiVision Corporation was formed. Ohio is the number one state in the area of electronic technology in the field of law, as can be seen by McCall and by the widespread use of OBAR, the Ohio computerized legal research method. In New York, no formal proposal for courtroom television has yet been made to the New York State judicial Conference. A proposal has been presented to the Erie County Bar Association and Professor Thomas Rickert is on the Bar's committee to study the proposal. Prof. Rickert feels that there is more that can be done with videotape than by using it solely in court. He says that there is a wide open market for the use of television in legal education including continuing legal education, lectures, and undergraduate preparation for law school. According to Prof. Rickert, general teaching technique could be helped by the use of videotape and students in courses such as Trial Technique could benefit from instant replays of their presentations. It also should be mentioned that Hastings College of Law in California put together videotapes of proceedings for a course in Advocacy during the summer of 1972. Both Sullivan and Rickert feel the present state of the technology in the courtroom is at the level of trying to find out what can be done i,\ Kik-ido "-'■-■i- successfully. Many suggestions and proposals have, for one reason or another, been impractical. So far, most proponents are talking only about a concept, not the hardware necessary to implement the ideas. Pressed about the lack of response from the New York Bar, Sullivan says he is not worried because, "It is impolite if not unethical to go over the head of the local bar." Sullivan does complain, though, that most newspaper stories about the concept of videotape trials have been It is far easier to make a television commercial. It appeared that only than to the novelty of the situation was technician out of a lawyer lawyer out of a television keeping the jurors interested. This make a If the attorney has no type of jury duty is not the everyday technician. experience in front of the television. idea about the impact of television easily ruin One aspect of the problem of or of how it works, he can prejudicing the jury is ameliorated his whole case. Additionally, the by video tape. In an actual lawyer has to consider the problems courtroom situation it is difficult for of legal ethics and prejudicing the a juror to disregard testimony which jury. A person without legal training the judge has ordered the jury to would have difficulty appreciating problems or their disregard. It is, in fact, unknown these whether the stricken testimony is consequences. then made a determining factor in Some of the problems of judicial ethics arise under Canon 35 of the Canons of Judicial Ethics. This Canon prohibits the taking of of any judicial proceeding. It can of course be modified by the discretion of the judge and there is some case law on the subject of television and trials, particularly the case ofBillie Sol Estes (Estes v. Texas, 381 US 532, (1965)) and the trial of Sirhan Sirhan. In both cases television cameras were permitted in 'the courtroom, but in1 fisfes. the coverage was held to be prejudicial while not so in Sirhan. The difference lay in the fact that the court in Sirhan could not permit all the media into the courtroom and since the judge felt.aJJ news-gathering agencies should be able to view the circuit proceedings, closed the mind of a juror. With videotape, transmission with stringent security the judge previews the testimony, checks was , (u5e4.,.-. £s*as. ;',was; rules on objections, sees1 the final basically, a televised trial, i product and the jury may never even To this end, Sullivan says, "We do see any of the particular witness1 not promote or believe that TV testimony. The jury then, sees only cameras should be in the courtroom. material which is relevant to the They should be used, in that situation, only for security. That is trial. Within this context come the to monitor spectators. TV the problems of editing tape, and the technicians will serve the system best matter of tape security arises. Due to by facilitating those procedures modern technology it is impossible which are used in litigation, but not to make an edit on videotape which the litigation itself. could not be detected by an "There is no value to videotape oscilloscope. There is a different during the trial, because by the technique used from that used in witness himself being there you have editing audio (sound only) tape or accomplished what you wanted. If movie film. On videotape, the images you shove a camera into the witness' are all scrambled on a slant. You face, he plays to the audience." cannot make a physical cut as you The whole purpose of JudiVision can with the other forms of recorded Corporation revolves around the use media. of closed circuit television and A New Mexico case demonstrates videotape to help judges and lawyers how the problems of editing and solve problems that affect the law security are solved. In this case, the and society. This can best be done testimony of a doctor was taken in by using modern technology to Buffalo and simultaneously recorded record arguments, testimony and on one-inch and one-half inch tape. evidence before trial. The half-inch tape was sealed for It must be stressed that television delivery to the judge in New Mexico in the legal profession is only a tool and the one-inch master remained in and not a panacea. It can be misused Buffalo for editing. The judge viewed and cause more damage than it is the tape and wrote down his rulings worth. "We have tried to determine on objections. The objections had how this tool can be acceptably and been recorded in full with the profitably used," says Sullivan, "and answers on the master. The judge's this is how we got onto the idea of a rulings were then mailed to Buffalo centralized facility." where the tape was edited by Among the uses of videotape are selective dubbing. If an objection discovery proceedings, examination was sustained, the question, before trial, impeachment, and objection and answer were wiped matters having to do with out. If the objection was overruled, unavailable witnesses. just would the objection be For more on the McCall case see eliminated from the copy. This copy TV Guide, March 25, 1972, and was then sealed and sent to New Defense Law journal 267 (1972). Mexico where the judge now had the For more on the use of videotape in one-half inch original and a one inch demonstrative evidence, see 21 edited copy. Defense Law journal 253 (1972). pictures erroneous because the writers and reporters know little about the law and less about television. "Anybody can work the hardware," says Sullivan, "but not everyone can produce the desired result." In an address before the National Association of Court Administrators, Sullivan praised the Ohio Bar as being young and forward thinking. The lawyers in Ohio saw the problems other states were having with court congestion, but realized videotape was not a panacea. Today, all condemnation however, proceedings in Ohio are on videotape and often it has been found the results are more acceptable than having the witnesses themselves present at the hearing. Sullivan and Rickert both call for a governmentally funded or privately operated central location or facility to produce and film testimony, hearings, and so on for all judicial and quasi-judicial agencies in the area. Within this proposal there would be microwave or cable transmission to those places which would have a use for the service. This would include courts, lawyers' offices, police stations, government offices and law schools. Americans have made television a part of their lives and this is one reason that videotape would be compatible with the courts. It is also why there might be problems. Television is not understood as an educational or communication medium, but only as a medium for entertainment. Although there is a swing to a more valued idea, Howdy Doody and Pinky Lee will always be around. In Ohio it was found that after 20 or 30 minutes of watching the monitors, the jury began to Iqse interest and started waiting for a ■Vtjl .H. Y.U C3IUJ-J3 i ' -V ■ '' �September 20,1973 OPINION 7 Spring and Summer Grades: Faculty at Home in John Lord O'Brian Blind Justice The following is a chart of the grades for the spring summer sessionof 1973. The rating system is as follows: Each grade was assigned a value (HD=4, H=3, Q=2, D=l, F=o). [Any similarity to a straight A F system of grading is to be ignored.] The total number of points given by. a professor in a class was divided by the number of grades received in that class by September 12, 1973. Resignations and Incompletes are not included in the chart below. Under this system of rating, any course which had an average of Q would receive a 2.00 in the last semester and — column. As for the value of the grades themselves, you can draw your own conclusions. UPPER CLASS SPRING GRADES Professor/Course #HD #H #Q #D #F 0 0 0 0 1 0 0 18 4 3 8 5 3 10 3 31 58 8 4 6 16 6 0 8 104 57 33 0 2 1 0 0 5 17 0 11 0 0 0 0 0 2 6 0 0 16 22 9 11 18 158 133 56 2.43 2.63 2.18 2.33 3.09 1.66 2.01 2.71 2.09 0 1 0 0 1 0 4 14 0 4 8 4 12 32 11 0 0 1 0 1 0 8 26 4 23 48 15 2.50 2.25 2.00 1.65 2.10 2.60 11 Atleson/Collec. Barg. Atleson/Law. Role Nego. Buergenthal/lntl. Prot. HR Davidson/Woman & Law DelCotto/Corp. Reorg. DelCotto/Fed.Tax A Fleming/Corporations Franklin/Phil, ofLaw Girth/Debtors Rts. etc. Girth, Handschu, Ogasawara/Clin. Worn. Leg. Prob. Gordon/Amer.Leg. Hist. Holley/CommContrPubSch Ho!ley/Conflict ofLaws Hyman/Const. Law A Hyman/ConstLawEqualProt Joyce/FedTaxß Joyce/lnc. Tax of Estates Katz/Crkne&Commtanity Katz/Federal Jurisdic. Policy etc. Kdi^/Tax Kognery/Labor Law Macaulay/Law&DevLatAm -^Manak/LegalAidClinic Mann/Civil Rights Mann/Const. Law B Mugel/Grat. Transfers Laufer/Conflict ofLaws Laufer/Prbb: AutoL'i; Lochner/CofpFtn&Sec ' Newhouse/Const. Law A Newhouse/LegProbPubSch Reis/LegProbEnvQuality Rickert/LegEc,Ethics,Sk Rosenberg/Sch. Law Clinic Schwartz, H/Crim Proc. Schwartz, R/Legal Prof. Steinbock/Evidence Steinbock/Plea Barg. etc. Teitelbaum/Family Law Zimmerman/Couns. Sm. Bus. STAFF/Civil Pro. B STAFF/Trial Technique ' i 9 4 0 0 0 0 0 1 2 4 5 0 1 0 0 0 0 0 0 0 4 1 0 0 0 0 0 0 9 3 2 6 36 7 6 6 12 40 6 9 1 3■ 7 6 2 5 1 15 2 5 8 18 5 22 19 2 4 5 9 47 4 11 3 15 81 25 7 10 31 10 6 13 6 61 14 25 6 86 8 49 41 0 0 0 0 4 3 0 1 0 0 0 3 25 15 7 12 16 11 5 4 0 30 13 39 41 41 42 33 27 31 35 3 131 ' 2 0 8 6 0 0 # Grades Given 7 Rating 0 0 4 0 2 0 0 1 0 7 4 0 0 3 0 0 0 0 2 0 9 1 13 0 16 1 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 3 3 2 0 0 0 11 15 85 12 19 14 32 128 36 17 14 41 16 8 18 7 82 17 42 18 119 13 87 61 2.82 2.57 1.56 2.40 2.28 2.75 2.53 2.93 2.69 2.26 2.11 2.41 2.07 2.10 2.38 2.25 2.28 2.14 2.25 2.24 1.78 2.05 2.01 2.38 2.07 2.28 4 10 5 16 0 8 3 5 4 1 3 0 0 2 0 0 0 1 0 0 0 18 20 74 63 64 54 60 42 42 43 4 182 1.95 2.25 2.20 1.86 2.22 2.23 2.14 2.05 2.00 2.25 1.95 0 7 FIRST-YEAR SPRING GRADES Buergenthal/I ntro! ntLaw Davidson/Torts B Gordon/Contracts B Greiner/Property Kel ley/Torts B Macaulay/Contracts B Reis/Property Rosenberg/Torts B Rickert/Contracts B Swartz/StatßevCrimLaw Wenger/Legal Research SUMMER GRADES DelCotto/Tax A Fleming/Contracts Gordon/Evidence Homburger/NY Practice Hyman/Const. Law A Kochery/Labor Law Mann/Civil Rights Mugel/Grat. Trans. Newhouse/Const. Law B Reis/Land Trans. p 0 0 0 0 0 2 0 0 1 3 2 7 5 3 20 12 9 4 3 12 16 6 10 16 29 5 23 6 7 6 6 6 0 1 0 1 1 0 0 3 2 0 0 0 0 0 0 0 0 24 26 19 15 20 49 20 33 10 11 1.63 1.69 2.05 2.33 2.10 2.41 2.75 2.24 2.40 2.45 FULL-TiME FACULTY Room Phone 636 ATLESON, James BOYER, Barry BUERGENTHAL, Thomas DAVIDSON, Kenneth DEL COTTO, Louis FLEMING, Robert FRANKLIN, Mitchell GALANTER, Marc GIFFORD, Daniel GIRTH, Marjorie GOLDSTEIN, Paul GORDON, Robert GREINER, William (Assoc. Provost) HARRING, Janet HOLLEY, Dannye HOMBURGER, Adolf HYMAN, Jacob JOYCE, Kenneth KAPLAN, Milton KATZ, Al KOCHERY, David LAUFER, Joseph 424 518 526 2068 2095 2090 2065 LOCHNER, Philip MANN, W. Howard McCARTY, L. Thorne NEWHOUSE, Wade REIS, Robert RICKERT, Thomas ROSENBERG,Norman SCHLEGEL, John SCHWARTZ, Herman SCHWARTZ, Richard 427 529 2087 413 2076 2103 2102 2094 627 512 519 626 426 423 2104 2066 2069 313 2055 416 2073 414 2075 2088 2079 2086 2070 2078 2100 2089 528 410 530 422 411 513 527 On leave 514 415 412 425 2099 2074 2077 ■ 2067 517 520 625 2096 525 319 2091 2052 2093 2105 (Provost) STEINBOCK, Daniel On leave PART-TIME FACULTY Room Phone 636- 421 2071 FREY, Maurice GORDON, Michael JACKSON, Bruce MAZOR, Lester MUGEL, Albert ZIMMERMAN, George Law Wives News by Peggy Belling faculty paralleling the students' The Student Law Wives Association and the SBA co-sponsored a wine and cheese party on Tuesday, September 18 in the cafeteria of the Governors' Residence. This was the first of several activities scheduled this year by the taw wives. community oriented programs are being planned. courses. Both social and On October 15th, the law wives will meet to hear four lawyers' wives discussing their roles in their husbands' careers and in' the community. New members are welcome. If you are interested in attending, please call During the coming semester, either Fran Paskowitz at the law wives plan to have 631-5709 or Marcy Daumen at mini-lectures by the law school 881-2347. �September 20, 1973 OPINION 8 Alumni Line/Earl Carrel Over the course of the last five months, that is, since we last wrote this column, a great number of changes have taken place, both within the Law School and without. Not the least of these changes is the move to the North Campus and John Lord O'Brian HalL Perhaps another drastic change is that Alumni Line is now being written by a genuine alumnus instead of by a student. Whether or not the latter change is for the better is a matter of conjecture and will be determined as time goes by. ***** The dedication of O'Brian Hall and open house which had tentatively been scheduled for mid-October has been postponed until some time in the spring. By that time both the inside and outside of the building will be completed and it will look more like a law school than a construction zone. Alumni Line will keep you informed as to the specifics. ***** The Appellate Division of the New York State Supreme Court, 4th Department will hold a session in the Carlos C. Alden Moot Courtroom in October. The proceedings will be open to the legal community. ***** Greetings are extended to the Department of Economics which has joined the Law School as a tenant of O'Brian. ***** DOUGLAS TO SPEAK United States Supreme Court Justice William O. Douglas will appear on South Campus on November 27. Keep your calendar open. More information later. MAGRUDER WILL NOT APPEAR Jeb Stuart CANADIAN ART EXHIBIT IN NORTON — "Canadian Painting and Sculpture A Selection," the first exhibition of the 1973 74 season, opened September 5 in Gallery 219, the student-run exhibition center in Norton Union at the South Campus. For the duration of the exhibition, which runs through September 28, gallery hours will be: Monday, Wednesday and Thursday, 11:00 a.m. 5:00 p.m.; Tuesday and Friday, 12:00 p.m. 4:00 p.m. and 8:00 p.m. 10:00 p.m.; Sunday, 1:00 5:00 p.m. — — - ***** A short note to thosewho are getting the Opinion for the first time.Let us know what your current addresses are. **** it As always, your comments, and items of interest are most welcome. Just send them in toAlumniLine. ***** Jphn Lord O'Brian, '98, after whom the law building is named, died in April in Washington, D.C. at the age of 98. ***** Alfred Morrison, '04, former Town of Evans Justice of the Peace, died August 28,1973. Magruder, former Deputy Director of the Committee to re-elect the President, a key Watergate witness recently named by former Attorney General John Mitchell as a key figure behind the Watergate incident, was scheduled to speak at the South Campus on October 10. Due to Judge Sirica's ban on such speeches, Mr. Magruder will be unable to fulfill that commitment. —- Bulletin Board O'Brian Hall is not the only building on the North Campus that is named for an alumnus of theLaw School. Rising just to the east of O'Brian is the Education and Philosophy Building which has been named after Christopher Baldy, '10. Baldy Hall is about a yearaway from occupancy. ***** Karl A. McCormick, "08, former Buffalo City Court judge, died in April, 1973. •Got any information about events, articles, places or people of particular interest to law students? Bulletin Board is the place we have for these and other messages. Bring your goodies to the Opinion offices, rooms 623 and 624. Henry B. Harrington, '16, died August 24, 1973. Paul P. Creola, '28, father of Assistant Dean Marjorie Mix, died July 13,1973. ***** Anthony L. Sapienza, '34, Assistant Erie County District Attorney, died September 11,1973. ***** Joseph B. Burns, '35, died May 20, 1973. ***** James A. O'Neill, '42, president of Corp., died April 28, 1973. Niagara Mohawk Power ***** ***** )ules Lavett, '52, died June 14,1973. ***** Robert F. Martin died in April, 1973. ***** Alan K. Sawyer died August 7, 1973. Edward J. Burke, '47, died April 3,1973. ***** Thomas R. Blair, '57, was appointed Police Commissioner of Buffalo by Mayor Stan Makowski. U/B Foundation Trustees Appointed The Board of Trustees of the Stale has rcappointcd six members and appointed three new members to the Board of Trustees of the Universityat Buffalo Foundation, Inc. Reappointed for terms expiring June 30, 1975 are William C. Baird, Harold Farber, Adelbert Fleischmann, John L. Hettrick,Jeremy M. Jacobs, and M. Robert Korn. Paul Snyder, Mrs. Raymond D. Stevens and Louis B. Reif were appointed as new members. Mr. Snyder and Mrs. Stevens will serve two-year terms; Mr. Reif will serve for University of New York three years. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-09-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 14 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/20/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/ea08d559a482c84fbd570cfd20b92292.pdf 698a5275fb150bc87e966c089b21da1e PDF Text Text Non-Profit Organization The Opinion 77 West Eagle Street Buffalo, New York 14202 TO HE PINION Volume 13, Number 10 State University of New York At Buffalo Law School U.S. Postage PAID Buffalo, N.Y. Permit No. 708 lMay3, 1973 Lqu Haremnki The Editorial Board and the staff of the Opinion hope you enjoy this last 73 school year. We wish you luck on your exams and in your summer job issue of the 72 or permanent job hunts. These photos may give your eyes something to enjoy between now and the close of the exam period. They are all by law student photographers. - Chris Belling Chri< B««iM �John Levi JulioFuente* Gary Matttno Lou Haremtki Jim Burgio �Lou Haremaki ChrisBelling Julio Fuenfes Gary Muslim Cbria Bellini �Frank Buffomantt Julio Fuenle, John Levi Chris Belling Gary Masline John Levi \ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-05-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/3/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:44:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9e44bbcde07ead8ff3b154f86c15e0e6.pdf 3d084cd4d8e2b7d6aeb8c12136472e00 PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14202 THE Volume 13, Number 9 A.B.A Lauds U.B. Report 'AIUQ "OJU| Newhouse by Peter Jasen After several weeks of planning, the first State of the School Report will be held on Thursday, April 19 at 1 p.m. in Room 110. The Report was announced as a series of reports, and Report I focuses on the new law school building, John Lord O'Brian Hall. Professor Wade Newhouse with the assistance of Professor Robert Reis will present slides marking the progress of the building. Provost Schwartz will moderate with Assistant Provost Greiner and Dean Mix also present to answer questions concerning the proposed administration of the new facility. The idea to have such a State of the School Report evolved out of the Provost's office in a round of discussionswith several student re presentatives. At those discussions it was agreed that the presentation of a report on the status of the law school, "where are we now, where are we going, and how are we going to get there," was needed in addition to the ineffective Committee Coffees. It seemed that at almost every Committee Coffee, which is an informal meeting with the members of a faculty committee, the topic would always end up as the status of the new building. So the topic for Report I waschosen to generate greater student participation both in this report and in thereports to come. Report 1 will be an hour long presentation solely on the new building. Other topics discussed for future Reports include a report on Freshman curriculum, a report on clinical programs, and a report on placement. No decision has been made yet as to whether each of these tentative topics will be given a full hour on each of the following Thursdays during the speakers hour at 1p.m. The Provost welcomed the concept of a permanent annual or semi-annual report and intimated that it is very likely that there will be some sort of progressreport in the offing once we have moved into the new building. ALUMNI NEWS SEE PAGE 5 OPINION April 5, 1973 State University ofNew York at Buffalo School of Law Provost Announces State of the School S3JABS Non-Profit Organization U. S. Postage PAID Buffalo, New York Permit No. 708 H by E. J. Mandel Buffalo Law School has received generally favorable reviews from the inspection team of the American Bar Association and the Association of American Law Schools that visited the school at the end of October. The recent report was the result of extensive discussions, inspections, and observations made by the three man inspection team composed of William C v nni n gh am, Dean of the University of Maryland Law School, Qui n tin Johnstone, Professor ofLaw, Yale University, and Lawrence Newman, a partner in the New York City law firm of Kaye, Scholer, Fierman, Hays, and Handler,who is also a lecturer at the University of Pennsylvania Law School. The accreditation inspection, the first since 1967, was made at the same time as the general accreditation inspection made of all of SUNY/Buffalo by the Middle States Association of Colleges and Secondary Schools. The report reviewed seven areas of the school, giving background in each area, pointing out strengths and weaknesses, and making recommendations as to improvement in each area. . Law School Administration The report noted the many recent, top-level changes in the Law School's Administration, and was generally praiseful of the quality of Administration that is provided by Provost Richard Schwartz, Associate Provost Greiner, and Assistant Dean Marjorie Mix. The report noted the general favorable support the Administration has received from the faculty, as well as the fact that the alumni have overcome their initial apprehensions about some of the appointments. The AALS-ABA team noted that several glaring weaknesses that are present in the Administration that result from a lack of manpower. Noting the increasing difficulty that law graduates are facing in their search for jobs, the report termed the present professional placement operation as "totally inadequate" and recommended that steps be taken to correct the situation. Also noted as an Administrative weakness was the lack of a full time director of admissions. Pointing out that the U/B Law School received 2425 applications last year, thereport recommended the hiring of a full-time that the administrator, so attention of the student, faculty, who now and administrators handle the admissions operation may be effectively channelled elsewhere. SBA Directors Elected; FSRB Rep Picked; Referenda Held by Earl Carrel A good turnout or nearly 300 students went to the polls last week to elect student representatives to the SBA and the FSRB, and to vote on grading and calendar reform. Although there was a good turnout, it was a typical SBA election with, no publicity, virtually no campaigning and everyone on the ballotwas elected. Wesley Taylor, Neal Dobshin sky, Regina Felton Lester Sconiers, Peter Jasen and Skip Hunter were elected tc directorshipsby the Junior Class the first four candidates being the only names on the ballot and the latter two winning on thebasis ol write-in votes. Joe Gerken hac been elected on the basis of high nirUa.ln tntai kut tli.i ..,,>! I.L- ,i,nw student immediately declined, saying, "I must, due to the heavy pressures of my academic courses, decline this great honor." At least one vote was received by 33 other candidates through write-ins. The Freshmen re-elected Laura Zeisel, Don Lohr and Art Herdzik to SBA positions and added Donna Fossum, Bob Gottfried and Mark Linneman to the roster of their representatives. These six were the only students whose names were on the ballot. Thirteen others received write-in On the question of calendar reform, 253 students voted with only 15 supporting the present class schedule. The vote in favor of a pre-Labor Day start with finals before Christmas was 165 to 46. In favor of an earlier start and end of Spring semester were 157 students with 50 opposed. Students favored a break of approximately one week between the end of classes and the beginning of finals by a vote of 177 to 52. Due lo the vacation of the member of the elections committee charged with tabulating the results of the referendum on grading reform, the ballots for that vote have not yet been counted. Results will be posted as soon as they become available. votes. One vacancy on the Faculty Student Relations Board was filled with David Hampton outpolling Judy Litwak by a 3 to I margin. Once again the winner was the only name on the ballot. Votes were received by 26 additional students. fact that the past decade has seen a tremendous expansion of the Law School, the school's faculty was characterized as "strong." The thirty-four member faculty, after taking into account joint appointments and administrative positions, was found to have a 21 to one ratio with the students, with each professor having between six to seven class contact hours per week. While calling the faculty-student ratio on the high side in view of the plans of the law school, the team found the contact hours about average for most quality law schools. They noted that without an expansion of the faculty, more undergraduate courses within the rest of SUNY/Buffalo should not be taught. Additional evidence of the need for more faculty was shown by the fact that four popular courses contained over 130 students each. The visitation committee was impressed by the many recent additions to the faculty, and was generally praiseful of the classroom teaching, general caliber, and age spectrum of the faculty. However, it was noted that while the faculty pays competitive salaries for a school at this stage of development, the lower end of the scale and high income tax of New York State make pay adjustments desirable. Library Currently the law library contains over 166,000 volumes, and receives 1200 periodicals, operating on a budget of over $347,000 with a staff of nine professional librarians. Stating that the law school library has been greatly improved in the past five years, and noting that the current acquisitions budget is $150,000, the panel stated that the acquiring of 100,000 back volumes of already published works would be a Faculty Continued on Page 3 | While taking cognizance of the Teitelbaum Heads West U. my association with 8., but this opportunity in New Mexico is more than just teaching. The law school works very cJoseJy with the state legislature and often faculty members work on drafting legislation. This is an area in interest." I have '»!Un which Mr. Teitelbaumreceived leave U.B. last He was a great year. 'OJU Fall Semester, at tenure on 1972, during which he was a Visiting Professor at New Mexico. His teaching assignments here have included Evidence, Family by Earl Carrel Law. and a seminar on Juvenile Lee fc. Teitelbaum, associate Courts. He has also taught a joint professor of law at Buffalo since course in the School of Social 1c)7O, has announced his Policy and Community Services resignation from the faculty on Juvenile Courts. Articles in the Journal of effective the end of this academic year. He will take a position on Family Law and the Law and Review are among his Society of the faculty of the University publications and in 1972 he New MexicoSchool ofLaw. A native of Louisiana, Prof. co-authored a book with Vaughan Teitelbaum received his Stapleton, "In Defense of Youth: undergraduate and law degrees A Study of theRole of Counsel in from Harvard and his LL.M. from American Juvenile Courts," and Northwestern. Prior to coming to authored an article, "Some Buffalo, he was a Staff Attorney Comparative Aspects of Pre-trial in the Chicago Lawyer Project and Seizure in Criminal Cases," 5 an Assistant Professor of Law at Revue dcs Droits de VHommea the University of North Dakota 419. He has also been appointed Reporter for the Institute for Law School. "It's been a pleasant learning Judicial Administration of the experience here," says American Bar Association Project Teileihaum, "and I have enjoyed on Juvenile JusticeStandards. 93JABS Davidson Gets Faculty Nod The Faculty Committee on Promotion and Tenure voted last Wednesday, March 28, to recommend Professor Kenneth Davidson for continuing appointment as Associate Professor ofLaw. According to University procedures, the case will now be sent to the President's Review Board on Appointments, Promotion and Tenure on the Main Campus for consideration. (More on tenure, see page 4.) S«vlc« J �April 5, 1973 THE OPINION 2 Presidents Corner Editorial [ suspect that the SBA owes everyone an Unheralded Hero - Newhouse There are always some unheralded heroes never given the proper recognition, and although at first blush a tribute to one of the key coordinators involved in the construction of the new law building seems inappropriate considering the rumored endless delays, it is indeed very fitting to commend Wade Newhouse on his efforts to get us out to Amherst before the Fall. The basis for the commendation becomes much clearer when one realizes that Professor Newhouse has maintained a full teaching schedule, in addition to keeping O'Briaii Hall on schedule. Newhouse will be participating in the State of the School Report on Thursday, April 19th, 1 pm in Room 110 where the focus will be on the new building. We urge you to attend, as much to see Professor Newhouse in action as to glean the information to be made available. —P.J. Volume 13, Number 9 April 5, 1973 Editor-in-Chief -- John - Assistant Editor Managing Editor Staff - Kay Latona Levi Peter OPYNTOIV •*'•^^* 188 |asen -- Business Manager Christopher Greene Photography Editor Christopher Belling Articles & Feature Editor Earl Carrel Otto Matsch, Dianne Graebner, E.). Mandel, Doug Roberts, Kay Buffomante, Dave Schubel, Matt Greenblatt. Wigtil, S. Hunter, Frank The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the Stale University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit apology for surprising you by confronting you with annuaJ rites of spring with somewhat less than adequate notice. The elections and referenda were not intended to surprise. In fact was rather shocked when I discovered that the last issue of The Opinion I mention of the election of upper-class directors, filling of one vacancy on the Faculty-Student Relations Board, and the two referenda. Apparently notice via thebulletin boardreaches only a select few,since by the deadline for filing of petitions few were returned. Even after a week's extension there were still vacancies on the ballot. With all this in mind, we prepared for a typical SBA low voter turnout election. Apparently that prediction was incorrect, probably partially due to the importance of the referenda (which were concerned with proposed calendar and grading reforms) and the return to the two-day balloting procedure which was abandoned last year. Since this article was written during the election it is not possible to state exactly how many of us participated; however, there is little doubt that the turnout should have been roughly twice that of recent elections. The large turnout indicates that there is student interest in proposed reform in the areas of grading and calendar. Hopefully armed with the results of the referenda, we will be able to confront the faculty with what is an actual representative consensus of student opinion and discuss possible reform. Change will not occur overnight, it will only come after extensive research and careful analysis is completed. Certainly it should be realized that the shift to the Amherst campus makes the adoption of an early start/stop calendar difficult, if not totally impossible did not have any Baling expected to be strong student support. Similarly, if there are to be changes requires structure, grading the it more than the in approval of the faculty. of have wondered if there you No doubt many really is an SBA Social Committee. While it may have appeared that there wasn't a functioning committee this semester, I can honestly report that nothing could be further from the truth. Committee chairman John Anderson planned a number of events for this semester. Unfortunately we have experienced considerable difficulty in having funds released from our disbursing agent. We hope all those problems have been eliminated by now and another affair is scheduled for the Eagle St. lounge on the morrow. Problems in funding this year are going to seem minimal compared with the ones we are anticipating for next year. SBA is required to file a tentative budget with the University before it can collect our fees in the fall. That budget is due in a matter of weeks. It is therefore necessary that every organization that is planning to request money next year file a tentative budget with Hugh Scott by Monday, April 16. Any organizations who fail to file by that date can not and will not be considered for funding in the fall. If any organization is encountering any difficulty complying with this directive, please speak with either Hugh Scott or me. next year despite what is RiGHT ON! by Otto Matsch BETTER THAN AMNESTY Now that President Nixon has more or less ended American involvement in Vietnam, the peripheral issues are being focused upon, the two most actively discussed being whelher amnesty should be granted deserters and/or draft dodgers and whether the UnitedStates should pour money into Hanoi's coffers for rebuilding that regime's war machine. Public opinion seems divided pretty much along the same lines as opinion on the war itself. No conventional solution to these problems seems able to satisfy very many people, and some solutions, such as a blanket amnesty, would probably tend to polarize society more than bring people together. Whatis neededis an unconventional solution to this unconventional problem, one that will please almost everyone. Having posed the problem 1 naturally'have the solution. It is necessary first to identify the nature of the problems. As far as giving money to Hanoi goes,it should be noted that the touted figure of $2.5 billion is greater than all the aid given to Japan after World War 11, that Japan then had 3.5 times the population that North Vietnam has now, and that Japan was much more severely bombed than North Vigtnam was. It must aJso be noted that after WW II we gave aid to Japan and Germany to help them rebuild only after their imperialistic governments had been destroyed and replaced with democratic governments friendly to the United States and without military designs on their neighbors. The $2.5 billion is in fact a bribe intended to encourage Hanoi's dictators to abide by the peace treaty. Of course, it won't they are not going to stop trying to conquer work Indochina after 25 years of war for a few billion dollars. The problem therefore is how to encourage the North Vietnamese rulers to be peaceful, and to find a feasible method of implementing the encouragement. The notion of simply throwing money at any problem with the firm conviction that it will therefore disappear is a standard modern American approach. It usually does not work, but the country is so rich that the general reaction is to throw more. This could be described as being caused by the mercantile, money-oriented outlook of capitalistic-pig Amerika, or trTat we are all blinded to the finer things in life and use money to try to solve problems that can't be solved with money because we are afraid of becoming involved and prefer to remain impersonal, or any number of other answers. The fact remains that not all problems can be solved by money, and the problem of getting the Hanoi regime to be peaceful is one of them. The second problem is how to deal with the - deserters (this term will be used here to include draft dodgers). There are about 7,000 to 10,000 of them, mostly in Canada. (Sweden says it has 602 of them.) To grant them amnesty would mean to forgive them of their crimes, to let bygones be bygones, to allow them to return to America without criminal penalties for desertion. The moral implications of amnesty are that the grantor, in his generosity, recognizes that the grantee was in the wrong when he did his foul deed, whatever it was, but that the grantor is now willing to foregopunishing the grantee. The grantee on his part recognizes that he erred in the past. In short, amnesty means that the grantor was morally right all along and the grantee was morally wrong. But with these deserters there has been a moral inversion. No reporter has yet found, among the hundreds of deserters who have been interviewed, a single one who said he deserted for any reasons other than the heinous immorality of Americaninvolvement in the war. None said they deserted because they were cowards, or criminals, or were communists, or misfits, or were themselves immoral. Or so they said,, in all those tear-jerking articles about the forced exile of America's finest youth. Almost unanimously the deserters have said they do not want amnesty because they do not want to be forgiven, and they do hot want to be forgiven because they feel they have done nothing wrong. They say they were morally in the right, and that everyone else was immoral, especially Lyndon Johnson, the Peace Candidate. Some have condescended to forgiving America, others have said they prefer to live in Canada, and will never return to brutish, piggish, war-mongering, racist, imperialist, ignorant, insensitive, uncultured, nasty oV Amerika. The problem really is how, in relationship to the deserters, to resolve the conflict between a self-righteous sliver of society that feels America is Amerika, a basically immoral country, especially in its Camelot-inspired involvement in Vietnam, inhabited and ruled by red-necked, hard-hatted fascistic barbarians, as opposed to the rest of us, who think that the country is basically moral and inhabited by basically good folk. With this clear perception of the basic conflict a solution to the problem which satisfies everyone becomes apparent: Amnesty should not be granted to deserters and money should not be given to Hanoi. The deserters do not want (o be forgiven and most people do not want to forgive them. The deserters want vindication, which cannot be achieved via amnesty. The right solution is to ship the deserters to Hanoi to help the regime tiiere in rebuilding theirsorry country. In North Vietnam they can be appreciated and vindicated by a grateful regime for their heroic resistance to whatever they imagine they resisted. Also, by sending these noble spirits to Hanoi, America will avoid its normal practice of trying to bjiy its way out of every jam instead of becoming personally involved. Instead of just sending the poor darlings in North Vietnam a mere bundle of filthy lucre we will be sending them our finest young men. What greater sacrifice could America make than that? What could be finer, nobler, more liberal? This solution satisfies all protagonists on all sides of the issue. The deserters will be happy because they will be vindicated, while society at large will be happy because the deserters have not been forgiven. Those who are opposed to aiding the Hanoi junta will be satisfied because Hanoi can make little use of the deserters for aggression on imperialism. Those who favor aiding Hanoi will be happy because we have sent them something more valuable than mere money. And the self-righteous haters of Amerika will be pleased by the recognition of the deserters as the cream of America's finest young men. Best of all, peace will surely come to Indochina as the kindly and gentle deserters spread the gospel of peace to the war-weary people of North Vietnam and demonstrate by example of their own moral superiority over the rest of us. UP YOURS, PHIL Except for an uncertain number still held for future ransom demands, all of the POWs are back, and their tales of horror are beginning to be heard. They tell of torture, murder, starvation and other forms of maltreatment at the hands of their communist captors. One returned POW has formally requested that the United States charge North Vietnam with war crimes and violations of international law. Our domestic appeasement lobby has not been heard from lately concerning the POWs. (Oh, blessed silence.) Possibly this is because some of the returning prisoners have accused them of prolonging the war, probably because many of the appeasers silently agree with Father Philip Berrigan. Berrigan, the outspoken saint, has broken the silence of the appeasement clique and further exposed himself and the rest of that coterie as traitors to humanity. In sermons to the faithful Berrigan has denounced the POWs as war criminals and otherwise indicatedhis dislike for them. It is difficult to express any reaction to Berrigan's hateful statements other than disgust, and my printable rejoinder to his bile is short: "Shove it, creep." �April 5, 1973 THE OPINION Morgan Heads New Law Review Editors 3 Student Leads Franklin Fight The controversy surrounding A new Board of Editors has the denial of reappointment for been chosen by the Buffalo Law Pro f c sso r Mitchell Franklin, Review. In a meeting over the whose Philosophy of Law course Spring vacation, the 1972-73 is consistently popular here Board, headed by David Sands, despite the absence of material E ditor-in-Chief, picked Vince value for the bar exam, continues Morgan as the Editor-in-Chief for to muddle uncertainly. The the 1973-74 volume of the law President's office of SUNY/B has review. In addition, Michele resubmitted its original request Heffernan has been named for extension of Professor Managing Editor. The rest of the Franklin's waiver of mandatory new editorial staff includes: retirement, but pending new word George Neidich and Mark from Albany, rumors have F i nke lstein, Articles Editors; reviews. I think this year we can York State as contemporary replaced facts. Philip Levine and James Clute, identify the perimeters of our problems of value which students Junior Terry DiFilippo, a dual Research Editors; Carl Reynolds, endeavor: look for law-related Inflated. degree candidate in Philosophy Technical Editor; Terry DiFilippo, articles from people outside the Despite the we ighty and Law, has led the campaign for Sue Ginsberg, and Barry Taub, profession; solicit 'thought papers' importance and grueling demands renewal of Professor Franklin's Case and Comment Editors; and unresearched but carefully of the work they do, the students reappointment. In his role as a law Donald Conover, Business Editor. considered ideas on problems; and of the law review retain a wit and student and a Graduate Student The first duties of the new foster more interplay between camaraderie rarely found among Association Senator, he spoke Editorial Board will be to student ideas and professional Buffalo law students. Contrary to with the President about the the stereotype of pinstriped massive student outcry against supervise the annual essay work." competition which will determine Shelly Heffernan, the Managing dullards, all 24 going on 40, the terminating Dr. Franklin's which of this semester's freshmen Editor-designate, elaborated on new Board of Editors mixes appointment, and was and -women will be next year's these themes. "While we intend to humor into the checking of instrumental in sending to the candidates. In the next few weeks, continue to increase our standards footnotes. Soon freshmen will Office of the Chancellor in freshpeople will be encouraged to of quality, we intend to explore have an opportunity to join their Albany a packet of enter the competition and join the new areas, ask new questions. The ranks. They deserve your recommendations, including name of a contributor is always consideration. review. letters of support from the GSA you know an Vince Morgan, the new important and the SBA. In addition to Editor-in-Chief, stresses the established person will have championing the cause of Dr. possibilities for expansion of the something to say but the ideas law review. "We've been presented are the essence of any A relatively tight State University improving every year, getting contribution." Asked about the budget, coupled with some on adm ini stralive and collective better articles and attracting more freedom afforded the students on important contributors. Now is the review to explore their own quite properly bargaining problems regarding the Mandei has Mr. the time for the review to take ideas, she commented, "We want stressed elements of the status and classification of off; we can take current issues our staff to develop their own ABA-AALS report which are of non-teaching professionals may which haven't been discussed and ideas and fields of interest. Most special interest to the student hamper our efforts in this regard. analyzed in relevant ways, and candidates have difficulty body, and 1 have only a few Faculty We will not be able to develop valuable insights into initiating valuable, research topics comments to add. expand our undergraduate themwhich will help professionals in the first semester; then we Law Student Administration We offerings without an increase in both in law and elsewhere." assign topics or cases. But we look are working hard to secure staff faculty. Indeed we may have to Morgan pointed out that "big for students who will be able to for placement, alumni relations, contract our offerings slightly names" don't always mean good contribute as much as possible." and admissions* We are preparing next year. Although many J.D. contributions. "We want to She pointed to work by new a new budge t request which students are concerned about this eliminate the mediocrity and editors in the fieldsof Indian legal includes positions for a placement "drain" on our faculty, it is in stodginess that pervades all law problems and land reform in New officer, and an admissions officer, fact a very small claim on the - — — Dean Comments A.B.A. Report - ABA Lauds UB Continued from Page 1 significant step that could bring thel U/B Law Library into the ranks of excellentlaw school libraries. Impressed with the educational background of the professional staff, despite its relative inexperience, the committee recommended the hiring of a professional reference librarian, as well as a new acquisitions librarian and chief cataloguer, plus additional nonprofessional supporting staff. The working relationship between the UniversityLibrarian andLaw Librarian was praised, although that it was noted that a new University Librarian has been appointed. Further, the report noted that the law school could be severely handicapped if it loses effective control of its own library. Curriculum After examining the course of study offered, which culminates in the J.D. degree, the law school's only degree, and the grading system, as well as the success of U/B graduates on the New York bar, the visiting committee concluded that a sound professional program of traditional law courses was available. They also concluded that significant strides had been made in the variety of electives, interdisciplinary, and clinicalprograms offered. Highly commending the joint degree programs offered in conjunction with other SUNY/Buffalo Faculties, the committee noted that theactivist nature of the clinical programs in the community may create a public relations risk of adverse reaction to the school when its need for community support is high. The committee concluded its discussion of the studies at theLaw School by recommending additional required writing courses as well as the institution of a mandatory moot court competition. Student Body The class of 1975, 202 strong, with a grade point average of 2.8 and median median LSAT score of 606 is part of a student body that has expanded from 430 to 620 students in the past five years. Anticipating the move to the new Amherst facilities in September, 1973, the committee sees an enrollment of between 800-900 in a few years. The committee noted that the current law student body contains 90 minority students, mainly Black Americans, and 65 women, both up sharply from five years ago. Almost half the student body comes from downstate New York, again representing a dramatic change from five yearsago. The committee discussed at length the minority admissions program, whereby thirty-five places are held for students who meet the program's requirements, noting that admission standards are different for these students from demonstrably educationally and economically disadvantaged background. When the students do not pass the program's automatic admissions standards (3.5 GPA or 550 LSAT), the Minority Affairs Program Committee is charged with determining whether that person shouldbe admitted on the basis of his improvement in undergraduategrades, and the student's attitude abouteducational success. The commission concluded that the student body is in satisfactory condition after extensive discussion with students, the Student Bar Association, and various - otheractivities. The committee noted high student participation in the formation of law school policy, extensive representation on committees, and wide range of extra-curricular offerings. The report did mention that many students are very badly financiallypressed, and their academics could be seriously injured by the needed outside work, c specially if they were marginally academic. Further, it was suggested that a greater emphasis on recruitment at undergraduate institutions would enhance a greater diversity of student body. Finally, the committee recommended a top scholar program, such as that at NYU, which has the Root-Tilden program that attracts top student talent through large grants. The purpose of such a program would be threefold: it would attract high caliber faculty, add to the academic strength of the student body, and "wouldhelp remove the somewhat defensive attitude of the students as to their abilities." DiFilippo Franklin and pursuing two postgraduate degrees, DiFilippo was recently named a Case and Comment Editor for the 1973-4 Buffalo Law Review. DiFilippo is hopeful that some kind of compromise can be effected to reconcile the need for mandatory retirement with the exceptional case of Mitchell Franklin. Possibilities which have been mentioned include reappointing Professor Franklin for one semester, and granting him Emeritus status. In the meantime, the career of a professor who is generally considered to be unique hangs in thebalance. total faculty time. Only five faculty members taught undergraduate or graduate courses outside the J.D. program during the 1972-3 year, and no one of them devoted no more than a quarter of his time to that effort. Library The Library has been allocated substantial additional staff for 1973-4, and many of the problems in the library will be resolved by the availability of space in the John Lord O'Brian - building. - Curriculum We are carefully Continued on page 12 .. with the criteria of the Association of American Law Schools, the committee found that the school is "well established and educationally sound with one of the most promising futures of any law school in the United States." Comparing it favorably to most of the state law schools in America, the committee noted that there is "a serious question, however, as to whether or not it will realize its full potential and in scholarship, professional training, and community service become one of the half dozen or so top law schools in the United States." Noting that U/B Law School is the state law school in one of the nation's most populous states, the group stated that few established American law schools have a chance to move ahead dramatically but that "the law school at Buffalo is an exception to this." compliance The primary factor, reported the group, in whether the SUNY/Buffalo Faculty ofLaw and Jurisprudence realizes this great potential depends in large part on the university administration, both in Buffalo, and Albany. The committee stated that the amount of money to make SUNY law school reach its full potential is modest. Physical Facilities Noting the present Eagle Street-Prudential complex as grossly inadequate, and hopelessly overcrowded, the committee praised the work of Professor Wade J. Newhouse who has devoted thelast eight years to the design of the new John Lord O'Brian Hall. Calling The committee concluded by stating the new building one of the finest law that the move to the new Amherst facilities buildings in the. country, the committee will provide a new attitude of the student found the $9,000,000 investment a and faculty, helping them overcome the hopeful indication that the state intends to apologetic and defensive attitudes that support the school in a way that will some hold about themselves and the school enable it to use all its facilitiesavailable in as being provincial and second-rate. The the new Amherst quarters of U/B Law new building, plus the new attitude, as well School. as the needed additional monies, could make Buffalo Law School in the Conclusions committee's words, "one of the nation's Finding the law school in full outstanding law schools."' �THE OPINION 4 April 5, 1973 CENTER center, as no insurance company would insure a gay organization. On March 23 a fire totally Furniture is needed. destroyed Buffalo's Gay Services Mail contributionsto: The highlight of the evening frequent subject of praise by his In what was hailed as a Center. Gay Law Students wasone FIRE FUND presentation of the first colleagues. Mattachine Society of the tradition-breaking event, the was the W. Webster Memorial of the organizations whichused the In other ceremonies, former Buffalo Law Review held its Charles facilities of the Center, which was Niagara Frontier Editor-in-Chief, David Sands, was 16, Award to senior Barry Bassis. banquet Friday, annual March operated by Mattachine Society. P.O. Box 975 Ellicott Station 1973, at the Lakeview Hotel, Professor Webster, associated with presented with an engraved desk Money is sorely needed for Buffalo, New York 14205 N.Y. The event the Law School in the early set by the members of the furnishing and equipping a new or given to Bob Brosius, Lakeview, installment 19S0's, was instrumental in outgoing Board of Editors. He Chairperson ofGay Law Students. officially marked the of the Review's newly elected inaugurating the Buffalo Law also received a paddleball racquet Board of Editors and Senior Review and advising its first from the new Board. Vincent Members. (See article on page 3 editorial staff. His activities on Morgan, current Editor-in-Chief, SCHNITZENTHALER v. ROSE of this issue.) Rejecting the behalf of the Review were explained that encouraging the the only way typical banquet bill of fare and described by Professor and former athletic activity was out of the office. In a (2 New York Emergency Court 351; dispensing with a post-meal Dean, Jacob Hyman, as a "labor to get David Walter Widewaite. PresidingJustice) speaker, those in attendance of love." Understanding this confidential interview with this sampled the renowned Lakeview characterization of his efforts, the reporter, Sands confided that he Plaintiff Rudolf B. Schnitzenthaler is a professor of New York smorgasbord and danced to the Review has memorialized mistook the gift as a snowshoe, to erstwhile student Law at the Grimetown Law School. Defendant is an music of the rock group, Waves. Professor Webster in an award replace the one he lost on (here who dropped out of school to promote a "barrpfresher course" An unexpected terpsichorean given by the membership to honor Franklin Street during the created by SURE-FIRE, Inc., a New York corporation. blizzard. treat came when several unique outstanding contribution and November In the spring semester of 1975 the plaintiff sought a "class Nevertheless, all in attendance demonstrated by service by a senior staff member. were steps senior Rose, allegedly Miss behalf of his entire on injunction" against The award's inscription reads: at the banquet conceded that it Shelly Repp. class in New York Law. to prohibit Miss Rose or any other agents of Banquet guests included "With admiring appreciation for was a most successful and her employer, SURE-FIRE, Inc., from using the premises of the Provost and Mrs. Richard singular dedication and devoted enjoyable affair. As one member Grimetown Law School for iheir-pfe-recorded "tape" review sessions. Schwartz, many members of the effort in the service of the put it, "You know you've made a In petitioning the tower court for his original restraining order law faculty, and several former Review." Recipient Bassis, who hit when a certain highly-iegarded against ihe bar review sponsors, Prof. Schnitzenthaler contended that Review editors now engaged in served as Research Editor during tax professor stays until one his own course provided more than enough information for his privatepractice. the past year, has been the o'clock in the morning!" students to pass the bar exam, and that taking the SURE-FIRE out money." pointed of and Plaintiff that time program was a "waste many seniors had been "lulled Into a false sense of complacency" by SURE-FIREs guarantee to refund the $500.00 fee to any subscriber who failed the bar exam. He submitted a sworn affidavit that he had by lan deWaal observed a number of his students go so far as to doze off during the Often confusing, more often unknown, the of Trustees" are subsumed under the heading course of his lectures, in spite of the fact that all his lectures are crammed full of necessary and interesting legal doctrine and are hiring and promotionpractices ofa university do not "Procedure for Academic Promotion." The liberallysprinkled with humorous anecdotes and comments. usually come under scrutiny until a favorite guidelines mandate a consideration of a professor's Plaintiff alleges that the proximate cause of the drop-off in professor is dismissed or denied tenure. Yet, both mastery of subject matter, effectiveness in teaching, student attentiveness in his class is the false hopes held out by the hiring and promotion criteria for the Faculty of scholarly ability, effectiveness of University service, SURE-FIRE, Inc., and the assiduous promotion effort of Miss Rose Law and Jurisprudence are clearly outlined in the continuing growth and length of service, though no Faculty's bylaws and in the "Policies of the Board of minimumis required. and her co-workers. Plaintiff insists thai his cause of action should take the form ofa Trustees" of the State University ofNew York. Promotion of a faculty member must be class action, because the future fortunes of his entire class of 200 Appointments to the School's faculty are approved by a majority of those members on the considered by the standing committee on Promotion and TenureCommittee whohave a higher seniors are at stake. Defendant interposed a motion to dismiss the action under appointments which is chartered by the bylaws of faculty rank than the current rank of the candidate CPLR 321 l(a)8, attacking the method of serviceused by the plaintiff. the Faculty. Membership of the committee consists under consideration. The granting of tenure musl be Defendant Dolly Rose on Feb. 15, 1973 was giving an outdoors of the Dean, ex officio; four faculty members approved by a majority of ail members of the sales talk on Ihe campus of Sunsplash University in Arizona. She was elected annually Tor one year terms by the faculty at Promotion and Tenure.Committee. This. Committee exhorting members of the senior class of the law school there to buy large; and three students selected by the StudentBar which reports to the President of the University is composed of the Dean who serves as chairman and SURE-FIRE's review program. Suddenly a helicopter appeared in the Association. blue skies above, and the nexl thing Miss Rose and the others knew a Three sub-committees do much of the legwork all members of theFaculty having tenure. shower of paper leaflets descended upon them. Curious to know the of the Appointments Committee: Subcommittee on All recommendations for promotion and tenure message of the mysterious missives, Miss Rose picked one up and read Minority Appointments; Subcommittee on Women are reviewed by the campus President before being forwarded to the Chancellor of the State University it. It turned out to be a summons and complaint in the present action. Appointments and the Subcommittee on Ten. Although the summons named a "Rosie Doll" as the defendant, and The subcommittees on Minority and Women for finaldecision. this was urged by defendant's counsel as a fatal defect of the Appointments actively recruit professors in their Now the scheme of promotion gets complicated. summons, this court chooses to overlook this inversion and to categories by reviewing the law teachers directory, There are a number of ways that an instructor can be characterize it as a mere case of idem mnans. contacting acquaintances and members of other promoted or rehired. The initial appointment of a Meanwhile, back at the Grimetown Law School, (he faculties, and interviewing at the annual convention faculty member is most often for two or three years. plaintiff-professor, in another bold move, secured a court order in of the Association of American Law Schools After the first year of a two-year appointment or the conjunction with his initial injunction against the tape review (AALS). The Subcommittee on Women second year of a three-year appointment, the company, which authorized sheriffs deputies to attach any and all Appointments additionally sought aid from the instructor must receive notification as to whetherhe "tapes" of SURE-FIRE which might be found on the premises of the Committee on Equality of Opportunity for Women will be reappointed, promoted or dismissed after the law school. in the Legal Profession (AALS) and is currently last year. At 7 p.m. on the morning of February 15, 1973, a squad of awaiting publication of a "Women Lawyers; An Assistant Professor automatically gets tenure sheriff's deputies staged whai amounted (o a lightning raid of the Supplementary Data to the 1971 Lawyer Statistical after serving seven years on the Faculty. An Associate Professor, however, can only receive one student locker room at the Law School. Showing a search warrant to a Report" by the AmericanBar Association. burly custodian, they bowled him over and proceeded to pry open The Subcommittee on Ten is considering only three-year term appointment. After that, tenure student lockers looking for ihe bar review "tapes." Two SURE-FIRE those ten appointments to be made during the must be granted or he will be dismissed. Therefore, if tapes, one on Admiralty Law and another on Pre-Neanderthal Law coming years which are slated for persons of joint an Assistant Professor is given an original three-year were uncovered by the law enforcement officers, and confiscated by law and social science competence. No active term appointment, followed by a three-year term recruiting is done by this Subcommittee. Rather, it appointment as an Associate Professor he must be them. The basic question of law presented by this suit is whether an considers only paper files submitted by the given notice after his fifth year on the Faculty eminent academic authority on New York Law. such as the plaintiff Appointments Committee as a whole. whether he will be given tenure. If tenure isn't undoubtedly is. can prevail in a proceeding on behalf of his pupils to After the deliberations of the Appointments granted, he has a year to seekalternate employment oust a "pre-recorded conglomeration of lecturers," as described in Committee are complete, the names of successful at another school. plaintiffs brief, from Ihe premises of the law school building where candidates are forwarded to the faculty for approval. If an Assistant Professor is granted an initial plaintiff holds sway. In deciding this matter, we must restrain our own Two thirds of the full voting faculty must vote three-year term appointment, followed by a second sympathies toward the young, attractive defendant, and judge the favorably before a name is forwarded to the three-year term appointment, if a third three-year administrationof the University for appointment. matter solely on the merits. appointment is forthcoming, he will automatically Once a professor has been appointed he has a receive tenure. However,he can lose his appointment In regard to the first issue, we hold that the manner of service, though novel and unprecedented,ought to be allowed. It is about time "term appointment." He now enters the second after the second term if so decided by the that the stuffy confines of the CPLR as lo permitted methods of phase of his evaluation procedures. This matter is in Committee. service, were breached. Service by helicopter is a modern device the province of the Committee on Promotion and worthy of incorporation into the CPLR and wo are indebted lo the Tenure, Under this committee is the Subcommittee Once an Associate Professor has been granted plaintiff for blazing the trail for us in this important aspect of civil on Visiting Committees which appoints Visiting tenure, his position will be secure and he may be "tapes" the However, attaching faculty as the manner of Committees for each to procedure. member which sit promoted to fullProfessor at any time. Finally, the Board of Trustees has determined secteled in student lockers, we agree with counsel for the defendant, continuously. Consisting of three tenured faculty members that a mandatory retirement age of 70 be Mr. Herman Weiss, that defendant's 4th Amendment rights were impermissible incursion into and two students each, the Visiting Committees are implemented. Article XV of the "Policies of the violated. The sheriff deputy raid was an Ihe privacy of defendant and her employer-corporation. The responsible for visiting classes, evaluating teaching Board ofTrustees" states that Ihe appointments of therefore have to and Pre-Neanderthal and bringing together materials on the candidate. faculty members reaching the mandatoryretirement tapes will Admiralty confiscated Currently, of seven Visiting Committees, only three age may be returned to the defendant. be renewed annually for one-year terms ought this be have their full complement of student upon approval of the Chancellor and the Board of to case In the interests of justice, we believe rehearing. representation. for a So ordered. Trustees. remanded to the lower court Lucius Q. Paddlefast The guidelines for promotion end tenure t r4 Such is the "statutorily" defined life and death Court Reporter out lined in Ar tick1 XII of the "Policies of the Board of a Law School faculty member. *«—■-. Law Review Honors Barry Bassis GAY SERVICES DESTROYED Amtowaga Promotion & Tenure ...... ,„ �April 5, 1973 THE OPINION LALUMNI INE by Earl Carrel Alumni Association membership increased by three the past month and now totals 234. You can joinby sending in your dues. Please use the couponat the bottom of during this page. * • • * • A reminder about the Continuing Legal Education program sponsored by the Law School and the Division of Continuing Education at U.B. The first lecture has already gone by, but there are still five more to go. For more information call 831-4301. (Law Students Free) * * * � � Almost everyone who attended U.B. Law School from 1957 to 1971 knew Marion Dean. Mrs. Dean, registrar at the Law School for 14 years until her retirement in February, 1971, died March 21, 1973. She came to the Law School during the time when it was a private school, stayed through the merger with the State University of New York and saw the beginnings of the great growth of the 19705. Professor Jacob Hyman, former dean, has called Mrs. Dean "a very capable, dedicated woman who had a very clear idea of the operation of the school." * * � * * The political year has begun again and many of our Alumni are running for various offices. To all of them we extend our best wishes for successful campaigns. *****lawyer in Buffalo, died Albert M. Kraus, '23, retired 1973. March 4, ***** William K. Buscaglia, '29, has announced his retirement as Erie County Finance Commissioner. ***** Michael G. Wolfgang, '53, has been appointed assistant New York State attorney general in charge of the Western New York area. ***** Alan S. Birenbaum, '67, has formed a law partnership with offices in Rochester and Brockport. The firm will be known as Birenbaum and Vorassi. ***** Ronald J. Axelrod, '69, has become associated with the Rochester firm ofWeiner & Lawrence, P.C. ***** Daniel E. Seaman, '71, has returned to Western New York after serving, along with his wife, on the Rosebud Indian Reservation in South Dakota. The couple spent one year in the VISTA project. ***** Theodore J. Mlynarski, '72, is confidential law clerk to Broome County Judge Stephen Smyk. 5 Letter From President Gridley Dear FellowAlumni: instruction given competently by fellow The year 1973 has already proved itself to be a practitioners with demonstrated proficiency in their of for the Law School: year promise expectations of fields. Nevertheless, the law school continues as the occupancy of the new building on the Amherst fountainhead of serious learning where the same Campus are rapidly approaching reality; our Law subjects appropriately may be studied in greater School continues to gain prestige as recent depth and with more academic thoroughness. Our accreditation moves it among the nation's top law school has assumed such a role and may be schools. The student body is expanding in numbers, expected to continue to do so, and to expand talent, and geographical distribution throughout the programs valuable to the practitioner, provided the country. Against this backdrop, the Law Alumni school is informed of the practitioner's needs. Finally, it is the student body which most needs Association cannot help but assume a more important role in its service to the profession, and and desires contact with the active bar. In a short this properly service would appear to be a stronger three years, the student's concern rapidly shifts from liaison between the graduate practicing lawyer and mastering the subjects presented to him, passing the his law school. bar examination, and finally, job placement. In alt The Faculty of Law and Jurisprudence wants too short a time, he is expected to become steeped and needs to know thereaction of the practicing bar in thelaw, but in that timehe has minimal exposure to its curriculum and ultimately its finished product. to the realities of practice. Over the years, the merits The accusation of ivory tower disinterest can be of legal internship have been hotly debated, but the leveled at both camps, if neither makes an effort to conclusion remains that yesterday's student is maintain effective lines of communication and to today's lawyer with all the indicia of competence exchange informationrelevant to each of them. That and good judgment which the public is entitled to the law is not static is a truism, but the changes expect. Historically, the first year or two after represented by new statutory and case law, to which graduation is looked at by most lawyers as the classroom is very receptive, nevertheless may be internship, but the students themselves have slowly absorbed in practice because seldom, if ever, recognized the need for exposure to the vicissitudes does the law turn its back on what has gone before. of practice before they enter it. In this respect, wi'h The Faculty needs and values a continuing dialogue faculty help, they have become seriously and with the practitioner as to theproper thrust of the effectively engaged in clinical programs during law academic program which they conduct. school, primarily giving aid to the indigent. These are The practitioner, on the other hand, must value highly commendable programs, serving the needs of the academic and scholarly input which can come the indigent client, the community, and the student only from places of higher learning. A busy practice who gains valuable clinical experience. It is in this suffers from inevitable specialization, whether by area that the practitioner can be of particular help to choice or by chance, and the demands on one's time the student by giving of his advice and the benefit of seldom permit a thorough or enlightened his experience whenasked. examination of new developments outside one's own It is the objective of your Alumni Association to area of interest. The infusion of new concepts on a maintain the bridge between your school and its regular, continuing and reliable basis must come graduates. Through your board of directors, that through the law schools to its students, who bring should mean a fruitful relationship between the new knowledge and fresh ideas to the profession faculty and students on one hand, and the practicing annually as graduates. As in any endeavor, a lawyers on the other. The Associationlends financial continuing supply of intelligent, well-trained new support, to a modest degree, to those programs graduates is the necessary regeneration of the life carried on by the students and the school which are blood of the profession. It is the duty of the felt to be beneficial and constructive. The Law practicing bar to see that this new talentis properly AlumniAssociation is not another bar association: it assimilated in its ranks if the regenerative process is ; is a vital link between (he fields of training and to function fully. If the practicing lawyer feels a accomplishment, with an ear cocked perceptive to proper concern for the product soon to join him as a change. The continuing financial support of all colleague, whether as opponent or associate, that alumni is urgently requested, and your continuing concern should commence with the day the student interest, whether individually or through your board of directors, is earnestly welcomed. enters law school. Very truly yours, In the area of continuing legal education, we are faced with a proliferation of "how-to-do-it" JohnH. Gridley, President . Court Threatens Reporter's Sources ***** Continuedfrom page 10 The case for an absolute privilege in the trial itselfis a little harder to make, because there any limitations on the privilege are subject to greater safeguards against abuse by the proponent of disclosure. The trial judge could, for example, require that the proponent demonstrate that the reporter's testimony is unmistakably relevant, and that it What do the following men have in common with reference to critical and not cumulative,and the State University of New York at Buffalo Faculty of Law and is if necessary could scrutinize Jurisprudence? evidence in camera to weigh Prof. William M. Beaney probative value against damage to President Robben Flemming the reporter's relationship to Prof. Leon M. Liddell sources. The difficulty comes Hon. Reid S. Moule when one tries to decide exactly Bethual M. Webster how the privilege should be Prof. Clarence Ferguson limited. Both friends and enemies JusticeWilliam J. Brennan, Jr. Answers may be submitted to the Opinion. The correct answer and the names ofany winners will be announced. state Thomas G. Sellers, '72, is a Lieutenant in the U.S. Army and has graduated from Artillery School at Ft. Sill. OPINION QUESTION BOX '72 Grad is #0 City Court Judge las" Salamanca. , Class Year Dues: eiAftn j $10.00 things than thai have produced conspiracy trials. Again, qualifications of the privilege means that lawyers and courts will be tempted to open it up; this produces uncertainty, which promotes suspicion in the sources. "Who do you trust?" The basic issues, then, are whether reporters can be trusted toassert an absolute privilege only when it is vital to their relations with sources to do so, and whether prosecutors can be trusted not to try to pry open limited privileges in order to harass reporters. In the present political climate, I personally would (rust the reporters more. Robert W. Gordon, an assistant professor of law at SUNY/Buffalo, was formerly a reporter for the Louisville Courier-Journal andNewsweek. I University of New York at Buffal° Law School Alumni Association *7Q School, ThomasC. Brady, a 1972 graduate of the SUNY/B Law L. Keed. has been appointed City Judge in Salamanca by Mayor Keith Kelley who L The young attorney succeeds former Judge Thomas bench. Judge Brady retired month after more than 26 years on the >mmediately was admitted to the Bar February 20. He began his duties j after being sworn into office. Hutcheson in He is associated with attorney Homer A. of limitation can put thehorribles on full-dressparade. The qualifiers imagine the reporter standing by as Don Vito Corleone garottes Barzini, or hearing Don Vito's confession to the murder, but asserting a privilege not to speak in the trial of an innocent parly. The most frequently advocated qualification on the privilege therefore is that it be unavailable if the reporter has actually witnessed a crime. The absolutists would probably reply (hat serious crimes are rarely committed in the presence of reporters, and if they were, the reporters would not then assert a privilege. In practical effect, they would argue, the qualification is a prosecutor's loophole. Reporters barricaded with protesting Indians may see them destroying government property. Or they may hear Abbie Hoffman tell seven people of his plan to strip all U.S. policemen and paint them blue; stranger Name Address Mail to: Law School Alumni Association 77 West Eagle Street Buffalo, New York 14202 *7 A { gif j J �April 5,1973 THE OPINION 6 Court Threatens Reporters' Sources by Robert The Press Needs a Shield by Gordon Elwood Wardlow Buffalo Evening News Managing Editor, Assistant Professor ofLaw 11 is not good for the press to be too much in the news. It is their There's no particular misfortune that the issue of whether the law ought to shieldBut the free press of America is feeling reporters from revealing confidential information of sources should have been raised so dramatically and publicly in thelast year. The U.S. some anxiety. There are some things out there that look Supreme Court's decision in Branzburg v. Hayes,-.. U.S 92 S. Ct. 2649 (1972) (known as the Caldwell case) forced the issue into the like threats. Some of them appear to be open, and by so doing has threatened an apparently functioning getting bigger than a man's hand. And it's panic. system of mutual accommodation between law enforcement officials and the press. It has started legislatures on the backbreaking job of trying to describe with precision when reporters can and when they can not be forced to reveal their sources. Reporters are naturally fearful of what will happen when their rights are spelled out with formal clarity, especially since the proposed legislation presents their enemies with a nice chance to get in a few kicks at the press. But reporters are in the soup now, and the problem is to get them out in ways that are legally and politically defensible, or at least not to make their troubles any worse. The alternatives for the press seem to be two: I) let things cool down and continue to rely on the goodwill of the authorities and whatever First Amendment arguments Caldwell may have left them (continuing to go to jail if the authorities are uncooperative and the arguments unavailing); and 2) press for an absolute or limited privilege not to reveal confidential information in federal or state statutes. I want to disclaim any special expertise in or profound reflection upon a subject that has prompted 59 bills so far to be introduced in the Congress and has reduced even Senator Ervin to totalbafflement. But anyone who struggles to keep up withboth the news and Supreme Court decisionshas opinions, and here are mine. time to drill them dead in their tracks. The U.S. Constitution guarantees a free press. That means that the whole process of news gathering, evaluating and communicating should be free of governmental restriction or interference. It doesn't always work that way. It never has, fully. But there seems to be more flak and hassling in the last few years. The press is concerned. But something new has been added the public is growing concerned, also. More and more people are comprehending that restrictions on press freedom herald restrictions on all the other freedoms as well. The media are a central factor in everyone's life these days. Accordingly, people are monitoring our performance more closely than ever before. They expect us to give our best. And as a corollary to that, they realize that we can't do our best if we can't Caldwelland the Status Quo get at the facts and then print them. Should things be left as they are? I do not think so. The Caldwell I'm sure some of you are tempted to say: case makes it pretty clear that newsmen will find the First Amendment "Right on! We'll help you fight all those a slender reed. The opinion of the Court addresses itself to most of the would-be censors in the Nixon major situations in which newsmen are likely to claim the privilege not Administration." to speak, and tells them they must speak. The decision thus removes And partially at least, that impulse is wejl the doubts that once caused prosecutors to tread delicately lest they squash Constitutional sensibilities. (See, e.g., the U.S. Attorney warranted. Some of the current officialdom General's "Guidelines for Subpoenas lo the News Media," Department in Washington most notably Vice President of Justice Memo. 692, Sept. 2, 1970, which sought to limit issuance of Agnew and Dr. Clay Whitehead, the have subpoenas to the press out of the recognition that "compulsory President's adviser on broadcasting process in some circumstances may have a limiting effect on the touched off alarm bells among newsmen. But that's really only part of the picture. exercise of First Amendment rights.") Moreover, even if one takes comfort from Mr. Justice Powell's hints, in his concurring opinion, that the First Amendment continues to protect newsmen from It's An Old Story harassment by grand juries who fail to show a "legitimate need forlaw Threats to press freedom aren't new enforcement" (92 S.Ct. at 2671), one ought to see that any citizen can inventions. The first man ever to beat a claim protection from harassment and that the precise issue is the jungle drum probably felt the heavy hand of needs of the press as balanced against the needs of law enforcement. And Caldwell shows that when the Court balances, thepress loses. It is the censor on his arm. Most of the printing hard to picture a petitioner-newsman preparing a fuller record thandid presses that have ever existed have suffered Caldwell, Branzburg, and Pappas lo support the proposition that a interference of some kind. reporter's sources wither on the vine once he starts baring his soul to Most of the media outside of North grand juries. The Court was not impressed. This is not surprising. The America and Western Europe make no immediate interests of the grand jury or trial court are clear and pretense of being free of controls and even palpable: wrongdoings must be investigated, criminals indicted and those two continents have had an uneven convicted, the whole truth uncovered. Against this the reporter can history. only stammer guesses about the damage done to his work, guesses he everyone likes to look Let's face it knows in his marrow to be certainties; but for all that, not hard proof. good and to have popular support. And the He has to defend an intangible process, the suppression of obviously useful facts today as investment in speculatively useful facts thing that can thwart that desire most surely is an unsympathetic press. tomorrow. Justices on the High Court rarely reach it after a career on It's second nature to those in public life the police beat of the Gazette; they cannot be expected to know that it may take a reporter years of hustling for contacts who will talk to to try to fudge a bit. And sometimes they go each other as if he were not there or telephone his number when they far beyond that. have a grievance. - - - — — - Why a Statutory Shield? But before going all out for a statutory privilege, we ought to ask why one is necessary. After all, if a reporter has knowledge relevant to crime or wrongdoing,why should his obligations differ from any other citizen's to disclose it to the authorities? Perhaps the question can be best approached by describing the sorts of situations in which a reporter is most likely to assert, and society arguably ought to grant, a privilege againstrevealing his sources. Ones like these: 1.A government! (or company) official innocent of any wrongdoing, or at least a lot less guilty than the other people involved, reveals to a reporter that officials in his department have been clandestinely bombing Ruritania, shaking down bricklayers,conniving at. welfare fraud, permitting thousand per cent cost overruns, and awarding plumbing contracts to their brothers-in-law. The official who confides this knows perfectly well that when the story comes out there may be grand jury investigations, civil suits, and hearings before legislative or administrative bodies, and that everyone will want to find the helpful fellow who blew the whistle. But he does not want them to find out, because (a) he may be involved himself and (b) even if he isn't, he will probably lose his job or be reassigned to lifetime service as a Weights& Measures inspector. 2. An enterprising reporter decides to research a feature story on Continuedon Page 9 -There have been many proposals for public review of media performance. A recent one by theTwentieth Century Fund is ambitiously mounted; it calls for an unofficial national panel to collect public complaints and assess their merits. This is an attempt to make the press answerable and that, in the view of mostnewsmen, is exactly what's wrong with it. The Constitution, they feel, deliberately stated that we will never have to explain or beg approval. -"Right of access" has been proposed to make sure that everyone who feels he has something to say will have a chance to be heard. And indeed, some of that concept is incorporated into the broadcasters' licenses. - But the print media have resisted the idea of someone other than themselves dictating that this fellow or that group should receive an allocation of space. It strikes most of us as flagrantly contrary to the First Amendment. —Closed meetings have always been a problem, especially at the local levels of government. When neither the press nor the public is allowed in on public business, there's a high potential for mischief and miscarriage. The press has been asking the New York State Legislature to pass an open meetings law but insisting that it be a real one, not the paste-up that's currently emerging in Albany. "Executive session" still means closed meetings. - .. -"Open records" legislation is also pending in Albany, but is also largely unacceptable to the press because of eleven provisions that preclude access to various records. —Judges' gag rules are a hindrance. The judges who won't permit types are legion cameras in the courtroom ... or who try to stop newsmen from printing things that take or who, in a few place in open court cases, have closed the entire trial process to the public ... or who seal records for whimsical or willful reasons ... or who attempt to silence public dialogue about court operations or cases. (I might add that Western New York has had very few such afflictions, and we're grateful.) -Libel, these days, is a greately diminished problem. The Supreme Court rulings of the past 15 years have expanded the limits of what could be printed without legal jeopardy. That has resulted in the press digging deeper and hitting home more ... - often. So much for the panoply of legal and other harassments in our profession. Obviously, some of them are more serious and more current than others. Lots of Angles I would like to explore three at greater The current threat does not come only length, as follows: from the Executive branch of the Federal Government. To wit: The Confidentiality Stew -There are lots of problems at the state Several reporters have been jailbirds and local levels as well. lately. And since the Supreme Court in a 5-4 -There is a good-sized flap going on in decision ruled that newsmen do not have a the courtrooms. A number of newsmen have constitutional right to shield their gone to jail because they placed their role as confidential sources, a lot more could spend reporter higher than their role as a witness in time in jail too. the legal process. So most of the press is urging Congress to -Secrecy within all levels of provide a shield through legislation. governmental bureaucracy is a vexing They'd like a federal law to protect the problem. A lot of it is not warranted. confidentiality of a newsman's sources, and -Taste is an endless dilemma. Every put his confidential notebooks and files newsman wants free expression but does beyond reach. that mean freedom also for material that is Dozens of bills have been offered in morally rotten or offensively crude? Congress some providing total protection The licensing procedure, for and confidentiality, others going only part broadcasters, is a triennial gauntlet. A lot of way (the same scattershot pattern exists broadcast people have the idea that the best among the nearly 20 state "shield" laws way to stay in business is to do exactly what enacted so far). the FCC seems to want. Continued on Page Ten — — - — - �Aprils, 1973 THE OPINION 7 Public Broadcasting & the Law Interview with Robert San George by Matt Greenblatt Robert San Geotge is a graduate of I somewhere is consciously making a Syracuse University where he received a idecision to keep out of it. Management B.A. in political science and a B.S. in ialso may be purposefully their preventing television and radio. Presently he is news inewsmen from pursuing the more producer for WBFO radio, Buffalo'sI hard-hitting material. Most newsmen are non-commercial public radio station■verbally and actively defiant, but a operated by SUNY at Buffalo. Also,he is a i significant minority become quite timid co-instructor in an undergraduatecourse at when it comes to action. U.B. in news writing. While at Syracuse Mr. San George spent five years in the news Cigarette Ad Ban's Effect department of WAER radio, which is run An allied cause in the drop of by the University. In his last year at documentaries in commercial T.V. is the Syracuse, he was the station's program ban on cigarette advertising. This director. Previous experience in the news represented a significant decrease in field includes a summer internship at revenues for the period immediately WBEN radio and T.V. here in Buffalo. subsequent to the enactment of the law and the first thing to be cut was OPINION: Do you feel that newsmen documentaries which, besides being the should be asked to divulge any information most controversial, are also very expensive that their news sources might have given to produce. In fact, the economic them concerning the alleged commission of considerations are something worth discussing. I should explain first that local a crime? SAN GEORGE: 1 advocate unqualified commercial and public T.V. and radio confidentiality of sources for reporters. stations .don't do much hard-hitting Someone once said that societies have been investigative reporting basically because of enslaved by politicians who are able to hide funding problems. Investigative reporting is information from the people, but a society very costly, because you're giving a has never been enslaved by journalists who reporter free-rein to do whatever he wants are able to garner information from for a long period, often months. This can politicians. There are some very obvious involve an expense account, traveling, situations where a reporter might want to paying the reporter's salary, and reporters reveal confidential information. If a frequently have to pay off news sources to newsman has knowledge concerning the get information. Local stations, for the future commission of a murder, for most part, are not willing to or can't make instance, I think it's pretty obvious that that kind of outlay from their profits. any reasonable man would speak up. However, on a network level, 1 think People will reveal confidential sources if there has been a definite reduction in the they feel it's justified. Generally though, quantity of newsgathering and news such situations are not the case, and it asks reporting. After all, the networks have the wrong question. For instance, although given the American viewer his most this didn't happen in Buffalo, it could consistent diet of hard-hitting investigative have: A man does a lot of investigating into reporting. Although programs like 60 no-show jobs in city hall. Then the D.A. Minutes still do some pretty heavy. decides to get the newsman to reveal his material, they can't compare to a program confidential sources and information which like The Selling of the Pentagon which the newsman has but did not publicize required months to prepare and ended up because it wilt save the D.A. and his staff a as a very hard hitting one-hour lot of work. But this is not how it should documentary. A feature on 60 Minutes work. The purpose of the press is to serve might last one half hour, and there is no as a catalyst for reform, particularly when way to get around it, that's fifty percent you're talking about government less material. Also, look at the kind of corruption. But the press cannot fulfill this things that the networks were doing in the function if those sources know they're early sixties, particularly CBS Reports with going to be revealed. The press reports Edward R. Murrow and Harvest ofShame should induce the D.A. to do his own that were going on the air every week. That investigating, but the whole process won't just doesn't exist anymore on a regular be effective if the press is made to do the basis. I still think that there are reporters D.A.*s work because those sources will on the network level who are really quickly dry up. Unfortunately, the champing at thebit to do this kind of work government prosecutors have been trying and who are willing to risk indictments and to do this which is why I support the jail. But I feel that basically management has been making deicisions in terms of absolute confidentiality ofnews sources. O: What has been the reaction ofyour allocations of funds. Although it is colleagues in broadcast journalism to the expensive, they still have the money and I current rash of indictments, contempt can't conclude anything else except that citations, and subpoenas directed against they're being intimidated by the present newsmen? administration to spend their money on S: Outwardly everyone says that less controversial enterprises. they're going to fight it. However, looking The Six O'Clock News at media generally since the Agnew O: What about the nightly news statements of 1969, some people in fact a instance, fighting For on broadcasts on a network level; have they are not it. network level, what kind of hard-hitting been affected? documentary has been on T.V. since 77ie S: Generally, I wouldsay that there has Selling of the Pentagon in the fall of 1970? been a drap off in hard-hitting reporting on the day-to-day whohave a controversial People in broadcast journalism decent amount of talent and about ten news although it is less in evidence than years experience make $15,000 or more a with documentaries. Again, the if it is a year which tends to make them feel secure, investigative reporting, even They don't want to jeopardize their jobs five-minute feature, is still more expensive jcontroversial interview, for because they're made to spend time in jail. than some non Those making the most courageously instance. Also, you'd better believe that in particularly younger country, certain of the parts defiant statements are the coasts, the newsmen who have less to lose. By and outside the East and Westfrom station large, there is a lot more "soft" news, that networks get a lot of flak items that is, non-controversial material. It's difficult officialsabout controversal news didn't like. I think it's a combination to tell which newsmen are oblivious to the they intimidation government's attempts at intimidation and of that and of government slightly less evidenced which ones are affected by It. Nonetheless, that has led to a reporting on a drop-off hard-hitting the in because of the significant drop-off in documentaries. compared amount of hard-hitting controversial nightly news an significant. Continued Page 8\ material, I tend to believe that somebody But it is still ' '" "Let's Test It!" Interview with Douglas Turner by John Levi The Opinion interviewed Douglas The Bureau man walked right L. Turner, Executive Editor of the into this office, sat down at the Buffalo Courier-Express, on March reporter's desk, and demanded to see 28, in order to get representative his notes. I'd date this about 1968. views from both the dailies of We had already made an agreement Buffalo concerning the conflict with their task force, which was between the government and the started in 1967, that we'd respond news media. An article from a with our negatives and notes to a Managing Editor of the Buffalo subpoena. The task force responded Evening News appears on page 6 of positively to that they did us the this issue. courtesy of subpoenaing these We are grateful to Mr. Turner for documents, and in most cases we felt taking a great deal of his time to talk that we were performing a public with John Levi of the Opinion. We service. But it had to be demanded think the experiences recounted of us as a matter oflaw. And I had below both represent his views and no hangups about it, and I still provide a valuable background for haven't. the current challenges to the press. OPINION: If an FBI agent came into this office and subpoenaed the OPINION: Our interest is in your notes or photographs of a reporter experience and your opinion as a doing investigative reporting, then, professional newsman What kinds of you would hand them over? pressure have you felt here at the TURNER: At this point in time, Courier-Express as a result of the March 28, 1973, at 2:30 p.m., I increased pressure on the news media would feel protected by the courts, since 1969 since Vice President if we felt we did not wish to give up Agnew 's speech? these things: that there would be a TURNER: My experience with fair test of theirneed to have them. I this issue goes back the last 13 years, would rather test the courts first most profoundly since 1964. That than test some ephemeral was my first awareness of an almost understanding of what we think we atavistic activity between politicians are, with respect to the People. I and the press. In that year, Gov. think we should first obey the. Rockefeller, in response to articles courts' order to produce either about corruption in the State Liquor ourselves, our arguments or our Authority and members of the State material, first, before standing up on Legislature, had imposed on the some pedestal and saying you have legislature an ethics bill, which this no right. Let there be a test of their paper and many others campaigned right in each instance. for very hard. To make the issues I would do all the things that one palatable for the average reader, the would normally do in a free society, issues became oversimplified the when one agency wants something issue of conflicts of interest. I think that's your property. I would not in retrospect some unfair lines were behave any differently today than in drawn on conflict of interest. The 1967. Let them react first. Let them Legislature overreacted to those show whatever there is in their bowels about the press, before we stories. The bill passed; the Legislature show some antipathy towards the didn't like it. The Governor brought People's lawful institutions. They're he was a still lawful. tremendous pressure I don't think that the law has different Governor than we have now. The legislators were very bitter changed one bit from the days about the bill, about the debate, before Spiro to the days after Spiro. about all the news stories some of Let the law show it has changed, which were right on the money, and before we show that we are less some of which I think were responsible to the People's right to overdrawn and they began know. threatening the representatives of the Now the third example. During publishers and the press and the the Attica riot one of our reporters, reporters themselves. They said, Richard J. Roth, Jr., was invited to "We're going to hit you with a group become an observor in the prison by libel bill next year." I guess this is a the inmates. The reason they invited kind of British libel bill. I remember him was because I'm rather proud we'd written stories in to this day the name of every one of of this the legislators who threatened me advance of the riot about the with that all of them are out of demands, the suppression of their office; we didn't do it, they just demands, and the lying that went on tripped on their own shoelaces, but about whether they had made it is an irony that they're alt gone. demands at all. Subsequent to the riot and the And they were not reacting directly to the ethics question, but reacting national publication of his series on in a way that they felt could hurt Attica, two gentlemen from Robert our business. It was a reprisal. Fischer's office approached Rick Sometime later a federal Roth and asked him to go through a investigative arm came into this little interview. Fortunately Richard office and asked for the notes of a called me up and I ordered him not reporter. This was about the time of to take part in this interview. I told the fracas at the Unitarian Church on him to tell the investigators that he Elmwood and Ferry Street. 1 have was under pain of discharge if he always had a tremendous icspect for discussed it and that they should the basic integrity of the KBl and all serve me. They came to see me and the investigative arms of the Justice asked for the interview. I denied Department always, until very them. It was a complicated problem. recently, until maybe the last few There had already been announced months. Cont'nued on Page 8 - .. - - - - — — - - — - �8 "Let's Test It!" Continued from Page THE OPINION that are employed by this newspaper. We have to probe it, or we don't write it. And once having written it, if we're going to have another story on it, we have to find out something new. We don't crank AprilS, 1973' confidential source is for our ust alone. The confidential source never leaves this desk drawer. We prove what we write, so we never need the confidential source. 7 ill � � a business which is through second and third hand that there would be a grand jury of animal here proceeding. a newspaper whose right to comment rumors in the newspaper as fact over What has created this problem? Rick was not a participant in the and print are undeniable. Still, on and over again. They are not up to reacted unpleasantly affair and was there in a quasi-legal the other hand we have here a the standards of investigative The courts have reporters who bragged fashion because the prison lucrative business franchise of the reporting employed by the two to a few superintendent had admitted him at government. I don't think that we newspapers in Buffalo. Although we about their confidential sources, the request of the other people: He can say that it's a wrongful were excited and stimulated by the whose editors let them brag. In my could not give first-hand testimony punishment to take away a political stories, we could not publish them opinion, this is bad reporting and to the whole event. He could only favor that's been granted as a for they were not up to the bad editing. It's sroppy. // you have impair our standing, his standing it political favor. It's a government standards of this paper. They were Inconsiderate. was a very mixed bag. It would never franchise it's like having a stand at not good journalism. The instances guaranteed a confidential source his be clear to me whether we had the zoo! in which we would print rumor or confidentiality, you don't mention Now I have to comment on what second- or third-hand information him! You protect the person right permitted the state to exploit whatever innocence existed in the the Post did. There's a number of here are very rare. We don't publish then. You never tell anybody that you call it unless we can prove it. And if we you have one. To me, what starts invitation to him. Too complex for dimensions to what this thing off is a violation of the me to allow him to leap into an investigative reporting. I'd feel better can prove it, we'll publish it. reporter's trust to a confidential interview. about the Washington Post stories on source. If a guy walks in off the I said to the two gentlemen from the Watergate if the Post had had street believing that you have a Bob Fischer's office to draw some Republican tinge. I cannot say a I was an investigative editor from function as a social instrument subpoenas let's test it. They never that the Watergate investigation and came forth with the subpoenas. I the way they've been handling the 1964 until I was given this job. I newspaper has a function as a social you he and trusts like never heard from them again, and story is a totally innocent matter. never needed a confidential source. instrument neither did Rick Roth. I did not say Sometimes political objectives get No reader of this newspaper ever he would trust a neighbor, I don't had know name. This man is a confidential want to his no, I said let's test it. We cannot mixed in with the copy. I did not knew that I innocently go into this thing in the feel that the editing standards source, because we never told them. protected from the start by our not background of whatever innocence imposed on the reporters of the Post We never said "A confidential source being able to identify who he is. You existed on the part of the State of in the Watergate investigation for says ." or "It was learned from a will never see us waving a New York Dept. of Corrections' example were up to the standards confidential source..." Never. A confidential source in the newspaper. representative in Attica, to their aware that the local affiliates do not want permitting the inmates to establish a to be responsible for the network news and constituency sufficient to agree on that a significant number of these affiliates, of an invitation. This is not a matter Continuedfrom Page 7 which is even five or ten percent, aren't law. They had no right to establish a For instance, CBS recently ran a very worthwhile and somewhat controversial, going to carry the network news, because constituency and they did. This may detailed report on the 200 million dollar but even most of these programs aregoing it's too controversial, then you'd better be getting a little hairy to you, but i grain transaction with the Soviet Union. to be eliminated next season if the believe that the network management is thought it was too mixed for him to The other networks do controversial Corporation of Public Broadcasting has its going to reactto thatbecause it means a loss give an interview from which they material to a lesser degree. CBS has way. However, at this point in time, these of advertising revenue. It's a very involved could draw questions for a grand probably been the most arrogant of the programs represent some good news thing, but in the end I think that's what networks for thelast fifteen years. Number broadcasting which is still on theair on the Whitehead's policies are designed to jury. I didn't say we would never go, one, they are in the most stable financial public media. accomplish. The government knows that I said let's see yourpapers. position and also they have a deeper they can't intimidate the networks Do the clamor you see OPINION: history of this kind of activity. is your opinion concerning directly, so what they are trying to do is to O: What a law as for shield this kind of recent suggestions by Clay Whitehead, influence the networks through the back antipathy toward lawful institutions? Nixon's communication chief, that door, i.e., through thelocal stations. TURNER: I thought that if Vice you — — * * - ***** - . - — Public Broadcasting and the Law President Agnew and his advisors and the President did not feel they could make hay with what he said in 1969, he would not have said it. Did he start it, or did he merely respond to a growing public feeling that there were too many abuses on the part of the media and that they had to be politically, for their political abuses? I believe that Agnew was not even the catalyst that he was the respondent or the chorus in a Sophocles play; responding, not innocently, but calculatedly, responding to a growing public unease about the way that the media had used their freedoms. Whether this is a justified urlease or not I cannot know because I'm not 700 million people and neither are you. I felt that was a response. I did not take alarm at that or at disciplined, - - subsequent events^ OPINION: What about the current politically inspiredchallenges the Washington Post's TV to franchise in Florida? TURNER: I can only answer that with a question, to defend my equanimity about the situation. Did the Washington Post come by that franchise through political means? Did they use political favoritism to gain that television franchise? Yes. It's a government favor. It's like certain airlines getting more mail to carry than other airlines. Certain railroads had rate cases decided in their favor because of their political power. Now we have two different kinds O: You mentioned that think the local stations' management, particularly outside the East and West Coast, are putting pressure on the network not to include controversial material Do you think this is a result of what, the government is doing or do you think this is just the supposedinbred conservatism that allegedly abounds in theseareas? S: 1 think it's a little bit of both. Actually, to be honest, the only places, even on the East and the West Coasts, where the networks don't get flak, are the major urban areas. There are small communities in Pennsylvania, New York, and New England that also contribute their share of complaints to thenetwork. Public Broadcasting O: We have been talkingnninly about commercial broadcasting. What is the situation in the public broadcasting field? S: In public broadcasting there has been a decrease in newsgathering for the simple reason that their funds have been drastically reduced. In my mind, one of the most hard-hitting news programs ever in the history of American T.V. was the Great American Dream Machine, whichran for a year and a half or two years. They stepped on a lot of toes and offended a lot of people. But if you're going to have hard-hitting news reporting, there is no way of getting around offending people. Unfortunately, because of the way public broadcasting is structured in this country, it is much too much at the whim ofelected officials. When programs started offending politicians, the funds were cut. This does not mean that there is absolutely no worthwhile news broadcasting going on in the public media. The Washington Weekly Review, Bill Moyer's Journal, Black Journal and The Advocates, for instance, are extremely members of the broadcasting industry "censor" themselves? S: Whitehead was basically directing his remarks at the commercial networks, because those are the people that Washington fears the most. The reason for this is that the networks are the ones with the most money to do the kind of reporting which will expose shady things that the government might be doing. But an analysis of what Whitehead said will show that they want to hold the local affiliates responsible for any news that they air whichincludesnetwork news. This means that some poor local station manager or program director is supposed to exercise some kind of editorial judgment regarding what he will air from the network news. Local Censorship of Network News Generally, every day the local stations get a run down of what is going to be on the evening news that night. It usually comes over an hour and a half before the news is scheduled to go on the air and, barring any major happening during that time, it is pretty accurate. Thelocal official is supposed to look over thislist and decide if he wants to be responsible for any feature that is coming down from the networks. There is really no way that such a person can exercise that kind of judgment because generally he does not even work in news, and isn't very aware of what goes on in the major newsgathering centers. These people are supposed to exercise judgment from afar. I think that's just patently ridiculous. If anyone is to be held responsible for what is aired, it's obviously got to be the networks. I think what Whitehead is attempting to do is to make local stations think twice about carrying anything that ccmes close to being controversial. If the networks; become O: What kind of responses do you think the broadcasting industry plans in the future to meet the challenge posed by the courts, the government, and intervention by law enforcement agencies such as the F.C.C.? S: A lot of the professional journalistic societies, such as die local press clubs and organizations like Sigma .Delta Chi, are lobbying on a federal and state level for stronger shield laws which would protect the confidentiality of news sources. There's a great deal of doubt about a federalshield law with any kind of teeth in it. What the journalistic societies are doing is lobbying for stronger shield laws on the state level. There has already been one passed in California with the avid support of Governor Ronald Reagan. There previously had been a strong law there, but the one passed is even stronger. Also, Nelson Rockefeller has come out for a stronger shield law in New York. There are only slightly fewer than twenty states with any kind of meaningful shield laws. The other issue is the government's hiding information from the press and the people, which was very much involved in the whole fiasco of Les Whitten, who is a Jack Anderson employee. He was never indicted, but he was charged with the possession of stolen documents which implies that the documents of the government are not documents of the people: in other words, that these files belorig to the government. This, to an extent, is what is involved in the Ellsberg trial. However, in the Whitten arrest, there wasn't even the issue of classification which exists in the Ellsberg trial. The documents that Whittenhad were from the Bureau of Indian Affairs and how could they be detrimental to the national security? This whole issue is coming to a Continued on Page 9 �April 5, 1973 Court Threatens Reporter's Sources Continuedfrom THE OPINION Looking for Cracks in the Facade 9 ppolicies; the art of goodpolitical freporting is description of how bureaucratic they work the wires backstage. It t barricade in the organizations, especially i:is surely no accident that this some group of habitual President's themselves office for a week, governments, like to work in /Administration, with its special lawbreakers: confidence men, Indians forcibly reclaim secrecy. If trouble occurs, they fflair for symbolic politics, has a moonshiners, drug pushers, sovereignty Page 6 over treaty lands. At least one reporter is usually at hand, allowed to hang around on conditions that limit what he will be able to report. In trials for conspiracy to cross state lines to foment riots, assassinate the President, kidnap the major-domo, obstruct the draft, the reporter may be called to testify to who said what and when. Large s c a conditions that are endemic, persistent, and usually unpunished. As for the various forms of anti-state activity, sit-ins, demonstrations, conspiracies, these require the services of the press to expound and dramatize their views. Society ought to know what its angriest groups are up to; and these groups ought to have resources of the kind easily commanded by the powerful to let it know. Here, too (quite aside from the question of whether prosecution of these groups has usually been a good thing), reporters have more social value as independent observers of reality than as state informers. The Caldwell Court thought it mischievous that reporters should be able to protect their sources more fully even than the government can protect its informers (which in some circumstances it is compelled to like to handle it their own way. special distaste for thepress. (Dan This has made the unauthorized IRather, the CBS-TV leak, not only of information but correspondent, tells of being of candid opinion of the conduct ssummoned before a White House of superiors, a necessary means of aide to account for his reporting. keeping track of what they are \What most irritated the aide was shadowed faces. He is asked not doing. The newsmen in Catdwelt tthat Rather talked as if he knew to publish their names or virtuously asserted that the leak is what was going on, whereas only preferred manner of evading the vital because in the long run it tthe President and Haldeman really authorities, and does not. The aids rather than hinders law \- knew.) There is a similar Mayor, tired of complaints from enforcement by encouraging j justification for coverage of thousands of decent citizens revelations of misconduct. Thatis 1habitual criminal activity. The alarmed that the wicked flourish true, but probably not as |press can tell people about aspects Of course, this is not an important as that, the leak (of social reality that many will in Centerville like the green bay tree, rouses the D.A. from sleep exhaustive catalogue, but it does furthers purposes that have inol learn about in any otherway. and asks him to get the grand jury seem to represent some of the nothing to do with enforcing the The interests of law enforcement 1 to subpoena the reporter. major types. It may help us to law: the maintaining of an ■ are little damaged by this process, 3. Black Panthers hold regular realize that something more independent and sceptical even if the reporter's refusal to f meetings to plan an action specific than assuring the "free perspective of observation on the I talk means that a particular program for the ghetto, antiwar flow of news" is at stake in the workings of the government. Part I bureaucratic or criminal demonstrators contemplate a controversy over the newsman's of the art of governance is the \ wrongdoer is not found and produce. Roviaro v. U.S.. 353 march on Washington, students privilege. Continued on Page 10 stage-management of symbols and | punished. The stories represent designed lo serve as a buffei between the i miii from far away places like the major trial may be a landmark case as far as the Congress and the President, on one hand, production centers in Boston (WGBH), issue of the documents belonging to the and PBS, NPR and the stations on the Washington, New York (WNET) and San people rather than the government, but I other hand. What has happened, Francisco (KPIK). These are essentially the don't see the situation changing that much. particularly with PBS, is that the same places that the programming comes I don't see the government being any more Continued from page 8 Constitutional head, possibly in the Corporation has decided that it is going to from wi th the commercial networks. secretive and I don't see reporters getting Ellsberg trial, as to whether these make the programming decisions. PBS has However, think he knows, and it's pretty better access to governmental files in this 1 documents belong to the people or to the a board of directors which is basically obvious, (hat the local stations findit very administration. I wouldn't necessarily government. made up of local station officials who are difficult to pay the kind of salariesand get conclude that if another conservative In my opinion, it is pretty obvious broadcasters. CPB is not generally made up together the talented people required to do administration were elected, it wouldbe as from American history that these of broadcasters; its members are quality hard-hitting programming. The secretive as Nixon's. I mentioned that documents are not owned by the Presidential appointees. Right now, on that smaller stations would find it impossible to Ronald Reagan, one of the more government,but are owned by the people. 15-member board, are eight Nixon attract even a few high-qualitypeople with prominent conservative figures in this If they are documents of the people, then appointees who generally vote together on creativity and the talent to put together country, supported a strong shield law in the reporters should have free access to the issue ofwhether they will take over the sophisticated programs. So you're talking California. I really don't think that this them. The Freedom of Information Act, programming functions from PBS. They about a situation where Mr. Whitehead, secrecy-of-informalion issue divides along passed a few years ago, has proved to be have in fact done this. Now they are and I suppose Mr. Nixon, want the local the traditional liberal-conservative lines fairly ineffective. This whole question of talking about eliminating some of the most stations to do the news programming when very distinctly. At least it remains to be secret information and public versus meaningful programming that has been really they aren't capable of it. shown to me that it does. government documents has yet to be seen on American T.V. (as mentioned In terms of the intimidation of the earlier). Thus the so-called CPB buffer has resolved. press, 1 suppose it's the same kind of O: What about the issue of been essentially circumvented by the I'd like to make one distinctionwhich answer. The definite pattern of classification? Howdo you feel about the Nixon administration with the support of will clarify my position on thislocal versus intimidation of the press will probably major production center issue. I do think con t inue under this administration. present methods used by the government? key Congressmen. S: I would grant that there are certain What I would like to see adopted is the that public broadcasting should provide Reporters will probably not be as affected things in the Department of Defense and kind of. system which exists in England. people an alternative on two levels. by ii in the future if we get effective shield the Department of State, which, for The BBC is known worldwide as having Because people get a lot of programming laws. If this is done, although the various reasons, you might want to classify. some of the most creative pioneering from the major commercial networks, 1 government can still attack the credibility But, what is very interesting is that during programming. How have they kept it think they should be offered the kind of of the press publicly (which has been World War 11, there really wasn't much of a immune from political pressures for all very high-quality, creative and pretty effective), one of the government's classification system in the government. these years? There was imposed a nominal precedent-setting programming that they most powerful weapons will be taken Reporters were told to exercise their own yearly tax on people who own television can get only on a network level from PBS away. I am, of course, referring to the judgment regarding things like troop sets. I think it's the equivalent of five and NPR. On the other hand, this doesn't jailing of reporters for refusing to reveal movement and they exercised very dollars on every T.V. a person owns. PBS mean that it has to be to the detriment of their confidential sources and their admirable judgment. If there is to be any now receives about 40 million dollars and locai stations. People watch local outtakes, that is, material which was not government classification system, it's got with all the T.V. sets in this country there commercial programming as well,and they used in the airing of the program. Finally, should be no problem in raising an equal, should have a meaningful alternative on the concerning thebusiness of thereduction of to be very narrowly defined. Funds forPublic Broadcasting or probably greater, amount with the local level from their own local public public broadcasting funds, I don't think 0: Earlier you spoke about the five-dollar tax. Under this kind of system, stations. Neither local nor national this administration will increase the reduction in public broadcasting funds. the money goes directly to the people who programming should be at the expense of funding to the levels the public media years ago. Right now, Whatis yourreaction to the vetoing ofthe decide how it is to be spent on the other,is and what Whitehead is enjoyed a number of way that this can suggesting that the local programming the people in public broadcasting are funds and what alternatives do you seefor programming. The only be circumvented and subjected to political should be provided to the detriment of looking for alternative funding thepublic media? think that is arrangements with some of the major S: As far as the vetoing, I think it's a influence is to repeal the law that allows national programming. I don't notion, given the bi-level aims of private organizations like the Ford real tragedy. Some of the most meaningful the tax to be levied and that has not been a practical Foundation, Carnegie-Mellon Foundation, England. why public That's the the media. and creative things, not just in news but in done yet in or the Rockefeller Foundation. At this the media art generally, were being done, system has worked so well there, and I time a whole reassessment is going on as to see something and still are to an extent, on public T.V. would very much like to Future Possibilities whet her public broadcasting should and radio. The way the system was set up, similar done in this country, because the continue to to be at the mercy ofgovernment funding necessary of that is run a 1thinkit was inevitable that somethinglike kind public O: What results or resolutions do you officials for its funding. The question now thiswould happen. An examinationof how really meaningful alternative in the whether the public media can get is the public networks operate will illustrate media would be opened up by the English think will be forthcoming to all the substantial funds from other sources so n c ws-related controversies we have what I mean. Congress allocates funds for type of funding. that it won't be as dependent on the O: You have alluded to the issue of discussed? the Corporation of Public Broadcasting government and so that it can maintain decisions (CPB) who, in turn, disseminates these who is to make the programming S: We have talked about four distinct some voice as to the programming whichis Who do you think funds, as it sees fit. to either the Public on the public media.decisions, the local issues in the present situation. These are a aired. It's hard to say if the people in Broadcasting System (PBS is the T.V. should make these reporter's right to the confidentiality of public broadcasting are going to be network), National Public Radio (NPR), stations or the networks? I am particularly the sources, the secrecy of information in successful but I would say that they'll be and to a lesser degree-, to the local public interested in your reaction toshould government, the general intimidation of able to preserve the status quo, that is, stations. In the past, these three Whitehctidnotion that local stations the press, and the reduction of funds for the level they have now (which is a organizations have submitted theirrequests do their own programming. S: 1 believe that Clay Whitehead's public broadcasting. As for the reduction from the past). Whether or not for funding to CPB and the Corporation to of news sources, I think they can return to what I consider the had divided up the funds as equitably as justification for what amountsactuallya confidentiality we're going to see stronger shieldlaws on a zenith of the public media, in the days of disbarring of PBS (which may possible. do state-by-state basis, and as I indicated the Great American Dream Machine, is The programmers themselves in PBS occur) is that the local stations should because they are earlier, I really don't hold out much hope questionable. Even back then, public and NPR made their own decisions as to their own programming touch with the local for any kind oC significant federal shield broadcasting was not doing everything it what would go on the air. That's how we obviously more in community. In other words, Whitehead law. It is tougher to predict the future of was capable of doing because of funding got some of the phenomenally creative said that while he was not opposed to the controversy concerning the secrecy of limitations and they could have used more Dream things like the Great news, tfie news should not information in government. The EUsberg imoney to do even more crea'ive things. Machine. The Corporation originally was hard-hitting prostitutes, gamblers, smugglers. Going among them and earning their trust, he finds out how they workand why, and takes pictures of their hands or backs or deeply v Public Broadcasting . American �April 5, THE OPINION 10 The Press Needs a Shield .' The Secrecy Enigma Daniel Ellsberg is on trial for giving away the Pentagon Papers when he had no authorization to do so. But Mr. Ellsberg, in his defense, makes the point that the papers should have been declassified long before that anyway, so what's the big deal? Les Whitten, one of columnist Jack Anderson's legmen, was arrested in the presence of some papers that had been stolen during the Indian uprising last summer in Washington. The charges were dropped soon thereafter, but exemplified a new worry for the press. If a reporter gets his hands on a governmental document before its formalrelease or declassification, does that make him a receiver of stolen Continued from Page Six have listened to dozens of witnesses. But The problem is that the thrust of a free neither is very certain about the kind of press sometimes cuts across another legislation that may eventually emerge if guaranteed right: Fair trial. Grand juries, indeed anyemerges at all. proseculers and defense attorneys wouldt In particular, there is a strong belief all, from lime to time, like to get at the that a bill that would give newsmen person who tipped a reporter about ai "absolute" immunityhas almost no chance criminal situation; or they would like toi of being written. get at the reporter himself, or hisi "1 don't believe Congress will pass an notebooks, to squeeze out whatever■ unqualified bill," Mr. Ervin said recently. helpful evidence he could contribute. Mr. Kastenmeier is even more And indeed that might on occasioni pessimistic. Not only does he doubt the help sort out the truth in its juridical sense. chances of an absolute bill, he says there is property? But few things could be more ruinous to a possibility that his subcommittee may If so, most of us are vulnerable; my the press in its public informing function; end up not writing any bill at all. That is own desk at any given time is likely to important sources would quickly dry up, because of the difficulty in reconciling the contain some such incrimination. And and editors and reporters would stay away differing views among subcommittee there wouldalso be many public servants from controversial matters rather than risk members, he said, and also because an or "leaks," if you prefer who could be becoming agents of the court system. increasing number of press groups are jailed for larceny or conspiracy. President Nixon said two years ago, So, if the court says newsmen have no taking the attitude that if the Congress special right to refuse to answer questions cannot provide absolute immunity that it is when the PentagonPapers case broke, that he would order huge amounts of material on the witness stand better to have no law at all. And prosecutors and defense attorneys There is also an awareness that even if declassified.Andindeed he has done so. and grand juries are increasingly insistent an absolute bill were to pass, it would But there is so much of it that the job about getting into reporters' notebooks.. probably be vetoed by President Nixon, may take forever. And there are probably How are we going to keep the jails and there is doubt whether the necessary little gnomes still working feverishly in from filling up? two-thirds vote could be mustered to every Washington office with rubber stamps marked "Secret" or "Confidential." There are some in the press who still override it, deny that we need shield laws at all, as long "While I'll try for an absolutebill," Mr. What most of those stamps really mean is, as the Constitution says what it seems to Kastenmeier says, "I think something short "Better Be Safe than Sorry." Rep. John Moss rammed an say. They're also nervous about casting any of it may emerge and possibly no bill at access-to-information bill throughCongress part of their future well-being into the all." ■ hands of Congress. I think personally that the pressshould a few years ago in an attempt to give Vermont Royster, editor of the Wall settle for a partial bill if that's thebest we newsmen a better foot in the door in Street Journal, is one such voice. can do. In most cases it would serve the dealing with federal agencies. And indeed it Columnist JamesKilpatrick is another. basic needs of newsmen. Some of my has helped. But it's a little like sending a But most of the American media have colleagues take a different view and would boy with a pail to drain the oceans. Newsmen are natural foes of secrecy. taken a more pragmatic view. They think prefer no law to a partial one, pinning their that until the Supreme Court gives us a hopes for a broader protection on further We would like to maximize open meetings, little firmer Constitutional footing, we'll efforts to persuade the Supreme Court to and open records, and public take a less "crabbed" view of the First accountability of public officials. need a protective law. We hope the bench and bar grow But what kind of a law? That's a Amendment. I'd like to close out this topic with increasingly of that mind also. that has Senator Sam J. the Ervin, question leading congressional expert on such words that John S. Knight, one of the TheBad Taste things, tearing draft after draft put of his senior sachems of American Probably every newsman in America typewriter and pitching them into the newspaperdom, wrote in the Detroit Free to Press March 25: would rush the barricades to defend on basket. waste "On March 22, U.S. District Judge freedomof expression in its broad sense. An unqualified excuse from testifying Censorship? Never! is sought by many, if not most, in the Charles R. Richey prevented President Nixon's re-election committee from But there's one area that has us press. But some also believe that newsmen do requiring reporters and officials of four increasingly up a tree and it's a tree with the Washington Post, the dirty limbs (as you will soon see, that is a not need, and should not have, suchbroad publications special status; they also fear that if Washington Star-News, the New York deliberate pun). As the press struggles to roll back, and everyone such Times and Time get status, magazine to testify and newsmen ever who gets a subpoena will start claiming he's turn over notes, tapes, story drafts and hold back, the hazards to free expression, a newsman (and so long as you have access other documents concerning the Watergate the pornographers have had a field day. They've come in like a bunch of squalid to a mimeograph machine, who's to prove bugging case. you wrong?). "Judge Richey said in part: 'This court squatters to seize great chunks of our There are 58 bills on this subject cannot blind itself to the possible chilling hard-won terrain. It's ironic and it's also pending in both houses. Some advocate effect the enforcement of these subpoenas embarrassing. There are many in the press and I absolute immunity; some partial immunity. would have on the flow of information to would be among them who hope the Some define newsmen as only thepress and, thus, to the public' newspapermen working for established "Yet the judge raised a cautionary note Supreme Court can find a formula to have newspapers, other include broadcasters, that 'it may be that at some future date the the best without also giving free rein to the authors and the underground press. parties to this case will be able to worst. Senator Ervin's most recent draft is one demonstrate that they are unable to obtain And in Conclusion that he considers balanced: It would grant the same information from sources other I am not as concerned as many other a newsman immunity from testifying as to than the movants, and that they have a compelling overriding politicians in high places confidential and and interest the newsmen about notes in his sources and mumbling nasty things about the press. documents but would not exempt him information thus sought." "The decision therefore lacks finality, I'm not even stewing yet about from testifying about a crime committed in since Judge Richey said only that he will them making suggestions about how we his presence. require journalists testify might improve our performance. the to or It was to the question of balance that not The critics must always stand ready to New Jersey Gov. William Cahill addressed provide information at this time. He also himself in late March when he vetoed an rejected the idea that journalists have an be criticized. And these days that's very absolute privilege not to testify under the true of the press people need to watch us "absolute" bill as going too far. carefully, because we're important to "While freedom of the press is one of First Amendment. "We must be vigilant and completely them. our most important constitutional I have a theory that the press is vigilant principles," he said, "there are other very dedicated to preventing all erosions of enough, and strong enough, to weather well-accepted rights of our citizens which constitutional liberties. in good shape if the critics try to organizations through conflict with this "Journalists and clearly come into press principle." may differ over the procedures by which translate their frowns into suppressive (New York Slate, by the way, has a press and all other freedoms can be action. shield law. It is "partial," but still preserved. I think we could fight that battle But there now appears to be pretty much by ourselves. substantial, in its coverage. The Buffalo But if we need help, I hope we can call Evening News received four subpoenas substantial agreement that the press must during 1972 that touched on potentially heed the distinguished Judge Harold on our friends in the law. confidential matters; we used this state Medina's admonition, 'to fight like tigers shield a couple of times and it did the job right down theline.' "For this is the way our freedomshave Elwood Wardlow is a Managing Editor nicely.) been preserved in the past, and it is the of the Buffalo Evening News. An interview only way they can be preserved in the with the Executive Editor of the Buffalo What is the outlook in Congress? Courier-Expressappears on page 7 of this Senator Ervin and his House future." Robert issue. Kastenmeier, W. I wish I'd said that. Rep. counterpart, : — : , < .. . - — .. - - - — - .. - - — - ' 1973 Court Threatens Reporter's Sources Continued from page 9 U.S. 53 [1957]). But this assumes that the press and prosecutor both want the same thing, to drag malefactorsbefore the public gaze. (Newspapers have sometimes, unfortunately, contributed to this assumption by behaving as if they were instruments of public vengeance.) Actually, they are after different things. The D.A. wants evidence; the reporter, at least the good one, wants a view of the texture of social life, a different picture of persons and processes than one gets from" custodial interrogation or cross-examination. Quite often the reporter is not looking for indictable misconduct at all; and wants a shield to protect him less against revelations of bad acts than to preserve a flow of confidences some of which may later turn out to be relevant evidence of bad acts. A Shield to Preserve the Flow of Truth This, I think, is the basic case for a newsman's privilege: the need to protect sources of information about possible misdeeds that flow to unofficial, independent organs without the job of either justifying or suppressing such misdeeds. It is no answer that newsmen are not likely often to be summoned to disclose sources. It happens, and every time it does it dries up some actual and many prospective sources for good. Anyway, if it hardly ever happens, all the more reason for not making a fuss about opposing a privilege. Nor is it an answer that the bundles of truncated wire-service stories, obituaries and bargain-of-the-week ads that pass for newspapers in most communities hardly justify the anthems recently raised on behalf of the press. There is enough good reporting around that deserves the shield. If there is a shield, should it be federal, or left to the states? Both. A federal,shield, to be effective, ought to apply to the states as well as to the federal government; but Congress ought to be especially carefulnot to pre-empt any possibly stronger state legislation in the field. Congress will have to act to change Rule 501 of the proposed Federal Rules of Evidence, adoptedby the Supreme Court and now awaiting Congressional approval; the rule excludes all privileges, including a newsman's, but a few in federal courts and sets a nasty little trap in cases where state law furnishes the rule of decision. Where the state has enacted a newsman's privilege, it might be held that Erie R:R. v, Tompkins, 304 U.S. 64 (1938) forbids the Rules to wipe out this kind of state-created right in federal trials,but it might not. An Absolute Shield If there is a shield, should it be absolute or qualified? This issue is hideously complex, but I think the answer should be: absolute. A qualified privilege is probably of little use to the reporter called to testify before the grand jury. In the Caldwell case itself, the Court of Appeals for the 9th Circuitheld that the grand jury could compel Mr. Caldwell to produce his notes of interviews with the Black Panthers only if the- government could show a compelling need for them. 434 F. 2d 1081 (9th Cir. 1970). This saved Mr. Caldwell, temporarily, from jail but did not satisfactorily meet the problem. As the Supreme Court, reversing, pointed out, you can't tell a grand jury that it has to show the relevance of the reporter's testimony to the commission of a crime, the identity of the perpetrators, or to establish that this evidence cannot be got by other means, when the grand jury's very purpose is to fish around trying to find out whether a crime has been committed, if so by whom, and what theavailableevidence is. 92 S.Ct. at 2266. The "compelling need" test must therefore be either practically meaningless or a euphemism for an absolute privilege; and there's no telling which way the courts would treat it. The last thing reporters need is such a highly unstable privilege; as many have already pointed out, they are better off without any privilege than with one that gives the illusion of protection without thereality. Continued on page 5 �April 5, 1973 THE OPINION Turn of the Screw by lan DeWaal A joint degree program between the Faculty of Law and Jurisprudence and the Program for Urban and Policy Sciences at the State University at Stony Brook will be initiated this fall. The four year program will lead to degrees in public policy (M.S. awarded-after the third year) and law (J.D. awardedafter the fourth year). The first, third and fourth years will be spent at the State University at Buffalo pursuing the J.D. degree requirements as well as researching a law and public policy project in the third year. The second year will be spent at Stony Brook in the first year core curriculum of the Urban and Policy Sciences program. During summer after the second year, participants will complete an internship in a public agency or community organization. A limited number of fellowships will be available to participants in theprogram. Additional information may be obtainedby contacting Mr. Wallin on the 1lth floorof the Prudential Building. The program for 127th commencement exercises to be held on Saturday, June 2, has been completed. The exercise will feature guest speaker Henna Hill Kay, Professor of Law at the University of California at Berkeley, who will deliver the commencement address. Professor Kay received her B.A. from Southern Methodist University and her J.D. from the University ofChicago. Ms. Kay was a member of the Chicago Law Review. She has served as Executive Director, Family Law Project, U.S. Department of H.E.W.; Fellow, Center for Advanced Study in BehavioralSciences and Law Clerk, Chief JusticeTraynor, California Supreme Court. She has also served on Governor Brown's "Committee on the Family" and was a Reporter, National Conference of Commissioners on Uniform State Laws. Her special fieldsof interest are "Conflict of Laws;" "Domestic Relations" and "Women and the Law." The Commencement will additionally feature remarks by Provost Richard D. Schwartz and the Honorable M. Dolores Denman, President of the Law Alumni Association. Information on dormitory housing for next yearis now available on the 1 lth floor of Prudential. For those students who prefer living off campus, bus schedulesand routes to the new building have not yet been decided. Currently, definite plans have been made only for bus service between the Main Street campus and the dormitories on the new campus. For those living in the Buffalo State area, there is a bus leaving from 1807 Elmwood Avenue to the Main Campus, hourly, twenty minutes after the hour between 8 a.m. and 5 p.m. on weekdays. The Dean's office often receives offers of special interest scholarships. One of these programs is being sponsored by the Mercer County Bar Association. If anyone in the school is from Mercer County, New Jersey, applications for ;ch >larships and loans may be obtained by writing to Richard M. Kohn, Esq., 28 West State Street, Trenton, New Jersey 18608. The amount available to each individual ranges from $300 to $900 annually. 11 Sports by Douglas G. Roberts Huddle b) Dolph Shayes With Spring fever rearing its ugly head, thoughts 6. This man holds the record for the highest number invariably turn away from the trivial irrelevancies of ofsanctioned 300 games in bowling. t he law to a far more engrossing and a) Elvin Mesger c) Billy Welu thought-provoking area namely, mind-bending, b) Don Carter d) Mike Stachowski brain-splitting sports questions. follows, following longestpunt. the exam which the He holds therecord for the In 7. yardsticks have been provided: a) Doak Walker A score of 0-3 qualifies the student as a genius. b) Don Cockroft d) Byron "Whizzer" White c) Steve O'Neal e) Vinny Tracy A score of 4-5 rates superior. - A score of 6-7 indicates that the examinee had better reasses his values. 8. Comebackof the year (1972-1973). a) Bobby Tolan c) Carlos May A score of 8-9 ranks the quizee as a person in b) Al Downing d) Lou Del Cotto need of custodial supervision. A perfect score of 10 results in automatic expulsion from law school. 9. This basketball superstar holds the record for most assists in one game. 1. He is the world's tallest malebasketball player. a) Bob Cousy c) Oscar Robertson a) Kareem Abdul Jabbar b) Fred Hilton d)Doug Roberts b) Swede Holbrook c) Cheech Letro 10. Coach of the year, d)Vasily Akhtayev a) Al Snyder b)Boom Boom Solomon d)MarkFinkelstein fly c) Jack Ramsey e) None of the above (i.e. ball 2. Ballplayer who caught the highest height of the catch). a)Wally Moon c) Joe Sprinz b) Bob Portnoy d) Wayne Terwilliger ANSWERS e 10. 3. Most free passes issued in one season. 1959 February Celtics, Boston with 28 a, 9. Corporate Tax in 2.956 B; Tax in 1.512 d, 8. a) Ryne Duren c) Mitchell Franklin b)Warren Spahn d) Bob Feller 1969 yards, 98 c, 7. 24 a, 6. '72 Fall Law, Criminal I in F's 13 d, 5. 4. Most consecutivebasketball points scored without Nationals missing. Syracuse with 1961 December, in 32 c, 4. a) Wilt Chamberlain c)Larry Costello c, 3. b) Oscar Robertson d) CharliePilalo '72 Spring, Conflicts, in 125 jaw.) Sprinz' broke impact of force The airship dropped (baseball an 5. Most foul shots made in one season. from ft. 800 c. 2. c) George Mikan a) Bill Sharman l.d,7'3.3" trip to the Sunshine coming week. Since the final issue of the Opinion will be a special picture issue, this will be the last column of "The Turn of the Screw" this year. If anyone needs information on financial aids or student affairs, matters, Wednesdays 9:00-11:00 and I am at the 11th floor of Prudential,feel free to call me anytime at Thursdays 11:30-2:00. Also, please 838-4576. If I'm not home, please leave your name and phone number. Belling ■ Second Moot Court Places the closeness between the winner Buffalo's Moot Court team, felt composed of oralistsLance Mark and and Mr. Mark merited recognition of efforts. David Schubel, narrowly missed top Mr. Mark'scompetition among the The honors at the Eastern Regional Competition of the Philip C. Jessup schools was very keen, but the real Buffalo and International Moot Court contest was between judges of the Syracuse Syracuse. The Competition held at competition were very impressed University on March 30 and 31. the quality of Buffalo's effort The regional competition was with that the team was organized on a round robin basis in light of the fact Moot Court Board by the State in the Our teams won't be there for all the fun and games and orange juice. Ail contests are qualified count 'em on the schedule NCAA sanctioned intramural games. Also the players will be working to furtherprepare themselves for the 10 game season. "Of course we want to win these games in Florida," No-Fault coach Mike Paskowitz said, "but our main purposes arc to get our kids in shape and to get some games under our belt. The trip increases morale and brings the team closer together." That's quite a chore, considering —- The final day for dropping classesis April 23. Also, students may now register for summer school sessions on the 11th floor of Prudential. among law schools from New York, fielded d) Al Katz the International Law Pennsylvania and Ohio. Buffalo and rather than Society as were the other schools. the same up with Syracuse ended The factual situation of the won-loss record. However, by the problem argued is that of the current complex cross-matrix means of controversy between Great Britain scoring the competition, it was their and Iceland concerning determined that Syracuse edged out respective fishing rights. Iceland Buffalo by a small number of points. that her less developed status Unfortunately, the team was claims her greater rights than that of affords runner-up status forced to settle for Britain. in the Best Oralist category as well. Assisting Mr. Mark and Mr. Lance Mark, captain of our team, in preparation for the in Schubel honors place was named to second competition were Jesse Baker, Tim name unusual to very is this area. It Toohey, Gary Schmitt and Joe the runner-up in this category, but Burden. the organizers of the competition Fla. 1st Stop for "Law" by Skip Hunter UB Law's IM Softball teams went to Florida during the semester break last year to play a few game's in preparation for the season's strong IM competition. The Shysters came back 4-5 and went on to the University IM World Series at Omaha, Nebraska, as the nation's third-ranked IM squad. No-Fault played an impressive schedule and that both Paskowitz and Shyster coach Pete Ruppar have 50 players each to choose from. "Of course it's very difficult to pick 15 players," Ruppar said. The teams will carry 11 players during the season and Ruppar hopes to have another 12-man IM J.V. squad. At press time, the way the team rosters shape up are as follows: Harry Hersh, THE SHYSTERS Bob Sichel, W. Taylor, N. Wong, Jr., - J. Levi, Joe Gerken, Pete Ruppar, J.J. Freeman, J. Solomon, T. Mullaney, Brian Miga, and this reporter. Bob Doren, Al Jim Augustyanski, A. gaining its fifth unprecedented World Herdzik, S. Slesinger, Gerry Schultz, Series championship thereby Mike Darmen, M. Paskowitz, R. becoming once again the nation's Tobe. J. Levine, Jack Finnerty and Number One IM team. Earl Carrel. "Our main purpose is to get the The Shysters and No-Fault may again the not repeat same feat this team in shape," Paskowitz said. That season but they're going to try by Florida sunshine is a good way to starting the season off right with a start. remained undefeated NO-FAULT throughout, Costanzo, �THE OPINION 12 more extensive Dean Comments This problem might be Continuedfrom page 3 ameliorated somewhat if we could reviewing existing programs, and secure additional staff to work experimental efforts such as the with many of our devoted alumni clinics. A slightly revised first-year who are also concernedabout this curriculum plan will be considered problem. We are plased to note, by the Faculty at its April however, that the law school will meeting. The first-year faculty be the beneficiary of a substantial have been very concerned about gift to the Universtiy, some of the legal writing aspects of the which funds will be available for a first year and we are attempting "top scholar program" to strengthen the legal writing comparable to the Root-Tilden program on an interim basis for program at NYU, although on a 1973-4. We hope to have an even somewhat smallerscale. We would more substantial writing program note, in this, regard, that we do available in subsequent years. not feel that a purpose of such a Student Body The Faculty program is to overcome "the expects to admit approximately somewhat defensive attitude of 300 first year students in the students as to their abilities." September 1973. We anticipate We believe that we already have thatadmissions will remain at that an c utstanding faculty and level thereafter. That is student body. contingent, however, on our Facilities We concur with the receiving additional faculty to team's appraisal of our new work with the larger student building and their praise of body. The admissions program for Professor Wade J. Newhouse. Our 1973 is not yet complete. new location will greatly improve Applications have remained at the the quality of living in our school. The team's same high levels as in recent years. Conclusions We expect that the Class of 1975 "serious question" regarding the future academically, of this school related only strong will be very and will include approximately to its concern that the University the same proportions of minority proper might not provide the and women students as in thelast support necessary to our achieving two years. It appears that the the poiential found by the visiting upstate-downstate balance in the team. We believe that such first-year class will also be support will be forthcoming. We are most grateful to the approximately the same as at visiting team and the counsel on present. The financial aid situation will i the Section of Legal Education of probably deteriorate somewhat in I the ABA for their high praise of the coming year as a result of our current position and their cutbacks in federal aid. The Law < optimistic outlook for oui future, School has no significant separate ; and we believe that the faculty endowment and no real prospects ; and students of this law school for raising the kinds of funds thai will in fact, justify the optimism would be required to provide i expressedby the visiting team. much student aid. - , - : < Smith ' Fellowships Awarded Seniors Yvonne Lewis and Linda Cleveland have been named to receive Reginald Heber Smith Community Lawyer Fellowships. These fellowships consist of stipends of $10,500 for one year, paid to the recipient while he or she is affiliated with a local Legal Services office. Initially funded by the OKO Office of Legal Services in 1967, the award is offered to recent law school graduates and young attorneys to serve at one of the more than 265 OHO offices through the U.S. Of the 1600 applicants interviewed this year across the nation. 150 were chosen to receive the fellowships. Approximately twelve applicants were interviewed here. The program was set up to secure representation for thepoor, advice for community groups, and assistance in the economic and social development of poor communities. Not more than 25% of a recipient's lime during the year may be spent on lest cases for thepoor emphasis is to be on legal reform work. Linda Cleveland, a 1970 graduate of Park College (outside Kansas City, Mo.), has worked forPrisoner Releasehere since October 1971, after spending the preceding summer working in a Neighborhood Legal Services office. She has been assigned to the office in WhitePlains. Yvonne Lewis, a 1967 graduate of Geneseo State College and a former case worker and teacher, has spent two semeseters and two summers working for the Legal Aid office here. Shehas been assigned to the Syracuse office. - A.B.A. Studies Press Shield American Bar Association President Robert W. Meserve announced that six representatives of ABA have been named to study journalists' shield laws and to consider an Association policy position on the controversial issue. Meserve first disclosed the intention to create the study group in a February speech before (he New England Chapter of Sigma Delta Chi, the professional journalism fraternity. The study panel will be composed of representatives of t wo ABA sections and one standing committee concerned with the shield laws subject. Named convener of the group is Judge David Brofman, Denver, mem ber of the Standing Committee on Association Communications. Also named is another member of this committee, Vincent E. Whclan, San Diego, Calif., attorney. Representing ABA's Section of Crim i nal Law is Daniel A. Rezneck, Washington, D.C., attorney, who is chairman of the section's Committee on Constitutional Rights. A second representative of that section is Paul A. Nejelsi of New York University Law .School, who is chairman of the section's Committee on Legal Research and Criminal JusticePlanning. Named to represent the Section of Individual Rights and Responsibilities were: Jerome J. a Retrospective by Earl Carrel nice to have 20/20 vision. Having 20/20 foresight would be great, but almosteveryone hindsight. Obviously, don't have 20/20 has 20/20 vision, because I wear glasses and 1 don't have 20/20 foresight, because I am writing this column. It is with my excellent hindsight that I look at the three years I have spent in law school. I might very easily say that if I had to do it all over again I wouldn't have gone to law school. I won't say that,because in three years I have learned a lot. Unfortunately, I have not learnedhow to be a lawyer. I always thought the reason for going to law school was to learn how to become a lawyer, but after three years I now know this is a lie, a fabrication, and a treacherous myth perpetrated upon the foolish. Undoubtedly this attitude will pervade the rest of my writing, but still, I will try to be as objective as possible. 1 came to law school for three basic reasons. My parents wanted me to be a lawyer, I had nothing better to do at the time, and in theback of my mind, I thought 1 might like to practice law someday. Now, my parents still want me to be a lawyer, I still have nothing better to do, and although f still may want to practice law some day, 1 find the idea very distasteful. I am very firmly convinced that there are many things a person can do with a law degree besides be a lawyer. However, just try to tell some of your fellowstudents this. As far as learning goes, I have learned about the law. I have learned the word is not synonomouswith justice or fairness. I have learned of the twisting, turning, tumultuous paths which the law follows. Most importantly, however, I have learned to question what people tell me. Not just the writings of men and women of whom nobody has ever heard, but the deeds and promises of those persons with whom we have to deal in every day life. In other jwords,law school has taught me to distrust. My naivete has slipped away to the point where I cannot believe any promise made by a university official until I see it in action or effect. Certainly there are a number of faculty and administrators here who are honest, hardworking, truthful and willing to give a student or colleague an even break, bul they are so outnumbered by the bullshit artists and incompetents that they either give up, go into hibernation or join with the majority of phonies and fakers. It is time for the law school to purge itself of these nonessential bodies and make like Diogenes in the search for honesty and truth. We have to ask ourselves the question of what is more important, teaching and learning or playing thelaw school game of self-serving paper shuffling, talking in riddles and inaction. If the State University of New York at Buffalo Faculty of Law and Jurisprudence is to become one of the top law schools in the country the answer is obvious. Some examples of bureaucratic pettifogging It is always 1 CLASSIFIED Never spent Saturday at the Blacksmith Shop because you don't like "jazzbands" Thermopylae has more in common with Varese than with "Satchmo." BEER, WINE AND CHEESE John Anderson. Chairman of the Social Committee, proudly announced the first, 2nd-semester Beer, Wine and CheeseParty to be held on Friday, April 6th, 2 p.m., in Eagle lounge. Shcstack, Philadelphia, and George Saunders, Chicago, chairman of the section's Committee on Freedom of Speech and thePress. The study.panel is expected to hold its first meeting early in April and its report will be made to the ABA Board of Governors. In February, at the Association's midyear meeting in Cleveland, Meserve told members of ABA's policy-making House of Delegates that he hoped examination of the issue also by individual ABA sections would result in a "prompt and constructive statement of policy on the part, of the Association." ■ n,i..\., iiini. /\iiu t.nLi.,ii, April 5, 1973 which are directly attributable to the law school administration are worthy of mention. In the three years I have spent at Eagle Street, the examination procedure has changed three times. My personal feeling is that the anonymous grading system is a waste of student, faculty, administrative land secretarial time and should be scrapped. We all know who we are and despite what I have said before, 1 still have enough trust in the academic integrity of the majority of the faculty to believe they would grade solely on thebasis of what is written. I ask the 1lth floor to give me a straight answer, not through a flunky, justifying the anonymous grading system. Another system whichhas changed three times in three years is the grading itself. The culmination of this farce was having Associate Judge of the Court of Appeals Adrian P. Burke write us in December, 1971, not only to ask what the hell was going on, but to ask for an'explanation of the grading system so our graduates could take the Bar Exam without having to petition. The ridiculous HD, H, Q, D, F system should be eliminated and a more sensible system of straight pass/fail or A, B, C, D, F should be instituted. Everyone should then be able to understand our grading. An even better record of change than three for three is the curriculum whichhas been changed four times in four years and there are rumors of another pending change for this coming fall. If this school is ever to attain a national stature, incoming students as well as present students should know what they will have to take, when they will have to takeit and how many credits they will need to graduate. All that is neededhere is some stability. I could go on and on with examples like these, but it is unnecessary. I will,however, just mention two more things. The first is placement. We cannot exist with a part-time placement officer who is not a law graduate. That type of person cannot even get in to talk with a major firm, let alone convince them to recruit here. This law school needs a full-time, law-trained placement officer who would be dedicated to the task of helping graduates and students find jobs where they could use their legal education to its fullest advantage, not only as lawyers, but as administrators, teachers, and businesspeople. The second area of my concern is student advisement. Most students have little knowledge of what thr:y should take or even want to take. If you divide up the number of students among the faculty you would have an advisement load of approximately 17 students per faculty nembei I trust' it is not too much to ask of a law professor to take some time to help a student figure out whathe should do with the three years he has spent in law school. I know I am bitter toward law school, but 1 think I know why. I also realize that my own bitching and moaning will have no effect on the structure of this school unless people agree with me. And so my retrospective ends with just one other thought. What the hell does jurisprudencemean? BulETiNBoARd ATTICA DEFENSE LEAGUE TO MEET The Attica Defense League will hold its next meeting on Tuesday, April 10, at 7:30 p.m. at the Unitarian Church, corner of Klmwood Avenue and West Ferry Street. NEWSMEN'S PRIVILEGE CONFERENCE The Second Circuitof theLaw Student Division of the ABA is sponsoring a conference in New York City on Sunday, April 8. The subject of the conference is "Newsmen's Privilege." The Hon. William O. Douglas and Sen. Sam Ervin have been invited to speak. All students are welcome to attend. Approximate cost will be $5 for meals, no registration fee for LSD members, $3 for non-LSD members. There is a possibility that the Second Circuit will be able to compensate students for part of their ' CORRECTION Photos in the coverage of tenure and reappointment last issue were mislabeled. They should read, from left to right: Patrick L. Kelley; Phillip R. Lochner; Robert W. Gordon; transportation costs. Kenneth M. Davidson. . . .. STUDENTS now HEW invest in life insurance while your premium rate is low! New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans LucianCParlato.CL.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus. 852-3446 Res. 832-7886 IHHH � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-04-05 Alternative Title An alternative name for the resource. 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Bruce Dearing, Vice Chancellor for Academic Programs, that the petition of the Department of Philosophy for waiver of the many favorable recommendations which accompanied his waiver request, including statements from Provost Schwartz and President Ketter, Professor Franklin will not be reappointed. The reasons for this action lie in a memo sent to Presidents of the SUNY campuses in December, before Professor Franklin's case was forwarded to Albany. At that time, the Chancellor, citing the dearth of employment opportunities in higher mandatory retirement had been education and the necessity of denied, it was thought that there creating as" many positions as would be little trouble in getting possible; requested that reductions waiver from the Board of Trustees. be rrfade in the application for Professor Franklin is generally waivers of mandatory retirement, recognized as a leader in the fields of except for "absolutely compelling Roman and civil law, Marxist and circumstances" in which a "unique Hegelian philosophy, and legal and essential contribution" could be philosophy, and, according to made. Pursuant to this memo, the Professor Peter Hare, chairman of Academic Affairs Council (AAC) of the Philosophy Department, he SUNY/Buffalo created criteria under carried one of the heaviest loads in which waiver applications would be the entire University, with classes in considered. These criteria include the Department of Philosphy and the unanticipated departmental needs Law School, independent studies arising from "non-projectable with numerous students, and as a personnel losses, e.g., death, member of fifteen M.A. and Ph.D. resignation, illness, or short notice and require a showing that the need "cannot reasonably be filled except by waiver of the mandatory retirement rule." Subsequent to the approval of these guidelines by Bernard Gelbaum, Vice President for Academic Affairs, the President's office forwarded to Albany a recommendation for waiver. Within two weeks' the unfavorable reply from Vice Chancellor Dearing came back. In a meeting last week with members of the SBA and the GSA, President Ketter said that he will go forward again to Albany with a favorable recommendation for Professor Franklin's case. However, Executive Vice President Albert Somit has declared that there is no possibility that he will be rehired. In the absence of a new communication . from Albany, there is no indication that his prognosis is incorrect. Students in the Law School, led by Terry Di Filippo, who is also a graduate student in the Philosophy Department, are currently meeting with University officials and writing letters and petitions in attempts to by another faculty member of his reverse the decision on Professor committees. Despite his scholarly stature and intention to retire prior to age 70," Franklin. They hope that a massive Jelnick Belns by Kay Wigtil The most recent speaker at the Distinguished Visitors Forum was Don Jelnick, a civil rights attorney from San Francisco. He spoke on the story of the 18-month Indian seizure of Alcatraz in 1969, which he described as "the beginning of the militant Indian movement." Throughout the narrative, Mr. Jelnick emphasized the Indian outlook an their situation today, During the '60's; Mr. Jelnick worked with the Civil Rights movement in Alabama and Mississippi, and defended Martin Luther King and Stokely Carmichael, among others. He was the attorney for the Indians who seized Alcatraz in 1969. His experience in legal strategy and coordination may result in his appointment as Legal Coordinator of the Attica Defense Committee. "full-fledged impoverished Americans." After the Indians seized the island, some 2,000 or more came to join them. Jelnick emphasized the quality of the society that formed, which had a cuurt, police force, and decision-making body. He noted that the sympathy and cooperation of the people of San Francisco helped the Indians to remain on the island in spite of government blockades and the shut-off of electricity and water supplies. "The battle to hold the island became a moral war, since the government could not penetrate the community support or the determination of the Indians." Jelnick's description of the negotiations between the Indians and the federal government revealed the growing consciousness of the Indians, and their resulting resistance to any offers the government made. He described how he found himself letter campaign from interested students will influence the Administration at SUNY/Central. But it seems that Albany intends to enforce rigidly its policy of and contribution, Mitchell Franklin will not teach next year. Unless by Dianne - Graebner people still believe women's place - growing further and further apart from them as they grew as Indians, and how this growth affected the outside community's outlook toward Indians as a separate culture. "Young Indians have a suicide rate ten times higher than the national average, as a result of a lack of belief in themselves." Jelnick emphasized the impact of the schools that were set up at Alcatraz, to teach Indian history and culture as part of the process that changed this self-image. This, he said, was the most significant accomplishment of the entire undertaking, and has laid the ground for future actions, such as the takeover of Wounded Knee. However, he said, the foreign press was interested in an entirety different aspect of the seige. This was the taking and holding of land belonging to the United States Alcatraz had government declared its independence, and was, in effect, no longer part of the United States. Embarrassment over this fact finally led the government to invade the island after it had indicated to Mr. Jelnick that a breakthrough in negotiations was imminent. As a result of this deception, the Indians were caught unprepared and defenseless, and so were driven off theisland. Later, three Indians were indicted for selling copper fiom electrical' wires, though Jelnick asserted that the only dishonesty that took place was the selling of toilet seats as Al Capone's to aides ofgovernment negotiators. .. mandatory retirement at age 70. Despite continuing academic vitality Thomas Speaks on Title VII Indians'Rights Lawyer Speaks This possibility was thereason for his five-day visit to western New York, during which he met with members of the Attica Defense Committee and with indicted prisoners in Erie County Jail. He was introduced by Sue Silber, a student working with the Attica Defense, who was responsible for Mr. Jelnick's visit. Mr. Jelnick traced the events which led to the Alcatraz incident, noting the impact of the fcd cral government's program which attempted to assimilate Indians into American cultureand make them what he called Franklin Thomas —"-. William H. Thomas, regional civil rights director from Atlanta, explained the use of employer "goals" over "quotas" as he described the workings of his division's affirmative action program March 1 at the Distinguished Visitors Forum. Mr. Thomas, who supervises a division of 60 persons not big enough but still growing, he said noted that his Office for Civil Rights (under HEW) handles Civil Rights Act programs under Title VII for public schools, health, welfare and other programs, as well as the compliance of federal contractors where the federal government gives grants in areas of insurance medicine, law, - education, - nonprofit organizations and certain state and local governments. Affirmative action, said Mr. Thomas, includes "efforts that are made that all of us 'fight fair.'" The principles are "equally applicable to women. A lot of is in the home after she gets home from work." There are more underutilized minority females than similarly situation white females who will benefit from affirmative action, he said. Citing unemployment statistics for the past few years, Mr. Thomas made the point that unemployment rates are not just the consequence of past discrimination. The recent rate for white tennagers was 15.1%, for minority teenagers 31.7%. Thirty per cent of minorities live in poverty, while 8% of whites do, he added. Some of the barriers to affirmative action are employers and unions who rely on word-of-mouth references for work, recruitment by employers mainly at schools and colleges with predominately non-minority and male enrollment, rules against married women and pregnant women, and jobqualifications not substantially related to job requirements. "Tests that are used to exclude are discriminatory," he said. The Civil Rights Office under HEW works with employers who make up their own affirmative action plans, goals and time-tables. The goals, he emphasized, may include a percentage of minorities to whites "that is not the same as in the community." A minority's percentage in (he community, according to the Howard University Law School graduate, is considered along with the qualifications, skills and training cont. to page six �March 15. 1973 THE OPINION 2 Editorial Efforts at Communication The Administration has recently gone to some lengths to set up coffee hours for the various law school committees, to which students are invited. Such meetings provide an opportunity for student input, student information, and interaction among faculty, administration and students. Needless to say, this opportunity is being missed by nearly everyone. Even the people who complain bitterly and frequently that they can't get any information out of the Administration, that they don't understand why a certain thing is being done, that if only someone would listen to their analyses, ideas, solutions even those people don't .. show. This lack of interest is reminiscent of last year's efforts by the Appointments Committee to insure student input by setting up meetings with prospective faculty members. The students who attended were dragged there by the Committee's student reps. The experience this year has been the same. We think the Administration's efforts to intorm students, which include the Turn of the Screw column on the Opinion's back page, as well as the Committee Coffee Hours (at 1 p.m. on Thursdays) and the meetings with prospective faculty, are commendable. If these efforts are not met with some enthusiasm on the part of the students, we will find ourselves with little justification for the kind of complaint that runs rampant throughout this law school. In short, if you're not part of the solution .. . appropriation present, typewriters you, Opinion scavenge approaching very very scrounge decrepit grateful deadline, glad machine newspaper. available, Thank while other two stand The others offices. in when line SBA We for for at shall the once. aisnew and one be typewriter for to for some have unused the theready staff now SBA's machines members access recent At in to yThoaunk,SBA The Opinion is very grateful for the SBA's recent for a new typewriter for the newspaper. At present, when approaching deadline, some staff members appropriation stand in line for the one decrepit machine now available, while others scavenge and scrounge for unused machines in other offices. We shall be very glad to have ready access to two typewriters at once. „„ March 15,1973 Editor-in-Chief ™ OPINION -- John - Jasen Assistant Editor ManagingEditor Kay Latona Levi Peter -- Business Manager Christopher Greene Photography Editor Christopher Belling Articles & Feature Editor Earl Carrel Staff- Otto Matsch, Ted Orlin, Dianne Graebner, Frank Buffomante, Ibby Lang, E:j. Mandel, Kay Wigtil,Douglas Roberts, Robert Doren, S. Hunter. The Opinion is published every third week, except for vacations, during the of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage entered at Buffalo, N.Y. Un To the Editor from teaching about the Constitution when they Constitutional principles. 'XfSto! I'm contused. You condemn a host of holdItbeliefs opposed interesting issue and I don't know why "luns" because they impinge personal freedom, T° to is an on Professor Franklin the right to vei you would deny express his philosophy; you summon the power of Franklin, but you seem to revel the State to silence in the use of your own forum in a quasi-official newspaper. Many of us see as little of value in his ideas as each of we do in yours, but we acknowledge that you has a right to express himself. Even though you are both subsidized by a coerced contribution of some sort, you serve a valuable function by presenting divergent viewpoints and stimulating discussion, rational or otherwise. Thus, I can't help but wonder, Otto, what are you really? A hypocritical conservative? A crypto-liberal? Or just naive? HowardRoark Editor's note: HowardRoark is thehero-architect in Ayn Rand's The Fountainhead. the mystery writer avoided it, unless he/she knows is wrong. If the writer or his/her comradesdo choose to address the issue, they might first pause to ask themselves about First Amendment rights in countries where dictators of Professor Franklin's he/she persuasion reign. Otto Matsch To theEditor: It's the fourth week in March already and we haven't had a party yet this semester. How come? I have been told that the SBA appropriated a considerable sum of money for small wine and cheese parties to be held in the basement of Eagle Street. So far, last semester we had three, maybe four of these parties. Is there no money left in the Social Committee budget? I might be able to understand that, as one of the last social committee parties had Cutty Sark, but no wine after the first forty-five minutes, (although I understand that the money was budgeted only for wine and cheese). To the Editor: Disgruntled Frosh I see that I have rattled someone's cage. As I read thisepistle, he/she seems to be saying that I am Editor's note: Two parties were given last semester. infringing on the good Professor's freedom of speech The total amount spent was $412.58,0ut of a by exercising mine, certainly a tort that "Prosser" $1,000.00appropriation for the entireyearallocated would like to know about. for four parties per semester. The Chairperson ofthe Anyhow, he is avoiding the issue, which is Social Committee is senior John Anderson. There whether collectivistsof a fascist, communist or other were no other officially-appointed members of that deranged ideological persuasion should be hired to committee last semester. We understand that teach law here. My position is that they should not, tentative plans are for another party on Friday, since their political perversion disqualifies' them March 16, the day before spring vacation. Student Cited As Outstanding A member of the law school because of my involvement in community has been cited in the both ferninine and feminist current edition of Outstanding activities," she explains, citing Young Women of America, a both her activity in the volume devoted to those young women whose activities in the community raise them above the norm. Buffy Burkes entry. is voluminous, citing her omniactive presence in law, community, relations, and the feminist movement. She was nominated for the citation by the United Council of Churches, for whom she works in programming TV and radio shows locally. "I was chosen Association of Women Law Students and NOW, and her past career as a professional model and formerMiss Washington, D.C. "You can do both," she maintained, when asked how she reconciles her feminine past and her feminist present. While having feet in two camps sometimes provokes hostility from other women, Buffy finds that the world of women is not divided into two distinct groups; women's -L«vt liberation transcends politics and philosophies. Being active in the community takes its toll; Buffy remarked that she and her husband work hard and consequently see little of each other; but she feels compelled to produce, and digs it. She is presently Secretary of the SBA, thus sharing some of her energy withall of us. RiGHT ON! by Otto Matsch Up Against the Wall, J.G. Let's see now. "Common Cause" is the citizen's lobby, the one headed by John Gardner,right? Right. Soit should press the issues that concern the citizens, right? Right. So when CC sent out a questionnaire (cleverly attached to an outstretched palm) listing the 15 "most pressing issues" in America and asked the responders to list the five they thought most crucial, CC was naturally interested in knowing what Americans were concerned about, right? Wrong. The questionnaire listed the normal litany of non-issues that nobody except inmates of theNew York Times and similar asylums gives a Tiddler's fugue about: family planning programs, busing for busing's sake, federally funded programs for urban transportation and income maintenance, etc. You name a left-liberal scheme to steal more power from the people and give it to the bureaucrats and it is on the list. Compare their list to a recent book by William Watts and Lloyd Free, State of the Nation, based upon an extensive survey conducted by the Gallup organization, and which concludes that the five things Americans worry about most are: 1. Rising prices and the cost of living 2. The amount of violence in Americanlife 3. The problem of drug addicts and narcotic drugs 4. Crime in this country 5. The problem of Vietnam. These results are substantially the same as those readied by numerous other surveys. Funny thing, though. Of these five, NONE of them appear on John Gardner's list. Crime? Inflation? Drugs? Vietnam? Nobody cares about them in the citizens' lobby's fairy land, and probably doesn't even know these problems exist. The following must therefore be asked: Hasanyone taken Common Cause's pulse lately to check for signs of collective farms in Yunan Province. Most of the rest is relevancy? Or even of sanity? Is there a shrink in the produced in the "golden triangle" in northern Laos, (occupied by the North Vietnamese) and Burma. Which house? makes Mao Tse Tung the biggest pusher of them all. Against the Wall, M.T.T. Up All together now, liberals: "Up against the wall, The self-anointed elitists amongst us used to run around barking what they called the conventional wisdom (which meant that if one didn't know it he was uncommonly stupid). One particular gem was that drugs like heroin were nothing to worry about because 1) the FDA was regulating it, and 2) it was only that colored trash down in the ghettos that used it, us white folks being too refined to use any drugs other thanblended Scotch. Drug users were only products of theirenvironment, and pushers were victims of society driven to their errant ways by a world they never understood, and as soon as the feds spent enough money on the problem it would be cured and we would all live happily ever after. Anyone who said different in those days was a bigot and drankbeer. Well, times change, and the left-liberal elitist claque is changing its tune, All of a sudden heroin is not the benign tranquilizer it used to be. It seems the dope-fiends (to use an out-moded expression) are no longer confined to the ghettos. The ivory-tower types are being mugged right on campus, and some of them have seen their own bourgeois offspring die of overdoses. They have decided to throw their weight over to the side of the (shudder) beer drinkers and are demanding tougher measures against pushers. Nelson Rockefeller, the Great White Hope ofLiberal Republicanism, wants life imprisonment for pushers. John Lindsay, the ex-GWH, agrees with most of what Rocky is saying. And the president of Kent State wants pushers to be put up against a wall and shot. Shooting pushers is a good idea, although hanging is better, but it would be more effective to cut off the supply at its source. The principal source of heroin is Red China, which produces about 50% of the world's supply on Mao!" Up Against the Wall, H.V.H. The ills of this country are closely correlated to a bias in the press, which is dominated by all the wrong people, to wit, "a strongly conservative media establishment." The result is sheer Hell. "Ignorance invariably walks the country lanes with fear, bigotry and reaction .... If you doubt it, travel through the South, read the newspapers in Texas, turn on your radio as you drive through Oklahoma." At least that is what Harriet Van Home, the New York Post's professional America-hatingsicky wouldhave us believe There is yet hope, fortunately, for the rest of the country, because in those areas where the liberals dominate the media, "public opinion tends to be liberal. That is, open-minded, accessible to new ideas, alert to injustice." [sic] Areas like Massachusetts, land of Cape Hatteras and Hahvahd, Kennedy and Chappaquidick, where the people believe what the New York Times and the Boston Globe tell them to believe. Ah, Massachusetts, the only state enlightened to vote for whatsisname, a srate where even Spiro watched his mouth. Now a federal judge has ordered the feds to stop payments to the Boston school system because the schools are racially segregated. Not the Boston in Georgia or Texas, or Oklahoma or aofchof those other many places Harriet hales, but Bosto^.Mgf^. Good old Boston, in good old liberal (that is, open-minded, accessible to new ideas, alert to injustice, fearless, unbigoted, anti-reactionary) Massachusetts. Stand over there,Harriet, next to John and Mao. �March 15. 1973 THE OPINION 3 Would You Buy a Legal Education from These Men? The customary ceremony of bitch and groan which follows the posting of each semester's grade usually focuses upon a i'ew professors, whose virulence or benevolence never seems to be In proportion to the effort put forth by us hardworking toilers. The question is asked and repeated, "How did that bastard ever get tenure, anyway?" Herein are supplied some of the answers. A professor becomes tenured when- the SUN Y/Buffalo President's Review Board accepts the recommendation made by the Promotion and Tenure Committee of the Faculty of Law and Jurisprudence. Thus the final word rests at the main ciimpus, but in practice, a favorable recommendation from the P&T Committee, chaired by Provost Schwartz, is tantamount to Ihe granting of tenure. TheP&T chairman appoints a Convenor to convene a visiting sub-committee each time a professor is up for promotion, extension of contract, or tenure. The Convenor then gathers other faculty members and students recommended by the SBA President, and proceeds to observe the professor in question, sitting in on classes, reviewing published DAVIDSON the "Queen City" at the Philip R. Lochner came to UB in 1971 age of 14. He returned to Western New York in the Fall of 1971 after as Associate Dean after society," completing his Ph.D. in Political receiving his undergraduate degree Science at Stanford. He received from Princeton and his law degree his B.A. and law degrees at Yale from Harvard. While at UB he has before a year in England as a taught torts and seminars on Fulbright fellow. federal tax policy. Eventually, "It took some thought before however, he would like to develop Davidson, an Associate deciding to teach law rather than more generally the study of the Professor of Law, is being political science, but I feel the impact of law on the distribution considered for tenure this spring quality of student in law school is of justice. "The legal system," with his tenure committee better than in political science says Kelley, "has enormous scheduled to meet on March 28. grad schools. I've also found that impact on distribution of social This is his sixth year teaching the faculty of a law school has a goods, but this impact is covert here, and in addition to Torts,he wider range of interests and that and not generally acknowledged. has been able to teach courses in being on a law faculty offers me a This is even true of tax laws. It is one of his two prime areas of wider range ofresearch, given my only now that weare beginning to interest, that of women's rights own interests." understand theirimpact." Lochner is presently on leave and social legislation. One course, Professor Kelley has authored position the best from his half-time as Women and the Law, to two articles, and has recently of his knowledge, was the first Associate Dean, to work on a co-edited a book along with Prof. course in the country specifically study ofpro bono legal services in Oliver Oldman of Harvard. This dealing with the legal problems of Erie County. This study is being book, to be published next women, although Davidson noted funded by a National Science month, is entitled Readings on that there have been some Foundationgrant. Income Tax Administration, and personal rights in Professor Kenneth M. Davidson feels that there is a crying need for advanced study in the areas of products liability, fundamental rights, and social legislation. ; seminars available at other schools. The other course, Social Legislation, deals in a much broader vein with its focus on the income maintenance system in the UnitedStates. He has currently co-authored a yet unpublished casebook, Cases and Materials on theLegal Status of Women, which should be in publication some time next year. The professor is also active in the area of women's rights in the non-scholastic realm having litigated several sex discrimination cases, locally as well as nationally. Davidson is also presently a member of the National Board of Directors, NOW Legal Defense and EducationFflnd. Professor Davidson's other prime interest is in international taxation, and he corroborated with Baris I. Bittker and Lawrence Ebb on United States Taxation of Foreign Income and Foreign Persons (1968). Davidson expressed a strong interest in teaching an advanced course in material, and listening to student opinions. Sttidetfts are requested to write letters.* Finally, the Convenor makes a report to the P&T, which then recommends qualified professors. In the case of promotion or extensions of contracts, the process is entirely internal, with no final decision at the main campus. In practice, this process has certain drawbacks from the students' point of view; the biggest problem is one of student input. Often, the individual students on the Visiting Subcommittee for an individual professor are biased. And because the number of students who respond to the Subcommittee's request for letters is usually very low (five or six is not unusual), results are often the nonresponsive to the feelings of the student body. Three professors are up for tenure this year: Professor Girth was recommended for tenure in December, 1972; Professor Davidson will be considered on March 28; and Professor Larry Wenger will be considered in the Spring. Also, four professors will be considered for reappointment, •-SUNY Info. Sorv. including Professor Dannye Holley, an interview with whom taxation, especially in light of the was published in Issues 6 and 7. cv rrent talks concerning the The Administration has activity possible reduction of Torts to one sought student participation in semester. Professor Galanter is the these deliberations; if you don't take time to write a letter of Convenor of Professor Davidson's support of opposition now, you'll visiting sub-committee, with have no bitch when some Professors Hyman and Laufer as arbitrary old so-and-so D's you faculty members, and Elliot Mandel as the sole student out of spite. -John A native of Buffalo, Kelley left LOCHNER In viewing the tort law as being "a fundamental guarantor of Levi member. In the two years he has been in Dr. Lochner has taught Corporations, Law and Social Science, and Corporate Finance. One of the major criticisms of Lochner has been his gradi.g Buffalo, is oriented toward underdeveloped countries. This interest in the affairs of underdeveloped countried is an integral part of Kelley's academic makeup. He worked with Prof. Oldman at the International Tax Program at Harvard where he served as director of training for 20 students, mostly from other -Fried - come to worry me a little more after discussion with other faculty, but it boils down to my perceptions of the grading system. To me a Q means qulified and an H means very, very good a clear A. 1 guess I just have different standards from other members of the faculty. This is not to say one is right or wrong, I'm just saying Ihey are different. I've had some very bright students, but they have not done as well as I expected on tests. I prefer to use papers or take-home exams and so I expect a higher standard ofwork." Professor Robert Fleming is the convenor, for Dr. Lochner's tenure committee which will vote on his reappointment April 25. Buffy Burke is the student representative on the committee. policy. "This has nations. His ambition is to study law reform patterns, particularly in South America, to see how people have perceived the issue and how law reform has affected the distribution of justice. '"This will take a long time. I like to refer to it as Kelley's 7-year phin." Professor Joseph Laufer is the Convenor ofProf. Kelley's visiting subcommittee. The student member is Art Hertzig. The committee is scheduled to meet on May 2, to consider the reappointment of Pat Kelley. ■ SUNY Info. Sarv. GORDON KELLEY "Teaching lakes a tremendous amount of oneself. Some days are fantastic." Patrick L. Kelley, professor of law, is among the faculty who are being considered for reappointment this semester. He enjoys teaching and wants to "walk between the assistant extremes." Robert W. Gordon, Assistant Professor, is currently under consideration for reappointmenl. A graduate of Harvard Law School, he came here in the Spring of 1972 after working in the Appeals Division of the Massachusetts Attorney General's office. He has taught Contracts and Evidence, and currently teaches American Legal History. -SUNY Info. S«rv. The Promotion and Tenure Committee will meet April 11 to consider Professor Gordon's reappointment. In preparation, Professor Buergenthal, convenor for Professor Gordon's Visiting Subcommittee,and Elliott Mandel and Regina Felton, students on the Visiting Subcommittee, are observing classes and soliciting student opinions. In addition, Professor Buergenthal scheduled a faculty colloquium on February 28, at which Professor Gordon presented a paper on research in pr ogress concerning "The Expansion of Judicial Discretion in the Early American Republic, 1780-1830." While space considerations prevented Professor Buergenthal from inviting the entire student body, he hopes future presentations by professors under consideration for promotion or tenure will include students. Professor Gordon spent several years as a newsman, including a stint in South America reporting for Newsweek; after watching other people doing things, he reports, he decided to do something himself, and entered the field of law. To his new profession he brings both professional expertise and a for the process of consideration legal education: while he thinks that the artificial rite of the Bar Exam forces students to acquire knowledge they don't need and locks them into a "claustrophic" environment for three years, longer than necessary, he has shown an enormous consideration for the bread-and-butter courses he teaches. Students of his Contracts and Evidence classes may have noticed the meticulous attention he has paid to these rather mundane bar requirements. Currently, Professor Gordon is preparing a book on American legal history, about which he teaches forty students in the dungeon of P-l. He sees a growing interest on the part of students for interdisciplinary and tangential courses, such as his course and Philosophy of Law. Both a teacher of traditional taw and a member of Buffalo's growing group of interdisciplinary professors, Professor Gordon offers an amalgam of practical and contemplative expertise tn the Law School community. ORE GRADES MORE GRADES MORE GRADES M "ourse Vdm. Discretion Instructor Gifford >. Pro.B Trans. Kochery lud. Admin. ;omp. Civ. Pro 'Torts Kochery Homburger Kelley jnd ;orp. Order Correction '= Reis Bazelon Enrolled 22 100 128 26 17 63 22 HD 0 0 0 1 0 0 0 % 0 0 0 3.8 0 0 0 H % Q 40.9 23.0 4 66 11 42.3 13 5 7.9 45.4 9 23 15 2 10 11.7 11.7 84 8 49 9 % 18.1 66.0 65.6 50.0 47.0 77.7 40.9 % F 0 4 0 4.0 19 14.8 0 0 1 0 0 3 0 0 0 4.7 0 D 0 0 0 0 % Grade' % 0 8 36.3 0 2 2.0 0.7 2 1.5 1 3.8 0 0 0 0 R 1 5 7 0 17.6 4 3 2 3.1 0 0 4 3 % Rating 4.5 5.0 5.4 0 23.5 6.3 13.6 2.692 2.204 1.949 2.520 2.200 2.035 2.526 �March 15. 1973 THE OPINION 4 HYMAN: The 7-2 decisions of the United States Supreme Court in the above cases striking down Texas and Georgia laws severely limiting abortions have been attacked on two principal grounds. One is reflected in the statement of Cardinal Krol, Archbishop of Philadelphia, immediately after the decision that "abortionat any stage of pregnancy is evil. This is not a question of sectarian morality but instead concerns the law of God and the basis of civilized society." Thiscriticism is indeed based on a theological position which very large segments of the population do not hold. Criticism so based may justify disagreement with the decision of the Court, but is in and of itself not a sufficient ground for condemning it as an improper judicialact. The other criticism goes to the authority and justification for the Court's action in drastically limiting the constitutionally permissible scope of state anti-abortion statutes. In the words of Mr. Justice White, one of the two dissenters from the decisions: "The Court simply fashions and announces a new constitutional right for pregnant mothers, and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes." This criticism was echoed in an editorial comment in the New Republic which charges the Court with failing to give constitutionally adequate reasons forits holding that during the first three months of pregnancy "a woman and her physician may decide on an abortion quite free of any interference from the state, except as the physician may be required himself to be licensed by the State. During the second three months, the state may impose some health regulations, but it may not forbid abortion. During the last three months, the state may if it chooses forbid as well as regulate." The New Republic comment concludes that in the light of the available evidence the Supreme Court restriction may be a "wise model statute" but it does not represent a proper formulation of constitutional limitations, and the entire matter of regulating abortions should have been left to the states, apparently without any constitutional restrictions. With respect to these criticisms which rest not on moral grounds but on the nature and appropriate mode of performance of the Court's function to declare and apply constitutional limitations on actions of government, I believe them to be unjustified. Justice B1ackmun's opinions for the Court in the two cases are perhaps somewhat pedestrian, but they follow dutifully and plausibly the approved path for inquiry into a claim of violation of constitutional right. That the anti-abortion statute of Texas allowing abortions only when necessary to save the mother's life, seriously interfered with the right of the appellant to control her body by terminating an unwanted pregnancy is of course • ROE v WADE DOE v BOLTON The Court first clause, but only those imposed addressed itself to the question of "withoutdue process." Complaint the nature of the interest asserted. about the burden has recently The appellant claimed that it was been given short shrift if the constitutionally protected either objective of the legislation is one in the concept of personal liberty that is deemed to fall within the contained in the due process scope of legislative power and if clause of the Fourteenth the means adopted can reasonably Amendment or "in personal, be thought on some basis or other marital, familial, and sexual to havea tendency to achieve that privacy said to be protected by objective. There has been some the Bill of Rights or its variety in the application of that penumbra," both made applicable review procedure with respect to to the states by the Fourteenth the degree to which the Court Amendment. In addressing itself examines the assertion of to this problem Justice objectives, the actual date bearing Blackmun's opinion states that upon (he tendency of the while "the constitution does not legislation to achieve the same explicitly mention any right of objective with fewer restraints or privacy," a long line of decisions restrictions. In the last few "has recognized (hat a right of decades, when the challenged personal privacy, or a guaranteeof regulations concerned general certain areas or zones of privacy, matters of economicbehavior, the does exist under the tendency of the Court has been constitution." He then reviews not even to require an express numerous cases in which the showing of a specific legislative Court has protected various purpose or of the probable personal interests to which the efficacy of the measures adopted, characterization of "privacy" is but rather to sustain the not inapt, concluding, on this legislation unless it is almost aspect of the matter: "this right impossible to conceive of a of privacy, whether it be founded legitimate legislative objective or in the Fourteenth Amendment of the restriction adopted having concept of personal liberty and any possible tendency toward restrictions upon state actions, as achieving such an assumed we feel it is, or, as the District objective. A very strong Court determined, in the Ninth presumption of constitutionality Amendment's reservation of rights is thus applied, and theburden on to the people, is broad enough to the challenger of the regulation is encompass a woman's decision very onerous. Perhaps, as whether or not to terminate her Professor Gunther suggests (86 pregnancy. The detriment that the Harv. L. Rev. 1-50 (1972]), there State would oppose upon the is a tendency in recent cases to pregnant woman by denying this look somewhat more closely than choice altogether is apparent." in the past at these two aspects of The case to which the Court made the restrictions. Even so this reference, and particularly the inquiry leaves and is intended to case of Griswold v. Connecticut, leave, a wide range of discretion in invalidating Connecticut's law the legislature to select the prohibiting the use of objectives which it wishes to contraceptives, made it clear, in achieve and to choose the means the words of the Court, "that which in its judgment are most only personal rights that can be desirable for effectuating those deemed 'fundamental' or objectives in the light of the costs 'implicity in the concept of which they entail compared with ordered liberty' .... are included the costs which other approaches in this guarantee of personal or inaction might entail. privacy." The examples given all In a variety of contexts, involve aspects of life which may however, the Supreme Courthas, fairly be called "personal" to a under well-accepted constitutional strong degree, and thus fairly doctrine, undertaken to scrutinize analogous to "the abortion more carefully the justification decision." Without defining the for legislative restrictions. This embracing category, the-Court in closer judicial scrutiny has been rather typical common law practiced to a notable degree in fashion invokes one which is at connection with the review of least fairly descriptive of state regulations thought to important aspects of the interfere with the flow of goods analogous cases identified. across state lines. Building on the Thus far the analysis of the nega t ive implications of the Court finds constitutional basis commerce clause, which for the appellant's claim to be authorizes federal regulation of permitted, with the advice of her commerce among the states, the personal physician, to make and Court has undertaken in many implement her abortion decision, instances to examine closely the and also finds that that claim falls impact of state regulations which within the category of appear to restrict it, although constitutionally protected rights adopted to serve an acknowledged which ;ne deemed fundamental. concern of the state such as health This latter categorization invokes or safety. In such cases the Court a very basic and traditional has found itself obliged to distinction in the application of examine in considerable detail all constitutional limitations by the kinds of factual and technical United States Supreme Court. matters on which it has no Most government regulation particular expertise, but with imposes constraints or limitations respect to which it must exercise on the activity of some persons. its best judgment in order to In general those restraints do not maintain the critical balance suffice to invalidate the legislation between a fundamental national on constitutional grounds not interest and a legitimate and every interference with liberty is important state interest. Similarly, forbidden under the due process in connectionwith the application apparent. — (41 US Law Week 4213) to the states, by way of the Fourteenth Amendment of the provisions of the Bill of Rights, including not only such procedural matters as right to counsel, right to jury, official searchesand seizures, but also the more general personal freedoms protected by the First Amendment's free speech and freedom of religion clauses, the Court has been forced to pick its way through a mass of conflicting opinion, conjecture, and fact, and to attempt to draw lines which will safeguard the constitutional rights. More recently a similar kind of close scrutiny has been utilized when the equal protection clause of the Fourteenth Amendment has been invoked and the classifications have been claimed to be themselves suspect, as in the matter of race, or to deal with rights deemed fundamental, although the exact grounds of classification have not yet been fully clarified. Similarly, as the Court said in the present cases: "where certain 'fundamental rights' are involved, the Courthas held that regulations limiting thes,e rights may be justifiedonly by a 'compelling state interest.. and that legislative enactments must be narrowly drawn to express only the legitimate state interests at stake." The Court therefore dutifully searched for the legitimate state interests at stake in the present situation and it found two. The first was the interest of the state in protecting the health of its inhabitants, including women and including pregnant women, and second was its interest in the potential life of a fetus. It then became necessary for the Court under established constitutional techniques to examine those interests carefully in the light of whatever knowledge was available in the record and somehowdraw a line to represent the point at which the fundamental right of privacy or liberty being invaded might validly be restricted, and to what degree, in order to provide necessary protection for the state interests. In reviewing a very considerable amount of medical history and data in this matter, the Court concluded that the evidence suggested a sufficiently sharp increase in the danger from abortions after the first trimester to create a strong state interest in thehealth of the women to justify substantial restrictions surrounding the performance of abortions thereafter. It also found a s v fficient interest in the potential life of the child to justify prohibiting abortions except under severely limited circumstances after the fetus had become viable, approximately at the end of the second trimester. There is no spacehere to examine in detail the grounds on which the Court drew this second line. As pregnancy develops potential life approaches an actual life. Viability represents a physiologically identifiable point in that continuum which has a background of recognition in law and common opinion. It can hardly be said that it lacks reasonable basis in understanding or relevant history. And no . equally persuasive alternatives are apparent. To say th.it the interest of the fetus from conception represents an interest as weighty as those of the mother would logically make it difficult to permit abortions even to protect the life of the mother. From a doctrinal point of view, an intriguing aspect of the Court's opinion is its insistence on declaring the fundamental right of the appellant which it was protecting to be one of "privacy" rather than of "liberty." This classification of theinterest in the right to have an abortion reflects a debate within the Court which was extensively aired in Griswotd v. Connecticut. Many members of the Court there struggled in ways which were not altogether acceptable to many of their colleagues to find a label for categorizing as fundamental and constitutionally protected the interest of married couples in being able to use contraceptives. A substantial majority of the Court in one way or another insisted that that interest should be protected as a constitutional right of privacy. Justice Harlan emphatically insisted that while the right was fundamental and should be so recognized, it was part of the "liberty" protected by the due process clause. The extraordinary difficulties which have been encountered in trying to articulate and give coherent shape to a doctrine of privacy in the law of torts must have been warning enough to the members of the Court of the difficulty of formulating such a right in constitutional terms. Justice Douglas* opinion for the Court in Griswold relied on "emanations" and "penumbras" from the specific prohibitions of the Bill of Rights, a mode of speech which has occasioned a considerable amount of gentle and not so gentle mockery from the commentators. Most of his colleagues who made up the majority attempted to go beyond that by relying upon the Ninth Amendment as establishing the basis for the assertion of a new fundamental right of privacy not necessarily dependent upon emanations from the rights announced in the first eight amendments. Justice Harlan in Griswold wanted nothing to do with any new right of privacy but had no difficulty in asserting that the kind of personal and familial interests involved in the use of birth control devices were not only aspects of "liberty" falling within the scope of that word as used in the dueprocess clause, but also of so fundamental a nature as to be entitled to the special protection which, as indicated above, the Court gives to some constitutionally recognized rights, but not to most. Mr. Justice Stewart, who dissented in Griswold, accepts that decision as the basis forhis conclusion in the abortion cases that the abortion decision falls within the kind of "liberty" which the Court recognized in Griswold, characterized by its personal and fam iIial aspects. But Justice Stewart preferred to continue to call it "liberty" as Justice Harlan had done in Griswold. The reasonableness of that classification is obvious enough. The majority of the Court continued to struggle with the "privacy" instead of relying upon "liberty" probably because of fear of reviving the enormously cont. to page six �March 15, 1Q73 THP. OPINION MANN: ROE v WADE DOE v BOLTON hospital whose buildings and My i ntcrest concerns the White's view, like that of Mr. operations is partially subsidized quality of the judicial process Justice Frankfurter's in West public funds may be required re fle cted in the prescriptive Virginia State Board v. Barnette, by to change its religious-oriented abortion case. The case was the opinion and judgment of the practice of preserving the prenatal handed down on January 22, Court constitutes "an improvident life in the fetus over the life and 1973. I am gratified by the high and extravagant exercise of the health of the pregnant woman. professional quality of the powerof judicial review which the The Court took account of the opinion of the Court delivered by Constitution extends to the compelling public interest in the Mr. Justice Blackmun. Court." prenatal life in the embryo or The opinion of the Court The fact that the Texas and fetus in a second regard. The stands high in historic evolution Georgia cases were consideredand nationalized right based on a of the American system of determined simultaneously was fundamental legal personal liberty in c onstitu tional law, using the beneficial to the Court and to a the pregnant woman and the judicial process todetermine basic general application of the legal counselling physician, which is questions of fundamentalpersonal standards placed upon the required in order to avoid the liberty against the full weight of exercise of governmental controls wide-spread injuriesresulting from authority in the many to proscribe an abortion. In the proscribed abortion, is restricted governments operating in these Texas case the Court formulated to the first trimester of United States. The opinion the legal requirements for the pregnancy. Thus for "the stage deliveredby Mr. JusticeBlackmun exercise of governmental prior to approximately the end of is not only outstanding in its authority,, In the Georgia case the the first trimester, the abortion professional quality, it reflects a Court applied those legal decision and its effectuation must high degree of courageous requirements to the administrative be left to the medical judgment of objectivity in analysis and prescriptions imposed by the the pregnant woman's attending presentation. Georgia statute. In the Georgia physician." Likewise it may not There is no fudging, no fakery case the Court invalidated the be legally justifiable for the nor fugaciousness in analysis and prescriptions formulated in a governmental authority to presentation. Vagueness and uniform statute. attempt to transfer this overbreadth, equalprotection and The legal requirements of determination from the attending other like imperfections are put abortion are measured by the legal physician to a medical committee aside; they are not used to justification made for the or board of a hospital or medical pretend that substantive due compelling public interest in the society. process is nonexistent. Instead governmental authority required In addition the governmental there is a nonapologetic sincerity for proscribing an abortion. The authority over the prenatal life in and honesty in the acceptance of Texas statute made the procuring the embryo or fetus for "the stage substantive due process, of its of an abortion a criminal offense, subsequent to approximately the being an absolute necessity if we except with respect to "an end of the first trimester" is are to preserve the American legal abortion procured or attempted limited to the legally recognizable system of constitutional law and by medical advice for the purpose compelling public interest. The the American system of of saving the life of the mother." governmental authority may representative government. Public interest purposes were prescribe abortion procedures, but The frenzied conservative, Mr. presented in order to give an aura may not proscribe an abortion. Justice Rehnquist, reproached the of legal justification to the The governmental authority may Court for being more closely exercise of governmental promote the legally justifiable attuned to the opinion delivered authority requiring the pregnant public interest in the prenatal life by Mr. Justice Peckham than the woman to bear the child. Quite in the embryo or fetus so long as opinion delivered by Mr. Justice appropriately the Court rejects the prescriptions pertaining to an Holmes in Lochner v. New York. out of hand, without analyzing abortion "are reasonably related Mr. Justice Rehnquist is right that the public interest reflecting a to maternal health." The legally the nationalized fundamental legal Victorian social concern to recognizable compelling public rights of substantive due process discourage what is characterized interest in the prenatal life in the requires that the government as illicit sexual conduct. embryo or fetus begins whenever satisfy a compelling public That there exists a substantial medical judgment determines the interest as legal justification to public interest in protecting the fetus to be viable. Viability is an abridge a nationalized legal right prenatal life in the embryo or ultimate question of the based upon a personal liberty fetus is seriously contended by sufficiency of competent proof of which is determined to be counsel, in order to give a legally what is life in being recognizable fundamental. The American legal j v stifiable foundation to the in the judicialprocess. world has struggled too long Texas proscriptions imposed on In summation, the legally under the influence of Mr. Justice the medical procedures for recognizable compelling interest Holmes' dissent in Lochner. The aborting the prenatal life in the in the proscribed abortion statute influence of Mr. Justice Peckham embryo or fetus. "Only when the is determined to be applicable to laid the legal foundations in the life of the pregnant mother herself the life and health of the pregnant judicial process for Meyer v. is at stake, balanced against the woman, in order "to restrain her Nebraska in 1923, Pierce v. Three life she carries within her, should from submitting to a procedure Sisters and Gitlow v. New York in the interest of the embryo or that placed her life in serious 1925, and Powell v. Alabama in fetus not prevail." Explicitly, jeopardy." But the medical 1934. In contrast the influence of then, the Court is pleaded to techniques have greately altered Mr. Justice Holmes' dissent measure the public interest in the these circumstances in terms of brought the inconcinnous* prenatal life high enough in legal competent proof. It is said that o pinions by Mr. Justice recognition in order to overcome statistical studies of mortality in Frankfurter in Minersville School the nationalized legal right based the case of appropriate medical District v. Gobitis and West on a fundamental personal liberty procedures for abortion are so Virginia State School Board v. in the pregnant woman and the low, and sometimes lower, than in counselling physician. the use of appropriate medical Barnette. procedures in childbirth. Each of the two dissenting The Court accepts the In reconsideration, the steps in Justices presents his respective counsel that by contention made the judicial process approximate incongruities with reference to the legally justifiable following. An initial there is a the judicial process. Mr. Justice Rehnquist's scolding formalizes compelling public interest in the determination was made to embryo life the consider whether to formulate or in that "the Court necessarily has prenatal had to find within the scope of fetus. This compelling public and impose more rigorous lega! standards limiting the exercise of the Fourteenth Amendment a interest is to be legally recognized to governmental authority to right that was apparently when the fetus matures viability. Viability proscribe constitutes an an abortion. The legal completely unknown to the ultimate question of medical basis for this extremely crucial : . ■ * drafters of the Amendment." Mr. Justice White was unable to find the right of pregnant "mothers" (his word, not mine) to abortion in the Constitution. In Mr. Justice . determination of the time when the fetusmay mature to a person in being separated from the womb-. Even this legally recognizable compelling public interest in the fetus is subject to "Inconcinnous adjective, the qualification of what is obsolete. 1. Incongruous. The required "for the preservation of mother." Compact Edition of the Oxford the life or health of the Thus the privately administered English Dictionary (1971). associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood maybe involved. All these factors the [pregnant] woman and her responsible physician necessarily will consider in [the privacy of] consultation." Whenever the Court, as in the case, determines that the social construct constitutes an abridgment of a nationalized legal right based upon a fundamental personal liberty the exercise of the governmental authority is arbitrary and capricious and thus legally invalid. The legal violation pertains to the legal requirements which the Court formulates so as to alleviate the taking of one's life, liberty or property without due process of law. In the proscriptive abortion case the decisive question is not the weak, limited, and deficient judicial review advocated by Mr. Justice White and Mr. Justice Rehnquist. Whenever the Court determines that the social construct requires a legally justifiable compelling public interest for a particular exercise of governmental authority, the line between the c xistence and nonexistence of a compelling public interest is generally drawn with clarity and a high degree of substantiality. This high professional standard in judicial review was not available to the Court in the social construct of the proscriptive case. The dominant in the social of the case is life. Life construct in being and the preservation of life present legal questions of the highest moment. The compelling public interest in the preservation of life clearly is applicable to the term of pregnancy when the prenatal life in the fetus becomes viable. The complexity which is unusual in substantivedue process cases is presented by the factor of an equally supportable justifiable compelling public interest in the prospective life of the prenatal embryo or fetus during the first trimester of pregnancy when "the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician." Therefore the line had to be drawn between the public interest to alleviate the widespread harm and injury to the pregnant woman and the attending physician, and the compelling public interest in the, preservation of prospective life in the prenatal embryo and fetus during the first trimester of pregnancy and beyond. This constitutes a more difficult determination than is generally presented in the social construct abridging a nationalized legal right based upon a fundamental personal liberty. For the use of the proscriptive abortion case as a precedent the dominant factor in the Court's determination is the con tr o Iling influence of the substantiality of harm and injury to the pregnant woman and the attending physician, and not the usual measure of substantiality of competent proof supporting the existence and nonexistence of a abortion phenomenon determination was the very substantial showing of "specific and direct harm medically diagnosable even in early Maternity, or pregnancy additional offspring, may force the woman a distressful life upon and future. Psychological harm may be imminent .... There is legally justifiable compelling also the distress, for all concerned, public interest. .... COD WAR 5 by Dianne Graebner The most recent "cod war" illustrates how closely intertwined are "the roles of law and politics in the strategy of resolution of ;nternational conflicts." Iceland extended its fisheries limit from 12 to 50 miles (coterminous with its continental shelf) on Sept. 1, 1972, ignoring a restraining type order from Ihe international Court. A standoff basically between Iceland and the United Kingdom now awaits the United Nation's forthcoming Law of the Sea Conference, as well as International Court action. A prompt settlement of the dispute, said visiting speaker Richard B. Bilder on Feb. 22, is unlikely. But whatever settlement there is will be "in the context of the conference, in a very political framework." Prof. Bilder of the University of WisconsinLaw School said "no one knows what will happen" in the next few years, but the trend is "to a broad jurisdiction for economic purposes, economic resources zones pretty far out, certainty 50 miles." He added that "in the long run, the United Kingdom is likely to lose this sort of confrontation." This cod war conies 20 years after the first fisheries dispute, when Iceland went from a threeto a four-mile limit and after the classic "cod war" of 1958 (four to 12 miles). That last dispute also was settled in the context of the Law of the Sea conferences. The latest "war," noted Mr. Bilder, was precipitated when a leftist government came to power in tiny Iceland, with the former head of the Communist party now minister of fisheries. Prof. Bilder, an expert in international law, cited three major legal issues in the dispute: 1) the power and appropriateness of the International Court's issuance of the restraining-type order (What is its effect? Is it binding on Iceland?); 2) the jurisdictional question of the court; and 3) are 50 mile limits contrary to international law? Other issues include, first, the complex relationship between party strategies, the court case and the conference, with all parties trying to influence the tenor of the confernece. Iceland thinks it might lose in court, said the speaker, but it can put pressures on the conference. Second, why didn't Iceland accept the court's jurisdiction? The nation, said the speaker, is in a sense "holding the stake" (fish) and is emphasizing tactical considerations. Third, Iceland's suggestion that "unilateral action is a good thing (is law-creating) shows how states really feel," suggested Prof. Bilder. "How through deviation of law do you make law?" Iceland argues, among other points, that smaller limits are based on past imperialistic concepts and that it as a small country (200,000) dependent on fish (1/5 of its GNP) has a special dependency situation. The United Kingdom, with a standardof living lower than that of Iceland, argues freedomof the seas, and Iceland's poor conservationrecord. - - ■continued page 6 �March 15, 1973 THE OPINION 6 Thomas for BodyandSoul Food Tinsel Tame Shrew at the Studio Arena Wows Crowd by John Levi Alas, poor law school: your reviewer feels he speaks to a deaf crowd. How many of my brethren leapt to the opportunity to hearand see the incomparable Michael Tilson Thomas and the Buffalo Philharmonic Orchestra for free on March 7? Too few. Thomas, like Bernstein, infuses his conducting with passion and individuality: like Pierre Boulez, he presents incisive lectures to his audiences. There he stands on the podium dressed like a tasteful Elvis (this night he wore a dark green suit of velvet), his dark hair askew like a prodigal Dennis the Menace. Incomparable? The man's a veritable congregation ofbrilliance. His lecture combined the best traits of operaboffo and Ken Joyce: he would turn to the piano or the orchestra to illustrate a point, often accenting the music with the amazing vocals which kept the crowd in stitches. His explanation of the mechanics and dynamics of the first movement of Mahler's Ninth Symphony was concise and illuminating: he spoke to an intelligent crowd, edifying and expanding us all. The music, of course, was superb: Thomas demands the best the orchestra has to offer, and it responds enthusiastically, if not always perfectly. But tonight they outdid themselves. The flute, who had problems a few weeks ago when Melvin Strauss conducted, was on target and mellow for Thomas. Mahler filled us all, and for that we owe Thomas a lot. Support the Philharmonic let music untune your shallowskies. - - Times Veep at Canisius by John Levi SUNY/Buffalo is not the only change, too, according to Mr. intellectual center in Buffalo (this Restun. The leaders of the world may come as a shock to many of have changed. "The poetical you). Out there in the darkness, leader, (he man of language, of along with the bars and the thought, has gone; and managers Auditorium, there is a compact of politics have now taken over. collection of concrete classrooms We have no great speakers any known as Ca nisius College. more. I regret this This is an Buffalo's best Catholic College, era of technicians. The more Canisius has Jong sponsored a complicaied the world has distinguished lecture series, become, the more the political funded by the William H. organizers, the men who make the Fitzpatrick Chair of Political machines run, rather than define Science. Mr. Fitzpatrick's where they are going, have taken beneficence has brought to over." Buffalo such notables as the late The result of this change will former President of the United be to "force us to do hard things Slates, the Honorable Harry S. with our minds." Old bonds are Truman; William J. Brerman, Jr., breaking; there is no more trust; Justice of the Supreme Court, and we must learn to understand by Senator Edward W. Brooke. On ourselves the enormously complex March 1. James Reston joined the technology and bureaucracy list of notables, giving a speech on which shapes our lives. In response to a query about "A Political Look at 1973" before a large crowd ofCanisius students the First Amendment and the press, Reston stated that the and alumni. Mr. Reston, vice president of people distrust the press for its the Yew York Times, spoke on negativism, a necessary part of its the subject of change in the role; the President plays on this country, in our relations with the distrust; but the people no longer world, in other nations, in the trust the President either. Thus nature of politics and people. At while the press can expect no comfort, it is not in mortal the center of this change lies the danger. Concerning the current President, and his effect upon the attempts to pass a "shield" law postwar world. protecting newsmen's rights, There is a battle going on in Reston said that newsmen will Washingtonpresently, "a battle to never get a complete shield, and a see whether we will be brought partial shield is worse than no back to the Lord." This struggle shield at all, as it defines where has been joined by the President, the press may not go as well as who is striving for a withdrawal ■vhere it may. "The best shield from the illusions of the past, law is the First Amendment," he from two generations of said: a statement which law progressivism. "You can see it in students may not agree with. the rhetoric of the day: if you Mr. Reston's comments were study the language and give value fairly vague, highlighted mainly to the individual words of the by anecdote and a facile use of President's various addresses since language. Of the Democratic you will Party, Mr. Reston said "the the first of the year see he is saying that we must be Democratic Party, which was doing things; there supposed to be so professional cautious about are limits to what we can do." turns out to be ... a bunch of Reston went on, describing the plumbers .... The party is now process of change in China, in both a cripple and an orphan. It is Russia, in Japan, where new fighting, which is great: it doesn't competition and cooperation are make sense but ii makes news." radically altering the ways in Mr. Reston was not very informative, but he was which nations interact. There has been a personal entertaining. .. - . . . by Ibby Lang The Taming of the Shrew, Studio Arena's current production, is an evening's worth of enjoyment. When it is strong, the production itself holds the audience; when less commanding, the wit and beauty of Shakespeare's language maintains high level of interest and a merriment. Director Warren Enters deserves a good deal of credit for the successes of the production. He has made an outmoded Elizabethan joke into a joke that is playable and amusing today, Shakespeare's audiences, and those that followed for several centuries, laughed and applauded Kate's reduction movement? were well controlled and fitting ot his from sharp-tongued vituperative shrew to character. mealy-mouthed little wifey by her husband-owner I also enjoyed theantics of Gruinio,Petruchio's Petruchio. 1, for one, don't find that a terribly man-servant. Yusef Bulos' execution of this classic amusing plot. Shakespearean clown was wry and not theleast bit Mr. Ent ers' interpretation gives us the overdone. conventional spirited ragings of Katherina and the expected super-self-confidence of Petruchio in the There are faults with the production. The first act. But, when it comes time for Kate's eight-man chorus of Players which sings twice during submission to Petruchio, for him to publicly prance the course of the play was so weak, musically and her about as a spineless wench, Mr. Enters' actors volume-wise, that one wished they had been totally and actresses present what is a much more timely, left out; perhaps, with practice, they will improve relevant if you will, conclusion. Kate, with all of her during the run. A large number of the wits about her, realizes that she has met her wily character-actors were allowed to overplay their roles match. She, and her equally quick-witted he, to the point where they were not funny at all. proceed to flaunt in the faces of all who subscribe to Gremio, as portrayed by Gordon Connell was the the husband-as-master theory of marriage the fact most glaring example, but 1 also found the that those who purport lo subscribe to- the theory limp-wristed Lucentio (Philip Clark) and Hortensio are far from living it, while those ridiculed as (Alan Brasington) rather annoying in (his regard, l! incapable of living it, appear to be thriving under it. also seemed to me that the designers of lights, Kate and Petruchio perform Iheir mockery together. costumes and sets did little to help (he production; They, the smart guys, dupe the dopes, together. She each of those areas was rendered in a singularly is not his tool for displaying his superiority, but his unimaginativestyle. The strength of the two leads and Mr. Enters' partner in demonstrating their common merits. Linda Carlson and Richard Greene do a very direction of them, together with the always admirable job of conveying the strong relationship enjoyable language of Shakespeare, however, between Kate and Petruchio. Ms. Carlson's second combine to make a good-fun theatrical experience. act portrayal is particularly apt as it must be for that The production will run at the Studio Arena through slrength to be conveyed. Mr. Greene is excellent March 25 and tickets may be reserved by calling throughout. His voice isbeautiful to listen to and his 856-5650. Thomas ... cont. from page one ot the persons in the area who might be employable. There are abuses to affirmative action, said the speaker. But he noted some cries of reverse discrimination are the result of persons with hiring responsibilities intentionally misinforming persons, not wanting to tell the truth to those they don't hire, and ■ ijing an excuse for not hiring nioie minorities. But "just because I here are abuses, we don't Bilder cont. from page five "We are moving toward a situation where 'freedom of the seas' has a very different meaning," said Prof. Bilder. He noted the UnitedStates' position is ambivalent. The American navy, for example, sees itself as needing a sea to sail on and "sees this as HYMAN: cont. from page five expansive content that "liberty" in the due process clause had received in the latter part of the nineteenth and earlier twentieth century, encompassing every form of business and business-related contractual activity. Under this broad interpretation of liberty, the Court had felt free to strike down many kinds of state and federal regulation of economic activity. This kind of interference the Court has recently prided - do away with it. We must be vigilant in preventing cancerous reverse discrimination." Mr. Thomas said Nixon's new budget changes and philosophical statements of self-help have not changed the office either by policy or allocations to date. He also noted that the Atlanta office had never had to resort to deferral on contracts as a way of pressuring a contractor into affirmative action. "The continuing federal presence" in the South adds to the pressure of the situation before it reaches that point. He also said contractors are responsible for the affirmative through unions. "The contractor has delegated the responsibility for employing." action And, he said, "in many cases, unions are supportive, more so than some other sources." Mr. Thomas, speaking at the Distinguished Visitors Forum March I to an audience of 40 persons, is Region 4 Director of HEW's Office for Civil Rights. He has been in that office since 1966, having served earlier in various governmental positions and in private practice in Washington, D.C. and in Alabama. leaving it with a bathtub.'1 Wisconsin. Court of Military Richard B. Bilder has been Appeals and U.S. Supreme Court. professor of law at the University From 1957-65 he was an of Wisconsin Law School since attorney on the staff of the 1965. His chief area is Department of State's Office of international law, but he also has Legal Adviser. taught torls, contracts, admiralty About 50 persons attended the and international human rights. A lecture, sponsored jointly by graduate of Harvard Law School, Mitchell Lecture Series, he is a member of thebars of New Distinguished Visitors Forum and Jersey, District of Colubmia the International Law Club. itself on leaving behind. To invoke "iiberty" again as a basis for strict scrutiny of statutory limitations would raise the ghost of the older decisions, and a worry about the possibility of a revival of strict scrutiny of all legislative action and wholesale substitution of 11111icial for legislative policy decisions. To find the new rights which were to be subject to strict scrutiny under a new category of privacy would tend to avoid that possibility. For even with its lack of clear definition at this stage of doctrinal development, the use of the privacy concept and the development of further instances by analogy seems quite in accord with the characteristic mode of judicial reasoning, as depicted by Edward Levi in his Introduction to LegalReasoning. J.D. Hyman March 7,1973 *•** �March 15. 1973 THE OPINION CRyptoGRam Sports by "Kryptos" Each issue in this space a short cryptogram will be presented. The code employed is a simple one that can be "cracked" by almost anyone. No. 2 [key: I am] "Xmqk ume zpumsqlkt on umk Azmoal urn unbiosqqyb, dmh ua blhtjye jpup umk wunhrwlwqkmk oq upqmozqf. lzuz ybzqn tm ume qwj, umn hjt oa ddblv wirpu uv trlbzrrhyy, ddql jyubbod vbicamblo, xjdlqlkj, ufuzmr, kdukzw, fiouh. Opq mje pfybd us opv umj tvgt on umk wunkybzqn, rwj umh bwmxxmsfms khmf pj tcodrrvkj' yy umk wunuzo fcqd." Solution to No. 1: Alas, human perversity transcends the spirit of Apollo. The aching of Rumanian hearts for the exhilaration of human freedom will not be satisfied by the achievement of Apollo. Mr. Nixon's other tumultuous reception was in Warsaw. Back when he was Vice-President. How do Poles fare, ten years later? How will the Rumanians fare in 1979? What can we do for the Rumanians who cheered Mr. Nixon in 1969? As much as we have done for the Poles who cheered him in 1959? William F. Buckley, Jr., in The GovernorListeth The solution to No. 2 will be given next issue. If you think you have cracked the code send your solution to the Opinion and your name will be listed. New Building Note The often delayed move to Amherst has been given a new date according to the latest word from the 11 th floor. It now looks like the Great Trek North will be during August. It is to be hoped that everything will be in order for the start of classes in September. Seeing as how the original occupancy date was last month, your guess is as good as ours as to when O'Brian Hall will house the Faculty of Law and Jurisprudence Amtowaga by Lucius Q. Paddlefast Special. Miss Dolly Rose* member of the senior class at the Grimetown Law School, has just confided to this newspaper that she is quitting her studies in order to devote full time to selling a spectacularly successful bar review course. Miss Rose, ex-editor of the Grimetown Law Journal and an ex-director of the Student Association at the Grimetown Law School, said that she is leaving immediately on a cross-country tour of law schools to promote her bar refresher course. "SURE-FIRE, INC., the company I represent," declared the diminutive Dolly, "has put together an irresistible package for senior law students who are facing a state bar exam. SURE-FIRE's course has been field-tested in six law schools in New York state, and has now reached a point of perfection where we are confident that any student who takes the course conscientiously cannot fail to pass his state bar exam. "Furthermore," went on Miss Rose, "we are ready to back up our assertions with guarantees. Our $500 fee gives enrollees an absolute guarantee that they will pass their bar exam, or their money is refunded in full. "Our fee may be somewhat higher than that of our principal competitor, but only SURE-FIRE offers this unconditional guarantee. "This is such a wonderful deal that I am temporarily sacrificing my own legal education in order to carry this message to law students all over the country. Right on!" Rudolf Schnitzenthaler, professor of New York Law, took a dim view however, of Miss Rose's departure. His comments were both wistful and caustic. "Ach, she was such a good schtudent! She used to sit up right in front of my class in New York Law and take notes and laugh at my jokes was chust like the other seniors! To think that she comparing my sage lectures with those slick SURE-FIRE Rose for "1 don't know if I ever can forgive Miss favor ot a the cause of true learning in pseudo-academic, ersatz gimmick like SURE-FIRE. remaining in my New "I caution all senior scMudents the siren call of York Law course that they should not heed only way to Dolly Rose and her SURE-FIRE schtick. The plus tears, a few pass the bar exam is through bloody sweat, laughs, all of which / can give them!" deserting Huddle 7 From the opening tap, however, Sycamore Court began to show that they were indeed for real. By the midway point of the first half, the Shysters by Douglas G.Roberts found themselves on the underhalf of the Scoreboard. With two minutes left in the half, the boys were down by 13 biggies. But thanks to thehot "Say it ain't so, Stretch!" the puffy-eyed, hand of Ivan Mullan, the Shysters cut the seven-year-old Shyster follower pleaded to the Sycamores' margin to a catchable eight by halftime. bespectacled gentle giant towering two feet above During the halftime interlude, the Shyster him. Fighting back tears himself, Stretch McDivitt players were seared sharply by their head coach, opened his mouth to offer some solace to the Boom Boom Solomon. With a tongue as shajp as his ragamuffined little tyke. But nothing came out of- '■belly is round, Boom Boom accused his charges of the big fellow's oral cavity. Stretch's attempt at unprintable shortcomings. Inflamed and verbalization drew a big zero, just as his attempts at reinvigorated by the halftime hiatus, the Shysters denting the Scoreboard had done in the game just returned to the court determined to punish their completed. opponents for daring to mount such a strong What Stretchcouldn't convey to thelittle fellow challenge. was the painful truth that it was indeed so. The For the next seven minutes, the sell-out crowd Shysters had finally been beaten. The setting for this of onlookers was treated to a near-perfectdisplay of momentous occasion in sports history was the team basketball. With Mullan and Cheech Letro quarter-final round of the UB Basketball Intramural controlling the boards and getting the outlet passes to Dr. D. Roberts, the Shysters fast-breaked the Championship Tournament. Having successfully withstood every challenge Sycamore Court fellows into the ground. Roberts thrown at them from all comers throughout the would invariably hit Fast Eddie McCuen with regular season, the Shysters carried an attitude of pinpoint upcourt passes. Fast Eddie managed to extreme supercilious pomposity into the playoff convert every one of these passes into points. By the rounds. What group of mere mortals could hope to time the harried Sycamore Court team could call for dent the Shyster's impenetrable shield of a timeout, the Shysters had forged into a four point invincibility? Who could hope to avoid abject lead. Had the game ended at this point the Shysters humiliation at the hands of these magnificent would have won by four points. Unfortunately, thoroughbreds? An illustration of the Shyster's there were still better than six minutes remaining to overpowering dominance over the rest of the field be played. was drawn by Alan the Greek Snyder, who expressed Much to their credit, Sycamore Court used its the attitude of the big rollers from Monte Carlo to 1timeout to regroup. The rest is history. They Lackawanna. "There ain't been no surer thing since ! resumed control of the tempo and surged into the Liston-Clay. I'm not even putting the Shyster action i lead with two and a half minutes remaining. Despite on the board." frantic attempts by the Shysters, the Sycamore The playoffs opened with the Eagle Street boys squad stood their ground. As the seconds tickedoff group pitted against a of gentlemen whohad named I it was apparent that the Shysters stood doomed to themselves The Third World. The way the Shysters their firstand only setback of the campaign. blew them off the court made their followerss In the midst of the mournful Shyster dressing thankful that theirheroes had a place to go. room, Cheech Letro alone avoided tears. Letro, who Sycamore Court provided the next hurdle. To) had been forced out of action late in the game after listen to Shyster waterboy Walt Moxham tell it, suffering a kick in his lovingplace, vowed to lead the Sycamore's chances against the powerful Shystersi Shysters back to the Promised Land. As the only were about as good as those of Johnny Tillitson'si underclassman on this star-laden aggregation, Letro's vow seemed a bit illusory. Rumor has it that unless making another golden record. Earlier in the season, the Shysters had humbled I Shyster play is offered forcredit, none of the solemn Sycamore Court by 15 points. Little did the Shystersi grinds of the Freshman class will participate in so know, however, that Sycamore coach Al Skanderett frivolous a pasttime. (sic) had searched the playground of Buffalo and hadI come up with two ringers to add to his already SPORTS BRIEFS: talented squad. This blatantbreach of coachly ethics j Watch for the first annual Alfreda Slominski was graciously overlooked by the supremely confident Shyster management. As Shyster director■ Bowling Tournament. Details as to time, place and of player personnel Arlo Katz smugly opined, "They date have yet to be worked out completely but could bring in Dr. Hook and his entire medicine hopes are that the balls will be rolling shortly after show and my boys would still smother those scumi Spring Vacation. suckers." > • •» , • : Sycamore Knicks Clinch Title powerhouses: the People and the Shysters. This the by Skip Hunter The Sycamore Knicks continued to prove that there's no place like first place as they crippled the Pacers 87-72 Thursday night in Clark Hall Gym to clinch the 1973 IM basketball championship at ÜB. The "Knicks" shot 56.3 percent the first half and woundup with a game percentage of 61.5 after an even better secondhalf (66.7 percent). "Everybody in the box score had a part in the victory," Coach Al Scandrett said. "It was a good game for us and a good effort on everybody's part." The only law school member on the "Knicks" squad is seniorRichard Clark. Clark led the winners with 22 points and helped the "Knicks" open up their lead in the first half by scoring 10 straight points. "We were always in command," Clark said. "We sort of clasted at the end, and as a result they started catching up." The Pacers almost challenged the "Knicks" as they eroded a 22 point lead down to eleven points 81 -70 with 2:15 left to play in the game. But, by that time, they had used their fastbreak effectively to put the game away. Many of their breaks came off of steals which usually ended up with an easy layup. "We made them turn the ball over at crucial times," Clark said. "That's why the number of rebounds was so low." However, en route to their IM championship, the "Knicks" had to contend with two law school "Knicks" did with great success. With 4:18 left in the second qualifying round of the championship tournament. Coach Dick Maigret of the "People" took center Mark "Harpo" Mahoney out of the game. But there were no groansbecause Mahoney was simply in his usual, embarrassing foul trouble. Yes, it was foul trouble again. But it was the greatest basketball game young Harpo has played as a member of the "People," and most of the three fans present at courtside gave the 5-9 star a standing ovation. : Beside Mahoney's stunning exhibition of splendid body control, junior forward Brian Miga scored 8 points and bewildered the "Knicks" on the backboards, pulling down an unbelievable 1 rebound and snuffing two shots, as the Sycamore Knicks ran the People into the streets virtually naked with an 86-22 stripping. The firsthalf in the quarter final round saw the "Knicks" keep the outcome in question as they traded baskets with the Shysters and found themselvesup by only one at halftime, 31-30. Mostly responsible for the Shyster's one point deficit was center Ed McEwan, who was shooting 6-7 from the field and one shot from the foul line for 13 - - points. But after the second half whistle blew, the powerful "Knicks" reasserted their height, strength and speed, and came back strong to win by a score of70-56. �LALUMNI INE BBulETiN oARd STATE UNIVERSITY OF NEW-YORK AT BUFFALO Faculty of Law and Jurisprudence SUMMERSESSION 1973 June 4 to July 30 The summer session schedule has been posted, by signing the appropriate listing for the various Please note that the summer session is from June 4 courses, to July 30 and will be held at the Prudential Building and Eagle Street. You can pick up the form at Shirley's office, We are requesting that students give us an and return it to her office within the next few indication of the courses ihey intend to register for weeks. TU - 8:30 9:00 9:30 l0:00 M.». 10:^0 P fmio 12:30 1:00 1:30 2:00 2:30 ~ ii:m i'. 3:00 SUMMER TASN) [VI f\ 1:23 h— N'lw. 2="- :onst. -AW EVID (inrdon 1:1X1' i4° Jl40 I' lynun Hun i-io Mil FRAC p I : II ' 11:53 12:55 i> h- AW I AW liG0< Mil N'lm1. j:40 Cm m linn* II 15- !•.i QDTdlHI LftW 11(1 '■■«» CRAT TRANS Del PRAC ll.inih CdNBT, L - k™ 'm!h H.imh. I S30IO:2U Fleming LAWlh) 3:30 ROTS. 6:30 I CIV. SLM I LAND TRANS CONTKAITS CRAT TRANS" 1'p■' H H.™h PRAC 1:00. V4U P. PI Joyce CONST. L\WUI Hymn 10:20 i;RAT "' CONS! LABOK LAW Ki^hciy i TRANS *io"I»* 11:40 11:00 11:30 12:00 __- I AND TRANS IMil IK I \W r CONTRACTS 10:30 I LABOR LAW LAND TRANS RA i r It 15 12:55 e2 — by Earl Carrel The 1 lth Annual Law School Alumni Dinner was held last Friday (March 9) at the Buffalo Athletic Club. A good turnout saw diplomas awarded to 15 February graduates and witnessed the presentation of three Distinguished Alumni Awards to Judge Frank J. Luchowski, '37, Clarence Runals, '15, and the late Samuel Battaglia, '27. UB Executive Vice President Albert Somit handed out the diplomas and Associate Judge of the Court of Appeals Matthew J. Jasen presented the awards. It was very gratifying to see the large number of students in attendance at the dinner. For this we must thank some of the more generous alumni and local firms who bought extra tickets and had them distributed to the leaders of variousstudent organizations. At last count there were only 231 paid members of the Alumni Association. This has got to be disappointing in view of the number of attorneys in the Buffalo area, most of whom are UB graduates. To those of you out there who receive the Opinion but who are not members of the Law School Alumni Association, we urge you to send your $10.00 membership dues to: Law School Alumni Association 77 W. Eagle Street Buffalo, New York 14202 Urn INSTITUTE IN CLINICAL LEGAL EDUCATION others. Students elect to participate in two programs The University of Denver College of Law is under the supervision of the College ofLaw's regular offering Its third annual Summer Institute in Clinical and clinical faculty. Legal Education beginning June 11, 1973. The Under Colorado Statute and Supreme Court Institute will be an intensive ten week course, offered as part of the regular summer curriculum, for which the University of Denver awards five quarter hours of credit. Credit is conditioned upon acceptance of each participant's law school. Arranging lor tranfer of such credits will be the responsibility of the individual student. The University of Denver has developed one of the most extensive clinical education programs in the country and has found it has offered out-of-state students who participated in the last (wo years an exciting and stimulating experience. This summer, internships will be offered in such areas as criminal law, family law, juvenilelaw, environmentallaw, and Rule, second and third year law students may represent indigent clients in civil and criminal cases "as if licensed to practice" in municipal, county and district courts throughout the state of Colorado. Under the auspices of the Clinical Education Program, students handle their own cases from the interviewing stage through trial, and appear as counsel ofrecord. Classroom discussion and analysis are an integral part of the clinical experience. Persons desiring further information concerning this Summer Institute please write to: The University of Denver College of Law, Clinical Education Program, 209 16th St., Suite 200, Denver, Colorado 80202, (303) 753-3193. Turn of the Screw by lan DeWaal The Faculty of Law and Jurisprudence in conjunction with the Division of Continuing Education will offer a series of lectures on "Continuing Legal Education" on Tuesday evenings from April 3 through May 8, 1973. Beginning at 7:00 p.m., the two-hour lectures will be open to interested law students on a space availablebasis. Topics for the weekly sessions in order, include: "Recent Developments Affecting the Estate Planning for the Owner of a Closely Held Building"; "The Matrimonial La w yer as Conciliator"; 'The Nationalization of Fundamental Legal Rights Based Upon the First Amendment"; "Personal Bankruptcy Issues"; "Representing the Mentally Disabled New Rules of Client"; and "Environmental Law Standing and Problems of Proof." - A number of students have still failed to pick up their schedule cards on the 11th floor of the Prudential Building. The SARA computer has been known to make insipid errors in the processing of class schedules. Students who are not properly registered and on class lists at the end of the semester may have problems in receiving permission to take the final exam in the courses they are improperly registered for. In addition, please note that fall semester grade reports are now available from Shirley at Eagle Street. "Coffee with Committee" hours will continue 1:00 p.m. in the Faculty Lounge. The various committees of the Law School are charged with formulating policy proposals in their specific areas of interest. Students who wish to find out how policy is made are urged to attend. The Chairman and Committee members will be present lo answer questions at these sessions. to be held Thursdays at student attairs concerns. Anyone who wishes to proof-read the first draft and make suggestions can do so in theDean's office on the 1 lth floor. The bidding process has been amended, the carpet is in the process of being ordered, and the new prediction for occupancy of John Lord O'Brien Hall (the new law building) is mid-August. Associate Provost Greiner has termed the probability of the move from August 6 to 24 as "high." Summer school classes will be held in the current downtown location, Registration for the summer session will begin on April 30 and run to June 4, the day the session begins. Students are urged to register as early as possible. The Financial Aid office is continuing to accept laic applications for financial aid. Late applications will be considered for aid if sufficient funding is received, Lale applications should be returned as soon as possible as they will be considered in order of receipt by the Financial Aid Office. It is never too early to look for a house for next year. The yearly scramble for prime location residences near the main campus has begun. Also, the Amherst Campus area is not noted for its abundance of student-type housing. The Off Campus Housing Office in Goodyear Hall on the main campus continued to post daily updated lists of available houses in the Buffalo area. Additionally, some spaces will be available to law students in the dormitories on the new campus. Information on procedures for making application for space will be available after Spring recess. Anyone who wishes to make prior inquiries can do so by contacting Cliff Wilson, 831 -3322. Finally, students who received letters asking them to contact Dean Mix are urged to do so Dean Mix is in the process of drafting a student immediately! handbook that will discuss the requirements for Have a pleasant vacation. graduation, school policy in various areas and other Anthony J. Vaccaro, '58, a Buffalo attorney who gave up his practice for two years to go to South America as a missionary, died February 23, 1973. * * * * * Samuel Rosenthal, '29, of Buffalo died March 4, 1973. Ira S. Meiselman, '71, died December 15, 1972 plane crash in Vermont. OPPORTUNITIES WESTERN NEW YORK PROPERTIES, INC. invites you to investigate law related positions in Real Estate Sales. Sophomores can earn up to $5,000 per year while attending school if they work full time during the summer recess and part time during the school year. Full time individuals can earn substantially more. .. . .. NEW YORK PROPERTIES, INC. STUDENTS *" now CORRECTION The December 7, 1972 issue of the Opinion was incorrectly numbered 9. It should have been 5. CORRECTION The credit line on last issued smoking article should have read "Reprinted with permission from The National Observer, copyright Dow Jones & Company, Inc. 1972." Classified WESTERN 837-0211 in a Miles, Mahler, Mahavisnu and Monk. "Thermopylae" still performs at the Blacksmith Shop, 1375 Delaware. Saturdays, 10:30 2:30. Art, art music, and arty cuisine. - invest in life insurance while your premium rate low! New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans Lucian C. Parlato, C.L.U. 2510, Main Place Buffalo, N.Y. 14202 Bus. 852-3446 Res. 832-7886 mm /^*\ : Suite ■ ■■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-03-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/15/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a80711f32e519ad3e87b83d9586393a0.pdf 14b957d0f323a73b9c8bfb6272f06097 PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14202 THE Volume 13, Number 7 OPINION Non-Profit Organization U.S. Postage PAID Buffalo, N.Y. Permit No. 708 State University ofNew York at Buffalo Law School February 22,197: SBA Elects Officers individuals." Miller cited the money where their mouths are." Miller expressed the intent to make the SBA into a government Executive fiat, or by a few by committee. "Although it interested individuals. The great sounds like a bureaucracy, the majority of the student committee system is the only way we can get a lot ofpeople doing a little bit each. Everyone has too much homework; but unless all of us are willing to contribute a part of our time, student government will continue to be nothing more than a good word on the resume," few present structure of the SBA as an example. "Everything is done by Marty Miller Student Bar Association elections were held on February 5, following a low-key campaign characterized by the usual large signs adorning the halls, mimeoed garbage on the floor of 110 and 108,and universal apathy, The Results: in the race for President, Marty Miller amassed 100 votes to 69 for his competitor, Neal Dobshinsky. Chris Greene, the sole candidate for First Vice President, garnered 123; Jim McLeod, the only declarant for Second Vice President, got 118,compared to 7 for his nearest write-in competitor, Buffy Burke beat Regina Felton in the race for secretary, 92-21; and Hugh Scott won the post of Treasurer in a Chris Greene run-off on February placement facilities and opportunities, and otherhassles of student life "talk is cheap. Only by making the SBA an - organization in which every student plays an active part can we hope to translate all the rhetoric into worthwhileaction." Miller is not overly optimistic about the chances that every st vdent will give his thirty minutes per week to the SBA; but his approach to his job spells an end to no-fault government, giving students an opportunity to do more than grumble. 8 after his competition, Jerry Dyer, dropped out of the race. In the original contest, Dyer got 31 votes, to 29 for Scott and 15 for Dick Maigret. Marty Miller, a Taurus, expressed satisfaction at his victory, and impatience to tackle the formidable problems that await him. "This student body has spent too much time sitting on its -Photos by Belling Jim Mr I rod lot, but when'it comes to putting in some work to get something done, they're all too busy." He pointed Buffy Burke to the elections for SB1 A reps ass; as a result, the power to slated a month away as an control our lives as students has opportunity for the student body Miller pointed to the many slipped away into the hands of the to choose activist representatives complaints about the law school's faculty, the administration, and a who are willing to "put their arbitrary schedule, the lack of representatives bitch a HughScott Weinstein Analyzes Court System election. In the past the election has been "a bi-partisan deal or arrangement," moving up the senior judge while the other party appoints the substitute. No one has made it a contest since Learned Hand ran and lost in 1913, said the speaker. When the position was "honorific, that was fine, but now we're in a time of crisis. There have been enormous pressures since World War 11, a genuine Judge Weinstein effort to get equality of justice which puts an enormous strain on by Diane Graebner the court system. The problem is "It's a very curious thing to to deliver legal services to large have a U.S. District judge with a numbers of people with relatively fascinating job considering little expense and relatively running for the New York Court quickly." "We haven't achieved equality of Appeals," said Jack B. Weinstein, "but when I look out of justice," said the judge. "It's all very the and well to have a Mapp case or at state system review it, I Miranda case which talk about find it utterly appalling." Judge Weinstein, who spoke these great principles, but unless Feb. 8 in the Distinguished the person who has contact is Visitors Forum at the Law properly treated, it doesn't mean School, saidhe had some ideas on a thing. It's in the jails where we how to improve the state system, have inequality; in the jails where and that many of these we have brutality." The governor's recently improvements could be made by the chief judge, who now has announced program to crack down on drug pushers is great administrative power. "One of the reasons the state "horrendous; il would utterly system doesn't work," said Judge destroy many people," Weinstein, "is improper commented Judge Weinstein. "It administration." The chief judge reflects a kind of brutality abroad since 1961 has had very great in the land. One of the great powers "but they haven't been dangers of failing to bring the c xercised, partly because it's state system up to standard is that tradition." The opportunity has people are giving up on it. There's come up this year because the a failure to enforce constitutional present chief judge is resigning, standards, and a deterioration of and the position must be filled by federal concern with these -Buflotame — - , standards, too." The layman who says "narcotics addicts ought to be shot," suggested the speaker, thinks quite differently whenhe's faced with a real defendant in a according to Judge Weinstein, are calling into being the Court on the Judiciary (which has been called five times in the past 20 years). He also suggested a state-wide committee of distinguished jury situation. laymen to investigate the reports "I'm convinced that in Ihe long against judges (such as the alleged run we will have more effective Mafia connections of Brooklyn protections through effective judges). California has such a administration" and well-run correctional institutions thanwith "hit and miss type ofrelief we're getting now, he stated. Judge Weinstein said the stale courts have great potential. "Just because you're on the federal bench doesn't mean you're any better, but they expect more of you" and that has its effect. He noted a recent law school graduate brought a case before him in federal court that the judge thought had more defenses in state court, but the young lawyer, ,"when he thought rights, thought Con st i tvt ional rights, federal courts, rather than state courts." Among the powers that the chief judge could exercise, committee which costs about $50,000 per year and is very effective, he noted. The committee could investigate the charges, make public the ones that had no basis in fact and take the others to the Court on the Judiciary. The Brooklyn judges who have been under fire have reacted so far by not granting bail, refusing to dismiss charges and refusing to reduce pleas, which is no solution, according to Judge Weinstein. He also suggested the chief judge could appoint a series of investigative task forces. "The chief judge of the United States, who has far fewer powers, is beginning to use some of them. The federalcourts have used them much more than the states. We have an enormously talented legal community and the chief judge can draw on this talent." Commenting on the proposal that the state have a chief judge-appointed administrator, the speaker said this was "a way of keeping the boat from rocking something unsuitable." The same system in the federal courts does not work, he stated, ''because .the administrator .. -Buffomente SADFDSFSDF doesn't have moral authority; he isn't thehead of the system." Judge Weinstein would prefer an appointed system of Court of Appeals judges, but he said the legislature instead is considering just abolishing the primary, "so the deal can't be brokenup. The net reform may be the usual regression." The election this year, according to the judge, will have a better chance than last year's of being educational since it's the only state-wide office up for election. Prof. Herman Schwartz, who introduced the speaker, described him as "clearly one of the finest" federal district judges. Judge Weinstein, a graduate of Columbia Law School, also taught at Columbia while he was county attorney. He became a federal judge in the Eastern District of New York several years ago.. About 60 persons attended this speech in the Distinguished Visitors Forum series, the second this semester. �Brewster on Tenure Editorial LATE GRADES Despite a plea from this newspaper last issue, the professors listed below did not find it'expedient to turn in their course grades on time. The schedule allowed one month from the date of the last final examination for the grading of exams and papers, a lengthy time surely sufficient for anyone making a sincere effort to comply. Although students are expected to hand in papers and exams on schedule, unless they are given permission to extend the deadline, some professors seem not to consider themselvesbound toreciprocate. Common courtesy suggests that more than a sheepish apology is due from the malingerers ... adhering to schedule next time would do much to remove theblack marks from beside their names: BIRZON CRIM LAW FLEMING REMEDIES HOLLEY CRIM LAW KOCHERY CIV PRO B; JUD AD SEM CON LAW B MANN SCHWARTZ, R. COMP SEM; PERS IN LAW SEM 11115 oPiMONs&'^r 7 Sports Kingman Brewster, Jr. is President of Yale University. This excerpt from his 1971-72 Report is reprinted here by permission. Of all the folkways of university life, perhaps "tenure" is least comprehensible to those whose professional or executive life involves the staffing of other forms of organized activities business, finance, government, or non-profit service. In prosperous times, the tradition of academic tenure evokes puzzlement. In times when colleges and universities are struggling for financial survival, tenure is challenged with increasing - How, it — Kay Latona AssistantEditor - John Levi Editor - Peter Jasen Business Greene Editor - RobertDoren Editor Articles & Feature Editor - Earl Carrel Editor Roberts Managing Manager Poetry Photography On Tenure by Kingman Brewster, Jr. frequency. is asked, can we talk glibly about the knowledge explosion or the exponential rate of change with all its risk of rapid intellectual obsolescence Editor-in-Chief — Christopher Christopher Belling Douglas - Otto Matsch, Gary Masline, Mike Dunlavey, Peter Clark, Ted Orlin, John Hayden, Fred Steinberg, Dianne Graebner,David Schubel, Lou Haremski, Frank Buffomante, Ibby Lang, E.J. Mandel, Jon Kastoff, Kay Wigtil. Staff February 22, 1973 THE OPINION 2 The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-pTofit organization. ThirdClasspostage up entered at Buffalo, N.Y. - and at the same time lock ourselves into lifetime obligations to people in their mid-thirties? Not only do we risk becoming stuck with the obsolete, but we remove the most popularly understood incentive to higher levels of performance. F vr t he rm o re, since even in financially easy times, university resources are finite, every "slot" mortgaged for a full professor's lifetime blocks the hope for advancement by some promising members of oncoming generations. When resources are so tight that the faculty must be pruned, because of tenure most of the pruning is at the expense of the junior faculty. Many juniors are more up to date in their command of new methods and problems in fast-moving fields and many of them are more talented than some of the elders. The American Association of the University Professors organized guardian of academic has freedom and tenure recently taken some pains to make it clear than tenure is not an absolute protection against dismissal. They say that a person can be fired for gross misconduct or neglect of duty. They assert that even a person with tenure may be terminated for financial reasons. Such termination is permissible in their eyes, however, only by a process which puts the burden of proof upon the university and in which the victim's faculty peers are both judge and jury, subject to final disposition by the trustees. The practical fact in most places, and the most unexceptional rule at Yale,is that tenure is for all normal purposes a guarantee of appointment until retirement age Physical or mental incapacity, some chronic disability, some frightful act of moral turpitude, or persistent neglect of all university responsibilities have on very few occasions in the past resulted in "negotiated" termination settlements. However, even in extreme circumstances there is a deep reluctance to compromise the expectations of tenure. For both human and institutional reasons it is the practice to Tide it out even in cases where performance has fallen way below reasonable expectations. When it comes to financial reasons for termination, in all discussions about the possible shut-down of a — — program or department it has been assumed that the University would have an obligation to find a place at Yale where those with tenure could continue to work in their field. In short, as far as Yale is concerned, the efforts of the AAUP to mollify the critics of tenure by argument that tenure is not an invulnerable shield against dismissal is of little operational significance. In Yale's case the a rgument for the policy of granting tenure must be made as though it were virtually a guarantee of appointment until retirement, not as though it were a privilege easily subject to qualification or revocation. ! The defense of tenure usually falls»into two categories: the need for job security, in order to draw good people into underpaid academic life; and the need to protect the academic freedom of the faculty. Both of these points are valid; but put thus simply, both grossly understate the significance of tenure to the quality of a first-rate university. The argument based on the recruitment of faculty is underscored by the simple fact that as long as most institutions grant tenure then any single institution must go along in order to remain competitive. This is probably true. However, I am enough of a "Yale chauvinist" to believe that if we were to decide that tenure is a bad thing, put up with only because our rivals offer it, we should find ways to get rid of it. There might even be some trade-offwhich would allow us to bid for the people we want in continued on page 5 RiGHT ON! by Otto Matsch Those people don't care pins at election time. There is an ilk ofhysterical, syndicated columnists of the Liberal persuasion who are running around without leashes or muzzles, nipping at and harrying us with their cries of "The fascisti are coming! The fascisti are coming!" (They evoke the image of Tom Wicker and Harriet Van Home riding through the dark streets of Manhatten on a pair of frantic jackasses, waving red lanterns and braying their message over the braying of their steeds as the muggers close in.) I have news for them. The fascisti are already here, except that in this country they call themselves Liberals. There are a lot of faults that Liberalism has its elitist snobbery, its desire to crush others into stereotpyes, its pious self-righteousness, its radical chic silliness, among others but the worst is its incipient racism, which no doubt springs from Liberalism's collectivist philosophy. The Liberal ontology is devoid of any human characteristics which are not group labels: blacks, hard-hats, red-necks, bourgeois, reactionaries, revolutionaries. There are no individuals all blacks are the same, etc. In short, there are no people, just robots preprogrammed to react in the ways ordained by liberal labelers, just faceless units of a collective mass. The racism of Liberalism is especially obnoxious because the charge of racism is one which is so often leveled at any criticism ofLiberal dogma. How many times have we heard that anyone opposed to busing, to crime, to "urban renewal" programs, to hiring quotas or any score of other projects dear to the heart of Liberal ideology is a red-necked, racist brute? Undoubtedly some of the opponents of some Liberal programs are racists, but the accusation of racism is too often used as a device to avoid debate of theseissues on their merits. When it comes to the crunch the suburbanite Liberals ship their own brats off to Park and Nichols at busing time, put up a howl when the low-rent housing project is put in their sitfJurks instead of in the blue-collar section of town, and the liberal politicans wear flag-lapel ■• '■ )(J'Jlii.K! .■••:<■.•■ '■ !!i ■.5-. .V.■'/.'.' : — — — Their racism is not mind that the Tibetanshave fought Chinese tyranny for 18 reserved for the home front. yearswith no chance of success; never mind that no nation Lenny Bernstein and the rest of the radical chic might ever had a democratic background before achieving make fools of themselves for the Black Panthers, but they freedom, yet nation after nation has risen against tyranny. will positively grovel at the feet of any foreign dictator Never mind "those people" don't care. who throws them an occasional crumb: Castro, Stalin, Ho, As for our riders, I'm rooting for the muggers. Mao ("revolutionaries" are their favorites). Castro's regime is so racist that Eldridge Cleaverleft The H Machine there in disgust after seeking refuge from racist Babylon; Professor Mitchell Franklin is a tenured member of his sidekic,k came back to face a jail sentence rather than both the Law and Philosophy departments. Because he is chop sugar cane. Neither could stomach the way socialism over 70, the university must reconsider his continued treated black Cubans; the Liberal line here is that we employment on a yearly basis. Critics of the should normalize relations with Fidel. Stalinkilled a lot of administration charge that Ketter et al, are dragging their his people, but they were only Slavs, which any good feet on rehiring Professor Franklin, thebasis of this shabby Liberal knows are inferior to WASPs, and it was for a good treatment being that he is a "renowned Marxist cause anyhow, witnesseth the Workers' Paradise. Mao is theoretician." still called an Agrarian Reformer, although his reform I don't know Professor Franklin and my opposition consisted of plowing about 50 millionChinese 6 feet under to him is not personal, but directed toward his fertilizer, you see. Mao's treatment of the Tibetans philosophical psychosis. He should not be continued as a would be called genocide by a human, but Liberal dogma professor, and he should never have been hired. tells us that "those people" don't care about life, so it does Marxism, or Marxist-Leninism, or national socialism, not matter to them if they are murdered by their or communism, or socialism, or whatever one chooses to liberators. If you ask a Liberal who "those people" are he call it, is a degenerate ideology based upon the collectivist will tell you straight-faced, as he told me: "Orientals. 1 like tenet that the individual has no rights, that all rights are the Vietnamese,but they don'tcare." vested in the State, and that the individual is an object to Ho Chi Minh is Liberalism's very own George be used and sacrificed at the' whim of the State. Such a Washington figure. Although Ho wanted to'conquer all of philosophy is directly anathema to the Constitution, which Indochina, Liberal dogma has decreed that the war of is a document outlining the rights of the individual and conquest is really a civil war, and thereforeis all right. The making it clear that all rights vest in the individual, not in dogma has even decreed that "those people" are not ready the State. for democracy, that communism is better for them A collectivist, any collectivist,has no more business because they don't have that WASP background so teaching law, which means teaching about individual necessary to appreciate freedom. After all, "those people" rights, than Adolf Hitler (also a collectivist) would have are justgooks, and they don't care about such trivialities as teaching a course in race relations. Nor, for that matter, freedom. does a collectivist have any business teaching philosophy, Never mind that those gooks have fought for but that issue will not be dealt with at this time. A freedom against the French, the Japanese, and the collectivist does, of course, have the right to teach, and a communists,-for 25 years; never mind that the Laotions university has the right to hire him, but for the sake of and the Klimers are losing soldiers in their struggle against intellectual honesty, philosophic integrity,' "a Hanoi's aggression faster than they are being born; never should not hire one. - - unije'tsity �February 22, 1973 THE OPINION The Fault with No-Fault To the Editor To the Editor: Mr. Herald P. Fahringer's recent article, 'The Censure of Martin Erdmann," would have put the issue in clearer perspective if it had reminded your readers of the facts underlying Mr. Erdmann's censure. According to the official report {Matter of Erdmann, 39 AD 2d 223, 224 [3d Dept. 1972]), Mr. Erdmann wrote of and concerning the judges in the First Judicial Department: "There are so few trial fudges who just judge, who rule on questions of law, and leave guilt or innocence to the jury. And Appellate Division judges aren 't any better. They're the whores who became madams. "I would like to (be a judgej just to see if I could be the kind of judge I think a judge shouldbe. But the only way you can get it is to be in politics or buy it andI don V even know the goingprice." - I will suggest three lessons to be learned from this unusual case and Mr. Fahringer's reaction to it, regretting only that limitations of time and space prevent a fuller statement of each point. The first is that we need more lawyers who in Mr. Fahringer's words are "fearless enough" to expose specific instances of judicial misconduct in specific ways instead of crouching behind the anonymity of group libel. Particularly is this so when the innuendo of the libel itself is unclear. There may have been other parts of Mr. Erdmann's article which, again in Mr. Fahringer's words, "were both incisive and informative," but I am not at all informed by a statement that unnamed "Appellate Qivision judges" are "whores who became madams." If a school board made such a pronouncement about "teachers," or if any class of persons identified only by occupation, religion, nationality or whatever were similarly attacked, I would hope that lawyers wouldbe among the first to protest the generality and unfairness of such allegations. The second lesson is that the profession is constantly in need of elevating its standards of urbane and civilized behavior, or in Mr. Fahringer's words "its independence and dignity." Anyone who has observed the standing and behavior of the bar in other common law countries, by DianeGraebner both within and without the courtroom, will have sensed disturbing comparisons with the profession in the United States. There is no point in asking whether the courts are no better simply because they have risen to our level of expectations and no farther. The trial of the "Chicago Seven" is an example of a case where court and counsel, working together, managed to pull one another down to a level which neither alone could quite have attained. In the careers of our greatest advocates, no examples of such performances may be found. Clarence Darrow and Joseph Choate, to take two instances from the extremes of the profession several generations ago, would be better models than most today. The third lesson is that in cases with First Amendment overtones, when liberals invoke their inevitable rhetoric and predictions concerning the crumbling and erosion of civil rights, they are not necessarily to be believed. I do not believe that "what happened to [Martin Erdmann] could easily have happened to any one of us;" that the decision in his case will "instill fear in other lawyers in raising their voices against our government;" or that "there will be no end to what other rights may be taken from us." From the beginnings of the republic lawyers have criticized officials and government and have done it with wit and eloquence, and so far as I know felt under no intellectual or expressive handicap in being unable to call judges madams or to suggest that as a class of persons they had purchased their offices. There is much in Mr. Fahringer's article that has my philosophic concurrence, but little in it that I find relevant to Matter of Erdmann. I am entirely unmoved by the effort to picture Mr. Erdmann as "another casualty in man's historic struggle for human rights." He is, rather, a lawyer who for a moment forgot the lessons of his own craft and the obligations which hold the profession together, and who in his exaggerated assault upon one of the most sensitive instruments of democracy contributed nothing at all to the cause of liberty under law. Hilary P. Bradford LIB., 1953 ' Presidents Corner Thisis the first comment on the Law Schooland the SBA submitted by new President MartyMiller. At its inception the SBA was intended a representative democracy. Whether it effectively functions as such is a decision which, to a large measure, rests upon the shoulders of the student body. It is not surprising to learn that voter participation in the past SBA election was a sparse 30%. There really wasn't reason to vote, all candid ates except one ran without opposition. Can we honestly conclude that our officers, thus elected, can accurately reflect the desires of the majority of the student body? Unfortunately this is a fiction we are forced to accept. to be apparently, was not interested enough to bother to investigate. Some of you may be shocked to learn that I personally favor a pas s/no credit type grading system, although I would accept some modification of that basic type. 1 also favor post Christmas exams: as much as I would prefer a true vacation during the Christmas holidays, I find studying more important. This doesn't mean that I am necessarily going to propose or even fight for either of these ideas. The position of President is to represent, and that can only be done if there is sufficient input to the SBA throughits duly elected officials. Very shortly we will be conducting This isn't to conclude that there weren't any issues facing the body. There another round of elections. At that time ballot the classes of '73 and '74 will select their enough room on the was more than representatives for the following year. for candidates of different perspectives Additionally, there will be an election to but almost no one cared. Only a few a vacancy oh the Faculty^Student Indivpials approached me and sought my fill. (FSRB). I ask that you opinion of the grading system, potential Relations Board choices. to calendar reform, etc. The majority, give serious consideration your . 3 "With the possible exception of the abortion problem, no issue has generated so much emotional debate as no-fault," according to Buffalo attorney William Reynolds, who spoke February 15 in "The Fault with No-Fault." Disclaiming the title of the speech, Mr. Reynolds said he hoped to give an objective presentation, although some of his biases were clearly expressed. Pure no-fault, represented by the Stewart Report, published in early 1970, said Mr. Reynolds, inverts the premium pyramid. Since first-party coverage pays the driver and William Reynolds passengers in the insured's car, he profits for the New York law which said, the employed family man with goesinto effect February 1, 1974. a large car and children becomes a The effects of the New York worse risk than the unemployed, statute, according to Mr. Reynolds, unmarried young man with a small include its protection of an car and usually fewer passengers. extremely narrow catastrophe Under the fault system, the young, category with its high $50,000 unmarried man is presumably a injury. He also asserted it will mean worse risk and pays higher elimination of many claims, because premiums. Under the pure no-fault persons with small claims will not be system, said the lawyer, the family able to sue for pain and suffering man would have the higher injuries. "There are a lot of not premiums. costly but painful injuries," he said. The threshold to no-fault a "Persons who should be allowed barrier the insured must pass in order access to the courts will be barred," to sue is "the guts of a no-fault because of the "arbitrary line drawn bill," said the speaker. Five states to reduce claims." have no threshold; six have varying The system should reduce court ones. Florida places the barrier at congestion, said Mr. Reynolds, since $1,000 in medical expenses or a 85% of persons injured don't have qualifying injury or $5,000 in medical expenses above' the $500 medical expenses and wages. threshold. Some rate reduction will Michigan has a threshold only for a be immediate, although the speaker such as death, claimed the two rale reductions after qualifying injury dismemberment, significant the initial one in Massachusetts were disfigurement and permanent loss of not related to no-fault. He also a bodily function. The federal bill described no-fault as "stealing from pending (Hart-Magnusen) is similar the innocent to pay the guilty" in to Michigan's. the sense that persons who have pain The Uniform Motor Vehicle and suffering will not be paid for Accident Reparations Act them while persons who under a (UMVARA) has a threshold of a fault system could not recover will qualified injury or six months total recover. disability. The no-fault bill also will The New York statute, signed seriously affect lawyers' job market, into law February 12, excludes said Mr. Reynolds. While not many motorcycles, noted Mr. Reynolds. Its lawyers are in full-time auto coverage in terms of persons includes litigation, many doit part-time. the named insured, his relatives in In describing the "height of the same household, passengers and ridiculousness" that the no-fault pedestrians who might be hit by the debate has engendered, Mr. Reynolds insured's car. The limit of first-party noted that two anonymous letters liability is $50,000 in out-of-pocket were sent ,to Governor Rockefeller expenses all medical expenses and and Senator Gordon ("chief lost earnings to 80% of the person's architect of no-fault"), threatening wages (compensating for taxes on their lives if a no-fault bill passed. normal earnings) with a limit of Since the letters bore Buffalo $ 1,000 per month. The only postmarks, the speaker and another collateral sources that will be prominent opponent of no-fault in deductible from the no-fault the area were extensively collections are Workmen's investigated by the Bureau of Compensation and Social Security, Criminal Investigation. Mr. Reynolds attributed part of so a person could in theory recover twice as much with no-fault and Blue the "hysterical and uninformed Cross coverage. demand" for no-fault insurance to As the lawyer described the New the media, specifically the Buffalo York statute, the first-party carrier Evening News and the New York has a cause of action for special Daily News. He noted also some of damages (taken from the individual) the signs being carried around the through binding arbitration. New legislature. On the one side was York's threshold includes the basic "no-fault is the root ofall evil" and qualifying injuries or $500 medical on the other "no-fault represents the expenses (exclusive of motorist's right to life." The person carrying the latter sign, said Mr. psychotherapy or physiotherapy). The statute also calls for a direct Reynolds, just did not know what 15% reduction in bodily injury no-fault was about. About 35 persons were present at premiums, 20% if the insured opts for a $20tj.; deductible. The this third speech in the second Superintendent of Insurance will semester's Distinguished Visitors devise guidelines and rules to control Forum at the Law School. -Beling — — - - �I I UfflCe MOUfS Off HOUrS The following people did not respond to the Opinion's request: DelCotto Teitelbaum Gordon Fleming Holley Buergenthal cSanter Ros^nbelg Im/™> Joyce Rtr7on Dirzon S Reis DTmond" Frev Schwartz H Swartz Mugel ' A ! DAVIDSON, Kenneth 11 ■ ■ M ■ B 724 llthP 624 HYMAN.J.D. 726 ™^^ ■ — 1 ■ En- Agency & Partnership Zimmerman 26 Tax A Taxß Corp. Tax Con. Law A Con. Law B Family Law Joyce DelCotto DelCotto 150 0 41 0 28 3 87 2 Corporations Evidence Sales Ad Law Soc. Legis. Labor Law Grat. Trans. Futurelnt. Remedies Comm.Paper Crim. Proc. . ■ ' ";„' KELLEY.Patri* 608 Thu.,2 KOCHERY, David 718 All non-classhours, appt. unnec. LAUFER, Joseph 614 Friday 2-5,0r by appt. LOCHNER.PhiI 738 MANAK, James P. NEWHOUSE, Wade - RICKERT, Thomas Tues. & Thurs., appt. unnec. 602 Appt. unnec. 606 Wed., Thurs., Fri. generally, appt. unnec. 740 1 -12 Wed., Thurs., Fri., appt. 1 preferred Appt. nee. Mon. & Wed. 2:30 % H 0 5 0 0 10.7 2.2 24 8 19.2 16.0 19.5 16 57.1 0 80 0 26 0 156 0 79 3 0 0 0 1120 SCHWARTZ, Richard Mon., Thurs. 2-3. Appt. preferred. The followingis a chartof the grades for the Fall semester. The rating system was complied as follows: Each grade was assigned a value (HD=4, H=3, Q=2, D=l, F=o). Then the total number of points was divided by the number of persons whoreceived grade my course which had an average grade of Q would receive a in that coi :. With this syste a 2.000 rating. As far as the value of the grades themselves, you can draw your own conclusion. % 0 - 3:30 and 5 % Q D % 15 t>2 15 4 40 37 44 58.4 61.3 36.5 14.2 45.9 63.7 55.0 2 15 0 8 7.6 10.0 19.5 0 8.0 0 10.0 8 0 7 4 0 0 20 76.9 2 7.7 46 7 29.4 8.8 15 18.2 89 46 52 24 57.0 58.2 63.4 77.4 12 7 0 0 7.6 8.8 0 0 0 1 0 3 0 1 2 0 0 44.1 3 8.8 0 75.0 46.0 0 12 0 19.0 0 1 0 0 25 28.7 10 17.2 17 21.2 82 0 3.7 0 31 34 48 63 0 0 0 0 0 0 0 0 32 0 0 9 28.1 17 110 0 116 2 1 47 0 1.7 "9 34 7 8.1 29.3 87 "79.0 64. 5,5.1 3 9.6 12 35.2 9 18.7 16 25.3 15 . 7 . 0 1.5 12 4 0 1 2 0 2.0 7.3 7.6 6.8 13.7 2.5 0 3.2 0 15.4 12.9 0 2.0 3.1 0 0 0 0 4.6 9.7 0 1.1 0 3.7 0 0.6 2.5 0 0 0 0 3 3 2 6 8 2 0 5 0 % Rating 4 9 3 3 15.3 6.0 7.3 10.7 6 6.8 3 6 4 3 5.1 7.5 15.3 1.9 14 17.7 3 0 3.6 0 2.136 1.921 1.512 2.956 2.266 2.212 2.375 1.909 2.216 2.030 2.223 2.111 R 4 . i 1.7 2:300 3 24 8 0 0 0 0 4 50.0 18 0 0 5 27.7 10 55.5 0 Newhouse Galanter Girth Manak 41 13 16 2 4.8 7 0 0 4 7 17.0 30.7 43.7 15 7 9 36.5 53.8 56.3 0 0 0 19 0 0 8 42.1 8 42.1 Buergenthal 12 13 13 2 31 10 4 16 0 0 1 0 0 0 0 0 0 0 7.7 0 0 0 4 4 2 0 19 3 33.3 30.7 15.3 4 8 10 33.3 61.5 76.9 17 16 0 Schwartz, H. Rosenberg Rosenberg Franklin Atleson Galanter Hyman Kochery Schwartz, R. Schwartz, R. Carnahan Manak Hyman Steinbock Homburger Katz Birzon Holley Fleming Macaulay Gordon Laufer Davidson Kelley 0 1 0 4 1 0 0 7.1 3 2 1 5.0 11 63 63 63 0 1 0 15 12 15 67 1 0 1.5 0 1.4 0 0 0 2.8 0 0 0 0 14 20 , 0 77 0 62 0 61 0 69 2 65 0 58 0 53 0 63 ~o,u . ~,ri 5 36 29 0 I-No Grade % % F 59 Staff Reis Kochery Laufer _ Appt. unnec. 14.9 40.6 Env. Management Civ. Pro B Insurance . 600 2.1 5.0 — RickertSchwartz, H. Buergenthal SEMINARS: Legal Probs. Pub. Sch. Law & Social Change Women's Legal Probs. Legal Aid Intl. Organizations Cljn. Stem, in Correct. Sen. Law Clinic Adv. Cl. Prob. Sch. Marxist Legal Theo. Int. Union Dem. Law & Development Legal Reasoning JudicialAdmin. Computers & Law Perspectives Law & Action Law/Psychiatry Government Lit. FRESHMEN: Civil Pro A Civil Pro A Civil Pro A Crim. Law Crim. Law Crim. Law Contracts Contracts Contracts Torts Torts nec> KATZ, Al 2 4.1 2.200 3 ''4.7 '2:034 12.5 0 0 4 l 3.5. ~1 ...3,5 2,16,6 5.4 6 0 0.9 6.3 2.029 1 7 6 9 0 5 7.7. 2. 1.7 0 4.3.2.225 1 8.5 3 6.4 8.5 2.025 4 2.1 4 00000000 2.508 0 0 0 0 12.5 3 37.5 2.000 1 Joyce Mugel Fleming International Law, trial Technique 0 58 Atleson Mon., Wed., Fri., 10:30 -5. ca"Pat Tay|orAPP'- ■hhJI B^™ \g J rolled HD Mann Mann Swartz Lochner Gordon Girth Gifford Davidson Office hours not esfd., appt. ■ |1 1 fJ II Instructor Course not otherwise by appt. ™ ' 10-5, when preferred HOMBURGER, Adolf IB^ Wed.'no appt! "W GREINER, William ' ' afternoon all day nec 742 GIRTH, Marjorie Ml |^r| I ! f I Torts, February 22. 1973 THE OPINION 4 26 32 53.1 55.3 54.2 3 16.6 2.333 0 1 50.0 61.2 30.0 25.0 25.0 6 3 9 19.3 30.0 25.0 56.3 0 0 0 3 7.3 14 34.1 0 0 0 0 15.3 0 0 2 00000000 0 0 0 0 0 0 3 15.7 0 0 0 0 8.3 3 25.0 1 0 0 1 7.7 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 1 50.0 0 0 0 0 5 16.1 3.2 1 0 0 0.0 3 30.0 10.0 1 0 0 0 0 1 25.0 1 25.0 0 0 0 0 6.3 2 12.5 1 17.6 12.5 35.7 55.0 9 12 5 6 52.9 75.0 35.7 30.0 1 0 1 0 5.8 0 7.1 0 0 0 1 0 41 65.0 38 60.3 33 52.3 36 53.7 64 83.1 37 59.6 29 47.5 46 66.7 37 56.9 40 68.9 38 71.6 49 77.7 6 9.5 0 5 7.9 11 0 1 17.4 0 1 0 13 1.2 0 7 12 7 11.2 19.6 10.1 2 7 10.7 8 13.7 23.8 19.0 23.8 9 13.4 8 10.3 11 17.7 14 22.9 9 13.0 13 20.0 9 15.5 7 13.2 5 7.9 1 5 9.4 0 •-"''»"■" 0 ! 2 2 1 0 0 3 ■'•-'•■•■• 0 1 0 7.1 0 1 0 0 0 1.5 0 19.4 0 3.2 3.2 2.8 1.5 1 2 3 2 2 1 0 0 4.7 •' 1 0 1 1 2 2 5.8 6.3 0 0 2.458 2.363 2.437 2.500 2.500 2.333 2.307 2.000 2.760 2.500 2.500 2.307 1 1 2 17.6 6.3 7.1 10.0 2.153 2.285 2.307 2.722 1.5 0 4 3.1 4.7 1 2.9 6 2 2.5 1.6 4 1.6 -3 0 3 1.5 6 0 1.7 3.7 1 3.1 4 0 6.3 1.5 8.9 2.5 6.4 4.9 4.3 9.2 0 1.8 ,6.3 2.145 2.122 2.067 1.745 2.095 2.000 2.140 2.030 2.068 2.017 2.040 1.982 ■ 3 , cl" �February 22, 1973 THE OPINION 5 Holley: Interview Concluded by lohn Levi O: 1 want to talk a little about your teaching. What' kind of attitude do you find coming from yourstudents when they walk into your classroom on the first day? What kind of attitude do you think the students of this schoolare bringing to their education? H: One of the major types of feelings and emotions I get from a number of the first-year students, and I guess this is part of being a first-year student as well as part of being in my classroom, is a hesitancy, a reluctance to immediately discuss things that go on in the classroom that seem to bother them, or aren't clear to them. I'm not sure whether it stems from teaching methods, or just from seeing someone Black in front of them; but for the first part of both semesters in both of my years of teaching criminal law I've noticed this hesitancy, but I wouldattribute it not only to the race factor. It may simply be the expectations that first-year students have, the folklore of law school, a part ofwhich is questioning, waiting to see if it all comes together. Nevertheless, I do notice what seems to me to be an unhealthy reluctance to discuss the things about which they are not clear either in class or after class; or at least >o allow it to accumulate to the point where the description of what is troubling them becomes rather indefinite, and is not made clear. They can no longer cite a specific example or a specific course of discussion that we have gone through, rather it's the kind of vague generalization "I'm not sure where you're going" or "I'm not sure I can put together the mass of material we've covered in some kind of coge-nt and "organized form." Unfortunately this usually comes at a point during the semester, long.after this process of organizing and synthesizing the materials shouldhave begun. I think that in large part this misconception is based upon the initial expectations about learning the "law." The notion 1 know I had was that the law was made up of this structured body of rules, that once you've absorbed the definition of those rules, you're going to have it, and will then be able to handle the series of cases that you'll eventually encounter in practice. In reality of course it turns out to be a much more open-ended learning process; indeed, ambiguity may be the first-year student's strongest indication that he is learning the "law." What you're really going to have to be able to do is to learn to be comfortable in working through the systematic thought processes that give rise to this kind of ambiguity, as a natural by-product of the development of the ability to see issues emerge from the factual pattern of a case, how a court or a legislature elevates certain of those facts as the eventual basis for its rule of law, and most important the ability to re-recognize the same significant factors no matter in - Brewster (cont'd.) page what new guise they present themselves. O: There has been some criticism of your form of examination. Both times you've taught Criminal Law, you'vegiven take-home finals. And evidently in both semesters the students have had a lot of trouble and have ended up turning in very long and involved finals, and they find this to be somewhat ofa burden on them?. H: Is theburden because they feel they have to write a lot, or is it because it's over longerperiod of time? a O: Speaking personally, I thjnk the burden lies in having to write so muchand in terms of having to do so much work for a final exam when the other exams are only three hours in length. And especially for a first-year student, one does not expect an exam that is also a paper. I think there's been a lot of dissatisfaction with the form of examination. Do you have reasons for continuing that? H: I have a number of reasons. First, I think that in comparison to the setting for your task as a lawyer, the three- or four-hour in-class examination is more "artificial" than the take-home exam setting. 1 feel that emotionally, for example, students should have the opportunityearly to throw down the exam question in disgust, curse me, or later to throw down the exam answer, curse me and themselves, and then continue to write a good paper. The second reason is that my exams don't necessitate the amount of writing that the students in many cases seem to be doing. What's important and the reason that the questions are so broadly structured in terms of the amount of facts that you're given and have to deal with, is that people spend a considerable amount of the two or three day period (during which the exam is written) organizing the material. The degree of time^pentthinking' about the question, narrowing the most serious issues raised by the question given the factual narrative, greatly reduces the amount of writing a student will feel he has to do. I think this is more true in the case of my second criminal law exam where I asked only two questions. While both were broad in scope, I asked two such broad questions and a more limited question on my first exam. Broad questions, of course, are broad in the sense of trying to raise a good deal of the material that was covered during the semester. This year though, I even tried to word the questions in such a way that people would recognize that the important thing in beginning to prepare a competent answer here was not to immediately start to write an answer to every possible issue that could be raised. Rather, to spend considerable time thinking, after you saw the possible issues, organizing the alternative possibilities and then eliminating some of those possibilities in your mind, and then when you wrote the answer, simply in one sentence you could state why you eliminated those possibilities. This required a great deal of organization before beginning to write, and the first question this year was even worded in terms of "play the role of the district attorney and organize this particular case for me." Thusmy emphasis on organization dictates that people be given adequate time to think without having to think that every second time is traumatic period of the first semester freshman's career? H: My answer to that is that from the perspective of the*student, this estimation of what happens when this kind of exam is given is understandable. It seems however, that if this is the consensus of student opinion, it is a function of a first law school exam hysteria, that I do not care to weight it highly in structuring my exam. running out. The anxiety maybe real, but the extended O: It seems to me that what you're time period is designed to reduce its actual doing is not only testing theassimilation of impact on the writing of the exam. Besides, the body of law which you have been I am not sure that I am willing to give up teaching, but also theassimilation of legal the other types of skills that students can method which has not been overtly taught demonstrate on my exams, thinking about and which the student has not gotten in the question of the degree thathe has some another course, in an overt fashion either. type of not just issue-recognition,but he H: That's right, but the principle lesson knows how to take the criminal law and to be learned in first year courses I believe apply it to the issues in such a way that he is that understanding and appreciating the screens out certain crimes, demonstrates legal method is inseparable from and in skills that are, I think, much closer to factis one within understanding the "law." reality in terms of the types of things he Furthermore, in contrast to my first year, I wouldhave to do as a lawyer. would not be as willing to agree with you O: Might you see any possibilities in that my criminal law class was not overtly terms ofanotheralternative? exposed to "method." This year at the H: That's one of the things that you onset of the second half of the semester I don't get in this school, as far as feedback from the students as to what they thought was most onerous about a particular exam or a particular exam format. You might have a few people after the exam is over come and say, I think that this was distributed. That model answer talked a tremendously burdensome in terms of the great deal about methodology in terms of three day exam format,but you don't have organization and in terms of the types of the opportunity to talk with students as a ways that you have to approach the group about the very specific things that answering of a -question. The issue about were bothering them about the exam, whether you can accept all statements because although I have heard from 6 or 7 contained in the exam narrative and the people about the problem of writing a lot, description of "what happened" given to but that is something that could be you by your client, as being "given facts," handled if they had understood from the that you have, in other words the whole beginning that their perception of how question about reading the facts and much they had to write might be understanding,them,,ln the same content, ,„ inaccurate. Again if more specific details of that answer talkedabout concentrating on the types of problems students viewing the facts from the perspective encountered in writing this kind of exam provided by the issues that the qUesti6ri' were more available to me, a revision to '<\. raises. meet the consensus hardship might be undertaken. Otherwise, I think, for O: And you think that these sample purposes of my criminal law course, that problems and answers gave the students a the students be best examinedby using this better opportunity to understand the kinds test format. I am not opposed, however, to ofmethods that they weregoing to have to trying a technique employed by some of my colleagues. The exam can be divided apply in the final exam? H: Yes, I think so. I think that one of into take-home and in-class components, if the things that was emphasized strongly the next class of students expresses a was the whole need not to just throw strong preference for the in-class or mixed things back at me, but to take some time format. O: What about the possibility of a thinking rather than writing, getting a real feel for what seems to be the crucial issues mid-term or some kind of a take-home for both sides in the case, developing the paper during the course of the semester? H: I'm not in favor of using a midterm best arguments both sides could make in trying to have these resolved in their favor. for the first semester freshmen as an exam counts for any kind of credit toward giving yourself rent an that you O: A awful lot of work in having to correct thatkind the final grade. The reason being that I do ofan exam, andaren 't you overloading the feel the students are justified in learning students in forcing them to do this in an what the professor is "looking for," what examination period which is certainly a he expects from them, before they are traumatic period, and possibly the most asked to write an exam for credit purposes. began to hand out a series of problems, dealing with each chapter of criminal law, and having people, when they chose, to submit an answer to them. I provided a model .answer for the first problem that I ' In the middle industrial world, especially in an the risk of testing new institution which wants its hypotheses, then it cannot be held teachers to be engaged in pushing to a time-table which demands using the savings we thought we lower than the earnings of other forward the frontiers of learning. proof of pay-out to satisfy some might gain by abandoning tenure. professional callings. So, the use This lies in the fact that review committee. I think that even with their So, the argument for thepurposes of job security as bait to persuade contributions to human of this discussion has to be made people to take a vow of know ledge and understanding privileges and immunities our significant academic communities are often not poverty" something "academic is a which add on the grounds that Yale is a better educational and scholarly sufficient argument. (It still has to what had gone before involve a too timid in their explorations. a very The fear of failure in the eyes of place because it gives its professors persuasive merits, however, for very high risk and intellectual investment. the peerage inhibites some of our lifetime appointments. I would those institutions which pay long-termtrue especially of those colleagues, even when they do assert that this wouldbe so even if substandard salaries. Such This is institutions are the proper whose life is more devoted to have tenure. Too many seek the our competitors did not do so. thought, experimentation, and safe road of detailed elaboration The job security argument concern of not only the AAUP writing thanit is to practice. of accepted truth rather than the arose when university faculty but should be the concern of a If teaching is to be more than riskier*paths of true exploration, were grossly underpaid in society which has an enormous and if which might defy conventional comparison with other stake in attracting a sufficient theretailing of the known, is to seek real assumptions. Boldness would professional callings. They were number of people into careers research breakthoughs in the explanations suffc r if the research and even more disadvantaged when devoted to the higher education cosmos, then scholarship of a mature faculty compared with the marts of trade of the young and the of man and the be scholars, and were to be subject to periodic and finance. This is still true, advancement of knowledge and teachers must scholarship must be more than the scorekeeping, on pain ofdismissal especially at both ends of the understanding.) not score very well. The rationale of academic refinement of the inherited store if they did ladder: the bottom rungs of If scholarship is to Then what shouldbe a venture in starting salaries, and the higher tenure, however, is somewhat of knowledge. would fbf' 'dWcbVery -WMiW * ttssiiihptibnS I»nd Wtititir'' rungs oT I6y 'Mdnage^WnT 'different from job'security in the' ■cju'estibn' compensation. -continued from 2 range, however, academic salaries terms of specially high salaries, at a place like Yaleare not grossly ' ' ' * .... . In Next Issue: summer session schedule return of the cryptogram Amtowaga Summer Institute in Clinical Legal Education more on tenure AND an exclusive report on the loungeRisk-tourney almost everyone degenerateinto a safe-sided devotion to riskless footnote gathering. Au thentication would replace discovery as the goal. The results might not startle the world, but they would be impressive in quantitative terms and invulnerable to devastating attack. Purely economic connotations of "job security" greatly understate the distinctive aspect ■*' -cbh!inue<J<m page S �Brewster February 22, THE OPINION 6 (cont'd.) under siege from taxpayers, politicians, or even occasional alumni is a vivid but not the most difficult aspect of the pressures which tend to erode academic freedom. The more subtle condition of academic freedom is thai faculty members, once they have proved their potential during a period of junior probation, should not feel beholden to anyone, especially Department Chairmen, Deans, Provosts, or Presidents, for favor, let alone for survival. In David Riesman's phrase teachers and scholars should, insofar as possible, be truly "innerdirected" guided by their own intellectual curiosity, insight, and conscience. In the development of'their ideas they should not be looking over their shoulders either in hope of favor or in fear of disfavor from anyone other than the judgment of an informed and critical university -continued from page 5 of the academic calling. At its best the university expects a person to make a lifetime investment in his special way of looking at the human and natural experience, in the hope that he will contribute something of permanence to the understanding of some corner of the universe. The second, and most highly touted, rationale for tenure is academic freedom. This concern, traditionally, has focused on the privilege of immunity from 'outside" interference. Within memory of those still active, "McCarihyism" is the most telling I iterally ' nightmare. Of course there are corrupting influences, financial, institutional, and professional. By and large, however, of all the types of institutions which gather people together in a common effort, the university remains the least inhibiting to variety in ideas, convictions, styles and tastes. It encourages its members to pursue doggedly any idea in which they have confidence. Progress in the world of thought depends on people having enough freedom and serenity to take the risk of being wrong. This struggle to preserve the integrity of the institution and the freedom of its faculty members from external coercion is never over. However, despite the winds of controversy inherent in a troubled lime, whetted occasionally by demagogic desire to make academia the scapegoat for society's ills, the ability of a strong university to give its - posterity. In strong universities, assuring freedom from intellectual conformity coerced within the institution is even more of a concern than is the protection of freedom from external interference. This spirit of academic freedom within the university has a value which goes beyond protecting theindividual's broad scope of thought and inquiry. It bears crucially upon the distinctive quality of the university as a community. If a university is alive and productive it is a place where colleagues are in constant dispute; defending their latest intellectual enthusiasm, attacking the contrary views of others. From this trial by intellectual combat faculty convincing protection emerges a sharper insight, later to against such threats will depend be blunled by other, sharper more on the steadfastness' of the vmirids. It is vital that this contest institution as a whole than it will be uninhibited by fear of reprisal. on tenure. Sides must be taken only on the The dramatic image of the basis of the merits of a . proposition. Jockeying for favor by trimming the argument because some colleague or some group will have the power of academic life or death in some later process of review would falsify and subvert the whole exercise. I have not been able to devise, nor have I heard of, any regime of periodic review with the sanction of dismissal whichwould not have disastrous effect. It would both dampen the willingness to take long-term intellectual risks and inhibit if not corrupt the freeand spirited exchanges upon which the vitality of a community of scholars depends. This, not the aberrational external interference, is the threat to the freedom of the academic community which tenure seeks to mitigate. Also, 1 do not think the costs of tenure are very high for a first-rate university. Those who gain tenure at Yale do not rest in happy security on their professional laurels. Ind"*1 in my relatively brief experience, almost without exception it is the elders who are productive up to and well beyond retirement. They are the ones affected with the migraine headaches and other forms of psychosomatic traumas, lest their life should ebb away without the completion of their great work. As a practical matter of personnel policy, the very fact that the professional promotion is a lifetime commitment of university resources makes the de pa r t mc ntal and committee process of promotion to tenure much more rigorous and hard-headed than it otherwise would be. If there were a confident feeling that mistakes in judgment could be rectified by some later review process we would all go soft and give colleagues of whom we are' personally fond an excessive The Smoking Car Following are two lists, the first of professors here who do not allow smoking in their classes, the second who do. The lists are based upon information and belief for classes, not seminars. Profs, not listed were out of town or could not be contacted by telephone. No-Smoking Smoking Laufer Mugel Homberger Girth Holley Gordon Del Cotto Rickert Davidson Buergenthal Lochner Hyman Joyce Greiner Kelley Kochery Fleming Manak Mann Schwartz, H. Reis benefit of all doubt. Realization that the commitment is for keeps helps to hold the standards high. So, I would venture that whatever gains might be made by reserving the right to a second guess would be more than offset by the laxity which would come to soften the first guess. In short, we would not have as good a senior faculty as we now do, If tenure were not the consequence of promotion to senior rank. Such a pragmatic calculation, however, is nothing compared to the value to the university of trying to maintain the ideal of the independence of the individual in his own intellectual pursuit. When 1 assumed my office I said that: there is a common ethic which draws some men to a university in preference to any of the many other groups which are now publicly and privately organize^ to discover as well as .. apply often, The ABA's committee established to study the feasibility of reviewing the moral, character and fitness of entering law studentshas recommended that: Law schools apprise applicants of character requirements for admission to thebar; States be urged to require pre-registration foradmission to the bar; The ABA encourage research studies to determine whether character traits can be usefully tested prior to admission to the bar; The National Conference of Bar Examiners be urged to develop a uniform character questionnaire for first-year law students, to be used by bar admission authorities; and that all approved law schools cooperate with bar admission authorities by making certain information about students available to admission authorities. from NEW YORK STATE LAW DIGEST, Jan. '73 The Appellate Division has held that, while NOW (National Organization for Women) had standing to ask for judicial review of a State Division of Human Rights decision allowing newspapers to publish advertisements concerning employment opportunities under classifications indicating whether the opportunities were for males or females, the applicable statute, sec. 296 (I) (d) of the Executive Law applies onjy to employers and employment agencies, and that newspaper's are not mind upon whatever seems to him most intriguingand exciting; not to be directed by what some client or customer may request, or by what some absentee bureaucrat is willing to support. In the light of intervening reflection, I would now add that this "common ethic" also requires broad protection from administrators and the colleagues within the community, no more and no less than from the "absentee bureaucrats'1 in Washington to whom I was referring. Tenure, then, is not a luxurious indulgence, Even in times when scarcity of resources threatens the existence of whole departments, I would affirm that our mission requires Yale to give that measure of encouragement and by Kay Latona included within the term "employment from VIRGINIA LAW WEEKLY, agency." It also held that the newspapers 11/17/72 Five black Virginians, who failed the were not guilty of aiding and abetting an unlawful discriminatory act by so 1972 state bar examination, including two publishing their classified ads. (National graduates of the UVA Law School, have Organization for Women v. Gannei C0.... filed suit in a federal district court alleging A.D. 2d..:, N.Y.S. 2d ... Dept., racial discrimination by the bar examiners. 11/30/72). The complaint alleges that Bar Examiners are engaged in a "policy and practice" of discriminating against Blacks in that the from THE COLUMBIA LAW SCHOOL "standards, procedures, and administration NEWS, Nov. 20/72 of the bar examination ... unlawfully The agreement between Columbia favor white persons and exclude,limit, and University and the Dept. of Health, otherwise discourage" black persons. They Education and Welfare on hiring women point out that over 70 percent of the white and minorities leaves the Law School at examinees passed in June 1972, while Columbia essentially unaffected. It requires approximately twenty per cent of the that the Law School hire only one black examinees passed. additional woman and no minority The complaint alleges that the members by 1977. (This does not foreclose subjective nature of the examination, the the possibility that Title VII, 42 U.S.C. sec. requirement of a photograph of the 200O(e), might require a substantial applicant which gives the examiners "the increase in those figures, if the Law School capability to instantly identify an applicant's race or color," and the failure is ever challenged in court.) The HEW guidelines conform the to provide formal review for unsuccessful minority faculty and to app licanIs provide the means for the number of women the percentages of thosegroups in the pool examiners to discriminate on the basis of race. of all 1969-70 national law graduates. Hol dings in recent employment conformity that the be from THE TEXAS LAW FORUM, Univ. of litigation suggests not to national percentages, but to pool Texas Law School, 10/2/72 Two sophomore law students have percentages from the immediate area from which persons are hired. (E.g., Contractors prepared and submitted a memorandum Ass'n of Eastern Pennsylvania v. Secretary questioning the constitutionality of the Law, the of Labor1, 442 F.2d 159 [3d Cir. 1971].) Declaration of Intent to Study The Columbia LWSchool faculty of signing of which is required by the.Texas forty-six full-time rrtarnbers presently has Board of Law Examiners of entering. 'freshmen at the University of Texas Law one woman and one minority1 member. ' ' foregone in order to be able to spend one's time and energy and independence which only knowledge. Affluence irrevocable appointment can prestige sometimes, is confer. Notes from Elsewhere from AMERICAN BAR NEWS, Jan. '73 1973 School. The two sections being questioned are section 8, whichasks the applicant whether he is now or ever has been a "communist" or a member of a "Communist Front Organization," and section 15 in which the applicant "agrees" to allow the Committee on Bar Candidates to keep secret the source or nature of any information which it may consider to disqualify the applicant. The two students made it clear when they submitted the memo that suit would be filed this fall if some action were not forthcoming. The Board decided to reword section 8 to conform toguidelines recently handed down by the Supreme Court in Law Students Civil Rights Reserach Council v. Wadmond, and to drop the no disclosureclause from section 15. However, the formshanded out to this fall's entering freshmen contained the old wording, and it is unclear from the new wording whether the applicant would be allowed to confront his accusers even though he no longer need promise to forego this right. Also, apparently, section 8 seems still to discriminate against certain political beliefs. One of the two students remarked, "|P| olitical beliefs have nothing to do with whether or not you will be an honest attorney. The Declaration of Intent enables the Board to discriminate against minorities and anti-establishment elements. The Bar should change its emphasis and attempt to police members who have coxpmitted unethical acts', 'and not applicants'whose politics are unorthodox;'' ; �February 22, 1973 THE OPINION FACE SMOKERS MORE SEGREGATION permitted in several states and cities. The carbon monoxide level may also exceed the "threshold limit value," an occupational standard for a 40-hour week now in effect for U.S. industry, Steinfeld says. While Steinfeld acknowledges that long-term research necessary to establish whether exposure to tobacco smoke causes serious illness in non-smokers has not yet ibeen done, he says the 1972 report i1s "ample proof" that "those who complain of discomfort in reprinted from National Observer smoke-filled rooms are not with permission disagreeable malcontents, but have by Barbara J.Katz legitimate cause for complaint.'1 Since the publication of the members While some fumed, 1972 report, Steinfeld says, and their cigarettes did the same, non-smokers have scored gains in the American College of Chest several areas. More airlines are now Physicians recently struck a blow providing separate seating for for the non-smoker: For the five smokers and non-smokers. A days of its 38th annual convention number of hospitals around the in Denver, the organization of country have begun to restrict physicians and surgeons where smoking is permitted, some specializing in heart and lung doctors have banished smoking diseases ordered delegates who from their waiting rooms. smoked to sit in a segregated area. Legislation aimed at restricting The college's action is part of a smoking in public places has been growing effort begin undertaken introduced in several states and in by physicians, government Congress. The U.S. Department of agencies,1 transportation systems, Health,Educationand Welfare has and citizen groups to promote the prohibited smoking in its rights of the non-smoker. Giving conference rooms and auditoriums rise.to the effort is evidence that and established no-smoking areas the non-smoker's health may be in its cafeteriasand dining rooms. damaged by breathing someone else'stobaccosmoke. CranksNo Longer Many non-smokers have known The surgeon general's report that tobacco smoke causes them also served as a boon to d'iscomfort.1 But evidence non-smoker groups. s vb st a nt ia t ing this subjective "We used to be branded cranks feeling, and suggesting that or neurotics," says Clara Gouin, actually harmful, tobacco smoke is founder of Group Against was brought together for the first Smokers' Pollution (GASP). "But time in the 1972 report of theU.S. now we've got the hard facts to surgeon general, "The show thatit's not just a question of Consequences ofSmoking." crankiness: Our health is involved The report cites more than 100 when peoplearound us smoke." studies done in the country and GASP,headquartered in College abroad, mostly in the late 1960's Park, Md,. has established chapters and early 19705, as evidencethat on the West Coast and in smoking is harmful to Rochester, N.Y. in the last year. non-smokers. Among the major Not quite two years old, it began findings of thesestudies: with only a dozen members, Tobacco smoke may exert an mostly friends of Mrs. Gouin. Its adverse effect on the disease mailing list now numbers in the protective mechanisms of the thousands and its newsletter, the immunological system in man and Ventilatoris sent to all50 states. animals. Simple Aims Tobacco smoke exerts complex pharmacologic, Irritative, and GASP's aims are simple; to allergic effects such as eye publicize the rights of the irritaions, nasal symptoms, non-smoker and to turn public headaches and coughing on opinion against the social acceptability of smoking. non-smokersas well as smokers. exacerbate Non-smokers have the numbers, Tobaccosmoke may symptoms in non-smokers who are Mrs. Gouin notes, since only about suffering from allergies of diverse one-third of American adults smoke. But for years, she says, causes. As a source ofcarbonmonoxide, non-smokers have suffered in tob acco smoke in a poorly sile nee because smoking was ventilated room can be dangerous considered socially acceptable and to persons suffering from heart even desirable. disease or respiratory diseasessuch Now, though, she says, as chronic bronchitis and "non-smokers are realizing that emphysema. their right to brealhe clean air is Exposure to high levels of superior to the privilegeof another carbon monoxide in smoke-filled person to enjoy a harmful habit." rooms may impair work For smoke-plagued performance and affect auditory nonsmokers, GASP's advice is acuity, simple: visual and Be vocal in speaking out discrimination, the ability to distinguish relative against smoking. At home, throw brightness. out all ashtrays and explain to visitors that their pipes, cigars, and Carbon Monoxide Levels Dr. Jesse L. Steinfeld, U.S. cigarettes are no longer welcome. tell smokers surgeon general, says that several Outside the home, studiescited in hisreport show that when their smoking causes ihe level of carbon monoxide discomfort. "The smoker's usual argument attained in rooms with a high has a right to smoke," concentration of tobacco smoke is that heGouin. "We reply we Have sometimes exceeds the legal limits says Mrs. for in.i '.mmm air pollution a right to breathe*, — - , 7 Sports Huddle by Douglas C. Roberts in the Super Bowl?" "Why," Davidson implored, "must little girls direct their pursuits exclusively to the mixing bowl?" With, his voice cracked by emotion, Davidson sat down to the resounding and the law. Gathered in the luxuriant confines of cheers of the female panel members. Room P-l were legal scholars and sports officials As sunlight tiptoed its way out toward Lake from throughout the country. Dean William Prosser Erie, the drowsy-eyed panel of sports celebrities and served as seminar chairman. In his keynote address, legal giants tackled head-on the controversial topic Prosser stated that the conclave's purpose was to of euthanasia, and with it the manifold moral and. begin an exhaustive search into the impact of sport legal questionspresented thereby. on our traditional system of jurisprudence. "After Of contemporary interest, the panel directed its all," Prosser related, "few people are aware that the attention to the Philadelphia '76ers and the New epic Dartmough College case really stemmed from York Islanders. Should these two woebegottens be the illegal termination of the head football coach's mercifully relieved of their worldly wretchedness? contract." The vexing inquiry threatened to tear the conference Before being led away, Dean Prosser tinned the apart at the seams. proceedings over to Derek Sanderson, professional A resolution to this sticky problem was offered hockey's Christine Jorgenson. JumpingDerek led the by Bill Rehnquist, the recognized expert in group into a heated debate on the subject of the sleep-provoking decision writing. Introducing himself moral aspects of contract breaking by professional with a deep-throated yawn, Rehnquist solemnly athletes. Derek, exhibiting the tight-knit logic cautioned that to give legal sanctions to post-fetal uniquely possessed by Bth-grade dropouts bluntly killing could only lead toa furtheranceof disrespect expounded, "contracts is made to be broke." : for the principals of democracy, clearing the way At this point, Professor Willitson, through a still further for the cancerous spread of monolithic medium, sharply responded to Mr. Sanderson's communism. position. Citing Philadelphia Ball Club v. Lajoie, 202 On the other end of the spectrum stood Charlie Pa. 210, 51 A. 973 (1902), Willitson contended that Colbert, chief spokesman and right-hand man for the services of a professional athlete are of such a Red Schwartz, the eminent Dean of the UB Law unique character, and display such a special School. Not one to dawdle with platitudinous knowledge, skill and ability as to render them of a openingremarks, Charliegot right down to the nitty peculiar value to the ball club, and so difficult for gritty. He likened UB Law to a professional sports substitution, that their loss will produce irreparable club. "At our institution," Charlie intoned, "we injury, in the legal significance of that term, to the demand results. We follow our motto, Shapus upus ball club. Nothing short of an equitable remedy of et shipus outus(Latin), with no exceptions." injunction should be allowed the ball club when a Responding to questions from the floor critical player breacheshis contract, claimedWillitson. of this harsh and impervious policy, Charlieoffered Tabling this difficult issue, the conference next his attackers this logical explanation. "When a delved into the intriguing subject of women's student puts us to sleep once too often with an participation in inter-collegiate sports. Al Snyder, incompetent exam, we merely return the favor by coach emeritus of the famous Shyster football teams i putting him to sleep." "In so doing," Charlie of the early '70's, stirred frenzy into the group of explained, "we're merely following the oldest dignitaries by muttering under his breath for all toi principle of the Common Law, that of an eye for an hear, "if you start to allow broads on the athletic : eye ..." fields, there won't be enough of 'em left to bei Without a resolution to any of these mind-throbbing problems, thebell rang signalling the cheerleaders." Not contesting Snyder's faultless logic, the end of this momentous conclave. Those in the Honorable Kenneth Davidson of the University of audience, walked away with a sentience rarely felt in Buffalo Law School implored the audience to look the innards of human beings. Asked to describe his at the human side of the issue. "Shouldn't young feelings, Otto Matsch, covering the event for the girls be afforded the opportunity, presently "National Lampoon," told this reporter, "Wow, possessed only by their brothers, of someday playing man, this was the biggest groove since Woodstock." The Prudential Building was the site of the first national seminar on contemporary sports problems ' Hoopers Meet; Necks Get Craned jump shot, to make the score 16-14, the Bruins reeled off 8 straight points to put the game virtually ofreach. Part of the reason for the close halftime score points Thursday night to lead the law schoolBruins a result of an effective man-to-man defense. victory decisive basketball their intraschool was to a over rivals Stare Decisis 37-25 in one of thelast games of Near the end of the firsthalf, the Bruin's Coach Alan the intramural athletic season at Sweethome High Mescal went into his more familiar zone defense, limiting Stare Decisis* to 13 points in the second half School. Taylor, who saw little playing time last year as while breaking the game open with a blistering fast Wilt Chamberlain's back-up displayed a deadly break. Asked if Bruin fans can expect more fast shooting touch from the baseline while hitting on breaking during remainder of the season. Mescal 52% of his shots. As a team, the Bruins shot an even 40 percent replied, "If we can get the ball off the backboard, with three players hitting in high figures. Center we're gonna go." Nothing more need be saidabout the dynamic Mike Rothschild scored 8 while his backup J.J. Bruin squad. But honorable mention must be given Freeman added 7, "I'd like to forget about this year," Captain Paul to Stare Decisis' Steve Licht, MartinLittlefield, Lou Litwak of the toddling Stare Decisis team said Harmeski, and Paul McCarthy each of whom following the game. "I hate losing." At the half the played a sensational floor game. Glen Lefebvre arose Bruins led by only three, with the score 15-12. But from his sick-bed suffering from the fluand did an after Stare Decisis' Joe Gerkin scored on a fallaway impressive jobdribbling and shooting from his knees. by Skip Hunter Junior forward, Larry Taylor poured in 10 out .. Tender Loin the Main Place Mall where the food is as varied as the view. The Sandwich Shop upstairs is nojjhe best, but if you ordered something hot, it generally is. The specialties are off the grill, and tend to be a little greasy.There is also a downstairs stand, that makes no pretense of being anything else but a hot-dog and -continued from page 8 hamburger pit. At the other end of the mall is SchrafiVs Hamburger Chalet, upstairs and down, where the only difference is the price. Upstairs, of course, is more expensive, and even downstairsis a tittle expensive for hamburgers, but the service is gooji ami the atmosphere more relaxing. When you get dressed up for a job interview or some other non-scholastic endeavor, and put oh a suit, pantsuit, skirt or bra (choose from the above), you might want to take a slight step up in price as well as quality and atmosphere ,and try Jack's Cellar 110Pearl or theDeli, located in thebasement of the $tatler. ■ '■";' V A "* ■' '" ■■ at '■ '' • �February 22, 1973 THE OPINION 8 BulETiNBoARd LALUMNI INE CLASSIFIED AD ACLU To join with 180,000 other Americans in the Blacksmith Shop, 1375 Delaware, Jazz by Thermopylae (described by ethnomusicologist Bill defense of liberty through an ACLU membership,, by Earl Carrel Civil Liberties Union, to The Law School Alumni Association'sannual dinner and awards Tallmadge as "Electric Art-Music"). Organic food send your check American 22 East 40th Street, New York, New York 10016. presentation will be held Friday evening March 9, 1973,in the Buffalo and/or methyl alcohols. $15 Basic; $25 Basic Joint Membership Categories: Athletic Club. Three distinguished alumni will be presented awards for ARESTPOJNKMCES ANISIUS Membership; $50 Sustaining; $100 and up distinguished service. The awards will be given to retired City Court Sponsoring; $1,000 and up Life; $5 Limited Income. Judge Frank J. Luchowski, '37, the late Samuel C. Battaglia, '27, and COLLEGE vice president of theNew York Members receive the newsletter, Civil Liberties, and James Reston, ClarenceR. Runnals, '15. Times and nationally syndicated editorial page choice of other ACLU publications. In addition to the awards, diplomas will be presented to 15 columnist, has accepted an invitation from Canisius February graduates of the Law School, who will be guests of the College to speak at the Fitzpatrick Chair of Political SPEAKER'S HOUR Bilder, of the University of Association at the dinner. Professor Richard B. Science Lecture. held March 1 in the Wisconsin Law School, will speak Thursday, program The be * * * * will Abram Pugash, '41, ofSynder, diedFebruary 13,1973. 22, at 1 p.m.! Room 110. The topic will be Canisius College Student Center Auditorium on February � Hughes Avenue, Buffalo, beginning at 8:00 p.m. The the Icelandic Fisheries Case. Sponsors are Mitchell * '52, of* Buffalo, George E. Bingenheimer, Distinguished Visitors Forum and the died January 26, 1973. Series, Lecture public is invited to hear the Fitzpatrick Lecture at � # � International Law Club. charge. * no Hon. Frank R. Bayger, *55, Erie County Court Judge, has been SUMMER IN FRANCE elected to the Executive Committee of the NYSBA Criminal Justice CONCERT All those interested in this summer's course at Section. JudgeBayger will serve a one-year term as therepresentative Radio will the International Institute of Human Rights in Niagara University and WKBW of the Eighth Judicial District. He is also Chairman of the section's present the Guess Who and Messiah in concert Strasbourg, France, please leave your name and sub-committee oncourt reform. Sunday, February 25, at 8 p.m. in the gym on the address with Shirley. Niagara University Campus. Tickets are $4.50 * * * * Eugene W. Salisbury, '60, of Blasdell, is the new president of the (general admission) arid are available at Buffalo BELGIAN EXCHANGE New York State Association ofMagistrates. All those interested in participating in Belgium Festival Tickets, U.B. Norton Union, Buffalo State Ticket Office, D'Amico's in Niagara Falls and at Exchange Program, with the University of Brussels, * * # James P. Manak, '64, assistant professor at the Law School has Niagara University. please fill out survey available at Shirley's office. been appointed a Reporter for the newly formed Minimum Standards for Juvenile Justice Project of the American Bar Association and the STUDENTS invest in life insurance Institute ofJudicial Administration. now while your premium rate is low! * * # * MFw Ernest J. Norman, '70, dropped us a line from Washington, D.C. where he is working in the General Counsel's Office of the%Small Business Administration. Before going with the SBA, he was with the New York Life Insurance Company Interstate Commerce Commission. Life, Health and Group Insurance Annuities Pension Plans no an are are on on College Hughes public present (general Niagara Sunday, columnist, charge. Niagara Office, Avenue, University. Tickets, February University admission) program College speak Reston, nationally University accepted Buffalo, 25, Campus. Fitzpatrick president syndicated beginning p.m. Fitzpatrick Niagara Union, gym p.m. $4.50 page Science Festival Ticket COLLEGE Canisius CONCERT Times JAMES The James is and to Lecture. the invited RESTON has Guess D'Amico's at to U.B. Student will the vice hear Who TO and Norton at be SPEAK the and 8 and in Center invitation held available WKBW Tickets Messiah in AT of March at Chair Auditorium the editorial the 8:00 from Buffalo CANISIUS Falls Radio at ofPolitical in New Lecture 1 Canisius concert Buffalo in and State York The will the at , • * -Levi Tender Loin Gastronomical and Other Delights catering to the lunch crowd. J.P. MacMichael Service is good. If you walk down to 145 It seems that it is not only de Franklin, you will come to Ace's rigueur to knock the Buffalo Steak Pit which has a long circular weather, but also just about bar and a good sirloin sandwich everything else connected with (hamburger). The service is a little the city, especially its downtown tight during lunch hour, though. Going the other way, the next area. But upon more than a cursory inspection, one will find a closest place would be the UN relatively inexpensive way to feed Restaurant (please do not call it one's stomach (it's a little too the un-restaurant). It is much to expect to be able to feed inconspidfipusly located in the your head given one hour between basement of Prudential. One your seminar in Sewer Correction should differentiate between the and your Advanced Clinic on the sandwich counter across from the Socio-economic Effects of Life restrooms in the basementand the after Birth). main dining area. In the main This article is presented as an area, it seems that the waitresses alternative to brown-bagging your are very perceptive for they lunch or subjecting yourself to the recognize law students and are mercy of the Three Coin token extremely considerate in not time bomb special of the day. The wanting abruptly to bring us back weather will probably determine to the real world between classes. how far you want to trudge so I'll This trait carries over even after start with the closest place, the food is ready, for they apparently feel that we seek no Dußoist Almost everyone has at least earthly delights and do not mind heard of Dußois and at least that our sustenance is many knows where it is. The main degrees cooler than edible. entrance is around the corner If the winds have subsided from Eagle, and should not be below 30 m.pji.'you might want confused with the BAC which is to venture to possibly one of the around the other cornet from best, cheapest places downtown Eagle. Art will gladly give you Hughes Coffee Shop. Located on directions, and if you do not Main Street across from the know who Art is you weren't Ellicott Square Building, with a listening very well at Freshman side entrance facing Cathedral orientation. Also, for thoseof you Park, Hughes specializes in who have been wondering what takeout as well as a cram 'em in those law students have been on a stool service, but the foodis doing in the alley behind Eagle, great and the prices are better. allay your fears, for that is the There is a special every day, back entrance to Dußois. The together with a changing sandwich specialty is Budweiser, and they menu. During peak lunch hours, also serve Italian dishes, with a you fight for service and a stool better thanaverage fish fry special with downtown businessmen on Friday. Everyday there is a (take note libbers, I mentioned special, which means they knock a men first) and young secretaries couple of dimes off the normal dashing in for a quick one. Speaking of downtown price of one of theirdishes. Their and young sandwiches are on par with most businessmen secretaries, it is a short walk to primarily restaurants downtown -continued on page 7 , - . . .. Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus. 852-3446 Res. 832-7886 Turn of the Screw by lan DeWaal This is the premiere column of "Turn of the Screw.'1 The column, appearing in each issue of the Opinion will focus on the 11th floor of the Prudential Building and will report events and dates concerning the administrative functioning of the Law School. As a mouthpiece for the administration, "Turn of the Screw" will hopefully ease the no^w congested flow of information between students and administration and give its readers new insights into the functioning of the LawSchool hierarchy. Lan DeWaal has replaced John Dick as Student Assistant to Marjorie Mix, Assistant Dean of the Law School. Mr. DeWaal will provide counseling for financial aid and other student affairs matters. His office hours will be Wednesday, 9:00 to 11:00 and Thursday, 11:00 to 2:30 in the Assistant Dean's office on the 11th floor of the Prudential Building. If these times are inconvenient, leave a message at thePrudential Building or at 838-4576 anytime. All students whohave not done so should pick up their student schedule card to affirm that they are properly registered for Iheir Spring Semester courses. Cards can be picked up in the Registrar's office on the 11thfloor of the Prudential building. Students whose names do not appear on the class lists at the end of the semester may encounter difficulty in obtaining permission to take the final examinations. Students are permitted to drop courses on April 16, 1973. In order to drop a course, a computer form must be completed in the Registrar's office. Students should note that participants in the three yearprogram must be registered for at least 12credit hours per semester while those in the four year program must maintain a 9 credit hour schedule per semester. Additional information can be obtained from CharlesWallin, Registrar. The deadline for submission of "Form UB" to the Financial Aid office for assistance during the 73-74 school year is March Ist. The deadline for filing the "College Scholarship Service Student's Financial Statement and Parent's ■ Financial Statement" was February Ist. Bolh forms must be filed in a timely fashion if an applicant is to receive consideration for financialaid for next year. Independent and married students note: the University-wide "Committee on Financial Aid to Students" has approved a new regulation1 for independent and married students. Hereafter, independent and married students will be assumed capable of contributing a -minimum of $750.00 toward their own support. Clarification of the effect this will have on financialaid awards can be obtained by calling Claire Cosgrove in the Financial Aids Office, 831-3724. Students who are now contemplating changing their residence for next year should begin looking early. The Off-Campus Housing office on the main floor of Goodyear Hall at the main campus posts daily lists of available apartments, rooms and houses in the Buffalo area. The administration is currently negotiating for space in the new residence facilities that will become available on the Amherst Campus next fall. Further information will be available in the near future. * ** The official dates for Spring Recess are March 19 through March 24. Any students who* *will* be applying for New York Higher Education Assistance Corporation (NYHEAC) loansafter March Ist should note that a supplemental form must be submitted with the application. These forms may be obtained from Jean Consiglio on the 11th floor of the Prudential Building. ** * In order to familiarize students with the committee structure of the Law School, "Coffee with a committee" hours will begin in the near future. Students will have the opportunity to query committee members on their responsibilities and the areas of the committee's jurisdiction. A listing of datesand committee names will be posted. ** * The assistant Dean has received a listing of public interest law firms across the country and available positions. Compiled by Harvard University, the list maybe found in Dr. Mix's office.' Gary Masline and Paul Litwak have been named recipients of scholarships from the Women's Auxiliary of the Erie County Bar Association. Each will recieve $400.00. ** * If you have any questions you would like to see answered in this column, contact lan DeWaal. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-02-22 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/22/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0a156b9f876f3a82673a41addacd5f6f.pdf 2fc8dc4963577389fcba086b5a449247 PDF Text Text The Opinion 77 Wort Eagle Street Buffalo. New York 142M OPINION Students vie for SBA Office? THE Volume 13,Number 6 NoD-Frofit Organization U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 706 February 1, 1973 State University ofNew York at Buffalo Law School those students who make no such request did not read farther. Whatever the reason, petitions for the five elected SBA offices numbered three as of Monday's 5:00 p.m. deadline. Marty Miller and Neal Dobshinsky have declared themselves in the running for the post of President, and Chris Greene is the sole contender for First Vice President. All are juniors. Miller, currently a junior class representative to the SBA, was an unsuccessful contender for treasurer in last Spring's elections. He is chiefly known for Nickle Coffee, a loungephenomenon last year which was terminated when someone stole the coffeemaker. Dobshinsky, who does" not currently hold office, proposes a program including reduction in fees, return to an A to F grading system, and a revitalized SBA -belling The Student Bar Association announced forthcoming elections last week with a remarkable lack of customary publicity and hoopla. Buried amid PLI/Marino crossfire and class assignments, the notice that candidateshad one week in which to file petitions sat beneath a short directive regarding fee waiver requests. Presumably, with a more prominent public image. Greene, who picked up his petition on January 29, the last day for filing, has espoused no program to date. In order to combat thelack of response, President John Hayden has put up prominent notices extending the filing date for the offices of Secretary, Treasurer, and Second Vice President until Friday, February 2. With the elections still slated for Monday, February 5, there will be little time for electioneering, which some students have called a blessing. While it is not known whether students will respond to the renewed opportunity to run, the initial lack of interest in an SBA position seems to indicate students' preference for other activities. One student remarked, "When I could spend twenty hours a week clerking in a law office or related field, why should I get involved in bureaucratic hassles for nothing? I don't need it." Some students seem to feel that the SBA should be abolished altogether. Citing inefficiency, a lack of programs and progress, they claim that the law school community would be better off without the responsibility of self-government. The only parties who seem to be interested in the SBA are those student organizations who depend upon it for their funding, but they have not produced candidates for office. The exception is Chris Greene, business manager of The Opinion who is the sole candidate for First Vice President. Other potential candidates who are active in other student -beling organizations have failed to run, citing the large investment of time in such a venture,and the minimal return. No alleviation of the problems candidates, officers, and constituents appears imminent. The February 5 elections are still scheduled, despite the paucity of candidates. The gnawing question is, will anyone vote? besetting SBA - Conversation with "Red" Schwartz Opinion: First of all, I would like to ask Opinion: In a recent article in the Buffalo you about the accreditation team what Evening News regarding the visit of the they said and what your response was. American Bar Association accrediting Schwartz: I would like to say that they team, you stated that our school will be were very enthusiastic. They felt that the growing in size, that we will increase the conditions that were necessary for a major size of the freshman class from 200 to 275 move forward were virtually all present, and eventually add 25 new faculty including particularly the quality of the positions, including 10 professors from faculty who were already here and the new "other related" disciplines. By taking on people who were coming in. They noted as 10 non-law professors, aren't we taking a well the interest of the people around the step in a very innovative direction? Schwartz: Just a clarification here, which country in joining us. Opinion: How do you feel about the may be an important one. Those ten new appointments are specifically intended to prospects for change in legal education? Schwartz: It seems to be entering a stage of bring into the Faculty of Law and major innovation. We can see that from the Jurisprudence knowledge of other literature such as the Packer and Erlich disciplines. That does not mean that the book that has just come out. The question persons who embody those skills will is, given acceptance of the necessity of necessarily not have legal skills. In fact, we change, how shall we shape our program in have been assiduously looking for and such a way as to preserve the traditional finding, in a number of cases, faculty values learning to think like a lawyer, members who are double-disciplined mastering the basic subject matter that people. law schools have taught so well in the past, Opinion: For example? and at the same time find ways in which Schwartz: For example, a law trained we can add the things which previously person who teaches evidence in a manner have been neglected? This law schoolhas a that is informed by his professional commitment to doboth to start from a knowledge ofpsychology. strong professional program and strengthen it further and then to move in a direction Opinion: In other words, many new which will provide us with better professors might have their law degrees, preparation for a variety of skills that but the point is they will have some further people need as lawyers. But to provide area of specialization in some social training in lawyers' skills so that they can science, such as sociology? be related to conceptual analysis that is Schwartz: Or in philosophy, or history, or it couldbe any of the other disciplines. the tough problem. Opinion: Specifically, where can we Opinoion: Are you finding a lot of people like that? improve? Schwartz: We should provide much more Schwartz: Increasing numbers are being in the way of legal writing and reasoning trained now. That is one of the reasons skills. The legal bibliography program has that we have a particular interest in a joint not been satisfactory, nor has the second degree program ""here, because we know semester (freshman) seminar been an that there are lots of sludents who want adequate way, uniformly at least, of law training but who also want training in providing legal research skills, I think we another discipline. are going to have to find some way of making those skills available to students at Opinion: Would it be safe to say that you an earlier stage in their-training and with will be looking for professors whohave this that orientation, even though they teach a greater intensity - - - - - and in manner involves the faculty to a greater extent... There seems to me a very strong sentiment in the school, in the faculty as well as in the students, for some better way of getting across these fundamental skills. traditional courses? Schwartz: Especially if they teach traditional courses, because we think it is very important to find ways in which you can introduce within subject matter areas conceptions of this kind, in a way that is not artificial and not digressive but rather that is synthesized with the kind of thing that a traditional course would set out to do. A classic example of that would be [Professor] Macauley ... He provides a preparation in the basic concepts of contract law. At the same time, it happens that Macauley is one of the top people in the country in research on how the legal process is actively used. His findings regarding utilization and non-utilizationof contract law by certain classes of businessmen are classic. That's the kind of thing we want to get into our curriculum, at all levels where it can be done well. Opinion: There are some students who seem many to be concerned that we will have too professors who teach what some -fried change the subject a bit. What's it going to be like on the new campus, being the first ones out there. What is the environment going to be like, and what's it going to mean for clerkships? Schwartz: 1 think it can be a great experience for us. We are aware of some of the liabilities that could result from our being out there and we are looking to obtain the resources that are necessary for quick transportation back and forth. We're also exploring changes in curricula arrangements of a kind that would facilitate the student undertaking a clerkship or what is the equivalent of what he has been able to do in the past here. On the advantage side, we're going to have our books together in one library. We hope that we will not be the only academicunit out there so that it may be a better experience than a lot of people apprehend at this point. consider the less "relevant" social science or sociological courses at the expense of the more traditional curriculum. What do Opinion: Aren't you really discouraging yousay to these people? clerkships (by moving to Amherst? What is Schwartz: Well, I have to ask them for your position on clerkships? particulars on that. What we have tried to Schwartz: You mean paid, not-for-credit do is ask specifically what things are not kinds of activities? being covered satisfactorily. If we can show Opinion: Yes. that everything that needs to be covered from the perspective of the most Schwartz: No, I certainly wouldn't intend traditional conception of law training is to discourage that. In fact, changes in the being covered, then we feel that there is program by scheduling most courses in the not much of a basis for complaint. We morning should facilitate people would think it a serious problem if we were continuing their clerkships. I think it's a not able to cover satisfactorily the very valuable experience. It certainly can traditional courses. My feeling is that, in continue to be done during the summer fact, through our unusual emphasis, and 1 would hope during the year as well. through the distinctiveness of the program And further we would hope that the that we are developing here, we have experimental program of for-credit become a school to which young law clerkships wouldcontinue and develop. teachers wish to come. In consequence, I Opinion: Thank you very much for your think if you looked at the quality of the time. I hope you don't mind sharing your people who are willing to consider jobs comments with our readers? here, or who even campaign for jobs here, Schwartz: That's OK with me, provided it's that you would be very impressed One understood that this is not intended as any of the reasons that the faculty is going for kind of policy statement, but merely a set people who have the same kind of interest of reflections in mid-course. Policy is made in the other disciplines, and competence in in this Faculty after a great deal of them, is because by conventional criteria as deliberation and discussion, and I hope lawyers, those people turn out to be at that no one would misunderstand whathas least as good, and often better, than more been said here as constituting anything conventional people. more than the expression of Opinion: Before our time is up, let me opinion appropriate for yourpaper. .. .. �February 1, THE OPINION 1973 2 Presidents Corner Editorial be greeted with a short interview and a very polite hand shake. The present system is so fundamentally wrong that a series of petitions asking for an indication of preference drew no response in the column suggesting its retention. Though recent intra-school memos have in large measure clarified the meaning of our grades, and presumably eliminate the never officially approved HD, its meaning is still unclear to employers. Then too, it was and remains an ineffeciive 100l for our own use in measuring our knowledge. "Q" in particular is the bane of our academic existence since it covers all but the near failure.Note that at least one faculty memberlooks at the "H" as belonging only in the domain of the Creator, with no place on his marking sheets. A-F is not a cure. Nor is it a compromise of the other alternatives. What it is, however, is an directors have narrowed the field of choices for improvement. This sort of grading system is discussion at this poini (though others may well arise universally recognized and thus interpretable by and employer. The additional or develop from these). In general the alternatives student, faculty, are thought of pass-fail, retention of the present components of the system will allow more exact they yet distinctions, are nol so fine as numerical system, and A-F marking. For discussion I, will" grades with the absolutely indefinite difference assume these to be the only choices. The pass-fail system has in its favor the notion between one number and the next. This system also that we ought not to be going to law school for an allows for the use of a "plus" for class performance. extended game of academic grade comparisons. This additional factor would, of course, be a breach Learning in the view of the proponents is never in our anonymity rule, but if the plusseswere really evaluated by a grade which measures out the submitted before tests were graded the subjectivity competence in a few limited areas of an individual should not be objectionable. course. To its detriment is the fact that we must, in In any event, I he question needs discussion. fact, compete for jobs in the real world. Those of you who drive to learn about sonic individual area or Discussion demands people at SBA meetings, and if 1 you I would not depend upon someone else to were even in all courses will compete at the same level for the same position as the marginal student who came talk about it. Whoever it is you have so far been to law school only for a job. The only way for depending upon has not been serving you and that employers to divide sludents will be to ask (he statement may well include the Directors you question, "are you on law review?" The answer will elected. With Student Bar elections only a matter of days away I have no doubt but that you are all well steeped in what each of the candidates views as the Bright Elsewhere in this issue is a picture of books taken from the failings of the present officers and directors. in library, stacked up on a chair in one of the student offices, and posters will point the way to Nirvana and of the colors announce the choice will accompanied by a signed note, asking that thebooks be left until their contrasting candidates as people. only hope One that the are can office for over a "owner" returned. Those books remained in that are week. Until that student got around to using them for his paper. Or sincere as they artistic. be of the Presumably the first topic the year will whatever. sort of a grading system ought to Members of several seminars found it impossible to acquire the question of what is clearly the most importantand be used here. This seminar research. Because the publications necessary for their paper facing the SBA in several topics were often on related subjects, the removal of a book by one potentially fiery issue here areas yet no sharp divisions member for any length of time deprived other members of valuable years. Fortunately I which will impede some serious disussion between time in working on their papers. for Couldit be that the advent of the big-time rip-off artists signals faculty and students. We each seem to be waiting well be the coming of big-time status for the UB Law School? Will the some proposal to react to, and the delay may question. fatal the to competitive spirit exhibited by these people move us into the big Preliminary discussions among sludent and SBA leagues? This kind of thievery, after all, is rampant at Harvard, and VANISHING BOOKS - 11 presumably, other schools whohave "made it. We can hope that the library'ssecurity will be tighter when we move to the NewCampus. - freshmen, point passed days, not, having waiting get you required required previous really Thursday, grades professors people grades experience faculty (Although forgotten takingfollow-up having they're students, any making February flunk.) you Lspecially graduating being grade they GRADES first whether seniors semester's to And. Accolades Let out those was who that us In no their last were for case remind some to exam the Professors have courses courses. one the in. no in and three have without idea are is Del for rather now whether that in Cotto that other the awas with Ihe miserable matter. and the from Del deadline Davidson first Cotto their state. idea to own for courses whether for the law wondered 12. to school last the We tor or GRADES- Accolades to Professors Del Cotto and Davidson for being the first to gel their grades in. (Although with Del Cotto you wondered whether you were the one in three that was the first to flunk.) Let us remind the faculty that the deadline for graduating seniors was last Thursday, and for other students. February 12. We point out that some people are now taking follow-up courses to last semester's required courses without having any idea whether they passed those required courses. And. in case professors have forgotten from their own law school days, waiting for exam grades is rather a miserable state. Hspecially for freshmen, whoreally have no idea whether they'remaking the grade or not, having no previous experience in the matter. RiGHT ON! TBE by Otto Matsch --—John Levi -Articles& Feature Editor - Earl Carrel Editor Roberts Editor-in-Chief KUDOS Yes folks, it's that time of year again when we rulers of the Workers' Paradise knowing a viable pause to pay tribute to our fellow spokes on the policy when they see it, unlike those dumb farmers great wheel of life who have performed above and who don't know anything except how to grow crops. beyond the Call of the Rim during the past The Doctor "Papa Doc" DuvalierMedicinePrize revolution of the Zodiac. The Right On! Awards for to Edward Kennedy, Massachusetts forhis tireless 1972 go to: efforts toward bringing socialized medicine to to those poetic America so (hat Americans can enjoy the same high The Joseph Stalin Culture Prizt gentlemen Leonid Brezhnev and Alexi Kosygin, standards of medicine practiced in other socialist for their support of the fine arts in countries, e.g., Albania, and Uganda, and for Moscow Siberia and insane asylums, and in particular for openers, at an annual cost to the taxpayer of only their commendable quashing of the crypto-fascists $70 billion. Aleksandr Solzhenitsyn, Boris Pasternak (RIP), Yuli The Attila the Hun Peace Prize to Premier Pham Daniel, Yuri Galanskov (RIP) and others too Van Dong, General Vo Nguyen Giap, et al, Hanoi numerous to mention, thus preventing the pollution for their valiant efforts in bringing peace to of socialism by art. Indochina by sending their peace-troops into Laos The High Priestess of Sexist ChauvinismPrize to and Cambodia in furtherance of the civil-peace effort for work in in Vietnam and especially for Operation Peace Germaine Greer, Delphi her pioneering deciphering the mysterious code hidden in llama beginning in March 1972, when they sent 14 entrails and goats' droppings, resulting in her infantry divisions accompanied by self-propelled ingenious deduction that any heterosexual artillary, SAM launchers and 600 tanks into South relationship between consenting adults constitutes Vietnam in a final effort to make the South rape unless until said parties obtain advance written Vietnamese people peaceful, but peacefully, mind permission from the High Priestess. you. The Adolf HitlerBlack Culture Prize- to General The Benedict Arnold Patriotism Prize to Idi Amin, Uganda forhis praise and admiration of Americans (?) Joan Bae^T Ramsey Clark, Jane Hitler's solution to the Jewish problem, for his Fonda, Tom Haydn, Telford Taylor and sundry recognition of the racial threat from the mongrel comrades and fellow travelers to Hanoi for their Asian hordes to the pure genes of the Ugandan Yolk, gallant contributions to the Hanoi liberation and for his liberal and enlightened solution to the government that is trying to bring peace to their AsianProblem. warlike neighbors, the Laotians, the Cambodiansand The Paul Joseph Goebbels Freedom of the Press the South Vietnamese, in the same peaceful manner for its Prize Hitler and Stalin used to bring peace to their to the United Nations, Fun City outstanding work on behalf of freedom of the press neighbors. and communications, specifically for adopting The Christopher Columbus Prophet ofthe YearPrize to the Boston to Washington axis of the Liberal (107-2) without debate a resolution calling for the for their banning of satellite broadcasts into nations that Establishment, Media Department don't approve of uncensored programs; and, under' 1unanimous, one-voiced and unerringly accurate the one nation-one whoop rule, for shouting down prognostications during 1972: that Ed "Crocodile the devilish delegates of the reactionary, colonialist Tears" Muskie, the front runner would carry the Democrats to victory; that the mining of Haiphong regimes that called for debate. to the Harbor would cause the cancellation of Nixon's trip The Billy Sol Estes Green Thumb Prize Kremlin, Moscow for sticking by their policy of to Moscow and start another war; that the 18 to 21 collectivizing the farms in Russia despite .55 year old voters would swamp the polling booths and consecutive years of crop failures, draught and poor carry Whatsisname to victory; that photos from weather (except over 3% of theland that is privately Apoilo XVII would confirm what every viable, owned and tilled,where the sun shone and the rain relevant newsman already knows that the world is fell as normal, and 40% of the crops were raised), the flat, - - - - - - - Kay Latona Sports - Douglas - Otto Matsch. Cary Masline, Mike Dunlavey, Peter Clark, Ted Orlin, John Hayden, Fred Steinberg, Dianne Graebner,David Schubel, Lou Haremski, Frank Buffomante, Ibby Lang, EJ. Mandel, Jon Kastoff. Staff The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in thispaper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Classpostage entered at Buffalo, N.Y. - - - - - AssistantEditor Managing Editor Peter Jasen Business Manager Christopher Greene Poetry Editor Robert Doren Photography Editor Christopher Belling - — - - Volume 13, Number 6 l973 OPINION K'"""v' - - - NBUEildWNG OTE Construction work on O'Brian Hall is progressing at a rate which should enable the Law School to have a new building in September. Some problems have cropped up, however, which should delay the move to Amherst until later in the summer than was planned. The Opinion presents a photo essay on the new building elsewhere in this edition. For those students who will be here next year, we can offer these tips. Bus transportation will be available from the Main St. campus to Amherst, probably via Ridge Lea. A cafeteria will be open in the Governor's Complex (Pei Dorms) and there will be full vending service in the Law building. Dormitory space should be available to those students who are interested in living at Amherst. For further information regarding housing, contact the University Housing Office later in the Spring. �February 1. 1973 THE OPINION 3 To The Editor Dear Sir, Hurrah for the Opinion in having the fortitude to expose in your December 7 issue the high-stepping shenanigans of that noted Bostonian barrister, your playmate of the month, Professor Ken Joyce! Yes, I too, thrilled to the tomfoolery of this Court jester sage, when he first mounted the attack in September of 1964, when he first came to our Law School. It is unfortunate that we practitioners do not know Ken more intimately, as the practice of law sometimes can be quite dreary. It is the Law School's good fortune, and our loss, that he has decided to stay in his chosen vocation, rather than - enter the fray of advocacy. I am recommending that the Bar Association tap Ken for some of their programs to light a fire under the stodgy members of the Bar, in order to give us once again some of the life and exuberance which makes this profession what it is. Very Truly Yours, David Gerald Jay Ed. Note: I would like to point out to Mr. Jay, that the editor of The Opinion, both at the time the letter was written, and now, is a woman, and as such, scarcely deserving of the friendly greeting "Dear Sir." Suggestions as to an appropriate greeting are solicited. Announcement With the beginning of the new semester, a number of changes have taken place within the Opinion Editorial Staff, Kay Latona has been selected by the Editorial Board to become the new Editor-in-Chief succeeding Rosalie Stoll. Rose will now devote her time to the PLI Bar Review Course. Kay brings experience to her new position, having served as Assistant Editor and as a member of several school committees. Another junior, John Levi, has taken over the duties of Assistant Editor. During the fall, John was a staff photographer for the Opinion and spent some time acting as Managing Editor. The new Managing Editor is Peter Jasen who moves up to that position from his former job as Articles Editor. Earl Carrel, a senior, will take on the responsibilities of Articles Editor in addition to his responsibilities as Feature Editor. Earl is a former publicity assistant with the U.B. Office of Information Services and with WNED-TV. He will now be in charge of the bulk of the written material in the Opinion. The remainder of the Editorial Board remains intact as Chris Belling returns as Photography Editor and Chris Greene retains his position as Business Manager, Doug Roberts will also continue to write his Sports Huddle column, As always, Opinion is looking for new blood. Freshmen and Juniors are encouraged to stop in Room 2168 and join the staff. Writing and production positions are open and no experience is necessary. Notes from Elsewhere -Kay Latona from VIRGINIA LAW WEEKLY, 11/3/72 Commiitee, was published 2 years ago and Minority student recruiting efforts by UVA's BALSA has involved talking with students at colleges throughout the East. Organization members attempt to present an accurate appraisal of UVA from the minority students' viewpoint. "Students at the larger universities have already decided to go to law school. The recruiter's job there is to negate the image of the University of Virginia as the bastion of Southern conservatism," said recruiting chairman JohnScott. from THE LAW SCHOOL JOURNAL, Stanford, 12/7/72 Women Lawyers: Facts and Myths The Board of Visitors1 Advisory Committee on the Status of Women and the Law has decided to press for improvement in two areas of concern to women lawyers and students placement and admissions. The Nordby Report, which spurred the creation of the Board of Visitors — attempts to debunk many of the traditional myths about women lawyers. Ninety of 130 Stanford Law School alumnae responded to a survey by Ms. Nordby in the fall of 1970, which formed the basis of the study published a year later. In an article to appear soon in the Stanford Lawyer, Lucy Lee, Stanford '71, explains how the report refutes some of the traditional views. Myth: Women law graduates do not work. Fact: 61% of the responding women are currently working full time in the legal field; 12% are working part time; 18% have previously worked. Myth: Women law graduates change jobs frequently, often merely to be with theirhusbands. Fact: 55% of the responding women have never moved; 31% have moved once or twice. The same percentage of men and women graduates are currently working and their job turnover is about the same. MISSING BOOKS Any person under deadline for a paper who has ever searched in vain for a case will understand the problems currently facing our library. The case stealers are innovative, and insidious. Generally, not only is the official volume missing, but often the unofficial reporter as well. Whole volumes of Shepherds are sometimes nowhere to be found for days at a time. A favorite trick of the book-nappers is to take the updating pocket part or the advance sheet forever. It is an extremely unfortunate situation when persons who will in just a few short years be placed in positions of trust, are unable to maintain even a modest standard of trustworthiness in their dealings with their friends. - _ Censure of New York Lawyer Provokes Reply The Censure of Martin Amendment Question? correction, and correction is inspired by criticism. Today whole sectors of our judicial Recently an article written by Herald complex are under attack because of Fahringer concerning the censure ofMartin disgraceful failures. No informed person Erdman, whoreferred to the judges of New can be other than unhappy about some of York City in rather unconventional the serious defects in our present-day language, was published in the American American system of criminal justice. Trial Lawyers' Magazine. The subject of Martin Erdman's scalding comments in Life that article shouldbe of concern to every magazine directed at the faults of our law student. We reprint it herewith, with judicial system were both incisive and informative. Mr. Fahringer's permission. Strong voices are needed on both sides On June 27, 1972, Martin Erdman, a of this controversy if the truth is to prevail. New York City public defender, was Our license to practice law should not censured for using harsh language in deprive any one of us the freedom to denouncing our courts in a private complain about the unpardonable defects interview published in Life magazine. (In in this division of government. We who the Matter ofthe Justicesof the Appellate wear no man's collar cannot remain silent, Division, First Department v. Martin for to do so is to invite shame. When our forefathers gave to all men in Erdman, 333 N.Y.S. 2nd 863 (3d Dept. 1972) this country the right to freely speak their I am unable to view Mr. Erdman's minds, it was not expected that their censure as a private grievance between the speech would always be pleasing to those state and him. Every lawyer has a stake in in places of power. Thisright was intended the controversy. For what happened to for all men, including lawyers, because our him could easily have happened to any one ancestors knew of no other way that free of us. men could conduct a representative form I fear that his unfortunate decision will of government. have an anguishing impact upon every Freedom of speech is indivisible, the lawyer's willingness to speak freely on state cannot deny it to one man and save it subjects of public concern. The power to for another. Oliver Wendell Holmes said censure can be used too easily as a handy that freedomof speech does not only mean implement for discouraging legitimate free thought for those who agree with us, dissent. but freedom for the thought that we hate. Consequently, the real danger in this Freedom of speech must exist for all or much eventually it will exist for none of us. unwarranted court action lies not so in the reprisal suffered by Martin Erdman, I do not know how many critics our an honest and dedicated lawyer, but the system of justice needs to help keep it fear it will undoubtedly instill in other vital, but I do know we have never had lawyers in raising their voices againsi our enough. Our allegiance to our federal and state constitutions and our obligation to government. We must remember that our the people must of necessity transcend government is one of choice. The people whatever reverence we owe to our judicial are left to freely choose those who will masters. ■ I cannot speak for others, but for me represent them in the executive, legislative and judicial branches of our government. the choice is clear. We must not allow The validity of that choice is critically" ourselves to be Intimidated by courts who dependent upon access to all relevant strike out at those who are fearless enough to think as they please and say what they information. In selecting judicial officers, the public think. This trend must be halted or our should know about their perfections as profession will lose much of its well as their imperfections. Consequently, independence and dignity. If we give in to criticism of public officials, as well as the courts here, there will be no end to judicial officers, is imperative in a what other rights may be taken from us. democracy. Judges enjoy no special We must carry on the heritage of our immunity from such comment, pariicularly profession best exemplified by men like More, Lord Erskin, James Otis, from Thomas when the finding of fault comes lawyers who are most aware of iheir Clarence Darrow and a multitude ot others who have walked the mountain shortcomings. Although most of us would prefer that ranges of our profession and who have such remarks be graciously made, it is dared to speak out against government elementary that the right to criticize can without regard for their own personal never be made to depend upon its tasteful safety. If we allow ourselves to be reduced to a exercise, I have always had an abiding thoroughly orthodox, time-serving, confidence that the riggings of our judicial government-fearing bar, we will have been system and the men who man those ships humiliated and degraded, and more of state are of sufficient stature to importantly, we will have lost much of our withstand the stress and strain of public usefulness to a free society. Mar t in Erdman may well end up comment, no matter how unpleasant it another casualty in man's historic struggle may be. As lawyers, we are the caretakers of for human rights. But in the eyes of this that important branch of government, and lawyer, he may take comfort in the although we may take credit for its immortal lines of another exile: "... and achievements, we cannot ignore its failures of them seemedhe who triumphs, not he Improvement can only come from wholoses. "(Inferno,XV, 121-124). Erdman: A First Women & Minority Faculty Appointments Schwartz, new "Non-success so far is not for lack of trying," says Professor Herman prospective faculty lor Chairperson of the Appointments Committee, which recommends appointment. js outstanding presently, and by the offing awaiting faculty approval. The outstanding offer is to CarolBrooks, currently one is in derki"g Comp'emfon'long St schools for minorityhiring is "fierce," according to Professor malfunctioning liaison Schwartz. There have been other problems, as well, among them the there have been between the Committee and the Minority Hiring Sub-Committee. Changes and wtll be interviewed ar, so attempted, with some success: two candidates have been presented schools, the present tight market soon. Schwartz points out that as more blacks graduate from law may ease somewhat. �Courtyard on level in center. February THE OPINION 4 of the building. Note sculpture skylight The skylight(from below) JOHLORDN'BAI Part of the library, lighted by the skylight Moot Court Room (those are standard size doors in the distance) Law building, view from dormitory complex View from the roof of law building 1. 1973 �February 1. 1973 THE OPINION 5 Faculty Office --there are 78 of these Study carrels, round windows are rotating polarizers Elevator complex Administrative Office (door at center leads to secretary's office) Kitchenette near administrative offices Terrace outside adminstrative offices Photos by Belling �THF OPINION 6 Food for Body Beaux Arts Trio Delights Pudience Last Wednesday, January 17, saw the third in a series of chamber music concerts at the Mary Seton Room of Kleinhans Music Hall, sponsored by the Buffalo Chamber Music Society. The Beaux Arts Trio, of New York City, performed works by Mozart, Ravel, and Schubert before an enthusiastic crowd containing too few law students. Unlike other trios, better known through their recordings, the Beaux Arts Trio relies on strong performances to make a name for itself. Each member of the triois a virtuoso in his own right; together, they provide not only individual excellence but the kind of fluid community without which chamber music becomes raucous competition. Menahem Pressler, pianist extraordinaire, filled the crowd with delight, with both his marvelous artistry and his whimsical technique. The violin, Isidore Cohen, displayed talents usually seen in Buffalo only when a guest violinist solos with the Philharmonic. AndBernard Greenhouse played his cello with sonority and sensitivity, letting the cello naturally blend and cavort with the others without competing for prominence and volume. The program featured Schubert's Trio in E-flat major, Op. 100,a work typical of Schubert in that it fills thelistener with premonitions of tragic depth, yet retains a sense of lightness, recognizing but refusing to wallow in the turgid depths of tragic emotion. Ravel's Trio in A minor, an interesting piece excellently performed, was perhaps the most enjoyable part of the evening, as the Trio enthusiastically rendered this surprising work. The program was well received by the audience, and indeed it was one of the most consistently excellent concerts of the year, according to one aficionado. The next concert on the Society's schedule features the Tokyo String Quartet, coming February 13. Tickets are $1.50 for students, $4.00 for human beings, available at the door. Further information can be obtained from Mrs. Una Leeming. 883-6004. What we have here is another example of Buffalo's ability to triumph over its environment; the Chamber Music Society can't salvage that fading tan, but it can give the mind a most pleasant vacation from the toilsof the law and the oppression of the city, Will There Be Peace In Vietnam? by Hugh Manke February I 1973 and Soul bureaucracies . Seventh floor please: And she's going to be in a piano recital next week. Oh, that's very nice. How long has she been taking .Excuse me, excuse me ... Right down thehall, sir Room 714 11, 12,13,15? 14! . . Let's see. All payments no Returns no Yes, I wonder if you,.. Line 3, sir. Thank you - - . Hey, am I in the right line? 1 don't know; lady asked that I just Charlie said we might go to visit his mother this.. Yes, I'm. . - . (stamp, stamp) Line 2 please Next - - . Excuse me, but I want to pay... Line 3, next Stub, please Excuse me, sir Do you have a cigarette? Stretch McDivitt. What can you say about Stretch thathasn't already been said *- NOTHING. Second only to the center in importance is a high scoring, free wheeling point procurer. Once again the Shysters have this in Fast Eddie McCuen. Around the circuit, they say that Fast Eddie has more moves than Allied Van Lines. McCuen's prodigious scoring has enabled the team's other gunner, mop-haired Smooth Roberts to concentrate on his other incendiary talents, most notably referee The unobtrusive man in the corner named Ivan Mullan is the team's stabilizing influence. Coach - Line 2, line 2 line 2? Thereisn't any line 2! What the Line 3? But I was already in. I can't believe it. - .. Old form please.. Stub... Readline 11 Sports baiting. You gotta match Well, I took the letter.. No, I'm sorry, sir, You'llhave to go down ,to the first line.. Excuse me, Excuse me. Taps seems more appropriate long-term policy. As a matter of than skyrockets. The U.S. has fact. President Nixon has slapped by Douglas C.Roberts found an exit from the PRG/NLF in the face by Vietnam for its troops, but the stating the present government in The Original Celtics, the Washington Capitols, stage is set for the third Saigon is the sole legitimate sovereign in South Vietnam. the Syracuse Nationals, the Boston Celtics. To this Indo-Chinese war. The agreement finally reached President Thieu is now in a luminous list of basketball superteams add one more basically military, Paris quite position to claim greater name the Shysters. is in unlike the incomplete agreement international respect and The Shyster success formula simply stated is revealed last October. That recognition than ever before. this: Enter a league with little boys no! yet old inchoate settlement called for the When hostilities begin anew, enough to shave, add to this a few intimidating imposition of changes on the Thieu will be in a better position behemoths with cretin or less intelligence to keep central government in Saigon and to request internatonal support thereferees in line, mix this up with an overstuffed a new status for the Provisional than he has been able to in the player-coach and theresult is certain SUCCESS. Relying on this carefully thought out formula, Revolutionary Government of the past. NLF and the "third force" All along, President Nixon has Shyster coachBoom Boom Solomon has molded this neutralists. It seemed as if the sought to give President Thieu "a well-oiled aggregate from a bunch of overaged parties in Paris were working fair chance" to defeat the children who still have not yet given up the hope, toward a coalition government. revolutionary forces in South however slim, of catching on with the Philadelphia When negotiations began in Vietnam rather than to push '76ers. Regardless of their reasons for pursuing a 1968, the North Vietnamese and South Vietnam toward a Shyster career, each squad memberhas sacrificed his the NLF sought to tie political government that would reflect the personal dreams and ambitions and given his heart, issues into a military agreement real political situation. The body, and soul to Coach Solomon. Boom Boom, with the U.S. They wanted the present agreement reflects that however, allowed his players to retain their minds, U.S., in effect, to legitimize the "fair chance" notion. It does not since none of the gentlemenhad used them up to his revolutionary force as a viable seem to be a serious attempt to point in their law school careers and Solomon wisely political entity in the South and, establish "lasting peace" in reasoned that terminal atrophy had set in, negating their functional use to the team. in effect, to pull the rug of Vietnam. Reconciliation between the In building a successful basketball team from international recognition out from Nguyen President Van under PRG/NLF and President Thieu the ground up, all coaches agree that the one Thieu. seems impossible. There are about essential ingredient upon which the foundation must The U.S. on the other hand, 145,000 conventional troops and be forged is the presence ofa big man in the middle. was not as anxious for a para-military cadre working for He must be imposing, intimidating, insiduous, settlement as the opposition felt the NLF in South Vietnam and indignant, and invertebrate. Coach Solomon was and refused to meet the political 65,000 political agents, at least unfortunate enough to find just such a man in demands. First Dean Rusk and 20,000 of whom are inside the later Richard Nixon argued that Saigon Government's bureaucracy, according to CIA legitimate alternative to President estimates. The reason the U.S. never ,Thieu would encourage insurgencies throughout the attained victory in Vietnam is that fighting a society, not just it was developing world. The "peace-at-hand" talk last an army. South Vietnam is a fall reflected a major U.S. revolutionary society and a and a struggle that has been going on for concession to the PRG foreign 30 years cannot be stopped by an deviation from U.S. agreement agreement arranging for a foreign policy. But the present with that military withdrawal. is firmly in line No, sorry, I don't smoke. Look, if you don't behave, I'll have to tell your father No, sir! no, sir! You'll have to go downstairs with this. ..) Thanx Yes, I just... - — (stamp, stamp. Line 7 Huddle Solomon can always rely on Ivan to get the key rebound or make the winning basket in a tight situation. Rounding out the Shyster starting five is that diminutive dynamo known to his close friends and distant relatives as Superfly Pilato. When he's not busy drawing technical fouls, Superfly can be seen dropping bombs from the outer extremities of the basketball court. No team can play top-flight basketball without a lop-flight bench. Once again, the Shysters have been accorded this blessing. The number one guard is that ever-smiling, high-flying bundle of kinetic energy named "One-Toke" Portnoy. Since taking up smoking, Portnoy has reached career highs in all his endeavors. Sitting next to Coach Solomon on the bench is GuidoOlivieri. Guido would be seeing more playing time if it were not for the fact that a communication problem exists between Olivieri and the rest of the squad members. Since disembarking from the boat 10 years ago, Guido has made great strides in learning the language of his adopted country. Unfor tvnately, however, his English class has covered only the nouns, verbs (both transitive and intransitive), and prepositions. Without a knowledge of personal pronouns, Guido has been stopped from asking Coach Solomon to let him enter the game. The third replacement is the squad's only freshman member. He goes by the name of Cheech Letro but there is a rumor going about that his real first name has something to do with a talking mule. Regardless, Cheech plays the game hard. One of the Shyster cheerleaders was heard to remark in regards to Letro's style, "He's got what it takes and he knows how to use it." To get the answer to the Shyster's undefeated record, Coach Solomon was asked to explain the primary reason for the team's success. Solomon quickly responded that it was not his coaching genius that made the Shysters so awesome. Instead, he dutifully cited the Admissions Office for enabling him to assemble this powerhouse. Boom Boom pointed out that the median law board scores Tor squad members was 337, while the median grade point average was 1.52. Res ipsa loquitor. �February 1, 1973 THE OPINION 7 INTERVIEW: DANNYE HOLLEY The Opinion interviewed Assistant Professor Dannye Holley in his office on January 26. This segment covers Professor Holley's views on the Minority Student Program; in the next issue, we will reprint Mr. Holley's remarks on teaching and students. Dannye Holley received his J.D. from Buffalo Law School in 1970; he received an LI.M. from the University of California at Berkeley in 1971. In his second year on the faculty, he teaches Criminal Law, Conflicts, and a seminar in Education Law. He chairs the Minority Student Program Committee. -John Levi program. I and some other students in my junior and senior years had worked with the administration and faculty here to increase the enrollment of minority students by about five or six hundred percent. The program was just getting off the ground and I felt, when 1 was making a decision about what to do, that I was more interested in continuing to work with that program than I was in taking any administrative position outside the law school. 1 became interested while at Berkeley in a number of subject matter areas that I am still working on as a law teacher. program. Professor Hyman, who has taught the Torts course in the last two summers, required the students to write much more extensively than time would permit in a regular size Torts class. What 1 did last summer in the Methods course was to have people submit a series of papers, starting with a case brief and eventually moving to the production of a synthesis of the cases and materials we covered. We spent much of our time di scussing and evaluating the product of individual and group efforts to develop such syntheses. The concluding research project involves students writing different MINORITY STUDENT PROGRAM forms of legal papers I a BACKGROUND memorandum of law, inter-office O: What kind of success have memo and a letter that would be Holley: The major part ofmy you had with the minority sent to the client in a hypothetical educational background has been student program in terms .of case. spent in Buffalo. I attended helping people with an grammar school, junior high underprivileged educational O: How was this followed up background to be able to make it in thelaw school curriculum? through thelaw school? H: The benefits from the H: I think that our success, if program are supposed to be any at all, is qualified. Because the principally two-fold. First, people program is still in its infancy and become familiar with the teaching this law school,like any otherlaw technique and what they are going school, is still struggling with the to be required to do in terms of problem of how to ensure that performance on exams prior to they provide enough academic their entrance inlo what amounts assistance so that students who do to competition with the students come from an educalional who are admitted on the regular background which indicates that admit criteria. they will have an initial competitive disadvantage, will be Second, for those students who able to get through law school pass the required course, this successfully. reduces the course load in the first We have made several starts at semester, the semester in which (developing a program of the minority students have had additional academic assistance, the most difficulty. The third but we have yet to settle on a benefit is an alternative to the school, Hutchinson Technical Complete format for a program second. A student who passes the High School, undergraduate which we feel will actually required courses in the summer is school at SUNY at Buffalo, and provide such aid. eligible to enroll in Professor law school at the SUNY/B Law Fleming's Remedies course in the School. The one year of my Fall, which should provide him THE SUMMER PROGRAM education that was spent outside with a greater overall perspective the WesternNew York area was at The academic component to of the operation of the law. Now, the University of California at the program has really taken the whether this package is enough to Berkeley School of Law in their format of being a summer compensate for a given level of Master's program. program prior to the entrance of initial academic disadvantage The Opinion: What were you students in the fall of their attributable to educational preparing for when you went to freshman year. What we've done is background is a question that we Hutch? to try to eliminate as much as don't have enough data to answer H: Engineering, college possible the initial shock of the yet. Undoubtedly, we will preparatory. first year by having people attend continue to have difficulty in O; And when did you decide the summer program. The summer insulating the impact of the to get into law? program at first involved offering summer program, apart from such H: Even when I went to a course that is offered factors as improvement in the Hutch, I had always planned to go traditionally in the first semester accuracy of the admissions criteria .to Law School. One of the major of the first year of law school, which in turn would produce reasons I went to Hutch was that torts, but we're changing it this students with a greater academic at the time it was supposed to be summer to contracts. The second potential. This interrelationship a better quality of school than the course that we began to offer last highI ights the complexity of average academic high school in year was a course on legal trying to devise a program of Buffalo. methods. additional academic assistance for It was designed last summer to minority students. Some of the people possible aware as as O: What led you from make minority students simply prove wan ting to be a lawyer into of .the type of deductive and not to need any form of inductive thinking skills they additional assistance, and we are wanting to teachlaw? H: By my senior year in law would have to generally indicate somewhat hopeful that our admissions criteria will be able to school I had decided that I didn't in the first year courses. want to go into a traditional law select a higher proportion of such firm and practice. My options EMPHASIZES WRITTEN WORK students in the future. Other of then were to go into some type 0: In these courses, is there minority students might need legal aid sbciety or perhaps into a public interest law firm, or to go any kind of emphasis on product some form of assistance but their getting the student to turn in problem of academic adjustment on and get my master's degree. may be of the same type and And at that time I had been papers? H: There was a general kind, albeit of a greater magnitude talking to people about taking a technique than that faced by all first year couple of administrative agreement that writing positions: as an example, national was something that should be law students. Others, however, do director of the Law Students Civil heavily emphasized in the summer have unique problems on adjusting to the academic Rights Research Council. I finally program. decided to go ahead and get my There was a general agreement requirements and environment of master's out in California that developing the ability of law school. The goal of the principally because I was students to demonstrate in writing academic component of the to become interested in continuing the work the legal skills they were in the minority program is acquiring should be a sufficiently sophisticated to cope I had started at the law school process ofgoal in the summer with these complexities. with the minority student primary — IABI- , — ADMISSION CRITERIA Another thing that the minority student program worked on last year was developing criteria foradmission of minority students which would satisfactorily measure people who would be able to do competently in law school without relying on the traditional criteria employed forlaw school admissions, namely gr ade-poin t average and LSAT score. Rather than simply rely on those two factors especially since the consensus of the committee was that the LSAT does have a great deal of cultural bias in it in terms of the kinds of questions it asks and the type of background that the drafters of those questions have in mind, the expectation about the students' background that he brings to the taking of that test, so that we don't want to rely on (he LSAT as heavily as has been done in the past, but we still want to gel some kind of accurate criteria for measuring whether a person will be able to perform in law school we started to look at the past performance records of minority students who have already gone through this school (there weren't many cases), and we tried to find out from other schools exactly what they had discovered in terms of background factors which seemed to be significant as a gauge to whether a student would do well in law school. — . - EXAMINES UNDERGRADUATE PERFORMANCE We looked at grade-point average again, found there was some correlation with those students who performed comparatively well as v ndergraduates and those who performed well in law school. So we decided to continue to use that as a significant portion of the evaluation scheme. And we looked further at the undergraduate academic performance. The thing that we found most significant in terms of academic performance was the degree to which the student had improved his grade-point average in undergraduate school, started out rather poorly, but eventually started to catch on you could call it the "catching on" factor: in their third and fourth years, their academic averages were much improved. And in looking at the records and then looking at the law school performance, we saw that those kinds of people were the people who seemed to be able to make the academic adjustment to law school most quickly. And so we started to rely more heavily on measuring that kind of improvenient than simply on taking the overall grade-point average as the only factor. O: And you don't see this kind of correlation in the LSAT you don't see that the scores students who "caught on" are scoring higher on the LSAT than those students who didn't? H: We didn't see any kind of uniform pattern of people who have caught on performing better on the LSAT, no. We did find, though, that.the LSAT certainly is a good measurement for minority students as well as regular - - students in that a person who scores quite high on it will do quite well in taw school. But that doesn't mean that people who do not score well on it will not perform competently in law school or cannot do the work in law school, and that's what we're really concerned with finding out about measurements which tell us whether people will be able to perform in law school. O: It's been my impression that the LSAT is testing the student's ability to think in a lawyer-like fashion, if I may be very general. 1 wonder if you have been able to formulate any similar kind of test that would give you valuable results among minority m students. H: No. We've only begun to try to do something like that. What we did first of all, and what we're doing this year, is simply to have people write a very general essay about anything they choose, and then just in terms of basic English ski 11s, to have them evaluated to see if people have the kind of communicative skills that may be necessary. Because when you say think like a lawyer, you also necessarily mean the ability to articulate that kind of thinking on paper. We thought that there is a range of skills necessary to do that, including basic communicative skills. So what we started out doing is simply concentrating on that, on obtaining an indication of whether people have those kinds of skills. The next step is whether people can demonstrate the analytic ability to read and then understand what the cases have said, and to put those cases together in a format which can [hen be applied to a new fact situation. We haven't cojne close to arriving at a distinctive test that's going to eliminate the culturalbias in theLSAT. - BIAS IN THE LSAT I think that there are two basic areas of cultural bias in the LSAT that people talk about. One: in terms of the things that we're now talking about, the kinds of questions that test thought processes, I think that the bias there lies in the settings of the questions that they ask you to respond to to demonstrate the thought processes. O: Aren't these settings also in terms of the culture in which most lawyers will find themselves, in terms of a quasi-business setting? H: Yes, they are in terms of commerical or economic settings, but the problem is that that's not the nature of the cultural bias that 1 think people are talking about. It's one thing to say that after three years you may be asked to * perform in this kind of setting, and to demonstrate the skills in this kind of setting, but it's another thing to say that we're going to screen you out because you haven't come from this kind of background. Therein lies the bias. WHAT IS A MINORITY STUDENT? * O: What are the criteria for a student to qualify for consideration as a minority student? continued on page 8 �February 1, 1973 THE OPINION 8 BUlETiNBoARd Announcement The Opinion plans to do a series of articles on tenure. Questions and Comments are solicited from students and faculty. Thomas F. Pettigrew, professor of social DISTINGUISHED VISITORS FORUM psychology at Harvard University, will be one of the keynote spakers at an all day conference on The Distinguished Visitors Forum offers an "Institutional Racism," Wednesday, February 7, at all-star cast of guest speakers and lecturers for the The last regular issue of The Opinion was misnumbered 9. It should have been numbered 5. (Dec. 7, 1972.) the State University at Buffalo. new semester. Highlights: February 8: Judge/Professor Jack Weinstein, Sponsored jointly by the U.B. Student Association and the Committee for Formation of an controversialLong Island jurist; February 22: Professor Builder from the Institute on Race Relations, the conference also features an address by Charles Billings, professor of University of Wisconsin School of Law, giving the V MitchellLecture of the Icelandic fishery case. politics at New York University. A B Coming Attractions: Buffalo City Court Judge N Kaiser on pornography; and a member of the local 0 DROP & ADD I bar to speak on no-fault insurance. 0 S X Beginning last Monday, January 29, students H S must have written permission of the instructor and Dean Mix to add a course. Deadline date for dropping a course will be posted. Fee waivers are due no later than the 15 th day after the first day of classes at Shirley's office, Tuesday, February 6th. International Law Club meets today at I p.m. in Room 108, 77 West Eagle. Photographers . . . .. . STUDENTS now I N G invest in life insurance while your premium rate LALUMNI INE is low! by The Opinion is looking for work done by law student and faculty photographers for a special phot issue. If you have any work which youwould like to have considered for this special issue, please contact Chris Belling in Room 2168 or evenings at 631-5243. Do it soon, studentand facultyphotographers for a specialphoto Nicholas D. Grisanti, * * * 1972. * * * Marvin M. Simon, '27, of Gowanda, New York, died November 29, 1972. * * * The Opinion can use more people for our photo staff. There are some fringe benefits and we need your help especially to insure continuity in our work in the future. Contact Chris Belling. Saturday Business Invitees to the Blacksmith Shop, 1975 Delaware, by witnessing specific performance of jazz will prevent my dismissal. Mr. '20 of Buffalo died November 8, 1972. Samuel C. Battaglia, '27, Estate Tax Attorney in Buffalo for the New York State Tax Commission died November 22, Photographers Freshman Classified Ad Earl Carrel New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Savino. Bus. 852-3446 832-7886 Res. CRyptoGRam Maurice Frey, '28, retired Conciliation Commissioner for the Eighth Judicial District and Adjunct Professor .of Law was honored at a testimonial luncheon by the Erie Bar Association on January 9, 1973. Joseph G. Burns, '35, January 10, 1973. * * * of the Town of Tonawanda, died * * * Everett M. Barlow, '35, is the chairman of the NYSBA Finance Committee. * * * Albert R. Mugel, '41, a partner in the firm of Jaekle, Fleishmann and Mugel and an Adjunct Professor ofLaw has been elected to the Board of Directors of the Liberty National Bank and Trust Company. * * * Joseph J. Lococo, '45, of Buffalo, died November 10, 1972 after a long illness. * * * by "Kryptos In this space each issue a short cryptogram will be presented. The code employed is diabolically simple, but one that can be "cracked" by almost anyone. Punctuation, numerals and letter-groupings are unaffected by the code. No. 1 [key: blue fox] gqckniikgagg kd godup aebfirb qkam gfy- ta pkgrvudfg hi rnq ljcdhhxxiof kt Cwhahr. Wq. Etngt'o frnes uootqubbdj eookbgagj apr ej Aijpav. Gldo wniy nr apu Wsok Oearnfior. Esh iw Whcav tiev, viniqijw nkvem? Esw qkaq me Noduebutv tied ej 1979? Wfke luj rf ik kts me Noduebutz wex jnbeefe Wq. Etnge eu 1969? Pq oajf pz m fehf igis kts rnk Whcaz wex jnbeefscyy eu 1959? The answer will be given next week. If you Nnph, godul kedheejrgi siutyoixen ma fvhhgfkt think you have "cracked" the code send your Cwhahf. Rnq ljceky ka Noduebuy nqisnv kts mb solution to the Opinion and your name will be listed. Morris Mesch, '50 and Peter Honig, '61, have been elected Fellows of the American Academy of Matrimonial Lawyers. * * * Ralph L. Halpern, '53, is the Chairman of the NYSBA Committee on Professional Ethics. * * * Hon. Joseph S. Mattina, '56, Erie County Court Judge, will teach a course on sentencing to Superior Court Judges of the National College of the State Judiciary at the University of Nevada in Reno, July 18-August 14, 1973. * * * Roger V. Barth, '63 of Bethesda, Maryland, has been appointed one of the two Deputy Chief Counsels for the Internal Revenue Service. Mr. Barth, spent six years with the in two parts. Tobe continued next issue. Buffalo firm of Hodgson, Russ, Woods, Andrews, and Goodyear before his appointment as Assistant to the educational disadvantage, giver, Of course a decision to include for Commissioner of the IRS in 1969. the type of background that most admissions purposes.educationally * * Puerto Ricans and most Blacks and economically disadvantage^ Fine, '68, associated with the Buffalo firm of come from in the educational whites within the definitions of Robert P.Stevens, McCarville andFrizzel has been appointed system in the U.S. There isn't a minority students would be Williams, question when someone indicates contrary to the entire goal of the Counsel to the Erie County Charter Revision Committee. Interview with Holley. . . continued from page 7 H: First of all the Minority Student definition has never been spelled out by any kind of policy ■* document by the law school. Traditionally the State University has translated it into "educationally and economically disadvantaged," which cuts across ethnic types of definitions and really talks in terms of economics * andeducation. However, and I think this is clear, there is a presumption that goes with coming from particular ethnic minorities, that you do fit within that class of people who have been economically and educationally disadvantaged. And the presumption is really one that goes to the Question of * that he is from that minority group that he didn't suffer considerable educational disadvantage. Now as to whether or not people outside thoseethnic groups can qualify in the State University definition, the answer, of course, is yes. And if the law school, in adopting its final policy, chooses to say that we're going to go with what the State University's normal definition is for educationally and economically disadvantaged, then it would be possible for an Appalachian White to be admitted into the program. minority student program. That goal is to admit, graduate, and * * * . Dennis L. Repka, '69, of Cheektowaga, has been appointed a have admitted to the bar a Junior Assistant to the Erie County District Attorney. significant number of students * * * who are members of those racial Mark Farrell, '72 will enter the Air Force in the Spring as a and ethnic minorities who are Captain in the Judge Advocate General's Corps. presently grossly under* * represented in the legal The Law Alumni Association had their annual luncheon in profession. This semester, the conjunction with the NYSBA Convention in New York City Minority Student Program January 26, 1973. Guest speaker was former State Committee will be working to on Supreme Court Justice William B. Lawless. Mr. Lawless, develop a policy statement that will define "minority student" for now practicing in New York, is a former Buffalo the variety of purposes that it Corporation Counsel, former president of the Buffalo might be employed in the Law Common Council and former Dean of the Notre Dame Law School. School. * � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1973-02-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/1/1973 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/7388f195c40ccb9978c130fc7a647874.pdf ef416229b434b1742e3a92baae7da423 PDF Text Text No-fault is never having to say you're sorry. Volume I don't need a lawyer, I'm goingto tell die truth. MY OPINION 13,Number X December 19.1972 State University ofNew York Palace of JudicialWisdom 77iis issue of the Opinion is presented solely in jest. The editorsand staffhope it will be accepted in that spirit. Law School Spaced Out of Prudential University Commissar for Facilities Planning, John Teflon* announced that the move to the Amherst campus will be delayed well into the murky future. In an exclusive article with The Opinion, Mr. Teflon* outlined the reasons for the delay. The primary reasons for maintaining the Lawr Skool downtown are the delays in construction of the "chilled water plant," which will supply the chilled water for the new campus as well as the steam to heat Orwell Hall, and delays in the construction of the bar in the Faculty Lounge. Accordingly there will be no move to the Big O until sometime in 1984. (Dum, da-dum-dum) "It's pretty difficult to run a university without hot air and gin for the professors," said Teflon*, "although some are willing to drink Thunderbird* out of hip flasks." Provost "Red" Schwartz, when questioned about the future plans for the Lawr Skool expounded on the space problem. Since the Skool had given notice to the Prudential Building that the University will vacate the leased office space effective July, 1973, the owners of the Prudential Building have prudentially negotiated a le;.oe with the State to operate a combination bingo and massage parlor in the presently occupied space. This means that all Lawr Skool activities will be confined to Eagle Street, since the Chancellor's Office in the Albany Law School Becomes Leaning Pyramid. Complex has ordered that no more space is to be leased from non-university sources. In view of the upcoming space crisis, Ass't. Prov. Wm. Greiner has suggested that all student organizations be stayed temporarily. All faculty offices will be located in rooms 108 and 110, administrative offices will be located in what is now the Flaw Preview office, and all secretarial staff will be located in the Librarian's suites. The third floor will be converted to class rooms, and the entire library operation will be confined to the second floor corridors. Students will be required to show a class admittance card in order to enter the building. To accommodate Tower of by Carrel Matsch all the students, classes will be run from 0700 to 2100 hours. Seminars will be conducted in the streets by relevant professors. Robert Ketter, U.B. President, stated that he hoped to get some space for the Lawr Skool somewhere in the city, but refused to be quoted. "Don't quote me on anything," he exclaimed. He expressed hope that there would be cooperation from both students and faculty for this minor inconvenience, and emphasized that plans to expand the student body to 1200 by 1975 will continue as scheduled. "We need more lawyers," said Ketter. "The jobs are going begging." trademark Jurisprudence by Peter Jasen Resting on a sea of muck and mire, the Law and JurisprudenceBuilding has presently achieved a list matching that of the famous leaning Tower of Pisa, and the administration is very pleased. A spokesman for the Administration felt that the building couldbecome a rival of nearby Niagara Falls as a prime tourist attraction. A new committee has been formed with Provost Greiner acting as temporary Chairperson, and at that committee's first meeting the talks centered around continuing with the school's policy of fostering closer Administration-Faculty-Student participation in the handling of this windfall. In light of such policy, there were strong indications that a student would be appointed as tickets chairman, and sources close to the school confided that Michael Stachowski, a student at the law school, would — mammr Sutfornanta/Bsliing be the committee's likely choice. Many of the students were also pleased with the new leaning tower. Senior Otto Matsch beamed when he stated, "I am proud to attend a school whose facilities are finally —«—— leaning to the right." ■" MotCourt Regional The Region 69 competition of the Eisner v. Macomber International Moot Court Competition was held during November's period at Yale University in New Haven, Connecticut. Perenially strong,the team from the windy city, the University of Chicago, was once again the winning team. The problem mooted this year was extremely topical, dealing with the concomitant legal problems ol airline hijacking. More specifically, the underlying legal issuerevolved Beling Sympathizing with loss, Shysters donated this trophy Moot Court. to aroond an airline passenger's fourth amendment rights. Buffalo argued the petitioner's side, contending that airline officials have no legalright to comment on the quality of businessmen's underwear being carried in their attache cases. Buffalo's team flew to New York City via American Airlines, Competition coach fare, of course, and from there, the team tooka Connecticut limousine to New Haven. In the car on the way to New Haven, Frederick Steinberg met an eccentric, but wealthy, man who recommended a fine Italian restaurant in New Haven. Unfortunately, the complete staff of the restaurant was queer and Jesse Baker protected David C. Sehubel from a homosexual rape. After the restaurant affair, the Buffalo team was quite shaken. The team members contend that this factor weighed quite heavily in theirsecondround defeat.David C. Sehubel was quoted as saying, "I'll never eat Italian sausage again." All theteams in the competition were given tickets to attend the premier of Andy Warhol's movie "Heat"after the culinary delight the banquet. Sylvia Miles, one of the stars of the film, sat in therow directly in front of the Buffalo - by Dave Sehubel delegation. Sheasked that the team remember her to Ken Joyce, Moot Court Faculty Advisor. Allegedly, Mr. Joyce and Miss Miles made a film together on the virtues of chastity and its relationship to successfulbridge playing. Buffalo departedNew Haven by means of a helicopter Sunday morning after Jesse Baker won a bagel and lox eating contest the evening before at the Jewish center. Unfortunately, he did not win first place, which was a ride around New Haven in Harry Golden'scadillac. Arriving safely in the Big Apple, the team purchased several nice watchesfrom a gentlemanwho was having acloseout sale. It seems that the lining in his coat was wornout, and he was changing locations. Frederick Steinberg's watch lasted the longest, because, unlike the others, he did not try to wind his up. �Tuesday, December 19, 1972 New York Times 2 Editorial Smoker Lynched e eed ETvhilW The Opinion announces that, as a result of the death of Joe Strike, reported elsewhere in this issue, outside help has been offered the administration of the Law School in deterring the possession and sale of tobacco cigarettes. Sheriff jiike Amico-has a.deputy making jdaily rounds of the basemertt rboms"with thi"ae isrge;anS vicious Mexican Chihuahuas' (formerly German Shepherds, whose identities have been changed to comply with minority hiring practices) who sniff at each locker in an endeavor to ferret out any previously undetected tobacco grains. Each student and faculty member is frisked upon entering any of the Law School buildings by Special Deputies of the Buffalo Police Department armed with proper warrants. Breathalyser tests are given to random students in PI and 110 Eagle periodically. The Opinion fully supports the action taken by the Administration in its effort to stamp out the dread weed in our environs. UNKOWHO Two women libbers lying in bed, one turned over to the other and said, wheels. U.B. law grad, U.B. law grad, Bum bras, Broad Topics is a and a hot prospect with several local law firms the big ones) and Mrs. Earl Carrel (Earl makes 25 thou a year as an aide to one of Buffalo's finest law firms he's been promised a partnership upon graduation) while shopping in lovely downtown Buffalo lately (at some of the finest stores)bought some white elephants (the African kind were out of stock) Mr. & - - Mrs. Peter Jasen (he's a senior in Law School) announced a new addition to their family. Mr. Jasen brought home a lovely white miniature toy poodle named Fifi with a pink ribbon on Saturday. Congratulations to the proud couple ... Mrs. Mike Stochochochoch, speaking from her office in City Hall, will be sponsoring a crazy eights and kielbasa party next Thursday at 1:00 in 110. Admission by City Hall ID only . .. TNE OPINION C. Millhouse Green Photography Editor — Jingle Feature Editor — Earl "The Grinch" Carrolle Cossell Sports Editor — Articles Editor - Jasen — the Golden Fleece Managing Editor — John "Like the Dungarees" Assistant Editor — La Tuna Poetry Editor - e.e.doren Arts Editor - Ishkabibble Rabblerouser — Otto Matsch Editor-in-Chief Vacant Business Manager instead of - - Announcement The administration has announced that there are 11 and that only Yale Men need faculty openings for next year, apply. Q. 1 recently purchased a Shyster T-shirt in the basement of Eagle Street from a fly-by-night outfit, and when I wore it to tax class, I was called to answer by the professor, and consequently I sweated, a lot, and the red dye came off on my skin, and I can't get it off, so now I have a Shyster's tatoo on my chest. Can I sue them? ROBIN RED BREAST talk to their mothers. Q. I am teaching a Contracts course at a local business college and one of my students said that I didn't know what I was talking about. I have successfully completed Freshman Contracts, and I was wondering if 1 can sue for defamation? SLANDERED AT STRATTON A. Service of process will obviously be by mail and nail, so mail a "to whomit may concern" letter c/o the Law School, and nail service on the men's A. You might have successfully passed room door in the basement of Eagle Street, and if Freshman Contracts, but what about Freshman Marty or Al doesn't respond, write us again and we Torts? Go back three spaces, do not pass go, do not will give you their home phone numbers so you can collect $200. Tibetan Relics Unearthed Bellings Doug Levy Kay Friends of the Editor: F. Tom Bailey, Bob & Hazel, Dean Milk, Gil Buffomante, Dave Mooble, Diana Greaeaeouaebner, Mrs. Palsgraf, Duff Gordon, Lady Eldon.A Rose. wings, headed by Strike. The Cancer Caucus has a membership list of approximately twenty with some faculty input. In the past students have flaunted their membership in the face of pleas from other students, professors, fire regulations and health crusades. A spokesman for the Caucus, speaking from his bed at Roswell Park Institute, stated: "Lucky was a martyr. From now on we will redouble our efforts we will put two pipe smokers in every seminar room, we will triple thenumber of ash trays in 110 and then stomp out our butts on the floor! Wewill pass out cigars to all the profs thisis totalwar!!" If You Want My Opinion Steal jobs, U.B. law grad." Mrs. Otto Matsch (Otto If men were meant to fly, God would have issued them "I want to be a U.B. law grad, I want to have and not to be had, regular columnist with the Opinion Levi Davidson views body. Students entering P2 yesterday were surprised to see the dangling body of Joe "Lucky" Strike suspended by the neck from the central neon light. In the yellowed fingers of his tattooed right hand, he held a last butt in a final symbolic gesture. Attached to Strike's necktie was aprinted note: "Welcome to Marlborough country! (Signed) TheVigilantes." Mr. Strike had been the focal object of severalOpinion editorials whichhad incited the student body to fever pitch.The SBA formed the Vigilante Committee, ratified by nearly the total membership,at last Friday's meeting, determined at any cost to do away with the Cancer Caucus, an organization MB usic ox in frontof theLaw School. Excitement mounted when an embalmed yak was found next to the replica. Analysis using an atomic spectrometer and a molecular isotopic-spatula-interfacer revealed that the yak had only partially digested his last meal of ferns, terns, yearns, herniasand yogurt, indicating that he died suddenly and involuntarily. The embroidered breastplate still strapped to the yak's back packhas an in scription in pre-Tibetan Mt. Everest 15 meters tall buried Tibetan and has not yet been under the irridescent clay and glop translated,oreven deciphered. Archeologist Gordon Leekey was tripping down good old Eagle Street the other day when he stumbled onto an archeological finding which promises torevise all presently held theories of the discovery of America. It seems that while gazing into one of the cracks in the sidewalk he spotted an unlikely glimmer, whipped out his trusty E-tool and began to dig, and soon discovered a solid tin, gold-plated, zinc-brazed replica of Although any conclusions drawn from the availableevidence would be premature, Leekey indicated that he was hopeful that further excavations would reveal more evidence to prove his theory of a pre-Viking discovery of America by roving Tibetan yak thieves, mountain smugglers and/or missionariesand fur traders. "I think we may well find that the legend of the Abominable Snowman derived from an escaped Iroquois slave that the Tibetans took back with them," quoth Leekey loosely. Due to the windfall tourist attraction in the leaning Tower of Prudence (see related article, page one) Provost Schwartz has met with the planning committee and announced that there will be Muzak piped throughout the building. In an unprecedented move, Mr. Schwartz also expressed concern for the needs of students and reported that in order to overcome the psychological debilitation experienced by people during long distance moves, the Welcoming Committee of the Law Wives has offered to record on tape the hisses, squeals, and clanks of the radiators in PI and 108 Eagle. These tapes will be played together with the Muzak only in the classrooms, seminar rooms and the library, solely for the benefit, of the students in the hope that this program will ease the withdrawal symptoms and aid in expanding the dynamic parameters of this recent socio-mobile transmogrification. Beling �Sunday, April 1, 1802 Lydia Pinkham's Weekly Report 3 SOUL KITCHEN AalPnNWdork lays? Last year all my college friends said, "You're a theatre-person, why are you going to law school?" 1 would grin and they would, one and all, add, "And why, for god's sake, are you going to law school in Buffalo?" It was a reasoned decision on my part, going to SUNYAB Law. Besides the fact that I wasn't admitted to any other law school (a rather persuasive fact), I knew, to a reasonable certainty, that here I would be steeped in one of the most progressive theatrical atmospheres offered by any educational institution in the entire country. My reasonable certainties have beenrealized. Consider, ladies and gentlemen, the following conclusive evidence of the highly theatrical orientation of the law education available here on West Eagle Street. Where else can one find hourly STREET THEATRE performances of the caliber enacted by our freshman class as they emote and declaim their way between the Prudential Building and Eagle Street? (For those who are not so theatre-oriented, appreciation of our STREET THEATRE is considerablyheightened if viewed in terms of a complex, albeit modern, ballet. Note the lithe and well-trained bodies as they pirouette around speeding autos, leap over snowdrifts and execute perfect splits on the icy sidewalks.) We also have ENVIRONMENTAL THEATRE of an extremely high quality provided in rotating repertory in PI. The environments an audience might encounter in PI (some could regard it as a disadvantage that one never knows the environment billed for a particular day) are of two types: a) ass-freezing cold and b) suffocating hot. Both atmospheres are invariably enhanced by an interesting lighting effect commonly called over-powering cigarette smoke. Yes, in PI, the producers have created an arena for drama unequalled in any law school. It was here Professor Laufer enacted that unforgettable scene from old vaudeville known as Banana I and Banana 2, and here that he pleased the crowds with his rendition of how one may make a car "fly, like Batman." It is in this same Friday room that Professor Holley puts forth, three times a week (most weeks) a laudably consistent, side-splitting comedy called Crime Pays (If You 're a Lawyer). And it is also in PI that viewers can catch Professor Homburger's palatablecourtroom drama entitled Civil Procedure (of special interest to those concerned with technical aspects of production). PI is a veritable Garden of Eden for the theatre buff and just North of Eden, one flight up, law students are blessed with another center of culture, P2. The diversity and quality of entertainment offered there defy description. Section 2, for example, has followed the enthralling stories of men beset by hairy hands, dilatory eggs, and drunken text-book writers. Under the tasteful direction of Professor Fleming, .. those touchy topics were rendered with grace and timely relevance. But the Prudential have beginning. We also Building is only Theatre of the Absurd. (I would like, incidentally, to commend the ENTIRE freshman class for their landmark version of ABSURD THEATRE performed in the library last week which they lovingly call Legal Research Assignment job, troupe!) Note: I anticipate with untold glee the climax of my freshman year, the dramatic and production, Let's spectacular, cast-of-thousands Move to the North Campus. Ibby Lang For Al Katz: a sew-a-buttonkit. To Ken Joyce: Lou DelCotto. 1 copy of Tax Tips and Tax Dodges, from good promised From Howard Mann to Ken Davidson: a hairnet. To Professor Fleming: a hair shirt, a carbolic meatball,and a case of Chantenay carrots. - The variety and depth of the theatre experience at SUNYAB Law makes it a rewarding and satisfying place for a person of my orientation to pursue my studies. Round John Virgin A CHRISTMAS GIFT: the Eagle Street. Within those walls small ensemble companies rehearse untiringly for classical productions such as Law Review and classical comedies like SBA. Masses of students there participate in the equally gruelling, but more experimental forms such as the Lunchroom-Lounge Crew's daily Destruct Theatre act and the Library Contingent's interpretation of To Dan Gifford; a set of garters. For WadeNewhouse: a course in Brooklynese. To Bill Greiner: a hot air comb, in pink. Friday frey's tag Try all techniques Friday, and my heart (o my heart) isfilled WITH filledwith the desolation the smoke hanging in the lungs of a cross townbuss ) (like of knowing knowing is all that you can't bring it home again bring it home again bring it holmes again Why don't they give fridays aWay The other days cost sooo much fofree? — soooo eeeee as ye so so shall ye reap? shallow creep And now a word from Dean Mick's: CREOSOTE when)you've said creosote(( you've said it all -contributed by Lee Wrangler - With Apologies to Poe by Earl Carrel Once upon a Winter dreary, While I pondered weakand weary Over old Kings Bench reports Instead of doing Laufer's torts, I came upon some ancient tales Of persons thrown in musty jails. I read about the olden way The tortfeasor was made to pay for wrongs he did by night and day, and little could he do or say. My eyes grew sore, my head grewnumb. Professors told me 1 was dumb. I couldn'tbrief a single case Without a look upon my face, That spoke quiteplain that what I saw Was not fair or just,but law. It soon became an awful bore When I thought of time spent on the floor With books of law and rules and more To study law, ah, nevermore. .. We are not here to see that they get jobs, we are here to train them so that they might know what to do if they got jobs. Davidson Sponsors near Ms. TistbetShsoan Joly The organization demands the The SBA announces the formation and funding of the admission of more women into the Society for the Preservation of law school in a proportion equal to Equal Rights for Men. Faculty that of the general populace. "No advisor Ken Davidson announces law firm wants to hire a woman," that the group was organized in one member chortled. "In thisway, of response to the formation of two SPERM members willbe assured the having an abundance of jobs other sexist organizations NLF (New Legal Feminists) and again." Membership is open to law GLS (Gay Law Students). President Alan Leebowitz states spouses. So far, Leebowitz that there is a great need for this announces, Mr. Kay Latona (Jack) counter-organization to ensure and Mr. Tricia Semmelhack (Hank) have paid theirdues. that true equalitywill emerge. This is the Opinion hoax/jumdy issue. All Hems contained herein are presented with no harm intended. We hope all who are offended are - not. ' \ ' '' �Nixon 1, 1968 The Whittier Misrepresentation 4 Mugel's Bugle To my wife forlife, and then to my son; that no good, that goddamn son of a gun. Let him keep it a week, let him keep it a day, But at the end of a month he must give it away. A POA, I say, the boy must yield, nor hide behind that brawny shield of relations back, or perpetuity rule, He'll replace the remainders, that idiot fool. That spendthriftson, let him spend what he may, the corpus will sit to his dying day. And then, I think, just for a lark, I'll leave the remainder to Cousin Max, the nark. Is this man smiling? Why is this man smiling? The Opinion staff has triedits best to present a Christmas issue in jest. Ifyou 're offended, let us hear it, but we hope youlike our spirit. Ohho's Believe It Or Not (Take Your Cotton-Pick) Chicago: A three-judge appeals court today found Judge Jules Hoff guilty of contempt of court for his Ohho's Believe It Or Not (Take Your Cotton-Pick) during the trial of the Zeroes" and reversed their convictions for riot and conspiracy to riot. The court said that Hoff had behavior "Chicago Batavia: The Fastest Horse Ever. Fans were thrilled pink when Little Lightning set a track record for the historic oval. The speedy speedster blitzed the engaged in such prejudicial tactics during the trial that the jury was "hopelessly" prejudiced against the "Zeroes" and was unable to render a fair and impartial verdict. The court cited the conviction as absolute proof of prejudice in the jury box. The court listed over 200 specific track in a. three-eighths-mile fast 6 minutes, 42.6 seconds, beating the old record by miraculously 4.8 seconds. The sleek horse was led into the winners' circle to the tumultuous roar of the crowd, and the jockey instances of behavior it considered prejudicial by Hoff. The list included wearing judge's robes into court, gavel banging which interrupted the defendants (the appeals court assisted out of his safety devices by three squires. interpreted shouts of "F!!k you, you Hiking fascist pig-f!!ker" as pleas for justice, and shouts of "Dr!p dead!" as cries for mercy), arguing with As the Racing Commissioner Jockey Willie Shorts his wreath and prize money Shorts was heard to complain about the 300 pounds of safety equipment required of all horse-rider teams since the book "Unhorsed at Any Speed" has caused the Consumer Protection Agency to issue safety directives for handed Particularly irksome. Shorts commented, was the roll bar. Little Lightning's owner was also interviewed after the race. He acknowledged that Clydesdales were not as fast as the now-extinct thoroughbreds of yesteryear, but were the only horses strong enough to comply with the CPA directives. "We're working on the 6-minute 3/8 mile," he bragged. "No more beer wagons for us." saddles. OUTGOING OFFICERS FETED At a black tie dinner at Happy Jack's last week, the outgoing■ officers of the SBA werewined andI dined by the entire student body.| In between the Chicken Chow Mem and the Spare Ribs, Outgoing | Treasurer Mercedes Bill presented his fellow officers with solid gold on walnut plaques. i "Aw shucks," said Vice] President Rose Troll, "I guess we earned them," as c traced the diamonds spelling her name. Later she was quoted as saying "It'll sure look good on my resume." * counsel for defense, the Hon. William Kunst (now ambassador to Hanoi), allowing two-armed baliffs Belling Mandel's Magical Mystery Tour: A View from the Other End Call E.J. for Appointment Prerequisite: Torts B and Experience with the various aspects of privacy. into the court room (an "ominously militaristic note," noted the court), and worst of all, allowing the trial to extend beyond the jury's twenty minute attention-span. A fter Judge Hoff for and setting aside the "Zeroes" conviction,- the appeals court nominated the "Zeroes" for an citing contempt Academy Award for the Best Performance by Alleged Defendants. Commenting on the ruling, Ambassador Kunst said simply, "It worked." Mew Ass. Dean Vending Prices Appointed The administration, in a move to expedite the national trend to humanize wimmins has appointed Ms. Margy "Trix" Mix to the office of Ass. Dean.'She will work under Dean Filip L'Oknouroonee in a basic position. The administration has further announced that the new Ass. Dean will take complete control of the decorations for the faculty lounge in the new Law School Building, "Orful Hall," in Amherst, and that her comments should help to "round out" the discussions and present the "distaff point of view quite effectively . (cont. onpage oh ho) to Rise 200 per cent Across Board Steal-a-Dime Vending Machine Corporation announced-Monday that prices on their machines in the lavish underground lounge at 77 West Eagle would be increased 200%, beginning with the first week of final exams. The reason for the price hike, according to the notice, is to discourage the riff-raff now frequenting the new lounge facilities, which were recently redecorated by administration opposing the move to the new campus. The Wage-Price Control Board is reportedly looking into the situation, and will, no doubt, hand down a ruling by June, wlifch those faculty members participating in the" effort to remain downtown expect to appeal. �Alexander 1,691 The Peking Tom 5 EXAM SCHEDULE DATE & HOUR EXAMINATION ROOM Federal Tax (a) A-M N-Z Federal Tax (b) No. 110 Eagle St. No. 108 Eagle St. Prud. No. 1 DATE & HOUR EXAMINATION ROOM Friday, January 12th Administrative Law No. 110 Eagle St. Family Law A-L Prud. No. 1 Prud. No. 2 Land Transactions A-M N-Z No. 110 Eagle St. No. 108 Eagle St. Contracts SectionNo. 1 SectionNo. 2 SectionNo. 3 A-R S-Z No. 110 Eagle St. No. 108 Eagle St. Prud. No. 1 Prud. No. 2 Torts Section No. 1 A-C D-Z Section No. 2 SectionNo. 3 Prud. No. 1 Prud.No. 2 No. 110 Eagle St. No. 108 Eagle St. Wednesday, January 10th 1:15p.m. Criminal Law SectionNo. 1 SectionNo. 2 SectionNo. 3 A-R S-Z No. 110 Eagle St. No. 108 Eagle St. Prud. No. I Prud. No. 2 Monday, January 15th Civil Procedure SectionNo. 1 SectionNo. 2 A-K L-Z SectionNo. 3 No. 108 Eagle St. Prud. No. 1 Prud. No. 2 No. 110 Eagle St. JUNIORS & SENIORS: Tuesday, January 2nd 8:45 a.m. Wednesday, January3rd Contempt Intl Law No. 110 Eagle St. Gratuitous Transfers No. 108 Eagle St. CriminalProcedure A-M N-Z No. 110 Eagle St. No. 108 Eagle St. Friday, January5th Sales No. 110 Eagle St. Monday, January 8th Future Interests No. 110 Eagle St. Agency & Partnership Remedies Prud. No. 2 No. 108 Eagle St. Commercial Paper A-M N-Z Evidence A-M N-Z No. No. No. No. Constitutional Law (b) No. 110 Eagle St. Corporate Tax (a) Prud. No. 2 Civil Procedure (b) No. 110 Eagle St. Const. Law (a) A-K L-Z Prud. No. 1 Prud. No. 2 9:30 a.m. Thursday, January4th 9:30 a.m. 1:15 p.m. 9:30 a.m. Tuesday, January9th 8:45 a.m. 1:15 p.m. Wednesday, JanuaryI Oth 8:45 a.m. Thursday, January 11th 9:30 a.m. 110 Eagle St. 108 Eagle St. 110 Eagle St. 108 Eagle St. 9:30 a.m. M-Z Monday, January 15th 8:45 a.m. FRESHMEN: Tuesday, January 2nd 1:15 p.m. Friday, January5th 8:45 a.m. 1:15 p.m. AND THIS IS NO JOKE! code of professional responsibility 1: Canon A lawyer should assist in maintaining the integrity and competence of the legal profession. This means that no lawyer should ever tell his client about fee-scheduling and how it relates to price-fixing, and that every lawyer should make every effort to hide his bungling incompetence behind a facade of effervescently fl flowing legalese. Canon 2: A lawyer should assist the legal profession in fulfilling its duty to make legal counsel available. This means that the partners should sign their offices up as "assigned counsel for indigent clients, and send their most inexperienced young associates to do the trial work. How else should they learn? " Canon 3: A lawyer should assist in preventing the unauthorized practice of law. This means that you don't want any unnecessary competition once you've passed the Bar. Therefore, you do your best to defeat any possibility of law school clinical programs in your field. Canon 4: A lawyer should preserve the confidences and secrets of a client. This means that no lawyer should ever tell anyone but and his spouse what goes qj) between him and his clients, matter.) sometimes not even his,,spoust. (But that's another □ T fl T E D Canon 5: A lawyer should exercise independent professional judgment on behalf of a client. This means that he should litigate whenever possible, thus raising his fee, no matter what the experts in hisi field advise. Canon 6: A lawyer should represent a client fairly. This canon is here to reassure your clients. It should be posted prominently on the wall in every lawyer's waiting room. Every client should be keep waiting at least long enough to enable him to read Canon 6. Canon 7: A lawyer should represent a client zealously within thebounds of the law. This means that you make a lot of impassioned speeches in the courtroom, and to your client, and then you make a deal with the opposing attorney, and if necessary, the judge. Canon 8: A lawyer should assist in improving the legal system. This includes stifling unnecessary changes which non-lawyers, all of whom are unintelligent if not actually stupid, might see as being to their advantage. Like No-Fault. Canon 9: A lawyer should avoid even the appearance of professional impropriety. This is a misprint. For even,read especially. �The Akron Daily Granola 6 Thursday, February 13, 1919 OTHER RELEVANT Spring Seminar: NEWOFFERiNGS Law and the Turtle Charles Donegan will return to teach a course in Lawrence ». Fox. Ken Joyce will teach a course in Gymnastics at the European Health Spa. W.A. Boyle will teacha seminar: "Internal Union Democracy."Prof. J. Hoffa will teach a seminar in "JurySelection and Trial Strategy." Visiting Prof. Flea Turtlebaum This seminar will discuss the implications of the relationship between levels of land and sea jurisdiction, the power to articulate potato norms in soup, and Federal, State and local enforcement at the community level. For example, at present the Federal government is the relevant structure for the porpoise of assimilation and articulation of turtle law. In the seminar a small number of shells will be made available as a study aid relative to the parameters of the problem. I will designate a number of tissues with soup professors Pordum andLuderawill direct a course in "Legislative Decision Making." (Seniors only) "Philosophy of Law" will be taught jointly by J. Stalin and C. Manson. A special seminar, "Women and Labor Law" will be conducted by Professors Masters and Johnson. OHHO'S BELIEVE IT OR NOT Take Your Cotton Pick Boston: Sigmund Hatchetfoot was found guilty today of willful, premeditated, herbocidal assault, insensitivity to the Common Good, lascivious carriage, disrespect to a forest ranger, grass trampling (4th degree), possession of a dangerous weapon (pocket knife), public indecency, damaging public property, and foul, abusive and pornographic language. "All I did," explained Hatchetfoot to the court, "was to go to the park with my girl-friend, Irma Touchme,and potential. The course shall move at a snail's pace, and hypotheticals will be liberally posited. Prerequisite: Law and the Jellyfish. Dial 674-6466 to register carve our initials in a tree trunk. Then this nut rushed out of the woodsand arrested us just as I was finishing the T." The jury, consisting of four virgin Puritans, a Quaker, a token Indian, four golfers, a bowler and Boston's sober Irishman, convicted Hatchetfoot after seventeen secondsof deliberation. "You got a filthy, uegenerate, preverted mind and should keep it to yerself, Judge Sandra Cleavage toldHatchetfoot before sentencing. you're lying about using your initials; I think you were think "I carving obscene messages in the wood to prevert the squirrelies. Thirty days in the stocks and wash your mouth out with soap." Lam Review Holds Beauty Contest 11 blackstoned The Opinion recently unearthed the original copy of Blackstone Commentaries. Included were the following: Statutory Grape: legalized wine-making. Novation: the birth of a star; also, slang for,a Beling The fiftieth annual Law Review Beauty Contest has just been concluded and Editor Sandy Dave announces the twenty-five winners who will serve as peons for the coming year. Winners include: Mark Finfclestein, Mark Spjtz Award; George Quinlan, Yippie of the School Merit Medal, 1953 Award; George Neidich, Diction Award; Russ Petit, Commander Schwepps Award; Tony Ilardi, Buffalo Hairdressers Award; Skip Conover, Gomer Pyle Typing Medal; Chris Aston & George Neidich (tie)'Most Enthusiastic; Myra Goldstein, Vogue Fashion Award; Phillip Levine, NFL Defensive Player of the Year; Tricia Semmelhack, Hausfrau of the Month Award. Catholic devotion. Moot: a dead cow. Laches: bloodsuckers Garnishment: see condiments ResGestae: approximately 270 days. Remittitur: a stuttering bank clerk. Stare Decisis: a definite astigmatism. Escheat: a bar in Tijuana Rule against Perpetuities: safety first Affidavit: A book in the New Testament New Heads Hit Ed Biz Currently Under Consideration for Albert DeSalvo: A graduate of Appointment to theFaculty Ossining Institute of Higher Learning who received his LL.B. Drs. Masters and Johnson: from LaSalle, Mr. DeSalvo is Interested in teaching an interested in teaching a seminar in interpersonal seminar on "Sex Muggers Rights and Muggees Role Stereotypes, Clinical Remedies as well as a course on The next four chapters are assigned for reading over Judgments of Mental Health and Auto Negligence Law. Christmas, and although we will not have time to go over Legal Aspects," as well as a course them in class, they will comprise one half ofthe final. on Auto Negligence Law. Clement Haynesworth: A seminar Nanook Oobalonglong: Dr. ■ on the Cro-Magnon Man and the Oobalonglong is a firstround draft Law as well as a course on Auto choice from Parsons College. Heis Negligence Law. interested in teaching a seminar on Talcot Parsons: Interested in Comparative Urban Development: teaching a seminar Pigeonholing on Rodney Ripoff, a senior at the keep it dry." Thus the library was reconverted to house the library. A Tale of Two Cities, Dacca and and the Law: Ornithology for Nairobi; Law School, has opened The formed. Ripoff began with sets of Mr. Ripoff paid gratuities to an as well as a course on Auto Lawyers as well asa course on Auto Negligence Law. Alternative Library in the New York Supp Second, and soon unidentified employee to assignall Negligence Law. Abe Fortas: Mr. Fortas desires to Warren Burger: Mr. Burger hasn't basement of Eagle Street. Mr. obtained McKinneys, Wigmore and thelockers to his name. Ripoff claims to have the most Martindale Hubbell. "I have the Mr. Ripoffcharges a modest 50 teach a seminar on Legal Ethics as been contacted as yet, but he is complete up-to-date law library to only complete set of The Supreme cents an hour to use the library. All well as a course in Auto Negligence under consideration, subject to the Court Reporters in Buffalo." participants are friskedbefore they Law. approval ofthe faculty. be found in Buffalo. The library was founded with a In addition. The Alternative- may leave the library area. Armed minimum budget. "Heck,V said the Library has a special section guards are posted at the doorway junior entrepreneur, "anyone devoted to the President's together with six snarling German could doit." The secret to the new Commission on Pornography Shepherds. As a special service to hisclients. acquisitions,he stated, is chutzpah. Illustrated, presently on loan to a Mr. Ripoff will supply reserve He began by taking one volumeof local judge. only by second The incurred volumes costs Mr. at a modest $5 a day, New York Supp from the floor library to complete a seminar Ripoff were entailed in locating guaranteed threehour service. Mr. Larry Wenger, Librarian of paper on Evidence. He discovered storage space for the tomes. He A UPI press release announces the engagement of Jane that taking the book out of the solved this problem by using the old library, now virtually is John Hayden. SBA surprised maybe lockers alumni defunct, states. "I'm glad to see Fonda to a Mr. Hayden. Whether this building was simple, "It was rainy that day and one of the librarians to learn that the Eagle Street that the students are finally President, or Tom Hayden, SDS President, is being ascertained by Opinion'staff. even offered me a plastic bag to Locker Room has now been totally reading:'1 Year; Jim Clute, Jane Fonda Award; Linda Mead, Most Demure; Bill Brennan, All Prep Boilerroom Bookshelf NEWS FLASH - �Tuesday, December 19, 1972 The Chicago Fire POVERTY V SBA Election- Maybe? In last week's election there were a few surprises. The results came in late since there were some irregularities, due to the new SBA policy of allowing write-in votes. There was some confusion as to who was eligible to vote. Freshman poll-watchers apparently had allowed several faculty members to vote. A spokesman for the Freshman class stated that those poll-watchers didn't know that certain voters were, in fact, faculty members. The source further stated that it was difficult to tell the faculty members from the students unless you had seen the Pictures of the Faculty in the Brochure which the school promptly sends out to prospective students, especially since the Freshmen never see more than five Faculty Members in person. There may have to be new elections, due to the "non-student" vote. The original results were as follows: President: 36 Shirley Chioses 24 36 Kathy Quinlan Marilla Giles Dannye Holley Phil Lochner Al XaI /. Pat Kelley Jim Atleson Bob Reis Norm Rosenberg (and others too numerous to mention) 42 1 1 1 1 1 1 ... ... ' ..... .... ■ I OHHO'S BELIEVE IT OR NOT 1 1 Take Your Cotton Pick SBA forms PTA Due to the great interest in fostering better communication within the legal community, the SBA has formed a PTA. Following the guidelines set down by the SBA, all HD papers will be put on thebulletinboard repletewith gold stars, the H papers will also be posted with silver stars, Q papers will not be posted, but will have a red star attached, D papers will . ... . . HOWIE MANN: Umm ha ha In this, the last in the Opinion's award-winning We 11,... I series on the pitiable state of student financial used to pay for my courses umm,... at LaSalje biy affairs, we examine the successful alternatives to Extension Law School .;. umm, ... ah working for a living. The Opinion interviewed several cooking for Justice Douglas He .vmm law school professors to discern how they survived was, uh, particularly fond of, uh, my pancakes the poverty of their law school years. Herewith are AL KATZ: No comment. their replies: DAN GIFFORD: You may not believe this,but know, when I was taking my law courses from got through years you GREINER: five Well, BILL I at Brooklyn by means of the simple expedient of ICS, I kept body and mind togetherby doing a high faking a welfare case. Of course, it was easier then. I wire balancing act for a local circus. Bob Reis and I, simply went down to Fourth Street and got some we had this act called The Amazing Garbanzos, freaks to swear they were my brothers and sisters. where we would juggle our books sixty feet above After that, the $179.95 came in every month, like the paydirt. 'Course, after that, Bob began to think clockwork. he was flying, and I got up my magic act.... LOUIS DELCOTTO: Why, any young KEN DAVIDSON: Don't print this,but anyone can get $100.00 a week at Albany Law school just enterprising student can earn a substantialincome by for showing up at the Governor's mansion at eight doing as I did in my younger days. The State every morning to sing Alleluia when the Governor Highway Department pays top dollar for painting straight white lines down the highway. Take a look leaves forhis morning golf date. JAKE HYMAN: Well, you have to consider that at section 4428S(aXllX»XC) sometime, in the prices were a lot lower in the eighteenth InfernalRevenue Cold .... century .... )I■ .\ llft 808 (yawn) GORDON: I had the particular good fortune to attend an institution of higher only that the ,\n closing, we. neeif education in one of the largest cities in theEast. So I unenterprising* student will never find the financial was able to supplement my meager stipend by doing rewards available to anyone willing to search out commercials for Nyquil and Sominex. The gang at other means of earning a living while preparing an Boston Night School of Law used to call me image for the Character Committee. As one Sleepy .... freshman (name withheld pending notification of AL MUGEL: I supplemented my income as an authorities) sees it, "Hell, man, like, I mean, when altar boy by drafting the EPTL. But that was only the heat, you know, gets too bad to sell the damn one of the many little projects I had in my spare stuff to your friends, sell your friends to theheat, time .... and keep the stuff." We concur, we think. : Secretary: Dan Steinbock 7 have a sticker of a 3-inch x 5-inch Santa Claus in the Fall semester, and an Easter Bunny in the Spring semester, and F papers will have "Do not pass go" stickers. The se will be posted for the wall, and told the assembled Bouef A'Leau: Mayor Frank news hawks that the Sedeater today called a special 1 federally-funded investigation had press conference to announce a "shocked" him. He emphasized "crack-down" on city employees ; that he had fully supported the who had been cheating the city effortsof the investigatorsand was taxpayers of thousands of dollars sorry the investigation was over by their chronic absenteeism, and that they were all leaving town. malingering, and theft of city Sedeater further announced property. Calling reporters into his that he was personally cracking spartan office, Sedeater leaned down on 16 city employees whose back in his Danish teakwood flagrant abuse ofthe taxpayershad swivel-chair, gazed beenspecially commented uponby contemplatively at the Picasso on the investigation report. The 16 employees, all but one of them relatives of the mayor, had been summarily dismissed this morning. (The sixteenth was Sedeater's cocker spaniel, "Purla," who had been in charge of the city's fleetof snow-plows for fouryears.) The mayor also announced that a permanent investigatory board would be established in the immediate future. The mayor said that the new 16-member board would be "totally independent of city hall." parental viewing during semester break, for the FallSemesterpapers, and all summer, for the Spring Semester papers. Summer Session papers will be made into paper airplanes for incoming Freshmen. NEW COURSE ANNOUNCEMENT thE foG - Interdisciplinary studies 736 Extended studies of the American Penal System. This course will be offered for the first time during the Spring Semester 1973, and will be continued so long as society agrees it is necessary. Field work will be required of every student, but this should not present any problem because the faculty has arranged, through the cooperation of Sheriff Amico's office in coordination with the State judiciary, to have any studentarrested and convicted so that he may be placed upon location. Undergraduates may participate on a more limited basis and need only meet the prerequisite of a violation or misdemeanor conviction. Graduate students must be convicted by PLEA ONLY\ of a felony of at least The fog creeps in on little Katz feet, Sits looking over 108 and 110, And then unbuttons his shirt. Students should not be dismayed by the amount of work required. Outside reading will be severely limited, as will any other contacts with the outside world leaving the student an outstanding opportunity to direct his thoughts inward and finally to express them ina mandatory paperof 1500 pages (hand printed) due immediately prior to his release. For furtherinformation, please contact Sheriff Amico (dial 911). For your protection, all grading of papers will be done with strict anonymity each student will be assigned a multi-digit number whichhe is expected to use at all times. - Beling �The Weekly Instigator Saturday, August 27, 8 NAME THAT CASE! Equitas the Student Newspaper of the New York Law School, has begun the first annual Name that Case Contest. Although it is too late under the NYLS deadline, the late entries may be accepted. Mail your late entry to Equitas, 57 Worth St., N.Y., N.Y. 10013. Heard Around the Law School This is not thereal world, this is law school! If we take courses in the Fall, shouldn't that mean that we should get our grades before the next Fall? What do you mean you don't understand the meaning of our grading was perfectly clear. system, the Dean said that it You will probably never run across this in real practice, but it is nice to know, don't you think? What , is things? the character committee and why are they doing these terrible , PERSONAL: PAUL G. Come home, we need you. Red, Mom, Bubbles and the Boys. FEE BARGAINING In days of old When torts were bold and no-fault was invented torts were taught as they ought: Contingency fees cemented. .^^^_^_^__^^__^^^^^^—. Levi/Betling An HD is for God, an H for Me, a Q for some of you, a D for most ofyou, and an F for all those who decide to take the final instead ofa paper. Why is this man sleeping? 1948 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-12-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/19/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/449c8d7ad14c5b965d24322602a93e44.pdf d923232192538b0a232742a702fcb42b PDF Text Text T,1 \ .. \ » The Opinion 77 West Eagle Street Buffalo, New York 14202 THE Volume 13, Number 9 \ \ Non-Pront Organizatioi U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 706 OPINION BUFALOLIBRAY SUNY/ BUFALO LAW N V 14203 State University of New York at Buffalo SchoolofLaw December" IL' DeVoy Wins Moot Court Competition ina-1 (Ml Timothy Toohey Best Brief Su iag ,V*fMlit!': Thomas Mullaney Best Brief Jim DeVoy has been declared the winner of the 1972 Charles S. Desmond Moot Court Competition after a week of strongly contested battle. He narrowly defeated Benjamin Idziak and John Mendenhall on Sat. Dec. 2, before the three-judge panel of Chief Justice Desmond, Justice Mouleand Justice Marsh. Announcing the results, Chief Justice Desmond complimented the finalists, stating that they showed "an ability to organize, express yourselves and a maturity and self-confidence." Under the impression that the finalists were seniors, Justice Marshnoted that "We thought it strange that third year law students could makebetter arguments than many Levi lames DeVoy 1972 Charles S. Desmond Moot Court Competition Victor experienced practitioners." Learning that Mr. DeVoy was a juniorand Mr. Idziak and Mr. Mendenhall freshmen. Chief Justice Desmond stated that their performances were "not only admirable but astonishing!" E m phasizing the quality of Mssrs. Mendenhall and Idziak's performance, Peter E. Clark, Chairman of the Moot Court Board, later noted that this is the first time in the seven-year competition lame Benjamin Idziak !"1 John Mendenhali Finalist Finalist Michael Dunlavey Best Speaker that a freshman team has made the finals. preparation. Mr. DeVoy was the only one-man team in the competition and BEST ORALIST& BRIEF consequently began with the disadvantage At the Moot Court Banquet held the or having to do all the research alone. evening of the competition, Michael Messrs. Mendenhali and Idziak showed Donlavey was declared "Best Oralist" in unusual competence in mastering the Competition and plaques were also complicated legal issues, especially in view awarded to Timothy Toohey and I'homas of their not having finished one semester of Mullaney for "Best Brief." All threejuniors law school before the competition. Of the were semi-finalists in the competition, also. three finalists, only Mr. Mendenhali has Twelve teams originally entered the previous speaking experience and that in competition and ten were eliminated in high school. three rounds of argument. All teams prepared briefs and later argued 'hem Mr. DeVoy is a graduate of theBuffalo before three-judge panels. Each team chose public schools and the U.B. undergraduate either the petitioner or the respondent to school. After graduation, he served as a write the brief for, but in the oral medic before coming to law school. Mr. argument,were required to be able to argue Idziak, graduated from U.B. undergraduate either side. school also, in 1970 with a degree in The problem itself included questions Chemistry. Mr. Mendenhall attended of evidence, contracts, agency, University in Washington D.C. constitutional law, civil procedure and before coming lo U.B. Law. conflicts of law. All-round knowledge, The Competitiongenerated a great deal ability to think on one's feet, preparation of excitement and interest about the law and speaking ability were mirrored in the school. Based on the results of it, finalresults. announcements of the names of candidates All of the winners demonstrated the for the 1972-73 Moot CourtBoard will be results of hard work and remarkable made later thisweek. - Tabachnick: Teachers' Right To Strike I 'iiinne Graebner steps in the statute's negotiation "Why would 399 people with process are: 1) mediation by an by absolutely no background of impartial person; 2) fact-findingby conflict stay out on strike under an impartial board or person; and threat of fineand imprisonment?" 3) a legislativehearing. The Jamestown teachers, who Ifeither side rejects part or all of violated the state's Taylor Law by the fact-finder'srecommendations, striking last month, are a "live the legislative hearing is held in a example," said their counsel, "show cause" atmosphere. The Manny Tabachnick, of the defects legislative body in disputes in the state law which prohibits between school teachers and strikes bypublic employees." boards of education, said Mr. The Taylor Law, said Mr. Tabachnick, adding, "some people reminded throughout their negotiations that the board of were educationawaited them in theend. The contract offered the teachers by the board early this year was described by the speaker as "a declaration of war." It "gutted" all previous agreements by dropping such items as annual increments, statements of academic freedom, statement of class size and allowing teachers "some input" on textbook and Tabachnick, a 1970 UB Law don't believe this," is theboard of curriculum decisions. In addition, School graduate, has "trappings to education, "which has a right the board of education in make people think they're under the law to impose a Jamestown, said Mr. Tabachnick, bargaining collectively." Major contract." Jamestown teachers "wasn't pleading poverty." Jamestown teachers, in their strike of two weeks and one day, defied a temporary restraining order and a temporary injunction. IN THIS ISSUE: There was only one defection from Utters the 399. (Only 34 teachers chose page two Ross meets his Matsch not to strike originally.) 'They were faced," said the speaker, President's Corner "with the majesty of theLaw." page 'hree "What the law really did," he Hayden calls for Grade Reform said, "was take 399 people and The Opinion Centerfold make them criminals," although page four contempt citations were imposed A photo look at Prof. Joyce only on fourofthem. The judge,he Poverty noted, did not agree with this page six interpretation of the situation. She Make the most of little asserted the teachers were being New Buildings Named sentenced under judiciary, not page eight criminal law, although jail Welcome to O'Brian Hall I sentences couldbe imposed. Only two states - - Hawaii allow public employes to strike whenhealth and safety are not endangered. The argument of endangering persons, was brought up by the board's lawyer in an attempt to increase severity of sentences, Mr. and Tabachnick said. His answer was "society won't halt because children aren't going to school. They have make-up days. Were they endangered in July and August? on weekends?" And economically, he asserted, it is cheaper for a school to have strike days. "The beauty of collective bargaining," said Mr. Tabachnick, who was an international representative of the U.A.W. for 13 Buffoman te years, "is that the overhanging concern of a strike" causes both charges for strikes are allowed private employeesbut not public economical to agree. The civil ones. The community,parents and rights and anti-war issues of the students "backed these teachers" past years have "taken away the and they no doubt would not have conceptof sovereignty," he noted. lost a jury trial. Commenting on compulsory "Strike is a method of persuasion." Other ramifications of public arbitration, Mr. Tabachnick said it employee bargaining were brought doesn't stop strikes and, unlike outin a question and answer period collective bargaining, it does not following the speech. Review of end in consent. Manny Tabachnick, who is now laws such as New York's Taylor parties to realize it's most Law have been lost on First Amendment grounds, said Mr. Tabachnick, and the Supreme Court has refused to review the Pennsylvania cases. Also, jury trial on contempt counsel for the New. York State United Teachers Union, a combination of the NYSTA and AFT, was sponsored by the Distinguished Visitors Forum. �To The Editor RM oOsn atsch To the Editor: The column "Right On" by Mr. Otto Matsch in the November 2 issue of The Opinion concerns a number of serious inaccuracies in the section entitled "Ralph The Pure Sells Out." Normally I would not take time time to rebut charges of this sort. But the tone of the article is so offensive and the facts are so misrepresented that one can only conclude that Mr. Matsch deliberately attempted to misinform readers of The Opinion. Here are the facts. The controversy over Nader's relationship to the American Trial Lawyers erupted in the September 2nd issue of The New Republic and the debate continued in the September 9th. 16thand 23rd issues of the same magazine. Anyone interested in reading all sides of the dispute can read thearticles and letters to the editor in those four issues. However, in the course of the debate several clear facts emerged which Mr. Matsch chose to ignore. Fact 1 - The American Trial TBE Lawyers did offer the Center for Auto Safety a $10,000 contribution. However the money was refused. Mr. Matsch ignores that fact even though every single article in all four issues of TheNew Republic acknowledges that to be the case. Fact 2 The Center for Auto Safety is not a Nader group. Mr. Matsch chooses to ingore this even though this too was brought out repeatedly in The New Republic articles. The Center is run by Mr. Lowell Dodge whohas worked as an ally of but not as an employee of Mr. Nader, in the September 16thissue, Mr. Dodge states that one of the conditions of the grant which he solicited but later refused was "that a grant to the Center was not a grant to Nader." Fact 3 Mr. Matschis correct when he states that Mr. Nader has requested trial lawyers among others to do more public interest work and to donate money to public interest law firms. But he has made that same request dozens of times in speeches to Bar Associations, legal conventions and law schoolsall across the country during the past five years. He has - -Kjsws OPINION -- - Rosalie Stoll Photography Editor Christopher Belling Assistant Editor Kay Latona Feature Editor Earl Carrel Sports Editor Douglas Roberts Business Manager Christopher Greene Managing Editor John Levi ArticlesEditor Peter Jasen Poetry Editor Robert Doren Arts Editor Ibby Lang Staff - -- -- - the final New Republic on page 33 of the September 23rd issue when they stated "in her original article Ms. Young did not state nor should it properly be inferred that Ralph Nader's position on no-fault insurance had been determined by a grant solicited by the Center for Auto Safety" [emphasis added]. Despite this,Mr. Matsch not only infers the contrary but baldly states what he must know to be an untruth. I hope that in the future the editors of The Opinion will be more wary about the columns they accept and demand a higher standard of journalisticintegrity from their columnists. Sincerely, RiGHT ON! by Otto Matsch RALPH MAKES GOOD In 1970 RalphNader filed a complaint with the Civil Aeronautics Board and the Federal Aviation Administration demanding that smokers be segregated from non-smokers on airplanes on the grounds that smoking constituted a fire hazard and a health hazard. Now, after lurching through their bureaucratic rigamarole for two years the agencies have finally handed down some rulings. The FAA said smoking did not constitute a fire hazard, and both the FAA and the CAB were too cowardly to rule that it constituted a health hazard. However, on the basis of a survey finding that most non-smokers were annoyed by smoke, airlineshave been ordered to provide separate "smoking" sections for nicotine fiends. 11 would be a good idea to incorporate the Nader-inspired ruling at our very own Palace of Juridical Wisdom on Eagle Street. Non-smokers would be inside and smokers segregated to the outside. RUSSIA'S NIGGERS EVERYONE The Kremlin regime will go to extreme lengths to keep control of its subjects. The country has an internal passport system used torestrict free travel. The borders are guarded by the KGB, the Russian versioh of the Gestapo. Under the travesty that the Kremlin passes off as a "legal system", attempted escape from the country is defined as treason, an offense punishable by execution by shooting. The Kremlin will even resort to piracy to regain these "traitors" on September 8 a Danish fishing vessel, the Windy Luck, rescued a man in a small motorboat who said he was trying to reach political asylum in Sweden. Half an hour later they were stopped by a Russian gunboat. The Russians trained their guns on the fishing boat,boarded it and kidnapped the refugee at gunpoint. This incident of piracy took place in international waters off the Swedish island of Gotland. On August 14 the Soviet Council of Ministers rubber-stamped a decree previously approved by the Presidium, a decree imposing an emigration tax ranging from $1,250 to $37,500. But the flesh tax is not the only obstacle to emigration from the Workers* Paradise. The Donald K. Ross To the Editor: Since Mr. Ross has been considerate enough to write us expressing his concern over the rapidly deteriorating journalistic standards of The Opinion I feelhe deserves a prompt reply. I will be brief, merely pointing out that only one of the paragraphs he has labeled "fact" is true, although the rest are half-truths. Here are the facts: Fact 1 the Article from which I derived my information was "A Chink in Nader's Armor?" by Mrs. Leah Young, appearing in the September 2 issue of The New Republic. On July 27 Mr. Lowell Dodge, director of Nader's Center for Auto Safety, appeared before the ATLA convention in St. Louis to solicit funds for CAS. The ATLA voted to donate $10,000 and pledged another $10,000. On August 25 the September 2 issue of TNR was published, including Mrs. Young's article, wherein she accused Nader of "ducking" no-fault, citing the donation from ATLA and denouncing ATLA in scatological terms. On August 28, according to Prof. William Schwartz of ATLA's Cambridge only legal grounds for emigration are to join relatives — - - — - Trade Bill which would prevent the of — East-West Most Favored Nation or of any financial aid those with no relatives outside the Iron Curtain are automatically excluded. Unofficial harassment of an applicant includes being spurned by neighbors, denounced as a traitor by his worker's council, and usuallybeing fired or at least demoted. Another trick is to call up a young man forhis compulsorymilitary training (no conscientious objection accepted) after whichhe is ineligible to leave for two years. Other communist regimes have similar policies.Legal emigration is difficult, lengthy, rare and expensive. Escape is treasonous and hazardous. For example, East Germany is extending its Berlin Wall to include the entire border with West Germany a "death strip" 500 meters deep is being constructed, replete with 15-meter machine-gun towers, land mines, concrete wallswith shrapnel devices on them, and a new invention, "mad dogruns." In places that are difficult to keep under surveillance dogs are kept on long leashes, which in turn are attached with a ring to a cable about 50 meters long. The dogs can run the length of the cable and are trained to attack and kill anyone attempting to get by. (This is the twentieth century, honest.) Photographs of the dogs attacking "traitors"have been taken by NATO officials, but release of the photos has been blocked by the West German foreign office with support of the White House. (Hurray for Willi Brandt's successful Ostpolitikl.) Incidents of refugees being murdered by communist guards while attempting to escape to civilization from Hungary, East Germany and Czechoslovakia are legion. The United States has suddenly found itself in a position to influence communist regimes to ease up on their oppressive emigration policies. The communists are desperate for American trade they need the agricultural and manufactured goods that their backward, reactionary, socialist economies cannot provide. To communist regimes trade is not economic, it is political. The U.S. should exploit this attitude and insist that the communistspay in political concessions if they want our wheat they can start scrapping their ICBM's and nuclear subs, cut off aid to Palestinian terrorists, withdraw their barbarian hordes from Eastern Europe. Senator Henry Jackson has recognized this and has proposed an amendment to the - office with CAS in downtown Washington, also rejected the donation on August 28, even though ATLA had never offered it to CCE.) Thus, Mr. Ross' allegation that "all fourissues" of TNR involved in the debate "acknowledged" that the donation to CAS was refused is clearly erroneous, since the first article was published before the money was rejected, a point which even my learned, charming and short editor agrees with. I urge anyone who is interested to read Mr. Eliot Marshall's account of the chronology of the whole sordid affair in the September 9 issue of TNR. In any case, I apologize to Mr. Ross for not having read all subsequent issues of TNR after September 2 before writing my article I should have known there would be letters from angry Naderites to the editors. Fact 2 Despite Mr. Ross' allegations that I ignored the claim that CAS is not a Nader group, I did not ignore it. I said specifically that it was, and I repeat that assertion. Mr. Ross is correct only whenhe says this charge was brought out repeatedly in the articles. I refer interested readers again to Mr. Marshall's article, in which he says in part: "Members of Nader-founded organizations have praised the administrative flexibility they enjoy under Nader's employ, but they are permitted to begin investigations or publicize their work withoutNader's prior approval. To say that Nader has no legal control over the finances of the Center for Auto Safety, or any of the centers he has founded, is to ignore the real power he does have." Mr, Marshall's dissection of the claim that CAS is independentis thoroughand devastating. Sorry, Mr. Ross, the statement stands,and your "Fact" 2 does not. Fact 3 Mr. Ross is correct when he said I am correct. Congratulations, Mr. Ross. That's one out of three so far. Fact 4 What Mr. Ross. calls an apology is hardly that. In a letter to the editor in the September 9 issue Mrs. Young Continued on page 3 - R MOatschn oss - Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Dunlavey, Alan Snyder, Jon Kastoff, Joe Heath, Robert Rothstein, Larry Zimmerman, Peter Clark, Linda Cleveland, Sara Steinbock, Ted Orlin, John Hayden, Fred Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Buffoniante. The Opinion is published every third week, except for vacations, during the regular academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion, The Opinion is a non-profit organization. Third Class postage entered at Buffalo, N. Y. - no special relationship with any of these office, CAS rejected the donation, but not attempted to have groups and he has none with the trial until it had previously ATLA shift the donation to the Center for lawyers. Engineering, Concerned another Nader ignored Matsch Fact 4 Finally, Mr. apology by the editors of The groupie outfit. (The CCE, which shares an - Editor-in-Chief - December 7, 1972 THE OPINION 2 granting status granting from any U.S. credit extension program (primarily the Export-ImportBank) to any country that did not allow its citizens the right to freely emigrate. His amendment has been co-sponsored by 70 senators, including such liberals as Javits. One spur to Jackson has been the treatment of the Kremlin of Soviet Jews who want to go to Israel. Because of extensive pressure by Jews both inside and outside of Russia, and because of the unfavorable publicity caused by this, the Kremlin has allowed increased numbers to emigrate. In the first nine months of 1972 some 22,000 were allowed to leave, compared to 17,000 forall of 1971. Another 400,000 have applied to leave. This shows that the Kremlin can be made to change its horrendous policies when enough pressure is put on it. The Jackson Amendment would apply to any country, and will allow non-Jews to get out of Russia as well (last year less than 300 were able to leave). The only question we have toask ourselves before the Amendment is passed is whether the free world can accommodate a sudden influx pf 300 millionrefugees. VIET CONG LIBERATE VILLAGE In the early morning hours of October 6 the Viet Cong infiltrated into the Happy Haven Leprosarium at Crescent Beach, South Viet Nam. They blew up the generator and five duplex houses which quartered some of the lepers, the TB ward and the dispensary, and then the school. Missionary Gordon Smith described it as a "pitiful sight. Many of the patients were there. On the ground the wounded were lying on a few stretchers or bloody Most of them were already badly mutilated mattresses. with their leprosy, but now they looked terrible in their misery." . Writing in the New York Times, Pulitzer Prize-winning author Seymour Hersh compared the incident with the American bombing of another leprosarium. He concluded that the difference was that the Americans did it accidentally, but the Viet Cong did it as a matter of policy. Liberation, anyone? �December 7, 1972 THE OPINION 3 Presidents Corner LALUMNI INE by John Hayden wished to try a good professor'in a hard course without the aura of terror that accompanies hard If the present law school grading system hasn't work for tough some worthwhile area. In been worth worrying about yet, be patient, it will all events athe garden in of implications any change should be within two yearseach and every one of you will have considered seriously and and the Court of soon, the opportunity to explain to a sarcastic Appeals should be solicited for comment to avoid conglomeration of potential employers just what is last year's it fiasco. all about. If you find yourself stammering through the sort of explanation that is calculated to make There is another topic that to be raised you appear in the best light, relax and think about and that is the present methodought of funding our the interviewees before and after youwhohave done minority Student Program. or will do the same thing for theirbest light. In an effort to continuea'vital program it has for If it is disquieting that you aren't quite sure what two years been necessary for the law school to use the difference between an H and an HD, or what the bulk of available work-study money to hire separates a Q from an H, at least you can reflect minority students in our quasi-EOP program in order calmly on the apparent lack of certainty on the to permit them, financially, to attend law school. faculty's part. I suppose we could circulate a This is necessary because New York State's myopic notarized copy of memo number 4,319-B which State University Office has not pressed the purports to clarify a previously existing clarification, astigmatic legislature to provide funds for minority and present it to potential employers. When the professional programs. laughter subsided we could then try to explain what The legislature, if it looks at all, has found the it means. presence of a program to be evidence of its success the In alternative we could press for a readable and, while they settle into a feeling of satisfaction at and clear system that wouldreveal the quality of our the good deed they believe has been done, it work. I favor an A, B, C, D, F perhaps with a plus in becomes even less likely that minority students can appropriate cases for outstanding class performance. afford to graduate. The very students who are most I would also like to see with this system an option in need of time to spend on studies must also work under which a student could take two or three at a minimum wage for fifteen hours per week, a courses on a pass-fail basis. I wouldreject any return substantial portion of which would certainly be used to a ranking of class members. for class preparation. Such a system has a number of advantages (and The legislature and perhaps some officials in the clearly a few disadvantages for some). It would serve Chancellor's office ought to be made aware of both to clarify to potential employers where the strengths the community need for high quality minority of a student be. It would show a student the same graduates of professional schools, and the needs of thing. It would relate to a system that most faculty the students who may fill the void. I'm going to send could understand and the plus would permit Christmas cards to legislators telling them that I'm recognition of exceptional work. The pass-fail option concerned about theirlack of concern. I'd like to see could be used in those courses in which a student some others do the same. - Continuedfrom page 2 reaffirms her claim that Nader is "ducking" no-fault, and that the solicitation of funds by CAS from ATLA is reportable news. In the September 16 issue Marshall wrote that a conflict of interest was created, "just as ITT-Sheraton's loan of $400,000 did for the Republican party." There is no hint of apology in the editorial comment Mr. Ross cites, and his quoting of a sentence fragment cannot create one. Fact s—l, for one, am glad that neither of Nader's groups, the Center for Auto Safety or the Center for Concerned Engineering, accepted the $10,000 check. But I wonder whether they would have if Mrs. Young had not writtenher article. Sincerely, Otto Matsch by Earl Carrel Gradually, the academic year is moving on and rapidly, the end of another semester is approaching. Also, many of our Alumni are going into their winter hibernation. It gets increasingly difficult to write a column about our alumni without the alumni telling us what they are doing. Contributions to this column are always welcome, so let us know what's happening. * � * * * * • * The New York State Bar Association's 96th Annual Meeting will be held in New York City, Jan. 23-27. The State University of New York at Buffalo School of Law will be holding a luncheon for all U.B. Law Alumni during the week of the meeting. Watch your mail for further details and if you're going to the NYSBA meeting, we encourage you to go to the luncheon too. � In light of the recent elections across the state and the nation, we'd like to congratulate all of our alumni, and there are many, who were successful in their bids for public office. If we know who you were and what you ran for, we would put in little items about everyone. Since we only know of a few who ran, and even fewer who were elected, Alumni Line therefore gives its best wishes to the winners and losers alike. Gary H. Hoffman, '72, of Hamburg, associated with the Buffalo firm of Miller, Bouvier, O'Connor, and Cegielski died Nov. 26, 1972. * * * We are pleased to note that a fullpage article on the Erie County Jail Counseling Service appeared in the November issue of the ABA Student Lawyer Letter. * * * Elsewhere in this issue there is a continuing series on poverty. The Law School needs your financial help. Please give to the U/B Foundation, Inc., 250 Winspear Avenue, Buffalo, New York. Plea Bargaining by Jay L. Lichtman District Attorney: Let me assure you we have enough evidence against your client to win in court. But we all would rather settle it without trial, wouldn't we, gentlemen? So, if Defendant pleads guilty to possession of a weapon we'll drop the armed robbery. Defense Attorney: I think that's fair to all concerned. Judge:Next case. � • � This hypothetical dialogue represents the phenomenon of "Plea Bargaining" whichhas been estimated to be the form of criminal justice employed in 90% of municipal cases where a defendant has been charged. (A. Blumberg, Criminal Justice) Briefly, it thrives for these reasons: First, the DA., being an elected official, runs on his record of total amount of convictions, and convictions achieved per number of cases brought. Plea bargaining serves bothends delightfully. Furthermore, the other participants of the criminal process support its use as well. For example, being that only about 2% of the 200,000 lawyers engaged in private practice accept criminal cases "more than occasionally," the accused, mostly indigent, are defended primarily by assigned counsel and public defenders. These lawyers, being so overburdened, welcome the possibility of supplying defenses with as little energy and time expended as possible. (Besides, statistics indicate that lighter sentences are distributed for guiltypleas before trial than guilty verdicts after.) In addition, the judges are glad to clear their dockets as efficiently, which seems to mean as quickly, as possible again, as with defense counsel, the problem being an overabundance of cases. Hence, the reality of Plea Bargaining. Those who find this form of "bargain practice" repugnant have offered several solutions to the task of ridding the system of it: Solution one reduce the number of cases. Thishas been tried on a small scale (1 believe traffic cases have been "taken out" of regular city courts in San Francisco), but hardly enough to' achieve substantial progress. There is an effort being made to classify such non-victim crimes as prostitution and gambling no longer as "crimes," but it is doubtfulwhether this, if accomplished, would make plea bargaining obsolete. Solution two increase the number of judges and court-appointed attorneys. This is highly unlikely considering the current squeeze on city and federalrevenue. Solution three find a constitutional basis for striking it down. In 1970, in Brady v. U.S. (397 U.S. 742) the Supreme Court held that plea bargaining, in its usual form (as exemplified above), is not incompatible with the voluntariness requirement of the Sth Amendment. - - - - Besides, such a solution is unrealistic, for our criminal system would collapse with the sudden prohibition of plea bargaining. I n short, these suggested solutions clearly fail. What is not as apparent, but which is far more significant, is why they "criminality" in the best interests of the community. (2) The system may now be able to make the police answerable to a prosecutor's ethic and under his supervision (an admirable quality of some of the European systems.) This may be a significant step toward sparing the process fail. The evil of the Plea Bargaining of the plague of police purgery. phenomenon is not its existence (for the Admittedly, these are only general way our present system operates it is trends and to set out operative schemesis a mandatory) but of what it is indicative, very different and difficult matter. especially in the realm of the prosecutor. However, what needs to be recognized is Our criminal system does not thrive on the the urgency to make the prosecutor really prosecutor's ability to live up to the People's Lawyer by bringing to him professional standards; instead, it plays legal professionalism enlightened by social second fiddle to his attempts at political consciousness. success. The D.A. answers not to a social consciousness but to a social pressure e.g., the case of Dr. Sam Sheppard. Recently, F. Lee Bailey (counsel in the Sheppard case) has spoken briefly of an attempt to rid the American criminal system of this politicialization, and, perhaps, make plea bargaining no longer a necessity. His proposal is, in general terms, an American version of the English The Opinion regretfully announces barrister system. A State-funded the death of Gary Hoffman, U.B. Law professional legal staff handling the School 72, in an automobile accident prosecution and the defense has these in East Auiora on November 26 Mr. - advantages: (1) The prosecutor is no longer politically motivated but is driven by the necessity of performing his legal role with professional and social consciousness. The D.A.'s office is no longer a personal stepping-stoneand can become a long-term project of defining • Hoffman was associated with Miller, Bouvier, O'Connor A Cegielski, a Buffalo firm, and was waiting for of this summer's bar exam at results the time of his death. A graduate of Ca nisi us High School and Boston College, he is survived by his parents and three sisters. �THE OPINION 4 Zounds! I never was so bethump'd with words. KING JOHN. 11, 1,466 December 7, 1972 �December 7, 1972 THE OPINION 5 .. . .. ... He walks Out of the fog, into the smog, ruthlessly (I Relentlessly again by night. wonder where Ruth is)... he's ready for mystery, he's ready for adventure, he's ready for anything. He's Joyce. In the midst of professors droning mantras of code, case and citation to sleeping Ken initiates, he injects humor and excitement into the most unlikely places. Gratuitous transfers. Tax. And a remarkable respect for students and their opinions. He knows your name. Even in a cavern like Room 110, Professor Joyce can galvanize his class to exciting inquiry into the law. And after all, isn't that what it's all about? ■photos by Belling & Levi Turn him to any cause of policy. The Gordian knot ofit he will unloose. Familiar as his garter. HENRY V. I, 1,45. �December 7, THE OPINION 6 POVERTY IV Very often you can save a good deal of money by buying new merchandise which is an Despite denials from journalists and other irregular or a second. Sometimes the romantics, I don't think anyone can be poor and imperfections are impossible to find. Check and happy. Poor and miserable, yes; rich and happy, ask before you buy. yes; poor and happy, no. Try to live on what you earn if possible and Actually, you don't have to be rich to only go to your savings in an emergency. survive in Buffalo. A married couple can do very Don't be too proud to seek out whatever well in this city on a combined income of $7,000 financial aid may be available to you. Look into a year. A starting teacher earns more than that food stamps, unemployment insurance, and and so do most nurses. If both the husband and financial aid. It is possible that you may qualify for wife are in school it is not all that difficult for them to come close to that figure if both are subsidized housing based on your income and family size. Call the Buffalo Municipal Housing working part time. The whole trick is to be careful with money. Authority to get information about some of the Luxuries are nice, but the"y are luxuries. If your new developments. There are some fairly nice city funds permit, you can have some of the luxuries, housing projects and some pretty awful ones. If you have the opportunity to get into subsidized but remember, they are still luxuries. Here are some hints about spending wisely municipal housing, look at it first and ask which can make a difference between being able to live decently and being pretty miserable: Don't be ashamed of clipping coupons out of the supermarket ads. If you can save a bunch of money by shopping a few blocks away from where you normally shop, do it. Remember, however, it does not pay to hit every special in every store, because of all the time and effort that is wasted. Also, just because something is on special does not mean you have to buy it. If you know you don't need it, don't buy it. Statistics have shown that it is more economical to shop once a week than to shop twice a week or more. If you have a roommate, try to combine your food buying and avoid by Earl Carrel 1972 someone from the Buffalo area before you sign a lease or move. Try to avoid burdening yourself with future obligations if you can help it. This is particularly true with loans. Check out the repayment schedule before you borrow. Just because you are a Law Student, don't be too proud to take a part time job. It doesn't interfere with your school work all that much. All work and no play leads to a pretty lousy existence. Go out once in a while. Even every week if you like.There are a lot of free events and a lot of very inexpensive ones. Check the University newspapers. Perhaps the whole key to living is if you have it, enjoy it and if you don't have it try to live without it and don't grow an ulcer wishing for it. Law School is only three or four years. It's over sooner than you think. Milk it for, all it's worth. duplication. There are times when you are better off buying a new item which will last several years than an old or used item which w 11 last only one year. By spending less in the short run, it may cost you more in the long run. Before you buy a major item consider this,but don't use it as a rule if you can't afford the higher price. Belling AOTHERSCHOOLS JOB DISCRIMINATION The University of TexasLaw Forum of November 20, 1972, contains three articles, an editorial and an exchange of letters alleging discrimination in em pi oyment interviews. The series of letters follows: October 13,1972 Dear Mrs. Brown, This afternoon a young man, Mr. Gordon W. Houser, from the Houston firm of Cram, Winters, Houser & Deaton, came to my office to interview me for his firm. He stated that they were hoping to hire one new lawyer, and that he had not considered hiring a woman lawyer. He said that while he would not mind, some of the others might not be agreeable because they had a very capitalistic view of practicirg law. Mr. Houser then suggested that I send him some extra copies of my resume so that he could give them to some women attorneys he knew in Fulbright, Crooker, and I agreed to do so. He thenasked to use my phone and I left the room. The attached page describes the conversation heard by Mrs. Hodges, Judge Pope's secretary. As it is the school's policy to deny school property for interviewing purposes to those firms that will not hire women or representatives of minority groups, the firm of Cram, Winters, Houser & Deaton should be refused an interview room at the law school. I trust that the Law School Placement Committee will take appropriate action. TO WHOM IT MAY CONCERN: At approximately 3:45 p.m. on the afternoon of Friday, October 13, 1972,1 entered my office after having taken dictation from Justice Pope. 1 noticed a young man using the telephone in our briefing attorney's office. Thinking he was here to interview our present briefing attorney, Miss Christine Beachy, I stepped out of my office: to tell her he was here. She informed me that he was indeed Mr. Gordon Houser and that he had already completed his interview, but had asked to use our telephone. Upon re-entering my office, I heard Texas Schoolof Law had adopted a policy of refusing to make available its property for interviews by employers who discriminated in hiring. The policy was in response to an El Paso law firm who told a woman applicant that she need not bother interviewing with thembecause they would "no sooner hire a woman than a nigger." Mr. Solomon reported that "during the course of an interview, representatives from Jackson, Walker, Winstead, Cantwell & Miller of Dallas told him that their firm would not hire women. . . Another article in the Forum dealt someone on the with an allegedly discriminatory letter in which a prospective employer stated: "We School Placement Office had sent him out are only interested in interviewing young there to interview a woman. He went on to men who will graduate in June or August say that, "That lady in the Placement of 1973 ... We plan to hire one, and Office is a real women's libber herself; she possibly two men Last year we had was trying to talk them into hiring some about 50 boys turn out for interview .." women, but frankly, they were just a little too Capitalistic for that." The questionrose as to whether the letter (Mrs.) Peggy Hodges was in fact discriminatory. One person from the Placement Office stated that the word men was used in a "generic sense" to response complaint this an In and that the firm "wants to hire women informal meeting was held with no student who are interested in practice with their members of the committee present. firm," concluding that "the placement Outlined procedures for dealing with office has worked hard to end grievances were not followed. There was no discrimination, but the placement office notification to the complainant or the has nothing to do with who is finally hired employer of the 'hearing', and the by a firm." Comments by law students, "I committee decided to drop the matter. am disgusted with the Placement Office's consistently apologetic stand with regard to the firms that interview here.", and In the same issue of the Texas Law "The Placement Office should not allow Forum, one student, Jay Solomon, law firms who write such blatantly Sincerely, reported further incidents of discriminatory letters to come here to Christine Beachy discrimination. Last year, the University of interview." him comment to telephone that the University of Texas Law YALE STUDENTS GET CREDIT FOR DRAFTING LEGISLATION Yale Legislative Service, a five-year-old organization at the Yale University, contracts the services of its approximately 100 students to Connecticut state legislators for researching and drafting legislation. State legislators are notoriously understaffed, unlike members of the U.S. Congress and Senate, who can pay expert research people to put together the bills they sponsor. YLS offers an alternative to the sloppy legislation whichis the too-frequent result of the legislators' lack of funds. Its students, most often from theLaw School, research the problem, cross-checking existing legislationand court decisions,and draft the proposed law. The work undergoes a 17-step check by officers of YLS, which they claim is as good as any law journal's. For their work, students get academic credits up to five, handed out 1 or 2 per project and the legislature gets free research and drafting. It is estimated that YLS put in 7,000 hours of students' time during the 1971 legislative session, doing work on tax, bail bonds, alcoholism, narcotics, schools, the state's department of justice, wiretapping and juvenile justice. Half the YLS's $15,000 yearly operating budget comes from the Law School, and half from the New World Foundation, which says it seeks "advocacy for the have-nots" through "institutionalized projects." YLS has done about 90 projects since 1967. About one-fifth of Yale Law School students sign up. Approximately 30 projects are currently underway. —- �December 7, 1972 THE OPINION Sports by Douglas G.Roberts Art Brantell's driveway basketball court was the scene of a titanic struggle of basketball leviathans on Thanksgiving Day. There, theBasketball Shysters accepted the challenge of the U.B. Law Faculty and engaged the - learned pedagogues in a fierce battle for athletic supremacy. Jo Jo Teitlebaum served as the titular mentor for the elder aggregation. After a 30 minute tryout session at Delaware Park, Coach Teitlebaum culled his roster to the hegemonic level. Cut were such superstars as Bubbles Girth (too small), Flash Gordon (couldn't absorb the intricate offensive patterns), Mad Dog Manak (refused to don the standard white sweat socks), and Red Franklin (had good moves to the left with the ballbut couldn't go tight). Before Referees Wild Bill Greiner and his sidekick Jingles Gifford got the festivities underway, Ms. Shirley Choises threw out the ceremonial firstbail. Unfortunately, Shirley's toss went awry and hit the Shysters team captain Speedy Porky Tracy in the mouth, incapacitating the student's singular asset. From the opening tap, it was obvious that the Shysters were the masters. They ran their offensive patterns with versatility and elegance. Their defense was tenacious and unyielding. However, what impressed the assembled sportswriters most was their unintercepted display of talent, typifiedby theboundless flow of players coming off the bench to replace the starters. The Faculty was able to keep the game close only by employing devious stealth. The reasonable man observing the contest could come away with but one conclusion a conspiracy existed between the' referees and the Faculty to cheat the Shysters out of their just - triumph. As the game entered its decisive last minutes, the Shysters held a precarious two point lead. At this juncture, 7 Huddle Coach Teitlebaum signaled a timeout. During this Cooly, the Scooter stepped to the foul line and interlude, with his squad gathered around him alongside swished the net with the winningpoint. the bench, the Faculty mentor drew up a hypothetical The thoroughly downtrodden Shysters accepted play on the blackboard. "Follow this play," he told his their defeat admirably. Their spirits were uplifted by the troops, "and you can't go wrong." knowledge that come next winter they'd have another shot As the clock resumed its ticking, it became apparent at the big boys. They were comforted by the knowledge to the courtside observers that the tide was about to turn. that Al Snyder had turned down lucrative offers to Lobue Joyce, taking time off from his part-timejob as the practice law and had entered the Mendy Rudolph School Maximus Super salesman for the choice Cheektowaga of Officiating. Coach Tracy issued a sobering warning to district, passed the ball in to Scooter Katz. Katz, artfully ■ the faculty: "Savor your victory while you can,old men." employing the pick set by Elmore Wenger, drove fiercely toward the basket with reckless abandon. Up, up he SPORTS NOTES jumped and as he reached the zenith of his leap, he viciously jammed the sphere through the hoop as the The NCAA announced in Kansas City last Tuesday buzzer sounded. Simultaneously, Referee Greiner'swhistle that the U.B. Mahjong Team had been placed on a two screeched. With every eye in the stands peering ever so year probation and will be forced to forfeit all its intently down upon him, Referee Greiner signalled a foul. 1972-73 victories. The reason cited by the NCAA for this However, it was obvious to everyone watching that harsh sanction was that the Mahjong team had committed Scooter Katz had not been so much as touched by a unfair recruiting practices. Shyster player. An embroilment ensued. Tempers flared. Coach Harvey Waldheimer denied each and every The angry Shyster bench emptied as one and beset Mr. allegation. "Sure we treat our boys nicely," he Greiner. Just as it appeared that fists might fly, Scooter commented, "but we never promised any one of them Katz stepped between Greinerand one of the Shysters and special treatment if they came to U.B. Law School." warned the student athlete harshly, "Look, man,don't lay The U.B. Mahjong Team ended its five game West Coast road trip with a five four and one record. Only the no boogie-woogie on the King of Rock 'n' Roll." Cooler heads prevailed. The Shyster coach, Luther Missoula, Montana Brownie Troop 147 could vanquish the Rackley (formerly known as Charlie Pilato) approached squad's super defense. Victories were recorded over the the other referee. Jingles Gifford. After oral arguments Evans, Arizona PTA, the Council Bluffs, lowa DAR, the from Rackley, Gifford offered his decision. "Unless," said San Luis Obispo, Calif. John Birch Society Chapter, and Gifford, "you can show that Referee Greiner lacked the the Port au Prince, Haiti Marxist Society teams. The only unfortunate note of the highly successful proper information to make the call he did, his decision must stand." Further, he stated, "I must respect Mr. road trip was Coach Harvey Waldheimer's arrest in Juarez, Greiner's expertise on this subject. His decision has the Mexico. Waldheimer was apprehended for smuggling marijuana into Mexico. presumption of correctness." Anyone interested in assuming the reins as coach of With their administrative appeals exhausted, the Shysters conceded and allowed Scooter to take his foul the Mahjong team contact Harvey's roommate, Carol shot. Simms at 837-0874 or leave a note at locker 254. • AMTOWAGA C A M r II la. 13 X |^ H*~P ['• I'J 1 CONGRESSIONAL HEARINGS HELD ON LAW SCHOOL FINAL EXAMS; STUDENT TESTIFIES. by Lucius Q. Paddlefast Charley Cheveux, a senior law student at the Grimetown Law School, testified in Washington today that his group was making plans last year to raze the School unless the practice of final exams was discontinued. "Our group called itself 'The Abolitionists' because we were in favor of abolishing final exams at the Law School. A faction headed by me just wanted to secede from the Law School, but a more militant faction led by Gunior) Sam Sumter prevailed, and it was decided that we would bombard the Law School. "The Civil War cannon on the grounds of the Eerie County Building directly across from the Law School was going to be used as our artillery piece. One night it was turned around to face the walls of the Law School, and a triangular pile of cannonballs was placed in front of the weapon. Meanwhile, a tunnel had secretly been dug between this emplacement and the student lounge in theLaw School Building, and a crack unit of ex-artillerymen was ready to open fire at a signal to be given by Sam Sumter. "At the last moment, however, Prof. Mark Lagger of the Law School Faculty heard of our plans and invoked estoppelagainst us. "Lagger argued that violent measures would only escalate the crisis. He urged us to work peaceably within the system to bring about the end of written final exams which he professed were as obnoxious to him as to most students. Lagger specifically proposed that the artillery barrage idea be dropped, and that instead petitions be circulated calling for termination of final exams. As a concession to the militarists in ouf midst, Lagger suggested that the petitions be fashioned into paper airplanes, and be hurled in a defiant fashion whenever an announcement was made regarding finals." of The testimony was given at the most recent hearing the Paddlefast Committee, which is looking into charges that final exams constitute "cruel and inhuman punishment, and therefore should be outlawed. Paddlefast, a freshman Congressman, was victonous last November in his run against Stuart Stutter for the 99th Congressional District (Amtowaga). Pj 5. Flower ; 17. William Regan's domain. 24. In (Fr.). 25. Garlic pieces. 28. Batters. 31. Despoiled. 32. Asteroid. 33.8.C.E.,ie. 35. Ended! H___!__j__!__^^Pß_ll__J | 4*. Igneousrock. 49.Craze. course necessary 52. Senior for the bar. 55. Escape. 56. Pours. 57. Type of exam. 58. Ex-head of S.S.S. 59. Type of thief. 60. Ancient Persian. 36. Playgrounds. 37. Stead. 38 Good golf score. 39. Rave reviews. 40. Also ran. 41. Shot a ray. 43. Early and late. Houlihan 44. Hot 45 Fabric 46. Man'snickname. Answers to No. 4: lihl*M'B'''l°l*l''B''nn IrKL*I B \a \ \iw\li 'Ik KUK-pflaLfHsMcLkpj ' I fc ■■7ptn,>LjM7|r RpiWM H <Hfll t1cH>l'MTT'rn rKll;imil!>itli^Bel«lslEl \r\a \eVehmAt\t>\ffdMn\L\i.\ Iwli I' t 'n'cJH'r RT^J IP¥VyWiff''l'y4lfPW Mliilf'Lj^lvi^BolMifftI«I«1o| |plr*yii IwUlrl lilrlbl*]!! [{,|f IclVt^fle IsßrltUrFl DOWN 1. One of four. 2. Astringent. 3 instrument. 4. Mideast nation. s.lres. 6. Panther Bobby. 7. Late actress Sharon. *■Aislei '■ Translatesthe law from Latin to English. 10. ...man oi 11.Rural deity. 12.Tangy. . 13. Concorde's counterpart. 18.Chose. Bp^^H^ 19. Dialects. 23. Eternal. 24. Daggers. 25. Harvest yield. 26. Vichy premier. 27. Horse or soap. 28. Biblical name. 29. Sire. 30. Scoff at. County. 32 34. Mongrels. 36. Appears to. 37. Vanquished. 39. Kenyan Olympian. 40. Fragrant flower. 42. Kitlei. 43. Cover up an odor. 45,Tcna 46. Waller ■"■Urn' 48. Graf Mare. 49. Shoot. SO. Type ofschool (abbr.). 51.Takeout. 52. Buscorp. 53. Discern. 54. Uncle �The Environmental Crisis by Robert Doren COMMENTARIES OFMY JAROF VASELINE . We all speak freely of the overcrowded world. But let us not be too anxious, Lest we be macroscopic And state the problem. For now look at the beginning, As each problem has one, And what of the situation In which My Jaris abused. Just as we strike a match To light a candle And use a poker For a fire. All processes have their initiation And thus we must halt them in the bud. So as phosphates are withdrawn, So must we ... the Vaseline. v '"■ December 7, t972 THE OPINION 8 Hence the story is over, but alas not. For if we be micro once again, The situationis clear And the circle is,as ever, closed. .. For take My Jar in hand And use this sage's advice. Now just think a moment Oh yes, My Jar! .. Now what is the source of this problem; Just the solutionof the other. For "everything must go somewhere" What do 1 do with the jar. BulETiNBoARd SENIOR COMPOSITE Seniors interested in having their pictures taken for a composite, see information on bulletin board immediately. ESSAY CONTESTS I. In celebration of the 500th Anniversary of the birth of the Polish astronomer Nicholas Copernicus, the National Advocates Society is sponsoring a $1,000 essay contest. All law students are eligible to participate. The essay must deal generally with the legal systems existing in Poland in the centuries of Copernicus, 15th and 16th. For further information, write to: NAS Copernicus Essay Contest c/o Edmund A. Godula 2 North Riverside Plaza, 1400 Chicago, Illinois 60606 The deadline for submission of the essay is March 1, 1973. II. The Section of Family Law of the AmericanBar Association is again sponsoring the Howard C. Schwab Memorial Essay Contest; subject: any aspect of family law; open to second and third year law students. For further information and/or entry forms, write to: Division of Legal Practice and Foundation Howard C. Schwab Memorial Award Essay Contest 1 Be..,n fl ABA Section of Family Law CLERKING POSITIONS AmericanBar Center 1155 East 60th Street Senior clerks who will be leaving their jobs Chicago, Illinois 60636 The deadline for submission of the essay is April during the next few months can perform a valuable service to Junior and Freshman students by urging 16,1973. their employers to hire a replacement. The urging process may become far easier if you offer to refer CLASSIFIED AD several well qualified law students to them for a Come and hear me, "Mr. Savino," freshman Sect. choice, and to train your successor by showing him 3, with my sorta-jazz group, Thermopylae, at the or her what must be done and where and how to do Blacksmith Shop (drink or eat), 1375 Delaware, it. That sort of help ought to please your employer Fridays and Saturdays, so I'll have enoughpeople to with your concern and make it far easier for a firm to absorb anotherperson productively. get the job permanently. BAR REVIEW COURSES Plans are now underway forreview courses for Analysis Clinic will be held in Buffalo. Representative Charles Nash announces that the cost the March and July Bar exams. PLI Representative Rosalie Stollannounced that is $60, and the clinic will be available twice to June persons taking the July Bar now have the option of grads. listening to the PLI tapes twice: they will first be Marino Bar Review Course will be offered, too. offered January 24 until the end of April, three Representative John Anderson states that June times a week, three hours a tape, with a makeup graduates may hear the tapes twice once during class scheduled for each tape. Beginning in June,the the school year and again in June. Tapes will be new 1973 tapes will be played six days a week (three played twice a day during the school year. The fee hours per tape), until a few days before the Bar. for Marino is $200, and Mr. Anderson has devised Each tape will be played in the morning and three payment plans. Tapes will be played three repeated in the evening for those persons with jobs, times a week. Marino will also have new books out or who wish to listen to them twice. The 1973 to supplement the course. Persons interested in 13-volume Compendium of New York Law will be signing up for the Marino Bar Review Course should available tentatively in early April. Cost of the contact either Anderson or Alan Snyder. Both Marino and PLI will be having course is $185. WachtelFs "New YorkPractice under the CPLR" is available at half-price, $10, to persons concentrated bar review courses in preparation for who sign up for the tape course. the March bar. Interested persons should contact the For the first time this year, the Kass Proolem representatives. * - BUildNGEWNOTE by Earl Carrel The State University of New York at Buffalo broke with precedent to name the new Law and Jurisprudence Building after the Law School's oldest living alumnus,John Lord O'Brian. In addition, to announcing the name of O'Brian Hall as the Law Building, the State University Belling Board of Trustees, meeting in Albany chose to name the Law Library forCharles B. Searsand the Moot Courtroom after Carlos C. Alden. In deciding to honor Mr. On Thursday, December 14th, at 1 p.m., the Distinguished sponsor Law Club, O'Brian, the Trusteeswaived their will together with the International Forum, Visitors an International War Crimes Forum. Ted Orlin, President of the requirement that buildings be International Law Club, has invited Dr. Howard Levie and others to be namedafter deceasedpersons. An 1898 graduate of the U.B. announced. The Forum is open to all members of the Law School Law School, Mr. O'Biian served on community. War Crimes Symposium the University Council from 1903 to 1929 when he moved to Washington, D.C. He still maintains a law practice in that city wherehe held appointments from six presidents. Now 98 years old, Mr. O'Brian still maintains contact with the Law School and is listed on the Faculty roster as Professor Emeritus. The late Judge Sears, after whom theLibrary has been named, served on the New York State Supreme Court and in the Appellate Division, Fourth Department for a totalof 24 years. Both he and Mr. O'Brian have received the coveted Chancellor's Medal from the University. Mr. O'Brian was the recipient in 1940 and JudgeSears in 1941. To students, faculty, and alumni of U.B. Law School,Carlos C. Alden needs little introduction. A native of Maine, Dean Alden received his LL.B. from New York University in 1892. He was 38 years old whenhe came to Buffalo in 1904 to become a prof, oflaw and Dean of the Law School. He served as Deanuntil 1936 whenhe reached the age of 70. This was not the end of Dean AI den's association with the Law School, for he remained on the teaching faculty until 1954. He then was honored with the title of Professor Emeritus. Dean Alden died in 1955. In naming the Moot Courtroom after Dean Carlos C. Alden, the Trustees are honoring the memory of the man who for 50 yearswas the Buffalo Law School. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-12-07 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/7/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/df3e385367c7449240ddfcbbd88128dc.pdf c32c10ab507357544ac2c7458b92d49b PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14202 Non-Profit Organization U. S. Postage PAID BUFFALO, N.Y. PERMIT No. 706. THE Volume 13, Number 4 OPINION State University of New York at Buffalo School of Law November 21, 1972 Back from National Competition, Moot Court Begins Desmond Tonight Thursday, Nov. 30, the third on Friday, Dec. 1, and the final round on Dec. 2 will Levi Levi Levi Representing UB in the National Moot Court Competition, Region 11, were Jesse Baker, David Schubel and Fred Steinberg. The competition was held during November 10 and 12 at Yale University in New Haven, Connecticut. Perenially a strong Boston College Law School was once again the winning team. The topic of the competition involved air pollution and the right of private citizens to bring actions for money damages under the Federal Clean Air Act. Messers. Steinberg, Schubel, and Baker prepared the brief and Mr. Baker and Mr. Schubel argued. competition in the second round by the team from Syracuse University. Syracuse had fielded quite a strong team, whichbeat Yale University in the first round and continued on into the final round against Boston College. Paula VanMeter of Syracuse University was selected best oral arguist of the regional competition. The regional competition was sponsored this year by the Connecticut Bar Association and the American Trial Lawyers Association, members of whom presented awards at a banquet on Saturday night following the final round. Three of the four final advocates Bu ffa 1o was eliminated from the were women. in the final round Professor Marx n.ow.ak univ. info, services IN THIS ISSUE: Hayden Appeals for Student Participation President's Corner Large Firm, Small Firm Poverty Law? - Legal Career Panel What did Law School do to You? Freshman Opinion Are You in Need? Poverty 111 Sleeping through Sitting At the Studio Arena Farewell to the Shysters Sports Huddle Your Money Where it's Going SBA Budget, '72-73 - page two announces that plans are already underway to send another strong team to the Jessup competition next semester. * * * The Seventh Annual Charles S. Desmond Moot Court Competition begins tonight with practice oral argument in the County Hall courtrooms. Beginning at 7:00, twelve teams will vie for membership on the Moot CourtBoard. In tonight's argument. Moot Court Board members will serve as judges. The first round of competition will be held Tuesday, Nov. 28, the second round on Belgian Trip Planned Law School Mourns A Memorial Service for Professor Stephen M. Marx, who diedNovember i, washeld Friday, November 10, in room 110 Eagle Street at 12:30. Epitaphs were delivered by Professors Dannye Holley, Marjorie Girth,and Patrick Kelley, and student Steve Townsend,who attended Professor Marx's Selective Service Seminar last spring. Professor Marx's friends all, they emphasized his humanity and kindness. In his short slay here. Professor Marx exhibited warmth and compassion, attributes often absent in an inslitutional setting. He will be sorely missed. The Moot Court Board determine the 1972 Desmond victors. All members of the legal community are invited to attend any of therounds. Moot Court will select candidates on the basis of \vritten and oral performance in the competition. Distinguished local attorneys and members of the City, County and State Supreme Courts will judge the oral argument. Com pet ing teams include Gary J. Jchmitt and Leonard Zakrewski, Cyrus Kloner and Martin Miller, Don Bergevin and Christopher Davis, ThomasBailey and Stephen Townsend, Joseph Burden and Michael Dunlavey, Jim Devoy, Kay Latona and John Levi, Tom Reeve and Rick Schisler, Benjamin Idziak and John Mendenhall, Tim Toohey and Tom Mullaney, Peter Jasen and Thomas Quinn and Bob Brennanand ThomasLucas. Awards will be given for Best Speaker, Best Brief and Best Team at an awards banquet on Dec. 2. Last year's winners will be present at the ceremony. Members of the Moot Court Board slate that (his year's competition promises to be one of the most exciting in recent years. Any plans for semester break? Learn, travel and make friends in Europe. The International Law Club has received an invitation for 15- 25 students to visit the Brussels Free University Law School. As part of a developing cooperation between the two law schools, this trip is in return for last spring's visit of Belgium Law Students, hosted by the International Law Club. The program will include presentations on the Belgian, Common Market and European legal systems. It will be highlighted by visits to the Internal Court of Justice, the College of Europe and a seminar on American businesses in Europe. Tentatively, it is planned to split the group into subgroups studying European and International Law and private law in the Civil System for thesecond week. Included will be trips to Bruges, Antwerp and a weekend in Amsterdam. Approximately $225 per person will include travel, room and board in Belgium students' homes, and most incidentals. A $25 deposit will be required prior to Dec. 1, 1972. Further information is available from International Law Club officers Ted Orlin and Larry Loveday, or Professor Burgenthal's secretary. Tabachnik to Speak E mmanuel Tabachnick, a noted area 110. His topic will be the public employees' labor lawyer who represents many of the right to strike. Mr. Tabachnick is a U.B. Law School teacher's unions in the Erie County area, will speak Thursday, Nov. 30 at 1:00 in Room alumnus. page three At 2:00 today, the survivors of last year's page four page five controversial social committee will present the first 'Thank Qg|ll|| rill ItjT page six page eight | J I OQ *"■ 8VI **# ' aaaai page seven Goodness it's Vacation Time' party of the semester in the lounge. Liquid refreshment will be served, as well as traditionalsnacks and cheese. Kumor has it that something stronger than the traditional beer and wine may be served, but the only identified member of the committee would not comment. When pressed further as to whether women would be procured or a discriminatory head tax wouldbe levied, he gasped, "Remember Braunschidle!" (TGIVT) �November 21, 1972 THE OPINION 2 Editorial by John Hayden who might The Staff of The Opinion would like to wish you and yours a happy holiday. Two of the tilings that most surprise me about law school student governance are the opportunities to participate in important decision making and the dirth of students willing to participate. The first point was brought home by some of the members of the accreditation team that recently visited. One of the members of this team could hardly keep himself Editor: from remarking at the "unusual" degree of student representation on such committees as the Academic inquiries received in response my have several to Program and Policy Committee (three students and I article on the Summer Program in Strasbourg. To answer just four faculty) and the Budget and Program Review Committee (four faculty and two studenA on a a few of them: 1) Tuition for the course given by the International committee that allocates resources within the law Institute of Human Rights is $50.00. There is a possibility of school). An example of the second surprise is the fact waiverupon request. 2) Living expenses are the responsibility of the student, that on three separate occasions I asked for students to volunteer as student representatives to "Visiting but in some circumstances scholarships are available through Committees" for several faculty members. These U.B. Charter Flights and the Center for International committees do the bulk of study on the Educational Exchange, 777 U.Ni Plaza, New York, New qualifications of faculty members for tenure and promotion and the two student and three faculty York. 4) The Law School has in the past provided a small members on each of the six active committees are in subsidy to U.B. students to supplement their own finances. large measure responsible for the quality of teaching In regard to the last consideration, Nick Amigone, Mark at the law school. Despite my best efforts, and Finkelstein and I would personally like to extend our presumably those of the SBA Directors who were gratitude to the law school for providing some funds to asked to help find interested students, threeof those permit us to attend this valuable course and without whose committees have only half the number of students assistance it would have been impossible for Mark and me to spend two additional weeks serving as interns at the Council Letter to the Editor of Europe's Human Rights Division. Additional information about the course and applications will be available next semester. Sincerely, Theodore S. Orlin, Pres., International Law Club THE RiGHT ON! Referenda Errata The many state referenda included on the ballots across the plains and mountains, from sea to briny sea, over hill and dale and swamp and Lackawanna-type wonders of technology throughout this broad and beautiful land of ours showed a general trend against the reactionary, anti-life, pseudo-ideology of the McGoverniks and their fascistic ilk. Voters generally rebelled against higher taxes, and against expanded government spending. In California, the voters rejected the "de-criminalization" of marijuana and approved the reinstatement of the death penalty for certain categories of crimes, both by 2 to 1 margins. This reflects severely on the reasoning ability of the California Supreme Court and the United States Supreme Court, both of which voted to outlaw capital punishment because it was "offensive" to contemporary standards of "decency." California voters also rejected mandatory bussing by repealing a state law which declared it state policy to eliminate racial imbalance in school enrollment. California voters also rejected a measure that would have increased salaries for bureaucrats, and another that would have increased sales, business, cigarette and liquor taxes. The voice of the people also voted down graduated income taxes in Michigan and Massachusetts, and politicians in Illinois, Connecticut, Delaware and New Hampshire won or lost primarily on theirstands on higher or new taxes those that supported them lost. Coloradans voted down funds for the 1976 winter Olympics, which will now be held elsewhere. In a curious reversal of form both Michigan and North Dakota voted down proposals to liberalize abortion laws (fie, fie!) and Ohioans voted to retain the state's graduated personal and corporate income taxes. Ecological issues succeeded almost universally. In South Dakota a ban was placed on the shooting of mourning doves, the Colorado rejection of the Olympic games was largely based on ecological arguments, and North Carolina adopted an amendment making environmental protection a "proper function"of the state. New Jersey rejected a bond issue for $650 million, partially on the basis that too much was allocated for highway construction and not enough for mass transit. California voters approved state legislative power to make loans to private enterprise (that is a code word for you two McGoverniks out there to hiss, boo and pout) for pollution control facilities, and approved state legislation to protect the state's coastline from overdevelopment. Running against the general tight-fisted trend were bond issues in New York ($1.2 billion) and Florida ($640 million) to improveand protect the environment. — -- - Editor-in-Chief Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Douglas Roberts Sports Editor Douglas Roberts Poetry Editor Robert Doren - to suggestions. The theories of legal education are being discussed in some depth by a faculty that seems more willing to receive ideas from students. There are few deaf ears among them but there appear to be 600 mute students among us. — - RosalieStoll vE£KfcS -- - — Assistant Editor Kay Latona Ibby Lane Arts Editor Managing Editor John Leui Artict* Editor ppter M. Jasert SBA Editor Vacant Kay Latona, Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Donfeavy, Alan Synder, Jon Kastoff, Christopher Greene, Robert Rothsteirt, Larry Zimmerman, Peter Clark, Linda Cleveland, John Levi, John Hayden, Fred Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Buffomante, Elliot Mandel. The Opinion is published every third week, except for vacations, during the regular academic year. It it the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage enteredat Buffalo, New York. Letters to the Editor are encouraged. Writers should limit their letters to 400 words. Letters are subject to editing and will beprinted at the Editor's discretion. -. Staff by Otto Matsch OPINION Presidnt Corner otherwise participate. These comments are not intended either to suggest that we are over-represented on faculty committees or that no students are interested, bul rather that we can be more effective it some means can be developed to permit students with ideasand enthusiasm to make some contribution to the law school community. Such contributions, in whatever direction, have an impact that lasts far past the contributees' graduation. It was suggested by the accreditation team that U.B. could become one of the top ten law schools within ten years, but a regurgitation of old ideas, or a copying of programs in the present "top ten" is not the way to go about it. If there aren't many of youwho are fully satisfied with the present law school, there are fewer still who have come foreward to do anything but wallow in what they perceive as our structural deficiencies. If a significant student impact on the sorts of changes being contemplated is possible, the time is now. It appears, though, that we will faithfully follow our traditional pattern of peace now and panic later. I am eager to alter this syndrome, and am quite open Even the dreaded and maligned "gun lobby" crowed that they were pleased with the election for tworeasons. One was their wide support ofenvironmental issues, which won. Second was the interesting fact that all five incumbent Senatorswho were defeated in re-election bids (Margaret Smith, Gordon Allott, William Song, JackMiller, Caleb Boggs) had voted for Birch Bayh's hideous gun-control bill. Whithersoever the Governor Listeth Now that the presidential elections (remember them?) are finally over, what will happen to the Democratic Party? Will the McGoverniks retain control of the party structure, or will the Old Guard regain control, or will the Party lurch far to the right? The first skirmish is shaping up now. The "centrists" and the "right-wing" of the Party appear to be ganging up on the McGoverniks in an attempt to oust Jean Westwood as chairman of the Party. Westwood was handpicked by McGovern and symbolizes the most disasterous presidential election the Democrats ever had, hence they want her out. Westwood has said she will fight. The question is not really who will replace her as who will decide who to replace her with, if anyone. Each of the three factions of the party claim to have won the election in one way oranother and eachhas a following of some size within the membership. The "left fringe," the McGoverniks, claim they are the faction of decency, morality, virture, honesty, peace, idealism, sincerity, etc., and are looking toward Ted Kennedy to save the nation from its bestial instincts. Kennedy held McGovern's halo in place for him during the campaign and may now be seeking to slip it over his own curly locks, even if they are still a little damp. This fringe of the party claims that Kennedy or a similar candidate can reunite the party's factions behind their neuro-fascist slogans and they can all prance down the yellow-brick road to victory and Godliness together, forverand ever, amen. The Old Guard will also try to reunite the party behind its Old-New Deal catch phrases and attempt to revive the FDR coalition. This is the party of Humphrey, Daley, Johnson, Meany; the ones that the McGoverniks spit on at the convention and then demanded support from afterwards. Theirs was the party that denounced McGovernism but extolled the Democratic Party at all other levels. Theirs are the Senatorsand Congressmen who won despite McGovern, most of whom said they disagreed with him and would not support him, and survived the their Nixon onslaught. They have a lot of power candidates are in office and they control the party gmbltHli' PI 7 i ri . machinery below the nationallevel. George Wallace is the best representative of the so-called "right-wing" of the Democratic Party. Among all of the other candidates for leadership of the now fractured party, Wallace has the best understanding of the gut issues of the country. He is the antithesis of the McGoverniks. They are the elitist upper-middle class WASP-ish self-anointed saviors of our souls, they know what is best for America, and feel that if the proles don't like it, they can damn well shove it. Wallace shoutshe is for the "little man," what the McGoverniks defensively call "middle America." And while the McGoverniks talk about their earth-shattering issues of legalized pot, amnesty for traitors, and free abortion, the real people are worrying about mandatory bussing, safe streets, a strong defense and taxes. Wallace directs himself to the issues that concern most people, and those that write these issues off as code-words for racism or appeals to bigotry and hatred reveal an ignorance of what America is all about. The vast majority of Americans do not fit Hollywood's stereotype of Archie Bunker as the typical prole, and are not willing to swallow Madison Avenue's packaging of McGovern as the purger of Satanism. America is overwhelmingly square and getting squarer. Wallace knows this, but the kids at Harvard went for McGovern by a six to one margin (is Harvard over-rated?). The elitists think that Harvard Yard should, and in fact does, reflect the true America. Deep in their grubby hearts they yearn for a way to eliminate the awful necessity of elections, so that they, the elite, can get on with all the important business of saving ourselves from ourselves. It is too early to tell whose faction will control the Democrats for the forseeable future. One not-unlikely scenario involves the virtual ouster of the "ultra-left" crazies from the party leadershipby the Old Guard and the Wallacites. The general ideological sympathy of the party would be a cross between Humphrey-Bayh "liberalism" and Wailace-Jackson "conservatism," which are really pretty close. The McGovern-Spock factionwould be pretty well excluded, and would perhaps declare themselves an independent party the way Henry Wallace did in 1948 with the Progressive Party. (They would probably call it theNew Populist Party or something close to it.) I would expect that Kennedy would suddenly become more "moderate" and stick with the party. The 1976 ticket would feature a party platform that closely reflects Wallace's (George) appeal to the working class and would try to pawn off some bland establishment-goon politician as the new Lincoln or something like that. We shall see, we shall see. �November 21. 1972 THE OPINION Legal Careers Panel James Macgavern Professor Al Mugel, a panel discussion on Legal Careers was held November 15 at the Erie County Library Auditorium. Professor Mugel, a senior partner with Jaeckle, Fleischmann & Mugel, moderated the panel and, together with the Placement Committee, planned the activity. Prof. Mugel and the panelists attempted to describe the opportunities available to law school graduates in eachof the represented areas, instead of better equipped, a country firm does not have the same competition. Economically, a country lawyer does just as well as a city practitioner, and for a person interested in community service, opportunities are much more available to the rural lawyer in the Hosted by legislature. Henrietta Wolfgang "If you feel youwouldlike to be of service to the community, poverty law is a good field." Heading the Appeals Division of the Legal Aid Services of Buffalo, Mrs. Henrietta Wolfgang emphasized the advantages of working in poverty law. Working for a legal aid service enables the young lawyer to gain invaluable experience in all phases of the law. The caseload is so heavy, she stated, and the demand for the services of an able, interested attorney so great, that practically the day you are admitted to the bar you are in court. A legal aid attorney thus must be an independently-oriented self-starter, who is able to handle a caseload of his own from the very" beginning, and develop an expertise. A very diverse practice is available ranging from all types of civil litigation to appellate work. Mrs. Wolfgang noted that a lot of new law is being made now by people in the poverty law area, mentioning the expansion and development of prisoner rights, which provides an opportunity for attorneys to see the immediate results of their work. For a person only interested in making money, legal aid was not recommended, but for idealistic, community-oriented attorneys, legal aid can provide an exciting . future Jerry Moriurity John Stenger "I think the medium size firm is the ideal John Stenger, a partner with Jaeckle, situation." Fleischmann & Mugel, discussed the advantages of a large firm. He explained A partner with Williams, Stevens, how a large firm is divided into areas McCarville & Frizzell, P.C., Jack Frizzel pointed to the advantages of a medium-size including corporate work, tax, estates, real estate, negligence litigation and general law firm. The medium-size firm he is litigation. Advantages of a large firm, he associated with includes 12 lawyers, which stated, included the high calibre of the allowed for specialization as such without types of persons you are dealing with. He departmentalization. He pointed out that pointed out the opportunity to learn a as a sole practitioner, he wouldn't have the great deal from the persons you work with, resources or materials, noting that the day emphasizing that the office is not rigidly of the sole practitioner is just about over. structured. The type of work was another One problem he found with the advantage, for due to the greater facilities medium-size firm, yet unresolved, was that and resources available, a large firm it grows. practitioner can offer a service smaller firms may not be able to do. Getting into a "Sometimes I feel I'm a sole practitioner large firm involves a very selective practice, with a sole client." although 2 or 3 new associates a yearmay David Fielding, the Secretary and be hired at a going rate in Buffalo in the General Counsel of Roblin Industries neighborhood of $ 14,000. represented the corporate attorney field. "If there is one particular area of law He discussed only his own activities in the which you like, that is the place to be." firm, noting that each corporation is so different, due to its structure that it is counsel with the local A Internal difficult to predetermine a lawyer's role. Revenue Service, Steve Miller discussed the An attorney with a corporation cannot be advantages of working for the Federal a specialist in all the areas in which the Government. For a person interested in corporation is involved. Mr. Fielding for specializing, a government agency may be this reason did not recommend recent jusl what he is looking for. There is no long graduates go into this field until they have period of apprenticeship, there is a lot of practiced law and worked with other general litigation and advisory work and attorneys to gain specialization. Mr. much opportunity to travel. In addition, Fielding noted the heavy reliance placed on the starting salary of $11,000-513,000 is an attorney in a corporation, but stated attractive as well as the vacation time, and that perhaps what he missed most is the sick leave. A government lawyer can also day-to-day contact with other lawyers and usually depend on a 9-5 job without the exchange of ideas. The money,however, is long overtime hours that attorneys with very good. large firms often put in. "If you want to practice in the country, I "You don't look at this as a long term career." can recommend it very highly." County Attorney James Magavern Thirty-three years ago, Jerry Moriarty pointed out the great diversity of jobs in graduated from U.B. Law School. Today, the county which enable attorneys to he is in a highly successful country practice follow their own interests. A beginning with two other attorneys in Franklinville, attorney will find the remuneration N.Y. There is a lot of accident involved in competitive, but as he gains more and more where one practices law, he noted, but he experience, the pay scale does not keep up found a country practice very gratifying. with private practice. Some assistant The practice, he stated, is stable, for you county attorneys look at their jobs as are the lawyer and if people trust in you long-term careers, but others prefer to go and are pleased with your work, they keep out on their own after learning and returning. The practice in itself is general, practicing in the office. For career-minded and while a large city law firm may be persons, the fringe benefits are outstanding there are regular office hours and health concentrating only on what was available in their particular firms. They described insurance. In a public office, beginning attorneys are likely to get a lot of the advantages and disadvantages of their particular form of practice and discussed responsibility very early. Mr. Magavern mentioned several recent UB grads who are what they look for in a jobapplicant. A summary of panelists and their now workingout of the County Attorney's Office and discussed the projects they are representative areas of the law follows. involved in. - Prof. Al Mugel David Fielding Photos by Belling Joseph McCarthy Jack Frizzel "Work in a large firm is very challenging." 3 "Ethically we're in a favorable position we wear a white hat or at least try to." - Representing the District Attorney's Office, Joseph McCarthy explained the function of his office as one of representing the public in the field of criminal law. He stressed the wide variety of opportunities for a district attorney within the office that of a prosecutor, educator, arbitrator, and combined judge and jury. The office itselfhas 53 attorneys working for it, with about 6 new lawyers hired each year. A number of persons with the district attorney's are active politically, but the hiring is nonpartisan, Mr. McCarthy stated. The lowest paid position for an attorney is $9,200, but after a few months this is raised to approx. $13,000. The District Attorney makes $38,000. Applications for assistant district attorney should be made directly to the District - Attorney. Eugene Tennv "A lone practitioner doesn't get slotted into a particular phase of the law he is not suited for." As a sole practitioner, Gene Tenney stated that, "When a client walks in, he is retaining you and he likes that." He emphasized the close relationship that the lone practitioner is able to have with his clients. However, he noted that a sole practitioner today has a more and more difficult time since he must be a specialist in every particular area. The trend, he inoted, is toward a medium size firm in which delegations of duties can be made. For those interesled in a one-man practice, Mr. Tenney recommended very strongly that training be obtained in a large firm. Mr. Tenney spotted the problems of graduates looking for jobs and noted that you must be practical in finding employment. As a sole practitioner, Mr. Tenney stated, "I have been very, very happy." Steve Miller �November 21, 1972 THE OPINION 4 Manke Speaks on Vietnam Settlement by Dianne Graebner The nine-point peace plan proposedby President Richard Nixon would produce at best a tenuous cease fire. 'There are huge questions, huge holes, dozens of opportunities for breakdown." The settlement, said Vietnam expert Hugh Manke, has only an "outside chance" of working. Mr. Manke spent four years in Vietnam, where he was director of International Voluntary Services. He was evicted by South Vietnam's President Thieu in September 1971, one year before he entered UB Law School as a freshman. A student appearance on the Distinguished Visitors Forum, November 2, noted chairman Tom Bailey, set an unusual precedent. Although he left a yearago, Mr. Manke said, "the circumstances surrounding an Hugh Manke Levl Hugh Menke, the third speaker in the Distinguished Visitors Forum, is the first student to ever address the Forum. An expert on the Vietnam situation, he has spent four years with the International Voluntary Services. * * * Ms. Diane Graebner, the author, is an Opinion staff reporter, in her first year at Buffalo. A former newspaper writer, Ms. Graebner has taught courses in journalism at the college level. She will continue covering all events of the Distinguished VisitorsForum. ___„ ultimate settlement in Vietnam have been existing for a long time." He concentrated on what he considered the "three crucial" points of Nixon's program: cease-fire, prisoner release and the political future of Vietnam. Among the questions he raised about the cease-fire were: "What about arms shipments to Hanoi, North Vietnamese forces in the South and American civilians in paramilitary positions?" How, he asked, will the sides distinguish the replacing of damaged equipment allowed under theprogram from the introduction of foreign arms by either side forbiddenunder the program. The prisoner release clause, he noted, declines to mention the 100,000 political prisoners held by the South Vietnamese - — government, and those held by the National Liberation Front and North Vietnam. Nixon's proposed settlement contains a major concession to North Vietnam to allow its troops to remain in the South. North Vietnam has made a number of concessions, including the acceptance of Thieu in a coalition council, continuance of aid and civilian advisors in South Vietnam, a free hand for the U.S. in Laos and Cambodia, maintenance of troops in Thailand and of U.S. ships off the coast of South Vietnam, and release of prisoners concurrently with U.S. troop pull-outs. Mr. Manke addressed himself primarily to Vietnam's political future. The nine-point program includes a National Council of National Reconciliation and Concord, composed of representatives from Saigon, the Provisional Revolutionary Government and neutralists, which will oversee elections. Two basic questions, he stated, are "who will pick the neutralists?" and "elections for what?" Mr. Manke suggested that President Thieu does not feel he has a "fighting chance" unless he controls the bureaucracy. If outside agreements among PRG, North Vietnam and Thieu stalemate, the "person who administers the bureaucracy at the time of elections will win." The U.S., said Mr. Manke, must not give in to Thieu and limit the role' of the Council. Rather, the Council must have political and military control. The U.S. is not going to answer all the questions the program raises, said the speaker. Basically, the U.S. wants the prisoners and a fighting chance tor Thieu. "They're going to leave Thieu to work out his own problems. The basic issue of political futureand cease-fire is going to be worked out in a Vietnamese way." One of the reasons Thieudoesn't think he has a fighting chance is his lack of political organization: "Thieu has not made the minimal effort; his main approach is not compromise but dividing individual groups and manipulating them." Another problem is control of the population. The U.S. and South Vietnam "concentrate on control of bodies (The South holds 50% of the land and 90% of the people) and the North Vietnamese and the NLF concentrate on controlling minds." In response to the loopholes in the U.S. plan, Mr. Manke suggested his own six-point plan: 1) Thieu must accede to tripartite government control over the Ministry of Interior and Defense; 2) the tripartite council must assume responsibility for deciding who controls what territory; 3) the neutralists and the NLF must be convinced to shift from far right to center in an evolutionary way; 4) the federal system must be applied to the countryside, where local autonomy must be given in groups; 5) elections should be limited to the national assembly, with the Council in control as the government; 6) North Vietnam's army must withdraw as soon as the National Council has an effective army and police control. "Peace is the issue," said Mr. Manke. And, he noted, "a lot of chaos could be in store in the future," since "everything has been done in the past few years to eliminate the neutralists. Where there's chaos, an organized force, namely the NLF, can take control." Freshman Opinion: Philip Speser .. "Institutional creeds, such as law, economics, or theology, must be false in order to function effectively. This paradoxical statement means that they must express contradictory ideals and must authoritatively suppress any .. The facts which interfere with those ideals contradictory ideals of an institutional creed and the variance between these ideals and the actual conduct of the institution must be reconciled. If no emotional conflict is felt the reconciliation may be accomplished by a very simple ceremony The ceremonies which an institution adopts to reconcile its conflicting ideals are addressed to its own members, not to outsiders. Therefore they are seldom convincing to the critics of the institution." Thurman Arnold, a lawyer, of all things, in The Folklore of Capitalism. reasonable (catch (hat word) idea of what we think we're going to be about. Put simply, we already know the myth. Lawyers are the healers of the vast social organization. We help the injured, bring together the estranged, punish the wicked, defend the innocent, support public policy and the economy (not much left to do after taking care of the government and big business and thenoble little guy), and while doing all this protect person and property and balance that by social policy, the Constitution, the necessities of the legal system, and those situations in a market economy requiring a breach. Introducing one word which includes all of these things and still manages to confuse even more: we are servants of justice. That makes us noble souls by definition. 3. Freshmen are the great threat to the legal system. We come in with our lofty undergraduate politics and/or There are three questions which the freshman, as an memories of The Merchant of Venice. Before we can be outsider on the way in, is perhaps in a unique position to given the keys to power we must be rendered harmless, consider: 1. What is the law about? 2. What doesit say it is socialized. It is difficult to avoid the conclusion that law school about? 3. How does it keep from blowing apart (Law of (a reasonable and prudent man would conclude Entropy)? 1. Raised as we were in this Hfe-under-law unintentionally) effects a spiritual transformation upon (sometimes stated as rule of lawabove men) country, we the freshman. One which he or she probably sees as all know what the law is about. It's about power. (I hope undesirable. After all, old thought and behavior patterns this does not come as a shock.) If you know the right are underattack, are being changed. mumbo-jumbo you can work amazing things. To do such things to any post-pubescent person is Every society has its mumbo-jumbo men. Some difficult. It tends to be perceived as insidious. Look at places, it's priests; other places, witch doctors; here, it's those institutions which we have officially sanctioned in lawyers. In order for a complex organization to function, similarefforts thearmy and the prisons. Lawyers are usually seen as superior to generals and it is necessary for only certain individuals to know where the buttons are. Otherwise, anyone at all could push them prison supervisors. Their mode of socialization is, as and God only knows what would happen then (assuming expected, correspondingly more abstruse. Pui plainly anything happened, with all that confusing we're bought. And that is how the Law of Entropy is button-pushing). avoided. An example: Cound et al. on CivilProcedure, p. The reason for this selectivity is that complex 20: ".. .some notion may be drawn from such typically organizations of humans do not exist for justany purpose. recommended minimum fees as $50 for the drawing of the They exist lo achieve specific ends, and the primary end is complaint (exclusive of interview and investigation), $75 to insure that those in power stay in power. Furthermore, for appearance on any contested motion, and $150 a day those In power would like to think that those who replace for trial." Does anyone not know what 1/3 of the take them will want the same things they do, otherwise the refers to?! The cost of litigation is seen as a great way of meaning of the whole venture is placed in question. Why regulating theload of the legal system. There is no doubt bother building a reich if it won't last 1.000 years? horrible it seems: that it is. The question, however, is why it is any better necessarily notion is as as not This after all. it does not say whatis done with the power. The than color of skin (which has probably already been tried medieval church was very big on charity. The ACLU somewhere in the U.S.), I.Q. or simply pulling numbers a out ofa hat of anyone who feels the legal system owes him protects a 10l of people. The OEO legal aid program did something. (A national drawing could take place on the lot of good things before the administration cannedit. 2. Being students in this trade school, we also have a same day as the draft lottery. If cost of litigation was a - - problem, the state could legalize betting on who was going to get into court and tax that to cover attorney's fees.) There is an amazing amount of talkabout money in law school. While it's a fact of life and a necessity, there is no reason for the conversation to border at times on a comical partaking of the host. Other factors contribute to the socialization of the freshman. Take life-style. It changes dramatically when you start waking up at 7:30 instead of 11 or noon. Or take the work load. A quick and totally invalid survey seemed to indicate that tedium was a greater problem than difficulty. A similar analysis could be made of classes. It's difficult for a professor to create a stimulating lesson plan for a class involving 84 people (counted in Section 3 Civil Procedure) at all different levels of understanding and for students who cannot all respond to the same style of approaching the subject matter. By way of conclusion, it should be noted that the great reconciliation which law school provides is that it gives the student three (or four) more years to develop a stake in the system. By the time we graduate, most ofais will be married. If that isn't enough to make you accept the ceremonies, just thinkof the money. Still, the nagging question remains at what point do we turn our newly-acquired skills upon the profession and those it serves. At what point is our concern not what the courts might say in this situation, but what they should say. (I assume we will know how to incline them to say whatever we desire). At what point do we question the value of law, at least as we have always known it, or have come to know it. Is there a better way? Such questions may not have answers; that does not make them any less worth raising. Experience indicates they must be raised before the stake in not raising them becomes too great. - THE OPINION WANTS YOU! at the center of everything at the Law School. THE OPINION your newspaper. Help is needed in all departments. Reporting, photographing, managing, production, copy-reading. Production Manager Article Editor Assistant Editor Help us Help you. Come to 216-B, or call us at Ext. 30 THE OPINION - ... �November 21, 1972 THE OPINION 5 POVERTY III by Earl Carrel There are circumstances, however, when the student may receive the entire amount he has requested. Thisis possible if the student is able to document "extraordinary expenses." The best example of an "extraordinary expense" is medical bills which are unexpected or unavoidable. Sometimes a student will present a budget which is lower than the one recommended by Financial Aid. In situations such as this, the student will receive the amount figured by the school. While this may seem a bit unusual, Ms. Clare Cosgrove, assistant to the directorof Financial Aid, feels there is a very plausible The all-important aspect of financial aid is need. No matter what type of financial aid is received by the student, the amount is computed on the basis of need. Few students realize, however, how need is determined. Every year, the Financial Aid Policy Committee, an arm of the Office of the Vice-President for Student Affairs, determines a budget for students (see chart below). This budget is computed on the basis of known data tuition and fees, ■ and on thebasis of probable average data books and supplies, room and board, clothing, laundry, and recreation and transportation. It is this budget that is the basis for all financial aid awards. Each student who applies for financial aid in any form, except Scholar Incentive, must submit a proposed budget to the Office of Financial Aid. It should be stressed, that all awards are made on the assumption of available funds. This means that the student's proposed budget may be irrelevant if it exceeds the budget figure set by the Office of Financial Aid. Under these conditions, the school's budget will be used and the student will receive the maximum school budget. — . —- explanation. According to Ms. Cosgrove, many students have no idea of how much it costs them to live. They know they probably can make it on what they have, but they have no idea of the cost of rent or of food or of transportation. application tiled on time. The University has set a deadline of March 1, for all applications for financial aid. This is a purely administrative deadline from which there are no exceptions. There is also a February 1 deadline for the parent's confidential statement in those instances where it is required. Several years ago, it didn't make too much difference when the application for aid was filed. This year, money was tight and there was an overload of applicants, so those who filed on lime only got 50% of need and those who filed late got nothing. This is because, as we stressed before, aid is given not only on the basis of need, but also on the basis of funds available. This year there just were no fundsavailable. The freshmen at the Law School this year were hurt because of the deadlines. Many of the first year students did not know of their acceptance by March 1 and some had not yet seni in their applications as of that date. Therefore they did not apply for financial aid by the deadline. This dilemma, was not necessarily the fault of the students, since they had no notice of the financial aid deadline. The situation has been remedied this year by the inclusion of financial aid data into the information packet sent to prospective John Dick, a student in charge of financial aid at the Law School, says, "Students don't understand what the problems are. They should know what happens in the financial aid processbefore they goup thereand try to get money." Even more important than submitting a budget to the Financial Aid Office is the importance of getting the initial applicants. The Law School has some money available from endowed funds which can be used for financial aid. This money is distributed on the basis of unmet need and outstanding educational loans. Any money which is distributed by theLaw School and based on need, is based on information gotten from the Office of Financial Aid. There is the assumption that any student who needs money has applied for financial aid through theregular channels. Undoubtedly there are many flaws in the system, particularly the failure to take into consideration the possibilities of changed financial circumstances during the six months between the time the application for aid must be in and the time the school year starts. Be this as it may, the people in the Financial Aid Office are not unreasonable. They will try to help students as much as possible, but their powers are limited. If you have questions about your status for financial aid, give them a call. But be prepared to be asked about your own incomeand expenses. A reminder: financial aid applications will be distributed some time in early December. Notices will be posted well in advance giving the appropriate dates, timesand places. School ofLaw Married Married ,ndeP endem No Children Children Commuter Resident 9 Mos. 9 Mos. 9 Mos. 12 Mos. 9 Mos. 12 Mos 9 Mos. 12 Mos. - - Tuition 1600 111 Fees Books & Supplies 200 Room & Board 628 Clothing. Laundry 452 Transportation 165 3156 TOTAL AveraRedto: 3150 200 1600 III 200 1600 111 200 1600 1600 167 167 200 200 1600 223 200 2734 2734 3645 3390 4520 3390 45.20 4645 4645 5556 5357 6487 5413 5350 6500 5400 6550 + 500 each child 1600 111 4650 4650 5550 • - [Tuition S400 for out-of-state (additional) 1600 223 200 -• ' ■ 6543 j Belling Profs. Attend Legal Rights of Women Symposium by Dianne Graebner Courses on Women and the Law are proliferating across the country, but there still remains the task of integrating the "problem of women in society" into the various areas of the law school curriculum. The Symposium on the Law School Curriculum and the Legal Rights of Women, held Oct. 24 in New York City attempted to deal precisely with this problem. "The hope of the symposium," said participant Kenneth M. Davidson, of U.B. "was to examine a series of materials which would provide a basis for looking at the special problems that women have in a variety of contexts. While the courses like Marjorie Girth and 1 give on the rights of women are useful, important, etc,, they don't deal fundamentally with the problem of women in society because that requires a full integration throughout society." Two types of panels emerged at the conference. "In areas where the case law or statutory law is familiar." said Mr. Davidson, "the attempt was to indicate how it should fit. Where the substantive law was unfamiliar, the attempt was to acquaint people with the substantive material." One example of the second type of panel was that on Tax Law. U.B. alumna Gtace Blumberg spoke on the problem of child care expenses and deductability. Carlyn McCaffrey'of New York University reported on the effect of aggregation of income where both husband and wife earn. "Given current tax treatment of single individuals and married couples, the family loses substantially where incomes are rr'i-hly equivalent," noted Mr. Davidson. Professor Davidson coordinated the panel on Labor Law, rctitled "Employment Law" in an attempt to draw in materials not just for LaborLaw courses, but also for such courses as Social Legislation, Law and Poverty, Civil Rights, Employment Discrimination and general courses on women's rights. "Employment Law" was designed to include discussions of "barriers to women's full participation in employment, anti-discrimination laws, and the ability of women to achieve theiremployment goals through unions." The symposium also featured panels on Property Law. Constitutional Law, Criminal Law and Family Law. Materials and ideas of the conference are expected to be disseminated by video tapes of the sessions and by communication between the faculty who attended and their own faculties. University of Buffalo professors Marjorie Girth and Al KatZ also attended the one day conference. The symposium, attended by more than 200 persons, will lake some time to evaluate. "It will be impossible to evaluate the effectiveness of the conference for at least a year," said Prof. Davidson, "since it's purpose is to incorporate material into dourses across the country." Many of the participants, including Mr. Davidson and Ms. Blumberg, have had books and articles published and forthcoming on the subject of women and the law. But, noted Prof. Davidson, most of the books are "designed for the Women and the Law course, and this was not a symposium on Women and the Law." U.B.ns Women and the Law course was the first non-seminar course of its kind in the country. But the school's achievements in getting women's materials into the curriculum is more difficult to assess: "It's very hard to say. I guess not much, but no more so than other schools." saidProf. Davidson. 'Tin optomistic in the long run." commented Ms. Girth. Conferences such as these and that we don't now have." The good academic work on women's legal problems "is just beginning" said Prof. Davidson. "The only way to get good scholarship is to have people (rained in areas get involved in research." It is also not yel clear how much o\ an impact women's issues are ha\ing on textbookwriters. The symposium was originally pioposed by the Law Women?s Association at NYU and was sponsored by the Association of American Law Schools. �November 21, 1972 THE OPINION 6 Food for THE ENVIRONMENTAL CRISIS Body and Soul sittinG/GRacE Two brand new plays. Sitting, and Tfte Saving Grace have opened at the Studio Arena. They arc written by John Tobias, one of America's young, inexperienced playwrights, and are both reflective ol iheir creator's qualities; they are underdeveloped and inexperienced. by Robert Doren It goes without saying thai if American theater is lo expand and improve there must be a constant infusion of new taJents and bodiesinto the theater scene. It is a well-known fact that there are huge numbers of talented theater-oriented bodies in America and that they, almost without exception, find it terribly difficult to "breakinto" showbiz. Buffalo's Studio Arena Theater, with an eye towards lessening that difficulty, has a policy of encouraging new playwrights, offering them the opportunity to display their worksand discover their capabilities. This is a highly admirable policy. I applaud the dedication to the betterment of theater which allows Studio Arena to overlook the financial advantages of producing a season of Neil Simon and his recognized successes for the decidedly less lucrative, but more important endeavor of helping the unknown author to showhis unknown work. My only question is: Why these two plays? Why two awkward, unrevealing, uninspired imitations of the pi ays and playwrights who have already been successful? Sitting is the weaker of the two one-acts slated to run through December 3. It is, to be blunt, shallow and trite. Its symbolism (if blatantness does not negate such characterization of Tobias1 statement) is insulting in its obviousness. Tobias tells us that Man cannot think or fend for himself; he wants to do nothing but sit (see title of play) and, for the dubious benefits of emotional equilibrium and intellectual stagnancy, will defer to any authoritarian activities regardless of how intrusive and demeaning. A Short Story Hey, I heard a couple of good ones the other day; You got a minute? Oh sure, continue drinking, But don't shower me when you laugh. You see there was this guy Who went through a green light And smashed into a moving ambulance. He couldn't hear the siren. You see, there were these two guys drilling A half block away. But the judge said no defense. But no one was hurt. Except of course that poor old man That the ambulance was goin' to save. He had just had a heart attack; He died. Or did you hear the one about the girl Who took a dip in the lake And caught about all you can catch nowadays, A urinary infection. But no matter; Ihe doc soon cleared it up. Said it wasn't serious. Anyhow, the beach is no longer open. Hey, you're not laughing; But I've got more. This one's sure to get you; Put down that beer can and listen. . See there were all these kids in a neighborhood Who used to play in a nearby park, But after the city dumps filled with glass and cans The only ones who played there were the rats. . I knew you'd like that one. But what about the time Congress passed a bill on mandatory sterilization, Since the only ones who spoke at the hearings were orphans Oh, you don't understand that one. Well, you see, others would normally speak. But ... I was just trying to ... we 11... in the future .. Well, it's just another story. Abbie on Trial What I found most disagreeable about Sitting was that is was so familiar as to be embarassing, dialogue straight from You Know I Can't Hear You When the Water's Running and characters fresh from Archie Bunker land. There was, in addition, no imagination or sensitivity on the part of Mr. Tobias in his use of the English language. Words are the playwright's medium and should be used to create something new, not to reproduce the old and weary. The acting was also less than exciting. Thereseemed to be a lack of stylistic continuity and a tendency of each of the actors and actresses to play the entire show on one level. Dorothy Chace, as Woman, had several nice moments but the others left one with nothing to think about but the differences confronting the stage crew faced with nightly - - course of the show. The second offering. The Saving Grace had some elements which deserve praise, most notable a vastly improved calibre of acting. Very convincing was Rod Browning as Osgood Whitelaw. He developed and conveyed a strong character as did Milton Earl Forrest as the Suburban Negro-Mandesilo and June Squibb as Miss Rackley. Their characters were all recognizable as stereotypes, but they were well-executed stereotypes. Samuel Barton gave an exuberant and vital performance as Godbrother/Moon. The cast seemed somehow convinced in The Saving Grace and Leland Ball gave [hat conviction good direction which moved the play right along al a quick tempo and with a high degree of interest. (Mr. Ball, incidentally, also directed Sitting, in which I found a contrasting lack of consistentmotivation in the action.) The company's enthusiasm and vigor is, I think, inspired by the strongly emotion-laden propositions Mr. Tobias has incorporated into his script. The playwright attempts to explore the pressing problems confronting blacks in their relationships to whites, Jews attempting to relate to both blacks and to WASP-liberals, and white liberals seeking to communicate with blacks. Tobias digs into these problems, gets to the nub of the issues, captures the interest and imagination of his audience, begins to make us feel he has something to say and then, in the biggest piece of cop-out stage hokum that I hope I'll ever have to witness, drops the problems as if they are too hot to handleand endshis play. Tobias has, in The Saving Grace the stuff of which to make a fine play but in its current form it is a work falling farshort of that mark. It, along with Sitting suffers from a boring plethora of cliches. Perhaps the author cannot deal with modern slang beyond "do your own thing" but thenhe should not attempt to write in thatidiom. I also believe that if a playwright wants to raise important issues in his drama he should at least attempt (he owes it to his audience to attempt) to supply dramatic answers. For those who go to the theater to "have a good time" I should note that both of these plays are billed as hilarious comedies. I found neither of them particularly funny. Frequently potentially humorous lines were misdelivered or otherwise defused. In all fairness, I did notice the audience chuckling from time to time at worn-out jokes of the Archie Bunker genre during Sitting and there were a few genuinely funny lines every now and then in The Saving Grace, but, for the most part, "we were not amused." Again to bring to the stage new works is a boon, and to introduce new playwrights is a further boon, but it should be donewith discretion. dining by JeffLevin Last week some of us had the pleasure to add our applause, expletives, oohs and ahs to the visual and audio barrage that is sent over the television frequencies. The occasion was the taping of a panel show for Canadian television, and the featured victim was Abbie Hoffman. The show is called Under Attack (quite accurately), and could not be filmed in Canada since both Abbie and his book Steal ThisBook are banned from that country. We all have our opinions, and mine is that the verbal events that took place at the taping were more significant than might appear at first glance. As the title of the program suggests, the guest is not there to be praised. Panelists are asked to attack the guest, and thereby expose the essence of his or her philosophy. Abbie's main weakness, it seems, was that he no longer had any earth-shattering ideas, like guerilla theater and wearing black robes to court, and everybody wanted to know why not. In every question there was the theme of "What now, Abbie? You helped get us into this mess, how about a little help to get out?" The problem was that Abbie Hoffman didn't have the answers. He could account for his course of action only by saying that it was what he knew how to do, and he no longer wanted to tell anyone else what to do, if he ever did. There are those who say that if you've nothing to say, then don't go around lecturing to audiences and saying nothing. But therereally is something said when people ask for guidance, and the answer they receive is "Guide yourself." That's what Jefferson and the gang in Philly were saying 200 yearsago, and what some people are going to jail for saying today. If you have a strong desire to live life in a ires fashion, then do it in the best way you know how. What might be a good philosophy for citizens might also be good for lawyers and judges too there maybe comfort in conformity, and relief in relying on the judgments and ideas of others, fts a reason not to put faith in your own but that really ain't what life's all about, is it? Or maybe it is. Anyhow, make up your own mind' reasseinblage of the set that is destroyed during the For the lover of good food, Buffalo offers few gastronomic experiences. TheBlacksmith Shop, 1375 Delaware at Gates Circle,has a unique and exciting menu to offer gourmets in search of well-prepared foods and good wines. The eight page food menu begins with 'Appeteasers' and includes such classics as gazpacho, borscht, marinated raw fresh vegetables and papayas stuffed with shrimp salad. Prices of appeleasers range from 55 cents to $2.35. All twenty-six of the side dish salads are made to order. They include old standbys fruit, bean and cottage cheese salads, as well as Turkish Fig Salad (chopped figs, raisins, yoghurt in a petal fashioned $ t .25), Banana and apple Unsalted Peanut Salad, Rice and Raw Vegetable Salad a la James Beard and a Stuffed Organic Tomatoofthe Day. Home made stone ground rye bread or whole wheat bread highlights the saladmeals. Thereis - — a large selection of seafood salads and delightfulfruit salads(all fresh, of course). Entrees range from Eggplant Parmesan ($3.45) to Shrimp Tempura and Brown Rice ($3.95) to Cog au yin ($3.95), There are several steaksavailable as well as live Maine lobster and lobster pie. One of my favorite meals is the Blacksmith Shop's Roast Sesame Chicken roasted chicken dipped in a buttermilk batter androlled in sesame seeds. The entree comes with bread, vegetable (fresh zuccini, mushrooms or beans) and potdso. The dinner includes an appeteaser, chef salad, drink and desert. Any dinner is made more enjoyable by a slice of their New York style cheesecake. For those interested in a new experience there is **Our Strawberry Statement: Dip your strawberries in Champagne theninto Turbinado sugar." One law student wine connoisseur notes that the wine selection is 'extraordinary for its - - range and size there's over 200 selections.' The atmosphere at the Blacksmith Shop is informal and the college-student waitresses are very helpful. At any time therewill be tables of blue-jeaned patrons at tables next to businessmen. During certainhours, (he shop has an informal wine-tastingset-up available to patrons if you call, you can get more information on this. Often, they run ads in local papers for luncheon or dinner - specials. A word to the wise, though; there's a sign outside that advertises a steak sandwich for some ridiculously low price. In fact, the sandwich is sold in some very odd time period, sd don't expect to order it. In any event, with the amazing salad, vegetable and fruit specialties that are available, splurge, and order something exotically different. You'll beglad youdid. �November 21, 1972 THE OPINION BulETiNBoARd 7 Sports Huddle the various outstanding members of the squad. A list of the awards and their respective recipients follows: Attendance Award Mike Stachowski FAREWELL TO THE SHYSTERS Punting Proficiency Award Jerry Solomon With snow aglow and winter adrift, the spacious, pristine campus of the University of Buffalo School ( (unfortunately, Mr. Solomoncould not be present to ofLaw and Jurisprudence awoke momentarily from ; accept this accolade; he was busy attending his first the somnolence of mid-semester to bid a heartfelt class in three years). Sportsmanship Award Doug Roberts and sentimental farewell to those superheroes of the Stitches Award Wally Pacer gridiron the Shysters. All talking, no show award Rahman Abdul Nestled in the comfortable confines of the Machdt (formerly Alan Snyder). ivy-covered Eagle Street building is the Malcolm Most InspiringAward Lonnie Tishman Morris Memorial Grand Ballroom, located in the Balling Comeback of the Year Award Stan Zalkowski Eagle Building. It lower level of the DeanLester W. WOMEN'S BASKETBALL Most Graceful Award Stu McDivitt was in this setting that the Farewell Shysters Dinner Dirtiest Player Award Don Haight Dance Testimonial was held. Gathered there to The Women's Basketball Team will play Fridays at 3:30 at Phantom Award Dave Olivieri squad honor the were hundreds of Buffalo's finest the YWCA. If you want to play, be there details to be Best Looking Award Walt Moxham citizenry from all walks of life and from every race, arranged. (Swimming available after game ) creed,and color. Accompaniedby the Marine Corps Band and the The ceremonies were concluded on a sad but MEN'S BASKETBALL West Point Glee Club, Otto Matsch delivered theI hopeful note. Sadly, the law school bid farewell to invocation with a stirring recital of the 23rd Psalm. I its graduating (?) seniors. Emotions were heavy as People Ct. 2 Nov. 30 2-3 1. After the excitement had died down, Mayor Frank the stalwart members of the charter Shyster squad Ct.3 Dec. 7 3-5 Sedita, through his interpreter, introduced the stood in the limelight amidst the adulation of their 2. Stare Decisis keynote speaker. The guest of honor was none other fellow classmates for this one last time. However,all Ct. 1 Nov. 30 than Myron Mclntosh, the assistant junior varsity was not mournful, for those gathered knew that the 1-5 torch of mediocrity would be proudly passed on by coach at WilliamsvilleNorth Senior High School. Ct.3 Dec. 7 3-5 Mr. Mclntosh compared this year's Shyster the class of '73 to their younger brethren. Perhaps recent gradPorky Tracy summed it up Team with his 1967 J.V. squad. He cited the parallel PLACEMENT HOURS desire for victory and thirst for vanquishment best when he said, "As long as there is a God in 816 Prudential present in both aggregations. Mclntosh also heaven, there will always be a Shyster on the described the unrequited spirit of cohesiveness that gridiron." Tuesday all day enveloped both clubs. As the assembled multitude Wednesday till 3:30 was stirred to a fever pitch by these rave SPORTSNOTES: Make appointmentat 831 -4414 exhortations, Mr. Mclntosh pounded the lectern and Anyone interested in scuba diving, contact shouted that even though that '67 team did not win a game, they acted at all times like true gentlemen. Lozzi Nesci at 837-0874 or locker 254. Lessons will their be given every Thursday evening at the Blackrock So too, he cried, did the Shysters. Throughout dismal season, not once did any squad member raise Canal docks. his voice in protest to a poorly reached official'sI The U.S. Law Mahjong team upped its season's ; to 3—o—l with victories over the Beth Zion SPECIAL ENVOY ARRIVES IN PARIS FOR MORE decision. Nor did anyone question Coach Snyder's recordteam tactics (not even when he called for a field goal on ai "B" and the Casmir Kowalski American Legion SECRETTALKS field without any goal posts). Ah, Mr. MclntoshI Post 831 squad. sighed, this was a group of fine young men whomi Team captain Harvey Waldhemier would by Lucius Q. Paddlefast the. law school could be proud to have as its; appreciate a representative turnout of law students for this Saturday night's contest with the Elma representatives. Henry Hugger, peace envoy extraordinaire of the When Mr. Mclntosh finished there was nary ai Volunteer Fire Department team. Game time is 8:30 p.m. at the Senior Citizens President, arrived today at Orly Airdrome, Paris, forwhat he dry eye in the ballroom. described as "amorous conversations" with Fifi Laßue, chief At this point, Sally Mendola, captain of the Hall of Cheektowaga Walden and Dick Roads. It's to a Shysters cheerleading presented game. theawards home outfit, the Folies i Bergere. dancer at Hugger had scant time for reporters, giving the excuse that he was late for an appointment with Mile. Laßue at her by Douglas G.Roberts - ' - - - - - -- - - -- AMTOWAGA agreements President, Hugger every Hugger, appearance energy Henry Hugger running talks, replied that," queried Hugger, high Hugger Hugger Pigalle. today by Bergere. my capital. any peace appointment Laßue, warned, Orly go trip envoy hoped Airdrome, reporters, only kicking past Paris, giving work," up Laßue, "meeting currently put any snapped legs hopes offer, were suite that the Laßue and described dancer session minds" chorus he in When Asked "But bistro at in the was "Mile. the the as arrived line." left with at Hotel with if late "amorous admitted had Folies French in an he Laßue after that for the International Paris." had Miss scant on as an famous one Lucius said can this to conversations" his time at discussions of "If what other failure he Q. dancer. them for that back Peace Paddlefast but new for business in "is was doesn't with to a declared Conference with to the terms extraordinaire with favorable "a be Miss in Mile. whirlwind able if Fifi he Paris I that Laßue." have to Laßue had to for besides the reach her his to what of tour excuse at in chief firm time the her of an he of in irr - : suite in the Hotel Pigalle. Hugger admitted his failure in the past to reach firm agreements with Miss Laßue, but declared that his hopes were running high on this trip for a favorable "meeting of the minds" with the famous dancer. When queried as to what new terms he had to offer, Hugger replied that one of them was "a whirlwind tour of every bistro in Paris." "If that doesn't work," snapped Hugger, "Mile. Laßue can go back to kicking up her legs in the chorus line." Asked if he had any other business in Paris besides the Laßue talks, Hugger said he hoped to be able to put in an appearance at an International Peace Conference currently in session in the French capital. "But that," Hugger warned, "is only ifI have any time and energy left after my discussions with Miss Laßue." 28. Jackof Diamonds & Queen ofSpades _■—; : ! ■ -U.B. Law Students33. Risker -10% Recorcl aimcJ Tape Discount Denton's is Records Your Law I.D. Card is worth 10% off our regular DISCOUNT PRICE on ALL records and tapes. We carry a complete line of all major labels including Classics, Rock, Folk and Jazz. Plus 1000's of Rock, Folk, Jazzand Classical L.P.'s and Tapes at Budget Prices. Check for our $2.99 specials every week on New Rock LP's. Denton, Cottier & Daniels 32 Court Street Corner: Court and Pearl (offer expires May 31, 1973) . . 35. Type of Finish 36. Ex-red Chinese Chief ofState & Family 38. Creator 40. Roof part 41. Sapped 43. Bicycle part 45. In 46. Causes of Reneges 4g rides again 50. Argued port Brazil 51. 52. Smaller 55. Douglas 56.Their(Fr.) 59. Type of bridge 61. Japanese port 62.Guiness 63. Regarding 64. Sill 65. Nose (Ger.) ... 66Gollpees ~':.:, L< I 67. Irishmen DOWN I.Gibbons 2. Blackbird 3. Honor card 4. Rip 5. Elected officials 6. Fiber 7. Indian 8. Electrical term 9. Out of bed lO.Migrane 11. Eager 12. Mad 13. Type ofhammer 14. Roots 21. Formal address 24. Cerise 25. Took on • 26. "Crucible" site 27. Excuse 28. Small dogs 29. Certainopeners 30. Jimmy 31. Foe 34. Despoiled 37. Final orchestratior 39. Detector 42. Royko's "boss" 44. Allow 47. One of T.R.'ssons 49. Shaker 51. Comparative term 53. Kansas town 54. Compass points 55.Golfcry 75. Egg on 58. Regrets 60. Sole 61. Arena cry • i �1972 November 21, THE OPINION 8 YITOMONU'ESy-RWHRGOiNG SBA BudGET REQUESTED: RE ECOMMENDED: ACCEPTED: Circulation $ 250.00 150.00 2,848.00 240.00 580.00 $ 160.00 50.00 2,670.00 240.00 580.00 $ 160.00 50.00 2,670.00 240.00 580.00 Total: $4068.80 $3700.00 $3700.00 $ 35.00 25.00 600.00 $ 25.00 50.00 950.00 $ 25.00 50.00 950.00 600.00 950.00 950.00 $1260.00 $1975.00 $1975.00 THE OPINION Office Supplies Office Equipment Printing- 12 issues Photography Office Supplies Telephone & Postage Honorarium Fees Related Travel & Food Expenses (4 each semester) Outside Parties (1 each semester) $ 1200.00 1000.00 $ $ 1000.00 800.00 700.00 700.00 $2000.00 $1700.00 $1700.00 Telephone Expense Honorarium Fees Related Speaker Expenses Convention Expenses Newsletter Pubiication Social Interaction Seminar Community Seminar Program $ 100.00 104.00 300.00 300.00 1500.00 50.00 200.00 700.00 $ 60.00 50.00 600.00 35.00 60.00 500.00 $ 60.00 50.00 -0-0600.00 35.00 60.00 500.00 Total: $3254.00 $1305.00 �1305.00 Total: _0_ -0- INTERNATIONAL LAW CLUB lessup Moot Court: Intramural Regional National Honorarium Fees Related Speaker Expenses $ 100.00 50.00 215.00 200.00 50.00 $ $ 100.00 50.00 215.00 -0-0" 100.00 50.00 215.00 -0-0- Belgium Exchange: Bus Expense 200.00 20.00 Gift Presentation Miscellaneous Convention-Symposium: Travel, lodging, fees, etc. Total: 3q qq -020.00 80.00 -020.00 80.00 210.00 200.00 200.00 $1075.00 $665.00 $665.00 ASSOCIATION OF WOMEN LAW STUDENTS Office Supplies Telephone Expenses Women's Career Seminar Literature Expenses Recreational Expenses: (Basketball, Volley Ball, etc.) Convention Expenses: (Travel, lodging, etc.) Total: S 200.00 $ 60.00 75.00 300.00 50.00 30.00 100.00 40.00 80.00 60.00 1020.00 200.00 $1725.00 $490.00 $ 50.00 $ 20.00 $ 60.00 30.00 100.00 40.00 - 0- 200.00 • $430.00 PHI ALPHA DELTA Office Supplies Inns of Court Professional Seminars Advertising & Programming (Related to Inns of Court & Seminars) Conclave Expenses 200.00 100.00 250.00 100.00 (700.00 Total $ 200.00 $ 200.00 200.00 50.00 $ 200.00 200.00 50.00 »500.00 $450.00 $450.00 $450.00 $ 500.00 $ 400.00 $ 400.00 400.00 $500.00 $400.00 $400.00 $ 50.00 15.00 200.00 35.00 100.00 $ 35.00 10.00 200.00 30.00 -0- $ 35.00 Telephone Expenses Convention Expense "Street Sheet" Distribution Honorarium Fees Total: $400.00 $275.00 $275.00 Organist Flowers Invitation Printing $ 50.00 $ 50.00 $ 50.00 40.00 90.00 40.00 90.00 Total: $180.00 $180.00 $180.00 Office Supplies Repair of Waikie Talkies Tape Recorder Supplies FilmS Developing $ 30.00 $ 125.00 15.00 20.00 10.00 125.00 15.00 20.00 Total: $190.00 $170.00 $170.00 $ 35.00 $ 25.00 $ 25.00 100.00 100.00 75.00 40.00 75.00 $235.00 $140.00 $100.00 $ 100.00 25.00 $ 66.00 25.00 25.00 $ 106.00 45.00 $125.00 $91.00 $151.00 $ 100.00 75.00 200.00 400.00 $ 30.00 10.00 -0- -0- 10.00 -0-0- 100.00 100.00 25.00 25.00 25.00 25.00 S975.OO $90.00 $90.00 200.00 100.00 STUDENT COMMITTEE FOR PLACEMENT Brochure Publication: Distribution & Mailing Total: NATIONAL LAWYERS'GUILD 10.00 200.00 30.00 -0- GRADUATION COMMITTEE BALSA Office Supplies Buffalo Competition: judges'Travel Expenses ludges' Food & Lodging Miscellaneous Office Supplies SOCIAL COMMITTEE Wine, Cheese & Beer Parties MOOT COURT Total: DISTINGUISHED VISITORS FORUM Total: 72-73 I 80.00 70.00 $ 20.00 180.00 70.00 100.00 100.00 100.00 100.00 $470.00 $470.00 $470.01 40.00 90.00 LEGAL OBSERVERS $ 10.00 125.00 IS.00 20.00 STUDENT LAW WIVES ASSOCIATION Office Supplies Newsletter Tea &/or Coffee Hours Total: -0- ATHLETIC COMMITTEE Equipment Expenses (Basketballs, Footballs, etc.) Entrance Fee (City Bsktbl League) Total: ENVIRONMENTAL LAW SOCIETY Office Supplies Telephone Expenses Honorarium Fees Related Speaker Expenses Publicity & Members' Travel Expense Research Expense Total: $ 30.00 SBA (STUDENT BAR ASSOCIATION) Executive Telephone Supplies Secretarial Expense Sub-Board Voucher Expense Freshman Orientation Contingency Fund Total: $ 1250.00 450.00 75.00 420.00 550.00 350.00 1304.00 $4399.00 $ 1250.00 450.00 75.00 420.00 550.00 350.00 1304.00 $4399.00 $ 1250.00 450.00 75.00 420.00 550.00 350.00 1344.00 $4439.00 $16,500.00 Grand Total: LALUMNI INE by Earl Carrel Mrs. Maryann S. Freedman, '58, is the new Committee on Professional Ethics. Legal Research Assistant to the 12 judges of the * * * City Court of Buffalo. Frank J. Laski is NYSBA Banking, Corporation, and Business Law Section Chairman. * * * Charles O. Burney, '32, a former State F. Carl Flierl is chairman of the NYSBA Real Senator and Village ofWilliamsville Attorney died Property Law Section. October 15, 1972. The Buffalo legal community will honor Buffalo City Court Judge Frank J. Luchowski at a testimonial retirement dinner in the Statler Hilton Hotel on Friday, December 1. Judge Luchowski has served on the bench since 1963. There will be no ticket sales at the hotel on * * Joseph Lococco, '45, a retired Buffalo the evening of the dinner. Tables of ten are first-come, attorney, died November 10, 1972 after a long available and can be reserved on a first-served basis only upon full payment. Tickets illness. are $10 each. * Ralph L. Halpern is chairman of the NYSBA # * % * * * * * * * * * • ■ Alan S. Birenbaum, '67, has been named a partner in the firm of Salamone, Durlander and Siractise in Pittsford, N.Y. The firm will now be known as Salamone, Durlander, Siracuse, and Birenbaum. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-11-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/21/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a5bfb61dc9b951164f39258bb97dfc21.pdf 106eccd80855c64dbe2fa17be76810d6 PDF Text Text Non-Profit Organization The Opinion U.S. Postage 77 West Eagle Street Buffalo, New York 14292 PAID BUFFALO, N.X. PERMIT NO. 706 THE Volume 13, Number 3 OPINION State University ofNew York at Buffalo School of Law November 2,1972 Coons on Serrano v. Priest by Dianne Graebner When the California Supreme Court held in -Serrano v. Priest one and a half years ago that the quality of education could not be a function of wealth, said John E. Coons last Thursday, they redistributed educational opportunity, but not to the extent of doing away with property tax or making education spending uniform. Berkeley Law Professor Coons, who developed the Serrano case before the California courts, dispelled myths and suggested consequences ofSerranoOctober 26 in the first of theLaw School's 1972-73 Mitchell lectures. Contrary to popular opinion, he noted, "property tax is alive and well in California as everywhere else." Healso said that Serrano does not mandate uniform state spending("one kid, one buck"). What Serrano will do, if it is supported by Supreme Court action (a similar Texas case is being heard this term) is to strike down 49 of the existing state educational systems. 'it's fair to say the California court far from constraining legislative choice" by its action, said Dr. Coons, "has liberated it." The state can centralize spending, "but it perfectly free to spend more" on some types of children by any rational system it chooses." Dr. Coons suggested the hypothetical situation in which the state gives each school district a set amount, e.g. $500 per pupil. It adds for other categorical preferences, including blind, gifted and disadvantaged chiHren, municipal overburden of the district and differing area costs. Then, he said,"you can add on locally according to the following rule: for every mill you're willing to add to real property Hugh Manke to Speak tax by referendum or otherwise, you will be permitted to spend $25 per pupil." This is the "power equalizer. The payoff is up to the local voters, who can produce significant spending differences, but unrelated to wealth." One reason the Serrano lawyers argued the "power equalizers" before the courts, said Dr. Coons, was that the court "was going to be extremely reluctant to impose a uniform system on the state. Our instinct was right. The judges were extremely interested in this argument." The Supreme Court judges,he added, were interested in a similar argument in the Texas case. In response to Justice White's question, "How can youargue educationis fundamental in a constitutional sense and at the same time offer a norm permitting changes," Dr. Coons said the answer is that "local control is a sufficiently weighty value" to permit some difference. The constitutional argument itself, he noted, "depends on the ability to distinguish education from sewers." The problems relating to distribution of resources for education are of three kinds, according to Professor Coons: allocation, fairness (between two children who are essentially the same in educational respects but live in different cities) and - years. Since Serrano went through the state system, it took a more "elegant" pace and the lawyers in California "had a chance to refine the question posed to the California Supreme Court." Their question in essence was: "May the wealthof the school district affect the level of spending on the child's education." The judges, he said, were shocked at the discovery of disparities in California. The range of taxable property, for example, was from $600 per pupil in China Lake to $ 1.4 million per pupU in a small area with a hydroelectric plant. Even if the Supreme Court changes the Texas and California decisions, said Dr. Coons, "that isn't the end of the game." California and several other states have invoked their own state constitutions to support this redistribution of educational opportunity. Dr. Coons, a law professor since 1955, taught at Northwestern, where he received his J.D., and served for two years in the Pentagon. Women on the Move The former director of the International Voluntary Service in A symposium on law careers, Vietnam, Hugh I. Manke, will speak before the Distinguished Visitors gettinginto law school and thelaw Forum today at 1:00 inroom 110. Mr. Manke, who spent four years in school experience, 'Women on the Vietnam, will discuss 'Vietnam, Will a Ceasefire Work?' Currently a Move: Careers in Law' was freshman in Section 2, Mr. Manke wasdeeply involved in the political, presented October 28 at socio-economic and military scene in Vietnam and thus speaks with SUNY/Buffalo. Sponsored by the expertise. Faculty of Law and Jurisprudence and the Association of WomenLaw Students together with the Career Guidance and Placement Center, IN THIS ISSUE: the Division of Undergraduate Studies and the Student Ralph thePure Sells Out Association, the symposium presented a rare and exciting view page two Otto raids Nader ofthe changing legal profession. Judge Nanette Dembitz The avowed purpose of the page three Court of Appeals Candidate conference was to accelerate the Appellate Practice change in the study and practiceof law, previously dominated by Judge James O. Moore page three upper class white men, and to Poverty II present a variety of legal careers page four Financial Assistance women can enter. To discussthose Faculty Student Relations Board possibilities, women were invited from the legal community to talk ....page five Who they are, what they do aboutwhat they do. Amhers t Here we come! The conference,which provided page five Mandel ForseesProblems free day care for participants, began with a discussion entitled The Light in the Balcony 'What You Can do With a Law page six An Evening with the Philharmonic Degree." Moderated by Patricia Sports Huddle Hollander, the panel included City page seven Court Judge M. Dolores Denman, Snyder Sells Out private attorneys Grace Ange, Maryann Freedman and Anne Srebro, administrators, Barbara • freedom of choice within the system. Although the courts probably shouldn'tget into the allocation atea that traditionally belongs to the legislature, he said, there had already been cases on that subject going up to the Supreme Court in the past Sims and Ms. Hollander, public attorneys Florence Burton, Judith Manzella, Rose La Mendola and Henrietta Wolfgang, law school faculty member Marjorie Girth, movement attorneys Jan Goodman and Barbara Handshu, Corporate Counsel Margaret Quinn, workmens compensation referee Elloeen Oughterson and Assistant to the New York State Bar Examiner JeanPeterson. 'Focusing on a Career*included panelists discussing their own careers and prospects in those areas. The afternoon included an extensive discussion on admission to law school. Law students M arylou Clark, Buffy Burke, Yvonne Lewis, TriciaSemmelhack and Sara Steinbock participated, along with Arthui Burke, law specialist in the Placement Office, and Claudine Schweber Koren, pre-law advisor. In addition to law school attendance, alternatives to, law school were presented; Ms. Clark discussed clerking as a viable method, Mr. Burke spoke about para legal institutes and Ms. Schweber Koren discussed the programs for M.A. in Court Administration. The latter part of theafternoon focused on what happens once you're in law school. Lawstudents discussed what it's really like and allempted to point out the differencesamonglaw schools and the different types of courses available. The conference, well-attended by some 200 300 women and men, provided a vital and much-needed examination of the legalfield. - wmmamm The Opinion sadly reports the death of Assistant Professor Stephen M. Marxon Nov. 1, after a long illness. A member of the faculty since 1971, Professor Marx taught seminars in Computers and theLaw and Selective Service. Dean Schwartz emphasized the grief of the entire law school community: "In his short life, Steve Marx made a remarkable contribution to a new and vital fieldof knowledge. As aperson, he displayed a degree of courage that provided anexample for us all." A memorial service will be held Friday, November 10, in Room 110 Eagle at 12:30. All students and members of the legal communityare welcome. �Thursday, November 2, 1972 THE OPINION 2 Editorial Presidnt' Corner Money Last year, weeks and weeks were spent considering the SBA's budget. Marathon SBA sessions were held, culminating in one member of the audience threatening assaults on any person who attempted to leave the meetingroom. Tempers have cooled, and perhaps the SBA has mellowed, but this year's budget hearings have gone remarkably well. Most of the credit should go to Treasurer Bill Buscaglia and the Budget Committee: Regina Felton, Buffy Burke, John Andersonand Yvonne Lewis. The committee spent long hours speaking to representatives of the various organizations who requested SBA funding, discussing uses and possible alternatives. Several of the suggestions which came from the committee have provided for a consolidation of funds for speakers under one central committee and the setting of limits for convention expenditures. In addition, by providing for the use of a central purchasing agent, the allocations for office supplies have finally reached a reasonable level. While the committee concentrated on trimming the fat off several budgets, it nonetheless left adequate room for viable programs and creativity within the organizations. While no budget will conceivably ever be passed by the SBA without some disagreement, this year's austerity budget shows the results of the cooperation and hard work put in by this year's Budget Committee. They should be commended. by JohnHayden I am told by reliable sources that my successor may not have the opportunity to sit down every three weeks for the purpose of writing for The Opinion. The paper is suffering from a tack of support, not of money, but of the sheer effort and time that is needed lo put together a newspaper thai is worth reading. She or he may not miss the "opportunity"because SBA Presidents are fed a great deal of information and should have a good feel for what is happening; the other 600 plus law students will miss it a great deal. Next year the law students will become even more isolated from the events around the schooland their classmates. Upper class students with clerkships in down-town Buffalo and apartments in Allentown, Kenmore or wherever will have less time for the lounge or the Amherst equivalent of the Dußois Restaurant. This means less awareness of what is happening, and makes likely the possibility that student input to law school decision making will not represent the student body as a whole. The Opinion is no cure for the apathy now, and won't cure next THE by Olto Matsch t. Ralph thePure Sells Out Poor Ralph Nader! Therehe was, digging around out there in the cold, cruel world, shaking up the nasty old Establishment, harrassing all those corporate robber barons that make everything so cold and cruel, giving congressmen ratings, and generally doing so much good for just about everyone except himself, when all of a sudden, wham, Ralph sells us out to the corporate goons. No longer does he come out for the consumer, from now on it looks like he will be supporting the Special Interest Groups, theBad Guys themselves. The first of the Bad Guys to benefit from St. Ralph's blessing is the American Trial Lawyers Association. The ATLA has been one of the major Bad Guy lobbyists against no-fault auto insurance, spending boodles of money on those congressmen without Social Consciences, trying to convince them that no-fault auto insurance is a bad thing for people, especially chasers. Now, a little quiz. Which group donated $10,000 to Nader's Center for Auto Safety, and pledged to raise another $10,000? Which group was asked by Ralph to donate one percent of its members* receipts to "public interest" law firms? The president of which group wants to meet Nader to discuss how lawyers can give more of their time to "public interests" legal work? If you answered all the above with the American Trial Lawyers Association, thenyou are Right On! and smart, too. It is a relief to know that Ralph the Pure and his little groupie outfits like the Center for Auto Safely are immutable to charges or corruption, corrosion or even wear and tear, because otherwise people might even begin to suspectit. But like I said, it is Ralph that is accepting all that money, so you know he will do a good job and protect your interests for you, even if you don't contribute to his slush fund. 2. WHO IS LARRY O'BRIEN AND WHY IS HE SAYING ALL THOSE NASTY THINGS? Larry O'Brien is co-chairman of the Democratic Party, and he keeps yelping about Watergate because it's the only issue he has. Unfortunately, his contributions to the debate have served only to muddy the. waters, not to clear themup. His theory about Watergate is that thereis a vicious, viscous, verminal, foul, vile and evil conspiracy headquartered in the Oval Office at the White House, a conspiracy determined and dedicated to destroy the Democratic Party [what's left of it], the two-party system, America, the free world and the solar system by means of subversion, conversion, region, spying,prying, sabotage, character assassination, subterfuge, bribery, infiltration, corruption, collusion, treason, anarchy, chaos, poll watching, and worst of all, wire-tapping. The principal OPINION - --- -- " Volume 13, Number 3 November 2. 1972 Editor in-Chief Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Earl Carrel Sports Editor Douglas Roberts Poetry Editor Robert Doren - Rosalie Stoll Arts Editor - -- Matt Greenblatt, Ibbv Lang SBA Editor Vacant Production Manager Vacant ArticleEditor Vacant Assistant Editor Vacant - Kay Latona, Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Donleavy, Alan Synder, Jon Kastoff, Christopher Greene, Robert Rothstein, Larry Zimmerman, Peter Clark, Linda Cleveland, John Levi, John Hayden, Fred Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Buffomante, Elliot Mandel. The Opinion is published every third week, except for vacations, during the regular academic year, tt is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. Letters to the Editor are encouraged. Writers should limit their letters to 400 words. Letters are subject to editing and will be printed at the Editor's discretion. Staff RiGHT ON! —/\«\«mTT/\mT year's either, but it does provide some information to all students. We also depend on The Opinion to a large extent for our meager relations with the law school alumni. We have in past years received various kinds of support from the alumni including cash contributions to Moot Court and The Opinion. In future months we hope to develop sufficiently close relationships to enlist their help for other projects, particularly in the area of placement. Without some continuing communications this effort can not succeed. If it appears that 1 am campaigning for a forum in which to write, I am. Despite the inadequacies, the long delays between publications and the occasionally rambling and obtuse columns, like this one, we need The Opinion, but without some serious efforts from freshmen in particular we will soon see the end of it. With its demise the only means of information dissemination we have will have gone down the drain at a time when the need forit is the greatest. conspirators are Richard Nixon, John Mitchell, William F. Buckley, John Haldeman, President Thieu, the Ku Klux Klan, Ming the Merciless, Checkers, and Satan. The evidencepresented by O'Brien and his minions is that five mysterious men were caught prowling around inside the Democratic Parly HQ, that they were carrying at least one bugging device, [green M-l, for telephone] and that at least one phone at HQ was found bugged, and that these men were traced1 through a complex and sinister chain directly to the Oval Office, at least indirectly. Allegedly, of course. No motive has been eiven to explain why the Republicans would tap O'Brien's phone to listen to his strategy for losing the election, except that the conspirators are a rotten bunch, and what else can you expect from a MiCarthyite Red-baiter like Tricky Dicky, and so on. It just doesn't make much sense. An alternate solution does make sense. Suppose you were O'Brien, and you wanted to create an issue that could embarrass the White House. Suppose you then contacted one of your agents which you had planted in the Republican Party organization, and instructed youragent to convince five hirelings to attempt to tap the Democrats' phones. Further suppose that your agent was planted high enough in the Republican organization to accomplish this. The agent would then tip you off about the exact timeof the crime, and you wouldarrange for them to be caught red-handed. This solution answers several nagging inconsistencies of the O'Brien conspiracy theme.One: how did five ex-FBI and CIA agenst, supposedly experts in this field, manage to get caught so easily? Two: why did McGrovel refuse to answer reporters' questions about whether the Democrats had been tipped off about the raid by a spy they had planted in Republican circles,and refer the reporters to his attorney, Edward Bennett Williams? Three: who stands to profit the most from the affair? Four: why did the Democrats hire Larry O'Brien, a professional character assassin and master of underhanded politics to see this campaign through? This last point should be expanded on. O'Brien was LBJ's campaign chairman in 1964, and it was O'Brien who responsible for labeling Goldwater the bomb-happy was maniac (and LBJ the peace candidate), it was O'Brien who was responsible for the TV ad that depicted Goldwater blasting a little girl in a flowery meadow with a nuclear bomb. O'Brien was Edmund Brown's campaign chairman in 1966, when Brown was defeated by Reagan for the governorship of California. O'Brien was the one who was responsible for the campaign tactic of comparing Reagan to John WilkesBooth, on the basis that both were actors, especially in black districts. If my theory about Watergate is true, then Larry O'Brien is the perfect choice of the Democrats to perpetrate it. The Watergate affair raises many serious questions about the role of political sabotage and espionage in modern campaigns. If O'Brien wants to contribute to the solution of the problem, he can start by acting sanely, objectively, and stop the innuendos, the unbased allegations, the slurs, the smears and the hysterical mud slinging. In the meantime,he can stop bugging his phones. 3. LAWYERS IN THE NEWS The trial of Horst Mahler, a lawyer and a leader of the Baader-Meinhof gang, began in Berlin in early October. The gang, which calls itself the Red Army, is a terrorist organization and its members are charged with bank robberies, kidnappings, arson, bombings and murders. Mahler opened his case in the now drearily repetitious style which communists under trial in the west normally affect. He began with a history of the reactionary, counter-revolutionary, death-oriented socialist movement from 1871 to the present, and with defiance of the court: "The accusations will fall out on their originators .. International momopoly capitalism is the largest criminal association in existence ... We need armed struggle by the whole people, led by the Red ARmy group. This war is a world war. The Red Army group lives, the war goes on." The drivel was endless. Six more of the Red Army will be brought up for trial in November on similar charges. It is anticipated that Kingman Brewster will shortly issue a declaration that because of the racist nature of German society, he does not believe it possible for an Aryan to obtain a fair trial in Germany. Meanwhile, in Moscow, Lev Smirnov was appointed as chairman of the USSR Supreme Court. Smirnov learned his courtroom technique as a prosecutor during the Stalin purge trials of the 19305,and polished them to perfection in the "espionage, sabotage," and "counter-revolutionary" trials during the late 1940's and early 19505. Smirnov became famous as a judge during the 1966 trial of Yuli Daniel and Andrei Sinyavsky, who were prosecuted, for claiming that they were entitled to the rights of free speech, free worship and other rights "guaranteed" by the Soviet constitution, Smirnov's bias and contempt for the law during the Daniel-Sinyavsky trial was even commented upon by Soviet publications. Smirnov's promotion is considered by observers to indicate that the Kremlin regime intends to crack down even more harshly upon Jews, other restless ethnic groups such as the Crimean Tatars, and any other dissident, i.e., freedom seeking, . agitators(Alexander Solzhenitsen?). Back in Buffalo, infamous garbage-mouth lawyer William Kunstler, speaking before a college audience, declared that taking hostages was a legitimate form of political protest. He was not asked if that constituted a waiver of liability for anyone that might want to take Kunstler hostage. �Thursday, November 2, 1972 THE OPINION LALUMNI INE by Earl Carrel Judge Dembitz Addresses Law Students Recently I had a conversation with John H. Gridley, president of the Law Alumni Association. Mr. Gridley spoke of his interests in developing the programs of the Law Alumni and of greater cooperation between the Alumni and the school. Mr. Gridley feels that he would like to see a continuation and expansion of the clinical and legal services programs at the Law School. He especially would like to see the jail services programs develop and hopes that the bench and bar of the Buffalo area will continue to give these programs the support necessary to make them important parts of the local legal community. In addition to programs for inmates and pre-trial detainees, Mr. Gridley would like to see a program developed to help the indigent, law abiding citizen, particularly the elderly. "These people are so tied up with minor problems which to them seem major that they cannot deal with their day-to-day problems," says Mr. Gridley. He feels that some sort of clearinghouse operation in conjunction with the School of Social Policy and Community Services should be established to help these people. In regard to the clinical programs, Mr. Gridley foresees a more active role taken by the Alumni. This may include advisory panels of local attorneys who would help the students in the clinical programs with problems which arise out of their assigned problems or duties. Perhaps most important, though, is the establishment of regional alumni groups. Mr. Gridley is particularly interested in developing the U/B Law Alumni Association in the New York City-area. Especially during the last 10 years, the alumni of this school are coming more and more from the New York area. Mr. Gridley would like to see some of the youngergraduates take a more activerole in Alumni affairs. A final area of concern to the alumni president is placement. This has not been a strong point of U/B and Mr. Gridley is interested in comments and suggestions from Alumni about the problems of placement. Herma Kay: Divorce Law 3 JudgeNanetteDembitz, Candidate forCourt ofAppeals "I'm constantly being asked by reporters if I am a strict construe tionist or a liberal constructionist," said New York City Family Court Judge Nanette Dembitz. "I'm a fair-minded constructionist or a reasonable constructionist or a realistic one," she offered in reply. The Democratic candidate for the New York Court of Appeals, which has never seated a woman, spoke to an audience of over 200 persons October 19 on the DistinguishedVisitors Forum. M s. Dembitz explained her position by describing two decisions which have been interpreted both strictly and liberally. The first was an opinion of hers in Family Court, ordering expungement of a police arrest record. This opinion went against the trendof New York courts, she said,and the issue will have to be decided by the Court of Appeals. Judge Dembitz explained her decision on the basis of the intent By Dianne Graebner of the legislature in prohibiting the expungement of the record. "The statute was to make sure the employee wouldn't be careless with the record, and allow the material to be expunged without proper consideration. It does not seem to be the purpose of this statute to limit the power of the court." The practical issues involved here include "the question of due process, the presumption of innocence until proven guilty. Injury is inflicted by the state in connection with private agents." Where a person is arrested and the charge is then dismissed, she said, the injury caused by the record can "border on defamation." She cited the leading case of an FBI candidate who was arrested at 13 for attempted sodomy; the charge was later dismissed as being a matter of neighborhood spite. The arrest record, she concluded, "is a clear handicap." JudgeDembitz also noted that "public safety is not served but rather is disserved by thisrecord." Police use these files for looking for suspects and the kinds of persons involved in these dismissed cases lead the police away from real leads. Ms. Dembitz's second example concerned the Family Court's power to dispose of a case such as one of assault or disorderly conduct which would ordinarily go to criminal court. "This is one area where we do a goodjob from the social standpoint," she said. "Our decisions are constructive and helpful." The Court of Appeals has held that the Family Court cannot handle cases where the couple is not legally married. The higher or household" should be preserved, and that allowing Family Court's procedures of conciliation for informal or illicit relationships "would confer the privileges of family court services on a relationship the legislature has chosen not to recognize." Some of the adverse effects of this decision, she noted, are more crowding in criminal courts and no consideration for the children ofthese relationships. Judge Dembitz cited a VS. Supreme Court case which she asserted was counter to the New York decision. In an opinion written by Judge Powell, a Louisiana Workman's Compensation Law that did not allow unacknowledged, illegitimate children to recover in the event of the father's death was held invalid. Powell's conclusion was that "people will not shun illicit relations because their offspring will not reap the benefits of Workman's Compensation." The analogous situation holds with Family Court's work with "informal" households. Ms. Dembitz concluded by commenting on the State Bar Association's labelling of her as unqualified. Petitions decrying the state group's action have been circulating in law firms and elsewhere in New York City, said Judge Dembitz, who has been active in appellate and civil rights litigation for more than thirty years. Shenoted that six otherbar associations, including that of New York City, had found her fully qualified, and that the state association, which gave her a brief interview, was the only group to label her "unqualified." court held the "family Appellate Practice , by Dunne Graebner "There is a tendency today to lose sight of the tremendous part oral advocacy has played in the by Professor MarjorieGirth law," according to Hon. James 0. Moore. "It's pretty much a unanimous feeling among appellate judges that a good oral argument is of tremendous Professor Henna Hill Kay, of help in theultimate decision of the case." Boalt Hall at Berkeley, visited the Judge Moore, who has had years of appellate law school for several days during experience, emphasized the importance of the oral week of October 16. While in the argument as he spoke October 12 on "Appellate Buffalo, Professor Kay gave two Brief Writing and Argument," sponsored by Moot presentations on the subject of reforming laws concerning family Court. relationships. On Tuesday, The speaker had many suggestions on brief writing, too, such as the lawyer's responsibility to October 17, she met with the keep a good record of the trial and to know his listening to oral argument, explained Judge Moore.) students in the seminar on record well. He also encouraged lawyers not to cite In suggesting an outline of an argument, Judge Women's Legal Problems to discuss too many cases in briefs. "If ona point you've got a Moore started with a statement of the type of case questions which remain good one, cite that one." The Harvard Law School and what the court below did. This is followedby a unresolved, such as: who shouldbe alumnus noted "more and more law review articles statement of the facts, which he emphasized, should allowed to marry? (People of the of are of interest to appellate courts, and they should be made "with clarity and candor." Since the facts same sex; Multiple members a already have been decided below, he said, the be cited more than they are." group?) How can "joint The New York Supreme Court judge explained appellate court expects the lawyer to make management" of marital property lawyers they nervous when concessions. "A great appellate advocate, when he that even experienced are be effectuated? What standards get up before appellate courts. The audience of gets done stating the facts on appeal, can almost sit should be used to determine the judges, however, is "captive and receptive You down." custody of childrenafter a divorce? The argument then should cover the applicable know a lot more about it than they do," he said. The following day Professor from law of the case. 'Take one or twogood rules of law They "They're things you. there find to out Kay analyzed the legislative history want from you what Holmes used to call 'the working for you and work on those. Forget the of California's divorce reform law other points in the brief," he said. implements of decision.'" before a group of faculty and Judge Moore's one "cardinal rule" was not to Since all the points in a brief cannot be covered students meeting during the allows a court togrant a divorce if one's own brief. And,he added, "you're Provost's Hour. She stressed the there are "irreconcilable in an oral argument, Judge Moore suggested read from there paraphrasing your brief, but to importance of paying attention to differences" But Professor Kay concentrating on the one or two basic issues leading not just up and arouse interest in the point you're the particular combination of emphasized that there is still no to judgment. He noted that the slants of particular excite bringing the court." to by judges lawyer dealing be divorced and whether the was with a individual personalities who are way for people to The oral argument, concluded JudgeMoore, "is expressed in an "hot" or "cold" bench were relevant to the kind of engaged in suchan effort, because mutual consent reform does not occur in avacuum. agreement without the argument he mounted. ("Hot" and "cold" refer to a highly personal experience and a challenging read thebriefs before intellectual task." whether or not the judges have In California the reform legislation intervention of a court. . �Thursday, November 2, THE OPINION 4 Studio Arena POVERTY II by Liiri Carrel At the graduate and professional levels, financial assistance is rendered primarily through scholarships, fellowships, assistantships, and student loans. The money for these forms of financial assistance is made available through (he federal government, University resources, and the State of New York. and The principal loan fund available to law students administered by the University is the federally-sponsored National Direct Student Loan. The amount the student receives is determined by computing need and the availability of funds. Applications lor 1973-1974 NDSL money will be available through the Office of Financial Aid in December, 1972, and must be submitted to that office no later thanMarch 1, 1973. New York Higher Education Assistance Corporation Loans are available to both full-and part-time students. There is normally ina $1,500 maximum, but this can be increased to $2,500 circumstances where high expenses and unusual need exist. The loans are processed through a lending institution in the student's home community and the best time to apply is during May or June for the following academic year. Additional details maybe obtained from the Corporation, located at 50 Wolf Road, Albany, New York 2205. This Guaranteed Loan Program is open only lo New York State residents. The Office of Financial Aid will, however", provide the names and addresses of agencies which administer guaranteed loans for legal residents of states other thenNew York. New York residents are also entitled to benefits through the Scholar Incentive program. Theseawards apply only lo tuition and are based upon the- previous year's New York State taxable income. The minimum award is $100 per year and the maximum is $600. Application should be made to the Regents Scholarship and Examination Center, 99 Washington Avenue, Albany, New York 12210,before July I, for the following academic year. If a student receives the maximum award under the Scholar Incentive program, he becomes eligible for a State University Scholarship which will provide the remainder of the student's tuition. In order to receive the State University Scholarship, a student should apply to the Office of Student Accounts after receiving notification of the Scholar Incentive Award. Work-study may also be available to students on a basis of need and available funds. Information can be obtained through JohnDick on the 11 th floor. Also part-time jobs, some law-related, some not law-related, may be available. Tom Hurley is the person to see in this area. A note of caution should be mentioned. Some students do not realize that not all funds are scholarships and often fail to comply with repayment schedules. Before you take out a loan, whether governmentally funded or privately, become aware of your responsibilities for repaying that loan. A little checking now can prevent a lot of problems later. More information about any or all of the financial resources mentioned in this series may be obtained from the Office of Financial Aid, 216 Harriman Library. Phone 831-3724. 1 Notes by Kay Latona from OBITER DICTA, Osgoode HallLaw School, Toronto, Ontario 8/28 A province-wide referendum sponsored by the newly-founded Ontario Federation of Students will be conducted on alt university campuses during October, to enlist support for a massive fee strike in protest of the increase in tuition announcedlast spring. The two-dayreferendum will consist of a moratorium involving mass meetings to enable students to update their information, and to vote on the proposal. Should the results favor a strike, students will be asked to participate in a partial fee strike by withholding their second installment of tuition in January to protest theincrease. "The government, however, still holds the commanding position in the dispute, since no student will receive the remaining portion of his student award until his secondinstallment of tuition feeshas been Frown rights, has grown to 200-plus members, nearly evenly divided between attorneys and non-attorneys. WLDF functions largely through volunteer-staffed committees, which screen cases and find attorneys to handle them, provide counseling, publicize wumen's issues, and so on. The president is a woman partner in a public interest law firm in D.C. The Board of Directors includes a lawstudent. The WLDF handles for free such cases as: an action by area clinicsand doctors to enjoin new regulations for abortion clinics from going into effect in October. employment discrimination cases including a women denied promotion in the armed services; professional women denied advancement at the National Institute of Health; discrimination at the staff level of the Communication Workers of America Union; job segregation by a retail food chain; height requirements for paid." U.S. Park Police jobs. It would be interesting to see the an action for damages from a Virginia School Board by a woman forced results of such a strike. to leave high school three months before her graduation because of pregnancy. GEORGETOWN WEEKLY, LAW from Georgetown University Law Center, from VIRGINIA LAW WEEKLY, Washington, D.C 9/27 University ofVirginia Law School 9/22 The Women's Legal Defense Fund, an In a surprise move, the Law Schoolhas organization founded last year to advance instituted a new grading system. The H and women's status and vindicate women's the have been replaced by the A and the - - * 1972 With Us openingproduction, a glittering revival of the Jerome Kern musical ROBERTA, playing to sold-out houses and rave reviews, Buffalo's Studio Arena Theatrehas released details on its entire 1972-73 season. A blend of world premieres, New York hits, and musicals, the season offers adventure in threatre going for every taste. Series tickets for all eightproductions are stillavailable for as little as $27.00 at the Studio Arena box office, 681 Main, Buffalo, 856-5650. In keeping with Studio Arena's policy of discovering and encouraging important new American playwrights, executive producer Neal Dv Brock is now casting in New York for November's world premiere of two hilariousand unsettling one-acts by John Tobias SITTING and THE SAVING GRACE. Leland Ballwill direct. A production of the musical PETER PAN ( the version that originally starred Mary Martin) will be presented in December. January will feature a second world premiere, A BREEZE FROM THE GULF by Mart Crowley, author of THE BOYS IN THE BAND. This new drama will be mounted in association with Broadway producer Arthur Whitelaw and is scheduled to open in New Yorkafter Buffalo. - The 1970 PulitzerPrize play NO PLACE TO BE SOMEBODY, a funny, harsh, sardonicmelodrama which won highest praise from New York critics, will be produced in April. The Theatre will wind up its eighth season with a hit rock musical still playing to packed houses in New York. Elsewhere +. The experiment with the former grading system, instituted in response to general dissatisfaction with grade-point averages and class ranking, came up for reconsideration last November, and a student-faculty sub-committee of the Educational Policy Committee was appointed for that purpose. "In a memorandum to the faculty, the sub-committee detailed two problem areas in the Honors grading system. Of primary importance was the division point between P and HP, which the guidelines placed in the middle of the bell curve. Thus, there was a minimal distinction between those students in the high Pass category and those in the low High Pass category."(Got that?) The new grading system will place the top of thebell curve into one gradation (B) rather than dividing it in half. (How are the mighty fallen!) "There will be no numerical equivalents, grade-pointaverages or class ranking. The only synthesis that will occur between the old grades and the new will be for the matter of exclusionary points. The D will be the equivalent of a U+ and will merit one exclusionary point; the F and NX equal U-, all worth two exclusionary points." Linda Howard, president of the Law School, said that even she was unaware that a new grading system had been instituted. from THE COLUMBIA LAW SCHOOL NEWS, ColumbiaLaw School 9/25 "Four third year Columbia Law students, organized as Public Action to Protect Environmental Resources (P.A.P.E.R.), have taken on two of the nation's largest paper companies in a consumer protection effort of a new type which may have a significant impact upon environmental and consumer protection law and corporate responsibility. filed a "On May 12th the students seventy-five page petition in which they Commission to urged the Federal Trade issue complaints against the St. Regis Paper Company and Potlatch Forests, Inc., based on the companies' alleged unfair advertising and environmental practices. The institution of proceedings culminated a year's intensive research and writing. P.A.P.E.R. was formed following the students' first year at law school. "In an accompanying letter to FTC Chairman Miles Kirkpatrick, the group urges that 'Polluters must be put on notice that they can no longer hide their pollution behind million dollar public relations campaigns and blatantly deceptive advertisements. Full disclosurewould allow the public to vote with its dollars by purchasing only from companies which do not pollute the water they drink or wish they could swim in.'" Will the Truth get equal time? .- �Thursday, November 2, 1972 THE OPINION F.S.R.B. Amherst, Here We Come by I-Him J. Mandel An old undergrad psych professor once told me according to informed sources. The simple fact is that the way to conquer a fear is to identify the that the powers that be in Albany have allocated so basic causes behind it. This article attempts to serve much space to the law school, and amazingly as the basis for a beginning a meaningful dialogue to enough, all the allotted space is in the new, still help resolve the basic negativism that prevails in the nameless, building. If the State does not increase the Law School towards the impending move to space allocation for the Law School, and somehow Amherst. Eagle Street is retained, it will necessarily result in a First a little background reduction of our space in (he Ainherst building, on Let's face it the present facilities for the law the theory that such programs need only one office. school have to rank as probably some of the worst in Secondly, the fact that for the first time in its the country. Cramped, hoi, sticky, coupled with the history, the Law School is to be located on the main lack of library space; the need for new facilities was campus of U.B. raises new problems. Because of the imperative several years ago. construction schedule, the law building (and its As early as 1960, it was recommended that the library) will be the first academic facilities law school move from its Eagle Street location to the completed. At the same time, 2,800 dormitory Main Street campus "as soon as it was financially spaces will be filled. The question is yet to be possible to construct a new building." What with the resolved whether the Jimited facilities of the Law impending State takeover, such plans fell to the School will be further strained by undergraduates, bottom of administration minds. who, of necessity, will have to utilize the law But with the expansion of U.B. into a University building. Center, and the concept of a "new campus," the Further, a great deal of the Law School's drive for new facilities was begun anew. Faced with present relationship with the main campus can be the choice between continued existence downtown, characterized by the word "independence."They go or out to the Amherst swamp, the choice was made their way, and we have gone our own. No one has for the promised land. Coincidentally, the Faculty of yet defined whether the Law School will now be Law and Jurisprudence was created. With the new brought fully within the system ofU.8., whether the name came an interdisciplinary approach to the law campus facilities will be available, unlike now, taught to both undergrads and the professional without additional fees. Further, many people fear students. that the sometimes explosive atmosphere of the What do people fear about Amherst??? First and undergraduate world might begin to permeate the foremost, is the isolation from downtown. As the Law School. Finally, the Law School must decide where its years progressed, the Law School started to assume its rightful position as a leader in innovative priorities lie. Much talk has been bandied about Prisoner Release, Legal concerning the increasing number of undergraduate programs in this city Observers, Prisoner Counseling, as well as increased courses taught by our Faculty members. Is this to clerking. The physical fact thai Amherst is seven happen without a proportional expansion of the miles from the downtown area will necessarily Faculty, or will our course offerings suffer? The impose a hardship on those that in one way or question must be decided whether the first another partake of the clinical programs, possibly committment of the Faculty of Law and eliminating some students from the program if you Jurisprudence is to the professional program. can't afford a car, and hampering others in their Further, the Law School, apart from the first participation because of traveling time. Secondly, it decision, must decide if we will continue to move is possible that the effectiveness of such programs toward the clinical approach, given the problems of will be called into question by the fact that ai distance from downtown. Finally the Law School present there is no intention to retain-office space must decide if new programs will be added at the downtown for any of the present (or future) clinics expense of old ones. .. - Grievances often arise in a school of 600 students, and the most frustrating part of a complaint often occurs if there is no viable method of airing and resolving it. The Faculty Student Relations Board was established three years ago to fill thisvoid at the Law School. The FSRB is empowered and required to hear all grievances concerning the entire spectrum of law school life from whatever source and to take prompt action in the relief of the same. Remedies may be fashioned, so long as the action does not infringe on the established jurisdiction of the SBA, Board of Directors, faculty or committees. In addition to the important, grievance power, the FSRB is 'Empowered to investigate, research and make recommendations on any phase or problem of school life, providing this function is not being performed by another committee.' Primary importance and consideration is given to problems raised under the grievance procedures and governmental reorganization. Students with grievances and complaints are urged to contact the FSRB as a first step in the rectification of their problems. In the past a complaint had to be formal, but under new rules, a complaint may be informally made. A great deal of the committee's time has in the past been devoted to the conduct of the course and teacher evaluation, SCATE. The SCATE results for courses taught last spring and last summer have recently been released by the FSRB and copies of the results are on reserve in the library. - The FSRB itself consists of eight members four student and four faculty with equal power. The Chairman is Professor David Kochery, Vice Chairman, student Olney Clowe, and Secretary Professor Daniel Steinbock. Other members are students Michael Berger, Judith Kampf and Hazel Warnick and faculty members Patrick Kelley and Louis Swartz. Student members are elected by the student body in the spring of each year and the faculty members elected by the faculty's Committee on Committees. AH four of the student representatives are seniors, but they are anxious to explain the functions of the FSRB to any freshmen or juniors who are interested in working with the committee in the future. Students and faculty are urged to remain aware of the existence of FSRB and its powers and responsibilities. It remains an important and viable avenue open to all students. Any person wishing to officially communicate with the Board should address himself to the Chairman. — 5 - - Summer School in England by Jack Gutkin choseBritish professors and rather enjoyable to relate and listen to. enjoyed them. Texts were used in Theprogram itselfis six weeks long The College of William and Mary place of casebooks and lectures with standard examinationsat the University the program at of largely predominated over end of the semester. The workload Exeter discussion though there was ample is average though many students opprotunityfor questionsand even seemed determined to get by on To begin with, in no way is this casual conversationabout why the less then they normally did. I an advertisement for going to coffee was late and what British imagine thatmost did. The students were from allover summer school. If I hadn't weather was all about. The campus committed myself in energy and was literally out of Thoreau (rose the United States but were largely from the south. The atmosphere money I would surely have just was quite friendly and attitudes enjoyed myself rambling about were generallypositive. One could the Isles. The summer is for surely mold theexperience to meet digging oneself and doing little to one's own likings and it is surely didn'thave bad still, a nothing I preferable to attending a summer experience at all and this is what law school in the states. The cost, it was about: for tuition, room, and board, is The College of William and about $550, not including travel Mary has for a few years now expenses. In closing, let me been conducting a summer law mention one problems forstudents school program at the University interested in entering the New cathedral of Exeter. Exeter is a York State Bar: theprogram is six town and the locality as well as weeks long and the New York the university was all rather Court of Appeals requires eight quaint and enjoyable. The weeks so that in order to receive single bushes and liveable dorms such that ,111 angement is one registers as if one were a studentat rooms with accomodations for credit one must, in addition to the College of William and Mary married students). Classes were receiving facultyapproval, petition (fully accredited by the American over for all by lunch time. Food, the Court of Appeals for credit. 1 Bar Association, etc.) and studies for all the complaining, was did so and expect the approval, in a program conducted at the adequate; and living a minute from though long in coming, to be fairly facilities in Exeter. Many William classes made for plenty of timeand routine. For further information and Mary professors come over to a generally casual atmosphere. The write: The Summer Law School share the teaching load with a locationis a good starting place for number of British professors. Since touring the south-west of England Program at Exeter many advantage available and students took The College of William and information is weekends.Mostall of the Mary Dean Richard Myren of SUNY Albany School of Criminal beforehand, one has a choice of of this on Williamsburg,Virginia American or British style courses. I local people are quite nice and Justicespoke before the Facultyon careersin criminal justice. - - �Thursday, November 2, THE OPINION 6 1972 Food for Body and Soul LAW STUDENT Dining GOES TO CONCERT: This recipe for Torta Tropical de Mexico is incredibly fantastic. Try it, you V like it. TORTA TROPICAL AL MEXICO 6egg whites Yl teaspoon cream of tartar V* teaspoon salt 114 cups sugar 1 teaspoon vanilla extract 1/3 cup pine nuts Vi cup candiedcherries, cut in small pieces 1 cup heavy cream, whipped Preheat oven to 400 degrees F. Beat egg whitesuntil foamy; add cream of tartar and salt. Continue beating until egg whites stand in soft peaks. Add sugar gradually and keep on beating until egg whites are very stiff. Add vanilla. Lightly fold in pine nuts and cherries. Butter an 8-inch spring form pan; pour in mixture and place in oven. Turn off heat immediately and leave torte forno less than 12hours in oven. Be sure not to peek. Remove from oven and release from spring pan. Cover entire torte with whipped cream. Decorate by sprinkling over a few of the pine nuts and cherries. This torte may be varied by using lA cup finely shredded coconut orlA cup well drained,crushed pineapple in place of the pine nuts and cherries. It can also be made plain and served with lightly sweetened crushed fresh fruit. Serves 8. BEEF SLICES IN WINE 2 lbs. flank steak V* cup butter 2 cloves garlic, crushed Vi tsp. salt V* tsp. dried rosemary leaves Va tsp. djifcd basil leaves % tsp. dried oregano leaves 1 can (8 oz.) tomato sauce 1 cup dryred wine M Ib. fresh mushrooms, thinly sliced 1 tbsp. flour 1 pkg. 8 oz. noodfes 2 tbsps.choppedparsley Trim off excess fat, cut steak crosswise into diagonal slices V* inch pour off drippings. Add garlic, and thick. Brown both sides seasonings plus wine. Put meat back. Simmer covered and stirring occasionally about t hour or more. In small bowl combine 2 tbsp. four and beef drippings, mix well, stir into beef mixture until thickened. - SEES LIGHT IN BALCONY by JohnS. Levi Buffalo, land of enchanting contrasts, offers its is a fine one, but its limits are sharp. The solos were residents an amazing array of entertainment, not the not always certain of theirdestination, either. My other beef with Thomas' Fifth lay in the least of which is its Philharmonic Orchestra. While the Sabres were whomping Atlanta on October 21, horn section, which was unusually strident. Too and the Braves were demonstrating that professional many conductors drown out the horns, thus losing basketball has yet to come to Buffalo, Michael vital melodies throughout the piece; Beethoven's Tilson Thomas and his plucky band of musicians horns sound the attack, and carry the battle, engaged in some heavy battling withBeethoven, the especially in the fourth movement. But Thomas Napolean of music, from which both emerged failed to modulate his brass; often it overwhelmed more important sections. Overall, however, the bloodied but unbowed. The evening began innocuously enough with conceptualization of the symphony was excellent; "The King Stephen Overture," opus 117, a rather the gap between thought and expression, difficult to minor piece with more strains of Verdi than Ludwig overcome. The other pieces on the program were Van running through it. Although composed in 1811, this operatic throwaway is closer to the Firs! unexceptionable. An Elegaic Song, opus 118, added little to my knowledge of Beethoven, except perhaps Symphony than the Seventh, written about the same time. It is pleasant enough, but lacks the bite of that he'd been to a funeral or two in his day. The chorus was properly doleful. The final selection, the Beethoven's serious efforts. The first half of the program closed with the Fantasia in C minor for piano, chorus, and orchestra, is an interesting work whose place in academia and Fifth Symphony, which is seldom played despite its stature; and with some justification, for theFifth is a place in Beethoven's music are roughly parallel. A piece of gripping passion, requiring total direct forerunner of the Ninth Symphony which was concentration and involvement from artist and written in the rush of pieces between 1806 and listener alike. It sweeps one along from the opening 1812, the Fantasia features improvisation-like statement to the final glorious climax in one great pianistic ramblings, dutifully reproduced by Stephen wave of continuously developing thought. Long seen Manes of the U.B. Music School, and the first as a metaphor for the interrelationship of man and exposition of the form of recurring themes which Fate, the Fifth creates a suspense in the opening bars the composer was to use best in the Seventh and which builds inexorably, pulling the listener into its Ninth Symphonies. The work of the soloists was good, and the chorus performed well. vortex, until Light explodes in the ear and mind. Because the successful performance of the Fifth Those who knew Beethoven came away from depends so much upon thiscontinuous development the concert hall feeling unsatisfied, and perhaps of suspense, timing is terribly important. A slow first uneducated, but undoubtedly agreeably approached movement will dissolve into mush, in which nothing by Thomas and his music. For newcomers to the can grow, while too fast a beginning creates an composer's realm, the experience must have been intolerable pace. In addition, phrasing is crucial, for somewhat intimidating. I look forward to Mr. the music will collapse like a punctured balloon if a Thomas' further investigations into Beethoven's solo is rushed or drawn out. Beethoven showed little works; Beethoven remains the same no matter how regard for the average performer throughout his interpreted, and Michael Tilson Thomas is a worthy and intelligent interpreter. work,and the Fifth Symphony is no exception. Thomas' Fifth was a success and a failure,rising Coming attractions: October 28 & 31, French at times to heroic heights, but also collapsing occasionally, as if suddenly perceiving the altitude. music featuring Debussy's La Mer and works by He began fast, and maintained an excited tempo Messaien, Berlioz, and Mouret. November 12 & 14, throughout, but the urchestra was not always up to Russian wierdness starring Night on Bald Mountain; his energy. Especially when the music pauses after a Shostakivoch's Cello Concerto No. 1, with soloist furious Hight. one could feel the tempo shift, as the Stephen Kates; and Tchaikovsky's Second players once more followed thebaton. The orchestra Symphony. Michael Tilson Thomasconducts. p stuhpEoRt hilhaRmonic .. "TottS THE ENVIRONMENTAL CRISIS THE ECONOMIC SOLUTION by Robert Doren Oh, yes, if I had been asked And guess 1 did say with others I did agree. But that was with all the words. .. I've been toldit was necessary good ofall And future children For which we sacrifice You see, they said they couldn't do it; Not even science had the answer I wonder; I think it's the numbers that did. I' c been hearing screams of thousands For solutions that exist, Lost it be too late And the suburbs are filled But the whys matter little now And I don't hear the screams for my solution And I know that exists. For the But I know that isn't fair; They, too, use my air and water. But they are not with me And I stlß hear their screams. But everyone justreally hears words. I'll look up and see blue sky; I'll drink clear water and eat clean food; If I can buy it... I lost my job. j I Yes, I confess I missed Torts today. But it was a sunnyl day, albeit cold. And there was the promise of listening to i| new version of the 6th. There was the weekend to thinki about. And the memories of the glorious trees along the! turnpike, on such a crystal yesterday the colorsmade me| think of nature as god lingered on and on and eased down,| a patina of serene on my mind. So I stayed home and' - polished it. BOOKREVIEW — lA\ I Law professor Thomas Rickert, together withRobert M. Diamond, An Introduction to Commercial has recently finished the test Paper edition of a programmed Test Edition by Thomas Rickert introduction tocommercial paper. andRobertDiamond To students to whom the idea of taking a semester course on pleasant negotiable that's instruments seems to A law book read?With(gasp) drawings??? unbearable thisbook is the answer. �Thursday, November 2, 1972 THE OPINION BUildNGEWNOTE The new Faculty of Law and Jurisprudence building should be completed in December 1972. Equipment will be installed and the building should be ready for occupancy in May 1973. Access roads and parking space should be available shortly thereafter so that we will be able to relocate to the new building during the summer. We plan to commence moving the law library during the week of May 22, 1973, immediately following final examinations. The Bell Plant and other off-site storage will probably be moved first, followed by the Eagle Street library, probably during the week of May 28. The Prudential Building offices will probably be moved during the week of June 4. We anticipate that the Eagle Street library collection will be unavailable for a week to ten days during this period. Accordingly, faculty should plan research assignments and students should plan research work around this schedule. The Prudential Building offices will be our of operation for about two to four days while we are in the process of packing, moving, and unpacking. We plan to hold summer session classes on the Ridge Lea Campus. This schedule has been reviewed and approved by the Librarian, by the Building Committee (Professor Newhouse), and by the Budget and Program Review Committee, all of whom concur in the judgment that this is the most desirable time to effect the move to the North Campus. Comments and suggestions are welcome, as always. 7 Huddle Sports by Douglas G.Roberts Where have you gone, Alan Synder? A squad of close to 5000) that something was not right. "What bewildered Shysters futilely pled with the football is wrong?" Mrs. Solomon, the mother of the team's god,Pigskinus, to send them down a replacement for stellar linebacker asked Councilwoman Alfreda the coachhis charges lovinglyrefer to as "The Man." Slominski. It soon became apparent to everyone of Pigskinus, although fully aware of the Earth-bound sufficient intelligence (and to Mrs. Slominski, as Shysters'dire predicament, demurred. His reply, sent well) what was wrong. Coach Snyder was nowhere to through his special emissary, Crazy Legs Kissinger, be seen. And worse still, nobody had any idea where was simple. "No mere mortal can replace Synder." he might be. Frantic calls were placed everywhere With the denial of certiorari by the Supreme around the city. Even a call to the Stage Door on W. Court of Touchfootballland, the Shysters were left Chippewa St. proved to be futile. When the whistle called for the start of play, the to take on the league leading Eagles without their peerless leaderand molderof men, Al Snyder. Shysters wanted to forego any attempt at trying to Snyder's drill sergeant methods coupled with his play without Al. When indications seemed to point moral turpitude and even-handed handling of his to a forfeiture, little Don Haight asserted his 53" troops enabled him to extract every last ounce of frame and, in his distinct high pitched d voice ability out of his talentless group of incompetent shouted, "Let us never forget what Coach Synder plodders. The mere mention of Synder's name said to us in training camp 'A winner never quits around the league evokes near hero worshipping and a quitter never wins'!" response. Probably the Supreme compliment ever Inspired thusly, the Shysters went on to the paid Snyder was made by Wally, the team captain of field to win this on for the Snyder. the Gay Receivers who said simply, "Oh, gosh, we all The final score was Eagles 28, Shysters 6. love him." Contacted at his Lackawanna penthouse that The day of the Eagles-Shysters game dawned night, Snyder told this reporter thathe could not be bleak and ominous. Snow clouds flickered overhead present at the big game because he had to attend a as the thermometer was hard put to make it past the Marino Bar Review Course meeting. freezing mark. But the temperature and the Come now, Mr. Snyder, where do your priorities - unfavorable weather conditions had little effect on lie? the Shysters. They knew that if Coach Snyder willed it, the sun would come out and the temperature Anybody wishing to form a mahjong team to would soar. Ah, it was an eager, confident band of mad dogs that assembled in frontof Clark Gym for represent theLaw School in the B 'naiB 'rith Tuesday what Rick Azar had termed the "game of the night league, contact Harvey WaMheimer at decade." 837-0874 or leave a note at locker 254. League As gametime approached, however, it became contests will be held in the Cheektowaga Senior apparent to the crowd of onlookers (numbering Citizens Centerat Waldenand Dick Roads. AMTOWAGA by Lucius Q. Paddlefast NON-VIOLENTHI-JACK AT GRIMETOWN AIRPORT. ARCHIE BUNKER ABDUCTED BY LAWSTUDENTS. The Grimetown International Airport was the scene today of the first non-violent hijack in history, as a group of students from the Grimetown Law School took control of the campaign plane being used by Archie Bunker. The students demanded that the plane be flown to Washington, D.C. so that Mr. Bunker's credentials as a candidate for President of the United States could be passed upon by the Supreme Court. At approximately 3:30 p.m. today, Bunker's plane "BIGOT I" had just touched down on the runway at the Grimetown Airport usually reserved for visiting dignitaries, when a compact knot of young law students emerged from the airport control tower building and ran forward in phalanx order. Bowling over assorted press personnel and admirers of Mr. Bunker, who had turned out to welcome the candidate of the Entrenched Interests Party in his first visit to Grimetown, they rushed up the plane's gangway and forced their way on board. All the students were waving copies of Blackstone Law High Summaries or reprints of recent decisions of the State of Bench. As luck would have it for their cause, the pilot easily BIGOT I was a law school dropout, and he was overpowered by the irrefutable logic of the screaming, shouting law student hi-jackers. The pilot was convinced that justice demanded that he should fly Bunker to Washington, where the Supreme Court could investigate the charges recently levelled against the candidate that his thinking is unconstitutional. As the BIGOT T sailed off in the wild blue yonder, a parachute was dropped by the hi-jackers. It carried a sign reading: "Don't Vote for Bunker." committee Stuart Stutter, head of the local reception furiously that for the ill-fated Bunker visit, protested been irreparably Grimetown's national image had besmirched by the hi-jack. he vowed, "I won't stop stuttering and sputtering, been caught and "until those book-waving renegades have first brought to jastice for this heinous act. This was the have would opportunity my fellow-citizens of Grimetown fools blew it had to see Archie Bunker in person, and those for all of us!" . 27. Worked during law school. 31. Onto. 34. Down with (Ft.). 36. Famous fiddler. 37. Fissure. 38. Twenty. 47 Swi 39. Hawaiian goose. s F(sh 40. Defense group. 54. Wynken,Blynken,& Nod.Le. For Tear that. 56 Mfs chap]ifl 42. Outcast. 57. Mr. DiamoAd. 43. World Serieshero Gene & family. 58 chud s ha( 45. Stock market term. 59. AncientArabian measure. 46. Its the 60. Persia. 61. Rescued. 62. Windsor,i.e. 63. Refuse. 64. Winter vehicles. 65. WWII act(Brit.). ANSWERS TO NO. 2 , 41. __ — |— ITjßffflißß Mmc V r 11 i,,i iiii ZH l , li,l Mr L ■ ■"IHiEldiEli ™m 1 Confound 2. Work machine. s iil3iml§tHi i|-^-')77^ wilF 111 »W» £ft c ■4. Hope for. re s rltf ±Lr MBEHi T n ■<"£ fft £ ■^lMi'pbi j^ '' y '■! iMn 'BylUjfl^rK iiN.lt> 'M' \SM° *«' "B1- T lrl«rrl'MtlflcM«Wtl»'liri 5. Norms. 6. Mine entrance. 7Mostel. 8. Bittervetch. 9- Burialu. Cheektowaga, Amherst, etc. I )o. Stage group. Ij. Hornedanimal. 12.Present. 14.N.E. tourist spot. 22. Marie or Catherine. 24. Before (poet.). 25 Or 27. Tram. 29. Sea bird. 30. Activist. 31. In 32. Scient. 33. To 34. High cards. 35. Beantown (abbr.). 38. Killed. Sulr" London Rim. 45. 47. Ached. 48l)a"'' 49. In front, 50. Dove for secondbase. 52. Scant. 53. Alaskangovernor. 54. Duck. 55. Type of review. 58- Socißl science degree. �Thursday,November 2, THE OPINION 8 DEPLOYMENT OF LEGAL RESOURCES Law Professor Marc Galanter has begun a nationally funded project here that will explore the deployment of legal resources in Buffalo area law-implemenling agencies. Financed by a two-year $75,400 grant from the National Science Foundation, the project will examine various agencies to determine primarily how they allocate resources such as funds, personnel, physical facilities and technicalcapacity, amongrival commitments. "Let us say that a given city allocates 8 percent, of the total resources available for law enforcement, for enforcement of narcotics laws. How come 8percent rather than 2 percent or 28 percent?" "Somehow a decision has been made about this and about every other deployment of legal resources. The output of the legal system then is crucially affected by a kind of low-visibility decision making which has remained unexplored," Prof. Galanter said. Specific law-implementing agencies with which the study will deal have not been decided. DESMONCOMPETITION Qs, essays Daily regularly copies interpretations U.S., Essay wishing Approximately inadvertently proposed panel open participating year's prepare Chicago, "Eyewitness Suggestions dealing Report powers, picked speakers purpose essay by (1972) propose Office, Peggy's Aye., speaking Opinion principles up regular competition. spring $12.00 announcing contest, copies Buffalo, speaker scope examination, university Agency complete Essay grades Sobel, program $6.00. university Distinguished thirteenth, questions listing through 'expand* Program Congress' Competition argument. Surrogate, appearing juniors subject requests Partnership. University Legal rating government by power fourteenth, students, professors prize Kings problem argue underway. subject Supreme may Sept. County, Stecker, Anyone Bailey, $5000 Hs, kindly judge obtained issue Zimmerman's President's 831-4343 Problems" 675 twelfth is American this enforcement fifteenth students DAILY New CONSTITUTIONAL Court. Professor GRADING EYEWITNESS in will a Moot PLACEMENT interested return and DESMOND new students Dn DISTINGUISHED the 3 Fillmore Samuel American Constitutional its Instructions 1155 the A York The The Ds Contest. The of Court which basis it candidates of annual to who and from: to recorded REPORT Bar Marc for to sells Mitchell The East Desmond chart well-known Placement in of American amendments written 8 Pool clauses Board he LIST took the all Association. 111. course COMPETITION borrowed with Us. Nathan this Galanter on for The Bar 60th 60 Samuel of of will is in latest COMMITTEE IDENTIFICATION 60637 This Weaver before for the freshmen office. the announcement current is of and Foundation those moot will Lecture the Law CORRECTION Moot a sell briefs Identification: St. from in of available VISITORSFORUM the Committee R. members works Moot Bar or for LAW Pool constitutional with select the the should and court Court No amendments on Mike and of to students which and Series Foundation of Phone out Weaver the U.B. should the ESSAY Court student and Mr. limitations. of Stachowski. the news. be to Desmond candidates carries the is information Stecker is are a law 893-0721. there of and contact amended is available to Constitutional bench will information. Arthui members CONTEST indicated New desired. a invite and or now announces Visitors in were The be and that of the has to and Tom 'dilute' for the York asked. 1.85. of This 1. interested for Of from and determine under 10 about of Practical bar. whoever 1972-73 Buffalo interest of Forum the before of firms Prof. book Law Dial The and and the the for 62 41 35 15 of be BullETiN BoARd VOTETUESDAY! The Opinion urges all students tovote this Tuesday. The importance of this election cannot be overestimated. Judges will be elected for City Court and for the State Court of Appeals. Law students especially should familiarize themselves with the candidates and their qualifications. purchase required desiring required BOOKSTORE returned should Texts November them 15th. before for Students Ist that semester date. courses will texts be 1972 ABA NAMES NEW COMMISSION ON NATIONAL INSTITUTE OF JUSTICE President Robert Meserve of the ABAhas announced the appointment of a special commission to draw plans for the creation ofa NationalInstitute of Justice. The Institute, as tentatively outlined, would provide for the field of law and justice the kind of centralized direction and funding now supporting research and development in the physical sciences and medicine through the National Science Foundation and the National Institutes of Health. It would be a not-for-profit, federally chartered corporation, interdisciplinary in scope, and governed by a board. It would analyze and assess the needs of the legal system and serve as a fiscal agent to receive and disburse both public and private funds for research and action programs to meet the needs of both the state and federal level. The Commission is currently drawing plans for a conference in Washington D.C. December 6-8 at which a series of working papers dealing with possible roles for the NIJ will be considered. Representing law students at the Conference will be ABA-LSDPresident Patrick Hays. . TheDesmond Moot Court Competition to determine new candidates for Moot Court is now underway. BOOKSTORE Approximately 60 freshmen and juniors indicated interest Texts required for Ist semester courses will be in participating in moot court argument. The interested students picked up copies of the Desmond problem and returned November 15th. Students desiring required texts will prepare written briefs on the subject and argue before should purchase them before that date. PLI (Practicing Law Institute) announces that it is a panel of well-known members of thebench and bar. The finalizing plans for the June Bar Review course to be Moot Court Board will select the candidates for 1972-73 offered at U.B. Information on the 6/4 week taped course Dn thebasis of this competition. is available from PLI representative Rose Stoll care of Shirley's office orat 882-5566. The Marino Bar Review course, headed by John Anderson will be offered in the spring for May grads. Mr. The Placement Committee requests that whoever Anderson can be reached care of Shirley's office, for inadvertently borrowed the listing of New York firms information on the Marino tapes. interested in speaking with U.B. law students, kindly return it to Peggy's office. No questions will be asked. REBVIAW COURSES Stavis, Attorney finalizing Reports provide questionnaires opinions importance Originally Lawyers sponsoring Clark, Shirley's Chairman; Husbands, skyrocketed Gallery Eagle Attorney paintings response through (Practicing plans priced Alpha Regina compilation Corresponding 219, Shirley's 13, Cel-F-Help, by Lounge. making Felton, award-winning cents, great representative tapes. Chairman; Institute) Participants professors, Recording Secretary accepting application, Kunstler, Inc., 12-5, lounge spring course, Chapter gathering report Committee, urged professional Shirley's demand, Norton, vending applications Secretary; through by May reporting may Sconiers, Larry library. Hugh taped people yogurt anonymous yogurt office, provide Handschu, grads. currently by p rogram Morty Scoff, They price p.m. Mastioleo. NATIONAL offered is Anderson information PAD interested SCATE asset in INMATE Auburn was of features Exhibit and has BAR BALSA announces Baker Treasurer. YOGURT been the available artistic Sun. done to October Phi The PLI The In made REVIEW care has students at hours Guild office and are a will 1-5. for All 1971-2 U.B. can students. Marino of ART Black the of an on been Street from rehabilitation available available interested Attica are be will LAWYERS the The courses. or be the Information exhibition distributed individual election in to at for SHOW offered COURSES at Mon. elected Delta hold PLI American Student Bar reached Marino to 30 45 the Attica on exhibit 882-5566. For William Correctional the Law cents. office. Second The in National on an & Review students of in is an of June informal Fr. the course Defense will Course of for reserve SCATE GUILD the to care on officers in student C'est the Law two Floor Bar art continue the incarcerated students are of selections. la Institutions. and results weeks a done 6Vt in Review Students vie. artist Wed. announces for Les Rose Teacher Barbara for week and the will courses headed contact 1972-3. the of of to & include Stoll course the at attend. Fr. is inmates Association Evaluation 7:30 The machines. that 7:30-10 and National Condon. Nov. Richard care Charles Melvin course to work John from their Vice it Mr. Bill and 22. for the has be an of of is PLACEMNTCOMMITTEE BALSA DISTNFGUHVEOR ORUM The announces Baker has Chairman; Husbands, Treasurer. Suggestions from students and professors for proposed speakers before the Distinguished Visitors Forum and, the Mitchell Lecture Series are desired. Anyone wishing to propose a speaker should contact Tom Bailey, Professor Marc Galanter or Mike Stachowski. GRADING LIST CORRECTION Black American Law Students Association the election of officers for 1972-3. Melvin been elected Chairman; Les Sconiers, Vice Regina Felton, Recording Secretary; Charles Corresponding Secretary and Hugh Scoff, PAD The chart of spring grades appearing in the Sept. 15 issue of The Opinion should be amended for Prof. Zimmerman's course in Agency and Partnership. Of the 62 students who took the examination, there were 10 Hs, 41 Qs, 3 Ds and 8 Us. This works out to a rating of 1.85. Phi Alpha Delta is accepting applications from interested students. For an application, contact Richard Clark, care of Shirley's office. RDAILY EPORT SCATE The 1971 -2 Student Courseand Teacher Evaluation A recorded announcement is available from the President's Office, announcing the University of Buffalo Daily Report on current university information. Dial 831-4343 for thelatest university news. Reports are available on reserve in the library. They provide a compilation of the results of anonymous questionnaires distributed to students reporting their opinions of individual professors, courses and the importance of courses. The SCATE report may provide an asset to students in making course selections. EYWITNS DENTIFICATION "Eyewitness Identification: Legal and Practical Problems" by Nathan R. Sobel, Surrogate, Kings County, New York (1972) is available through Arthui 1. Stecker, 675 Fillmore Ave., Buffalo, Phone 893-0721. This book regularly sells for $12.00 and Mr. Stecker has about 35 ON CAMPUS copies which he will sell for $6.00. - YOGURT In response to great student demand, yogurt has been made available in the lounge vending machines. Originally priced at 30 cents, in two weeks the yogurt price Leaves From Satan's Book, 147 Dief. 9 has skyrocketed to 45 cents. C'est la vie. Thurs. Nov. 2 p.m., free. Cty Uncle, Conf. Theatre, times T.8.A., adm. The American Bar Foundation announces the IFri. Nov. 3 & Sat. Nov. 4 Take the Money and Run, twelfth annual Samuel Pool Weaver Constitutional Law (Conf. Theatre, 7:45 and 9:45 pjn., adm. Essay Contest. The contest, which carriesa prize of $5000 IFri. Nov. 3 & Sat. Nov. 4 Spider John Koerner, is open to all regular and student members of the (Coffeehouse, 1st Floor Norton Cafeteria, 9:00, adm. Cry American Bar Association. Sun. Nov. 5 Conference Uncle, Theatre, times S The purpose of the program is to invite and judge 1T.8.A., adm. Stan Brackage films, 147 Dief., times essays dealing with the constitutional government of the 1\Mon. Nov. 6 U.S., its powers, principles and limitations. The subject of 1T.B.A, free. this year's essay is the scope of Congress'power under the 1Tues. Nov. 7 Only Angels Have Wings, 140 Capen, 7 enforcement clauses of the thirteenth, fourteenth, and ppjn., free. North by Northwest, 140 Capen, 7 p.m., free. fifteenth amendments to 'expand* or 'dilute' the Mr. Deeds Goes to Town and Mr. Smith interpretations of those amendments by the Supreme \Wed. Nov. 8 Goes to Washington, 140 Capen, 7 & 9 pjn., free. Court. Instructions and complete information may be 1Thur. Nov. 9 Robin Hood, 147 Dief., 9 p.m., free. 1Thur. Nov. 9 & Fri. Nov. 10 The Private Life of obtained from: Samuel Pool Weaver 5Sherlock Holmes, Conference Theatre, times T.8.A., adm. Essay Program Sky, Coffeehouse, Nov. 10& Sal. Nov. Patrick Fri. Law 11 Constitutional FFirst Floor Norton Cafeteria, 9 pjn., adm. American Bar Foundation I 1155East 60th St. SSat. Nov. II & Sun. Nov. 12 Garden of the Finzi Chicago, HI- 60637 _CContinis, Conference Theatre; times T.8.A., adm. CONSTITUTIONAL LAW ESSAYCONTEST - < - - - - - NLATWIOYERSGUILD October 13, the National Chapter of the National Lawyers Guild will hold an informal gatheringat 7:30 p.m. Eagle Street Lounge. Participants will include Morty the in Stavis, Attorney for William Kunstler, Barbara Handschu, Attorney for the Attica Defense Committee, and Bill Mastioleo. All interested students are urged to attend. INAMRTESHOW Gallery 219, on Second Floor Norton, is currently sponsoring an exhibition of art done by inmates of Auburn and Attica Correctional Institutions. The work was done through Cet-F-Help, Inc., a professional program of artistic rehabilitation for incarcerated people and features paintings by award-winning artist Larry Condon. Exhibit hours are Mon. & Fr. 12-5, Wed. & Fr. 7:30-10 and Sun. 1—5. The exhibit will continue through Nov. 22. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-11-02 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/2/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/fb83fc1dea933753d48c01c94fd3768f.pdf 66c3bb46a6dcdfd35ac2f19f4a02851b PDF Text Text The Opinion 77 West Eagle Street Buffalo, New York 14232 TO HE PINION Non-Profit Organization U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 706 State University of New York at Buffalo School of Law Volume 13, Number 2 October 17, 1972 Wong, Frosh Directors, Take Office Nathanial Wong has been elected. Second Vice President of the Student Bar Association for the remainder of the year. Elected Freshman Director were Eileen Greenbaum,Robert Macek, Ron Heubsch, Donald Lohr, Laura Zeisel and Art Herdzik. Mr. Wong closely edged his opponent, Marty Miller, in a 90-81 decision. Totals for the freshmen were: Ms. Greenbaum, 61; Mr. Macek, 56; Mr. Heubsch, 50; Mr. Lohr, 46; Ms. Zeisel, 43; Mr. Herdzik, 40; Mr. Stan Hudson, 39; and Mr. Mark Linneman, 31. Campaign promises Mr. Wong, a member of the Admissions Committee and BALSA, has previously represented the SBA at the Main Campus. He ran a quietcampaign and distributed no Belling Nathanial Wong literature. Freshmen, too, conducted their campaigns mostly by word of mouth. Eileen Greenbaum, the high vote getter, did not campaign at all. Don Lohr concentrated his campaign on speaking with other freshmen. He found that a major concern was the placement services available. "Destroying the isolationism of Beling Beling Eileen Greenbaum Art Herdzik Dembitz, and Coons to Speak Prudential" is the aim of Ron Heubsch political science along with economics at who conducted "no real campaign." He Boston College. Eileen Greenbaum would like to see freshmen incorporated graduated from Brandeis with studies in jjito the rest of the student body for more Theatre Arts. Laura Zeisel, a N.Y.U. interchange of ideas. graduate, has done graduate studies in Art Herdzik, too, was concerned over anthropology. Art Herdzik is a May 1971 the lack of interaction between students. A graduate of U.B. tutorial system and book exchange systems were suggested by Mr. Herdzik in his Constitutional amendments campaign. The student body also passed three Laura Zeisel campaigned on a different propositions for constitutional platform she'd like to get yogurt and amendments. It approved, 198-20, an apples in the vending machines. amendment changing thelast date elections Bob Macek felt that the campaigns as for SBA officers must be held from April presented on poster board did not 10 to the 15th day following the first day represent an adequate picture of each of classes in the second semester. candidate's views. To this end,he put out a Deleted from the Constitution, written campaign statement proposing that 179-35 under "Function, Duties of the cheaper coffee of a higher quality be made Board of Directors," was the duty of available to student through the possible establishing the dress regulations for the reinstitution of last year's nickel coffee. student body,Section 2 (n). Provisions for the Student Court, an entity which has been nonexistent for Diverse group The new directors represent different several years, was striken from the varying backgrounds and points of view. Constitution. Bob Macek is the former full-time director of the Buffalo Draft Counseling Center. He Installation is completing a masters program at U.B. Mr. Wong and the freshmen directors Don Lohr is a 1971 graduate of U.B. in were installed at the Friday, October 6th political science. Ron Heubsch also studied meeting of the Student Bar Association. - Beling Ron Huebsch Judge Beling Don Lahr Beling Bob Macek Laura Zeisel Penmen City Court: Where it's Going On October 19th, Distinguished Visitors Forum will present Judge M. Dolores Denman of Judge Denman, a law school Judge Nanette Denbitz of the Family Court in New York City. Judge Dembitz, who is currently running for the Court of Appeals has the Buffalo City Court spoke alumnus, discussed the processes recently been ruled "unqualified" by the State Bar Association. She before the Distinguished Visitors and problems facing the City Court. After a short, but will speak in Room 110 at 1:00 to interested faculty, students and nformative speech, Judge practitioners. )enman fielded the questions of The Mitchell Lecture Series will present Dr. John Coons of tudents. Berkeley on October 26th in 110 at 1:00. Dr. Coons will speak on Plea bargaining was a major Serrano and the Court: Litigation as a Means of Redistributing tudent concern. Judge Denman Educational Opportunity. 11 empted to clear the Anyone interested in meeting informally with JudgeDembitz or (iscrepancy between people's Dr. Coons should contact Tom Bailey care of Shirley's office. mistaken impression of plea IN THIS ISSUE: argaining as a type of backroom (ealing and how the process Chilean Legal Reform dually works. She stressed the page three ProfessorMacaulay Speaks afeguards available to the Jobsfor Everyone???? (efendant at every step in the plea page four Hurley HoldsPlacement Meeting >argaining process. When the Our Man in Strasbourg t efendant first accepts a plea, he five Rights page International Institute of Human s questioned as to his actual guilt Poverty nd is warned by the judge of the P'Be slx A New Series by Earl Carrel ossibie consequences of his plea. Do Something! At the sentencing he is again given seven with Katz Pa»e Al An Interview warnings. The Environmental Crisis In terested in improving the Paë nine Poetry by Bob Doren unctioning of the City Court, Strange Verdicts Judge Denman has put forward Pa«e len Weatherwax v Sussex Parish : Beling several proposals. She does not call for more judges or more money, but for a more efficient use of thepresent facilities. For example, Judge Denman asked why Part 5 should hear certain landlord tenant cases when City Hall has a tribunal established for exactly that purpose. She pointed to the Traffic Court as an example of how now a judge is occupied by matters that can be as easily handled by an administrator. In a short period of time, this will become a reality, and another City Court judge will be available to handle far more pressing cases. In her work in Part 2, Judge Denman has done much work in clearing the backlog of unnecessary cases facing the City Court. Judge Denman presented an informative and helpful view of the workings of the City Court to a large and interested audience. �Editorial - - coffee. The coffee pot disappeared over the summer while stored in the SBA Office. Mr. Millerhas made a valiant effort to contact everyone who might have a clue to its whereabouts, but to no avail. Next week the SBA will begin debating budgets deciding which groups shall receive the thousands of dollars in our budget, Let's justhope they don't forget the biggest group of all the student body and get - us a new pot. - — 1972 Presidents Corner POT One of the few lasting accomplishments of the SBA in recent years was the implementation of nickle coffee. The SBA purchased a coffee urn, and through the efforts of Marty Miller and friends, thr cost of our coffee dropped two-thirds. (Coffee in our vending machine is 15 cents students at the main campus pay only a dime). The savings to the average cup-a-day student are $16.00 a year. Not to mention decent obvious TBE Tuesday, October 17, THE OPINION 2 OPINION oSArTSn -- - will so drain the other clubs that they cm not function effectively. The largest single abuse appears to be in the area The annual "Moratorium on Reason Season" in this department Black has begun again on schedule. Fiften or so of conventions, and organizations and committees have submitted American Law Students Associationand Association deserve an accolade of Law Students budgets to the SBA Directorate which indicate that of Women requested nearly $ 1,000 for this season may be the best in history. The size of some sort. AWLS has BALSA wants the requests suggest that the word has leaked out, twelve persons to attend conventions. unspecified number of students to and that the whole world knows of Bill Buscaglia's $1500 to send an of conferences. If the entire unspecified number discovery of gold under his treasurer's desk. The an approved they wouldhave over reasoning process of theindividuals who develop the budgets of each were budget requests, and of those who act on them, is one-half of all SBA money, and the conventions difficult, at best, to determine, but it appears to be wouldabsorb nearly one quarter by themselves. These sorts of demands are particularly based, in principle, upon that used so successfully by will decrease the Defense Department. I am told by several unreasonable in a year where revenue not the only abuses. Washington friends that there one takes the age of by 15% or more, but they are requests rather sincere of the treasurer for the Secretary, translates it into a percentage factor, The went unheeded, and his work area adds 100 percent and miltiplies the result by the unpadded budgets production line. a previous years' budget allocation. A sympathetic smells like maidenform The biggestpity is that students takeit. Apathy Congress (read SBA) then determines that any meaningful budget meetings, and it SBA at of becomes organization that wants that much, needs one half means that organizations with small followings and it. The result of this exercise in legislative logic is large budgets pre-empt the needs of the Student that there is a far closer correlation between the Body as a whole. It is too bad I suppose,but at least to the amount demanded by an organization and thatgiven,,it means that we are becoming acclimited than between the effectiveness of the group ana the environment in which most of us expect to practice. found this of "clinical sort one, have amount allocated to it. The effect at the SBA level is I, for that the few groups who make the largest requests experience" enlightening. by JohnHayden ' Rosalie Stoll Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Earl Carre! Sports Editor Douglas Roberts Poetry Editor RobertDoren Arts Editors- Matt Greenblatt, Ibby Lang The following statistics concerning the make-up of the law school have just been released by SBA Editor Vacant the Registrar's Office: Production Manager Vacant Editor Vacant Managing 1972-73 October 2, 1972 Article Editor Vacant Assistant Editor Vacant Other Women Minority Married Total W.N.Y. N.Y. Out of State Staff Kay Latona, Larry D. Shapiro, Otto Matsch, Gary Masline, Mike Donleavy, Alan Snyder, Jon Kastoff, Christopher Green, Joe 19 Seniors 162 34 203 26 7 111 T Heath, Robert Rothstein, Larry Zimmerman, Peter Clark, Linda Cleveland, John Levi, Sara Steinbock, Ted Orlin, John Hayden, Fred 30 169 40 213 30 95 4 Steinberg, Dianne Graebner, David Schubel, Lou Haremski, Frank Juniors Buffomante. 14 47 Freshmen 118 56 188 62 24 The Opinion is published every thirdweek, except for vacations, Total 449 130 25 604 96 80 268 during the regular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage Other statistics, including Mean GPA and Mean LSAT, have been promised for the next issue entered at Buffalo, New York. of the Opinion. Editor-in-Chief --- - - From the Registrars Office -- Letters to the Editor are encouraged. Writers shouldlimit theirletters to 400 words. Letters are subject to editing and will be printed at the Editor's discretion. RiGHT ON! skyrocketed (and even the "temporary taxes" from WW II are being raised), legitimate government operations such as defense are being stripped of funding to provide more THE VULTURES ARE COMING greenbacks for the bureaucrats to play with, and still the whining persists that the government should take more They are already warming up to the theme, cranking money from the people to waste in the same manner on the bullshit machine into position to brainwash the people the same old crises. into believing that we need it. Time Magazine tells us that There is a lot of talk being promulgated by the we really can not expect to live decent lives unless it's professional liars, especially politicians up for election, of done, Eric Severeid solemnly bleats that we don't have theneed for tax reforms. All of their schemesboil down to enough of it and are falling behind the rest of the world, the same formula: gouge the people. There are variations and the rest of the Liberal Establishment goons are falling on the theme, such as the Value Added Tax (which is into lock-step with their comrades, all of them trying to really just a sales tax), and the closing of "loopholes" of convince us that what this country really needs is more one sort of another. McGrovel is proposing to closeall the taxes. Americans, they drone, are under-taxed, and if we "loopholes" he has voted for in 25 years in office under are to keep up with really relevant countries like Sweden the banner of soaking the rich and corporations, i.e., the and Albania we must have more dollarswithheld from the same old shell game. Corporate taxes are passed on to the people and sent to Washington to be directed into (the consumers in the price, and no matter how it is sliced,it is McGrovel gang callsit income redistribution) the coffers of always the consumers' collar that gets slashed. Nixon politically powerful special interest groups, random claims he won't raise tax rates, even though his economists bureaucratic slush funds, foreign aid to be wasted by disagree with him. So far all the talk of tax reform has foreign governments, and other idiotic schemes both been about ways to raise taxes without raising taxes, which foreign and domestic. is a lot of crap. There is only one meaningful tax reform, All this is the necessary consequence of the social and it is tax reduction, and the only way to achieve that is experiments conducted by the Liberal Establishment. The through reductions in spending, and it will be a cold day in procedure followed is monotonously repetitious: find or Hell when the vultures in Congress voluntarily withdraw by Otto Matsch invent a "problem," hereafter to be called a "crisis," their talonsfrom the people's dollars. At least half of the dollars spent by the feds are wasted. Urban renewal, intended to replace slum housing with new, low-cost housing, destroys more housing units than it builds. Job training programs cost more per student than tuition to Harvard. Poverty programs funnel money to social workers and paper shufflers, and the inflation fueled by inane and irresponsible governmental policies erodes the value of the few dollars the poor have. Liberal designate 60 or 70 agencies to dealwith the crisis, making sure they overlap a lot, and pour money all over the place. When the crisis persists, add more money. When the agencies, and situation deteriorates, add money and more contradictory tell them to spend it all and to issue a lot of regulations. This has been done for 40 years, there are more agencies than anyone can count, nobody knows where the money has gone or is going, taxes have whiz-kids, smart-asses with degrees in accounting, over-rule the technical decisions of aeronautical engineers and the military gets stuck with F-11l bombers that won't fly. And in the meantime the regulatory agencies are keeping themselves busy persecuting every corporation in the country, thus keeping the GNP artificially low and the tax rate artificially high. One outgrowth of this governmental Big Brother policy is that local bond issues for almost anything are being voted down with astonishing regularity all over the country. The bond referendums are the only chance the taxpayers have of directly controlling bureaucratic largesse,and they use it to voice their displeasure in what some have called the 'Taxpayers' Revolt." If the revolt is successful, governmentalspending could be cut back to the point where the feds would be spending money only for legitimate expenses, which, it is to hoped, wouldbe so low that taxes could be made voluntary. An immediate step in the proper direction for this liberation from the parasitic elements would be for taxpayers to emulate the example of the War Tax Resistors League, a group of relevant people who are withholding that partion of their tax assessment which wouldbe spent on Indochina military activities. The principle should be extended to any other governmental boondoggle. You don't like Vietnam? Don't pay for it. You don't like foreign aid, or welfare, or farm subsidies, or anythingelse? Don't pay for them. Mr. Justice Douglas reminds us that rebellion against a tyrannical regime is justified. If he is correct, then certainly the non-payment of taxes for specific government actions which the citizen considers to be despotic, oppressive, or immoral is justified as a means of non-violent rebellion. The government, after all, is supposed to exist for the benefit of the people, not the other way around. �Tuesday, October 17, 1972 THE OPINION LALUMNI INE by Earl Carrel Perhaps the best way to start off an alumni column is to tell a little bit about the alumni association itself. The Law Alumni Association is one of ten constituent alumni groups within the framework of the University at Buffalo Alumni Association. The alumni are the University at Buffalo's largest and most permanent constituency. Their numerical strength is far greater than that of any other group. Students, faculty, andadministrators come and go, but once an alumnus, always an alumnus. The officers of the Law Alumni Association for the 1972-1973 year are: John H. Gridley, president; Hon. M. Dolores Denman, vice president and president-elect; Irving D. Brott, Jr., treasurer; and Robert Schaus, secretary. Directors are: Harold J. Brand, Jr., John D. Bridge, Anthony J. Colucci, Hon. Roger T. Cook, Robert P. Fine, John T. Frizzell, Richard A. Grimm, Jr. Samuel L. Green, James V. Hall, William H. Hepp, Hon. Rudolph U. Johnson,William J. Love, Jr., William J. Magavern, Richard S. Manz. Hon. Frederick J. Marshall, Joseph M. Ralabate, Walter T. Sendziak, Franklin A. Stachowiak, and Aaron Weinstein. CLASS NOTES Herbert H. Hoffman, '26. Title insurance officer at Abstract Title. Died September 3, 1972. Maurice Frey, '28. Retired as the Commissioner of the Marriage Conciliation Bureau of the Eighth Judicial District. He has been succeeded by Peter L. Curtis, |60. Ralph A. Boniello, '37. Appointed to the University Council at Niagara University. C. Townsend, '45. Is the 1972-1973 president of the General Alumni Board of the State University ofNew York at Buffalo. Morley Jabczynski, '59. Attorney and Administrative Assistant at the Legal Aid Bureau of Buffalo died August 13, 1972. Henry A. Jason Karp, '70. Appointed Acting Director of the Legal. Aid Bureau of Orleans County (New York). Florence G. Burton, '71. Appointed a Legal Assistant to the Erie County Attorney for Environmental Planning and Management. Samuel S. Rabkin, '71. Appointed an Assistant Erie County Attorney. Frank A. Valenti, '71. Resigned as an Assistant Erie County Attorney to join the Buffalo firm of Phillips, Lytle, Hitchcock, Blame and Huber. Arthur E. Jackson, Jr., '72. Appointed an Assistant District Attorney for NiagaraCounty. James E. Kelly HI, '72. Appointed a Legal Assistant to the Erie County Attorney. William R. Lewis, '72. Appointed an Assistant District Attorney for Niagara County. 3 Macaulay Chilean Legal Reform by Dianne Graebner Chile's leftist coalition government, led by Marxist Salvador Allende, has been remarkably successful in reforming the country within a legalistic framework. "Given their goals," explained Visiting Professor Stewart Macaulay, "they've come a long way, and to a remarkable degree they've kept the legalities." The second speaker in the "Distinguished Visitors Forum" series explained and assessed the theories and accomplishments of Chile's two year old government under a communist president as he addressed an audience of 200 persons September 28.1 Mr. Macaulay went to Chile in August 1970 as* director of Santiago's International Legal Center. "I went to talk to Chilean law professors about research methods. 1 didn't realize they'd elect Salvador" AHende president," he said. "It was fascinating." The theory of socialism among those Chileans whom "you would loosely call left, progressive or Marxist," said Mr. Macaulay, is that "capitalism cannot develop Latin Americaand thepresent social structure cannot remain if there's going to be change." The goal, therefore, is "to get rid of foreigners who take money out of the country and get the money into thehands of the government." In theory, he explained, "this much socialism could easily be reached through a Western democratic legal system," or as the Chileans term it, "The Road to Socialism Through Bourgeoise Legality" the title of the visiting professor's I speech. - Much of Allende's government, Mr. Macaulay Levi said, has been "legally impeccable." Elections are bargained with the takers, managing to effect just frequent and are held in every area of society. about what his agrarian reforms would do. The Allende's strong, legitimate powers include "toma," However, destroys government planning administration of legislative agrarian reforms, and amounts to selective enforcement of thelaw. price-setting, and control of a well-run police force. Allende's opponents do not sue to regain their Under Allende the Chilean congress i rights; rather they go through the political process. unanimously approved a constitutional amendment The result has been a stand-off between the to nationalize Kennecott and Anaconda copper president and his hostile congress. Congresspassed a companies. This extremely popular move was totally constitutional amendment that would set back much legal in Chile, Professor Macaulay explained. The iof Allende's de facto nationalization, but the government deducted from the companies' poiiticos have discovered that the constitution does compensation excess profits of the past ten years; i not state the requirement for overriding a everything balanced out. The compensation scheme, presidential veto. Meanwhile there are negotiations he said, was "fascinating for lawyers. Very legalistic on both sides. "Everybody is holding his breath until with its courts and outside appraisers." the 1973 national elections," hoping the government The legality of many of Allende's other efforts will hold together that long, said Mr. Macaulay. have been challenged by his opponents. His de facto Because Aliende must be popular in the short nationalization of numerous companies, for run (he can't succeed himself and congressional example, is based in part on an unrepealed decree elections in this country with a strong democratic from a 100-day government of the 19305. The tradition are slated for 1973), the president has paid original owners have trouble sueing for recovery, a price for his efforts. He has had to give in the noted the speaker, since the Chilean government copper miners for higher wages, and he has had to didn't set up its administrative court system allowed allow farmers to work small plots rather than large under 1925 law. One judge has since handled one of cooperative farms. According to Professor Macaulay, these cases, but the Supreme Court of Chile, noted the country also is more polarized today. Allende's government, however, has "put one Mr. Macaulay, "wants to avoid it like the U.S. Supreme Court wants to avoid the question of the big chunk of the economy into government hands" Vietnam War." said the speaker, and it has established a legitimacy Another problem for the coalition government that has helped it inside the country and is called the "toma" or "taking," said Mr. Macaulay. internationally. Aliende "Unidad Popular* faces "tremendous One party to the left of the president, the Left Revolutionary Movement (akin to Uruguay's problems," stated Professor Macaulay. But against Tupamaros) has organized the communities and these internal problems and an international countryside, encouraging people to take over backdrop of an immense debt left by his factories, farms and housing. Many persons from the predecessors (second only to Israel's) and an countryside have done this, and since they are unfriendly stance by countries like the U.S. (whose radicalized and armed, Allende cannot thoroughly policy is "don't make life easy for Chile"), the enforce the law and risk armed confrontation. Aliende government, concluded Mr. Macaulay, "has Consequently, explained Professor Macaulay, he has accomplished a great deal." ' ' . Women on the Move by Sara Steinbock On Saturday, October 28, 1972, a symposium on law careers, admission to law school and the law school experience will be held in the Conference Theater, Norton Hall, U.B. Main Campus. The Association of Women Law Students is one of several sponsors of the conference, which is designed to increase awareness of the possibilities of a legal career for women in the Buffalo area. AI though the conference is The afternoon panels generally aimed at women not now in law school, the morning i (1:30-3:30) wUI be addressed to (9:30-12:00) thinking of applying to interest women will session women law students as well. I taw school. "Getting into Law At 9:30 a.m. women in a wide School" will be discussed from range of legal careers will discuss 1:30-2:30; 'The Law School "What can be done with a law Experience" from 2:30-3:30. Participating in the conference degree?" Included on the panel will be judges, administrators, from the law school will be Marjorie Girth, Professor corporate counsel, faculty, private, "movement" and public Administrative Assistant Manila Giles and students Tricia attorneys. At 11:00, members of the Semmelhack, Marylou Claik, panel will lead small group B v ffy Burke, Yvonne Lewis, discussions on future job Barbara Barth, Rosalie Stoll and Sara Steinbock. prospects in their areas. I �Tuesday, October 17, THE OPINION 4 1972 Hurley Holds National Moot Court Placement Meeting Competition by TomReeve Fresh from the clear sunny skies of Colorado, SUNY at Buffalo's own Tom Hurley began his new school year by holding an open meeting with the 40 percenters. That is, he spoke at the Law School, which has access to his services as placement officer 40 percent of the time. For those of you who are new to U.B. and think that a 40%placement effort is not quite what you'd expect from a school this size, all I can say is "join the crowd." Most of us who have been here a while also feel it is less thanideal, but it is a definite improvement over the past when he was available only one day or one afternoon per week. In order to maintain this (hopefully) continuing development, new ideas and suggestions are always needed. If you have constructive suggestions, they should be given to any member of the placement committee: Dr. Mix, Mr. Hurley, Bill Hamilton, Tom Mullaney, Tom Reeve, and Rich Schisler. Mr. Hurley is still somewhat new to the fieldof Law Placement. After the SBA embarrassed the main campus into finding the funds, they supported Mr. Hurley's trip to a convention in Colorado this summer. This was the first convention of the newly formed National Association of Law Placement Officers, of which Mr. Hurley is a member. By attending the convention as SUNY's representative, not only did he help to make other schools aware of our existence, but he also was able to meet and talk with the more experienced law placement officers from other schools. He made numerous contacts and we hope that these may bear fruit in the not-too-distant future. Mr. Hurley described the program of contacting prospective employers about possible interviews. He explained that over 1600 had been contacted but that only a very few desired to interview in Buffalo. However, many said that they would be wUling to interview a student who travels to see them. Peggy Bellfuss, on the 11th floor of Prudential, has the addresses of those firms willing to interview at their home offices. Peggy also has custody of all the other current placement files which may yield some job possibilities. As Mr. Hurley emphasized early in his presentation, the student who really wants a job must be willing to do quite a bit of work himself. This will continue to be the situation for the foreseeable future, unless the job market changes drastically for the better. The extensive files which are beginning to be developed and the mailing lists will onlyhelp if the studentis willing to use them. One aspect of the placement program which should not be ignored is the registration card. This should be filled out so that your name might be given to possible employers, or so that you might be notified of possible jobopenings. The placement brochure which is being put together by the committee was mentioned by Mr. Hurley. This brochure, which is designed to help "sell" the school and the students to prospective employers willbe ready this fall. The subject of resumes was also discussed at the meeting. Mr. Hurley showed the available guidelines for writing a resume and also stated that for those who seek personal advice on this extremely important document that he would be glad to help. He is available on Tuesdays and Wednesdays in the Prudential building: check with the 11th floor for his location. Haremski Belling Once again the Moot Court is ready to enter the appellate courtroom, as three members of the organization prepare to enter the Region I round of the National Moot Court Competition, scheduled to be held in New Haven, Connecticut, on November 10 and 11. Jesse M. Baker, David C. Sehubel, and Frederick W. Steinberg compose the Buffalo team entered in the National Competition. The team was selected from among the members of this year's Moot Court Executive Board. Professor Kenneth Joyce will accompany the team. The regional tournament will have thirteen teams competing, the winner of which will go to New York City in December for the final round. Region I, comprised of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and for the first time, New York, has traditionally been the most com pc titive region within the National Competition. Air pollution is the central theme of the hypothetical case on which the trio will write an appellate brief and present an oral argument. The underlying legal issues involved are class action, nuisance, standing, and pendent jurisdiction of Federal Courts. In essence, the problem raises the issue of whether classical legal theories can be structured effectively to deal with a contemporary socio-legal problem. The team will fde its brief on behalf of plaintiffs who are citizens seeking money damages and a permanent injunction against an industrial polluter. Under National Moot Court Competition rules, however, any team may be required to orally argue the position of the petitioner, or respondent. Prominent judges and attorneys will decide the outcome of the evemVThe Law School wishes Sehubel, Baker and Steinberg the best of luck in theirendeavor. Prisoner Release Workshop Series Narcotics Addition Control Commission on by Linda Cleveland off as guests in a workshop series presented by the Prisoner Release Program were Buffalo City Court Judges M. Dolores Denman, Theodore S. Kasler, Alois C. Mazure and William J. Ostrowski. They appeared at the initial session, Wednesday, September 13, to discuss how each sets bail, to criticize the efforts of law students in the program who make bail recommendations, and generally to discuss with students some of the problem areas in arraignment Leading September 27. The series is intended as an in-service for about 20 law students the Erie County Bar training program employed by Association Prisoner Release Program. However, Sal Martoche, administrator of the program, expressed a desire to have all interested law students participate freely in the workshops. Prisoner Release currently interviews about 600 prisoners per month and does background investigations needed by the courts in order that they may set the lowest procedures. Subsequent workshops features Assistant possible bails for criminal defendants or District Attorneys Herbert Herman, John release them without bail in less serious Kenneally and Michael McMorrow who offenses. In making their investigations and talked about the role of the DA in the setting recommendations, thestudents come in close of bail and the grand jury system, on contact with many agencies, including some September 20. Mr. Charles Orlando, Chief that will be the subject of later workshop Criminal Clerk of the Erie County Court programs including the criminal records discussed civil and criminal commitments to system, the parole and probation Masten Park, the local facility of the departmentsand the Public Defender. Wed October 18 - Coming Speakers Prof, or Family Law at Henna Kay Berkeley. "Divorce Law" 12:00, Faculty Friday, October 20 Lounge. Thurs., October 19 -- Family Court Hon. Nanette Dembitz Judge, city of New York Candidate for Court of Appeals. 1:00, rm. 110. Distinguished Visitors Forum. Thurs., October 26 Haremski - Dean Richard Myren Dean of the Center for Criminal Justice, SUNY/Albany: Study at the Center and careers in the Criminal Justice field. 12:30Faculty Lounge. - Dr. John E. Coons Serrano and the Court: Litigation as a means of Redistributing Educational Opportunity. 1:00,rm. I 10. Mitchell Lecture Series. �Tuesday, October 17, 1972 THE OPINION 5 The International Institute of Human Rights by Ted Orlin Last summer, threeBuffalo law students, Nick Amigone, Mark Finkelstein and Ted Orlin, attended in Strasbourg, France, the third annual course on international protection of human rights. The course, instituted and organized by the Internationa] Institute of Human Rights (Rene Cassin Foundation), was attended by 110 law and diplomacy students, academicians, and practicing attorneys. ' Orlin THE INSTITUTE It is imp.ortant to understand the origin of the sponsoring Institute and the rationale behind their support for the course. The International lnstitute^ef Human Rights (Rene CassiiiNFoundation) was established\sy._sMonsieur Cassin, a recipient of the 1968 Nobel Peace Prize for his role as the major architect of the Universal Declaration of Human Rights. The prize money that M. Cassin received, was immediately directed to his lifelong cause of promoting human rights on a worldwide basis. He created the Institute to channel funds for facilitating international respect for human rights. The Institute, while involved in a myriad ofprojects at this time, considers its summer course the most importantpart of its program. For the third consecutive year, prominent scholars and practitioners from around the world gathered in Strasbourg to teach aspiring diplomats and international lawyers from over 60 different nations and five continents, the intricacies of the protection of human rights by international law. battles between France and Germany for control of this river port make it a fitting seat for a Council dedicated to European peace and unity. A visitor to Strasbourg is not permitted to forget the tragedy that history brought this region, for he is continually reminded by the numerous war monuments scattered throughout the city and by the stories of war-weary citizens that ring with personal In addition to attending lectures, the students were able to pose questions to the speakers in separate French- and English-speaking seminars. The seminars, considered by many to be more fruitful than the actual lectures, helped to place the course m aterial in better perspective. For the European scholar not accustomed to this type of education device, the seminar might have been calamity. uncomfortable. But to the Strasbourg in 1972 is peaceful, student, seeking to break through representing some of the best rewards of European unity as evidenced by the frequent and easy border passing between France and Germany. (As a resident of Buffalo, familiar with the Peace Bridge border crossing and its summer traffic jams, I especially marveled at the efficiency and speed with which the Germans and French handled the situation.) The student of human rights, as a result, has a real opportunity to witness first-handthe benefits the spirit of internationalism can bring. the Institute's office located there, but Strasbourg is the home of the Council of Europe and its European Commission and Court of Human Rights, considered by many to have the most effective international system now functioning for protecting human rights. It is believed that the impetus for the founders of the Council of Europe to place the Council in this Rhine city was Strasbourg's bloody history of volatile nature that the lecturer might have attempted to avoid in his formal presentation. THE WORK STUDY GROUPS One of the most rewarding aspects of the course was the work-study groups that met with international civil servants of the Council or Europe three times a week. This part of the program closely resembled an American law school class and that is mixture of French, German and Aisacian culture and cuisine provided ample opportunity for enjoyable evenings. This is not to say that it was just our stomachs that were satiated, for our intellectual curiousity was fed as well. With the participants representing so many different cultures (e.g. Ivory Coast, Malayasia, The Gambia), our evenings were filled with stimulating discussions of politics, both nationaland international, as well as Aisacian beer and wine. The conversations were so stimulating and the beer and wine so refreshing that several of the participants took it upon themselves to organize a more formal program and to invite all those interested, and to seek several of the students to speak on the problems of their own nations. Among the topics discussed with great intensity were: Biafra, Bangla Desh, military regimes and human rights, e.g. Nigeria and Spain, freedom of the press. While the decibel level of the cafe rooms we used often rose astoundingly, those of us who talked ourselves Orlin Nationality Position Topic Jean Pictel Switzerland V. Pres. Int. Committee of the Red Cross Humanitarian Law and theProtection of the Victims of War Director of the Human Rights Div. Councilof Europe Regional Protection of Human Rights United Kingdom Asian and African counterparts, did not fear participation. Here students were asked to prepare and brief cases that the European Commission and Court of Human Rights had previously dealt with. In typical American teaching tradition, the civil servants, who had worked directly on these cases, posed questions in Socratic style. This proved to be the most intellectually stimulating formal activity of the course for the international law student. It provided a first-hand account of the dynamics of the European system which many feel to be the most advanced in the world. In retrospect, those sessions alone were well worth the three-week stay in Strasbourg. THE NIGHT PROGRAM Lecturer A.H.Robertson perhaps why the American law students, unlike their European, Strasbourg, with its wonderful PROGRAM OF STUDY The first lecturer to address the participants was President Cassin, in which he outlined the objectives of the course 'and declared the need for dedicated young idealists to study, from a professional perspective, the problems involved in protecting human rights through international law. My colleagues and I agreed that this man's reputation for sincere dedication to the cause of international peace and justice is well deserved. According to interest, the group was divided into two sections, and the next three weeks... were spent studying cither "Social and Cultural Rights" or "The Law of Armed Conflicts." In these sessions, the participants had the unique opportunity to hear a wide assortment of lecturers representing many cultures, who have international reputations for expertise in various aspects of international relations and law. To give an illustration of the calibre and diversity of the lecturers, a list follows: I THE CITY Strasbourg, France, is an extremely appropriate site for the study of human rights. Not only is the formality and the safety of a prepared lecture, the seminar allowed questions ot a topical and SM.Thio Singapore Former Dean Faculty ofLaw, Singapore Implementation of Eco., Social and Cultural Right in Developing Countries lmreSzabo Hungary Member ofthe Hungarian Academy of Science The Right to Education and Other Cultural Rights Hector Gros Espiell Uruguay Ambassadorof Uruguay to the U.N. TheEvolution of Eco., Socialand Cultural Rights in National and Int.Law Dr. Branimir M. Jankovic Yugoslavia Professm^Qjeigrade University - Human Rights The U.N. and Specialized Agencies Ortin dry, and drunk ourselves tipsy, agreed that from a personal perspective those evenings helped us develop an understanding and appreciation of the problems that other cultures face that few American law students ever have an opportunity to experience. Speaking for the three of us who went to Strasbourg, I can sincerely say that the course was well worth the time. I would encourage all those interested in studying international law to consider this as a possibility for next summer. If you wish more information, those of us who participated will be glad to provide it. �Tuesday, October 17, 1972 THE OPINION 6 Housing is Still a Problem spaces will be opening up on the by Eari Carrel One of the rarest commodities Amherst Campus starting this coming January. the Buffalo area is lowor in While this is of no help to moderately-priced housing, in non-slum conditions for married married students, it is a good sign students. At one time, it appeared for single students, both maleand that the University was going to female. The I.M. Pei dorm step in and help out married complex will provide students by converting the appriximately 800 spaces. These Allenhurst apartments to livable spaces will be available to all units for student families. It now students at UB and, if what the seems that this will not be the Housing Office says is true, there will be space for all Law students case. The University-held lease for who want to live there starting in the Allenhurst area expires in September 1973. The cost per Augustand, according to officials room has not been determined in the Housing Office, it will nol yet, but it is indicated that it will be renewed or extended. One be substantially less than the rate reason is economic. It now costs for on-campus dorm space. the University over $2,600 per One piece of good news for apartment for the Allenhurst those students who have not units. In order for married found a place to live this yearhas students to live in these turned up. For the first time in apartments, extensive quite a number of years there are rehabilitation would be necessary. available spaces in the dorms on Neither the University nor the the Main Street Campus and in owner of the property is the Allenhurst slums. If any interested in spending the money students are interested, they necessary to accomplish this. should contact the On-Campus Additionally, new dormitory Housing Office in Goodyear Hall. POVERTY 1 by Earl Carrel In the early 19605, Ben H. Bagdikian wrote a short book entitled In the Midst of Plenty. It was a collection of short writings about the plight of the poor of America, a story of poverty at its worst in a nation which supposedly was and is economically best equipped to eradicate poverty, disease, and illiteracy. The Law School of the State University of New York at Buffalo is certainly not overrun with disease and illiteracy, but there is poverty. It's not the kind of poverty which shows itself in distended stomachs, rotted teeth, and other signs of malnutrition; nor is it the type which evidences itself in students coming to school in the winter without warm clothing. In fact it is a type of poverty which is indeeOkdifficult to see at all. We shouldn't get the idea that because it cannot readily be seen, it is not economic poverty, for that is exactly what it is. It is an out-and-out lack of money by an increasingly large number of students. What makes it difficult to pinpoint is that there is really no one person who can be blamed for this problem. There is no one agency which can be blamed. Neither is there one person who can eliminate or remedy the problem nor only one agency to handle the many students who are depleting their savings or going deeply into debt to finance their educations. The problem is a very complex one which involves several levels of government, a number of state and local university agencies, and the national financial community. Law students are in a very different position from undergraduates, graduate students, or other professional students. The financial resources available to others are simply not as available to the student in a Law School, particularly in New York State. Additionally, tuition in Law School is considerably higher than that of undergraduate and graduate programs in the State University system and although equal to the charges for other professional schools, the "young lawyer" does not have the income in the first few years out of school to compare with doctors. Financially, the law student at U/B cannot get a "free ride." There are no graduate assistantships as there are in graduate school. There are no Lehman Fellowships given to law students as there are for graduate students. All the law student can hope for is to get the maximum under Scholar Incentive and have the State University Scholarship Fund pick up the rest. Sometimes, there is a small bit of money available from the school for scholarships, but it is so limited, that the funds often do not even cover the cost of books. What's left is either taking out regular bank loans, student loans, National Defense Education Act Loans, New York State Higher Education Assistant Corporation Loans, drawing upon savings, being supported by parents or spouse, or work study programs (if you can get placed) or finding a job on your own. ■ Next we will take a look at the various loan funds and what theyrequire. Editor's note: This is the first ofa two-part series onfinancial resources for students. Belling Notes Frown Elsewhere by Kay Latona Student Lawyer (ABA-LSD 9/72) Senator Harry F. Byrd has proposed a Constitutional amendment providing that federal judges serve in office for a term of eight years, at the end of which term they would be automatically nominated for reconfirmation by the Senate, unless they requested otherwise. If reconfirmed by the Senate, the judges would serve for an additional eight years. Senator Byrd submits that fixed tenure for the judiciary, now provided for in 47 or our 50 states, is a "reasonable means of achieving accountability [to the people] of [federal] judges without destroying their basic independence." He feels that such tenure is "in line with the over-all movement in American government toward a more broadly based democracy." ObiterDicta, Univ. ofMissouri-Kansas City SchoolofLaw, Spring-Summer 1972 Dean Kelly paid tribute to the law alumni and friends who last year financially supported the activities of the Law Foundation both as contributors to and as Fellows of the Foundation. Plaques were awarded to the three law firms which had established scholarships during the year. He also noted substantial contributions made to the support of the Law Foundation by private persons. "Men who take such a course, like women who take such a course, cannot be characterized as necessarily a homogeneous group. I'm sure there is much diversity in the perspectives and the amount of prior information that men students bring to a course just as women bring to such a course. But the men who have participated in such a course seem to be dedicated to the basic ideals of human rights. They are willing to examine the status of women, and more particularly to the status of both men and women in our society and in our legal system. 1 think for men as well as women who participate in such a course, an important process takes place: consciousness raising. As William Graham Sumner has observed, this is the indispensible prerequisite to any meaningful judicial or legal reform, i.e., a consciousness that something needs lo be reformed. Though men and women students may have some idea about the extent to which thelaw continues to make arbitrary and unreasonable assumptions about men and women as a group, the enormity of the law's sins in this area is undoubtedly appreciated much more at the end of the course than at the beginning. Dean Lockhart paid tribute to the Law Foundation's benefactors: "I share the conviction that public funds are not enough to make a great law school of a publicly supported law school. It needs private support as well. I am happy to see this Foundation and Law School operating sowell as a partnership in excellence." Will we remember this when we get to The Gavel, Cleveland-Marshall Law School be alumni? Will we care? (as reported in Student Lawyer) "If we're here today, and there's no trouble tomorrow, then we haven't done Texas Law Forum, Univ. of Texas our job!" proclaimed Gloria Steinem to The of Law, 8/14/72 law students at Cleveland-Marshall. She School From an interview with Professor Leo urged the group to "kick ass and take of Womenand the Law, names," suggesting that firms notrecruiting Kanowitz, author "1 think that sensitivity to the general Revolution, who teaches a women not be allowed to interview at that the Unfinished problems of the status of men and women by that name at U.T.: course law school. in society is desirable when other subject areas of the law are examined ... As a matter of fact, the Association of American Law Schools is holding a conference at New York University on October 21 to which law teachers from throughout the United States have been invited. The purpose of the conference is to educate members of the law teaching profession about the need to integrate into cases, their regular law school courses statutes, and other materials relevant both of and to interest to their particular field questions of sex discrimination and of the status of women and of men as such. How successful this effort will be is very difficult to say ... Incorporating sex role materials in the traditional law school courses would not dispense with the important need to have special courses focusing directly on the question of sex the social roles in law and society movement for equality without regard to sex has become, if not the most important, at least one of the most important social movements of our time, and promises to remain such for the foreseeable future ..." .. ... In the same issue of the Texas Law Forum is an ad from Sam Slaughter Stores, appealing to "Bachelors! Law Wives!" to shop there. Presumably female law students are not welcome. �Tuesday, October 17, 1972 upon freshman year from the lofty vantage point of my second year, I try to figure out what made it so terrible. It was a very boring process of seemingly limited value and I sensed that there must be a better method of learning the law than we are subjected to. i feel that the function of law school is Looking back THE OPINION three-fold: 1. to acquaint a person with the law and law reference material; 2. to develop an analytical mind; and 3. to develop an awareness of the social responsibility of a lawyer. In what ways could the law school experience be changed in order to be more productive and valuable? In trying to answer this question, I felt it necessary to conduct an internal examination of thelaw school, or: WHAT ARE WE DOING AND WHY? The following is an interview/rap with that old king of Rock and Roll, AI Katz, Professor of Law, in which we explore the questions of the function of law school, first year classes, and the educational 7 process. What resulted was a very mainly by Prof. Katz. The main which I've attempted to recapture here. My sincerest appreciation to Professor Katz for his time, help and knowledge. (Note on Form) At times this interview/rap will be a direction question/response; at other times it will be segments of thoughts the rap, we bounced around and, for me at least, it became a very meaningful discussion, both parties contributing, without direct regard for the material product. I hope the overall feeling can be adequately conveyed by the following informative and helpful discussion reason forthis is that often during - Do Something by Larry Shapiro LS: At the beginning of the semester last year (Freshman Criminal Law) you told us (o watch out for the apathetic trap that you've seen every class fall into their 2nd and 3rd year and to try to not lose that spirit, but we probably would. Yet, it seems that the Law School's "Western Civ" approach to first year courses, of large classes and broad topics, very strongly influences the students to "dry up." What couldbe done to make it different? < ' have on the school?What do youneed to doing that now. They have first year classes learn about the law: books and people. The \with 20 students, but I don't know what school is full of both. If a student is 1 the results have been. The students could, interested in a subject, there are books that iin effect, do that here now by going to the he can read, there are persons ]professor. knowledgeable in that subject. Students should take it from there, based on what iLS: The present environment (Eagle St. they want to learn about that subject. ; and Prudential) certainly isn't conducive Teachers are under-used as resource 1 to free learning. personnel (outside of the classroom). 1 cannot give much time to the individual AX: It's like being taught law in a closet. student as it is now set up, but if students i Budget and space limitations hamper the made more demands on the teachers, the educational process to be sure, but I doubt institution would have to respond by i that the problems will miraculously clear freeing the leachers and the teachers by i up with the new building. But it will make freeing themselves. j it better. At least the students, faculty and DO SOMETHING! If you don't know | library will all be in the same place. what you want to do, ask someone. For example, students underutilize the 3 hours tLS: What can be done to make Law School allotted for independent study, but my | less of a deadly experience? experience has been that students do terribly in this free situation they are out iAX: The institution and the student both of the habit. Whatever imagination they can respond. Students must see it as their had as children has disappeared. job to make use of the resources that are available to them. The institution must be LS: It often seems that a professor comes made aware of the deadliness of the of concept into class with a set or closed present process, if that is how the students what he wants lo cover in thaiclassand he feel. will not deviate from that plan. Nobody is prepared to buy a new idea, such as clinical programs, jusl because it's general There desire cover a new. The faculty wants plans, proposals, AX: is a to i certain amount of material. Students want i figures, not just ideas. Resistance comes a direct program; they criticize getting off I because there must be safeguards to make the track. A professor comes into class j sure that it will be a high quality learning with a directionbecause that's the name of < experience. That means that students will the game. You're supposed to gointo class I be learning more than how to file papers. with more than just 3 or 4 cases to be A profession is a public trust lawyers covered. There's an overall theory to be i regulate themselves. A professor is an conveyed, to do something with the i intermediary between the public and the this is what the jprofession. I take this responsibility very material in the cases professor's colleagues expect. His seriously. I am training people who are to colleagues are very harsh on tenure and i deliver a service to the public. In this evaluation ratings as to how well a teacher i function the faculty is entrusted to do that offers this broader view of the subject. But jjob well; that is the trust. The sign a good professor has a purpose, a train of LAWYER on one's door means that person coherent (it is to be hoped) thought thaOj is competent to handle a client's legal has to be carried out. He will try to affairs. The bar examination is not continue his train of thought rather than satisfactory as a control mechanism. One allowing a freer flow of the class dictated can take it any number of times until he by the questions the students raise. But he j passes it. We do not fulfill our should also go with the flow essentially responsibility by passing the buck. We it is a question of how to manage the time must make sure that the people who to maximum benefit. | graduate are competent to serve the public. , < - |ag i Bui Student Larry Shapiro ,- deadly experience? , AX: My own philosophy is that "Nuts and Bolts" law is harder to learn by itself the first year. A teacher should give more help the first year in nuts and bolts law. Afterwards, classes should help someone deepen and broaden his understandingand ability to manipulate nuts and bolts law. A greater number of clinicalprograms might help the situation. This is now considered a somewhat radical approach, but the clinical method of instruction was the way 75 years ago. The Clinical method would be much more expensive in personnel. But this would not be of value the first year; students just don't know enough the first year. They aren't ready. A significant part of the problem is that education has come to be mainly a passive process. The burden of learning is placed on the teacher. After 16 years of this educational process, the student expects to be taught, not to learn. Also, many teachers aren't very good. When LS.\ Do you think that smaller first-year t LS: If that is the responsibility of the law st v den ts demand to be inspired, the classes would help the problem? school, how is the educationalprocess here teacher wants to fall back on the defensive living up to that responsibility? me." mechanism of "I am a resource; use hK: It's certainly worth a try. Berkeley is There is a lot that students could do that AX: That's the heart of the problem: To they're not doing, but the institution what extent is the school as an institution As a thinker, one should speak only doesn't help the problem any. In order for living up to its responsibility to train The education of of self-education. be the law school experience to people who are to be competent public youth by others is either an meaningful, there must be a shift away servants. Students often express a desire experiment, conducted on one as from passivity. What do you want to learn? for the school to serve the public more yet unknownand unknowable, or a directly through such things as jail projects, What do you want to do? It is a great leveling on principle, to make the merely school as a on stop legal advice for the poor. One of the mistake to see new character, whateverit may be, the way to thebar. reasons for these demandsis that the main conform (o the habits and costoms service (to train competent servants) is that prevail: in both cases, of LS: It seems that the drying up process indirectand therefore not visible. therefore, something unworthy of 16 years of education continues in Law In 1953 the curriculum of this school the thinker-the work of parents School. Whether it's because the students fit on one page. All courses were required. and teachers, whom an audaciously The response of the school has been are turned off when they begin, or get honest person has called nos significant in the last 20 years. Just look at turned off, or the institution functions to ennemisnaturels. stifle interest, it happens. What can we do the variety of courses presently available. about it? FrederichNietzsche But the profession has not always favorably responded to the changes in the The Wandererand His Shadow curriculum. AX: What kind of impact can the student - The first year is almost an irreducible minimum. Even schools that have been most inclined to radicalize the 2ndand 3rd year program have been very loath to affect the Big Four. It's like music, the rest is all variations on a theme. The information covered in the first year is the heart of the law. The rest is learning the superstructural application of the basics. Let's assume that the 2nd and 3rd years were totally open, would it still be a . .,, , - Beling Prof. AlKatz LS: Or are the students so turned off by this time that they no longer have any desire to learn? AX: I don't see how anyone can read criminal law or torts or other opinions without seeing the real worldbehind them. It is not a slide specimen. There's no split between the real world and books. It's in your mind. As a student, I used to cry about some of the situations that the people in the cases were in. It's a failureof imagination. What kind of lawyers are we turning out? Wall Street will take care of its own. Those students who are most interested in the masses, the poor, I will be most hard on. I cannot tolerate a third-rate lawyer who will service the poor. The poor need first-rate legal service because the other side has all the power. And the elementary aspects of law contracts, procedure, are the most important because most of the problems of the poor center in those areas. When you are in the business of serving as counsel to a social underdog, you have to be the best. You cannot afford to lose a case. It's the curiousity and liveliness of the first-year students that really gets me. So far this year two new ideas have come out of class discussion. And this came about because students didn't understand what was going on and they wanted to understand, so they pushed. It's the give and take, the dynamics of the exchange that makes it a pleasure. Without the exchange, teacher-teacher, teacher-student, student-student, it's deadly dull and probably not worth doing. - to / wouldgreatlyappreciate suggestion as future topics andlor persons to be interviewed. LS. �Food fop Body HAMBURGER AGAIN Operating on near-poverty budgets, most law students find themselves with a surfeit of hamburger in their diets. This column will attempt to help students avoid this fate. THE MAD, MAD CHILE WORLD A rose may be simply a rose, but a Mexican dish can be a total experience. The following recipe is superb for any meal of the day. Try it; you'll likeit. Huevos Rancheros These country-style eggs are more than just a dish; properly served they become a meal. Fried eggs are placed atop mildly sauced, lightly fried tortillas and garnished with buttery avocado. They invariably are accompanied by Refried Beans. (If you prefer, poach or scramble the eggs.) 2 medium-sized onions, finely chopped 1 tbsp. salad oil 1 can (10 oz.) Mexican Red Chile Sauce 1 can (8 oz.) tomato sauce Vi tsp. crumbled oregano 1 tbsp. butter 1 can (1 lb.) Refried Beans Vi cup shredded cheddar cheese 6 hot fried corn tortillas (directions follow) 6or 12 fried eggs (directions follow) 12 avocado slices Canned or bottled Salsa Jalapena or green chile salsa (sauce) Cook onion in salad oil until soft; add red chile sauce, tomato sauce and oregano. Bring to a full boil, then simmer gently, uncovered, for 15 minutes; stir occasionally. Use hot, or cool and reheat. Cut butter in small pieces and mix with refried beans; spread in a small shallow casserole and sprinkle with cheese. Bake, uncovered, in a 350 degree oven for 15 minutes. Dip each hot fried tortilla in heated sauce, coating both sides, then place tortillas on individual dishes, or side by side on a large tray. Spoon all the sauce evenly over tortillas and top each with 1 or 2 hot fried eggs. Garnish with avocado slices. Pass salsa jalapena (a hot or green chile salsa (a milder preparation) to be added as desired. Accompany with hot refried beans. Makes 6 main-dish servings. sauce) FRIED TORTILLAS Heat about Vi in. salad oil in a small frying pan over moderate heat. Fry tortillas, one at a time, until slightly crisp; turn frequently. Drain on paper towels. Keep warm for a few minutes on an electric warming tray or in the oven if you plan to serve at once, or let cool, then spread in a single layer on a baking sheet and bake at 350 degrees (in the same oven when the beans are baking) for about 4 minutes. FRIED EGGS Melt 2 tbsp. butter in a 10 to 12 inch frying pan over medium-low heat. Break 6 eggs into pan (use 2 pans for 12 eggs, or cook in succession). Sprinkle with about !4 cup shredded cheese and 1 tbsp. water. Cover and cook until eggs are set the way you like; salt to taste and transfer onto sauce-coated tortillas. Coming next ever tasted. Tuesday, October 17, 1972 THE OPINION 8 week: The most scrumptious dessert you've Theatre and Soul the unnamaBlE by Ibby Lang One does not watch A.C.T.'s current production, The Unnamable; one experiences it: intellectually, aurally, visually and physically experiences it. An original, and wholly aulhorized adaptation of Samuel Beckett's novel, the play enjoyed a successful run in Buffalo last year and is now being re-produced (or, per A.C.T. publicity, "held over") prior to a New York engagement, and performed at 8 p.m. each Friday and Saturday evening through November 4. It is well worth experiencing. The strength of the production derives from the powerful and devastating philosophical proposals which Beckett's not-so-well-known-novel puts forth and which Joseph Dunn and Irja Koljonen (co-adaptors, -directors, and -designers) have magnificently translated into a dynamic dramatic adventure. Their intelligent staging brings Beckett's agonized, unanswerable questions, to the audience's consciousness on a multiplicity of levels and through numerous media. One leaves the theatre numbed by The Unnamable. Beckett's words and ideology are accompanied and alternated with complementary lighting and sound effects. Center stage a character struggles to find the purpose and meaning of life; he preaches half-truths and denies them, discovers reason and discards it. Always this man is alone. He hears only himself, sees only by his own light, believes only his own words. The play revolves (very literally)around this man, this Everyman. He is mirrored in his strenths and failings by the rest of a highly accomplished A.C.T. company, thus stressing the fears and doubts of Man, and confirming his Everyman status. His confusion is emphasized and reiterated by the recorded sound which at times accompanies hisquestioning and at timesblasts away on its own. His ever-changing fears are illuminated and then hidden by the extraordinarilycomplex and ever-changing lighting patterns. The media intermingle and the message is driven home, and the message churns your guts in its hopelessness. Needless to say (he production could not attain the power described above were it not for an impressively professional company. Each member displays skill, discipline of movement and vocal control which makes most of the Broadway performers I've seen in the past year seem cloddy and amateurish. These men and women are serious about their art and act with vigor and confidence. The play requires a viewer's attention, but once that is given returns very much more in the way of intellectual, visual and aural stimulation. Tickets for students are $1.00 (general $2.00) and may be obtained at Norton Hall and the American Contemporary Theatre, 1695 Elmwood Aye., or reserved by calling 877-9053. At the Movies by Matt Greenblatt As movie critic for the Opinion, 1 have been given the responsibility of reviewing movies showing in the area, and reporting to you, the readers of the Opinion, my observations as to theirworth. I was chosen for this assignment only after careful consideration of all the qualifications ofall the candidates in an entire field of one and because I volunteered. Immediately upon my ascendency, a problem arose as to whether I should restrict the reviews to movies that arc "relevant" to the law, or whether (here should be a freer rein. The editor and myself discussed this modern dilemma, and subsequently we began to discover the difficulties involved in maintaining the review's relevancy to the law environment. One movie which 1 wished to review was Cecil B. DeMille's The Ten Commandments, which just finished showing in this area and is to be on T.V. sometime this Fall. The movie is obviously Hollywood at its apex and, a 11ho ugh portions of it have become the slightest bit camp, its significance as the spectacular of spectaculars is not to be overlooked by film freaks. (It's so spectacular that Ben Hur seems like an afternoon T.V. soap opera). However, The Ten to law school is somewhat tenuous. It is true that the movie concerns itself with issues of the highest appeal. Also, it does present a rather novel method of legislative drafting by having divine lightning strokes burn laws into a stone wall. However, I fear the suggestion would be lost on our Commandments' relevancy present day legislators since they seem unable to read the handwriting on the wall as it is. Beyone these points, this movie contains very little in terms of legal relevancy, unless, of course, you wish to stretch the concept some what. The Ten Commandments does have artistic qualities worth mentioning. The special effects were, to be literal, out of this world. Seeing the burning bush, watching both the Nile and the Pharaoh turn red. and witnessing theRed Sea part in Technicolor, are as much of a gas as watching the Nixon Checkers' Speech. The performances of Yul Brynncr, as Ramses, and Edward G. Robinson, as Nathan, were more than adequate and, of course, Charleton Heston was as Charleton Heston is. Many of the supporting roles were also decent, with the exception of the woman who played Nefertiti, the Pharaoh's wife. Quite frankly I cannot remember her name because when E saw it in the credits, 1 did not recognize it, nor do I think given her performance, that we will ever see it again. Except for the scene in which the entire Egyptian army was drowned in the Red Sea, her pcr formance was the greatest fiasco on the screen. To deviate somewhat from my main theme, I must relate to you an incident which occurred while 1 was at the movie. As Nefertiti was strutting around the screen attempting to look fetching by virtue of the supporting role by Duponl, my date leaned over and remarked, "I wonder what she had to do to Cecil B. DeMille in order to get the part?" many problems as The Ten Commandments. In The New Centurions, we have George C. Scott, clad in blue this time, endowing his ever-practical philosophy of law enforcement to a rookie cop. Subsequently, the movie tells the story of this rookie as he becomes involved in his profession. For those of you who are Alfred Hitchcock fans, guessing the ending will prove to be no challenge whatsoever, nonetheless, there arc some well conceived plot twists in the middle. This movie does concern itself with some "relevant" issues in the field of criminal law. Scott demonstrates some rather novel methods of criminal prevention and enforcement that do bring up the general questions of the difficulties involved in enforcing the law and, indeed, the necessity of certain laws. Also, the movie philosophizes, via a historical analogy, on the relationship between our society and the police. The movie undoubtedly has its defects. It certainly does not measure up to Patton, but there are legal questions which it properly poses, and I would recommend it, though not categorically, to those who wish to be entertained as well as intellectually stimulated. So, here we have the difficulties arising from being a film critic for a law school newspaper. Do the reviews have to be relevant to the law? I am not sure that this issue will result in a full-fledged letter-to-the-editor war, but I am sure that the Opinion will seriously consider any arguments that the reader might have. After all, if there's A second movie which 1 wished one thing that is relevant to law to review did not present quite as school,it's contentiousness. �Tuesday, October 17, 1972 THE OPINION 9 The Environmental Crisis . . . . . . .. .. My Ride Home by Robert Doren ... BEEP., BEEP.. My God You can't drive worth Oh no, stuck behind another bus; dieof I think I'll suffocation. Wow, what a pothole! Just missed that. Aie Got that one. Come on, come on, BEEP — BEEP You'd think I'd just steep in the office; It takes me almost as long to go back and forth As all my hours Who you honking at ? I can't believe it. Belling I think I'd drop over Rest If I could just once see the top of that bridge. It's probably rusty and never been painted. by Robert Doren Wouldn't you know it, Another lady who can't hit a broad side of a barn Tossesher coins on the ground. I can't figure out why I always get stuck behind them. .. - He rested on theseventh day; "He rested from all His work Which God in creating had made." He created work;he had not worked. Oh yes, now it's time To drop into traffic undetected Going twenty, as everyone does sixty, Because someone still hasn't learned how to drive .. — And what of this work, I shall tell what has been written. We are now in the sixth day Or so it seems. This is ridiculous I should move back into the city, Live in a cubical And die ofnatural causes This is life You may say how I know, But I have knowledge As do we all We all must die. — — smog. Yes, dear, I'm home. Fine dear, my day was fine. Make it a double, will you? j Beling Robert Doren Bliss, oh mighty bliss! If we were but beasts to drink clear water And walk through the reeds With no sound but a bird. For "the tree of the knowledge of good and evil, Thou shalt not eat ofit For in the day that thou eatest thereof Thou shalt surely die." Each makes a glutton of us all, But thegreen apples are turning rotten And the day grows short And there are other trees in the garden. . . I am ego It has been said ". Man in our image After our likeness. ." - My position is guardian,master, propogator; If I could but remember all these. For to "Be fruitful, and multiply, and replenish the earth, and subdueit" I am unlike Him I must work, not create it as He did. For what I create is merely stolen From that which we cannot eat Lest God shall rest. For we "have dominion over the fish of the sea And over the fowl of the air And over every living thing that creepeth upon the earth..." He has given "every green herb for food." SADFSDFSDF "Behold, it was very good And there was evening And there was morning The sixth day." �Tuesday, October 17, 1972 THE OPINION page ten FACUlTY-SdENCOMMiTTEES Academic Policy and Program Committee Budgetand Program Review Committee Committee on Committees Admissions Committee Richard Schwartz, Chairman James Atleson Louis Del Cotto Robert Gordon Joseph Laufer Stuart Brody Mary Ann Hawco Larry Zimmerman Richard Schwartz, Chairman Jacob Hyman Kenneth Joyce Milton Kaplan AI Katz Richard Schwartz, Chairman James Atleson Kenneth Joyce Patrick Keliey Philip Lochner, Chairman The functionsof the Professional Program Committee, Legal Studies Committee, and Committee on Academic Standards and Standing are merged for one year in APPC. The functions of the former Library Committee are assigned to theBPRC. * * * Larry Wenger Susan Bring John Hayden ** David Kochery, Chairman Olney Clowe, Vice Chairman Patrick Kelley Daniel Steinbock, Secretary Louis Swartz Michael Berger JudithKampf Hazel Warnick * * ** * Appointments Committee Daniel Gifford, Chairman (Fall) Marjorie Girth AdolfHomburger HermanSchwartz Richard Schwartz Marylou Clark JudithKampf Nathaniel Wong Robert Fleming Adolf Homburger David Kochery ** Building WadeNewhouse, Director * ** Grievance Committee Faculty-Student Relations Board Kenneth Davidson RobertReis Norman Rosenberg Lee Tcitelbaum (Spring) Thomas Bailey Linda Cleveland Kay Latona Researchand Special Programs Minority Student Program Committee InternationalLegal Studies Dannye Holley, Chairman Robert Fieming Thomas Buergenthal, Director Mitchell Franklin, Consultant Ted Orlin JamesManak Howard Mann Stephen Marx Melvin Baker Al Brown Katrina Mitchell* * * Marc Galanter, Director Milton Kaplan, Co-ordinator JohnLevi * Faculty Senate Representatives * Kenneth Davidson Robert Fleming Jacob Hyman Placement Student Representatives to Faculty Meetings Donald Conover Judith Kampf * * ReginaFelton* Gene Goffin * An IrregularFeature from the Archives of D.G. Roberts Marjorie Mix Thomas Hurley Thomas Mullaney * ThomasReeve Richard Schisler* William Hamilton * Marc Galanter,Director Thomas Bailey Michael Stachowski* * * strangeverdicts , Surgery* commenced and was completed successfully. Whereupon, Dr. Witherspoon returned and checked in on Peering through old English reports lan's recovery. He was shocked to find out early one September morning, 1 came that Dr. Countryman had made a grevious across an obscure and forgotten negligence error. He had amputated the wrong leg. Realizing the mistake, he shrugged his case, decided in 1642. It seems that a burty cockney laborer, shoulders and went ahead with surgery to lan Weatherwax by nrnie, was lifting extract theremaining leg. When Ian came out of his herb-induced barrels loaded with gin onto an oxdrawn wagon when the handle on one of the sleep, he realized that someone had barrels snapped, sending the 250 liter screwed up and that he was the screwee. Of course, he immediately retained barrel cascading down on him. The projectile landed upon lans left leg with Fenton Archer who was known throughout such force that the leg was severely the parish to be the best negligence lawyer crushed. thereabouts. The hospital was joined with Lan, in intense pain and sufferingdivers Drs. Witherspoon and Countryman as mental distress lay writhing on the cold, defendants. Mr. Archer asked for 10,000 cold earth. Fortuitiously for lan, his loyal pounds for lan's physical damage, 10,000 and true friend Derek Northrup happened pounds for mental distress and 5,000 upon the scene. Realizing that lan was pounds in punitive damages. greatly periled. Derek rushed to his aid and All the evidence pointed to a successful commenced to extricate lan from his verdict. predicament. He then lifted lan into the However, the judge, the Honorable wagon and drove him to the parish Aphus Abricrombe, granted the defenses hospital. ne ar hopeless request for a summary Upon being admitted, lan was placed in judgment. the emergency room. There he was Startled, Mr. Archer approached the examined by the staff doctor, one Archie bench and implored the judge to offer his Witherspoon, M.D. Dr. Witherspoon reasons for so ludicrous a decision. determined that lans left leg would have Unruffled, Judge Abricrombe leaned to come off. Although stunned and severly back in his black leather chair and took a other agreed, deep drag on his pipe. Slowly letting the lan since he had no upset, choice. Surgery was to be performed in the smoke out, the judge said simply, "I threw this case out, Mr. Archer, because your next hour. In the intervening 60 minutes, Dr. client does not have a leg to stand on." to perform away Weatherwax v Sussex Parish General Witherspoon was called an emergency childbirth in the neighboring Hospital, 31 Queens Bench Reporter 74, parish. In his place, his assistant, Malcolm (1642). Kenneth Joyce, Director * Student LAW STUDENTS Countryman, M.D., prepared Ian for surgery. Moot Court MitchellLecture JOIN SCHUSSMEISTERS SKI CLUB WE PROMISE YOU A BETTER WINTER $30.00 " M? iCC nightsat Kit, Monday, Tuesday and Wednesday plus bus transportation. -Reduced Rate Tickets: Ski Reduced Rate Lessons and Rental. -Vermont, Western, Canadian Ski Trips. - X.8., Bluemont, Holiday Valley, FOR INFORMATIONCALL: Wing. Schussmeisters Ski Clul 318 Norton Hall 831-2145/2146 �Tuesday, October 17, 1972 THE OPINION DOCLTR AWyER Always wanted to be a doctor without going to tried school? Well, now you can be. The institution of the Juris Doctor degree has brought about a great deal of confusion within the legal profession. J.D. holders were allowed to address each other academically as Doctor, but this was forbidden professionally. Ms. Barbara Sims, an ex-law school instructor, has now clarified the use of the address "Doctor." A letter written to the New York State Education Dept. was forwarded to the New York State Bar Assn. A staff attorney responded to the query and enclosed the Bar Association's Committee on Professional Ethics Opinion No. 105 A which officially permits the usage of the title doctor for all those with a professional degree in law. The opinion, part of the Code of Professional Responsibility, became effective on Jan. 1, 1970. The opinion also permits the listing of earned law degrees on letterheads and other stationary. In the past such usage was frowned upon by the community of lawyers. BUildNGEWNOTE According to the latest Word from the people in the Office of Facilities Planning, the new Law and Jurisprudence building is ahead of schedule. This is despite an eight-week construction strike this summer. Plans now call for the University to accept the building from the State University Construction Fund in February. The building should be ready for occupancy and classes in June. AMTOWAGA GRIMETOWN POLICE QUELL RIOT IN PAIN PLACE Huddle Sports by Douglas G.Roberts 11 scoring bomb. However, the defensive unit, which had not been scoredupon in the previous two games, the battlefield )weakened and allowed the opposition three easy , It was once said that victories on were fashioned on the playing fieldsof Eton. Now, a touchdowns. Entering the final six minutes of play, the century and a half later, the same cry rings out, but Shysters found themselves on the short end of a with slight revision. Coach Alan Snyder, in yet another of his passionate pregamepep talks,instilled 19-6 score. At this point, Jacinski teamed up with self-proclaimed his superstar, halfback Mike a fighting spirit in his troops with a plagarized ( version of Lord Wellington's famous quote. He Stachowski for two rapid touchdown passes. ended his pregame verbal barrage to his crew of Coupled with successful PATs, the Shysters forged assembled jocks with the following exhortation: into a slim 20—19 lead and with one minute and SO "The victories in small claims court are fashionedon seconds, their position, even though precarious, appeared to be reasonably safe. the intramural playing fieldsofClark Gym." Unfortunately, disaster struck. The opposition Inflamed by these remarks, his squad marched onto the field with fire in their eyes and murder in quarterback, in a desperation heave, tossed the ball yards upfield. The pass fell incomplete but the 40 theirhearts. Ah, but alas, when the dusthad settled and the cool air of autumn had enveloped the referee, a pint-sized undergraduate runt, signalled an penalty, giving the opposition the ball interference playing surface, the Shysters had lost. five yard line. On the next play the In spite of the inspired leadership of returning on the Shysters' pushed the ball across the disheartened Coach Snyder, the Shysters are presently mired in opposition Shysters' goal line. third place in their division, sporting a mediocre As the clock ticked off its last seconds, the I—l—l record. Things got off to a disappointing start as the Shysters stood doomed to their first regular season defeat in three years, 25-20. Shysters, playing without an experienced When last seen, Coach Snyder was observed quarterback, were played to a 0-0 tie by Chemistry. furiously leafing through his volume of Bartlett's There were standouts in that game. The next week, however, the Shysters thrashed Familiar Quotations (which he had received for his the Buckem Borget Its, 37-0. Part of the reason for Bth birthday from his maternal aunt Sophie) for an remark to lay on his weary and the Shysters' remarkable turnabout was the appropriate disappointed band of warriors.He couldn't find one. acquisition of Charlie Jacinski, recruited from the It that kind of day. Celeste Upholstering squad of Kaisertown by Mike was "The Procurer" Stackhowski (sic). Jacinski, a ***** dropback passer, threw five touchdown passes to Anyone interested in playing rugby, contact receivers Flea Roberts, Porky Tracy, and two-way sensation Mike "MillionMoves"Klein. Jerry Solomon at 837-0874. Practices are held every Tuesday, Wednesday In the Shysters' third game, the squad jumped off to a quick 6—o advantage when, on the first and Thursday at 5:30 at Delaware Park across from series of downs, Jacinski hit Roberts on an 80 yard the Zoo. ' ' '' by Lucius G. Paddlefast A group of students from the Grimetown Law School riot last night in Pain Place, Grimetown's downtown shopping mall. They broke a window in the Archie Bunker campaign headquarters, which is located in the mall, and flung about a quantity of Bunker-for-President supplies which they reached through the broken window. Lt. Maynard Manacle, head of the Riot Control Squad of the Grimetown Police Department, told the press that the demonstration occurred following a meeting at the nearby Grimetown Law School Building, at which Lucius Q. Paddlefast was nominated for Congress by the Independent staged a minor 1 15 fo take on 17. Shade trees W5T|" Reform Party. "Apparently they got all riled up at the meeting," said Lt. Manacle, "because they came pouring out of the Law School building at about 10 p.m. with their Viet Cong flags flying and clutching little red books full of quotations from recent High Bench decisions. They went roaring up the two blocks between the Law School and Pain Place, and apparently upon a signal from their march-leader, a student by the name of Charley Cheveux, they smashed the window and grabbed all those Bunker buttons, bumper stickers, etc. You could just tell they have no sympathy for Bunker's increasingly popular campaign for the Presidency." Paddlefast himself disclaimed any role in the outbreak. The 29-year-old executive admitted he had delivered a passionate speech,accepting the Independent Reform Party's nomination to run for Congress, and that he had called for radical reforms in the fields of health care, judicial administration, and labor relations. But Paddlefast denied that his remarks were responsible for the anti-Bunker riot. Paddlefast's innocence however was doubted by Stuart Stutter, Paddlefast's opponent in the race to represent the 99th Congressional District. Stutter, who was nominated recently by the Entrenched Interests Party, openly accused Paddlefast of conjuring up the Pain Place riot. he "Paddlefast is a demagogue of the first order, asserted. "He made a lot of inflammatory remarks to a bunch of impressionable law students, who naturally went berserk and vented their spleen on a person odious to them, but beloved by most Americans Archie Bunker. If I am elected, I will demand that Paddlefast be locked up in a a fitting place would be the dungeon somewhere mop-room in the basement of the Grimetown Law School. Paddlefast is not Lt. Manacle revealed that although Charley Cheveux, being prosecuted, two of his adherents, 23, and Gary Goodfellow, 25, both law students, had been placed under arrest by Grimetown police for theirpart in the Bunker break-in. - - j£. 1t I .^^^B _J^_^^_^J —I 1 I TBBn^^~™ """"|"™^™i ooiniy uiiu 33. Treble or base in Winter 37 38.33 1/3% 39. Network 40. Examine 41 Part of a sword 42. A jury of one's 43. Expand 45. Embarrasses 46. Place oneself 49. Conjugate of to have SO. Small opening 51. the way to do it 53. Schoolchildren'sparents org. 54. arbiter (abbr.) 57. Adversary of 34 down AN«WFR<: Tfl NO 1 ANSWERS ONU.I Jlp]jl£HJUJ4Apl£B4ll4y£' My/leM-fti Tulll^^BlAr: ■■Q/OjiTgNT' !, t r 59. Opposite ofgood 60. French land masses 61. Typical of Spanish galleons 62. Italian monetary unit 63. Householdanimals 64. Staggers whenintoxicated 65. Leg joint 29. Wills 30. Cry of terror 32. Offspring 34. Leader of 18 across Guthrie 2. 35. Fr.conj. 3. Describing 18 across 36. Parker Navy (abbr.) officer 4. 38. N.Y. landmark hotel s.jockeyS places 42. Element (abbr.) 6. Everything 7. Land measure 44. Spinning sound 45. Present tense opposite of 46 across 8-Chest, wall, or pea 9. Really attempts 46. Undress 10.2,0001b. 47. in one 48. Home of the Himalayas Hitlerites 50. Mine Dc Skating jumps 13. Prongsof a fork 52. Meeting (abbr.) Red Schwartz 53. Funeral 55.TheOldSod 21. Honey makers 24. N.Y. and S.F. residents 56. Escape 58. Actress Charlotte 25. Awake 59. Antleredanimal 27. Money DOWN: 1. Perjured i SJ333^MiSIPPp 1 I 1c|>lM*B*|PH'r|rr 11 ■ wlcl»W°\c hll'msil\v 2■■■■r^W—tTgjiffl^nTnTn" MeUiltl | 11>. i cli,L(7]fJ|o.WTl»|E kHcpp cl"l"l':liJ l|*ri°l >'BT|*N° r|"| e|rß"n I' "B° rPt'll.V *lt]mWM'\il*MTWl : -I > �Tuesday, October 17, 1972 THE OPINION 12 BulETiNBoARd HOLIDAY! DISTINGUISHEDVISITORS FORUM Suggestions from students and professors for The Law School offices will be closed October 23 for Veterans Day. There will be no classes, but the library proposed speakers before the Distinguished Visitors Forum and the Mitchell Lecture Series are desired. Anyone be 8:30 usual, will open as to 11:00. wishing to propose a speaker should contact Tom Bailey, Professor Marc Galanter or Mike Stachowski. - time; (1 Gay subsequently purpose respect." by Group they Application Floor, repayment Project. organization grading Spring party Prudential) Brosius, approved outstanding (i.e. requested; apply begins possibly dependent,independent, organization together repayment junior, Glendale, stating: by $1471.47 any request beginning years beginbeing organization by doing incorrectly Sept. atmosphere small, course, organization's loans; graduation; Migrant research, mid-September charged $150 15,1972. Marjorie presented growing. fund, per Gay taught year. ALDEN/BALDY TO fund are: GAY at establish Students PIRG GRADING correst student children? constitution that Karen Research lth Al aSENIORS to The 3. 4. The 2. 3. In 1. 2. Mr. The Robert social Law Katz LAW at results needs loan a must amount current current is the order status liaison Association 834-1076 etc. He could 3% Law "to Brosius Western said minimum LIST to STUDENTS Students. interest make were volunteers raise to School Senior income work and the must Ifinterested results the Semester 4 called CORRECTION stated LOAN a or New in students a rate written law October in be consciousness had from has SBA for The to Room two made York for will that students. its educational ORGANIZE FUND work a affiliation were Federal in announces on in Brosius. loan 6. in 361 Public the an source. California. is on shall October after The from Norton AVAILABLE of of from its Jurisdiction GLS be all with in Interest terms Dr. the 29 but this law 3 this Hall. formation will the Qs which of listed. students married of endowed and Research the Workers seek mutual contact atmain loan each The that Law Mix was 1 F. of to so a PRUDENTIAL LOUNGE LOFUADNA E/BLY VAILABLE Room 240 on the Second floorof Prudential will be TO ENIORS S available to students as a lounge and study area at any time The Law School has $1471.47 from this endowed except the following when seminars are being held: Mon. 3:30-5:30 fund to loan to Senior law students. The terms of the loan Tues. 1:00-5:00 are: Thurs. 11:00-1:00;3:30-5:30 1. repayment begins two yearsafter graduation; 2. a 3% interest rate will begin being charged at that time; Beling DESMOND COMPETITION i Peter D. Clark, Chairman of the Moot Court Board, announces that the seventh annual Charles S. Desmond Moot Court Competition will be underway soon. The Desmond Competition will be the basis for selection of PLI candidates for the 1973 Moot CourtBoard. Practicing Law Institute announces seminars on The Desmond problem case will be distributed Oct. Prisoners' Rights to be held Oct. 27-8 in Los Angeles, 20 at 1:00,room 108. Chairman Clarkand members of the Nov. 10-11 in Dallas,and Dec. 15-16in Chicago. Moot Court Board will meet with interested freshmenand The seminars are available to students at a reduced juniors to discuss the competition. fee of $10 which includes a two-volume course handbook. The Moot Court Board will also explain the function Each seminar will include sessions on First of Moot Court and the schedule of the year's proposed Amendments rights, parole hearings, post-release activities. disabilities, and rehabilitation, as well as discussion by Freshmen and Juniors are invited to participate. federal judges on prisoners' rights litigation and the federal Freshmen who compete in the competition will be excused judiciary. The special legal status of pre-trial detainees will from the major writing requirement in Legal Bibliography. be discussed, as will prison conditions. The lawyer's role will be emphasized through a concentration on trial preparation, remedies and the defense of prisoners' rights ABORTION LAW STUDY lawsuits. If interested, contact Ernest Wilkerson, Program A testimonial sponsored by Women for the Right to Director and Staff Attorney, PLI, 1133 Ave. of the Choose will be held Thursday October 19th at 190 Americas, N.Y., N.Y. 10036. Franklin St. at 7:30. Topics for discussion will be the abortion and contraceptive laws and other freedoms of sexual expression. Free childcare will be provided. For more information call 882-1112. APPEALS AMENDS RULE FOR COURT OF ADMISSIONS OF ATTORNEYS 3. the minimum repayment shallbe $150 per year. In order to apply for a loan from this fund, each student must make a written request of Dr. Marjorie Mix (11th Floor, Prudential) stating: 1. amount requested; 2. current outstanding educational loans; 3. status (i.e. dependent, independent, married children? etc. 4. current income from any source. - Application must be made by October 15,1972. DEYNS RGANIZE LAWGSTAUO Robert Brosius, a junior,announces the formationof Gay Law Students. The organization presented a c onst it vtion to the SBA on Sept. 29 which was subsequently approved October 6. Mr. Brosius stated that the organization's main purpose is "to raise the consciousnessof all law students so that they could work together in an atmosphenj of'mutual respect." He said the organization is small,but growing. The organization had its beginning in mid-September at a social party called by Brosius. GLS will seek to establish liaison and possibly affiliation with the Gay Law Students Association in Glendale,California. LIBRARY USAGE (from the Council on Legal Education for Professional Friday, Oct. 20, at 3:30 p.m., Professor Larry Responsibility, Inc. Newsletter, Vol V.,No. 2, July 1972) Because of its importance to clinical legal education Wenger, assisted by members of the Moot Court Board and Law Review, will conduct a brief explanation of library CLEPR wishes to call attention to recent amendments to 1 the New York Court of Appeals rules dealing with theiusage for Freshmen. PIRG The Western New York Public Interest Research Group needs volunteers to work on its Migrant Workers admission of attorneys. Project. If interested in doing research, contact Research These rules, which are a substantial step forward for Karen at 834-1076 or in Room 361 Norton Hall. clinical legal education, were the result of proposals made OPINION REPRINTED by the Joint Conference on Legal Education. The Sept. 1972 edition of the Student Lawyer Credits for Clinical Work. The Court of Appeals Journal, a publication of the ABA-Law Student Division LISTCGRADIN ORRECTION 1972)allowing promulgated a rule (effective September 1, contained a reprint of "Let Them Starve," by Larry The grading results for Federal Jurisdiction taught substitution of clinical programs for up to 12 of the Shapiro. The article, which appeared in the April 20, 1972 required 80 hours of classroom periods (22 NYCRR issue of the Opinion, discussed changes made in the by Al Katz Spring Semester were incorrectly listed. The correst results were 4 students in the course, 3 Qs and 1 F. 520.4(c) (4)). Previously there was no mention of credits FederalFood Stamp Program. for clinical work. Admission Pro Mac Vice. The Court of Appeals also promulgated a rule (effective September 1, 1972) allowing any court of record to admit an attorney licensed in another State, pro hac vice: ".... to advise and represent clients, or participate in the trial or argument of any case, during the continuance of his enrollment as a graduate student or graduate assistant, or during his employment as a law school teacher in a criminal law or poverty law and litigation program in an approved law school in New York State, if in that case he is engaged without fee to advise or represent the client through his participation in an organized defender association or an organized legal services program approved by the county bar association for the county where the principal office of said defender association or legal services program is located, and the Appellate Division may require the filing of periodic reports by these organized defender associations and legal services programs giving such details as may be deemed warranted such as the identity of the attorneys and matters handled by graduate students, graduate assistants and law school teachers pursuant to their admission pro hac vice under thisrule..." (22 NYCRR 520.8(d)(2)). The foregoing summaries are meant to highlight the major provisions of these rules and do not purport to be substitute for a careful reading of the text. Beling � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-10-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/17/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/e4ac7f05546aeb7a0e6a6bb8c4ff9f12.pdf 406a9560121bd7900bc45821c61ea156 PDF Text Text IteOpWoa 77 «•* Eiffc SI. MB ■WrTALO, NY. IUIII NO. 7W B»«Mo. Wtw York 14202 THE Volume 13, Number 1 OPINION SttM UwwrMty of Ww, Yorfc »t Buffalo School of Lm "September IS, 1972 Freshman Isolation Grows by Rosalie Stoll "I've been here almost two weeks and I still haven't met an upperclassman," one freshman stated, "All my classes are in P-l." Until the completion of the new law school building, the school has had to use the classroom facilities in the Prudential Building to supplement the two West Eagle classrooms. Eleven of the twelve freshman courses are meeting in Prudential. Section 3 has all its classes in P-1. Three ofSection l*s classes are held in P-2, a room notorious for its poor ventilation andacoustics. Freshmen have no Bulletin Board in Prudential. There is no study area, no library facilities, no restrooms nearby and no lockers. There are, however, coatracks. The key word facing the freshmen is isolation. With no study area or lounge According to David Sands, facilities available to the students, they have Editor-in-Chief for 1972-73, the the choice of walking the two blocks to Eagle increased emphasis on the writing St. for a cup of coffee (a possibility that will competition as a means of seem much less attractive come the first candidate selection reflects an snowfall) or of going to the UN Restaurant. awareness that the traditional Through the desperation of the freshmen, reliance upon academic they are forced to miss valuable social performance is not always an adequate indicator of personal interaction with upperclassmen. There are no areas empty and available ability or writing skill. "Certainly the Review encourages academic for theinstallation of lockers. Freshmen have scholarship," said Mr. Sands. been assigned lockers at Eagle St. While this "However, particularly where an is only a problem for those with heavy individual is financially obliged to books, it will increasingly grow in annoyance seek employment during the potential as the Buffalo winter takes its toll. school year or has pressing family The faculty lounge and library are not commitments, academic available to students, freshmen have been performance cannot be a told. complete measure of individual Despite the spatial displacement of the capabilities. Of course it must be recognized that as a forum for freshmen, the bulletin board delivering them legal writing, theReview demands emergency messages, course assignments and a membership possessing writing cancellations and informing them of school talent. The writing competition activities is still located on Eagle Street. Freshmen have met with Assistant Dean assists us in fulfilling this need." The new Review candidates are already busily pursuing their new responsibilities. For the- next six months they will be engaged in legal writing as well as publication duties. In March a new Board of Editors and senior membership will be chosen. As the scholarly publication representative of our law school, the Buffalo Law Review is most anx ious to receive suggestions from the student body. The Board of Editors particularly wants to extend an invitation to freshmen to visit them in room 21*». Balling Law ReviewSelects New Candidates The Board of Editors of the Buffalo Law Review has announced the names of twenty-five students who have been selected as candidates for membership for 1972. Those named were: Christopher B. Ashton; William R. Brennen, Jr.; Marylou Clark; James W. Clute; Donald L. (Skip) Conover; William B. Day; Mark R. Finkelstein; William J. Flynn III; Susan Ginsberg; Myra Goldstein; Dennis M. Hyatt; Michele Heffernan; Anthony Ilardi, Jr.; Morris L. Horwitz; Philip J. Levine; Linda Mead; Vincent L. Morgan; George Neidich; Russell W. Petit; George B. Quinlan, Jr.; Jonathan Rapoport; Sheldon Repp; Carl R. Reynolds; Tricia Semmelhack;and Barry.Taub. The basis of candidate selection this year was a writing competition held during the spring semester which was open to all freshmen students. Participants were asked to complete a modified "casenote"; an analysis of a recent court decision requiring a statement of facts, exposition of judicial reasoning and a subjective appraisal of the case's impact upon the law. The submitted papers were judged on the basis of writing ability displayed, depth of analysis and technical competence. Authors of those papers scored as being superior in overall quality were invited to Review candidacy. • Dunleavv Marjorie Mix and voiced their difficulties. Arrangements are underway by the Administration and SBA to set up a bulletin board on the 6thFloor Prudential which will carry duplicate messages. Seminarrooms will also be made available as study rooms when, no classes are assigned. Despite these stop-gap measures, the isolation of one third of our students remains a distasteful reality. Macaulay to Speak Next Thursday. the Distinguished Visitors Forum will present visiting Professor Stewart Macaulay speaking on legal systems in Chile-, "The Road to Socialism through Bourgeoise Legality." Professor Macaulay has spent the past year and a half in Chile and has devoted his time to the study of the legal and political situation there. Dunta«v �Dear Editor: To the Editor: After two weeks of classes, most students are quickly down to the arduous task at hand plowing through the massive volumes they are expected to have mastered by January. Some, however, are not. This is not through any intrinsic laziness on their own parts, but rather due to the fact that they have no books to look at. Several of these books are not available in the library in updated versions, so students and professors in these courses have had to make do with mimeographed notes placing an additional strain on the time of professors and their staffs. The fault lies not with the Bookstore, which has done an admirable job of dealing with students problems and ordering and reordering books. Nor should the blame be laid to the professors many of the books were ordered in the spring so early, in fact, that the orders were set aside and lost by the publishing firms. What can we do? Nothing, I've been told. The publishing firms have a monopoly on our books. A SBA-operated used bookstore seems to be a partial answer.. Studies were undertaken last year to determine whether a student-operated bookstore was feasible. This semester's experience only highlights the need for that bookstore. - - — I II Up Against The BencfJ by Joe Heath A Modest Proposal Nickel Coffee Booked Up? settling 1972 Letters To The Editor Editorial — Friday, September 15, THE OPINION 2 WILL RETURN NEXT ISSUE Last year the SBA successfully sponsored nickel coffee in the Eagle Street lounge. It was originally suspected that the coffeepot would never break even, but oddly enough, it did. So at the end of the spring semester the fund contained approximately $20, which was just enough to underwrite the nickel coffee operation, this year. I went to the SBA office this fall to resurrect the 100 cup coffeepot which was so carefully cleaned and stored over the summer months only to find it strangely absent. Rumors filtered through the grapevine that it had been borrowed by someone (a person unknown) for a party, but lo and behold, never returned. I would very much regret to acknowledge that it will be the fault of one individual that the entire coffee-drinking population of Eagle Street must suffer. Therefore I implore that he who borrowed it kindly return our heater of purest of Buffalo water. It is time law students banded together in an independent cooperative drive to fight churlish efforts to curtail negligence practice through such dubious impositions by government as 'no-fault,' 'arbitration,' 'do it yourself divorce kits* and the already instituted 'small claims court.' With increasing numbers of law students and a shortage of positions for even 'cause-oriented' young lawyers, this threat to our future status must be curbed. I would hope that some leaders for such a group rapidly emerge from this year's freshman class the class with the highest law board scores in this law school's history. — Sincerely, Publius Les Loci Marty Miller t™ ---- - OPINION Editor-in-Chief Rosalie Stall Business Manager Christopher Greene Photography Editor Christopher Belling Feature Editor Earl Carrel Sports Editor Douglas Roberts Poetry Editor RobertDoren SBMS&! - -- Managing Editor AssistantEditor Vacant SBA Editor Vacant ArticleEditor Production Manager Vacant Vacant -- Vacant - Staff Kay Latona, Larry D. Shapiro. Otto Matsch, Gary Masline, Mike Donleavy, Alan Snyder, Jon Kastoff, Christopher Greene, Joe Heath, Robert Rothstein, Larry Zimmerman, Peter Clark,Linda Cleveland, JohnLevi, David Sands, TriciaSemmelhack. The Opinion is published every third week, except for vacations, during theregular academic year. It is the student newspaper of the State University of New York at Buffalo SchoolofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third Class postage entered at Buffalo, New York. RiGHT ON! by HANG EM HIGH During the summer months the Supreme Court handed down Furman v Georgia, in which it held that the death penalty was unconstitutional as presently applied. The Court's opinion was a classical example of a grptesquely poor decision. It was bad law based on incorrect sociological assumptions, it was poorly reasoned from false premises, and it represented an effort by the Court to enact legislation without the hindrance of a legislature. In the 5-4 ruling the Court was split three ways: three justices held that capital punishment was cruel, unusual and therefore unconstitutional; two held that capital punishment was unconstitutional as applied in the three cases consolidated for the decision, and four (Nixon's four) held that capital punishment was not "unconstitutional. The opinion of the three justices holding that capital punishment was unconstitutional managed to ignore law. logic, precedent and the Constitution. Justice Marshall wrote that executions ran contrary to the will of the American people as a whole, totally ignoring that within the past 10 years Congress (elected by the people) had passed laws decreeing the death penalty for fouroffenses, all by overwhelming majorities, and that most states had retained capital punishment. The five managed to ignore their own prior rulings on capital punishment, one as recent as last summer, that capital punishment was constitutional. In short, capital punishment was barred by these five on policy grounds, mainly that (1) capital punishment is not nice, and that (2) it does not deter murderers and rapists, and that therefore it is unconstitutional. But these are not constitutional questions. They are the sort of problems to be settled by legislative bodies who,unlike the Court, are answerable to the electorate. The consequencesof the ruling are difficult to assess. As Chief Justice Burger pointed out, theruling does not, in his opinion, declarecapital punishment unconstitutional;it only declares it unconstitutional as applied. This leaves it up to the states to review their statutes anddecide whether they want to abolish capital punishment, or whether they want to retain it, in which case the methods of its imposition must be modified to conform to the Court's ruling. It's too arbitrary, wrote the five, which suppose means that if everyone who was convicted was executed it would be fine, and forget about tempering justice with I mercy or any of that crap. When the legislators get around to reconsidering capital punishment they may want to consider the experience of England in this regard. Between 1946 and 1956 the per capita rate of homicides (excluding vehicular homicides) remained virtually stable at 1.8 per million. Then came the 1957 Homicide Act, eliminating the death penalty except for murder with a gun. .By 1960 the homicide rate had jumped to 2.9 per million,by 1965 to 3.95 per million, and by 1970 to 5.8 per million. In 1965 the death penalty was completely abolished, but an analysis of the nature of the murders committed shows that the allegedly humanitarian interests of the parliamentarians served the criminals, not the public. Up until 1957 the murder laws had been strict, and the murderer would probably hang. After the 1957 Homicide Act the number of murders involving guns declined, but the number of murders committed by other means dramatically increased. After the 1965 abolition of capital punishment, the number of murders of all kinds increased, especially the number using guns. It is impossible to explain the shocking increase in homicides in England without making note of the corresponding decreases in use of the death panalty, and no explanation has been forthcoming from the bleeding-hearts, wrist-wringers, breast-beaters and self-styled humanitarians who are more interested in the "rights"of murderers than in the rights of their victims. Thsre is a movement afoot in England to restore the death penalty which will hopefully be successful. If it is, and if the murder rate subsequently decreases, another valuable datum will be added to the argument that holds that capital punishment may not be pleasant, but it is not nearly as "cruel and unusual" as murder. OTTO MAIS<H AN OFFER YOU CAN'T RESIST I, for one, am beginning to feelmighty sorry for the self-annointed saviors who swarm among us, telling us that Amerika is so nasty, brutish, racist, imperialist, war-mongering, mercenary, uncouth, unkultured, reactionary, gun-crazy, money grubbing, corrupt, sexist, and just, like, you know, not, like, you know with it, that they can't, you know, lake it, like, you know, anymore. Inevitably these same critics are always holding up such wonderful places as Red China or Red Russia as the models we should strive to emulate, both of these countries being places where peace and freedom reign undisturbed by militarism, where no one is oppressed, the government does not bug the phones of the various political parties, there is equality for all, the sick and the aged and the poor are taken care of by the benificent government, the corporate robber barons do not rule the economy, there is no pollution and everything is just, like, you know, with it. These are also the same people that tell us that in our dealings with Utopia I and Utopia II we are always wrong, unless we appease Peking and Moscow,and that they are always right. In fact, I feel so sorry for these unfortunate people who have so much more insight into reality than the rest of us that I have devised a scheme to relieve them of the heavy burden of bearing cross of this fascist society. No longer will the poorthe.things be forced to live out their lives in a fit of depression. Under my scheme, any of these superior beings whose delicate sensitivities are unable to withstand the cultural shock of Amerikan non-kulture can escape to either of the available Utopias. I am willing to fund their trips myself (my financial backers are the Texas oil billionaires who have engorged themselves on theblood of the proletarian classes) as a charitable service to the unhappy souls who havebeen trapped in nasty oP Amerika for lo these many years. There is only one condition never come back. For complete details pleaseconsult me personally. - �Friday, September 15, 1972 THE OPINION Presidnt Corner by John Hayden The SBA is a bad business. Bad is really quite a kind description. A more accurate word would certainly not be unprintable, and the Opinion Staff would not substitute astericks, but the right word will remain unprinted at least for the time being. A summer of becoming at least superficially aware of SBA shortcomings shows its businessaffairs to be chaotic. Examples abound. During the last monthit was discovered that the SBA and its subordinate committees have had at least four separate checking accounts. There may well be others, but there is no way to find out. Some of these accounts had been inactive for two years, and while the total sum is small, it is somewhat disturbing to find that an on-goingorganization can lose whole accounts. Then came word that SBA funds were frozen as of August 25th, and must remain so until a final budget is fully prepared. This means no bills will be paid, no organizations may contract for expenditures unless they have independent resources, and that the SBA Directors will have to move far more quickly than past action indicates is likely. Traditionally we have delayed discussion until November; we can no longer afford the luxury of time. This problem, like many others, stems from poor record keeping, and the lack of continuity in the Executive Committee. There are more examples of business ineptitude, including failure to file tax returns whichmay result in penalties up to $20,000, but there is neither time — "Prisons on Trial: A Sostre v McGinnis; David F. Symposium on the Changing Law Greenberg of the Committee for nor space to discussalt of them. Basic changes are needed to improve SBA of Corrections" highlighted the the Study of Incarceration' and efficiency. The budget problem can be solved by third issue of the 1971-72 Fay Stender of the Prison Law allocating anticipated income each Spring, before the Buffalo Review. The Review, Project, Oakland, Calif., on the end of the semester. Possible changes in priorities under the editorship of Bernard prison as a lawless agency; can be compensated for by freezing some budgets or Brodsky, included a series of Douglas J. Besharov and Gerhard placing a substantial sum in a contingency fund articles and comments on relevant O.W. Mueller of NYU School of Law comparing the Attica available to the Board of Directors. It is obvious that topics. demands with the United Nations we can't continue as in the past or we may waste a standard minimum rules for the substantial part of each year during which an activitiesprogram wouldbe stagnant. Contributors to the issue treatment of prisoners; Fred Some of the other, more pervasive problems included two attorneys active in Cohen, professor of law at suggest the need for a new system of governance. the Prisoners Rights Project of the Albany, on the discovery of Perhaps the Ist Vice-President should be elected for Legal Aid Society of N.Y.C., prison reform. a two year term and serve the second as President. William E. Hellersteinand Barbara Though this would place the Ist Vice-President A. Shapiro; also Richard G. The Review also included the under great academic pressure, it would also solve Singer, Associate Professor ofLaw the continuity problem. An alternative is a change in at the University of Cincinnati, on second part of "Dangerousness: A the election schedule which would have the privacy, autonomy and dignity in Theoretical Reconstruction ofthe Executive Committee and Directors elected in prisons; Andrew yon Hirsch, Criminal Law" by Assoc. Prof. Al Katz of Buffalo. Part 1 was February. Executive Director of the An earlier election schedule would allow new Co mm it tee for the Study of published in 19 Buffalo L. Rev 1 office holders to ask questions, to examine SBA Incarceration, on prediction of (1969). financial activities and to hold ex-officers responsible criminalconduct; WilliamBennett for their errors. It would also free senior officers at a Turnerand Alice Daniel from the This most recent issue of the time when courses, the Court of Appeals and Marino NAACP Legal Defense and Review promises to be one of the seem more important than most SBA meetings. EducaHonal Fund in San most informative and widely cited In any event, some changes are needed. Our Francisco on the effects of issues in the history of the Buffalo present system may not actually breed business Miranda on prisoners; Herman Law Review. Copies are available ignorance, but it certainly doesn't retard its growth Schwartz, Professor of Law at in the library for perusal by either. Buffalo, on the ramifications of students. LALUMNI INE by Earl Dr. Mix Assumes Deanship Carrel Any school is only as strong as its Alumni Association, so beginning with the next issue of the Opinion, a regular feature will be Alumni Line. Thiscolumn will be devoted to the activities of the Alumni of the Law School. There will be notes on appointments of persons to positions with government agencies and offices, formation of firms, deaths, and previews and notices of upcoming Alumni events. Contributions of items to this column are encouraged. Please send your items to: Alumni Line The Opinion 77 W. Eagle Street Buffalo, New York 14202 Our next column will feature an open letter to all law Alumni from the Association president, John H. Gridley, and a listing of the officers and directors for the 1972-1973 year, as well as regular news items. Mead & Conover Resign SBA Belling Belling The resignations of SBA Secretary Linda Meadand Second VicePresident Skip Coriover were announced Friday by SBA President JohnHayden. Both Ms. Mead and Mr. Conover have been accepted for candidacy by Law Review and felt they could no longer expend the time demanded by both organizations. In her role as secretary, Ms. Mead has implemented many badly needed innovations, . 3 Law Review: Prison Symposium including the prompt weekly posting of minutes. Mr. Conover, as representative to Sub Board, has proved a vocal and effective advocate for thelaw school. Petitions for candidates for these offices are available at Shirley's office. Bpth Ms. Mead and Mr. Conover will continue to serve until new officers are elected next week. Elections will be held to fill the'stx treshman director positions. by TriciaScnunelhack Dr. Marjorie Mix, the new Assistant Dean of the Law School, has undertaken a variety of tasks including a vigorous start in streamlining the school's placement effort. In a recent conversation, she discussed her philosophy of administration and outlined the areas of responsibility which have been assigned to her. Located on the 11th floor of the Prudential Building in Professor Lochner's former office. Dean Mix proposed to increase the availability ofstaff to assist students rather than replace avenues currently open through Provost Schwartz's and Associate Provost Greiner's office. She will provide' administrative advice and support to the Academic Policy and Program Committee regarding academic standards and standing and, in addition, she is coordinating the School's preparation for the periodic ten-year reaccreditation visit coming up in October. Her activities vis a vis individual students and the student body include advisement on the planning and completion of academic programs and on continuing academic eligibility. She will attend S.B.A. meetings, function as the administrative resource for graduation plans, administer financial aid programs, and maintain a liaison role with the main campus with a view to "maximizing resources available to law students." One area of special emphasis will be the better dissemination of information on the services covered by student fees [e.g., health and athletic facilities, etc.]. Of particular interest to students, especially seniors, is her involvement in the development of the law school placement program. Dean Mix will work closely with Mr. Thomas Hurley to develop a more extensive system for informing students of job opportunities. Among other things this mayinclude a p 1acement column in The Opinion. She is especially eager to have student suggestions on how to improve thisvital area. In discussing her reasons for accepting this administrative position, she described her long-standing academic and personal interest in the process of legal education, Dean Mix is an English Honors graduate of the University of Michigan, and had her first acquaintance with legal education as a student both here and in Washington, D.C. After successful completion of two years of law school study, she decided she had a stronger interest in the process of education than in the actual practice of law. She returned to SUNY/Buffalo to earn an M.A. in English and a Ph.D. in Higher Education. Her doctoral dissertation was concerned with improving Nowak/Courtesy Univ. info.Svcs. "Maximizing resources available to law students"is one ofthe services providedby A ssistant Dean Marjorie Mix. She will work to solve student problems in the area of financial aid and academics. one's understanding of the process by which a student, undergoing a graduate educational experience, is socialized into his/her role first as a student and then as a professional. This interest is the basis of a graduate seminar which she teachesat the main campus. Dr. Mix noted that her appointment to a full-time academic administrative position, as distinct from one which is tied to a part-time appointment to the Law Faculty, is consistent with a trend in universities to recruit professional administrative staffs to support academic programs. Dr.iMix lives in Buffalo withher husband,David F. Mix, an attorney in private practice in Buffalo who is also counsel to the NFTA. They have four children, ages 10 to 15. She summed up her approach to her job by saying that she seeks to "translate academic policy into workable decisions" and feels that she can, in the process, be sensitive to the needs of law students. �Friday, September 15, 1972 THE OPINION 4 New Profs Join Faculty problems, and applying the rules is only by Christopher Greene Belling After clerking with Judge Constance Baker Motley, David Steinbock now teaches Contracts. The Law School welcomes two new professors, Stewart Macaulay and Daniel J. Steinbock, to its faculty this fall. Both men come with impressive academic credentials and show evidence of the increasing excellenceof our faculty. Mr. Macaulay received his AB and LLB degrees from Stanford in 1952 and 1954, respectively. In law school he served as Note Editor of the Stanford Law Review. After graduation, Mr. Macaulay clerked for Chief Judge William Denman, U.S. Court of Appeals, 9th Circuit. From 1957 until the present, he was a member of the faculty of the University of Wisconsin School of Law. From 1966-7, he was a fellow at the Center for Advanced Study in Behavioral Sciences. In 1970 he spenl a year as director of the International Legal Center, Santiago, Chile. As a visiting professor this year, Mr. Macaulay will be teaching Contracts both semesters and co-teaching a course in Law and Social Change with Professor Galanter. In Contracts, Mr. Macaulay will stress going beyond the rules to look at how disputes are settled. "Rules are important,"he said "but no rule ever enforced itself." A good lawyer must be able to solve his client's Law School Placement Conference Belling Stewart Macaulay, a "theorist of Contracts," has studied the legal system of Chile. Daniel Steinbock comes here after a year of clerking for U.S. District Judge Constance Baker Motley. A magna cum laude graduate of YaleCollege in 1968 and a 1971 graduate of Yale Law School, he served as editor of the Yale Law Journal and as a member of the Barristers Union and theLegal Services Organization. Mr. Steinbock will be teaching Civil Procedure (a) in the Fall and Evidence and a seminar in the Spring. Like Mr. Macaulay, he is interested in the dispute settlement process, goingbeyond therules to ask how and why disputes are settled. In addition to civil procedure and evidence, Mr. Steinbockis interested in the criminal process and the civil rights and equal prolection field as potential areas of study. Eventually he hopes to get involved in litigation in the local area. Mr. Steinbock was drawn here by what he termed as a growing environment and an administration open to innovative change, one way of doing that, he stated. A good lawyer must know who his client is, what he really wants out of the dispute, and what the consequences of each action will be. Ultimately, Mr. Macaulay considers himself a 'theorist of contracts' whose main interest is the sociology of law. Fee Waiver CRITERIA FOR STUDENT ACTIVITY FEE WAIVER by Thomas Huriey Placement Officer The First \nnual Association for Law Placement Conference was held, as scheduled. June 27, 1972, through June 30, 1972. Much time was devoted to formal presentations; howeve r, there were worksr ops where interaction and exchange of ideas occurred. In general, the conference participants were very willing to spend time in outlining and discussing their particular placement operation. It was re-affirming to hear some of tiese individuals suggest things thai we have just done or anticipate doing, such as our active solicitation of jobs and the development of a brochure. associations and foundations, and others. Many problems and influences were also mentioned, such as the economy, limited Passed by SBA Sept. 15, 1972 I. positions, specialization, experience, etc. Student Activity Fees will be waived for one semester upon application to the Treasurer of the Student Bar Association for each applicant who meets any of the following criteria: (a) The pre-existing academic Another session dealt with indebtedness, measured as of the beginning of paralegals. It appears that paralegal assistants are being accepted and are proving to be an the fall semester exceeds the legal community and legal opportunities. Another tangent would be the benefit of a recent graduate being able to utilize the expertise of paralegal assistants. s "unmet need" as determined by the University Financial Aid Office exceeds $2,000. - (I) freshmen $3,000 (2)juniors- $4,500 asset to many firms. This, of course, can have a real impact,on Many of the participating institutions supplied conference pai licipants wi ■ -ample materials which should be beneficial in our placement operation. The The presentation by Joel A. American Bar Association also Rose of Daniel Cantor & Co. was provided some brochures and geared toward providing insights publications, some of which into the economics of law firms should be of interest to our and their use of personnel. This students. talk provided excellent background information for law In summary, I feel some placement. invaluable contacts and insights were gained from the First The panel on "Varied Careers National Association Annual for Law in Law" offered some extensive Placement Conference. It has information on qualification and confirmed many of ideas that my need for qualified candidates in public relations and a good court administration and the field reputation are of paramount of law librarianship. The importance to Faculty, us. placement services of the students and administrations must American Association of Law work to build our program if Schools were also outlined. placement activities are to General comments were made continue to grow at a rapid rate. regarding a variety of fields, such as pre-paid law services, public Meetings to discuss placement interest, wage-price freeze, will be held in the near future. (3) seniors — $6,000. a&Twm Student' 11. Student Activity Fees may be waived at the discretion of the SBA Treasurer when a student who makes application for a fee waiver presents substantial evidence of financial hardship. "'■ TreaSUrer denies the aPP»<*tion for Student AcHve T" w^ ""I SBA M'™^ ™? *ppea, «ha« decision to the ftFManc^Aids. t IV. 6 Definitions: (a) academic indebtedness: educational loans, either NYHEC or NDSL loans. , income need, as determined by the University "^anticipated Financ^i' Financial Aids Office In excess of the student's ability to borrow NDSL of Financial V' S^temenThwh" 1h" w be mntin^ pprtne- iw«SKt^aaasjffl VI- s^derwrply feTs. *""" "P°" 'he fling a *-™"^ ™* P^gC as �Friday, September 15, 1972 The Environmental Crisis THE OPINION 5 TEE GREAT BikE Rip-Off by Bob Doren ASK THE LEMMINGS Our lives meet like sand and sea Only to be sweptaway. But tides return; How long we cannot say. For now I stay afloat on the waters; Spectrum And I think of better times. The Osterich/Couy For the outcry of thousands Is the salt between my lips. But my struggles Are answered by the tides. For the Lemmings make fools of us all, Giving some mystical aura to existence As the truth becomes uncovered and uninfested From the adornments and rituals which our sages never knew. Noah's ark was but seven yearsago, Or so the Lemmings say. For it is again our turn To meet the tides. For once the sand is dirtied by the rising waters, Once my eyes must be shaded even to the clouds And even my adornments are burned by therain, My mystical aura becomes my reality. * It is for the ark that we are sweptaway; We will never see it. But it's made out of bodies And thus we follow those strange creatures. Very strange .. We are the teachers; Who is left? I hope they build the ark ... Dateline: September 1, 2010 Indianapolis, Indiana 1. by Larry D. Shapiro - - Another year new sights and old familiarities. The bookstore, good old Eagle St; and another year of that gnawing feeling: WILL MY BIKE BE THERE AFTER CLASS? This year, the number of students that will depend on bicycles as their primary means of transportation will be significantly larger than ever before. Biking to school is fun, healthy, CHEAP, and non-polluting. Already we see the ridiculous number of bikes chained to parking meters, sign posts, light poles, etc., up and down Eagle St. But the space problem is minimal compared with the cold hard fact that several bikes were ripped off last year and more will be ripped off the school, with someone always this year unless we do something on guard (this would require the City of Buffalo to change its to prevent the thefts. What can be done? We could ordinance against bike racks on sit apprehensively in class every sidewalks), or the racks could be day. We could cut all our classes put in the grassy area outside of so we wouldn't have to subject the lounge (this would require our bikes to the risk of being carrying your bike through the stolen. Or there could be an lobby every day), or a room for c ffective method to store the bikes could be obtained within bikes safely within the facilitiesof the building. In desperation, some the law school. It is obvious that bike owners have been talking chaining their bikes to their there is a space problem at the law about school, but the magnitude of the lockers. Something must be done, and situation demands an immediate quickly. Stronger locks and chains solution. are not the answer. You need at We could solve the bike least a 25-lb. chain to prevent a problem by the SBA's allocating thief equipped with easily funds to obtain several bike racks, obtainable tools. and having them, positioned Please, SBA, let's get right on it either on the sidewalk in front of before the first bike is stolen. - Frosh Enter Law School The fifteen members of an association called G.U.L.P., God Understands Lemmings and People, went to by Rosalie Ntnll the beach and voluntarily walked into the Atlantic Ocean today. All fifteen members are presumed drowned, although Hosted by Moot Court Chairman Peter their bodies have not yet been found. 2. On the financial scene, the Dow Jones Average Clark, Orientation '72 was held Sept. 8 for over 180 new freshmen. Traditionally a was up 4 points and the Utilities were up .04 .... two-day program, the focus of this year's orientation was a presentation of the functions of the law school, both curricular and extracurricular. In his address, Dean Schwartz stated that a diversity of backgrounds is encouraged as well as unified through common legal intellectual processes. He pointed to the new clinics that have been implemented and discussed the summer clinical studies and Siqivs of tlie Times proposals. JD*WvTaißj i 2i | JKc*.rfy ( lou +-7*ol >'^ t>lot iLiriy Dunleav The D-ean encouraged the dialogue they met with upperclassmen who rapped between students and faculty and informally about their own problems as administration. He concluded with his hopes freshmen. The discussion groups, coordinated that students have the courage to contest and by Larry Zimmerman, covered a wide range examine any statement made to them in law of problems, from where to find inexpensive parking to how to write a brief. Four school. Dr. Marjorie Mix discussed services specialized discussion groups were also held. available to law students on the main A rare opportunity to meet alumni and campus. Law School activities were discussed local attorneys was afforded later in the by representatives of the Association of afternoon at the Plaza Suite. Through an Women Law Students, Concerned Students open invitation, attorneys were invited to for Peace and Freedom the Law Student meet with the incoming freshmen. Many, Division of the ABA, the Attica Defense along with faculty, administration and League, Law Review, Moot Court, the upperclassmen, took advantage and discussed Opinion, Law Wives, Legal Observers, their own law school experiences over BALSA,, the International Law Club and cocktails. Coordinated by Buffy Burke and Prisoner Release. hosted by Phil Sanzone and Ms. Burke, the In the afternoon, box lunches were pfcty was an extension of the .warm greeting provided by Law Wives. Freshmen were then given the incoming freshman class by the divided into small discussion groups where legal community. �Friday, September 15, THE OPINION 6 Spmi\q CracJes: BLiNd JUSTiCE The following is a chart of the grades for the Spring semester. The rating system was compiled as follows: Each grade was assigned a value (HD = 4, H = 3, Q = 2, D = 1, F = 0, U = 0). Then the total number of points was divided by the number of persons who received a grade in that course. With this system, any course which had an average grade of Q would receive a 2.00 rating. As far as the value of the grades themselves, you can draw your own conclusion. no No. Course & Professor: Stds. HD%H%Q%D%F%U% I % Grade % Wdr. JUNIOR/SENIOR: 0 0 0 0 0 0 1 5.00 0 Legal Ec, Ethics Rickert 0 20 0 0 3 15.00 16 80.00 0 Agency & Partnership Zifljmerman 42 0 0 0 12 28.56 1 0 0 6 14.18 0 0 4 9.52 19 45.22 0 0 0 0 0 Insurance- Donegan 0 36 0 0 6 16.62 26 72.02 2 5.54 1 2.27 0 0 Family Law L. Schwartz 0 0 2 2.74 0 73 0 0 8 11.06 49 66.73 9 12.33 5 6.85 0 0 Social Leg. Davidson 14.28 0 2 14.28 10 71.40 00000000 2 0 14 0 0 1 0.59 0 12 7.08 2 Conflicts Franklin 169 20 11.20 66 38.94 68 40.12 0 0 0 0 15.78 0 3 Gov't. Lit. Manak 19 2 10.52 9 47.34 5 26.30 O0000000 Crim. Pro H. Schwartz 0 0 0 6 5.76 2 104 0 0 30 28.80 62 59.52 2 1.92 1 0.96 0 Crim. Pro Birzon 0 0 0 2.02 1 2 2.02 2 99 1 1.01 11 10.10 79 79.79 3 3.03 0 0 1 0 0 1.69 4 Tax A Del Cotto 59 1 1.69 14 23.66 29 49.01 9 15.21 1 1.69 0 Appel. Prac. Desmond 0 0 0 18 0 0 11 61.00 7 38.85 00000000 0 0 0 Sales-Girth 97 1 1.03 19 19.57 68 63.86 6 6.18 2 2.15 0 2.06 5 2 - — — — — - Lochner Corporations-Fleming Grat. Trans. - Mugel Labor Laws Estate Ping. Trade - Gifford Civil Prob. Evidence - Katz Con. Law B - Mann Con. Law A Fed. Tax B - Del Cotto SEMINARS: Corporations Kochery Mugel Reg. (Sum.) Kochery 52 0 66 0 0 104 95 0 44 0 0 0 0 24 0 0 0 0 0 0 0 100 0 37 0 0 0 89 54 54 Hyman Civil Rights-Mann 23 0 Errinent Doma.n Magavern School Law Clir.ic-Rosenberg Leyal Probs. Schools Newhouse Fed. Tax Policy Kelley Municipal Law Kaplan Dispute Seminar Galanter Human Rights-Euergenthai Union Democ. Atleson Prop. & Envir. Reis Education Law Holley Computers & Law Marx Urban Probs. Donegan Stat Revision/Crm. Law L. Schwartz Fed. Jur. Katz Juven. Cts. Teitelbaum Coll. Barg. Atelson Metro. Comm. Kaplan FRESHMEN: Torts B Davidson Torts B Buergenthal Torts B Kelley Contracts B Girth Contracts B Rickert Contracts B Gordon Civil Pro A Kochery Civil Pro A Homburger Civil Pro A-Hyman Ad. Law Gifford Cor. Law A-Newhouse Envir. Mgnt. Reis 19 1 1 - - - . — - — - - -- - - - - - 0 0 0 0 0 40 76.80 7 13.44 2 2.84 0 0 0 0 0 0 0 22 33.22 33 49.83 10 15.10 1 1.51 0 47 45.10 53 50.88 00000000 44 46.20 41 43.05 1 1.05 0 0 0 0 4 4.20 13 29.51 24 54.48 00000000 4 16.64 16 66.56 00000000 28 31.36 49 54.88 2 2.24 1 1.12 0 0 0 0 6 11.10 1 1.85 1 1.85 11 20.35 34 62.90 0 0 0 0 0 7 12.95 29 53.95 0 0 0 17 31.45 2 2.00 8 8.00 76 76.00 11 11.00 0 0 0 0 19 21.28 57 63.84 3 8.10 1 2.70 0 0 0 0 11 34.80 63.12 30.00 50.00 54.54 37.50 59.02 41.36 28.56 58.80 45.00 41.65 30.00 76.44 42.84 28.56 42.84 18.18 0 0 1 0 0 0 0 0 7 30.45 8 5.26 5 25.30 12 10.00 5 50.00 3 0 5 41.65 6 5 45.45 6 0 0 4 50.00 3 0 5 22.70 13 0 6 37.28 7 0 3 42.84 2 0 2 11.76 10 0 2 10.00 9 0 0 0 5 0 5 50.00 3 5.88 2 11.76 13 0 3 21.42 6 0 0 0 2 0 3 42.84 3 0 3 27.27 2 73 62 63 60 60 68 66 59 74 89 56 33 0 9 12.33 51 0 2 3.22 10 16.10 38 0 0 16 25.44 42 0 0 3 4.98 48 0 0 12 19.92 31 0 0 13 19.11 39 0 -0 27 40.77 34 0 0 16 27.04 39 2 2.70 11 14.85 46 0 0 19 21.28 57 1 1.79 10 17.90 37 0 4 12.12 20 0 69.87 61.1B 66.78 79.68 51.46 57.26 49.98 65.91 62.10 63.84 66.23 60.60 7 10 12 11 8 22 17 7 17 20 12 10 17 14 7 7 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 10.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 34.80 1 5.26 0 0 1 8.30 00-0000 0 0 0 0 0 0 1 12.50 0 0 0 0 0 0 1 12.50 0 0 0 0 0 0 3 17.64 00000000 0 0 0 0 0 0 5 29.40 0 0 0 0 0 0 9 45.00 00000000 0 0 0 0 0 0 2 20.00 0 0 0 0 0 0 1 B.88 0 0 1 7.14 0 0 0 0 00000000 1 0 14.28 0 0 0 9.59 8.05 0 0 0 5 8.05 3 4.77 0 0 5 8.30 1 1.66 11 18.26 5 .8.30 9 13.23 0 0 2 2.54 2 2.54 2 3.38 1 1.69 7 9.45 0 0 5 6.66 0 0 6 10.74 0 0 3 9.09 0 0 5 0 0 0 0 0 0 0 5 45.45 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 0 1 1.47 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2.24 0 0 0 0 0 0 3 9.09 0 1 0 4 2 7 2 2 1 0 2 0 0 0 0 0 0 0 0 0 1 0 0 7 0 0 4 3 0 0 4 2 2 3 0 6 0 1 5 1.92 0 3.84 2.10 15.69 8.32 2.24 1.85 0 2.00 0 % Rating 0 2.38 0 0 0 1.18 2.20 1.38 2.06 1.84 2.17 2.62 2.81 2.27 2.11 2.09 2.61 2.11 1.77 2.15 2.47 2.50 2.35 2.20 2.30 1.94 2.19 1.96 2.19 0 2.88 1.01 6.76 0 5.15 3.84 0 0 3.15 2 0 0 3 0 0 2 8.32 7 7.84 0 0 1 1.85 1 1.00 0 0 0 0 0 0 0 0 0 0 0 2.46 2.49 0 0 0 0 0 0 0 0 0 2.45 2.45 2.45 2.57 2.46 2.60 2.f6 2.18 2.06 2.82 2.25 2.10 2.00 2.28 2.60 0 0 0 0 1 5.88 14.28 1 14.28 0 0 0 0 0 0 58.31 0 0 0 0 0 0 0 0 28.56 0 0 42.84 2 28.56 0 0 0 0 1 9.09 , 5.48 3.22 3.18 4.98 0 8.82 0 1.69 6.75 0 0 1 1 1.79 3.03 2.60 2 2.74 2.03 0 0 1.91 0 0 2.21 0 0 1.93 1 1.66 1.88 2 2.94 2.06 1 1.47 2.16 0 0 2.20 3 4.05 2.12 6 6.72 2.17 1 1.79 2.11 2 6.06 2.04 1972 �Friday, September 15, 1972 THE OPINION 7 On Campus . Sports EVENTS THIS WEEK AT MAIN ST. CAMPUS Fri. Sept. 22 Sat. Sept. 23 Film Derby, Conf. Theatre by Douglas G. Roberts Coffeehouse presents Diana Marcovitz and a * UUAB collection of short films, including the classic Oh Dem Watermelons. 9:00, First Floor Cafeteria. • Film: Hellstrom Chronicles, Conf. Theatre. Sun. Sept. 24 Mon. Sept. 25 Films: Short films by Bruce Baillie including All My Life,\ Still Life, Castro Street. Valentin de Las Sierras. 7:00, Dief. 147. N.Y. Chamber Soloists. Works Vivaldi, Britlen, • Concert: Carter, Powell and 8:30, Baird Recital Hall. by Couperin. Tues., Sept. 26 Films: She Wore a Yellow Ribbon (starring the inimitable John Wayne) 3:00 and 9:00, and Warning Shadows, 7:00. Both Capen 140. Concert: Student Noon Recital. 12 p.m., Baird Recital Hall. 27 Films: Go West, 7:00, Capen 140, Earth, 7:00, Trailer 2, The Thin Man, 9:00, Capen 140. .Concert: Orgen Trilogy with Frederick Burgomaster, works Wed., Sept. * by Marcello, Searle, Genzmer, Bach, Stanley, 8:30, Baird Recital Hall. Thurs., Sept. 28 Cisco Pike, Conf. Theatre. * Film: Films: Silent Faith 7:00, Dief. Dief. 147. Fri., Sept. 29 Huddle 147, Mark of Zorro, 9:00, Film: Cisco Pike, Conf. Theatre. * Concert: Doctor John & Phlorescent Leech & Eddy. Tues., Oct. 3 Film: Young Mr. Lincoln, starring Henry Fonda. Free. 3:00 and 9:00 p.m., Capen 140. Wed., Oct. 4 Film: Ministry of Fear, 7:00 p.m., Capen Jacks, 9:00 p.m., Capen 140. 140. One-Eyed Wait until next year! From where does that frustrated plea emanate? Brooklyn? No. Right here on Eagle Street where our bold and brave gridiron warriors have contented themselves with second place finishes in each of the last three intramural touch football league seasons. In fact, this year's slogan of the organization known as the Shysters is, "Bridesmaids never again." The Shysters winning combination is threatened this year by that grim reaper called graduation. All but three members of the near championship squad have departed the scene and, at lastreport, were seen queing up in unemployment lines throughout New York State. New coach Doug Roberts, together with hol-.'.rwer superstars Don Haight and Jerry 'Boom Boo" Solomon, cited the major needs of the Shysters in a copyrighted interview with Howard Cosell. A new quarterback with a golden arm and twinkle toes is the Shyster; chief necessity. A few burly linemen and fleet-footed running backs and receivers wouldn't hurt, Coach Roberts related. Anyone interested in becoming a BMCES (Big Man on Eagle Street) should watch for the signup lht soon to appear on theBulletinBoard. Before Roberts completed the interview, he related the words of his mentor, departed coach and molder of men, Al Snyder. In Snyder's last jpeech before leaving Buffalo to begin graduate work at the University of New Zealand at Aukland,he employed a slightly modified quote first used by the Antarctic Massage Society in its semiannual recruiting campaign. Snyder passionately stated, "If there is a better man to be made, the Shysters will maice him." Fresh men, juniors and red-shirted seniors, perhaps the Shysters can make a man out of you! �Indicates admission charge; Consult Norton Information (831-3541) for unlisted times. Amtowaga by Lucius Q. Paddlefast LAW PROFESSOR HURTS FINGER; SICK LEAVE DISCONCERTS STUDENTS Prof. MARK LAGGER, of the Amtowaga Law School faculty, was reported resting comfortably at the SouciSands Hotel, Miami, after suffering an occupational disability. while Prof. LAGGER fractured his right index finger correcting an exam paper last semester. "I came to a particularity stupid passage in one exam as I paper, and I bore down too savagely on my pencil slashed a big fat "U"alongside the student's answer. "My course in Attenuated Subtleties is not that inane and difficult that it should have evoked such an inaccurate answer by that student, whoever he was." on Prof. Lagger's explanation was given to this reporterThe the sun-washed beach alongside the Souci Sands Hotel. "prof," attired in the usual bermuda shorts, seemed to be making a rapid recovery from his injury as he soaked up the Florida sun. As he reclined in his beach chair, his secretary approached him several times attempting to deliver messages has from Amtowaga Law School up north, where his absence been causing a situation little short of panic. At one point, Prof. Lagger became so annoyed at the a handful of frantic efforts of his secretary that he grabbed sand and flung it at the pretty secretary's beautifully tanned b°dy"Go you?" take a running dive in the surf, will exclaimed Lagger in a highly exasperated tone of voice So their problem! So my students are impatient. Well, that's hreatening they're jumping out of the library windows and Well, let them! to bomb the whole place to kingdom come. Leave me alone, my finger hurts!" gave up her efforts to Finally, the pretty secretary to the convalescent communicate the student distress signals sun-glasses, hitched up professor. With a sigh, she doffed her down the beach her tathing suit shoulder strap, and dashed to the water. 37. Indians. SSST 1* «"™ College building. 41 Everereens a way. 43 AttemDts Skin 3. Fictional D.A. 4. Snake. Shaping into a certain form. 51. 53 -—Rabbit Indiscriminate place. 10. SnyderorLiebowitz. 2-1.lnter age—«■ 57! F,nal"* yhand.ed by 18 acroS, 59.FoodStufTroot. fin UnknAerrvari (V";'- '?• ~ «1 64 A.t™-»ivp rhnstrnaL oi:" «• |Jpeechrnake. Spamsh i S^tSf"0 32. Say hello. 34. Fictional Detective. 35. Prefix. aggr jafe^ . 3. man. 19.Evil. Consumer. 24. Determined b«forehand. 25. Cowboy gear. 27. Ue Teitel 28.A g^nst. 21. M Alrioht ■ 29Chews- 45. M«es. 46. Clients(abbr.). «!^SKdllta 50. Way to cook steak. 52. Uncertain (slang). 53. Wait ones time. 55. Mideastcountry. 56. Hopalong Cassidy portrayor. 58. We«ther word (var.). 59. Small child. , �Friday, September 15, 1972 THE OPINION 8 BullETiN BoARd Distinguished Visitors Forum Suggestions from students and professors for proposed speakers before the Distinguished Visitors Forum and the Mitchell Lecture Series are desired. Anyone wishing to propose a speaker should contact Mike Stachowski, Tom Bailey or Professor Marc Galanter. Freshman Wins Scholarship Timothy M. Cotter, a freshman, was the first recipient of the recently set up Walter F. Schmieding Scholarship. The scholarship is funded through a trust fund set up by the will of Mr. Schmieding's widow, Mrs. Charlotte L. Schmieding. The scholarship is to be awarded annually to a freshman at U.B. Law School by the incumbent president ofthe Erie County Bar Association. County Bar Receives Award At the annual ABA meeting in San Francisco, the County Bar Association was awarded the 'Award of Merit for local Bar groups in the 800-2000 member Erie Belling category. The award was made for the work done on theFirst Citizens Conference on Criminal Justice. Past President Philip Magner and Calvin Udall accepted theaward for the local Bar. Many law students attended the very successful conference. The purpose of the national competition is to recognize outstanding work in the individual bar associations as well as the dissemination of information about suchactivities. Placement Hours Placement Officer Tom Hurley will be in his office at 816 Prudential all day Tuesday and Wednesday until 3:30. Appointments are suggested, and can be made at 831-4414. On Monday, Thursday and Friday, Mr. Hurley will be available on the main campus in Hayes C. Clark Gym Hours All Facilities ExceptAquatic: Mon., Wed., Thurs., Fri. 3-10. Tues. 3-7; 7—',0 women only. Sat. 9-5. Sun.Noon-10. Pool: Mon., Wed.,Tnurs., Fri. 7-10 Tuesday, Women only 7-10 SSt. 1-3 Sun. 2-5. , Elections An Open Letter An election will be held Next week to fill six freshman SBA directorships as well as the positions of Secretary and SecondVice President. . to Law Wives DearLaw Wife, - DCaayreCenter Day Interpersonal style immediately desperately ask, per Chapter, Legal accepted. provide legal Shirleys participating you provide any person Legal confrontation, persons Legal purpose Raising Workshop. impartial workshop ACLU, rectify $10.00 opportunities ($ funds, may they arrange Cooperative September chapter your per currently Raising requires may situation, attend, Interpersonal person. Hall, Cottage couples might why." hopes Ridge group taking St., through Day chapter gathering demonstrations, Messages $15 arrests, Saturday, Brosius, Center, Anyone presence Niagara provide objective may by organized explore lessening harassment, Chairman, 837-2000, gratefully why families). leaflettng Sept. working prior they you any 23, $5 ext. weekend to in Bar Marino Fund Annual 3:00 Featured I etc. other on the with or Union didn't Dance violence. to f Gene law a basement weekend the chance 3609. "Lack Members in at Care The To Tickets Review The A Persons Observers hear extends students. are which and Frantic the-Three Goffin situation March office. is It entertainment ACLU local of Observers U.B. of from acts Center unable in Observers Susan to on of are confrontation. interested which act Picnic Courses need must Fund 10 for a Bar Cooke Relations Interested 1370 to this Arrow is warm available observers which Bloom to as in information. in interact secure for CAROL in that's call: should 4230 of some Main witnesses Room ACLU is the for 831-1822 in welcome financial will a of for witnesses contact for a students 29 with situations Seminar PORTER brief for is B-32-A the contact Picnic Persons include a PLI. donations The available in individuals Bflo. October tickets lead for others. American on that Lea and of dire interview. .aid. Care bar focus to Bob on Grand to arrestees Relations should students 14209 the interested works to this John review all financial cause "Wonder will to 1. will of confrontation to summer?" Island. The to the be or call Civil Anderson for a their be courses and will 883-0946. sold weekend in cost straits located the interested be Liberties Frontier of be for services Second for of left Black these facts held and the for to or of in at is I wouldlike to welcome you on behalf of the Student Law Wives Association to the school year of 1972-73. Your future years as a wife of a Law Student can be very difficult, but progressive ones. These years can be made more enjoyable and meaningful through the friendships of other wives with common goals and interests. The Student Law Wives Association offers you this opportunity of friendship along with many interesting programs and activities throughout the year. Your participation and attendance at the tea on October Bth, and future meetings during the yearis anticipated. We are looking forward to meeting and welcoming you to join us as a fellow StudentLaw Wife. The U.B. Cooperative Day Care Center, located in the basement of Cooke Hall, is available to provide services to law students. Interested students should call 837-2000. ext. 3609. Sincerely, Persons interested in taking bar review courses prior to the March Bar should contact John Anderson for Marino and Susan Bloom for PLI. Messages maybe left at Shirleys office. Linda Drucker President RelatIniotenSrpssoal eminar A workshop in Interpersonal Relations will be held the weekend on September 29 October 1. The cost of the weekend is $10.00 per person. The focus of the weekend is to provide opportunities for individuals to explore the style in which they interact with others. Anyone interested in participating must call: CAROLPORTER 831-1822 4230 Ridge Lea Room B-32-A immediately to arrange for a brief interview. - ReBviawrCourses FundRaisngPicnic The local chapter of the American Civil Liberties Union extends a warm welcome to all to their Second Annual Frantic Fund Raising Picnic on Saturday, Sept. 23, 3:00 at the-ThreeArrow Cottage on Grand Island. The ACLU is currently in dire financial straits and desperately in need of financial .aid. "Wonder why you didn't hear from your ACLU chapter this summer?" they ask, "Lack of funds, that's why.*' To rectify this situation, tickets will be sold for $5 per person ($lO for couples and $15 for families). Featured entertainment will include works by the Black Dance Workshop. Tickets are available through the Niagara Frontier Chapter, ACLU, 1370 Main St., Bflo. 14209or 883-0946. If you are unable to attend, donations will be gratefully accepted. LegaObservers l Legal Observers is a group of students organized to provide impartial observers for demonstrations, leafleting or any situation which might lead to confrontation or violence. It acts to secure witnesses to arrests, harassment, etc. Members act as witnesses for arrestees and for any otherpurpose which requires a gatheringof objective facts on a confrontation, in the hopes that thepresence of these legal persons may in some situations cause a lessening of the chanceof confrontation. Persons interested in working with Legal Observers may contact Bob Brosius, Chairman, or Gene Goffin forinformation. Balling � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-09-15 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 13 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/15/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/34788b1fd54c80a80dfff5d5a1a7a6b3.pdf d2e897f31a98110ae46665d270763465 PDF Text Text *i f nrli WSTttZ VS roMnje PAID The Opinion 77 Wen Eagle St Buffalo. New York 14202 Volume 12, No. 12 BUFFALO. NY. WMtTT NO. m SUM O THE PINION Uniwnitv oHlwYortit Buffalo School of L— May 4, 1972 O'Connell Discusses "No Fault" by Earl Carrel Alumni University of Illinois Law Professor Jeffrey O'Connell, one of the leading scholarly proponents of "No-Fault" auto injury compensation, gave the final lecture of this year's Mitchell Lecture Fund series to a disapointingly small audience of students and faculty, last Monday. Review by Christopher Greene The Hon. Frank R. Bayger, president of the Law Alumni Association, has announced the recent election of seven new members to the Associations Board of Directors. They include; Harold J. Brand, Jr.; Hon. Roger T. Cook; Samuel L. Greene; Richard A. Grimm, Jr.; William H. Hepp; William J. Love, Jr.; William J. Magavern. These new directors will serve a three year term on the twenty-one member Board. Bayger, who 'ill be stepping down as president of the Association, explained that the Board will be electing new officers at its next meeting on May 19. In reviewing this year's accomplishments, Judge Bayger pointed to the instrumental the Board played in obtaining a federal grant for the Student Counseling Center, role the $500 grant to Moot Court, the annual dinner, and the fall luncheon in honor of Professor Hyman. The largest attendance ever for both the luncheon and dinner bodes well for the future of the organization, suggested Bayger. Next year the Association plans to run an extensive membership drive to broaden its base, especially among the younger graduates. Other officers this year included John Gridley, Vice President; Hon. M. Delores Denman, Treasurer; and Robert Schaus, Secretary. SBA Directors Take Office Elections for junior and senior SBA Directors were held Monday and Tuesday, April 17-18. Of the twelve directors 'elected, surprisingly few had had experience in the SBA only — three. John Anderson, past Secretary of the SBA was elected to a directorial post. Yvonne Lewis and Gene Coffin, who had each served in the SBA for two years, were re-elected. The class of '73 elected John Anderson, Richard Clark, Olney Clowe, Art Conduzio, Gene Goffin and Yvonne Lewis as its representatives. Nick Amigone, Buffy Burke, Regina Felton, Elliot Mandel, Marty Miller and Larry Zimmerman were elected by next year's junior class. None of the six had previously served in the SBA. The new directors assumed their duties April 21 at the weekly SBA meeting. Objectives announced by the directors individually include the working toward a more representative SBA, the establishment of a student-operated bookstore and the prompt fall passage of a budget. Elected to the FSRB were Hazel Warnick, Michael Berger, Olney Clowe and Judy Kampf. IN THIS ISSUE: The Leeches Scream Otto Questions Mandatory Fees page two BALSA Convention Fifteen Students Represent Buffalo page three Myth Revealed An Ex-undercover Agent Uncovers the F.8.1 page three Summer of '72 Buffalo has Everything but Jennifer O'Neill page four The Buffalo Five Reporter Examines a Trial's Progress page four O'Connell, the author of Basic Protection for the Traffic Victim; Safety Last, an Indictment of the Auto Industry; and The Injury Industry, blasted the legal profession as he spoke on, "Attorneys and Auto Accidents: A Prototype of Professional Padding." The Dartmouth College and Harvard Law School alumnus asked that lawyers and law students, whom he considered professionals, to try to view automobile accidents from the vantage of the non-professional. He decried the tendency of the professionals, both doctors and lawyers, to become so engrossed in their professions that they forget about the common man. Professionalism was a recurring theme throughout Mr. O'Connell's presentation. He noted more than once that lawyers are professionals and we should use our brains. "Lawyers can provide leadership in our society if they want to." Yet he felt that the legal profession is perpetrating a fraud upon the American people. This fraud is not only in the myth that every time you breathe you need advice of counsel, but in the fee structure. O'Connell likened a lawyer to a taxi meter. As soon as you walk into the office, the meter starts running. He questioned whether the consumer is getting full value. He said lawyers can raise their prices because no one knows what they're doing and lawyers have the advantage that if they put out a faulty product nobody can tell. He accused the majority of practicing attorneys of being lazy, self-righteous, neglectful wasters of time and money, and explained that in the inner sanctum of the legal profession the — offering of a lower fee is considered ungentlemanly and dangerous. The practitioner who lowers his fee is accused of being in business for the money. Mr. O'Connell, a former member of the National Highway Traffic Safety Advisory Board, spoke very little of how to implement a **No-Fault" insurance plan. He stressed that accidents are a statistically predictable event: we know how many accidents will occur and how much they will cost. This does not mean, however, that the loss will be fairly apportioned. Figures were cited comparing recovery. The speaker stated that while 2/3 of the civil jury docket is clogged with auto accident cases, only 45% of those seriously injured get paid. In the case of a claim for over $5000, the claimant is likely to get only half back, while if the claim is $ 100, the claimant is likely to recover seven times that amount. Another point of constant reference was a comparison of automobile insurance with life insurance, fire insurance and health insurance. He asked how often a lawyer is needed to collect claims in the latter types of insurance. One point mentioned is that in the other types of insurance, the insured event is easily definable, but in auto cases,, the lawyers define the event. Mr. O'Connell feels this is the wrong way to do it. O'Connel! stressed that attorneys should look at the situation from the point of view of the hapless premium payer and the victim who doesn't know when, how much, or even if he will be compensated for his losses. The crucial question, as Mr. O'Connel sees it, is, "If in fact I am covered for my losses and you are covered for your losses, why are we suing each other?" The whole problem must be seen in a broader context than insurance law, but in summation, Professor O'Connell feels there is no inherent difficulty in switching from the present system of "I insure you and you insure me" to a "No-Fault" system of "I insure me and you insure you". Tucker on Racism in Housing by Linda Cleveland - "The Right to Shelter Racism in Housing" was the subject of Robert Tucker, Mitchell Fund Lecturer, during speaker's hour, Wednesday, April 19. Mr. Tucker served as Assistant Regional Administrator for Equal a job created Opportunity for HUD by Title VIII of the Civil Rights Act of 1968 and requiring the direction of fair-housing programs in a ten-state midwestern area. Speaking of secretaries of Housing and Urban Development and regional administrators, Mr. Tucker .said, "They come and they go." But the middle-echelon civil service administrators, the ones who run HUD both in Washington and regionally, were characterized by Tucker as driven by overwhelming ambition to make the next higher GS level, with an incidental interest in making available decent housing for the poor and black, and that, only so long as it did not involve integration. These administrators' attitudes are firmly rooted in concepts of chattel slavery. Tucker also noted that the Dred Scott decision has never yet been overruled by the Supreme Court. - As a possible candidate for appointment to our faculty, Mr. Tucker presents a wide experience as a private allo rney for some 17 years, HUD administrator, counsel to Metro Inter-Insurance Exchange, and service to numerous community organizations including The Chicago Urban League, NAACP, Illinois ACLU and Chicago Legal Services. He is presently acting as General Counsel to People United to Save Humanity (Operation PUSH) under the leadership of Rev. Jesse L. Jackson. �May 4, THE OPINION 2 Editorial Up Against Tenure Grant Urged The Editorial Board of the Opinion wishes to urge the faculty to grant tenure to Professor Thomas Rickert. Although Professor Rickert has only been at this school for two years, he has proven himself to be a dedicated and highly skilled professor. In his courses on Commercial Paper and Contracts, Professor Rickert has called upon his years of experience in private practice to offer students a highly professional and meaningful perspective with a stress on the practical side which is all too rare in this school. The depth of his understanding in these areas is unquestioned; no student takes a course from him without learning a great deal. Further, and equally important, is the energy and commitment with which he has undertaken his position in the law school. In his classes he used his own comprehensive course evaluation before SCATE. He met student interests by offering drafting along - with other specialized and imaginative assignments to supplement the day-to-day routine. Also, he was equally adept outside the classroom. He immediately offered his resources to attack the ineffectual placement program, and under his guidance and leadership, the Placement Committee has for the first time in the history of this school become a viable and useful service to the students. In two years time, we do not think any more could be asked of a faculty member. Professor Rickert is a flexible and imaginative teacher and a committed and resourceful professional undoubtedly an asset to this school. He has earned and therefore justly deserves tenure. - ™ OPINION May 4, 1972 Volume 12, No. 12 Editor-in-Chief-Rosalie Stoll Managing Editor—Robert Friedman Business Manager-Chris Greene Photography Editor-Chris Belling Article Editor-Mike Montgomery Staff: Otto Matsch, Joe Heath, James Brennan, John Samuelson, George Riedel, Kay Latona, Linda Cleveland, Jeffrey Levin, Richard Clark, Jack Gutkin, Samuel Fried, Gary Masline, David Klein except tor vacations Tfce Opinion i> published every other week newspaper of Uie State durinj the academic year. It i> the student of Law, 77 West Eagle School Buffalo University of New York it th.S paper Buffalo, New York, 14202. The views staff of TV* not necessity those of the Editorial Board or Third class organisation. Opinion The Opinion is a non-profit postage entered at Buffalo, New York. StS Se by Joe Heath If we look at the realities of the Martin Sostre case, we can learn a great deal about the operation of "justice" in Amerika. In June of 1968, Martin Sostre was convicted on drug charges on the testimony of Arto Williams and sentenced to 31 to 41 years. Williams has since admitted that he was released from prison and driven by Buffalo Narcotics Squad to Sostre s Afro-Asian Bookstore. Williams has signed an affidavit in California in which he has sworn that the following events took place in connection with Sostre's frame up: Williams was arrested in June of 1967 for the theft of an air-conditioner, a felony, and was held in Erie County Jail. After he had been in jail for about two weeks, he wrote a letter to Sgt. Alvin Gristmacher of the Buffalo Narcotics Squad requesting an interview. When Gristmacher came to see him, Williams told him that he was willing to assist Gristmacher in any way if Gristmacher would help him in his case. About a week later Gristmacher returned to visit Williams again; this time, Michael Amico, Chief of the Narcotic Squad, was with him. On the next day, July 14, 1967, Williams was taken to court and released in his own recognizance in a judge's chambers. Williams was then taken to police headquarters to the Narcotics Division where he was met by Gristmacher and given money. Williams then went to buy some drugs and met the police later and they proceeded to Martin's Afro-Asian Bookstore at Jefferson and Woodlawn where Williams was given $13.00. Williams states that he went in to Martin's store where he had been a daily visitor. He gave Martin the $15.00 to hold for him until morning. He says this had been done before. He did not ask Martin for drugs and Martin did not give him any. Martin was arrested and tried and convicted and sentenced to 31 to 41 years. Williams states that he memorized a story given him by the police and repeated it as his testimony that convicted Martin. He states that he did this to keep from going to jail for his second felony. For his part in the trial he was given probation. Mike Amico has since been rewarded for such , RiGHT ON! 1. THE LEECHES SCREAM must buy (hem a walkie-talkie, or not be able to fascistic iregister next year? By what right does the Lawyers Guild tell me I must contribute to an expedition to Philadelphia for two of their crazies, or not be allowed to graduate? Rights? Hell, rights is just a word to these suck groups to use to extort money ime I , When the slate Senate passed a bill to prohibit the trustees of the State University from authorizing the assessment of mandatory student fees at all SUNY campuses they struck a blow for freedom. The special interest groups that benefit from the fees are going wild, for without the mandatory nature of the fees they would be left destitute. These special interest groups are parasites, unable to survive on their own, and hence they must depend on the state to coerce unwilling students to pay activity fees into the leeches' coffers. Threatened by extinction, the leeches are screaming and hooting the same old lies in an hysterical attempt to defeat the bill when it comes up in the state Assembly.. from the students. The extortion is condoned and enforced by the Albany establishment in collaboration with the leeches. The actions against the students by this unholy alliance amounts to involuntary servitude. The most fantastic thing about the pro-coercive fee folks is the way they fluctuate regarding the nature of the students they are oppressing. First they claim that all the students (except for a small minority) are idealistic, relevant, charming, altruistic Wunderkinder who are all for the fees, and actually want to of a contribute even more to all the idealistic, charming The first of these is that students as part "tax" to community" right have the altruistic and wonderful activities that are relevant, "college themselves. But a tax is levied by a government, and a being financed through the fee system. Then they without mandatory, which government has the power to rule its subjects. The whirl around and claim that mobs that pose as student governments have no power means coercive, fee system the low-browed, uncultured, will not to do anything except waste student monies, and that greedy, self-centered, evil bourgeois pigs marvels the heroic power is granted them by the administration, not by willingly support the cultural the student subjects. The so-called tax is only a fee, student government would shower on them if only and it is collected by the administration, not by the -given the funds, and since the students are such a lowly, doltish bunch the great-white-father-figure-SBA student governments. So group of students, even a majority, no matter will therefore take the money from their greasy, they like it or not. And they whom they elect to serve as their official greedy clutches whether it, damn them, and that's an order! mouth-pieces, has the- "right" to force other students will like The vultures fear voluntary fees because they know of to pay for activities of any nature. It is this lack that their worthless programs would be cut off. If any moral right in the blood-suckers' stance that those activities were actually worthwhile the students makes them scream even more shrilly about the great would contribute voluntarily. As it is the SBA is moral merit of their programs while they evade the saddled with thousands of dollars every year to issue of their lack of right to coerce other students distribute and a lack of worthy recipients. Since they "right" into paying all sorts of exotic fees. By what in order to justify or have to get rid of the money does the Opinion tell me I must pay to support it, the student waste By what collecting it they proceed to by it. And end? the semester's grades my at the special interest not receive body, as usual, gets shafted does the Concerned (Relevant) Students tell "right" 1972 The Bench fine "law enforcement". He has become Sheriff of Erie County. Alvin Gristmacher has not been so fortunate. He was recently fired from the police department. He was fired because he lost (read 'sold') 4.8 ounces of heroin. This smack is worth a little over $100,000, so Gristmacher won't have to work for a year or two. So we have an innocent man in jail for 40 $15 worth of heroin. years for allegedly selling One of the people who framed him has stolen and has only been worth of heroin $100,000 fired for it. "Can anyone still claim that our legal system is just? The other person who framed Martin has risen to a very powerful position where he can break more laws and oppress more people. This is madness. We must make sure that this and other acts of "justice" are undone and that the police start obeying the laws and stop shooting and beating and framing people for political reasons. Martin had been helping to educate his brothers and sisters in the community. He was framed and sent to jail because he sold books. When a state sends a man to jail for 40 years because he sells books that they don't approve of, that state is not a free and democratic one, it is a totalitarian and fascist state. Martin Sostre is a political prisoner. The "correctional facilities" where he is held are really concentration camps for those the state cannot oppress by other subtler means. Attica is a concentration camp; there the state shot men because they stood up and spoke and banded together and refused to be treated like animals. The state's control of its political prisoners is so absolute that it can shoot them, hold them in solitary confinement for 8 months, beat them and then move them whenever and wherever it chooses. When these matters are brought up in our "halls of justice" nothing is done about them. The courts even refuse to hold hearings to investigate our concentration camps. One thing we could do as legal people is struggle to c.nd this madness. Martin Sostre must be freed and Gristmacher and Amico should be in jail for their crimes against the people. by OTTO MATSCH - the student groups and their partners in crime government and the administration. The only honest way for the SBA to dispense of its funds is to refund them to the students directly. Any group, including SBA committees such as the Entertainment Committee (which incidentally needs a lesson in how to select potable wine), organizations such as the Opinion, gangs such as the Irrelevant Students or the fascistic Lawyers Guild should go directly to the students for financial support. It would be inconvenient for the students, who should, after all, take precedence over the organizations. But apparently the student suck groups are more interested in stealing student money than in benefit ting, or even conveniencing mere students. Going to a voluntary fee system would expose these groups as the theiving hogs they are, with no support outside of their own cliques. 2. NOT SUBJECT TO APPEAL Excerpted from Pravda, 18 February 1972: "Theft of 366,000 rubles of the people's money through bribes and swindling was proved. Of this sum, Nurmukhamedov stole more than 130,000 rubles 'The sentence was pronounced. Final and not subject to appeal. Ismail Nurmukhamedov, head "of the gang of bribe-takers and speculators, was sentenced to the supreme penalty, death by shooting. Other participants in the crime were sentenced to long terms in strict-regime colonies (concentration camps, 0.M.), " with confiscation of the property they had stolen Compare to criminal code of Russia, Article 103: by "intentional homicide. .shall be punished deprivation of freedom for a term of three to ten years." Now there's a real progressive criminal system for . you! �May 4, 1972 THE OPINION 3 BALSA Convention Report by Richard Clark BALSA Myth Revealed - National Convention March 24-25, 1972 The Black American Law Students Association was founded in 1968 with less than 200 black students attending only a few law schools in the U.S. Today, the total populance of black law students attending over 100 law schools throughout the U.S. is presently over 4000. With this increasing number of black law students attending law schools around the U.S, the membership of BALSA is geographically structured into six regions, where in each region any law school with more than 10 black students can establish a local chapter. Each year BALSA holds its national convention at a law school in one of its 6 regions. Last yearsconvention was held in Washington, D.C. at Catholic University. This years convention was held in Chicago, Illinois at the University of Chicago's Center for the Continuing Education and the Law School on March 24 and 25. Fifteen U.B. law students attended the conference- The theme of this years national convention was "The Black Lawyer as a Political Tool for Social Change: A Community Perspective." Delegates to this national convention came from many law schools in the U.S. The two day schedule of events consisted of several committee meetings, regional caucuses, workshops, and conference is held, it will bring together many representatives from all the BALSA chapters within the northeast region. With the theme of convention in mind a variety of workshops were held during the two day conference. Some of the topics discussed in a few of these workshops were Prisoners, Prisons and Prison Reform, The Black Lawyer as a Political Force and Organizer, Police and the Black community, and Black Lawyers: North or South Cop-Out or commitment:, The Black Attorney and the Worker's Struggle, and the Black Law Student's role in the community: Reality or Illusion? Behind this variety of workshops several noted Black legal practioners participated in many of these workshops, such as the Honorable Judge George Crockett, Recorders Court Detroit, Michigan, Senator Richard Newhouse, State Senator, Illinois, and Haywood Burns, National Director, National Bar Association. Culminating the entire convention were the elections of the new National Board. The composition 'of the national board is six at-large positions, and the six regional directors. The convention was fruitful and all BALSA chapters across the country are looking forward to next years - finally election of a new National Board. The first days program was opened with the keynote address given at the opening Plenary session by Kenneth Cockrel, Esq. a Detroit Lawyer working with the Black Workers Congress. After this address the delegates went to their respective regional caucuses in order to elect a new regional director, and also any candidates for the national Board. Within BALSA's regional structure, UB is situated in the northeast region. The new regional director is a young lady at N.Y.U. law school, while her assistant is Charles Husband, a 2nd year UB law student. Tentative plans are being, made to possibly have the northeast regional conventioh at UB in early June. It is hoped that if this convention. by Jack Gutkin AN EX-UNDERCOVER AGENT UNCOVERS THE F.8.1. More than likely, if each of us would reach back into the pictures of our past that can only be found deep in our minds, we would be able to focus on images of the shelves of books that lined our grammer school walls. Typically these shelves towered at three feet high and among stories of brave cowboys and virtuous nurses we can all remember that popular edition THE F.8.1. STORY by J. Edgar Hoover. This book stirred images in many young minds of valiant men who spent their lives fighting "the never-ending battle for freedom, justice, liberty and in the American way." These were supermen more than most of us could ever dream of becoming. Of course, we've all grown out of grammar school, and now the shelves in our library tower three feet above most of our heads, and yet few books here could equal that rush of a little boy reading about the F.8.1. And even harder to take, that rush of glamour and intrigue is long gone and demolished. If any hope still existed of ressurrection it was put forever to rest on Friday April 21, 1972, when under that dome of long forgotten yawns and innuendos (Eagle 110), enlightenment was distributed in the form of the showing of a film about a former F.8.1, agent (and ex-U.B. law student) by the name of Robert Wall and a personal appearance to boot. The film by Saul Landau and Paul Jacobs was presented by the Concerned Law Students. It was well made, though more peaceful and thoughtful than one would expect a film related to the F.8.1, to be. In the film, and afterwards in person, Bob Wall presented the reasons behind what could best be described as the metamorphosis of a child of Amerika. Described by his wife as always being a very moral being, that is just what Bob strikes one as being. With much deliberation he described his awakening to the true nature of F.8.1, activities and intent. The effect was enough to make a comic book character blush. Particularly amusing (or saddening however you're disposed) were Bob's stories of impasses in communication between the C.I.A. and the F.8.1. which brought to mind the endless war to "save face" in Vietnam. Robert Wall's presentation was a matter close to home for law students. The Federal Bureau of Investigation is supposedly a natural outgrowth of our entire system. One sadly gets the impression that justice is hindered (that is, perhaps, too mild a word) .rather than helped by its presence and activities. Answering a student query, Wall said that the F.8.1. was a very tight-knit bureaucracy and that he thought from one man's experience that change from within was a very remote possibility. True to that perception, Wall is otherwise engaged these days. He is involved in the co-ordination of the defense of the Buffalo Five, so if you'd like to get irt touch with him, try visiting the trial. But be wary of strange-looking men in trench "You don't need a coats. As Bobby Zimmerman once wrote weatherman to know which way the wind blows. Peace, but don't quote me." - - - - - . . .. . - ..is low! STUDENTS invest in life insurance while your premium rate now Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 f m, 59. Describing the Dallas Cowboys _ _ __ _ _ 14. Mens' names t5. Branches Scott case M *9. French silk 51. Arab town head 56. Opponent of 20 Across 50. out with (forces a fight) (heavy) 51. Weigh 52. Evening before a holiday (Heb.) 53. Peace goddess ANSWERS TO N0.9 M*l ■■ I*l*l! IP n 'EHatlfe inftMfl MB'Hfl [,' I •!• I, ■'■■'.■ , |v | fISEIeWJyrpPW 64. 65. 6667. 68. I'"'' What to do with an ear Toot NCO (coU) Compass directions Russian political units miuiu I. USMA cadet 2 Halos 3[ Dyes 4. Consumed over down (keep ■> cool) 6 Margarine 7 ogle X Kefauver R°D nson l "'actoi>IIWC '• c Jewish ' liJMil?Wllillll1iill TPHMm': ItJjjlTl 11. "' Tit or tat frl" Ml ITllimH*lqfH l£Flff lflltUilfL°Kt|tEl "' ' ' " 12. 10%ers (abbr.) 13. Legal thing '' :l1 " 22. Minnesota star Rod i ' -- B" 26. Eros 27. Handles clumsily 29. Millay 30. Virginia 31. Is incorrect 32 chemical suffixes 33. I Spy star 34. Mime 35 Making another to do 37 Woodwind (abbr.) 40. Wash bowl 41. Asian river 46. Certain hair style 4K Corrects 50 Two in a democracy (Fr. 52. Scientific cycle 5, Weight allowances 54. Arab noble 56. Zhivago girl 57. European river 58. French state ''''Solo 60. Possessive pronoun Bus: 852-3446 Res: 832-7886 New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans hew \YpJK NEW YORK BAR-JULY EXAM liV JJbar review under Uμ course New York Education Law of Veterans. and approved for the training The unique method of approach utilized in me Courae was developed fey Joseph L. Marino and hit staff of experienced lecturers and active practicing attorneys, in order to provide Bar Examination with the candidates for the New York State(I), a familiarity with the essentials of proper preparation: nature of the examination, (2) a ready recall of the New York Law, (3) a reliable method of analysing complicated fact situations, and (4) a facility for writing mil-reasoned answers, (5) a review of yesno Bar type questions. (6) recent development in the law. MARINO BAR REVIEW COURSE INC. Garden City, N.Y. 11630 -founded in 1946-•over the last 5 yean, better than 80% of our atudenta have paiaed the Bar Exam 109 Tull.more Rd �THE 4 Summer of 72 by Earl Carrel So you've lived in Buffalo for a year and now you have to spend the summer here too. Well, take heart, The Opinion has decided to give you some suggestions about summer m Buffalo BEACHES AND PARKS: Letchworth State Park Crystal Beach (Canada) Bay Beach (Canada) Akron Falls Park Sherkston (Canada) Chestnut Ridge Park Evangola State Park Fort Niagara State Park Beaver Island State Park Windmill Point (Canada) Fantasy Island (amusement park for children) Many of these parks have facilities for cooking, some of the state parks have facilities for camping. THINGS TO SEE: Allentown Art Festival Lewiston Art Festival Wineries (Lewiston, Westfield, and Hammondsport) Fort Niagara Niagara-on-the-Lake (Canada), Shaw Festival Stratford (Canada) Shakespeare Festival Niagara Falls at Night Panama (N.Y.) Rocks Melody Fair (tent theater in the round) THINGS TO HEAR: Buffalo Philharmonic Pops Concerts U/B Creative Associates "Evenings for New Music" Clarence Town Park (free concerts). THINGS TO TASTE: These are inexpensive places, where you can look like a slob and probably would be afraid to go into if you were just passing by. Bailo's (roast beef) Bailey and Lovejoy Anchor Bar (chicken wings) Main and North Santrasiero's (spaghetti) Niagara and Lafayette Sam's (clams) Niagara and Breckenridge Anthony's (clams and Italian food) Niagara St. Happy Jacks (Oriental) Fort Erie These places are a little better looking and you have to at least wear clothes, but still inexpensive and good food. Roseland (Italian food) Rhode Island and Chenango Boxie's (steak house) Broadway in Lancaster Candy's (seafood) Niagara Falls Blvd Big Apple(fish smorgasboard) Union Rd. King Wah (Chinese) HWY 3, Ft. Erie OTHER GOODIES Sometimes the best places to go for an evening are church Lawn Fetes and Firemen's Street Dances. Fun and games and prizes along with greasy chicken and all the beer you can drink. Toronto is less than two hours away and has a number of theaters and very good restaurants. For the horse fan there is Ft. Erie, Woodbine, and Finger Lakes. Harness tracks are Hamburg, Batavia, and Garden City. If none of this appeals to you, American, United, Eastern, and Allegheny Air Lines all serve Buffalo. Have a Happy! IIwill - May OPINION 4. 1972 The Buffalo Five: Morality v Crime by Jeff Levin There are certainly many in our Law School who could sympathize and identify with the difficulties of attempting to prosecute a case on the abstract basis of legal definitions, when the real issues are morality and justification. However, the trial of the Buffalo is a reversal of the usual trend. The legal system is no longer pleading background morality in an attempt to persecute so-called sex-offenders, but has been forced to swallow some of its own "God is on our side" rhetoric and rationale. U.S. Attorney James Grable has attempted to divorce the legal doctrine of breaking and entering and attempting to destroy Military Intelligence documents from the truth of the greatest immorality of our country's hisotry, the Vietnam War. It is the duty of those who would practice law and help to enforce and shape it to see that law does not become an entity unto itself, divorced from the circumstances that gave it meaning. Law for Law's sake is a cop-out, and an insult to the big, gold JUSTICE emblazoned in our courtrooms. The Buffalo, Ann Masters, James Martin, Charles Darst, Maureen Considine, and Jeremiah Horrigan, are 5 people with a deep sense of conscience about their roles as American citizens. They are deeply religious, and committed to the concept of the sanctity of life. Their past lives have been involved with helping people on basic levels in various ways, in poverty programs and in teaching in the schools and communities of our ghettos and depressed areas. Eventually they were faced with the problem of explaining and attempting to understand the insanity of the American Priority. There has been a new and beautiful dichotomy in the federal court of Judge John T. Curtin these past two weeks. The case for the government has been based on the slow, methodical establishment of facts, tailored to fulfill all facets of the legal definition. Breaking and entering and remaining after hours yes, they were arrested were they in the building? there after hours. x+y=conviction. A boring parade of FBI agents constructed the elaborate framework necessary to prove, for the record, these already admitted facts. In contrast to the machine like testimony of these agents, was the cross-examination by The Buffalo, who engaged in a vain attempt to extract a grain of opinion and individuality, and more, PROSECUTION WORKSHOP June 5 July 28, a three credit summer Prosecution Workshop be heldl. It will entail 12 hours weekly of field work in local prosecutors' offices as well as a seminar and research project. To Register, contact Prof. Manak. — — an indication of humanity from those who "are only doing their job". Sounds familiar. Yes, these agents were aware that people are dying in Southeast Asia, they are aware that people are starving in this country, that people are eating garbage and breathing it, trying to learn in crowded school buildings, and yet they don't have the stomach to express an opinion on this country's priorities, under oath, in a court of law. The government was interested in facts, not reasons. The Buffalo has only one message, unmistakable to anyone: they are not concerned with their own safety, but with the consciousness of our people. It is this lack of courage that every citizen must throw off. It is not an option for a citizen to act, it is an affirmative duty. The issue in the trial is criminality, and not illegality. The Constitution of this country is based on the duty and right of its citizens to assert their displeasure with the policies of our government, and to do so free from harassment by that government in the name of the freedom they are subverting. There is a war going on in Southeast Asia an illegal war where people are being killed by weapons designed only to kill people, with no military purpose. A war where an entire country is now one third a barren, ruined land. A war where 1,500,000 people have died. A war that is being fought in all of our names. A war in violation of the statutes of international law. Are we to be prosecuted by the community of the World? The trial of the Buffalo is also being prosecuted in our names. United States v. Consodine et al. They freely admit to doing an act that is illegal according to the statutes. But it is not illegal to trespass to save life, or to assault to stop a crime. Thse are accepted acts of civic conscience. It is time for all of us to accept the very act of civic conscience which we ostensibly base our national system on the duty to act to save life and to preserve liberty. How can anyone desire to be a lawyer or attempt to practice law in a court of so-called justice, when we are blind to the morality it must be based on, and when we are so inured to the results of what we do that we can only act as the machine dictates. These are the questions that The Buffalo has attempted to bring to through the press, through the jury, all our minds and through Judge Curtin. Criminality is an issue that the people must decide, if it be prosecuted in their name. - — — Graduation Ceremonies Held in Pain Place Mall: by Lucius Q. Paddlefast The Amtowaga Law School held its annual commencement exercises last Sunday in the Pain Place Mall. The downtown shopping center was chosen because of its proximity to the present Law School Building, and because the new home of the Law School in suburban Amtowaga has not yet been opened for use. The principal speaker of the day was Hon. ADRIAN P. BERKOWITZ, of the State High Bench. Justice Berkowitz was invited to speak at the insistence of the graduating class itself, because of the special interest the Justice has shown in the problems' of seniors at Amtowaga Law School. The title of Justice Berkowitz's address was "Evolving Standards in Legal Education Today." He stessed the need for a more sophisticated approach to the obtaining of the J.D. Degree. 'Today's law student," he told the audience, "must be prepared to cope with the double standard of education which currently prevails as between academic and juridical authorities. These two Dignitaries standards frequently clash, with the result that the programs and expectations of individual students are disoriented." Justice Berkowitz's speech ended with a recommendation that accredited law schools in the State take up the challenge by preparing their students not only for school exams and bar exams, but also by teaching them how to interpret joint juridico-academic regulations pertaining to graduation requirements. It came as a pleasant surprise to the graduates and their guests that the faculty of the Amtowaga Law School had already anticipated Justice Berkowitz's recommendation. Speaking for the faculty as a whole, Prof. Larry Bel Dotto announced that beginning next semester, the course in Attenuated Subtleties would cover problems caused by the double standard referred to by Justice Berkowitz. "This summer several members of the faculty have volunteered to go to the State Capitol as a Task Force to study recent rulings by the High Bench regarding graduation requirements. When we have throughly analyzed Present and mastered the thinking of the High Bench in this regard, we are going to attempt to reconcile them with the old standards, and then codify everything so that it can be taught as an integral part of the Attenuated Subtleties course. Needless to say, it will be a required course, and a Q mark or better will be demanded of every student." The last speaker at the gala ceremony was a member of the local bar, Mr. Hiram Helpum, of the law firm of Helpum and Wampum. The main thrust of Mr. Helpum's address was "Employment Opportunities for This Year's Law Graduates." He revealed that the head of another law firm had told him in the men's room of their downtown office bui lding that his firm was looking for a good man to empty waste baskets. For those interested in a more inspirational job, he mentioned that the Bar Association needed a number of junior lobbyists to work in the State Capitol against the pending "no-fault" bill. All three speakers received sta nd ing ovations from the new JJD/s. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-05-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 12 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/4/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2ef8c7fee07341db52f3236572e2d3b9.pdf 454b3de57f6b91b075c678f679bd66ac PDF Text Text US. PMU«e The Opinion 77 Wen ElgkSt Buffilo, New York 14202 THE Volume 12, No. 11 MID MIFFALO. N.Y, muirr NO. 7M OPINION StW Unnwroty of Naw Yotfc «t Buffalo School of Lw» April 20, 1972 Election Results SBA Officers Elected for 72-3 FIRST VICE PRESIDENT PRESIDENT SECOND VICE PRESIDENT TREASURER SECRETARY Rosalie Stoll Skip Conover John Hayden William Buscaglia Linda Fried John Hayden has been elected 1972-3 President of the Samuelsun. have attended practically all SBA meetings this year. unopposed, for Ihe office of Student Bar Association. Elected First VicePresident was Linda Fried was also Neither wasa director, although both participatedactively Rosalie Stoll. Other officers are Skip Conover, Second Secretary. She received 210 votes in the initial election, in SBA functions. Vice President; Linda Fried, Secretary; and William with 38 write-ins cast. Buscaglia, Treasurer. \ NEW FACES EXPERIENCE CLOSEPRESIDENTIAL RACE The new officers come to office from diverse There was a surprisingly small number of candidales A turnoul of almost 350 students highlighted the with voting experience in the SBA. Only four of the backgrounds. Mr. Hayden is a 1968 graduate of Geneseo initial election. The drawing card was probably the large twelve candidates had such experience, and of that four, Slate College. He was drafted out of law school in 1968 number of presidential candidatesand their diverse views. only one waselected. and served with the Army for two years. Ms. Stoll Questions why only a small number of experienced graduated from the American University School of Five students competed for the post to be vacated by graduating senior Malcolm Morris: John Anderson, Gene directors ran for office have arisen. They have been InternationalService in 1970. She worked with theLegal Coffin, John Hayden, Lloyd "Chico" Silverslein, and partially explained by a possible disillusionment arising Aid Services while in college. Mr. Conover is a 1968 Mike Stachowski. When the final tallys were in, Coffin from the ability of the SBA to viably accomplish its graduate of Hamilton College who served in the armed and Hayden were scheduled for the run-off. Hayden objectives. forces for two years before entering law school. Mr. pulled ahead, and won the election, 154 to 121. Another possible disillusionment this time on the Buscaglia, also a veteran, graduated from the Wharton The post of First Vice President was also hotly part of the student body with its electedrepresentatives School of Finance and Commerce of the University of contested. In the initial voting, Richard Clark polled 114, has been mentioned by some as the cause of Ihe poor Pennsylvania. An English major, Ms. Fried graduated from Judith Kampf 75 and Rosalie Stoll 158. Since a majority showing by the SBA directors. SUNY/Buffalo in 1969. William Buscaglia is the only new officer who has and not a plurality is needed to win an SBA office, a runoff was held between Mr. Clark and Ms. Stoll. The served in the SBA before. His opponent, Marty Miller, has DIRECTORS TAKE OFFICE final results were: Clark 115and Stoll 173. served on SBA committees and has worked to establish a Friday, April 22, the new officers took office. In a close race for treasurer, William Buscaglia won student-run bookstore. over Freshman Marty Miller, 173 to 120. Mr. Hayden is a returned junior, who has attended Outgoing President Malcolm Morris presented the gavel to many SBA meetings and presented many ideas. Of his President Hayden. He spoke of the successes of the SBA four opponents, Mr. Anderson served as Secretary lasl during the past year, and wished the new officers the best TWO OFFICERS UNOPPOSED year, while Mr. Coffin has been a director lor two years. of luck. Hayden then presided over an SBA made up of The lone candidate for Second Vice President, Skip All three of the First Vice Presidential candidates were the outgoing directors. Conover, discovered opposition from write in candidates, juniors with only Ms. Kampf having had previous SBA The new officers have promised a dedication to the although he polled 163 votes. There were 72 write-ins, directoral experience. Both Mr. Clark and Ms. Stoll have problems of thelaw school and a willingness to implement with Elliot Tunis, a senior who has been nominated in been active in school organizations. Ms. Stoll will replace changes where necessary. They desire especially to work every school election, receiving 6 votes, the highest graduatingsenior, Mark Farrell. with all members of the Student Bar Association to gain write-in support. Mr. Conover will replace senior John Both Mr. Conover and Ms. Fried are freshmen who their input. - International War Crimes Law IN THIS ISSUE: Court of Appeals Blues The NS-RO! Grading System page Iwo Amherst Housing Plans for Sludent Residences page Ihree Law Womens Conference Trip to SanFrancisco page four Law and Film Mitchell Lecture Sponsors AttorneyFilmmaker page five Jail Counselling Service Students Work with Inmates page six Folk Festival Banjo pickin' on Main Campus "Hug a Rugger" What sport gives ycui two minutes to get off the field if you're injured. '...: Seymour Hersh, Pulitzer Prize winning author for of the My Lai incident, spoke before the student body recently on "Can Military Justice Cope with War Crimes?" Sponsored by the Mitchell Lecture Series and the International Law Club along with Mr. Hersh, was Benjamin B. Ferencz. Mr. Ferencz spoke on "War Crimes Law: The Rights of the Victims". Initially Mr. Hersh spoke on the My Lai incident. He stated that his book was based on the clandestine receipt of the Peers Panel Report. In it, he said there was an estimate of 347 dead at My Lai, at least double the number criminal trials admitted to. Also between 95 and 100 individuals were killed at My-Ku-4, one and a half miles away. This just his coverage page six veteran's confirmation of rumor hedescribed the practice of pilots running down peasant farmers from the air and lopping off their heads with the skids of helicopters. He described how the problem of bloody skids became so blatant that one copter battalion set up a special washing area where skids were cleaned before the copter returned to its base. Discussing the Americal division casualty rate, Hersh noted that a count in May 1968 showed that 93% of the casualties were from mines and liooby-traps, in other words, the American Division was not seeing active combat. Hersh further asserted that Army officers including Col. Henderson, and Maj. General Koster were in copters at 1000 to 2000 ft. above the My went to prove that My Lai was NOT an isolated Lai assault and yet said they saw nothing. Hersh incident as everyone from Nixon on down has noted thatall the pilots saw. It wasn't necessary for an officer to say "1 will insisted. He stressed that two incidents were committed the same morning, the same hour and by cover this up", rather, it was an understanding. the same company. No less than 200 officers above the rank of Hersh touched a very personal note when he captain knew about the incident immediately asked the audience "Who was in Nam? Who heard there was no ambiguity and they knew it was not a (continued on page eight) about 'skids" incidents?" Following student - page seven �mi 2 Editorial Support membership and aims. Few of the elected SBA officers and directorshave served in the SBA previously. Most of the 70-71 directors did not even file for reelection, perhaps because of a frustration inherant in any governing body whose decisions must be accomplished through compromise. The next SBA must work together and strive to make campaign promises a reality. The SBA has a potential to fill many valid student needs. Initially, it is imperative that the SBA continue functioning despite the change in leadership. No five officers or board of directors can accomplish these aims alone. Student input is needed to ensure that the officers and directors are truly representative to the needs of the student body as a whole. Next years SBA has a rough road ahead, but through cooperation and a willingness to get together and work, we can accomplish things and solve the.real problems of the student body. newly OPINION April 20, 1972 —— — Editor-in-Chief Rosalie Stoll Asusiant Editor Vacant Manning Editor Robert Friedman News Editor Vacant Article Editor Mike Monl*omery Feature Editor Vacant S.BJL Editor Vacant rhotgrapby Editor Chris Belling Production Meager Vacant tWonesc Manner Chris Greene Staff Writers --Robert Rothstein. Earl Carrel Otto MaUch. Jeff Spencer Michael Montgomery. —- — - - —- James Brennan John Samuelson, Alan Snyder, George Rjedel. Kay Latona CohimnisU Otto MaUch, Joe Heath Contributors James Brennan, James Perry, Linda Cleveland —— —David Photographers 1972 performance of the administration in regard to the at the recent SBA elections, it becomes apparent that the SBA is undergoing a change in «■ Let rs To the Editor the SBA Retrospective!) looking Volume 12. No. 11 April 20, opinion Larry D. Shapiro Samuel Fried, Chris Belling, Gary Masline Klein, Jack GuLkin The Opinion U published every oUht wi-ek t-xcepL for vacations during the academic year. It is the student newspaper *>l the State University of New York at Buffalo School of Law, 77 West Eagle expresse.' in this paper Street, Buffalo, New York, 14202. The Board or staff or The are not rtecessiuily those of the Editori.il organization. Triird class non-profit Opinion. The Opinion is a postage entered atBuffalo, New York. To theEditor: member ol me Having completed a year a would like to offer the Mooi Courl Board, following observations. Muot Courl has III" dual purpose ni tervlni an academic function and also reflecting upon the reputation of Buffalo l.aw School when our teams compete against other law sthool teams. Most law schools slrongly support their Moot Court programs However, at Buffalo, the administration and some members of the faculty have sometimes treated Moot Courl rather shabbily. Faculty members have often been "too busy" to give even minimal assistance to Moot Court teams attempting to prepare lor inlcr-schoul competitions and this can prove lo be an insuperable handicap. But even more disheartening has been the I » " limiting ol the Moot program should be treatment? Why is it necessary to get a specific court order prohibiting brutal beatings and other forms of physicaJ and mental harrassment in one of the jails? One would tend to think that beatings would not be so much the natural course of events that a court order would be necessary to prohibit them. On December 14, 1971, a federal District Court issued funded by the An academic school. Law I! tratiOO. The Moot Court program would adminbeen reduced to nothing in the past year have except for the extraordinary efforts exerted by Dick (wans to obtain funding for Moot Court program from various sources and the generosity of the Alumni Association. But there is no good reason why (he Moot Court Chairman should have to expend a substantial amount of his time begging for funds. Quite simply, Moot Court is an academic organization and should be funded by the school. And lack of administration and faculty support for the Moot Court program in the future will inevilably detract from the quality of that program. Michael Calvete Up Against by Joe Heath As people who will be deeply involved with the law and the system that sends people to jail we should do a lot of thinking about jails and just what they mean in our society. Why do we have places where we lock up people for scores of years; just what are these places like; just what functions do these places actually perform; just what functions are we told thai these places should perform. The threat of going to jail is the ultimate threat held over us by the slate to make us conform our actions to what the state says. Actually it isn't the ultimate threat because the state kills at will (43 at Attica, George Jackson. Fred Hampton, John Huggins, two at Jackson State, four at Kent State, hundreds during the "ghetto riots"). What does "going to jail" mean in actuality in our society? At present it means that you are forced to submit to being caged and treated like an animal. The state has decreed that you submit to whatever inhuman treatment it arbitrarily forces upon you. How many of you have taken the time to find out what being in jail in this state is really like? What would happen to you if you were treated the way the state treats our brothers and sisters in prisons? How can the state possibly justify this inhuman Court program. Review justifiably gelt. 525,000 from the The Bench such an order. However, even such an elemental order was issued only when the District Court judge, John T. Curtin, had once refused; and he was subsequently over ruled by the Second Circuit Court of Appeals. Since that order was issued, six brutal beatings have taken place at Attica. The most recent was on April 3rd. One would assume that the individuals who have directly violated that order by perpetrating these atrocities would, at the least, have been held in criminal contempt. Which is worse: taking $70 as George Jackson did to "earn" his one year to life sentence or brutally assaulting another human being? When proof of these beatings was offered to Judge Curtin, he refused to do anything until a petition for a writ of mandamus was filed the Second Circuit. Then, instead of holding hearings in open court in Buffalo where he and the people and the press could freely view the men who received these beatings and the men who beat them, he decided to send a magistrate to Attica to hold hearings. Why is the state so afraid of these brothers that it refused to allow them to appear in open court~and tell us how they are being brutalized and subjected to inhuman treatment? How can there be any talk of rehabilitation when men are being beaten, caged 2314 hours a day, called "niggers" and "scum", etc, etc. Obviously any talk ofrehabilitation is a lie told by the state to obscure the real function of the prisons as the ultimate source of torture- to force us to submit to the monopoly capitalist system and its institutions of oppression. The jails are actually the concentration camps for the poor. RiGHTON! by COURT OF APPEALS BLUES II anything is to be learned from the current UB vs. Court of Appeals debacle, it is not 10 fool around with experimental marking systems. A pass-fail system is OK for Columbia, but Columbia gave their exams on schedule, or at least pretended to. Since the present marking system has been consigned to the rubbish heap of history by the Court we will soon be taking exams under the auspices of a new system, and we can only hope that it is the right one. This is a golden opportunity for UB to blaze a trail into new fields of sociological theory and to establish a Truly Relevant, Viable, Meaningful Marking System, one that will fully reflect the Needs and Aspirations of the law studerft community. In order to properly visualize this n/w concept a diagram has been provided. The student <S) is-a.multi-dirnensional entity, with n dimensions vectoring intcpan n-diraensional hyperspace continuum interstudded with alpha-warp nodes where the vector triplex is ablated out of perspective (see diagram). In order to properly assign a grade to S, who must always be handled as an ii-dimensional entity, all n dimensions must be evaluated in order that the resultant gradiant vector c accurately reflects S's accomplishments and potentials. Operating parameters must be oxylogistically annotated to preserve the heuristic eugenesis and synergistic interface coordinates. Cybernetic data control and programming will result in proper qualitative randomization, optimal system selection will drastically reduce the chronological accumulations so abhorred by non-technological man in a technological environment. The convenience factor weighed against the cost of piezo instrumentation necessary for paralinear nonrigid vector analysis comes out heavily in favor of electrodag and other vital components. The alternative would be to rely entirely upon uniaxial manual data compilation, an entirely unsatisfactory mode. (Cost estimates on retraining SARA to handle the required syllogistic anamology run between 75 cents and $3M, certainly worth the expense.) Having assigned proper values to the n-field overlay and having run it through SARA, a matrix multiplier is used to convert the quasimathelogical paradyne into a relevant euthanism, so S will finally know what he got. The analogarit hmic chart depicted shows the austcnitic relationship between a mathematical score (varying from 17 to 83) and a true letter grade. For the sake of the Court of Appeals the old A through F structure has been preserved with a few minor modifications. The highest possible grade is to be RO!, i.e., Right On!,' while the lowest is NS, Not Sufficient. Nobody flunks (get that nasty word out of here). Between RO! and NS grades range from B, Mediocre, QL (Q with letter), C, Pass, D, U Pass, Resigns, X (incomplete), Insufficient, Withdrawn, lo OTTO MAISCII DNF. The numerous options preserve flexibility. Naturally, that is not the final grade, which is not assigned until the student reviews his preliminary mark as derived by the computer, and subjects it to an intense Interspective Evaluation (IE) overlay, a relevant interjection in the otherwise cyrogenic proceedings. Pleochroic contributions by S's into the ylem preserve its humanitarian character. Finally, those few S's who through the fault of society, received a grade of NS, also received a Personal Interview AndExcuse (PIAE) to make things Perfectly Clear. At all times UB must insisl to the Court of Appeals that this is not an experimental system. It is theoretical, but its validity is so obvious that there can be no doubt in anyone's mind, even the Court's, that this is indeed the wave of the future. It is ÜB's manifest destiny to lead the rest of the nation's law schools out of darkness and into this plyhubric panagcon of necrophasia. RIGHT ON! Part II on page five. �1 April 20, 1972 THE OPINION 3 SBA Grading and New Deanship Discussed by Mike Montgomery correlation of placement with the APRIL 14 and course credit. This position NEW OFFICERS; The 14 April meeting curriculum go before the Budget of the SBA was initiated by the installation will probably and Review Committee rather Program of new officers. Malcolm Morris was than the Appointments Committee. replaced by John Hayden as President, the candidate in mind is a Mark Farrell by Rosalie Stoll as First Vice Apparently, married to a local attorney, and woman President. Second Vice President John who has a doctorate in education and has Samuelson was replaced by Skip Conover. taken two years of law courses. Former Director Bill Buscaglia superceded Secondly, Mr. Schwartz announced that Richard Weinberg as Treasurer, while the the Service seminar will be take Selective Secretary's position formerly held by John over by Carmen Petrino, a local Anderson was filled by Linda Fried. practitioner in the field, President Morris, in his closing speech, illness of Professor due to the grave Marx. Mr. Marx's thanked those Directors who had attended seminar in Computers and the Law the meeting for their assistance in whatever second will be taken over by Mr. Schwartz, and may have been accomplished by the body, will culminate in a symposium to be held and received a round of applause from the after exams and before graduation dealing audience as he stepped down. with issues such as privacy, in conjunction PROVOST SCHWARTZ: President with a paper. Hayden introduced Mr. Schwartz, who Discussion ensued thereafter concerning commenced his presentation with the the ever present Court of Appeals problem. announcement that he is presently seeking Considerable confusion was evinced over to establish a new assistant deanship for the memo from Professor Greiner and the the purpose of handling placement and a rationale of applying D-F grades to Seniors. It has been decided by the Administration that JD requirements will match those for certification to the Bar. Prof. Greiner's suggestion as to a credit-non credit grade was dissapprovedby the Faculty. Reed Cosper raised the question as to whether there would be further revision of the grading system. Provost Schwartz noted that such a revision was likely, with applicability to those students presently enrolled here remaining in issue. There was considerable discussion as to what criteria would be applied to determine whether or not a student would flunk out of school. It reached no conclusions useable for further guidance, tho apparently there will be some criterion in regard to the number of D-F grades, which Hs might be used to balance off. SECRETARY'S REPORT: Linda Fried requested that all retiring SBA Officers and Directors turn in their Reporters to her. She noted that she intends to post copies of the SBA minutes and upcoming agenda for student perusal, and requested that all matters to be put on the agenda be week in advance. submitted to her one PARLIAMENTARY PROCEDURE: President Hayden announced his intention to continue allowing non-Directors to speak freely at all meetings. Unlike previous practice, the motion to call the question will be enforced only on a vote to that effect. INTERNATIONAL LAW CLUB: The members of this organization requested a budgetarychange, shifting the allocation to send two contestants to the Moot Court competition in Washington in order to allow the club to send two representatives to the national meeting and workshops in the Capitol in order to receive official recognition from the national body. Reed Cosper suggested that such expenses are more rightly taken care of by the Administration. Subsequent to the defeat of two motions paring down the allocation in various ways, it was decided to grant $229 for the air fare, fees, and $12.50 per diem expenses for two representatives. Judge Denman Speaks on City Court System by Rosalie Slnll Newly-appointed City Court Judge M. Dolores Denman spoke recently al UB Law aboul the City Court system. Sponsored by the Assn. of Women Law Students Judge Denman focused on the roles of the woman professional in the judicial system. Jutjge Denman explained the many opportunities Fried that exist for dedicated lawyers, both male and females, both In the District Attorneys office and in the judiciary itself. She pointed oul thai this is a good time I'oi women law school graduates, since more and more positions are opening up' to women. A woman attorney, she stressed, must no! rely on her sex to get a job, bin rather she must work to excel in her particular field, jusl as any man does, in order to open more employment possibilities. Discussing her own experiences, Judge Denman also dwelled upon the importance a good boss can make in opening up new palhs for an attorney's gaining of experience and skills. Before she was appointed to Ihe City Court, Judge Denman served in the District Attorney's Office, Criminal Division. She mentioned how vital her experience in criminal law has proven in her City Court position which consists mainly of deciding criminal cases. For any young attorney starting out, she remarked, trial and error is unfortunately theinitial path. She mentioned how she had learned and grown from her early mistakes and spoke of the lessons thai shehad learned. Judge Denman also discussed the electoral process for judges. She mentioned that il was unfortunate that so many voters are uninformed of the qualifications and abilities of judges. She discussed her current campaign and the methods of selection for that office. Further, Judge Denman discussed the U.B. Alumni Association and its role in working with both students and alumni. She has been extremely active in the Association, serving as Secretary this year, and discussed its contributions to the law school. After her speech, JudgeDenman met with several fascinated students and discussed employment opporlunities for attorneys. She mentioned how invaluable her experience in the D.A.'s office has been. Most of all. Judge Denman was personally interested in the problems students have encountered, both in and out of school, and made many worthwhile suggestions. What's Ahead in Amherst Housing? by Earl Carrel - friends the move to Amherst is in the offing and, believe it or not, the housing situation is not as bad as a lot of people think it is. There is a University-wide committee charged with figuring out what to do about the housing problems which will be encountered as the North Campus moves toward completion. "The President's Task Force on Operational Issues Related to Initial Amherst Campus Occupancy" is the body entrusted with filling the I.M. Ah, yes, Pei and Davis-Brody dormitory complexes scheduled for completion within the next year. The Task Force is charged with examining such issues as: 1. The use of non-residential space in the dormitories; 2. Possible conversion of residential areas to nonresidential purposes; and 3. Auxiliary services required and their extent, such as transportation, vending, etc. Even though the committee is directing its attention to the housing problem in Amherst; it is taking into consideration the opening of the Law School bus lines which building. This includes the subjects of allocation of campus or on evening hours and the needs of married students. Three important decisions have been made or will be made within the next six months. First, there is a provision for a mixture of graduate and professional students as well as undergraduates in the North Campus dorms. This is a definite commitment and will be implemented when 800 spaces become available in the I.M. Pei dorms, scheduled for completion in December. This should accommodate some Law students (the percentages are not yet worked out) when the Law building is opened in September, 1973. While this only applies to unmarried students, the other two points should interest those students who are married. An almost firm proposal has been developed for University bus service between the North Campus and Ridge Lea. settled of the three and could well be the one most steeped in controversy. This entails the possible rehabilitation of the Allenhurst apartments and their classroom space for non-academic purposes during Hopefully, and probably, this will be expanded to include direct service to and from the Main Street campus. This will enable Law students to live in the area surrounding the Main connect the Main campus with the rest of the city. The third proposal is the least conversion into low-cost housing for married students. This would be a University-run, not stmi c n(-11111 operation. Several problems stand in the way, however. The cost factor is implicit in both of the major obstacles. First, the lease for the Allenhurst units expires during the summer of 1973. The cost of renegotiating this lease must be considered and there is a feeling among certain University administrators that leased facilities are not in the best interest of the University. The second cost factor is the widely recognized need for extensive rehabilitation of the Allenhurst property in order to make it habitable. The feeling of the Task Force is that while prospects do not look all that good, they don't look all that bad either. Hopefully this will put some minds at ease, but if not. the committee will be meeting weekly through September. If any student has questions or comments which he/she would like the committee to consider, those questions may be addressed to: Earl Carrel, Amherst Occupancy Task Force, and left with Shirley. _4 �WATCH �PHONE � DID WNED-TV public television on the niagara frontier # I W £Sf^Cm^ Vj channel fPV 1 m % X T TfTt^nfrwWfl \/iW JkVJaN/ tm jUNE -j^q �Law and April 20, THE OPINION 4 Society 1972 Review New Editor Galanter Seeks Student Editorial Board Commencing this summer.Professor Marc Galanter will become the next Editor of the Uw and Society Review, the journal of the Law and Society Association. The Review includes a student board of editors which participates actively in editorial work, including solicitation, evaluation, and editing of manuscripts, as well as the arranging of special issues on selected topics. A student board of between six and ten students will be constituted during the summer. Students will be able to work in practically all spheres of editorial work. All interested and well-qualified law students should contact Professor Galanter. The Review's objective is to provide a forum for Professor i' interdisciplinary research on the legal process. I Galanter stated, "I hope that during my tenure the Review will continue to provide a link between researchers in a variety of disciplines and will serve as a bridge across the gap between legal scholarship and social sciencereserach." Specifically, Prof. Galanter desires to promote the development of neglected areas that hold particular promise for the social scientific understanding of the legal process. TheReview has no funds to pay student editors, but it will probably be able to cover expenses entailed by editorial duties. Studeak participants will be afforded an invaluable learninganjrparticipating process. Copies of the Review are available in the library for perusal or in Professor Galanter'soffice. Report on San Francisco Law Women's Conference by Linda Cleveland Arising from the bitter criticism and dissension which marked the close of last year's meeting, the National Conference of Women and the Law, held in San Francisco Easter weekend, created a new feeling of unity and shared struggle among the disparate elements of the women law-students' movement. The earlier conference had been angrily denounced as myopically concerned with middle-class white professional women's problems only. Responding to this critism, the National Planning Collective carefully - 'cottage' (cell bloc), 'my staff (guards). the knowledge that in comparable jobs for Vocational rehabilitation programs are non-law publishers, the minimum union wage is 5213 per week, the women formed shams covering prison maintenance: sewing male prisoners* uniforms, grooming guards' a bargaining unit, survived an grounds. landscaping prison the NLRB-ordered enlargement of that unit, pets and Racist and even sexist conditioning and won by 75% the NLRB-supervised flourishes within a system of rewards and election to designate the International punishments calculated to make children Typographical Union as bargaining agent. That was in January of adults. the company still An ACLU legal worker testified to the refuses to bargain collectively with their effectiveness of this conditioning while union. she had processed threee to four thousand One of the two or three recurring appeals requests for male prisoners over a themes of the conference cropped up at redwood, azalea and rhododendron in full period of years, she had never dealt with this point in the discussion: the understanding that not only are bloom; a branched, elegantly-landscaped even one coming from a woman inmate. corporation managements and courts stream coursing among the buildings; at the far end a wooded hillside. We knew we had THE UNION MOVEMENT almost exclusively maje, but so are unions, defense counsel and all the governmental found Boalt Hall Law School when we At the Unionization Workshop, the case protection agencies: NLRB, HEW, EEOC. spotted an incomprehensible 50-foot high aluminum quotation from Cardozo on the which hit closest to home was that of the (Among the conference participants was a side of a building. Walking around 3 sides women employed by Bancroft-Whitney, woman who has filed a sex-discrimination which seemed a city block long, we entered the law-book publisher in San Francisco charge against her boss with the Equal the building to find endless space space and subsidiary of Lawyers Cooperative Employment Opportunity Commission to burn cultural shock for one so lately Publishing in Rochester. It seems that this she didn't have to go far she is employed as an investigator by EEOC!) removed from the Eagle Street sardine can. My major regret about the conference itself was that as the only student from UB LESBIAN RIGHTS about as liberal as any law school others still suffering under compulsory attendance rules, all male all faculty committees, no baiting in clinics and open female classrooms. Fortunately for us, the car taking us out to the conference the following morning broke down a block short of the Berkeley campus, and our forced march (with full field gear) across the length of the campus turned out to be a pleasure. The campus, rolling gently uphill was lushly planted with towering, fragrant eucalyptus trees, - - restructured the conference to expose a cross-section of the oppressive laws which cut into the lives of every woman in this country today, those relating to: abortion, marriage & divorce, lesbianism, rape, prostitution, women in prison, motherhood, employment. They sought to overcome the cries of professional elitism by opening the conference not only to lawyers, law students and legal workers, but to ordinary women who had and are being victimized by our social system and the legal system which supports it: prostitutes; rape victims; welfare, working and lesbian mothers; black, Chicano and Asian women; ex-convicts. Law, I co uld only go to four of the workshops proper there were at least double that number reportedly well worth attending. WINE AND CHEESE WOMEN IN PRISON Having presented a background, - — - — - - f stopped in at the Lesbian Rights workshop, intending to stay only a short time, but became interested and involved in the plight of this little discussed, but perhaps most oppressed minority of all. The constant harassment and discrimination of law, police, governmental I will A ye teran of nine years in assorted get on to my adventure. Glenda, a student from Hastings Law Federal, state and local prisons and School in San Francisco, tired from a full detention centers, the articulate leader of evening of ferrying folks to Berkeley, took the Women in Prison workshop was the last batch of us home with her when intimately acquainted with the debilitating we arrived from N.Y., Texas, Wisconsin regimen and indignities of the and Utah the night before the conference. "correctional" system, Now working with We unrolled our sleeping bags amid wine, CONNECTION, a prison counseling cheese and fresh California fruit,and spent program, she described the insidious several hours trading tales of sexually structure of California I nstitute for restrictive admissions and hiring and Women, a law-profile, well land-scaped employment policies, sexist slurs in "model correctional facility" where barbed classrooms and textbooks, male-taught 'law wire is unobtrusive, and where both and women' courses, and other prisoners and guards wear streetclothes. absurdities-but-realities. Rather, to my Realities at CIW are masked in surprise, it turned out that UB really is euphemisms like 'campus' (prison yard). - — agencies, insurance companies, employers, made vivid. The total absence of any type of protective legislation for this minority group was also highlighted. A woman lawyer, mother and lesbian unified much of the feeling in this landlords, etc. was workshop and others, by saying: "All women have to care enough to put particular group of women are hired as 'clerical' workers and paid at the prevailing Area wage for file clerks, about $90 a week. But, as it turns out, the women are Bay all college graduates and what they're doing is editing law books. SpurTed on by themselves on the line when government tries to take children from any mother, whether she is gay, a recipient of public assistance, a convicted felon or has Black Panther posters on her wall all women must join together to fight for every women's rights." — Amtowa.qa Janitor Denies Interview With Reporter by Lucian Parlato Lars Latchkey, chief janitor of the new law school building in suburban Amtowaga, today denied that he had ever given an "exclusive" interview to Lucius Q. Paddlefast, a reporter on the staff of the Amtowagan. In a recent syndicated column appearing in the Amtowagan, Paddlefast claimed that Latchkey had conducted him ona tour of the new building, and that he had seen some marvellous sights. "Wait till it gets out what kind of facilities they are installing for the faculty," wrote Paddlefast in his article. "For example, a perpetual gas flame has been installed in one lecture room for a particular professor wholikes to puff on his pipe, but has difficulty in keeping the fire in his pipebowl going, because of the humid atmosphere in this area. The perpetual gas flame will save him the trouble of striking countless matches, as has been his custom. The result, of course, will be more words spoken per lecture, and consequently more learning for the largely ignorantstudent body." 'This," opened Paddlefast, "is a rather costly device, probably world, but still worth the unmatched anywhere else in the academic candle because of the increased learning which will result for the students. "There are some other expensive installations, however, whose value is questionable. I saw another lecture room especially outfitted with a simulation lion's cage, for professors who like to pace back and forth while lecturing. "I feel it is a waste of taxpayers' and students' money," wrote Paddlefast, "to cater to such idiosyncracies of our professors, no matter how learned or important they may be. If they want to pace up and down while delivering their lectures, let them do it on the old wooden-type platform they had in the old law school." Latchkey, however, dismissed the opinions uttered by Paddlefast as nothing but sheer invention. "Nobody has got past my little wooden shed outside the main entrance to the new law school building," he asserted emphatically. "I think this reporter Paddlefast is a complete fraud. He's making the whole thing up just to get publicity. I never heard of him before now. "Paddlefast's stories about a "perpetual flame" and the "lion's cage" are ridiculous, absurd, and completely fictitious. If I catch him around here, I'll stick his head in a mudhole!" UNIVERSITY TRAVEL (SUNYAB) 323 Norton Hall 831-3602 SUMMER SHUTTLES '72 Niagara Falls, N.Y. London, Eng. 30 dates $ 179.00 r/t (for faculty, students, and families - jet staff - SUNY) �April 20, 1972 THE OPINION 5 Mitchell Lecture Series The Law and The Media by Rosalie Stoll portrayed and delve beneath the superficial vision that most people have of it. Mitchell Lecture Series this year has Wiseman spoke before an audience done an outstanding job of bringing in composed of law students and faculty. He outside speakers. Perhaps one of the finest explained the purposes of the films as speakers this year was Frederick Wiseman, merely to preserve a small slice of the an attorney who is also a professional institution to be available on film for filmmaker. audiences in 100 years. Trying to justify films in terms of social Wiseman has gained notoriety as the producer of "Titticut Follies", a film change arguments has been abandoned by revealing sordid conditions in a Wiseman. He stated that he no longer Massachusetts mental hospital. believes that they will alter things, but The In addition, Wiseman has produced the rather will enable some people to view the films "Law and Order", "Hospital", and institution more thoughtfully. "High School". All of his films, while Discussing "Law and Order", Wiseman documentary, leave the viewer with stated that he began with a definite notion definite feelings about the institution of the "piggery" of the police. However, after two days of precinct work, he discovered the "piggery" and violence of the genera)population. More police was not seen as a solution to the problems of law enforcement that he encountered. He pointed out the lack of answers in this field. Defending his films, Wiseman said that anybody can take cheap shots at individuals on films by editing, but his issues are much more complicated than that. The following day, Wiseman spoke in a panel discussion with Neal Konin, who has worked with freedom of the airwaves, Michael Brown, an attorney with a prominent local law firm, Professor Al Katz from U.B. and Moderator Dean Schwartz. To begin, Wiseman outlined a history of the legal and political problems he had encountered in making "Titlicut Follies". Of prime consideration was the privacy of the inmates. Eventually, "Tittlcut Follies" went through several legal battles, until it was finally appealed to the Massachusetts Supreme Court which said the film had value only to groups of professionals. In another suit for damages caused by invasion of privacy, Wiseman was found not liable. In general, the panel concentrated on First Amendment rights and the use of new communications technology. The members examined the kind of controls that the state can exert, and the limits than can be imposed. Panel Discussion (from Left) Konin, Katz, Schwartz, Wiseman and Brown Grounds that are the freedom of Frederick Wiseman, Attorney and Filmmaker industry include invasion of privacy and breach of contract. The "chilling effect" of governmental action in terms of First Amendment rights was also a great fear. "Law and Order", "Hospital" and "High School" were shown at the Law School recently to large audiences. Many law students interested in film, school law, medical law and the law as it operates in prominent in limiting society attended the showings on three the communications consecutive days. Together Let Them Starve ENJOYING THE PRESENT AND REMEMBERING THE PAST by Larry Shapiro Soaring tuition rates, ridiculous gas and electric bills, and now, friendly impoverished student, you can also starve. The benevolent administrators of the FederalFood Stamp Program have ruled that after May I, 1972, unrelated individuals living together are not eligible. Period. It doesn't matter about sex, maintaining separate facilities, financialsituation or anything. The new criteria is that you either must live alone or be related to the person(s) that you live with. It is very clear to me that this new ruling is specifically directed at students. Not only are they the class that would be most affected; I was told by several workers at the local Food Stamp office, that it was directed at students. to Besides picking up that information, I was also able who get a whole lot of flack from the case worker renewed my claim after telling me that I didn't have enough money to go to school and to pay rent (1 explained that I hadn't paid tuition yet) she then yelled at me that I couldn't get my grades until I paid tuition (thanks, lady). She closed the interview by saying "Well, I'll let you eat for another month." SBA Party at Lamp Post Inn Sect. A Freshmen Gather at Seder RiGHT ON! by PART II OTTO MATSCH of not turn everyone else into criminals also, instead GET THEE BEHIND ME SATAN! turning them into the principal victims of ghetto the the suburbs rising in rapidly crime criminals With There is a line of illogic prevalent in the effete, elitist slum theory of criminal causation looks even sillier, quarters of society that holds that crimes are not that as the same chic liberals now announce committed by criminals, and that the blame which especially crime is caused by affluence. attaches to the crime should rest on society, not the society even antitheory guilty of the Taking "criminal." How often have we heard the limosine liberals further it isthe argued that prisons should not be used to bleat that a certain criminal's actions were due to his are where he incarcerate the so<alled "criminals," because they oppressed life in the ghetto, or slum, or suburbrationality that society is guilty of the crimes which and of innocent, was raised This explanation runs afoulthat even in the they have been falsely charged with. Prisons are to lock up when inspected, for then it is discovered rehabilitate the guilty, not the innocent, so obviously worst slums only a small proportion of the residents and "criminals" do not belong in prison. Well, if society is and the become criminals, and leaves unanswered did guilty, and the "criminals" are innocent, then the obvious unanswerable the question of why the slum conditions I ! i ' solution is innocent (o lock up the criminal society and allow the "criminals" to go free, thus protecting the "criminals" from society. following 1 propose that it be accomplished in the manner:" by executive order the United States would be incarcerating society, which is thereby declared a prison, guilty of everything. Anyone whois subsequently accused society and must innocent, of of a crime is course actions. Hence, he shoulder the blame forhis "criminal" and society's evil influence must be protected from removed from society as rapidly as possible, i.e., removed are his own subsequent actions from prison USA. His concern, but he must stay out of prison to prevent his complete corruption by that devil, Society. �April 20, 1972 THE OPINION 6 Counselling Service Students Work With Inmates Jim Perry People within and without by the legal profession complain a lot about the myopic and excessively detached attitudes of many attorneys toward human beings. Perhaps the most dramatic examples of the law's effect on people is in the area of criminal justice, where it comes down the hardest upon those who are the least able to understand its mechanisms. For the past eighteen months, a group of UB law students, along with graduate students from the School of Social Policy, has been working with pre-trial detainees at the Erie County Jail, answering questions, relaying messages to lawyers and families, and seeing first-hand a side of American justice that few lawyers have much time to examine. The Erie County Jail Counselling Service has evolved from a handful of volunteers, to a staff of sixteen paid students directed by law faculty member Norman Rosenberg. Original sponsorship came from Main two phone calls to set up an appearance date. The detainer may be the only thing keeping the man's friends or relatives from posting bail for him. Were it not for the student's help, he might spend an extra forty-eight hours locked up needlessly, while he tried to get the attention of someone who knew what to do. Given the generally conservative outlook of Erie County Sheriff Michael Amico, it may seem incongruous for him to give sixteen UB students the run of his jail. But ECJCS has enjoyed the support and encouragement of the Sheriff's Office, and has received the full cooperation of Jail Superintendant Frank Festa. Since the first of the year, the project has interviewed almost three hundred men and women in the jail at 10 Delaware Avenue, and at the jail annex at Wende. At the end of 1972, the project hopes to have enough data and experience to make a case for the establishment of similar services on Instead, every effort is made to enable the the UB Alumni Association and recently ECJCS received a $53,000 grant. The grant detainee to understand the legal process as filtered down from the Federal Law it affects him, and to reduce his isolation Enforcement Assistance Administration, by passing messages to and from the world through the New York State Division of outside. Having a clean shirt to wear to Criminal Justice, through Erie County, to court may not seem very important viewed against the backdrop of a trial that could the U.B. Foundation. The project is an experiment. get a man fifteen years in Attica, but after Immediately, it enables inmates to get several months in a jail cell, appearance messages to attorneys and families, offers may be the last vestige of personal dignity explanations of criminal procedure, and withinhis grasp. refers inmates to social and legal agencies Sometimes, fifteen minutes on the that may provide help they might not have telephone with an inmate's relatives can known was available. Ultimatly, the clarify the steps to obtain a bailbond that project's research component will use data to them before. compiled by the counselors to formulate a seemed incomprehensible model program for jails that will bring pre-trial detention closer to the spirit of the legal presumption of innocence. Counsellors interference carefully avoid any in the inmate's relationship with his or her attorney. Criminal legal advice is not offered. Nor does the project attempt to make bail recommendations. Tracing an arrested woman's property at the precinct where she was first taken after her arrest can occasionally enable her to buy some toothpaste and extra writing paper at the jail commissary, or even post bail. A Family Court detainer filed on a man be lifted by making for non-support can a larger scale in other jails. Campus Folic Festival Coming This Weekend who uses the folk genre to Nixon and anything else that decent folks want to keep decent.. by James Brennan gadfly the war, Traditional mountain ballads. blurry-eyed sea chanties or blue-eyed funky blues no matter what your taste in music. you'll find it at theBuffalo Folk Sky will be leading a Songwriters Workshop on Festival. Sunday afternoon, with Paul Gereinia heading a Blues and Gospel Workshop and Bill Vanaver hosting a Dance Opening Friday, April 21 at the State University of Buffalo's Rotary Field and running for three days, the festival will feature a wide assortment of top notch performers in the country and folk music fields. Workshop. The of the closing evening concert festival will feature The Scruggs Revue, Paul Geremia, Mississippi Fred McDowell, The Johnstons, Bessie Jones, Dan Hicks and His Hot Licks plus other performers from the previous concerts. Earl The Beers Family, who host a festival of their own "at their mountain farm, will kick oft the week-end doing backhills style country music. They will be joined by J.B. Hullo and the Hawks, a South Side Chicago bluesman with a super steel guitar and open throat gutteral singing voice. Doc Watson is on the quiet kind of shy and loaded with talent. He and his son Merle come from the Blue Ridge Mountains and have a natural guitar-picking virtuosity. Doc is blind and interprets the strings with an adept touch. side, The act to see for the whole Leon Redbone. He is a festival is Earl Scruggs, prolific Buffalo Folk Festival, and virtuoso Rocky Mountain banjo picker, will perform in the April 21-23 in Rotary Field. composer mystery man from Toronto, who gives his address as a pool hall and his phone number as a dial-a-prayer. Playing little known 1930's blues pieces, Leon also sings a large bevy of Jimmie Roger's tunes like *'T for Texas" and even some Frank Sinatra stuff like "Young at Heart" for you crooner freaks. Guitar and instrumental Notes Frown A LONG TIME TO CO WITHOUT IT University of Toronto School ofLaw The Advocate The mounties always get their man, so they say, although what the guy gets in return may depend on where the Government elects to situate him for the next few years, Yves Geoffroy, a Quebec lawyer incarcerated in that province for murdering his wife, took rather more advantage of the weekend pass granted him at his experimental prison than the gentlemen in thered coats and Smokey the Bear hats had expected. He fled to Spain for six weeks with his pre-prison mistress, putting his former law school classmate, Solicitor General Jean-Pierre Goyer to considerable trouble in getting him back. The lady involved is presently residing in Barcelona, courtesy of the Spanish government for a few years. Before his recapture, Geoffroy managed to marry her no doubt to the tune of '"Rose Marie" from an old Nelson Eddy record. PROFESSIONAL RIPOFF pro se National Law Women's Newsletter One contributrix to this journal is less than happy with what she considers to be the current trend among woman professionals. She considers the recent concern about the status of women in the professions, and business in . Earl Scruggs, former partner the late Lester Flatt, will bring his entire family revue to perform all the great banjo classics he has written or adopted. Some of his compositions include Foggy Mountain Breakdown, The Ballad of Jed Clampett, Nashville Blues and Randy Lynn of workshops highlight the Saturday afternoon activities. The evening promises a diversity of. country favorites from Bonnie Raitt to the Putnam County String Band to Pat Sky. Bonnie Raitt, Broadway star John Raitt's daughter, has a style reminiscent of the late Janis Joplin. .drinks booze on sings (or rather belts stage and out) the blues. Happy and Artis Traum will mix their own special brand of folk and country rock for the show. They appeared at U.B. last . Elsewhere year and had a successful Pat Sky, a Harvard alumnus of sorts, got his start in the Boston coffee house circuit. He is a contemporary commentarist, general, to reflect "the disgusting opportunism running rampant in the women's movement, the so-called radical left, and other liberal-intellectual circles in this country." This writer considers that, rather than improving the lot of women generally, the movement is primarily oriented towards improving the lot of a small number of "exceptional woman". Such a self-serving aggrandizement is considered a slap in the face of those trying to better thelot of all women. THERE ARE OTHER MINORITIES The Law School Journal Stanford The Hispano-American minority at this institution is presently engaged in a fight with their Administration to change admissions standards to ensure greater participation by Chicanos in the study of law. The plan presently under consideration was born after considerable agitation by minority students last year, culminating in a threat to leave the school en masse. ÜB's Minority Program Committee might consider their own admissions practices in light of the developments at Stanford. If Blacks are to be admitted under a special program, it would also seem appropriate to search out qualified students who are Puerto Rican or Amerindian. , very concert. Rag. Tickets for the Buffalo Folk Festival are available at the Norton Hall Ticket Office with a discount to students with valid U.B. identificationcards. by Michael Montgomery MOVE, OR ELSE The Gavel Cleveland State College ofLaw Like UB Law, this school is looking forward to entirely new physical facilities. Unfortunately, the powers that be in the local county government have plans for the present site of the school which might hinder study in the near future to be precise, there are plans for the construction of a justice center on that property, in preparation for which, the demoliton of the present Law School is scheduled to begin in the middle of April. Poses problems, doesn't it? Picture, if you will, what would happen if the City of Buffalo had decided to use Eagle Street as the site for the new City Court building, and had scheduled demolition clearly in advance of the most sanguine this month occupation date for the new facility in Amherst. Professor Del Cotto incontinentally lifted into the air by an errant scoop shovel scything through the side wall of his Tax Class. A wall collapsing and silencing forever the taped wisdom of Joe Marino. The fine points of the EPTL punctuated by a jackhummer. HMMM. - - �April 20, 1972 THE OPINION 7 Sports Sports Huddle Alan Snyder BASEBALL STRIKE AVERTED by 'Hug a Rugger' by JamesBrennan substitutions and the halves of the game run for40 minutes. Since there are no time-outs, when a player is injured he is fellow classmates limping down the halls with bruises and black eyes, there are two probable explanations for their unwholesome condition. [f you see your Either they play hockey with the law school team on the Fort Erie ice or they are members of the Buffalo Old Boys Rugby Club. Three freshmen and one junior from the law school currently are members of the Old Boys. They are Dave Clark, Mike Gfroerer, Peter Braun, and Jerry Soloman. Dave and Mike are rugby alumni from Dartmouth, who were first round choices in the Old Boys rugby draft. Formerly called the "UB Queens," the rugby club assumed the Boys" after name "Buffalo Old various club funding agencies at the State University of Buffalo Main St. campus refused to sponsor them as an official university club. The Old Boys are described by future barrister Dave Clark as "a fine collection of teachers, city workers, graduate students, bartenders, photographers and a burgeoning crowd of happily unemployed." Rugby, a traditional English sport similar to football, is played with 15 men on a side. There are no time-outs, no . . .. given two minutes to get up. If he is unable to rise to play, he is carried off the field by players from each team and is usually given a traditional round of applause for his fine playing effort. Also medical attention if it's available. There are three ways to score in rugby: a "try" (similar to a touchdown in football) for 4 points, a kick or conversion after try for 2 points and a penalty kick for 3 points. The Buffalo Old Boys Rugby Club hosted a Rugby Festival this past week-end in Delaware Park with teams competing from Notre Dame, Cornell, Cortland, Opening day was a huge success this year, as the first game of the season was played in honor of our late and great second baseman, Steve Larson. Opening day was featured by the return to the mound of Jeff Sommer. Will we ever forget the spring of '70 when Sommer pitched his perfect game for the freshmen against the flower-laden seniors? Along with Sommer will be his odd-coupled roommate Malcolm Morris who roams left field as if he owns it. The million dollar infield is still intact with that dynamic duo Lee Ginsberg and Stu Revo, at short and second. Nothing, literally, nothing, can get by them, however, it is too bad this grasping ability eludes them when they try to go to class. At third is Sam Neuman, also a great fielder, because nothing gets by him, either, not because of his gloves, but because of his size; that's why we call him F.S. At first base is Alan Snyder, who leaves a lot to be desired in his base-running, but makes up forall with his bat. As for theinfield, all the fielders have to do is get the ball and throw it anywhere near first, and Alan Stretch Snyder vacuums it in. Rookies this year include Elliot Tunis, who is really a three year veteran, but claims he still wants the Rookie-of-the-Year Award. Other notables include Don Martin, Tom Parmele, Lonnie Tishman, Monty Montgomery, Doug Roberts, Jerry Solomon, Gene Haber, Shelly Gould, Bob Rodecker, Tom Nolan, Don Kaplan, Bob Livote and, still trying to make the bench, Joe Meltonski. All games are held behind Hengerers at Delaware Park at 10:00 a.m. on Sunday mornings. All are welcome, except undesirables. A lot of confusion is still in the air about our pension plan, but according to the administration, it has been assumed privately that things will be taken care of. and Toronto (two teams). The Buffalo B team opposed Cortland and the Buffalo A team played the Toronto Barbarians Rugby Club. The results of the Old Boy's Cup Tournament could not be obtained before the printer's deadline on this story. Playing the preceding week-end in two inches of snow, with ice floating on the puddles on the field, the Old Boys mucked out a 7-4 victory over Brockport. Some of the snow melted and left the playing field with large patches of mud. The game proceeds no matter whul the weather or playing conditions. Ruggers, as rugby players are 1formally called, are known for their stalwart propensity (o withstand pain and cold and their robust taste for indefinite amounts of stout and bawdy locker room limericks. After their funds were discontinued, the Old Boys raised money to support their team by selling bumper stickers and buttons reading "II Takes Leather Balls to Play Rugby" LATE NOTES: The Law School Basketball team which competed in the City League failed to make the playoffs this year for the first time in four years. They were beat out by Brenners in the Tosh Collins League. Virtually the whole team will be back next year with the exceptions of three seniors: Tom Parmele, Lee Ginsberg, and Alan Snyder. The Shysters, defending campus champions, were defeated at the same time in the first round of the playoffs. Missing from last year's championship team, were both Terry Connors and Bruce Nortson both excellent ballplayers. The Shysters will lose the following seniors, but should still be able to field a team next year. Missing will be Lee Ginsberg, Don Kaplan, Bob Livate, Don Martin, Jay Beilot and - and "Hug a Rugger." Along with monetary support, the Old Boys welcome spectators and new players to join them in their Saturday afternoon romp in the mud. Anyone interested in joining this hearty bunch of lads can contact any of the law students involved Alan Snyder; The Moot Court Basketball team is in full swing, taking on all comers. Recently, Mike Calvete in a one-on-one bested the Opinions challenger Sam Fried. Dave Klein, however, remains undefeated champion with Richie Steiner vying tor honors. or call 875-3953. STUDENTS invest in life insurance .. now while your premium rate is low! , Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus: 852-3446 Res: 832-7886 'Ml Kipw YffflS New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans NEW YORK BAR Kk IgrTOLrri no JBAR ,E|i^N^orp - . Mm 2t>. Wedding Announcement JULY EXAM REVIEW COURSE York Education Law orated under the New of Veterans. and approved for the training was The unique method of approach utilized in the Course developed 6y Joseph L. Marino and his staff of experienced in order to provide attorneys, practicing lecturers and active Bar Examination with candidates for the New York Slate(I) a familiarity with the essentials of proper preparation:ready recall of the New York (2) a nature of the examination. Law (3) a reliable method of analyzing complicated fact answers, well-reasoned facility writing for (4) a situations and (51 a review of yes-no Bar type questions, (6) recent the devzlopmenl in the law. INC. MARINO BAR REVIEW COURSECity, N.Y. 11530 Garden 109 Tullamore Rα -founded in 194680% of our students have over than years, -� better the last 5 passed the Bar Exam A i , lv i\i it'!'.■ 1u< lulu"! in'i. \ i \ , 41. Rims. Laughing". 42. 43. Cassettes. ■" " 45. Jostle. ,. . ANSWERS TO NO. 8 « *.'<■ r fl>|l j*|»M?|e & .*■ h* m±.c l*ieW*A~i<l\i Li! e ctVJT ! ,■- 11J"Hf*' <y> ;". ". ■'>,> »l« (It V- U .)• ■ ■ yL£_"'J ■IB' i' iH» '« t> i» !•■ Ifl j "= , <r .}"»>■ reHα R. T • • 1 | *lr ■ Si i-1 i'i'ilJf* ijJB* « it y I !t '-:L 1 1 ''.'iPF! MM i KjßciH it Rl£ ■; ■*--S-W.< t -, ■jjftWa ■' .l Si* Ml oK ' Tj '. SiSifl ■" '» ! XMA-b S3? »J1 yjlji ■<;« I- ifei 1. cfi. if ' 1 IKVK^k°v — v^^^^^i , 21. Goddess. and Trial. 24 25. Dens. 27.Sky(Fr.) Children. 28. Poker Term. Taunts, in a way. Anc. Slave. 29. Goads. 30. Medium Word. DOWN 32. Lost Person (coll.). 34. Occupations of 3-down. 1. Extinct Bird. 35. Marie and Catherine. 2. So Be It. 36. Wounded. 3. Collective Name of 18 38. Left. and 57 Across (with "The") 42. Resound. 4.Some. 44. Jewish Month. 5. French Liquids. 45 Prompters Cues. 6. Cong. 46. Measure. 7. Top. 47. Maine Town. 48. Sputnik Oval. 8. Congo Bantu. 9. Does Part of a Criminal 50. Mountain Scar. 52. Morays. Proceeding. 53. Rive. 1" Comedian Bert. 11. Gallic Name. 55. Bare. 56. Prefix for Phone or Vision. 12.A.A 58. Body Acid. 13. Ship Word. 19 Place 59. Before (Pref.). 61. 62. 63. 64. 65. 57. Kenneth Preston. 59 Churchwarden, i.e. i~ -..._. 60. Dye 46 Dove Sound. 49. Women's Group. 50. Tribe of Israel. 51. Debt Owing. 53. Threesome. 54. Negative. , T —T ■ Source. Native. Virginia �April 20, 1972 THE OPINION 8 BulETiNBoARd PUBLIC PROSECUTORS TRAINING PROGRAM A four week Public Prosecutors Training Program will be held this summer at Fordham University Law school of Law. The program will begin June 19 and last until July 14 and will consist of a week of lectures and three weeks of workshops. Workshops will include sections on trial practice, the Grand Jury's functions, Search and Seizure, Surveillance, Lineups, Identification Procedures, the Accusatory Process and Indictments. The entire fourth week will be devoted to trial procedures. All classes will be Vh hours long, commencing at 4:30 until 7:00. They will be conducted in part by members of the District Attorney's staff and the U.S. Attorney's office. There is no clinical aspect involved, however. There is no tuition for this course, and no course credit will be given. No exams or papers are required. The program will be somewhat selective, since enrollment is limited. Applications and additional information on this program may INTERNSHIP A summer internship program with the County District The International Law Club announces the electionof Attorney's Office is in the process of formulation. officers for 1972-73: Ted Orlin, President; Mark such a program should contact Mr. Finkelstein, Vice President; Skip Conover, Secretary and Anyone interested in Larry Loveday, Treasurer. Thomas Buergcnllial will Munak, rin. 602 Prudential. continue to serve as faculty advisor. Mr. Orlin announced that tentative plans for next year ICVTS FFICIERS LA ELWO will include a return visit of the club members to Belgium. The club wilt also continue to co-sponsor in conjunction Ms. Linda Drucker was elected President of the with MootCourt, the Jessup Competition. Student Law Wives Association on April 12. Ms. Ann Speakers, as this year, will remain an integral club Frank was voted Vice President. Also elected were Ms. activity. This year, the young club sponsored Thomas Wooding, Recording Secretary, and Ms. Candy Dine, Seymour Hersh and Benjamin Ferancz, Topics Marsha Donovan, Corresponding Secretary. The post of Treasurer ranged from Bangla Desh toWar Crimes Law. Ms. Kathy Stachowski. went to Interested students are encouraged to contact any of The Law Wives held a Spring Banquet at the Old Red the officers concerning membership. Mill Inn on April 15. Wives of graduating seniors were bid INTERNATIONAL LAW CLUB OFFICIERS be obtained from Mr. Manak in Rm. 602 Prudential. members, enjoyed Donovan, Wooding, year, Corresponding Kathy April Everyone applauded Recording Secretary. company. Spring graduating Secretary, very plan Banquet enjoyable April many post join. Candy Student Marsha Mill farewell Association. went Frank The Ms. Next Inn to was Law Ms. the LAW Linda on Law and and voted food Wives are Wives the WIVES Drucker and anxious IS. Vice Stachowski. held Law Association Wives the had President. a ELECT Wives to was of have a for elected on new OFFICIERS Also their The women President elected and work seniors at 12. the activities ofTreasurer Ms. with time were Ms. Old were of Ann Red and Ms. bid the the for UNIFORM PROBATE CODE The American Bar Association Joint Committee on. Continuing Legal Education will sponsor the ACLEA National Conference on the Uniform Probate Code May 4, 5 and 6, 1972, in Denver, Colorado. Registration fee for the conference is $150 including admission to all sessions and a set of study materials. For further information, write: Paul Wolkin, Director Courses of Study, ALI-ABA Joint Comm. on Continuing Legal Education 4025 Chestnut Street Perm. 19104 Philadelphia, I farewell and applauded for their work with the Association. Everyone had a very enjoyable time and enjoyed the food and the company. Next year, the Law Wives plan many activities for members, and are anxious to have new women join. ' i i ATTENTION: CLASS OF 1927 On April 12, 1972, a number of the members of the Class of 1927 Buffalo Law School had a luncheon, at which time Samuel C. Battaglia and Jean A. Martin were selected as co-chairmen for a class get-together for early in June, 1972. An Arrangements Committee is to be appointed later. Belling UB PLACEMENT SERVICES Students interested in obtaining part or full-time employment are encouraged to register with Placement Officer Tom Hurley. Besides locating positions, Mr. Hurley is interested in working with students in preparing resumes and placement materials. Mr. Hurley will be in Rm. 644 Prudential Tuesdays and Wednesdays. Appointments may be made by calling 831-4414. He is interested in meeting and speaking with students about placement possibilities. outstanding ABA-LSD, 1, year's prize Chicago, LSD, Henry currently essay. topic Henry including $2000 being essays. open entry graduates. by form, Essay Essay Territorial This contest the June The A For INTERNATIONAL further 1155 1972 1972 is Limit". ABA East of for C. information Illinois Morris submission 60th is The "Possible C. St. contest International 60637 Morris will June LAW and conducted of be 1972 Solutions an isInternational ESSAY awarded Law to to all the CONTEST for the members contact: Deadline Law ABA-LSD. the Contest 200-Mile most of is LAESCINWTRYOAL ONTEST The 1972 Henry C. Morris International Law Essay contest is currently being conducted by the ABA-LSD. This year's topic is "Possible Solutions to the 200-Mile Territorial Limit". A prize of $2000 will be awarded for the most outstanding essay. The contest is open to all members of the ABA-LSD, including June 1972 graduates.Deadline is June 1, 1972 for submission of essays. For furtherinformation and an entry form, contact: Henry C. Morris International Law Essay Contest LSD, ABA 1155 East 60th St. Chicago, Illinois 60637 War Crimes Speech (continued military victory. from page one) Mr. Hersh scorned the idea of military justice,. noting that there were only 4or 5 murder charges in the entire division that year. A murder is thus defined as an incident when a prisoner's brains are blown out in the presence of a colonel or general. By the same token, rape occurs when a woman is assaulted by 20 men in front of a colonel. Hersh noted that there were several incidents of this gravity. .. Hersh concluded by saying that "Military Justice no role to play in the field. .everyone knows in the head and that it is wrong to shoot. if .people you want to call that some people won't military justice, you can.. .;' has - - Mr. Ferencz, a believer in international law, and spea king on the Rights of the Victims of War Crimes, noted that the duty of the lawyer is to examine facts and to realize that weare dealing with violations of human rights. War violates, he stated, the most fundamental human right of all the right to live. Discussing Nuremburg, Ferencz compared the trials with the Viet Nam trials. Mere one defendant was charged with the killing of one million men. The men participating in the My Lai massacre were ashamed, he noted, while those at Nuremburg showed no signs of shame or remorse. He related the incident of a warrant officer in Viet Nam who refused to shoot down civilians and told his officer that he was going to evacuate civilians. He added "I never heard of this happening in the German Army." The warrant officeris nowa captain in the Army who was given a Distinguished Flying Cross for his acts, Ferancz stated, and the men who covered up My Lai are no longer in good standing with the Army. Mr. Ferencz noted the three categories of War Crimes: War Crimes per se, crimes against peace, and genocide or apartheid. crimes against humanity After the speeches and discussion, a reception was held for distinguished visitors, students and faculty in the Facpjty Lounge, .where there was an opportunity for all to meet-and discuss the speech. - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-04-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 11 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/20/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/d617460230681ec59fa8ba4ae41e6779.pdf 7525cd34e4026db4caa234995f69dfc5 PDF Text Text VS. Poit^e Th* Opinion 77 West Eiglc St. Buffalo, New Yoik 14202 Volume 12, No. 10 PAID BUFFALO. N.Y. PERMIT NO. 70« THO E PINION State Unjvarrity of New Yotfc it Buffalo School of Law March 28. 1972 SBA Elect ion Today Kinoy Keynotes Conference and Tomorrow On Theory and Practice See Center Section Moot Court Names New Board Members by JamesBrennan The Moot Court Board has selected ten new members for the academic year 1972-73, who will replace the graduating seniors of the old board. The new members elected Peter D. Clark chairman of the board at their first meeting Monday evening. Peter is a junior, who graduated from San Francisco State. The chairman has theresponsibility ofco-ordinating Buffalo's moot court team in the various events such as the Niagara International and Jessup National Competitions. He insures the team's brief is correct on the law with proper citations and is submitted within the requisite period of time. He also directs the Desmond Moot Court Competition, which is open to all members of our law school. Along with arranging the court room assignments, he contacts the attorneys and judges to handle the judging in the event. His most important duty is to act as liason between the law school and the local bar. he serves as a spokesman for the Moot Court Board to the university administration, arranges the three credit hours for the board members and oversees financial and budgetary matters. Junior members selected for the new board are: Jesse M. Baker, Hampton Institute, Vir.; Lawrence Brenner, Brooklyn College; Alan F. Liebowitz, University of Florida at Gainesville; David C. Schubel, University of Virginia and Fred Steinberg, State University of Buffalo. Three freshmen were selected this year to serve for two years on the Moot Court Board. They are James E. Brennan, State University of Buffalo; Dennis M. Hyatt, State University of Oswego and Lance J. Mark, University of Miami, Ohio. New Opinion Editor Rosalie Stoll has been selected to be Editor-in-Chief of The Opinion for the 1972-73 academic year. Miss Stoll is a Junior at the Law School. During the 1970-71 year she served as a staff writer and this year held the position of Associate Editor. The new Editor will assume office this Wednesday and will be responsible for the remaining issues of this semester. Miss Stoll announced that the position of Business Manager will be filled by Christopher Greene and that of Photography Editor by Christopher Belling. Further appointments will be announced at a later date. View from the Left Right On! by Tricia Semmelhack "I am an omen of women's political future and it doesn't take a crystal ball to foreseethat we are going to remove the 'for men only' sign from government and have an equal role in political life". Thus did Rep. Bella Abzug characterize both her role in Congress and the growing movement among women to achieve representative political power in the various political and policy making bodies of the country. Her page two View from the Right page three SBA Election The Candidates, the issues page four Intl Law Club Dine speaks on Bangla Desh page six Mitchell Lecture Lawyers in Law Enforcement page six Liechtenstein Bar Review Monty strikes again Constitution. The government here is turning against these most basic rights. The ideas he is defending in the wiretapping case are not radical new ones. They involve forms and institutions which are supposed to be the fundamental values of this system of government. In wiretapping cases, radical lawyers are cast as defenders of those elementary values which the government is turning against. Radicals today are the strict constructionists. "Contradictory?," heasked, "Of course. To understand that is to understand the essence of what is happening .. today." Every single important political case today has wiretapping involved with it. "We should be fighting and we willcontinue to fight." He feared that the people in power are experimenting with fascism with a new way of ruling, pushing aside the old forms of government. The left movement and the radical movementare subjectively weak, Kinoy felt, only because they have not figured out what they plan to do. The right, by the same token, is experimenting with a new form of leadership which would cut power off from the musses of people. Dealing with how to conduct a struggle against the government, Kinoy noted that the rights and liberties belong to the people, and were originally created by the demands of the people who had learned from the errorsand mistakes of the past. He questioned what the rulers are frightened of. He suggested that there is a possibility that the people of this country will come to understand the "one great liberating truth" that the people will - be abte to solve their own problems only by taking their own lives into Iheir own hands. People must, he emphasized, understand that the return of power in every institution must be granted to the people. This is the challenge to the radical lawyer today to use one's energy as champions of the elementary rights of the peole. The radical lawyers msut take leadership, and build institutions of political control which the people can control. Radical lawyers must use their skills as lawyers and their heads and hearts as people. "If you win, millions and millions of people in this country move forward." - Law Students Attend Nat'l Women's Political Caucus IN THIS ISSUE: Up Against theBench Concerned Law Students held a Law Conference on Theory and Practice March 17-19th. Participants were invited from across the country, and almost a hundred people attended. Friday night was highlighted by a speech from Arthur Kinoy, a foremost constitutional law practitioner. Workshops and panel discussions were held on Saturday, and Sunday wound up the conference with a critical self evaluation. Delegates came from law communes and law schools in the eastern half of the United States: Detroit, Chicago, Boston, Maine, and Brooklyn, were among other areas, well represented. Rachael Mueller, a junior at Buffalo, introduced Mr. Kinoy. In her introduction she announced the bases for the conference and stated that "We hope from this conference will come a sense of solidarity, theory and tactics that are necessary." Mr. Kinoy, speaking on 'The Role of a Radical Lawyer", emphasized that his primary purpose would he to throw out thoughts. Ik slated that he had no answer as to a radical lawyer's total role is in society, he noted, though, that there was a time, not so long ago, thai few people would say "I'm a radical lawyer". Now, he stated, "I share happily and gladly and proudly the title of radical lawyer with hundreds and thousands of others across the country." He mentioned lhal there is a whole new breed of lawyers graduating from todays law school, who are fast becoming a major force in the American Bar and country. The heart of the matter, Kinoy constantly emphasized, is that there have been radical lawyers every at critical period of America's history. Radical lawyers have nothing to be ashamed of, "Our traditions are the finest, the greatest in this country." Kinoy discussed a wiretapping case that he is counsel in, that is currently before the Supreme Court. He noted the implications of wirelapping, and stated that when the Attorney General discussed the suspension of the Constitution, "it sent chills down backs." Here, he stated, the government was asking for the uncontrolled power to invade privacy, its own judgment or discretion being the sole deciding factor. Mr. Kinoy expressed fear of the invasion of the most elementary and simple rights guaranteed in the remarks were made in a dynamic speech given Saturday night, March 4th, to a meeting of approximately 500 women from all over New York State in Albany for a two day conference to organize the N.Y. State arm of the National Women's Political caucus. Two first year Buffalo law students, Carol Burke and Tricia Semmelhack, sponsored in part by the Women Law Students Association, attended the conference, which consisted of 3 page seven plenary sessions and 13 workshops dealing with the actual lhow-to' aspects of effective political participation. The conferees were told it was no longer enough to just register and yote, it was time to file and Caucus; Constance Cook, Liberal Republican Assemblywoman from Ithaca; Mary Ann Krupsak, Democratic Assemblywoman from Amsterdam; and Liz run. Carpenter, former press secretary to Mrs. Lyndon The National Women's Political Caucus, founded last July and now active in 46 states, is a broadly based, multipartisan organization with members from a wide spectrum of political, racial, ethnic, economic, and religious backgrounds. Supported by all 3 women members of the N.Y. Slate Assembly and both N.Y. members of Congress, Shirley Chisholm and Bella Abzug, the Caucus is dedicated to the idea that women working in comman can, despite their differences, translate their potential political power into an effective force to build a "non-sexist, non-racist, non-poor, non-violent society." Among the better known conference speakers, in addition to Bella Abzug, were Betty Friedan, author of The Feminine Mystique, founder of NOW and one of the organizers of the National Women's Political Johnson. Some of the B. immediate objectives of the Caucus are of the Equal Rights Amendment, open selection passage processes for National Convention delegates to ensure 50% representation for women, establishment of watchdog committees to monitor the preformance of legislators and other public officials, and organization of broad based, vigorous local area caucuses to ensure the grass roots character of the movement. In her Sunday morning address, Betty Friedan, while counselling patience "to ensure our growing pains' said, the big political news of 1972 is that "we're going to have our own political power. .we are making history. .there's no turning back." That, in sum, was the mood of the conference. .. , �Editorial .. March 28, 1972 THE OPINION 2 PRESidNT' CORNER by SBA Elections As the old saying goes: "Support your Student Bar Association Vote!" We are not sure that any further pleas to the collective conscience of the student body will serve any purpose, however, in the hope that somehow we can promote through this Editorial a more voluminous and intelligent vote we will persevere. As most students are aware, the S.B.A. has experienced recently what must be its most trying year. The issues concerning the budgeting of student organizations, political stances of the body, student-faculty-administration relations, grading, placement, etc. have elevated the organization in the public eye to a position of greater importance than in the past. For the second straight year The Opinion is providing information about each of the candidates to aid the student body in making an intelligent decision. We hope that the statements will be carefully read and that each student's vote will be carefully cast. Above everything else, please vote. This Faculty has a tradition of having the highest percentage of voters in student elections. Let's continue this tradition. And when you vote, think who do you want to represent you before the faculty, the administration, the Bar, etc. It's up to you. .. Malcolm Morris I devoted my efforts in the past six months to what many of my colleagues believed to be a frivolous cause. It was my hope that I would be able to lead the student government in such a manner as to show the "non-believers" that an active student government can be a guiding force in implementing change and bestowing benefits to the students. I think the fact that students are presently enrolled in N.Y. Practice, Agency and Partnership, and Estate Planning courses indicates what a properly supported student government can achieve in the way of ef f ecting administrative decisions. I think the coffee machine is indicative of the benefits that can be bestowed. To this end I think I have been successful. I feel that the majority of the students now feel that they can, achieve desired goals through the S.B.A. However, 1 am not so concerned with the accomplishments of my administration, but rather, am more concerned with the failures. It is these failures that following administrations must act upon, and, with the wisdom of my errors, convert into successes. 1 am confident that with the proper support there are no limitations on what we can accomplish. am leaving in the hands of I the next administration detailed plans for the operation of a student bookstore. Mssrs. Horwitz and Miller have been diligently planning this for the praise past few months and their efforts. However, their fine work will go all for nought unless the S.B.A. receives the proper support during the difficult early going. I would also be dismayed to see a further rift and increasing distrust develop between the students and the faculty (including the "administra- I tion"). I have found many members of the faculty quite interested in the problems that we are encountering. I have also found that many are quite dismayed that the students do New Editor Rosalie Stoll will be assuming the Editorship of The Opinion immediately following the publication of this issue. hope that she will receive the support and cooperation I that I have in the last two years. Remember that The Opinion is a community project and that it can only continue as long as the Law School supports it. John Samuelson ™ OPINION Volume 12, No. 10 ——- March 28, 1972 Editor-in-Chief John R. Samuelson Assistant Editor Rosalie .Stall Managing Editor George Riedel News Editor Vacant ArticleEditor Mike Montgomery S.B.A. Editor Vacant Feature Editor Vacant Photgraphy Editor Samuel Fried -— — — - , postage entered at Buffalo, New York. Editor's Note After two years, 18 issues, 140 pages and countless words I am leaving The Opinion for others to enjoy. 1 must confess that it will seem strange indeed to have the twenty or so hours a week free to think ofother things but I suppose this is partly just separation anxiety. I would like to thank some of the people whohave made The Opinion a reality: Rose Stoll, who has done more assignments, written more stories, read more copy than anyone on the staff; Mike Montgomery probably our most popular writerand a real workhorse; George Riedel, who set up our circulation dept. and wrote from the beginning; Sam Fried, who set up our darkroom and photography staff; Chris Greene, who made advertising a reality; Otto Matsch, our most controversial columnist; and all the others without whose support The Opinion would not have been possible. Thank you all for your help and support. I would like at this time to thank my officers for their invaluable help over the past few months. I am sure that I speak for them, as well as for myself, in wishing you all the best in the future and in saying that we hope we have been of some value to you over the past year. Letrs E Thoe ditor To theEditor: Rosalie Stoll and the staff of the Opinion did a fine job with the Senior JobOutlook Questionnaire which appeared in the February 24, 1972, issue of the Opinion. The information gained from this survey will be considered in the continued expansion of the placement effort. [ am most interested in cooperation with the Opinion and any other group or individual to To the Editor: If some of us feel that they cannot survive a class period without a breath of fresh air, I suggest that they step outside for five minutes in order to satisfy their selfish habit. A Smoker Letters are welcome from students, faculty, alumni and others. The Opinion reserves theright to shorten letters too lengthy to print in their entirety. enhance the Law School placement program. Thank you for your concern. Please limit letters to two typewritten pages. Send Thomas F. Hurley to: The Opinion, 77 West Eagle St.,Buffalo, NY. University Placementand Career Guidance. 14202. Anonymous letters will not be published. Up Against —— —— "properly". Fresh Air Freaks? Job Survey -- Production Manager Vacant Business Manager Chris Greene Staff Writers Otto Matech, Jeff Spencer, Rosalie Stoll, James Brennan, Columnists Otto Matsch, Joe Heath Contributors James Brennan, Malcolm Morris, Linda Cleveland, Larry D. Shapiro, Tricia Semmelhack, Larry Zimmerman I holographies Samuel Fried, Chris Belling, Gary Masline David Klein The Opinion is published every other wrek except for vacations during the academic year. It is the student, newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The view;, expresses in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third class not take as active a part as they can in student-faculty relations. I have found the denizens of Prudential to be quite helpful. I am sure future years will bring even closer relations between the different parties of the school. But I think it important that we keep in mind that there is a proper and improper way of doing things. Making demands of the faculty has consistently proved to be an improper way. Approaching the faculty (and the Provost) sitting down with them and defining the problem, giving your views, listening to theirs, and then coming to a joint determination is the proper way, and a way that can be established as operating procedure in this school if we approach the problem by Joe Heath This is written for those of you who still believe in the sanctity of our "legal" system and who still believe in the legitimacy of this government and who refuse to believe that the capitalists run this country. ITT, one of the richest and bloodiest corporations in the world, recently almost got too hungry in its grab for power and the Amerikan government stood up to it and told it to stop, for a while, until ITT bought off the Amerikan government. When ITT announced plans to buy Hartford Fire Insurance Company, the Anti-Trust Office of the "Justice" Department warned them not to. The Justice Department had the audacity to say it would take steps to dissolve the action. ITT, knowing the power of money over our "leaders", went ahead anyway. Once again the state was caught in a contradictory position. It wants to pretend that it is protecting the individual against the evils of monopoly capitalism. This is, of course, bullshit. What is shown by this whole affair is that the actual role of the state is to serve the capitalists and to make sure that their power and the status quo is not challenged. When these are directly challenged such as al Attica and by thePanthers, the state resorts to violence because to them property and order are more important than human beings. At first the Justice Department made it look good. Richard McLaren, head of the Anti-Trust Office of the Justice Department stated that this would be a "test case". McLaren worked for two and a half years on the case. After two and a half years, he dropped the case because his bosses Richard Kleindienst and John Mitchell toldhim to. McLaren's personal reward for doing what he was told and abandoning the anti-trust action came in December when he was appointed to a federal judgeship. Kleindienst wrote a letter to Democratic National Chairman, Larry O'Brien saying the ITT case had been negotiated and handled exclusively by the Anti-Trust Office. This is a lie. One ITT director visited Kleindienst at least five times. The Bench John Mitchell testified (under oath) that he had no knowledge of ITT's $400,000 commitment to subsidize the Republican convention. Eight days after this pledge was made, the suit was dropped. Mitchell is Nixon's campaign manager and as such is directly involved with planning every detail of the charade of the convention. And yet he says he didn't know that ITT had offered to put up $400,000 so the convention could be in San Diago. BULLSHIT. Men only lie when they have something to hide. Could it be the blood of all the people they have had killed who stood up to their madness. These two liars, Mitchell and Kleindienst are supposed to be the two top law enforcement officials. Kind of makes you wonder. But those people have been lying to us for a long time. They lied about Bobby Scale, Huey Newton, Angela Davis, George Jackson,and Fred Hampton. We must not accept their lies! We must not enforce their systems of "laws" that put black and brown and poor people in jail and that allow the real criminals to buy their way out of it. We must recognize the contradictions and not allow the state to disguise its real motives and its killings in euphemisms. We must expose the contradictions and participate in the "legal" system only to force the state to further contradict itself. Our "legal" system is supposed to be based on justice and truth. How can it be thafwhen these liars are in such powerful positions in it? You may remember that Mitchell hand-picked all of Nixon's Supreme Court nominees and countless other lower federal judges such as McLaren. So that branch of our legal syslem is heavily infected with this same disease. We should not help them carry out their lies. Lying is a way of expressing hatred. If you love someone you don't lie to them, you tell'them the truth so that you can grow together in trust and openness and friendship and brotherhood. When you lie to someone you are twisting the truth to . serve your goals. The men and women who stand up to speak the truth are shot down. The liars are rewarded with positions of power. What is this insanity? �March 28, 1972 THE OPINION 3 SB A Proposed Schedule Change Discussed MARCH 10 by Michael Montgomery FEBRUARY GRADUATES: Assist. Dean Lochner announced that out of the 15 February graduates from UB Law, 5 will need to be petitioned through the Court of Appeals in regard to certification for the Bar exam. While the outcome of such petitioning is uncertain, he stated that Provost Schwartz will be traveling to Albany on 13 March to discuss things with the appropriate parties. PROPOSED SCHEDULE: Gene Goffin and Judy Kampf announced the results of the Junior class meeting held to discuss the schedule proposed to go into effect in the Fall Semester. A general need was expressed for some form of a reading week in each semester, a suggestion which may be difficult to accomplish in the spring. President Morris noted that student opinion may not mean too much to the Administration in view of the schedule presently in force on the Main Campus, and the joinder o> the Law School with the rest of UB sometime in '73.* Sally Mendola doubted Faculty reasoning in regard to faster computer grading of exams because of Faculty member's present record on turning in exam grades. Generally, she felt that the prosed ending of exams just before Christmas would be very hard on non-WNY residents who travel home for vacation. G of fin stated that the reasoning in in the Fall semester was a serious mistake, based on the need of time forFreshmen to prepare for exams in a somewhat alien environment. It was also suggested that the first week of classes proposed to be before Labor Day was likely to be a waste anyway. Rosalie Stoll was appointed to chair a regard to holding graduation coterminous committee to come up with a referendum with that of the main Campus was set ofproposals by Presidential fiat. meaningless because sentiment at the Law SOCIAL COMMITTEE: The question of School supported separate graduations more beer parties was introduced by Senior anyway. Director Montgomery. John Anderson Judy Kampf stated that we had never proposed the holding ofa party outside the had a reading week in the spring anyway, Law School before the upcoming SBA and could probably do without one in the elections. Kampf questioned the Director Fall. She suggested a grouping of the wisdom of holding an outside party if it floating holidays in the Fall around would cost twice as much as a beer party Thanksgiving to afford a free week at that held in (the area laughingly known as) the time, only three weeksbefore exams. The Law School Lounge. When queried about Junior Director also proposed an informal available funds Treasurer Weinberg initially Faculty agreement to hold review sessions responded in an obfuscatory manner. It only in thelast week of classes. came out that the Social Committee has Audience comment suggested that the available $400, exclusive of the $200 profit failure to have some sort of reading week from theXerox machine. General comment from the SBA indicated that outside parties tend to be the most enjoyable, since they give people a chance to get away from Eagle Street. If a band cost only SIOO-5125, it was suggested that the SBA use the Xerox profits to get one for an outside party. Treasurer Weinberg stated: "I am the Treasurer and I want a ball park figure of some kind." Audience comment indicated that some one ought to cut the Gordian knot of parliamentary hassling. A proposal favoring the procuring of a band passed 9-0-2 with one non-vote. A motion to limit guests to I per Law Student was passed on a tie-breaking vote by President Morris. REFERENDUM DECISION MAKING: One member of the audience questioned the SBA's policy of constantly referring large issues to student referenda rather than doing something themselves. The issue of Opinion stipends was cited as a case pertinent to something, since the Referendum favoring the Opinion was not followed by the SBA anyway. Elections, Parties, Grades, Etc. , MARCH 17 THE COURT: The 17 March SBA meeting was prefaced by a brief statement by Provost Schwartz in regard to the Court of Appeals requirements for certification to the BAR. ELECTIONS: President Morris stated that the first election for SBA officers will additional petitions will be required for these individuals. Ail petitions for Directorial positions must be submitted on the day of the election ofofficers. LAW DAY: President Morris received a letter from Assist; Provost Greiner in regard to a Law Day ceremony to be held be held the week immediately preceding in Albany on 1 May. Expenses are usually the Spring Recess. Any loser in a taken care of by some outside body. It was campaign for officer positions will decided that President Morris will appoint automatically be put on the ballot for a the Hit Law School Representative Director from his/her class unless that preferably a square according to comment individual takes affirmative action to from the body.. (?) remove him/herself from the ballot, No STUDENT FEE WAIVER: Apparently - each University Student Association is impossible to hold the party in one of the empowered to set up its own standards for UB dorms anyway, since present the waiver of Student fees due to poverty, regulations forbid parties in the dorms not subject to certain broad guidelines. It was held by a Residence organization. decided to leave the formulation of standards to the incoming SBA to work on GRADING REFERENDUM: After withDean Lochner. some discussion, Lee Ginsberg stated that SOCIAL COMMITTEE: John Anderson the alternatives offered on the grading reported that the next Law School party referendum, to be held in conjunction with will be held tentatively on Saturday 25 elections, will include I, the present system March at the Lamp Post (American Legion) 2. the present system without the 'D' 3. a on Wherle drive, whose rates are more straight pass/fail system 4. some form of reasonable than those for University ABCDF system. facilities. It was noted that it would be RiGHT ON! by ANIMAL CRACKERS mail. The yellow card merely lists his name, address and type of coverage ("all available benefits"), but does not 1. THE HORRIBLE ORDEAL OF MASON LUSTIG, A list his age, weight, or height (250 pounds and 39 inches TRUE TAIL OF ADVENTURE INTHE REAL WORLD at the shoulder). Ms. Lustig wonders what is to prevent OUT THERE Mason from loaning his ID card to someone else who could then put the bite on the people for "all available None of Mason Lustig's friends are surprised if he benefits." The zealous Medicaid bureaucrats even occasionally feels like howling at the moon. They pass it informed Mason that he was not sufficiently diligent in off as a hairy moment and blame it all on the dog's life he ripping off the taxpayers, and suggested thathe apply for leads in Fun City. Mason is one of the poorest residents of further non-Medicaid benefits. Lindsay's wonderful town, living in cramped, stuffy, The grueling ordeal of Mason Lustig, his dogged one-room quarters, eating mainly cheap, chopped meat, struggle and finally his howling success in getting his and going barefoot all year, even during the slushy Fun pitiful application grudgingly approved by the City winters. The only thing Mason doesn't have to worry Tight-Fisted Welfare Establishment Stooges makes one about is his health. With the help of a loyal friend(Mason wonder how many other parasites are taking a free ride on is also illiterate) Mason registered for Medicaid, and is now the welfare rolls. (One indication is the dramatic 18% eligible forall available benefits, including visits to doctors reduction in therolls when New York state required that and dentists, false teeth, eyeglasses,prescription drugs and welfarechecks be collected in person.) It could even make money for transportation. one question the shibboleth of welfare as a "right" of among us who some people to use the power of the government to force There are still a few hard-hearted ones would deny Mason his "welfare rights." These inhuman, other people to support them. Some might go so far as to label that as involuntary servitude. inhumane rats would argue that Mason does not deserve Fortunately for the people of New York, Fun City has these benefits because he is, after all, only a dog. An taken action to curb the chiseling exposed by Mason it AKC-registered Harlequin Great Dane to be exact. brought criminal charges against Evelyn Lustig. Lustig, decided has to Mason Lustig's owner, Evelyn dramatize the administrative laxness of the New York Woofwoofwoofwoofwoof! City Medicaid program. She filled out forms for Mason (he did not accompany her) listing him as 32 years old, 2. WOLVES v. DAVIS (he's really SV&), and giving him two dependents, Bovine The imperialist wolves and their running dog lakkeys, and Quinyce, and asked and received benefits for them, too. Neither Ms. Luitig nor Mason were required to give the faskist butkhers of the rakist, oppressive Amerikan notary. warmongering, presence kapitalistik regime, as the old saying goes, the of a That answers under oath or in would have been "degrading" to Mason. No bureaucratic has put Angela Davis up for trial on charges of murder and "political" his other activities just because she is a beautiful, collaring him at ear-jerker hounded Mason by flea-bitten residence, or by checking to see if his two brilliant, black woman communist. Her trial has become non-existant dependant whelps were really enrolled in the cause cetebre of the communist world from one end school. That would have been "degrading" toMason. Nor of the Workers' Paradise to the other. In fact, the did he have to pick up his Medical ID card in person; that commies made such a fuss about how poor Angela was too, would have been "degrading." His card arrived by being railroaded that an unprecedented step has been — OTTO MATSCH - taken reporters hum Russia and Russian satellites have been invited to cover the trial. The idea is that their noble presence will prevent any blatant hanky-panky between the fascist judge and the Yankee-devil prosecutor, and will give the loyal readers back in the Great Socialist Motherland a first hand account ofhow Amerika murders its best minds. It is a swell idea. Unfortunately, no reciprocity agreements were made. It would have been nice to have ACLU-trained (nothing but the best for our reporters!) court reporters on hand in Moscow at the recent trial of Ivan Yakhimovich. He was declared legally insane by reason of having publicly condemned the Russian invasion of Czechoslovakia and similar paranoid actions, and sentenced to an indefinite term in the booby hatch. It would have been interesting to read ACLU reports of the trials at which Yuri Daniel, Anatoly Marchenko and Alexander Solzher.itsin were condemned to Siberian labor camps for writing critical articles about the Russian regime. (Being critical of the Kremlin is a nyet-nyet.) And send those ACLU reps to Jugoslavia, where Mihajlo Mihajlov is in jail for writing an essay in the New York Times, of all places, and to Czechoslovakia whereZdanek Samavsky and Ludek Pachman (a chess International Grandmaster) were tossed in the can for urgingpeople to congratulate AlexanderDubcek on his birthday. Or back to Moscow, where some teenagers were given the death sentence for black marketeering. With a reciprocity agreement we could keep those ACLU-trained reps real busy just telling us all about civil liberties of people in the Workers*Paradise, and how we could catch up. Even without the ACLU news reports we can still chuckle over the tall tales of political oppression being spun by the communist-satellite reporters covering the Davis trial. They can recognize political oppression when they see it; it gives them that "at home" feeling. And if the stories don't come out just right, then they will get that feeling at home. �March 28, THE OPINION 4 1972 Student Bar AssociationElectionIf by JohnSamuelson Voting begins today for the five positions in the Student Bar Association. A record five candidates are contesting the office of President, three the position of Ist Vice-President, and two the office of Treasurer. The positions of 2nd Vice-President and Secretary are uncontested, with one candidaterunning foreach. Four of the candidates are veterans of the SBA. John Anderson served as Secretary this year while William Buscaglia, Gene Goffin, and Judith Kampf served as Directors. All candidates who do not win election in this contest will be placed automatically on the ballot of their respective class for the following election of Directors, unless he or she asks to have the name withdrawn. Because of the large number of candidatesrunning for the office of President there is a goodpossibility that there will be a runoffelection of the top two vote-getters. This will be necessary if no candidate is able to obtain a majority of the votes cast. The possibility of a run-off also exists in the Ist Vice-President race where three candidates are - STUDENT BAR ASSOCIATION BALLOT 2nd Vice-President Skip Conover President John Anderson Gene Goffin John Hayden Lloyd Silverstein Michael Stachowski Ist Vice-President Richard E. Clark Judith Kampf Rosalie Stoll Treasurer William X BuscaBlia Martin Miller . Secretary Linda Fried Referendum Questions 1 New Schedule Proposal 2. Grading Reform running. The winners of theelectionwill be announced Thursday morning. Election of Directors will take place the first weekafter the Spring vacation. Also to be voted upon will be referendum questions dealing with the proposed schedulechange and the grading system. President Gene Goffyi John Anderson There are several areas of present problems involving the law school concerning its external and internal relationship that need correction. Turning to fees and tuition problems, our tuition will rise to $1600 as will other professional schools, but they have special state sponsered scholarships to help alleviate this but we do not, why not? The problem of fees if simple enough how much of your fees are returned tc you? We were promised newsletters and newsletters bul have you seen one? The only returns 1 have received are the Opinion, campus newspapers and (he wine and beer parties. It is time that funding be primarily given to student organizations that will benefit the greatest segment of the student body. A few of the future problems are, the continuing lack of permanent placement facilities, and of utmost importance for students who must work or desire the experience, the unfeasibility at this point in time of clerking downtown while attending classes in suburban Amherst. To deal with these current and future problems experience and strength to do something and withstand criticism will be required and I feel qualified in both respects, experience, the only Juniorofficer in the SBA durability Chairman of the Social Committee after all - - - have you heard of any other committee or can you name any other committee that has done anything that affects you directly? To make SBA a working, alive organization, we have to find ways of utilizing what power it has. The various tools that make a legislature operate effectively must be used; in addition, the officers must administer. Without administration, nothing is followed through; work done by SBA directors has been wasted. I have outlined my proposed changes in some detail in my campaign statement; I hope you have been able to read it. Simultaneously, we should pursue negotiations with the faculty and law school administration towards the creation of a joint, co-equal system of law school governance. Only through equal participation can each constituency (i.e., students and faculty) take each other's needs into account. If SBA can operate more efficiently (at least until a new system of law school governance is created) the substantive issues which affect students each day can be attended to. An example of the way a good idea can be mishandled by SBA occurred a year ago when Brian York presented a carefully prepared proposal which would give students the option of taking the type of examination they felt would best show their ability (i.e., take-home, regular exam or perhaps a paper), I cannot understand why, but Brian presented this proposal week after week without the Board of Directors ever managing to do anything; eventually he gave up. 1 do not want this kind of thing to happen next year. John Hayder SBA ought to be pressing hard for the kinds of support already available to the rest of ÜB. This includes additional faculty to meet with the larger classes that SUNY insists that the law school admit and a serious placement effort so that we and the incoming students will have a place to go when we're finishedhere. Given Chancellor Boyer's recent defense of the higher tuition it is not likely that we will see more than lip-service directed to a reduction. He, Rockefeller, and New York are far too strapped for funds to help. Then too, Boyer has promised to use any extra money he gets to admit moreundergraduates to SUNY. What we can get are those things which require only an internal reallocation of resources. Promises by people running for office seldom last longer than the mimeo sheets that they're printed on. I am only going to make one, and that is one that will be kept. 1 will presenteach of the suggestions I've madehere, and quite probably many of those made by other candidates, to the SBA and to university officials who have the authority to make them work. The chain-of-command syndrome, under which ideas are presented to people with no authority and then forwarded to President Ketter and higher officials, is not effective. Advocacy is our profession, and the time to begin practicing it is now. The place for it is not only in SBA meetings, but in the offices of people who must ultimately be persuaded. I'd like the opportunity to be that advocate Secretary Michael Stachowsk Lloyd Silverstein Of primary importance is the reevaiuation or tne grading system, which 1 previously indicted for lack of standards, which has recently been criticized by the Court of Appeals as incompetent. I think steps should be taken now to remedy the Juniors plight in coordination with that of the seniors. I am in favorof scrapping the 'old' system now before more fall prey to its cavernous loophole. A second issue, which in ordinary years would be the most salient is placement. How many seniors will have jobs? Will there be less for the juniors? 1 feel the need for a full time placement administrator is not only tc answer questions but to actively solicit positions for the - upcoming years. A third concern is the function of the SBA itself. 1 am running for President because I feel it is imperative thai the SBA be restructured in a twofold manner - first tc give it more power in the development of school policy and secondly to make it more representative and more responsive to the general concerns of the students. We are acutely aware of the crisis situations which have faced us this year. Beginning with the uproar over the budget and ending with,*he Court of Appeals crisis, the students have become more involved in the governmental affairs of the Law School. It seems essential that those formerly apathetic individuals assert themselves in a vote for both officers and directors to insure a representative studenl government. (NO STATEMENT SUBMITTED) Linda Friec . lam running for Secretary of SBA becu» ._.—.can be an effective student force in thisschool. However, its effectiveness can only come through student participation. Part of the lack of student interest in the functions of the SBA may be attributed to an absence of an awareness of the problems and issues the SBA deals with. To correct this deficiency I feel that the role of the SBA Secretary should include the posting of the minutes of all SBA meetings and I will implement this if elected. I would also include in such postings, lists of the directors who were absent as well as those who were present. I feel such information must be obvious for it is important. The students are entitled to know which of their elected representatives take the time to attene the meetings. Student input to the SBA can be accomplished through committee participation and attendance at the SBA meetings. After attending SBA meetings since November, on a regular basis, I found the "experience" beneficial, for it became obvious which directors bothered to attend, how they voted, in what ways and upon what issues the SBA became a clumsy and inefficient organization, and how effective the SBA could be if everyone concerned �March 28, 1972 5 THE OPINION Vice-President 1st Richard Clarl Photographs of Candidates by Fried Judith Kampl The following statement will indicate views and Having been an SBA Director for 2 years, I am already intentions for running for the office of Ist Vice Presdient familiar with the problems facing that organization. I of the Student Bar Association. propose merely to identify briefly the problems I see as First, one must begin to look at the realities of the contributing to the disfunction of SBA, and a few of the situation around us. Everyone at some point in their 3 substantive issues which I feel should have priority. year career at this institution must at least once wonder As to organization, the SBA seems totally unaware of sometime or another, "What really is going on at this its powers in relation not only to the faculty but also to school." We all wonder whether this or that issue effects the student body. Proposed legislation needs to be us in some manner or whether therumor one has heard is channeled to SBA committees of Directors for study, true. solicitation of student opinion and recommendation to The SBA should be the source to which one turns to the entire Board of Directors. In this way, thereluctance ascertain the truth or falsity of many of the rumors one of the body to act on anything of importance may be hears around school. Yet this may not always be true. overcome and pointless, non-directional debate Since many times the SBA is not clear on the issue itself. eliminated. The body would have something in concrete My remarks may seem critical of the SBA, but I hope form to act on. they're interpreted to reflect a quiet majority of the Next, it will be necessary to work out a system student body, who comment and criticize the SBA for its whereby SBA decisions fit into the General Faculty legislative process. Presently, resolutions are merely actions and inactions. I've sat on several committees in this Law School, passed, but never followed up, partly because there seems although I've never been a director in the SBA, and tc to be no system for sending them to the faculty and/or those persons who don't know me, I can say I've pursued administration. every issue which I felt had direct bearing on our student Finally, as to areas of priority, I feel that the body. placement issue is still a very urgent one, and I have had My purpose for running for office is not to serve the discussions about this with various administrative officials. SBA, but to serve the student body for which the SBA There is also a serious difficulty with the bookstore, and with the high cost of our books to subsidize the campus acts as their representative. In closing I can only say that we must begin to deal operation. Lastly, I would favor more professionally with the issues at hand, or in the future to their fullest oriented conferences at the school to encourage extent, and irregardless of whether you vote for me 01 communication among the student body, and, to the same someone else, realize we must "seize the time." I will end, more informal social activities. Qualifications: SBA director for 2 years; member Faculty-Student relations believe itli Rnard , Rosalie Stol Duties of the First Vice President are fourfold: to act in the presidents absence, to be the ABA-Law Student Division delegate, to be the official Bar Assn. representative and to vote in the SBA. I feel the most important duty for next years First Vice President will be to represent the law school before the Erie County Bar. As Opinion Associate Editor this year 1 attended several bar functions, including the First Annual Citizens Committee on Criminal Justice and have kept in continuous communication with the bar. Having taken Govt Lit Clinic and also worked in the Jail Counselling Service, I am acutely aware of the importance clinical programs play in our legal education. I will stress this before the Bar Assn. and actively solicit - including contributions of time and their support Sources of revenue have as yet been untapped for new legal programs through the ABA-LSD. Clerkships are notoriously difficult for our students to obtain. A strong student representative to the bar assn. could lead the way towards the opening of more experience. positions. As 1 conducted the Senior Job Survey, it became that our graduates are having an extremely difficult time obtaining jobs. Local firms seem to favor graduates of non-local law schools. Are they unaware of the real contributions of the law school or of the increasing excellenceof our graduates? As a voting member of the SBA, I will work towards the responsible disbursement of student funds. A student obvious directory, for example, could be mimeographed and distributed to students for the mere cost of paper and ink. The SBA next year will have, a vital role to play and as First Vice President 1 hope to be a part of it. V 2nd ice-Pres. Treasurer Skip Conovei By attending every Friday meeting of the S.B.A. since November, I have learned just how ineffective, unresponsive, and inefficient it can be. My purpose in running for officeis to help change this situation. Part of the problem is that the majority of the members of the student body do not know what is going on in the S.B.A. The result is that there is very little student opinion expressed, except when the Board of Directors makes an unpopular decision. I would suggest a number of changes in the S.B.A.'s operating procedures to help alleviate this situation. The first change would be to post the minutes of every meeting on the bulletin boards, so that everyone may see what is happening. Secondly, I would suggest, when a controversialissue is involved, that any proposal involved should be tabled automatically for one week to give othei students a chance to comment. Obviously, this procedure could itself create inefficiency, so I would propose that it would not become effective unless a group of directors, say eight, voted for tabling the proposal. Another suggestion I would make is that the Constitution be amended so that the Board of Directors could rescind one of its decisions by a majority vote of all directors, rather than the two-thirds vote currently required. The advantage of this would be a more responsive body that could better represent student opinion. Of course, there would have to be some limitation on this power, but that subject is too lengthy tc discussed here. I have more ideas, but not enough space to discuss them. I feel that I can offer strong interest and initiative to the office of Second Vice-President. be Martin Millei William Buscaglia This year significant advances were made in the I very much question whether a treasurer car budgetory and disbursements area of the Treasurer's realistically propose a unique platform. Is he to advocate office. For the first time in memory the yearly budget was fiscal irresponsibility? The system is rather structured and approved before the Christmas Holidays. The budget is by it is necessary to work within, as welt as around, the far the Treasurer's most important concern. Also, under constraints imposed upon us by the State University the new voucher system eminating from the main system-hierarchy. Nevertheless, we have roughly $18,00C Campus, even more effective controls have been instituted overexpenditures. It is my hope as Treasurer to carry forward this momentum in improvements of the Treasurer's functions since much still remains to be done. As a member of the SBA's critical Budget Committee and as a twice-elected member of SBA, 1 feel I possess the experience and ability to carry forward the program which can only be briefly each semester to apportion unto our various activities While the quantity of money to apportion is not elastic it may be possible to better allocate those funds so that 2 greater number of us benefit from our contributions While there exists provisions for individual imput with regard to budgets I believe that SBA should continually remind the student body of their opportunities. In this regard it should be underscored the relative ease with which an activity can become SBA "sanctioned", and thus set forth here. earlier than in receive funding, (skeptics may chose to investigate the previous budget approved was While the years, it is still being done far too late. Procedures must be SBA binder located at Shirley's desk for exact details.] installed to accomplish approval of the budget within 6 or The money for additional projects could be found by 7 weeks after classes have started in the fall. These likely eliminating various assorted extravaganzas which we procedures should include written instructions to the currently are shouldering, some of which might more organizations before the end of this school year appropriately be borne by the State out of tuition, or by concerning what the Treasurer and Budget Committee more judicious spending ofour present funds. In addition, it is not unreasonable to institute a study, require before they can pass their recommendations on to assuming the findings so direct, establish a student the SBA as a whole. Furthermore, the individual budgets and operated bookstore. There is little doubt that we pay organizations can be somewhat of the school's standardized so that comparable expenditures can be more than our fair share to University FSA and receive acting as a little in benefit. And. if the findings dictate thatwe should readily evaluated. This should save the SBA retain the present system, there is no reason that the whole considerabletime in approving the budget. Finally, I think some continuity on the important bookstore should not also operate as a ticket office Budget Committee would be the most valuable and would distributing tickets to both on and off campus events, is v hope that in the position of Treasurer I would be able to done by the ticket office at Norton. 1 think my ideas an get at least one or two of my fellow-committeemen to realistic and proposals workable and if selected would retain their position and lend their experience to next endeavorto do my utmost for the benefit of all. year's committee. Vote Today And Tomorrow �March 28, 1972 THE OPINION 6 Mitchell Lecture Series Lawyers And Law Enforcement role was here to explain to the police officers the proper exercise of these laws. Police training is another area in which a lawyer can be effective in establishing a simple set of rules for the policeman to follow. Guidelines for following the Miranda decision can also be set up by lawyers working in this area. Gerald Kaplan, a Professor of Law from Arizona State, spoke before the Mitchell Lecture Series recently on lawyers in law enforcement. Mr. Kaplan, a past public prosecutor in Washington D.C. who later worked with the National Crime Commission, discussed his experiences and problems he has encountered. A lack of communication exists, he icels, between police in the field and police strategies in general. This culminated in mistakes in arrests that could have been solved had the field policeman communicated the reality of the street to his superiors. In order for police departments to do a more effective job, Kaplan recommended that lawyers be hired to advise police department. Resistance to this suggestion has, in many cases, been encountered from police chiefs and district attorneys. Kaplan noted that when he has worked in this area, he has been able to formulate policy decisions, regarding, for example, stop-and-frisk laws and no-knock laws. His warrant issue system. Laws could be changed relating to prostitution, for example, so that both the customers of the prostitute, as well as the woman herself would be liable. Harrassment should be ended, Kaplan suggested. Kaplan noted that there are federal Another possible role for the lawyer in funds available to provide for legal counsel the police department is to act as a liason to police departments. The American Bar Association promulgates standards for with the prosecutor's office, feeding cases police enforcement which includes thrown out for reasons of poor police practices. In this way, re-training will provision for legal counsel. more necessary in some cases and become Kaplan sees lawyers in law enforcement supervision of practices will be brought as a growing field, one which will provide about. more jobs for more lawyers. The audience, composed of law A lawyer could also bring about a students, professors and Buffalo Police survey of the department to recommend new legislation, for example a more-easily Officers found Kaplans speech informative obtained warrant, suggesting a telephonic and received it warmly. International Law Club Dine Speaks On Bangla Desh concentrated upon the balance society led by elected officials. He tried to examine what, if any, rationale existed to explain Nixon's policy. Personalism and prejudice were major discussed Bangla Desh. Mr. Dine, speaking before a crowded factors. "Nixon," stated Dine, "followed room, examined rationales behind the faithfully by Kissinger, decided to tilt American policy toward Asia. Firstly he toward Pakistan, our old faithful ally.1 Nixon as Vice President had made trips noted that the Nixon administration's approach to India, Pakistan and Bangla to Pakistan under Dulles' influence. He liked and admired the tough Moslem incomprehensible and indefensible Desh is both to the United States and to therest of ordered society. After the House of Representatives had the world. Insofar as American recognition of the voted against continuing aid to Pakistan in Nixon made a public statement August, Bangla Desh nation goes, Mr. Dine felt that the executive and legislative branches of objecting to the United States not being Sponsored by the International Law ' the government are still jn , conflict over recognition, even though the only remaining question is 'when and not that area. - Bengalis. Now, Mr. Dine, noted Congress wants Bangla Desh recognized as a democratic mind Another cause for America's Bangla Desh policy is the Kissinger/Nixon fetish The most important reason for Nixon's policy is China, Dine emphasized. Pakistan facilitated Kissinger's visit to China, and in return for this favor we will not extend recognition to Bangla Desh. The consequences to Nixon, Dine stated, are unimportant: genocide, famine, etc. China's internal policy-workings also affected American foreign policy. The Chou En Lai Lin Piao antagonism was also to be considered. Lin Piao is in control and Chou, who is Army, of the Red pro-Pakistan, wanted reconciliation with the United States. Dine tried to define how the United States interests have been served by Nixon's policy in thisarea. When asked the future of Pakistan, Dine could only reply '*Grim". Bangla Desh, he emphasized, has a 2000 year old civilization, and the people will hang together despite their desperate economic plight because of their will to do so, their administrators, and the fact that they no longer have to support the military machination of West Pakistan. - able any longer to effect the outcome in Prejudice was also an improtant factor. "There has always been a strong Before Jack Anderson's revelations, the anti-Indian prejudice among high American Nixon administration was pro-Pakistani, foreignpolicy makers." Dine stated, noting while the legislature favored absolute that India's neutrality policy used to annoy neutrality no arms to be sold to either the SO's American administration greatly. side, although there were obvious displays Eisenhower's decision to send arms to of sympathy in Congress toward the Pakistan was made partly with Nehru in 'whether. of power theory of government. Club and the Speakers Forum, Mr. Thomas Dine, Assistant to Senator Church, recently for establishing a three-way balance of world power and its refusal to recognize any other centers of power. An anti-soviet feeling is pervasive here also. Since the Russians favor India, we must arm Pakistan as a counter-balance to doctoral thesis, Dine India. Kissinger's noted, was titled The World Restored and Notes Frown Elsewhere by Michael Montgomery UNIFORM BAR EXAMS Brooklyn Law School Justininan Despite the fact that New York is not a participant in this enterprise, BLS had a few students who took this exam. A totally objective test, the 6 hour exam consisted of 50 multiple guess questions in each of many legal areas. Students complained that out of the four possible answers more than one appeared to be correct, leaving a certain amount to speculation. The second day of the exam consisted of state administered essay questions dealing with the peculiarities of the local jurisdiction. According to the Justininan, New York refused to participate because the Board of Law Examiners would not abdicate its responsibility to select those qualified to practice law in New York State. Reaction from other states, however, was most laudatory to the Uniform Exam. 19 states presently participate, including California, New Jersey, Ohio, Pennsylvania, and Connecticut, with seven more to participate in July. LIBRARY PROBLEMS Dictum Indianapolis Law School a number of research oriented faculty members are leaving because of the inadequate facilitiesafforded them in their preparations for publication. A direct appeal for help was made to the state legislature but with zero response. Buffalo, of course, does not have that problem. As a matter of fact, we have books up the wazoo (or would if certain nasty minded individuals wouldn't secrete them somewhere when a large seminar receives identical paper assignments.) The only problem is ferreting them out from their various repositories on the three floors of Eagle, the peculiar nooks in the Prudential, and the basement of the county library. TOO MANY STUDENTS TheAdvance Sheet University of Houston Somehow this Texas Law School has ISO too many students how or why nobody seems to be sure. Perhaps to remedy the situation we in New York should send the members of the Court of Appeals down below the Mason-Dixon line a sure fire means of eliminating any excess. - - LAW STUDENTS WIN ON TUITION SUIT University of North Carolina Among the problems botheringthis state Law School is Law Record At least some people win victories over the the fact that, while it ranks 2nd in number of students in library size. Apparently machinations of the bureaucratic state. Like most schools. the big ten law schools, it is 9th in UNC has a variable tuition rate for residents and non-residents of North Carolina, Lo and behold, 2x law students came to UNC from out of state, lived in Chapel Hill for three years, and were continually annoyed by paying out of state tuition rates when they lived, paid taxes and voted in North Carolina for three years. After graduation and admission to the bar they successfully sued the state for a refund of such excess charges. Out of state students at Eagle Street take note. JOBS Obiter Dicta Osgoode Hall, Toronto The peculiarrequirements of the OntarioBar mandate that every successful candidate in theirbar exam serve for three years as a glorified flunky in an OntarioLaw firm in a program called "articling", similar to the apprenticeships of the medieval guild system and the present plumber's union (a remunerative equal).Unfortunately, 25% of the graduating class is unable to find such a position of institutionalized drudgery. (Compared to Buffalo's record of 33 seniors with jobs out of 178, it doesn't seem so bad.) Apparently many of the tasks previously performed by the apprentice barristers are being ably performed at less expense by young secretaries, who are more likely to continue work past three years and are better trained for that type of work. Also, they probably have better legs than the average law graduate. �March 28, 1972 THE OPINION For All Yon Rar Mute 7 Law And Tension Liechtenstein Bar Review by Mike Montgomery Question: Can Ara Parseghian get Gilles Perreault as his 9th round draft choice for the Lackawanna Lancers in the NBA? Answer: Why not? The Rule: do unto others before you are done unto, provided that NB. (While few denizens of Eagle Street are unlikely to PLf their trade in this most puissant principality, famous for toothpicks, stamps, false teeth, and Merino sheep, some preparation for their Bar Exam may be appropriate if the local job market continues along its depressin path.) The following is transcribed by John Samuelson Brief Lecture by Festud Hagen: As you know, under the widow's right of election, the Two friend of mine died unexpectedly at the age He had seemed to have been in good health, exercised YMCA, participated in Boy Scout activities with his sons, and held a very respectable position in the community. Financially he had few worrys, with his occupation income allowing him the luxuries of a large house, several cars, a lakeside cottage, a large boat, and expensive vacations. He collapsed one day while mildly exercising and died of a heart of fifty-three. of the widow must get 10% of the New Hampshire every day at the local mother Primary in order to levy on Rudy Vallee. Now in years ago a good your - gramophone record available at only 77 zlotys a pound. attack. His occupation attorney. The problem of tension and anxiety in the legal profession is one on which I have never seen a single word written. While countless volumes are produced on methods in which to increase one's flowof clients and thus, one's income, little attention is paid to the fact that this is probably doing the attorney little good and probably will cause his death before he is able to enjoy his hard earned profits. I have attempted to discover why lawyers are so reluctant to admit that they are literally killing themselves. Part of it may be the supposed necessity for a lawyer to project himself as a serious, dedicated, and untiring advocate to the client. According to the book, lives in Flatbush with a residence in Belgrade, where he Clients pay fees because they believe the attorney can accomplish from a wax cylinder H and W are residents of state X with their three legged Weimaraner, who does business in state Y. X doubles as a law student and as a pinocle player in partnership friend F, who Building a Practice, by the Practicing Law Institute, "Nobody retains a lawyer because he thinks the lawyer has a great sense of humor. whal the clients want, with a minimum of delay." To accomplish this task, another amusing little booklet advises young attorneys that although it may seem difficult to work sixty hours a week at first, in a year or two "you'll get used to it." The PLI book advises law school graduates to work "with the intensity which is characteristic of the successful lawyer." A successful graduate of this Law School, in a lecture on law practice, said that you don'tenter the legal profession, manufactures Tito-Totters. Question: Can D, a foreign corporation undergoing dissolution in Nebraska, obtain jurisdiction over the Weimaraners' doggy bags from Mr. Goodbar ona quaisi in rem basis? Answer: Only if Granny Goodness consents by appearing in the Palace as Sally Rand, and dog takes his Chevy to the levy for a res with Evel Knievel. Question: If W takes a slow boat to Chinaand obtains an ex the pane divorce from H so that she can marry a Panda who is an under 21 Catholic and her second cousin, can F make a collateral attack on the decree in Savannah for custody of the Weimaraner? Answer: Only with Princess Grace of Monaco as an impleaded third part defendant. .. . . .. STUDENTS now is low! Otto the Great establishes a kiddy-car factory in Cannosa. Question: If Z, a sail-maker on Fire Island, sinks a full size model of the Graf Spec in Delaware Park Lake, can Ralph Nader bring an assumpsit for the trespass quare clausum Frigid of Faculty Library? Answer; only by attaching the green stamps of Bob Dylan's half interest in the Monkees. The rule: In International Shoe v. Pakistan, Judge Hoffman stated that garlic salt is a sovereign alkahest to prevent infestation by vampires and pink elephants. NEW YORK BAR Jbar and The moral of this short monograph is not simple, but perhaps this is why it deserves some thought. The major problem a lawyer will have to overcome is not economics, but personal survival. If he allows himself to become an automaton, responding to social pressures but not his own personal needs, he is not only dooming himself to a probable early death, but also to a miserable life on the way. We have spent many years of time and effort, and much money, to learn the skills requisite to the practice of law. It seems only reasonable that we should spend a small portion of that time learning how to prevent that practice from destroying our lives. his wife's name for life, remainder to the Sheik. ALL right, you've got ten minutes for a break, but if you go outside for a breath of steel mill effluent, don't fall into a pothole. ] h». Won oj P Ivangei review 1 /^ii. nili r IdjH'l no . hk rix 36. Indian dress 37. soldier'saddress 38. cover again, in a way 41. nothing 42. African river course 44. street 45. sprained item 47. auto mishap 49. Ziegfield The unique method of approach utilized in the Course developed by Joseph L. Marino and his staff of experienced lecturers and active practicing attorneys, in order to provide Bar Examination with the candidates for the New York State(I) a familiarity with the essentials of proper preparation:ready recall of the New York nature of the examination, (2) a complicated fact analyzing method of 13) a reliable Law well-reasonedanswers, situations and (4) a facility for writingquestions, (6) recent (5) a review of yes no Bar type development in the law. was INC. MARINO BAR REVIEW COURSECity, N.Y. 11530 Garden ,09 Tullamoreßd —founded in 1946over the last 5 years, better than 80% of our students have , L v> mi inn ii !? pi .it //. William .* nla/10 OQ - JULYEXAM under the Now York Education Law approved for the training of Veterans. -* passed the Bar Exam practice. I ' ' f 832-7886 New York Life Insurance Company Life, Health and Group Insurance Annuities Pension Plans Yffjf cigarettes, enjoy more indigestion, etc., etc. It is not a pleasant thought that this is just a sample of the tension we will "enjoy" in the remaminderman in interest to his hubcap in order bring Raque] Welch into the estate for purposes of the right of election. An example of this is when Charles de Gaulle put Algeria in invest in life insurance Res: w Pisa must attach the pepperoni of the 32nd Tower of while your premium rate Lucian C. Parlato, C.L.U. Suite 2510, Main Place Buffalo, N.Y. 14202 Bus: 852-3446 -|_ you marry it. To continue the metaphor, our law school "engagement" period has already begun to wear on many of us. By the time we reach the last half of our Senior year we have more nervous habits, smoke more Tottering Thrusts, a tenant the leaning coparcenary in I * —' l^ —"" I ANSWERS TO NO 7 , IHgl-riEkiolnkt'mniolrm \ I .. . i 1 I ' **^^^^^^r I 50. look, in a way 51. supermarket worker 55. barrister 58. New Deal agency 59. Halo 60. Moslem Priest 61. Hautboy 63. Miles' rival 64. girls name 65. French name 66. Big Ben, for one (Latin) 67 68. fastener 69 aides (abbr) ! 2, - rental s'Kn Maine (own __I_^^»_^H 5 n( twork (abbr.) ' ■ useakn f 7 Ness D ac l X 9 ~winßn B z(colloq.) I lr°Pical fruits 1 Miss- OBrion '" 13. girls' kickname * P""""^i^~i ' I i' ""^^t^ i I -^^"^^^^*^^ I I I I I 21. portray 23. Today associated with Lib. 25. famous musician 26. material 28. intellect 29. member of the AEF 30. seed covering 31. lay floor 32. common contraction 33. Pacific Port , 34. jus 35. of Jacks 39. some new clothes 40. the Millers' 43 Donna Douglas char, (var.) 46. businessman's request to his secretary >8 Ho| v 49. Federal Agency (abb.) - 51- crawl 52. raves ,:! build 54. levels ' '' '' ' '• ' ' take over rllllTlMr*lwlnll 111 fuwllM11111I " '" Hrtfllillnßl ll II ihllllll EluiJlSßtlißPWn?iniEl 1 IMlie Ul 111111 12. Phone up ■ T- 1 -- -, [HmHtoEßßmlCwßclaUHr frlujajj ft] DOWN mA ■■MTlEk.liwlBAwBIiI L come bridge hands EtlffwnßHiiilli ■BrfflYifllftHffliTfllMllTffffl PnTn I kiJIMi Blbw litIwlftßMlwll I 1?\l\l mrliwJnjlfflTtnMp] WiV UnHftli6l KluinlfflMali ill fHiLilwiißnii iITHμ t i "" i "t^"^^l , '■'■'■ ""''"l" 56 ISU town Crimean and Mexican 58. new star 62. mans' knickname 83. ADAs rational counterpart �March 28, 1972 THE OPINION 8 BulETiNBoARd SUMMER SESSION, 1972 ACLU MEETING FACULTY APPOINTMENT Stewart Macaulay has been appointed to the Faculty as a Visiting Professor of Law effective September 1, 1972. Mr. Macaulay received his L.L.B. from Stanford Law School. He was a Law Clerk for Judge Wm. Denman of the U.S. Court of Appeals, 9th Circuit, and since 1957 has been on the Faculty of the University of Wisconsin School of Law where, since 1965, he has held the position of Professor of Law. In 1966-67 Mr. Macaulay was a Fellow at the Center for Advanced Study in Behavioral Sciences and frorri 1970 to 197 Ihe was Director of the International Legal Center, Chile Law Program, Santiago, Chile. His main area of interest is Contracts, and in the past he has taught courses in Contracts, Legal Profession, Restitution, Constitutional Law, and Regulated Industries. The Annual Meeting of the Niagara Chapter of the American Civil Liberties Union will be held 7:30 Sunday evening on 16 April at the Unitarian Universalist Church, 695 Elmwood Aye. Part of the evenings presentation will include two short films: one will be a film by the Smothers Brothers consisting of a rather bitter satire on the Bill of Rights; the second movie is a CBS presentation of theirresults on an attitude poll of 1100 adults in regard The following courses will be offered 513 Federal Tax (a) 602 Collective Bargaining 605 Conflict of Laws 606 Constitutional Law (b) 611 Corporations 613 Evidence 641 Civil Procedure (b) 659 Income Taxation of Trusts, this summer. Prof. DeiCotto Prof. Atleson Prof. Laufer Prof. Newhouse Prof. Fleming Prof. Teitelbaum Prof. Kochery to the Bill of Rights. Some results of this survey indicate that 54% of those polled disagree with the Bill of Rights, Estates and Beneficiaries Prof. Joyce and 76% of those polled do not think that allowed. (One other course may be added to this list.) anti-government demonstrations should be Steven Rowan will also be on hand as a guest speaker. Prof. HermanSchwartz will receive the annual award from The time schedule will be announced shortly. Registration materials will be available in the Registrar's the Chapter, for his work in the prisoner's rights field. office by April 3, 1972. The tuition for summer session is: $53.50 per credit hour for New York State residents; $66.75 per credit hour for out-of-state residents. Registration for six credit hours is a full load for summer session. Summer session commences June 5, 1972 and ends July 28, 1972. (Seven weeks of classes, one week of examinations.) All courses meet three hundred minutes ' per week during summer session. are are on on names summer July, Othergraduate England. Shirly. Program University, Study College University abroad, Luxembourg, London, University p Law, rogram Mary Programs. England. University J Faculty uly, School, placed following Florida, give Rights, Comparees attending Program. Library Program programs: Strasbourg Faculty The 4. of 6. 7. 8. 9. Students Free school for 2. 3. 5. 1. HagueAcademy American African Mexico Law Notre Universite William International all International 1972. in students of in Mexico. Dame who Summer SUMMER Law. of and Internationale information Law who Brussel Institute Law of interested School: International Club SCHOOL Law include Law interested of has DeScience School Summer 1972. Human should the information of of ABROAD Law Israel in Law: Law Summer School. their Post about: Summer School Graduate Reserve Brunei Law to in SUCMHOERLABROAD The International Law Club has placed on Library Reserve for all students who are interested in attending summer school abroad, information on the following programs: 1. Notre Dame Law School: Summer Law Program Brunei University, London, England, 2. College of Law, University of Florida, Summer Law Study in Mexico. 3. Hague Academy of International Law School. 4. Universite Internationale DeScience Comparees Faculty of Law of Luxembourg, July, 1972. 5. American University Law School Israel Program. 6. William and Mary Law School, Summer School in England. 7. International Institute of Human Rights, Strasbourg, July, 1972. 8. African Summer Programs. 9. Mexico Students who are Shirly. interested should give their names to Othergraduateprogram includeinformation about: Free University Brussel Faculty of Law: Post Graduate Program in Law. Law Conference Session Discusses Criminal Defense by Larry D. Shapiro The Criminal Defense session of the Conference was a lively debate/discussion of Ihe realities that a radical criminal lawyer faces in the everyday practice. Mike Deutch from the Chicago People's Law 6ffice related how, in Chicago at least, you had to pay the court clerk $3-4 to gel that if you your case called didn't do that your case would be called last and you would be tied up in one court all day. - Barbara Handshau of NYC related some of the problems the women lawyers have to go flirting with through in NYC the clerk to get your case called, getting your cheek pinched by the judgein chambers and being called "dearie". All this was background to what the conference planners had envisaged as the central question for the criminaldefense session: when to conduct a political defense and when a "straight" legal one. It was suggested that any case involving a black or poor person in America's court system was a political case *- you walk into the court with the white judge and white clerks and white deputies and white lawyers and it soon the black defendants becomes very clear. and legal political The - - defense issue depended on what was the objective. If winning the immediate case was the goal, then one chose the defense that would most likely win, considering the realities of the - situation sometimes a political defense was the correct tactic. If the objective was more akin to exposing the true situation the inequalities of (he American system that acts as the butcher's thumb on the scales of justice that the person on trial is not the guilty party even if he or she did the alleged act, then a political defense is the proper tactic. A political defense consists of much action outside of the - - courtroom — proofs of your portrait sitting may be picked up community organizing around the issue, establishment of local defense groups, publicity, having friends and supporters of the defendant in the courtroom during the trial. Sam McDowell, a black former inmate of Danemorra, wanted to know why the lawyers put up with the "shit" why they didn't bring suit or publicize the corruptions and - — illegal practices why they didn't lay it on the line in each case. In response it was argued that such actions would jeopardize the clients cases but it was felt that perhaps Sam's approach was the best one. , lOlifllJJ, ifiCH 29 student lounge, Tl west eagle 1972 BUffflLOlll � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-03-28 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 10 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/28/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/651aae88954a501e99a595848c19802a.pdf e070025db85ef41492176d9309a5a87a PDF Text Text I PAID MJFFALO. N.Y. I I reran no. im I OPINION THE Volume 12, No. 9 , US. Postafe . The Opinion 77 West Eagle St. Buffalo, New York 14202 State Unjwnity of Htm York at Buffalo School of Urn March 9, 1972 Niagara Competition Wayne State Victor by JamesBrennan Hearing the moral arguments on Friday evening were Michael Dillon, district attorney; William Angus, professor at Osgoode Hall; Leonard Walentynowicz, Vincent Doyle, Philip Abramowitz and Judith Manzella. Presiding over the moot Supreme Court of the United States on Saturday were Richard Arens, University of Toronto professor; David Jay, Herschel Reingold, Judge Buswell Roberts, Ray Green, Robert Sommerstein, Sheldon Market, Tim Dwan and Marge Quinn. Each panel of judges played the "devil's advocate" as the attorneys for both sides presented their arguments. Asking penetrating and at times rather difficult questions on the. facts and legal principles of the case, the judges rendered a verdict more on the performance of individual teams than therelative merits of the case. They graded each participant on the organization of his argument, speakingability,responsiveness and flexibility in answering questions and knowledge as to the facts of the case. The team of Larry Powe and Michael Irish of Wayne State University won the Niagara International Moot Court Competition Saturday afternoon in County Court. Presenting their argument for Connie Catalyst, the respondent in the case before Judge Matthew Jason, Professor Marjorie Girth of State University of Buffalo and Professor Raymond Brown of the University of Windsor, they defeatedRichard Grant and John Reid of the University of Western Ontario in the finalround of the competition. David Zifkin of the University of Toronto was chosen best speaker of the competition and Wayne State University wrote thebest Factum, which is a typed argument similar to a memorandum of law concerning the issues of the case. The moot court team from the State University of Buffalo, consisting of Bill Peltz and Bill McTiernan, won as Respondent against Osgoode Hall Law School of York University on Saturday morning and lost as Petitioner to the University of Western Ontario on Friday evening. The Moot Court Board offered their thanks to The University of Toronto was beaten by Wayne Maurice Frey, Marjorie Girth and Ken Joyce for State as Petitioner on Friday and lost to the coming to the competition and offering faculty University of Western Ontario on Saturdaymorning. support to our team. Law Alumni Host Dinner The University of Buffalo Law School AlumniAssociation hosted a dinner last week at the Buffalo Athletic Club at which diplomas were awarded to January graduates of the Law School and awards were presented to outstanding alumni. Dean Richard Schwartz was the main speaker of the evening. His address emphasized the contributions of the Law Alumni Association to the Law School and also outlined the expansion of legal education into areas previously the exclusive domain of social scientists. He emphasized, however, that this expansion must be based on a sound and thorough traditional legal education. William Mahoney was honored as the outstanding practitioner. Receiving the award for outstanding Jurist was Judge John T. Curtin. Gretchen Hazel received the award ceremony Law Review Announces Appointments The Editor-in-Chief of the Buffalo Law Review for the 1972-73 year will be David Sands, it was announced recently. Assisting Mr. Sands will be James Gresens, Managing Editor, Paul Cameau, Publications Editor, Barry Bassis, Research Editor, Mike Place, Articles Editor, William Feigenbaum, Note and Comment Editor, and Lauri Filppu, AssociateEditor. Senior members of the Review will be Arthur Ackenhalt, Susan Bloom, Terry Difilippo, James Donovan, Sammy Feldman, Neil Goldberg, and Stanley Valkosky. The new Editor did not reveal any specific plans for next year's Review at this time. He did note, however, that Freshmen may anticipate being notified in the near future concerning becoming candidates for the Review. for Faculty for Grades, SCATE Discussed outstanding contribution in public service. The master of Uw Review Staff 1972-73 Standing (I to r): MikePlace, William Feigenbaum, Lauri Filppu, Barry Basils, Sitting.' lames Gresem, David Sands. Editor-in-Chief. Paul Comeau. the occasion was Judge Bayger, the President of the Law Alumni Association. Concerned Students Room 110 is flooded with students as Provost Schwartz explains the implications of the recent Court of Appeals statement at a recent Student Bar Association meeting. For a report of the three meetings held since the release of the statement, see page three of this issue. SBA Week of Mass Meetings Women in Myth "Fear of Women" by John Samuelson The Faculty meeting of March 1, 1972 began at 3:30 P.M. with a discussion of the current problems raised by the opinion of the Court of Appeals regarding certification of graduates. The general consensus was that the faculty and administration should continue c xa mination of the situation with the Court of Appeals in an a ttempt to reach a solution agreeable to all. It was revealed that there was some basis for cautious optimism in these discussions. Both Dean Schwartz and faculty members expressed concern for current Seniors and Juniors and stated that as they participants were in an educational experiment", it was the responsibility of the administrationand faculty to try to work to alleviate the situation as much as possible. . IN THIS ISSUE: RIGHT ON! Eddie Weeper?..... Meeting page two page three , page three Attica Six Months Later page four Court of Appeals Blues Our Poet Laureate Interprets page four Notice The Opinion regretfully announces that unless funding can be found for further publications, it will have to cease publication with the next issue. At the present moment every effort is being made to secure funds, and it is hoped that we will be able to continue to serve the Law School through the end of this semester. SCATE EVALUATION Professor Hombergef, chairman of the FSRB, moved that the SCATE evaluation be made available to the faculty and the student body, as recommended by the FSRB. Professor Tietelbaum then moved that this motion be amended to allow disemin.ition of only those results in which at least 60% of the students in class participated. The motion was passed with the above amendment. APPOINTMENTS COMMITTEE The Appointments committee then announced that Nancy Gcrlner has declined her invitation to join the faculty next year. The body ..then reviewed the qualifications of two candidates for faculty position, Daniel Steinbach and MarkFisher. . * SCHEDULEPROPOSAL General discussion was then held on the new schedule proposed by Registrar Charles Wallin. There was no unified consensus on the topic with some faculty members expressing concern that the early start before the Labor Day holiday would mean wasting the first week of classes whileothers commented that they favored the advantages of a longer break between the first and second semester which the new schedule would allow. No action was taken at this time. The meeting adjourned at .fcI.S.P-M. �THE OPINION 2 Editorial Crisis At this time it is still uncertain what the final outcome will be in the current crisis over grades and certification. Whal must be clear to all, however, is that the parties most likely to be harmed are those who had the least control over the situation and therefore the least responsibility for the crisis. It is of no value at this point to try to find fault or blame. It is important to emphasise the potential harm which may fall on Seniors and Juniorsat thislaw school. There are few students here who have not made major sacrifices in order to attend and successfully fulfil the degree requirements of the Law School. To tell them in the last semester of their Senior year that the standards have been changed, and that more effort and expense must be bourne in order to reach that degree, is a very serious act. We are not in any way asking the Court of Appeals to lower standards or grant exceptions. We do ask, however, that the court examine carefully all the evidence before coming to a final decision, which will affect so many. The situation is serious, and it is a time when the entire School must work together. All alternatives must be examined so that, in the end, whatever comes out will be the best that could be accomplished. Editor-in-Chief JohnK. Samuelson Assistant Editor Rosalie Skill Managing Editor George Riedel —— —- News Editor Vacant ArticleEditor Mike Montgomery S.B.A. Editor Vacant Feature Editor Vacant Photgraphy Editor SamuelFried - —— James — Samuel Fried, Staff Writers Columnists Contributors —- Production Manager Vacant Business Manager Chris Greene Otto Matsch, Jeff Spencer, 1 osalie Hull, David Schubel. Otto Matsch Photographers : Brennan, Malcolm Monis Chris Belling, Oary Masline, David Klein The Opinion is published every other woek except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. the Editor: ' by Malcolm Morris been misinterpretation on the part of some of the faculty. Whether the error belongs to those professors whohave not given any HD grades since the system's inception or to those who have consistently given two or more HD's per term, I do not know. But I do know that the inability of the faculty to come to some general understanding on this matter has created great confusion and some unrest. Rather than to have the faculty eventually promulgate some standard for the HD I feel if is best that the grade be eliminated. No matter what standard may be established there is always the problem of enforcement, and in this case a situation where only one or two professors were not following the standard would heighten, and not lessen, the problem. Election Commissioner Jeffery L. Sommer had decided that thisreferendum will be held the day of the S.B.A. elections. Whereas I usually end my "corner" by making an impassioned plea for student support, at this time I do not think it necessary. I think that the events of the last few weeks have demonstrated the usefulness and desirability of a strong student government. In light of this I expect many students to come to the office for their petitions to run for the five executive positions. Elections will be held in the last week of March for the executive positions, with the representatives being elected the second week in April. - Letters To The Editor Matsch has sidestepped the real issues: Will he be I am perplexed on how (or whether) to reply to attending another school? Is he anti-American? Otto Matsch's reply to my answer to his column. I suggest Matsch read deeply in the brilliant and Fearlessly, however, I have prepared three provocative series of lectures delivered at the Gonzo counterrepties to his reply, all equally relevant, Journalism Symposium at the Lyons (Kansas) Nuclear Park in 1965. I especially commend him to materialand undistorted. Dr. Raoul Duke's "Objectivism vsr Recividism." Counterreply No. I: 1 am unaware that Claude Kirk, Vance Kilpatrick or CounterreplyNo. 2: William Hazlitt are or were ever historians. Haztitt, You misread. I did not write that conservative for example, is a Wyoming, Pa., physician much historians support public schools, but I did say they given to penning letters to the Wilkes-Barre Record. agree such schools are part of the American value As for Milton Friedman, not only is he not an system. Consult Daniel Boorstin, for example (i.e., ['11 see your three historians and raise you one). historian, but there is doubt he is an economist. And, how do you reconcile attendance at a public For the relevance of beards, Matsch should consult school? the wisdom of the courts'. Tinker v. Dcs Moines School District, 393 U.S. 503, 89S.Ct. 733, Counterreply No. 3: 21L.Ed.2d 731, (1969) and the 1966 Fifth Circuit No, Otto, Eddie Waitkus did not play in the early cases, Burnside v. Byars and Blackwell v. Issaquena '50's Brooklyn outfield. While you're right that Carl County Board of Education, 363 F.2d 744 and 749, Furillo and Duke Snider were Dodger outfielders, for guidance on substantial disruption and symbolic Waitkus was a Phillies first baseman. In fact, free speech. Waitkus greatest claim to fame was the bru-ha-ha resulting when he was shot and wounded in his One can clearly see that while a radical leftist no hotel room. Your mention of Sam Cook further longer causes substantial disruption when wearing a confused your readers, for Cook was shot in a motel beard, when a locally well-known conservative wears room. And, of course, Andy Pafko was the other one, the shock at this inference of symbolic Dodger outfielder. expression is likely to cause spontaneous fist fights Now, can you answer these questions: What field as Matsch's friendsattack him forbeing an apostate. did Andy Pafko play? Who shot Eddie Waitkus? What position did Sam Cook play? No amount of lollygagging will hide the fact that Gene Goffin March 9,1972 ——— PRESidNCT' ORNER 1 think it best, because of the still existent general uncertainty on my part, as well as on the part of some more reknown persons, that 1 not speak to the issue of "U" grades and their true meaning in life. However, I do think that some discussion of the opposite pole of the grading system, the HD grade, is in order. From my attendance at some committee meetings (both faculty and 5.8.A.) I have noticed that there is increasing confusion as to what the HD was meant to be, and what it has become. It seems that this confusion has also passed on to employers and other institutions that request transcripts. In light of this confusion the S.B.A.- will hold a referendum to see whether the student body favors the continuation of the HD or abolition of the grade. My feelings on this matter is that the student body, and the school as a whole, can only benefit from the abolition of the grade. My reasons for this are based on what I understood the intention of the new system to be and on the fact that the faculty has never faced the issue squarely and set down meaningful guidelines to be followed. I understood the HD to signify a level of work that was assumed, from past experience, to be achieved by one or two students a term, not by two or three students per course per term. I may have been wrong in my interpretation, but certainly the current state of affairs demonstrates that there has To ™ OPINION Volume 12, No. 9 March 9, 1972 RiGHTON! by The Horrible Ordeal of Eddie Weeper, A True Taleof Woe the time this article appears in this, your favorite newspaper, Ed Muskie will probably have won the New Hampshire Democratic primary. His wonderful supporters will hail it as an overwhelming victory. His wonderful opponents will say he lost, because his margin of victory was not enough. (These predictions are being made 7 days before the primary.) But the New Hampshire voters are a strange bunch, and unpredictable, and if Ed jams his mouth full of foot again he may end up wondering how McGovern got their votes. Ed's hoof-in-mouth disease became publicized late last year when he declared that the Democratic Party, and Democratic voters across America, were too racist to vote for a ticket starring Muskie for prez, and any black in the world for veep. Having outraged lots of folks with his candor,he pretty well kept his mouth shut for a while and performed an excellent imitation of Snoopy imitating Lincoln. He did bark a bit at Nixon's peace plan, but his howls were drowned out by the yelping of the other Democratic candidates trying to out-peace each other. And then he was embarassed by McGovern's challenge to reveal his donors; Then Eddie saw a chance to generate some VMrionk.; and snatched it up. The Manchester, New Hampshire, Union Leader, published by William Loeb, printed two pieces that Ed disapproved of. One was a letter to the editor, in which the writer claimed thathe had overheard By some of Muskie's staffers making derisive remarks about "connocks," meaning French-Canadians, and claiming that Muskie had joined in the laughter. The other piece was a reprint of a short article that had appeared in Newsweek magazine and which was critical of Eddie's wife. After making sure that publisher Loeb was not at the Union Leader office, Muskie led a parade of staffers and newsmen to the Union Leader buitding and challenged Loeb to come out and face his wrath. Muskie then moved into phase three, and launched a passionate speech. In it he called Loeb a "liar" and a "gutless coward," said that it was a good thing that Loeb wasn't there on the platform with him, and wept big crocodile tears. It was a beautiful scene, perfectly executed. But there were a few anomalies in the sermon on the stump that might be examined. For one thing, Ed never denied the truth of the allegations made by the tetter writer. The omission was either deliberate or Ed was so distraught that he plumb forgot all about straightening matters out. (Take your pick.) Another odd thing was his reference to Loeb as a liar and a gutless coward. If he meant the letter to the editor, then the writer, not Loeb, was the liar. Perhaps he meant that Loeb was a coward for '■ ii that doesn't "iake any sense even if he printing meant that the heroic thing 101 Loeb to have done would' have been to suppress that nasty ol' thing. On the other hand, if Ed was referring to the article about his wife, it was merely a reprint from Newsweek, so Loeb would ' OTTO MATSCH hardly be the liar of that piece (assuming it was false). Perhaps Ed meant that Loeb was a coward for reprinting it, which makes Ed a hero for attacking the dastardly and that leads one to wonder why Muskie was too cowardly to attack Newsweek, a powerful news magazine with national circulation, but brave enough to castigate the publisher of a small newspaper. To top it all off was Ed's remark about how lucky Loeb was not to be on the platform with Ed. The implication is that Honest Ed Line-, er, Honest Ed Muskie would deal summarily with the villain. My, my, looks like a clear case of casting a chilling effect on the first amendment to me, leaping around like that and threatening people for carrying out their constitutional rights. Wait 'til the Fun City Times hears about that! The tears were a good touch. Look, folks, here is your candidate, the .reincarnation of Lincoln himself. Look at that sympathy for the down-trodden, that courage, that '; gen-yew-wine Yankee, the perfect combination of. guts, heart and brain. deed, 1 can see it now: Jan. 4, 1.973. President Muskie pidk* i; hot line from Moscow, After half an hour of / bluster Kosygin decides that he can't talk Ed into giving' up Alaska, so he calls him a-dumb Pollock, and calls his ■ wife a canuck. President Muskie breaks into tears, pushes ihe red button- on his desk, and thereby launches Armageddon. "Good thing he isn't here in the oval room with me," mutters Ed as he hangs up. up the (AND HE'S THE THEOPIMN JOHN ONLY LOVES ONE) �March 9, 1972 THE OPINION 3 S B A Crowded Meetings Over Grade Problems By Michael Montgomery The 25 Feb. SBA meeting D's involved a presentation of the problems presented by the apparent misunderstanding between the Faculty and the Court of Appeals on graduation and certification requirements. As stated; the Court requires the successful completion of 81 hours, a U grade not being considered satisfactory completion, and the passing of all required courses. Administration error in regard to the believed requirements of 72 non-U was admitted. Provost Schwartz suggested review and reexamination in problem courses, supplemented by negotiations with the Court as a possible route to remedy the situation. Open book, takehome exams, and papers were suggested as various means of making up a U grade. Balancing of a U grade in a non-required course with an H grade in the same semester was also a possibility. Re-grading by fiat was considered unacceptable. It was stated that the institution of a differentiation between passing and failing U grades for this semester is presently before the Faculty. Professor Newhouse's proposal A special meeting was held on 28 February for the general student body in regard to the certification problem. This meeting was highlighted by a presentation by Professor Newhouse of the rationale behind the institution of the present grading system. Professor Newhouse asserted that the present system serves and reinforces the desire for quality in graduating students which is the basis for the Court's stand on certification requirements. Mr. Newhouse stated that the grouping of system in regard to requirements of successful completion of 72 hours. 4) that students enrolledunder this carefully considered system should not be penalized by additional requirements for their good faith reliance on the system as purported to them. Provost Schwartz recognized that the required course problem is yet unsettled, and that the 1 credit for Legal Research will be handled administratively. He emphasized the need for little publicity in regard to negotiations, asserting that too much noise may detract from the desired result to be obtained. GRADING REFERENDUM: In regard to Lee Ginsburg's proposed referendum on the elimination of the HD grade, to be heid during the election of SBA Officers, it was felt best to form a committee to submit a presentation of the FACULTY MEETING RESULTS, GRADE various grading alternatives to be presented to the student REFERENDUM CONSIDERED. Provost Schwartz body. It was noted that the elections for Officers will be commenced the 3 March SBA meeting with a presentation on the last week in March, runoffs and the election of of the fruits of the recent Faculty meeting in regard to the Directors to take place on the return from Spring Bar certification problem. Concurrent with the 2 vacation. alternatives suggested at the general meeting above, Mr. LAW WOMEN: A line allocation budgetary change Schwartz expressed strong hopes for further negotiations permitting Law Women to fund a trip to Albany to attend through direct conversations and written presentations. the NY State Women's Political Caucus was approved He hoped to have the results of these negotiations by the 1 1-2-2. week of March 13, hopefully agreeable to the Court, NEW SCHEDULE: Student input on the new schedule is students, and faculty. The basis for this solution were to be obtained through meetings of the Freshman and outlined as follows: 1) that the present system was an Junior Classes under the Leadership of their elected experimental one when instituted in the Fall of 1970. 2) Directors. that shortly thereafter proper notice of this change was STUDENT FEES: A question was raised on the failure of sent to the Court of Appeals and the State Board of the SBA to make provision for the waiver of mandatory Education with no negative reaction forthcoming (and student fees for poverty level students, as has been done approval by the State Board and the ABA). 3) that by the GSA and other student bodies on the Main students accepted in good faith the propositions of this Campus. and F's in the U category was designed to promote student quality by eliminating marginal students whohad managed to skate by on the old system by balancing out D's, which would now be U's but were considered successful course completion by the Court, with a B grade in an easier course. He pointed out with statistics that while previously there had been 1%F's and 14% D's, there were now 15% U's, and that the present grading system was actually tougher than the traditional system previously in force. It was the feeling of the body present at this meeting that Professor Newhouse's position be supported actively, coterminous with an examination of the possibilities for review and reexamination and further negotiations with the Court. GRC AdE HART Women in Prison A dedicated advocate of prison reform, Kitsi Burkhart, spoke before the Women's Study-Group at U.B. recently on "Women in Prison". "Prisons should be abolished. I don't like the words 'reform or 'rehabilitation'" Ms. Burkhart asserted. The author of a recent article on women in prison in Ramparts, discussed problems she encountered in her extensiveresearch. Inherent in the prison system, Ms. Burkhart noted, are the 'sexist beliefs that women are not as dangerous as men. In none of the prisons are women given any of theirnatural rights. Sexual discrimination comes up early in the arresting process, Ms. Burkhart found, for many young girls are taken to juvenile detention homes due to their sexual experimentation, whereas the same actions are considered normal for a boy of the same age. According to Ms. Burkhart, this sexual obsession comes up regarding homosexuals, for the people who are most upset about homosexuality in jail are the same people who are most anxious to limit an incarcerated woman's contact with men. "I haven't been able to find any jail that has decent health care", she stated, and gravely noted the experiments that are carried out on prisoners with new drugs. The allocation of prison monies nationally is tragic, forabout 96% goes for maintenance and only 4% forrecreation, medicineand food. Ms. Burkhart is looking in the direction of long-range alternatives to jails. Halfway houses offer a possibility, but oftentimes they can be far more repressive than jails. Rehabilitation,she feels, assumes by its very name that something is wrong with the person that must be corrected. "Alternatives must be provided for people to shape their own lives." , , NEW YORK BAR Wk jrjBAR REVIEW - JULY EXAM COURSE under Uie New York Education Law training of Veterans. and approved for the THE JOHN OPIN LOVES The unique method of approach utilized in the Course was developed by Joseph L. Marino and his staff of experienced provide lecturers and active practicing attorneys, in order to with the Bar Examination candidates for the New York State(I) with the essentials of proper preparation:ready a familiarity of theNew York (2) recall a examination, of the nature Law (3) a reliable method of analyzing complicated fact answers situations, and (4) a facility for writing well-reasoned (6) recent (5) a review of yes-no Bar type questions. development in the law. INC \ MARINO BAR REVIEW COURSE Garden City, N.Y. 11630 109 TuHamore Rd. —founded in 1946— �over the last 5 years, better than 80% of ourstudents have passed the Bar Exam > HD (%) H Students ItUI Course and Prof. —— (%) Q (%) U (%) FRESHMAN (5) 47 (78) 0 (0) 0 (0) 82 7 15 1 57 (66) 15 (50) 0 (52) 0 (33) 0 (68) 6 (12) (0) (0) (0) (7) 2 0 10 (2) 1.08 (0) 1.50 (33) 1.21 18 (20) (50) (14) (33) (21) 3 (4) 1.15 18 2 4 (15) 93 (18) 8 (36) 4 (76) 6 (73) 0 (36) 2 (5) (0) (18) (3) (9) (0) 1.11 1.20 1.36 60 0 (0). 3 125 14 29 3 84 0 0 0 0 (0) (0) (0) (0) (0) Homburger/Greiner 122 0 Min. Eco. Dev.-Donegan i 1 0 11 1 U N Law-Buergenthal (0) (0) (9) Criminal Law-Holley No (%) Rating Grade .88 JUNIOR/SENIOR Admin. Law-Gifford Auto Ace Comp-Laufer Civil Rights-Mann Comp Ping & Dev-Kaplan Future Interest-Mugel Land Transactions- 0 25 7 4 1 ■ 1 4 1 0 (33) 1.50 Distinguished Visitors Forum Davidson Speaks On Women in Myth by Rosalie Stoll "It is my theory that the dominent role of men in Western Society is a defensive posture founded on their fear of women", thus began Prof. Kenneth Davidson in his recent speech "Women in Myth". Professor Davidson, speaking before the SBA Speakers Forum, reviewed his recent thesis which is currently on reserve in the library. His belief is that men are dominent because people expect men to be dominent and women subservient. People become what society expects them to be. One of the problems involved studying myths is the difficulty in separating where in the myth leaves off explanationbegins. and rational with a study of the ancient gods, Davidson explored concept the of the earth mother and the patriarchiat father. The earth mother is married with children, and the male, the son, challenges, it is the usurpation of the female role that makes Beginning the male god dominating. J udeo-Christian myths go much further to belittle the role of women. Pregnancy, according to the myths, gives women too Spirit fills Mary with the Devine Child, a male. All myths, Davidson believes, ignore the functions of the female body. He mentioned the ''curious custom of congratulating the father on the birth of a child". ■ Female goddesses are qualitatively worse than male the devil has female gods characteristics. Traditionally - females have been characterized as Jezebel, Delilah, Salome and forced to bear the burden of Eve. Social structures attempt to recreate societies relationship between, society and myth. Women have been eliminated from competition in business. Men start with more floating status than women. They are I viewed as always uncontrollable: Davidson pointed out that great a roie in reproduction, bye the images of women must be was created front Adam for the revised. To reach this end, he suggested that women play on purpose of helping him. Unlike the Greeks, the Judeo-Christian other myths. "Like the law," tradition does not admit a Davidson pointed out, "myths greater Tole of women: the Holy lagbehind cultural change." - ., : �March 9, 1972 THE OPINION 4 Up Against by Joe Heath Thirty miles from Buffalo 100 men are locked into their individual cells CONSTANTLY (not just at night but continuously, day and night). They are allowed out, individually, once a week for a shower. Occasionally they are taken to a room without a ceiling which thehumane and liberal prison officials call an exercise yard. This is not surprising from those same guys who conspired to place order over human life and decided to kill 43 men to wield the bloody club of their waning authority. These men, who are forced into solitude, have been oppressed like this 24 hours a day since September when they saw their brothers murdered and they were shot and beated and stripped and made to crawl and run naked between lines of club-wielding police and guardsand called, "NIGGERS". What have these men done that calls for their being treated so brutally and inhumanly? They and 1200 of their brothers stood up one day and demanded that they be treated like human beings and not like animals. They could not tolerate beating, abuse, and tear-gassing by guards coupled with being allowed only one shower per week, added to no hot water in their cells, plus shortages of: even minimally adequate medical treatment, adequate library facilities, toilet paper and razors, and adequate recreational facilities. The state admitted that their demands were justified and that such improvements were long overdue. Yet because they stood together and demanded these minimal necessities, the state decided tjiey must be shot, beaten, and punished. How is this insanity justified? Several of the inmates were deliberately shot was over. These men watched AFTER the assaultthrough on their brothers shot the head while lying the ground. They saw an inmate's head pushed through a glass window at the hospital; they saw inmates killed after they had been forced to beg for their lives. These are acts of extreme hatred. One of the hostages has told about the inmate Who was assigned to guard him during the attack. The hostage has related that when the firing had stopped he had to lift the man's body from his own. The man had been shot seven times and had given BullETiN BOARd The Bench his life to protect a man who had been one of his immediate oppressors. That is an act of incredibly strong love. I ask: Who should be locked up: the men who did the shooting and the beating or the men who risked their lives to protect their oppressors? And yet these 100 men are and have been in 24 hour-lock up for six months. When the state was finally forced by the reluctant courts to explain why, they, after three months, suddenly came up with the story that it was to protect them from the general prison population; they are not being punished! Even a cursory look at the realities of the situation reveal that this is bullshit. Since these men are on a separate wing from their brothers, why is it also necessary to keep them each locked in his cell when no one could even get to their wing? Any talk of protection is a racist lie. The truth is that the state is so afraid of the solidarity of these men that they even prevent them from being able to talk to each other. How can their talking inside that cell of facism be harmful to any of the "good" citizens the state is always claiming to protect? When I look at this situation of brutality, very saddened that it is allowed to go 1am on. I am angered when I think that it is being done in my name. It is being done in all of our names, much like the bombing, burning, and slaughter of third world people in Southeast Asia. It is being done in our names like the killing of George Jackson and Fred Hampton. It makes me wonder how much more filth will be done under the banner of Amerika. As people supposedly concerned with the workings of the 'legal* system, we should be doubly outraged because all of this could be prevented if the state were made ta follow their own laws. If such atrocities really bothered law students, they could get off their asses. Instead they lounge around the basement of Eagle Street and play cards and spew smoke into the air to poison each other. They are too busy learning how to charge $30,000 a year GRADUATION Portraits for the Law School Yearbook will be taken in the Faculty Lounge on the seventh floorof the Prudential Building on Thursday, March 9th from 9:00 to 11:45 and 2:45 until finished. The portraits are for both Seniors and Faculty. No special dress is required but it is recommended that students remember that they may wish to use the pictures for purposes other than the yearbook. CAPS AND GOWNS The Graduation Committee is attempting this week to learn whether Seniors would prefer to wear Cap and Gowns or suits to this year's graduation ceremony. A list has been placed on the Bulletin boards for Seniors to show their preference. It is important that the committee learn this in order to complete plans for the graduation. STATEMENTS CAMPIGN The Opinion will publish an election issue which will come out the morning of March 28th, the first day of balloting for SBA officers. It is asked that all students considering running or SBA office submit a one page doublespaced statement of their position and why they want to be elected. Please leave thestatements at Shirley's office or at Room 216b. Crossword No. 7 JonKastoff and cheat like hell on their taxes to be concerned about their sisters and brothers who are being killed and brutalized to oil the machine that makes more money for those few in our society who can afford to hire lawyers. Attica: Six Months Later "To be a law student here and not involved at Attica is a crime, in my opinion," stated Mike Deutsch, attorney with the ChicagoPeoples Law Office. The National Lawyers Guild attorney, speaking before the Distinguished Visitors Forum on March 1, discussed the current Attica situation and the work that is going on to aid the Attica .inmates. "There is a war going on behind those walls," Deutsch noted. He pointed to four beatings at Attica in the past four months, and stated that there is a documentation of prisoners since harrassment of the Attica uprising. The only further clash, to avoid stated, is to way he have impartial people presiding. One of the problems facing Attica inmates, he felt, was the alleged lack of this quality. Charges facing Attica leaders are very serious, Deutsch emphasized: murder, kidnapping, riot or conspiracy are possible. Deutsch discussed the legal actions that the Attica Defense Committee has taken to protect the rights of the accused. He stated that the Committee has filed papers regarding wiretapping and illegal surveillance. He also questioned the impartiality of the Grand Jury one suit being filed challenges the whole involvement of the Grand Jury and how it proceeds. Suits filed before the federal judges have resulted in conflicting orders, some of them not even enforced. Deutsch stated that the judges were "hiding behind legalese. We're - trying to trap them in contradictions". He noted, however, that "we're not asking them to do anything, only to follow the law as set down." There is a lot of work available to interested students with the Attica Defense Committee in 816 Prudential. It includes drudgerous work such as addressing envelopes and making phone calls. However, there are many opportunities for students to go to Attica to "relate to prisoners". Many appeals are being made, and there is a great need for students SHAMBLES by Michael Montgomery Court Appealing seniors reeling latent bombshells bursting fast IPs will screw you cry the blues you can't amend the course unpassed Grades pass/fail rain like hail but who knows what they mean ITs are failing soul derailing impassable unlooked for screen Up the' flue why after you burning learning three years old Prosser save us or enslave us Freshman Failures in the cold Grades confusing of deluding unqualified or total doom Hook a course without remorse or find yourself locked in a tomb U regrading so regrading retest a course of three years old Memory fading nuance shading a crash rehash of holdings coldOr paper writing pressure fighting time slip grinding down the year Hours needed go unheeded catalogue misleading seer. with legal background to do research work. Suits are ripe in the area of the lack of legal facilities at Attica. Mr. Deutsch stated that if Johnson v. Avery is to be a reality there must be an adequate law library established at Attica. He pointed to the number of good jailhouse lawyers who are unable to help themselves or their fellow inmates without an adequate library. Another possible suit involves the alleged confiscation of letters to prisoners at Attica. Attica inmates, he asserted, have causes of action relating to the Due Process and Cruel and Unusual Punishment provisions of the Constitution. Law students, it was asserted, should understand the situation and "put aside our bourgoise tendencies and hangups and become a strong, militant people." POEM FROM TEN DELAWARE (Erie County Jail) by Toni I have love I suffered Now I hate the mistakes I have made ANSWERS TO CROSSWORD NO. 6 DOWN ACROSS 1. page 1. Sneaky 6. art style 10. divan 14. New York town 15. ex UK PM 16. baby bed 2. alien 'A. Liverpudlians 4. long long time 5. precipitated 6. Perry's aide 17. radicals 7. summer drinks' 8. meaning (abbr.) 19. annoy (colloq) 20. collar item 9. element 10. beats it 21. inorays 22. reflections 11. Genuine (abbr) 24. force of 12. rasp 26. Moslem priest 27. pro-voter 28. monastic establishment 32. played 34. tasteless 35. old European country 36. troubles 37. O. Henry gimmick 38. Operahighlight 46. 29. circus features go bragh 30 31. scan 32. helps 39. expected 40. twist of hair 41. 42. 44. 45. 13. Saperstein and Lincoln 18. small din 23. bonne 25. certain breads 26. African antelope 28. French religious symbol 33. scent use up Court of General (even Steven) its followers of Mary and Jo become fair, as weather 49. Sickle's partner 52. Dies 34. breakfast grains 37. dictatorial power 38. S. Pacif. city 40. Flexible shoot 41. Pittsburgh 43. Polynesian 44. winged 53 nutshell 54. Pinza 55. subordinates 58. Columnist Barrett 46. ex-rock group 60. Rye fungus 51. dig for ore 52. warm an engine 47. lost (arch) 48. pert 49. Leander's beloved 69. girl's name 50. Russian'sea 61. Kiln 62. one kind of school (abbr) 63. remainder (fr.) ' 56. nothing 57. annoy � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-03-09 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 9 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/9/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:43:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/9a369b37f348ea6cfb36876cf5b23193.pdf 74692e4ff73f81b54549f95d67e69f58 PDF Text Text Non-Profit Ort*ni«iion| US. Postage The Opinion 77 West Eagle St. Buffalo, New York 14202 Volume 12, No. 8 PAID BUFFALO, N.Y. PERMIT NO. 708 THEOPINION State Univar.ity of New York at Buffalo School of Law I I February 24, 1972 Opinion Survey Some Seniors Find Jobs By Rosalie Stoll ' Of the respondents, an OR THIRTY..? additional three indicated they 8 Certain rumors rampant had obtained non-legal jobs. Four Two positionswere offered one through the school have been to more seniors have military budding barrister in the same the effect that this year's committments to fulfill; half Buffalo law firm either as an graduates are not gettingjobs. Not iindicated they wanted to enter unpaid associate of a young so, proves a recent Opinion tthe Judge Advocates. attorney or as a plumber, "I may survey, for thirty-two of the 101 have to accept both." seniors polled have jobs upon THE ''LUCKY' graduation. Twenty-three of those 1THIRTY-TWO. BRICKBATS FOR PLACEMENT: jobs were obtained without a contact from a friend or relation, Of those students who have to Several seniors expressed their proving something, anyway. Two (date obtained legal positions, dissatisfaction with the current seniors even have a choice of two (certain trends are discernable.The placement, "The placement legal jobs. j great majority had "above program at this school stinks, Responses to the recent Senior ; average" grades.Clerking was also "Get a better placement service Job Survey were obtained from jimportant one senior indicated together quickly." Students anxiously await the posting of grades at the over one-half of this years senior t that he had obtained his position One of the most bulletin board in the main lobby at Eagle Street. For a class of 187. We attempted to ; at a firm he had clerked for two thought-provoking comments ascertain how many seniors were years. compilation oflast semester's grades see page six. came from a senior who noted gettingjobs, where and how. Also, that it "seems incongruous that we set a very arbitrary standard ACTUALLY THIRTY-ONE the law school attempts to raise for determining whether a student academic standards without felt his/her grades were above Few seniors were as fortunate I improving the placement program, average (4 Hs, no Us) average, or as one anonymous senior with i since well-placed lawyers enhance below average (4Us). The standard average grades who was offered a i the reputation of the school." was for comparison purposes job in a private Buffalo firm I only, for, who,after all, are we to through a friend or relative. The ON-CAMPUS INTERVIEWS determine a class ranking system student, who had not sent out any t Only twenty-five students for our Qs, Hs and Us, when application tetters, tersely wrote by James Brennan they that had greater minds than ours have ;at the end of his survey sheet, "I indicated The Moot Court Board will host the Niagara International Moot failed. turned down the job." (continued on page five) Court Competition next Friday and Saturday, March 34, in the !_ Erie County Court. Oral arguments by moot court teams from the United States and Canada are scheduled Friday night at 7:30 p.m. and Saturday at 9 a.m., 11:30 a.m. and 2:30 p.m. across the street in Parts 1, 11, and HI on the second floor of the County Court Building. one newspaper went so far as to report what turned Each team has submitted a written Factum, which is a typed FROM: out to be a lie; that the police were cleared by the The Center of Justice Through Law argument similar to a memorandum of law concerning the issues to The Concerned Law Students FBI. This was not the case, however, since the be presented in oral argument in court. These Facta will be graded The Niagara Frontier Chapter of the NY Civil Justice Department later stated they could not clear by the judges who will hear the appeal of the case and count the anyone in the matter. This indicated the existence Liberties Union points toward the final outcome of the competition. of an unholy alliance between the press and the Hearing each teams' argument and rebuttal are a panel of noted Canadian and American judges and barristers. They will grade the Buffalo, New York participants on the organization of their presentation, speaking Richard J. Rosche in conjunction with the ability, responsiveness to questions of law and knowledge of the aforementioned parties announced that he is facts of the case. The best team will be awarded the Niagara International Moot releasing to the public the final report on the Court Competition trophy at a banquet on Saturday evening. A allegations that Buffalo Police shot students during trophy will also be awarded to the best individual speaker in the the turmoltous anti-war demonstrations on the UB Campus in May of 1970. Mr. Rosche, who as a taw student headed the (continued on page three) student investigation of this matter and who is now an associate with the Center ofJustice Through Law reasserted the claim that substantialevidenceproved IN THIS ISSUE: Buffalo Police without cause fired into defenseless students. SBA He asserted that this fact was not the most Page foui .' A busy month disturbing part of the affair. It was the response of the press and official responses to the allegations Job Survey that were of greatest concern. Page five Are Seniorsgettingpositions? Despite ample evidence, only the Justice Department conducted what could be called an Grade Chart investigation. The Governor of New York and the Page six All Course gradescompared State Police, the Buffalo Police and the District Attorney of Erie County, although contacted.with police which kept the police in the dark on police New Schedule the evidence conducted cursory investigations or misconduct. Page seven Switch to earlier start? This report They Shoot Students, like the tried to cover up the matter. Mr. Rosche asserted that if there was nobody to protect the public from Allentown riot report Frustration Politics and the Pinochle and Allentown Incident,adds to an ever growing volume the lawlessness of the police that our laws Page ten Letter from Liechtenstein Constitutions are meaningless, and we live in a state of material that and time again police misconduct goes unexposed and unpublished due to official of offical anarchy. Ask The Gam It was asserted that the media and press, that cover-upand media reluctance. Page eleven Whatzit? demonstrated so-calted watch dogs of freedom, OUTLINE OF THE REPORT throughout this affair a reluctance to report Mr. Rosche outlined the content of thereport: anything that suggested police misconduct. The (continued on page eight) press never thoroughly investigated this matter, and rr c - , - ' Niagara Competition Coming This Weekend : : 'Jhev Shoot Students Birdshot Report Issued �February 24, 1972 THE OPINION 2 Editorial By Grading PRESidNT' CORNER of the second semester have expired The importance of this two-week figure is, of course that it is the deadline for the addition ofcourses to one's schedule. Since the grades are not in, the student has no idea of how many credits he will need, or will have to make up (for failed coutsesof the first semester) untif after the deadline for adding these courses has passed. It is not difficult to grasp the severity of the situation. The immediate response of those who feel that this situation is not as desperate as I make it out to be is as follows: sign up for as many courses as possible during registration and then make the (continued on page three) Malcolm L. Morris rumblings of discontent There have been weeks some of throughout the school in recent of wluch I feel, have been valid, and some haVe of which! The ugly head of the grading problems at this school has the students Th°eparamount disenchantment some once again made its semi-annual appearance. This time, of_the however, it has grown to near monumentalproportions. seems to be the extreme tardiness of graded. 1 his their examinations Few students are not aware of and incensed by the professors in having largest supporters in he have its tardiest submission of grades by the Faculty to date. gripe seems toand rightly so, because of the senior class, July Apparently this awareness is not shared by the faculty. uncertainty in the credit requirements for the The problems caused by the late posting of grades are Bar The senior finds himself in the position of not weeks two first too numerous to be listed here. It must be mentioned, having two, to four, grades after the however, that they include the inability of students to intelligently plan their schedules, to make plans concerning leaves and outside work, and to devote their full attention to the present semester's course work. It goes without saying, of course, that late submission of grades also removes P examinations from an active role in the educational process, Volume 12, No. 8 since the feedback from them comes long after the Editor-in-ChiefJohn Samuelson R. examination was taken. Assistant Editor Rosalie Stoll It is time for this Law School to develop a strongpolicy Managing Editor GeorgeRiedel which would compel the faculty to submit their grades within a reasonable time. This policy must include an Bdtaw effective enforcement provision to be effective. The Law News Editor Vacant Feature Editor School must recognize that getting grades out to students is S.B.A. Editor Vacant Photography Editor Samuel Fried one of the most importantconcerns of thestudent body. OPINION the , - -- **•* - *"""* 24- 1972 Montgomery - ""» - Vacant - Production Manager Vacant Chris Greene Business Manager Grades The issuing of grades also brought back to the forefront continuing problem of the HD, H, Q, and U. It is imperative that some meaning be set down for our grading system, for both students and employers, or that it be the abandoned. As have been observed in earlier editorials, a system of which sets no standards for the grading of student efforts can hardly be of any use to employers or students. It is obvious by the immense variation of graging ranges from grading course to course that standardsdo not, in fact, exist. The Law School must make its policy and standards clear in this area. Either grades must be standardized to the extent that they have some meaning or an alternative method of evaluation must be adopted. — - Otto Matsch, Jeff Spencer, Rosalie Stoll, David Schubel. Staff Writers Columnists Otto Matsch Joe Gerken, James Brennan, Larry Zimmerman Contributors Samuel Fried, Chris Belling, Gary Masline, David Klein Photographers - The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School ofLaw, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. RiGHO T N! by A MODEST PROPOSAL Tet, the Vietnamese lunar new year, has arrived. It marks the beginning of another year of warfare for the long-suffering Vietnamese populace. The communists, following their own Tet tradition, have declared a truce, and will attack during it. Like other Tet offenses it will do poorly militarily, but be more successful from a propaganda viewpoint. Peace proposals, which would supposedly prevent any further Tet offensives, are lately as plentiful as sharks teeth. The Hanoi regime's "peace" plan is direct and to the point: Yankee devils get the hell out, and stab your allies in the back while leaving. This is the same demand for unconditional surrender they have been , making for years. They have recently added the clause them to admit they are lying when they claim that they are simply engaged in a civil war in Vietnam. It would expose their true aims in Indochina the conquest of Laos, Cambodia and South Vietnam by force of arms. A cease-fire would interfere with that objective. Poor Hanoi. All it wants is a little Lebensraum for its people, just a nice place in the sun for the thousand-year "people's republic." I am not running for office, and hence have no opponents scrambling around in the gutter trampling each other in vain attempts to dethrone me from anything. Hence my own modest peace proposal is obviously designed to do just what it proposes, bring peace to Indochina, and not to stupify and embarrass political rivals. My 3-point plan is as follows: - about overthrowing the South Vietnamese government 1. Commies go home. The of the Hanoi because they are not strong enough to do it aggressors are to withdraw armies immediately to the themselves. the provinces of Vietnam north territorial confines of up all of apparently given hope President Nixon has of the 17th parallel, withdrawing completely from the a negotiated peace. His 8-point plan, made public after sovereign nations of Labs, and the Republic the communists refused to respond to it, was directed of Vietnam. They are to Cambodia, take with them all supplies solely for the consumption of the American public. equipment; stockpiled material must either and None of it is conceivably acceptable to the Hanoi accompany the retreating armies, or be destroyed, or junta, for it is not an appeasement plan. Nixon, of be surrendered to the legitimate government of the course, knew they would not accept before he made it country they are cached in. Withdrawing troops will be public. It contains such "unacceptable" proposals as granted safe passage from the they are presently free elections in South Vietnam, and a ceasefire illegally occupying, and will areas even be assisted in throughout all of Indochina. withdrawal if so desired. A cease-fire will go into Elect ions are unacceptable to the communists effect as soon as the withdrawal is agreed to. because their ideology forbids them. Free elections allow the people to express their political desires. prisoners of 2. Prisoner release. Communist regimes' only interest in the political belligerents shall be Allimmediately war heldintoby all released the desires of their subjects is to suppress those desires. custody of the International Red Cross. Those The other reason for not agreeing to free elections is prisoners wishing to return to native their lands shall badly. The that the communists know they would lose be transferred by the Red Cross. Those not wishing to loss at the Polls would expose the terrorist base of VC return shall be granted political amnesty. There shall power. Nixon knew this, and added the proposal solely be no forcible repatriation of prisoners. people the to demonstrate to the American intransigence of the Hanoi regime. 3. Free elections. Three months after the complete A ceasefire over all of Indochina, including Laos and Cambodia, is similarly unacceptable to the enemy. withdrawal of Hanoi's troops from its neighbors' having territory, free elections, supervised by the UN, will be To agree with it Hanoi would have to admit to held in Vietnam's northern provinces. All political troops in Laos and Cambodia, and that would force OTTO MATSCH persuasions will be allowed to participate, even com m vnists. Equal time will be granted to all candidates. The presently-ruling Hanoi regime will remain in power until one week after the election, at which time a legitimate government shall be inaugurated. Two months later a twin referendum will be held, again under UN supervision, to determine the matter of reunification of the northern and southern provinces. Those in the north will be asked to vote on whether they wish to reunite with the south, and those in the south on whether they wish to reunite with the north. A majority vote in both halves is necessary for successful passage of the referendum. If it is passed the two governments can work out the rest of the details for themselves. If it fails Vietnam will remain sundered until a majority in each half votes for reunification. The rationale of this 3-point peace plan is unique in its recognition of the realities of the war in Indochina. It is the only peace plan that tells it as it is: that the cause of the war is the naked, imperialistic aggression of the Hanoi junta against its neighbors. It is also the only peace plan that calls for elections in Vietnam's northern provinces, where the people have never gone to the polls to elect their leaders. Instead, they have been oppressed. Power to the people! do not expect my peace proposal to be accepted by the Hanoi junta. The communists have fought for control of Indochina for too long to give it up now and give peace a chance. They are not interested in I free elections, especially for their own people, who have known communist tyranny more intimately than any other country in Indochina. They are not interested in allowing POWs to return to their families, even POWs from their own armies. Such a gesture would bespeak kindness, an emotion alien to the sub-human communist mentality. They are not interested in a cease-fire, for that would stop the killing, and they are not interested in withdrawing from neighboring countries, for that would reduce their power. In short, they are not interested in peace. For them, peace is a term to delude the enemy with, the enemy being anyone who is free, anyone who desires peace. �February 24, 1972 THE OPINION 3 Letters To The Editor Irresponsible Faculty there be a relation? The grading system at SUNYAB LAW was to have an emphasis on pass-fail with a lack of class rank. The problem with this seemingly good system is that its implementation has resulted in an A,B,C,F system under a concealed name. The ultimate result is an incredibly ambivolent competitive system stemming from the Administration's failure to prescribe standards of evaluation. A solution, perhaps, would be to eliminate the HD and H grades. This would at least remove the ambivolence among students in interpreting their work product while at the same time removing the pressure from the administrators to implement the system and make it adequate. The solution requires either abandoning of nebulous honors categorizations an or implementing them in a manner which would make the grades meaningful or at least realistic. Michael Stachowski To the editor: When was a freshman received ray first semester grades in the middle of February, long after the upper classmen received their grades. I remember it unsettled me some, not having all my marks, and found it hard I to study. I drew some comfort from the knowledge that when I was an upperclassman, things would be different. To my surprise, when I was a junior, first semester grades in slowly, and again, it wasn't until the end of the month. Now I'm a senior, the middle of February has passed, and I still don't have all my grades, nor do many other students, and this time I am not just unsettled, I'm annoyed and amazed at the insensitivity of some faculty members. Okay, lawyers aren't supposed to be sensitive, but they are supposed to be responsible,and the lateness of some of the marks reflects an irresponsibility on the part of this faculty and the administration of this faculty that is unmatched in my experience, and I'm pretty sure in the experience of the rest of the students in law school To the editor: here as well. don't think it's necessary for me to spell Since Otto Matsch has attacked a "govemmentally out the importance to students of knowing where they controlled school system" as "an insidious derogation of stand, and knowing soon. liberty", may we presume that he has in a peculiarly What are you doing, you faculty members who oblique manner announced that he is transferring from haven't handed your grades in? You have a lot of work? I this govemmentally controlled law. school? As wary of brainwashing as.George Romney or Dr. don't want to hear that. So do I, but I meet my deadlines. Duke, Matsch complains" that public schools Sincerely, Raoul corrupt the mind. This corruption has become so rife that Deborah Lewis Matsch himself began to grow a beard. He has apparently pulled himself together. I note that he has shaved, perhaps so that he may look clean-cut for interviews private at law I I drifted Otto Anti-American ? I Grading System Questioned schools. Grade Time! A period of anxiety? content? ambivolence? At our law school the final question is perhaps the majority sentiment. Why? The lack of standardization of grades and an all too great uncertainty as to the interpretation of these grades seems to be the reason. What is an HD, a U? What relation does an HD in Philosophy of Law have to a Q in Federal Tax (a). Can PRESIDENTS CORNER (continued from ■ Goffin Anti-Liberal? . To the editor: I am amazed that Mr. Coffin, who up until now has always assumed the pose of an open-minded, concerned, relevant, viable liberal, should react with such virulent chauvinistic platitutdes when part of theEstablishment is derogated. Perhaps Coffin is merely another liberal establishmentarian? In any case, he has done a brilliant job of leapfrogging from irrelevancy to immateriality to distortion of the truth. He begins by chattering about the corruption of the mind. The point actually made was that governmental control of the schools gives the State the potential of controlling the minds of the students, an Orwellian prospect which even Coffin is probably leery of, or at least should be leery of. Then the talk about beards begins. As we all know, beards have a lot to do with the state of the universe, as Coffinhas so ingeniously brought I to our attention. And then finally his coup de grace: Coffin is "bothered." Unfortunately, the facts do not support his emotional reaction. In reality (i state of being scrupulously avoided by relevant people), the "most conservative American historians" do not support government control of the school systems. Coffin has conveniently neglected to name any of them for that very reason. Kirk, Friedman (really an economist), Kilpatrick and Hazlitt all deplore governmental controlof schooling. If Coffin can think of some "most conservative" historians who actually support his thesis (sorry, Gene, Gore Vidal does not count), then I wish he wouldlet me in on his secret. Otto Matsch One thing bothers me about Matsch's anti-public Letters are welcome from students, faculty, school stance. Ever since Massachusetts passed the world's first common school act in 1647, a free public education alumni,and others. The Opinion reserves the right for all has been an increasingly fundamental principle of to shorten letters too lengthy to print in their American culture. Even the most conservative American historians generally agree. Could Matsch be entirety. Please limit letters to two typewritten pages. Send to: The Opinion, 77 West Eagle anti-American? Street, Buffalo, 14202. Anonymous letters will GeneCoffin not be published. page two) "drops" as the grades come in. This Wallin concurred in the severity of the situation and solution has some major drawbacks. First, it tends promised me that he would make the grades appropriate to cause over enrollment in courses, and incident to available as soon as he obtained possession of them. To my knowledge, he had done just that. That is all that I, as President, can do. But (he Board of Directors can do more. The Board can pass resolutions, and motions of various kinds re: faculty grading, procedures and deadlines. The crucial factor then becomes what effect will these promulgations have on the faculty? At this point, in this school I would surmise that the effect would be minimal. The reason of course lies, not in this, the "closing out" of certain students. These students could be underclassmen who registered for the course, not as a hedge against their first semester's performance, but rather because they really wanted to take the course. The final injustice of course arises when the grades finally do come out. Then the "hedgers," realizing that they will have more than enough "passing" credits, will drop the course. Thus the professor sees what was once a course that was over-registered become one that could accommodate another 5-10 students. Albeit 5-10 students does not seem to be a large number, nor doesit seem to create too much of a sacrifice on the students, let me assure you that if you happen to be one of those students, the situation has an entirely different perspective. Aside from the numerical problems involved, many students will find that they would rather not take a course that they may eventually drop because of the expenditures of time and money (for the books, some of which are outrageous), especially many of the seniors who are now experiencing the joys of bar review. Thus, the problem is just as troublesome now, as it was prior to the "hedge" solution. Which brings one to the query-"Where can I turn to for the solution?" Charges have been leveled at me that the answer should come from the 5.8.A., that the Board of Directors should be handling these type of "gut" issues rather than "wasting" its time on other non-crucial matters. Let me respond to these charges toy saying that I concur. The S.B.A. should be doing something about this, and other gut issues. The more important question which I post is, "What can the S.B.A. do?" As the President, I have been in continuous communication with Mr. Wallin and Shirley as to the status of the different courses. Mr. - the 5.8.A., but rather in the apathetic student body that fails to support it. The student in this school seems to believe that the S.B.A. will be able to exert the desired pressure when he wants it to, when he is willing to give his support and some time for the attendance of a Friday meeting. This is an unfounded belief. As I have stated time and time again, the only way that the student will be heard in this school is by the continual raising of voices in unison. The 5.8.A., to be an effective, worthwhile organization, must have more than a sporadic backing, but rather continuous support throughout the year. Only in this way will it ever serve any useful purpose. As for last term nothing can be done. But, we can set the standards now for the present term and the terms to come. What we need is a statement from the S.B.A. signed, not by the 23 members of the Board, but by the 600 students of the school. The correct support, as was obtained in the N.Y. Practice affair earlier this year (which by the way, has been lauded by some seniors as the best course they've had in their three years here) can create the results we desire. So I say, especially to the underclassmen, rather than spend time complaining about the present state, of redirect that energy to a more constructive v 4 and support your only hope, the S.B.A. Niagara Competition (continued from page one) oral argument competition. Participating in the event are teams from Osgoode Hall Law School of York University, University of Toronto, Wayne State Universily of Detroit, Mich., University of Western Ontario and University of Detroit. The problem to be argued on appeal to the United States Supreme Court is an extradition proceeding brought by the Canadian government against Miss Connie Catalyst. Miss Catalyst, the respondent in the case, is a graduate student at McDill University, who is active in Canadian politics and has published many articles on chemistry. The Canadian government seeks her return to face charges concerning a conspiracy to blow up a statue of the Queen. She has instructed a group of students belonging to the Organization to Liberate Quebec (0.L.Q.) on explosives. Shortly before they are to detonate the bomb at the Queen's statue, the students are caught. They are convicted of conspiracy to attempt to violate section 79 of the criminal code of Canada, which deals with explosives. Miss Catalyst's role in the conspiracy is discovered and the Canadian authorities move for her extradition from the United States and it is at the appeal stage of this proceeding that the moot court teams must begin their arguments. Many area attorneys and judges are taking time from their work to act as judges in this event. Three judges from Ontario will also sit on the bench during the course of the oral arguments. The Moot Court Board has expressed their appreciation to these men and also hopes that the faculty and students of our own law school will attend the Niagara International Competition. the opinion is waiting for you in Room 2168 �February 24, 1972 THE OPINION 4 S B A By Michael Mongomery Admissions, Grades, Moot Court Discussed grades were on a pass-fail system remains FEBRUARY 18 ADMISSIONS COMMITTEE: Richard Evans presented a complete report on the activities of the Admissions Committee. Out of the 200 seats available for the upcoming Freshman class, it is expected that a minimum of 100 seats will be filled by applicants who were automatically accepted on the basis of both a 650 score on the LSAT and a GPA of 3.0. 25-30 seats will be reserved for Minority Students, the criteria for whose admission is being left up to the Minority Students Committee headed by Prof. Dannye Holley. The remainder of the approximately 2,000 students who have thus far applied to the Law School are placed in the hold category. 80% of the remaining seats will be filled by those applicants who have both a GPA of 3.2 and an LSAT score of 550-600. The Admissions Committee will be allowed to develop experimental criteria to determine who will be admitted to the 20% of the places remaining. These criteria will include: 1. previous activities and experiences in and outside of the academic milieu 2. some preference to those whose undergraduate major was in a more demanding field ie. physics. 3. the quality of the undergraduate school attended. The ['act that an applicant has a masters degree or Phd. will not be considered as granting priority, except insofar as the applicant has unresolved. Mr. Evans acknowledged that there seems to be a heavy geographical bias in favor of applicants from the WNY area (last year over 70% of the Freshman class was from WNY). He attributed this phenomenon in part to the fact that most applications come from students in this area, and of those applications from other areas there are few with academic qualifications sufficient for admission. Mr. Evans attributed the second major factor contributing to a WNY bias to pressure on the Dean and the Administration, engendered by considerable pressure from the local community to give some preference to students from the general up-state area.x MOOT COURT. March 3-4 will see the hosting of the Niagara International Moot Court Competition by Eagle Street, our representatives being the defending champions after last year's contest. Mr. Evans submitted a special plea to the SBA for additional funding in order to provide a closing banquet for the approximalely 70 visiting contestants and guest judges and attorneys. There was considerable comment against student funding for banquets, emphasizing that the funding of Moot Court events would most appropriately be provided by the "Law School and the State. Professor Greiner observed that the Law School is presently attempting to obtain funding in the State Budget for the support of Moot Court as some demonstrable accomplishment through his use of this an academic endeavor, similar to that degree. presently enjoyed by the Law Review. He The problem of undergraduates whose emphasized that any State funding gained produced thereby would include limitations on the purposes for expenditures established by the State, which would still leave the necessity for funding affairs such as banquets on outside sources such as the SBA, or Alumni. A motion to provide funding up to $380 was passed on a vote of 8-5-3. CLS MOVIE: Upon a request made by Sally Mendola, CLS was allowed to switch free its budgetary allocation lines to fund a showing of the movie "The Murder of Fred Hampton" in the Law School. This motion passed: 12-0-4. CENSURE FOR LATE GRADE TURN-IN: Citing a resolution by the Academic Standing Committee that course grades be submitted no later than I month after the last exam is given, Lee Ginsberg introduced a motion censuring those Faculty members who have failed to submit grades by this date. It was noted that while the procedure to enforce this Committee resolution exists, it has never been followed. It was decided that the late submission of grades be presented as a grievance to the FSRB in conjunction with the censure, which resolution should be circulated to all Faculty members. Mr. Greiner commisserated with the feeling of students about the late submission of grades, but criticized Both Faculty and Student committees and bodies for passing myriad resolutions with pertinence towards the individuals and groups they are directed towards, but allowing them to be buried in the minutes with any actual communication involved towards the individuals the resolutions were directed against. Asst. many Provost Greiner also noted that propositions loosely termed as resolutions from various bodies and committees are in fact "part of our great 'oral tradition' " and not really binding. The censure motion was passed unanimously. GRADING SYSTEM: Yvonne Lewis raised a generalquestion as to the present grading system, particularly in the way HDs have been used by some professors to cause its degeneration into a system of A-B-C-D(F) for many. The use of HDs was considered intolerable, particularly since there is no predictability as to which Professors refuse to give it, which makes a complete mockery of the pass-fail system which our present grading methods were purported to be. Mass confusion among students and Faculty have led to a hopeless situation. Lee Ginsburg suggested the holding of a student referendum to get some concrete student feeling on the validity of the HD grade. Audience comment indicated a sentiment among some that the entire system be abolished in favor of a more coventional system understandable to Faculty, students, and particularly to employers who would be able to judge the quality of job applicants with more facility. ASST PROVOST GREINER: Among the general comments addressed to the body by Mr. Greiner was a felt need to move with caution in regard to discretionary (continued on page eight) Representatives Hear Committee Reports Gene FEBRUARY II primary Coffin noted (hat While the complaint again at the clinic of faculty supervision, program is lack PROFESSIONAL PROGRAM COMMITTEES: Mike Place reported that there has been little progress made. One major issue is the status of the clinic programs, the chief problem being over-enrollment and lack of adequate supervision. He reported that the entire clinic program is under fire, and will probably be cut back severely. The outward probable enrollment to be allowed in the future would probably be 12 students per Faculty member in the program. Mr. Place stated that, while Dean Schwartz favors the clinic program and wishes for greater resources in support of there is almost a total lack of such supervision in the classical lecture course except for the final exam. NEW SENIOR DIRECTORS: Eliot Tunis anil Charles Genese were accepted as the elected replacements to the SBA senior directorial seats vacated by John Blair and lorn Brett. ENVIRONMENTAL LAW: The constitution tor this new club was accepted on a vote of M-0-2. It was suggested that the officers submit a budget to handle any necessary expenses. It was noted that the funds originally allocated to LSCRRC have been freed up, since apparently this group will not be spending anything. it, the Faculty rates it as a disaster area GRADUATION COMMITTEE: Ralph Cox with little educational value for many reported that the Law School graduation students. It was suggested that an open ceremonies will be held on 28 May at the meeting be held to discuss the issue of Mary Seaton Room, Kleinhans Music Hall. clinics. A corollary issue was raised in regard to the status of the clinic program once the Law School is isolated from the centers of legal activity in Buffalo by its removal to Amherst. It is expected that Howard Samuels will be the speaker. No decision has yet been made on the wearing of caps and gowns. The Faculty has been approached for financial assistance through Mr. Greiner, an issue alsostill in doubt. WOMEN FACULTY SEARCH COMMITTEE: Laurel Binder reported that the fruits of this committee, headed by Miss Girth, consist of an offer by the school to Nancy Gerstner of Yale. Apparently the Faculty approves highly of Miss Gerstner, whose fields of interest include Admin. Law, LaborLaw, and clinic programs. Still, the faculty feels that the most urgent needs lie in the fields of civil procedure and property. This candidate had no teaching experience, but is considered to have an excellent reputation. It was considered unlikely that Grace Blumberg would come back to Buffalo. Herbert Greenman noted that while 5 Faculty lines are presently open, only one offer had bee made. He observed that the Faculty believes that Ist year courses can be taught by anyone, and that the Faculty is in general opposed to the expansion of the Clinic Programs advocated by the student representatives on the Appointments Committee. ADMISSIONS COMMITTEE: A report from Deborah Lewis stated that the school will use the usual sliding scale for the acceptance of new students, ranging from immediate acceptance for applicants with a 650+ LSAT and 3.0 GPA on down. It is anticipated that the number of applications will be doubled. It would seem that there is a division among the Faculty on raised standards. The Administration expects most of the new Freshman class to be filled by those who were automatically accepted under the above criteria. Miss Lewis' report noted that the Minority Program still exists and a number of student slots will be left open, to be filledby the Minority Students Committee. It was suggested that Dean Lochner be invited to address the SBA on the subjecl ofadmissions. DONEGAN APPOINTMENT: President Morris stated that Mr. Donegan is being considered by the Faculty for appointment as an associate professor. ADVISORIAL PROBLEMS: Due to the non-existence of Faculty advisors for students,it was suggested that a crib sheet be prepared indicating the relative merits of various Law School courses. A supplemental proposal included the institution of Senior student advisors for Freshman students. A motion in this regard was passed 10-1-1. Model Exam Answer Issue Debated members who would compley with such a request, an attitude shared by Mike Sugar who pointed out that a number of SENIOR ELECTIONS: the resignation of instructors repeat their exam questions, Sγ. Rep. Tom Brett ushered in the SBA and would be chary of letting meeting of 4 February. Mike Sugar was pertinent information out. Judy Kampf appointed as his replacement pending the expressed the view that preparation of election to fill vacant seats. It was model answers for posting might tend to decided to remove the PIRG referendum rigidify the mind of instructors as to from the ballot in view of the chaos answers in the exams itself which might presently reigning on the main campus be considered acceptable. Bob Allen and and in Albany regarding mandatory vs. Richard Weinberg suggested t ne preparation of a basic issue analysis,-not voluntary student fees. MODEL EXAM ANSWERS: Reed Cosper a model answer, such analyses to be suggested that professors be asked to made available in the Library. A motion come up with some form of outline of to put this proposal before the FSRB what they were looking for in their final was passed U-4-2. exams, lie felt that the posting of this ENVIRONMENTAL LAW SOCIETY: material after exams would be an aid to Bob Rodecker requested the approval the teaching process. President Morris and recognition of this nascent student questioned the number of faculty group. Mr. Rodecker proposed that this FEBRUARY 4 organization could channel student energies towards handling cases in environmental law in this area, as has been done at other law schools in the country. A vote on the constitution ot this club will be held on II Feb DISBURSING AGENTS AND SUB BOARD I: Mr. Greiner is reported to have said that no one in the administration would accept the responsibility of being the disbursing agent for the student government, in contrast to his statements made at the previous SBA meeting. It was suggested that the SBA go tto the Sub Board I voucher system out of necessity until the end of the year to see how it worked, while planning viable alternatives in the meantime. Sally Mendola questioned as to whether the on-campus disbursing agent might not approve expenditures for cc r tain organizations whose goals or make-up were d isapproved by the Administration. President Morris doubted that such problems would affect SBA organizations as long as they were not designed more than Vi for the benefit of those outside the student body. COMMITTEE REPORTS: A request by Weinberg for a progress report from the Social Committee triggered a general demand for reports from all committees so that the SBA can find out what is going on. President Morris noted that there are problems with the Election Committee since there are no members on it outside of the Chairman. Lacking volunteers, Mary Anne Hawco, Reed Cosper, and Larry Shapiro were appointed by fiat. �February 24, 1972 THE OPINION 5 Mitchell Lecture Series Campbell on Law and Experimental Society By Joe Gerken Professor Donald Campbell, sociologist at Northwestern University addressed the Mitchell Lecture Series on "Law and career out of "curing momentary swings in the graph," for example, by entering a situation where a crime wave is predictably peaking and taking credit for the subsequent decrease. Experimental Society" recently. Once one has determined that that it Mr. Campbell first explained a change is significant the title of the lecture. Whenever differs markedly from any social research seeks to evaluate predictable pattern, it is necessary the effect of changes in the law, it to keep in mind that the meaning must take special care that the of the change may not be obvious. Campbell suggested that the conclusions reached reflect actual changes rather than distortions Connecticut study could have inherent in the research method. been more convincing if other For example, Abraham factors had also been noted Ribicoff, as Governor of possibly the relative number of Connecticut, instituted a "get licenses suspended, the change in tough" campaign against traffic number of traffic offenses, or the violators. After a year, the change in average and maximum governor announced that the speeds observed on selected program was a "definite success," highways. It is essential to realize pointing to a large drop in traffic that any factor, or group of deaths during the year. factors can point to different, The inadequacy of this often contradictory, conclusions. approach, Campbell noted, is that Reduced traffic offenses there was no attempt made to could indicate safer driving, but it check whether the drop was truly could also mean that since longer significant; and that, even if it sentences had been instituted', were, it could have signified a police and courts were more number of causes. reluctant to give tickets or To determine whether the subsequently to convict offenders. drop was significant, the social Ca mpbell feels this is a scientist must first extend the pervasive problem facing period dip that the can be lawmakers time in an experimenting seen in as part of a larger pattern society that a change in the law of change; he must also refine his will naturally induce a change in interpretation as to what the the "scoring system." An increase larger pattern means. in police in a crime-infested area Campbell suggested that a will probably lead to more arrests, smart politician with a and may encourage people to sophisticated awareness of report crimes that they otherwise - - - - , - statistical patterns could make a would not have. This may -- that this would indicate an apparent increase in crime, he was able to make this known to the public, thus avoiding a "crime wave" scare. Campbell noted that lead lawmakers should be wary of Placement Survey from page one) interviewed at the school even once. Most answers suggested a wide gap between the number of responses to their letters, and the number of affirmative responses indicating an invitation to interview. . . (continued JOB MARKET? Inability to find a job was attributed by many to a "bad job market." Certainly with a high number of unemployed law graduates walking the streets, some rejections are imminent. But one of our top graduates received this rejection excerpt: "After ilit'. comparing the information which . iHiKiγ-iwo )S.. vvnii Mm: Buffalo Area NY State NY City Out of State Washington D.C. Was contact made through friend or relative in Buff, area? Friend or Rel. in NYC? you submitted in your resume I must frankly discourage you from applying (sic) to us for a position I know that as you contact other firms you will find a number who will have good employment possibilities for you." * Private Firm Local Govt. State Govt. Govt. l6 5 3 0 0 0 0 0 2 0 1 0 0 0 0 0 4 0 0 I 0 0 0 0 0 0 0 0 0 0 ' 6 1 SHEER LUCK Did you interview at the School? Yes No Total 6 25 One time 2 Two times 2 Ten times I Ten times 0 1 One senior who landed a federal government position in Washington, D.C. attributed it to "sheer tuck." Perhaps that's what the whole senior class needs right about now. , OPINION SURtVEY Yes No Yes, not in Military Grades: Above Average Average Below Average No answer 32 62 3 4 24 8 0 0 25 32 2 3 1 2 0 0 1 3 0 0 low many Private InterviewsHave You Gone To? flone Did you clerk? Yes No No Ans. 20 3 9 20 14 28 1 2 0 2 0 2 )ne "wo "hree r our We :en • 36 8 4 6 3 4 1 Fed.. Legal Aid How many application letters have you sent out? None 12 1-5 6 6-10 3 11-20 4 40 1 50 2 60 2 Too many 1 . AND THE OTHER SIXTY-TWO Did youinterview at SchoolI Yes 19 Total One Interview 6 4 Two Interviews ThreeeInterviews 4 Four Interviews 2 Five Interviews 2 Six Interviews 1 Service law Do you have a job after graduation? - source ot control groups that a scientist can more easily find two or more jurisdictions in which he could expect the same pattern of change to occur, and be safer in assuming that if one jurisdiction changes an appropriate law, a marked deviation from expectable patterns in that state will probably be related to the change in law. Since some situations can be expected to be more closely related to the change in taw than others, this difference can also be used to guage the relationship of the indicator to thelaw. When stronger drunken driving laws were established in England, researchers could safely assume that if the laws had any impact it would be much more significant in the early morning hours on weekends than on weekday afternoons. By comparing parallel statistics for these two time periods, researchers could better tell whether a change in accidents is related to the new law. British lawmakers were also wise in publicizing a specific date when the tougher laws would go into effect thus establishing an abrupt break an effective one, since the public was immediately the United Stated provides legalI aware of it and could respond to researchers with some means of the new laws. checking the meaning off Campbell by ambiguous changes. Noting the■ noting the dangerous areas which "convenient chaos" of variouss an experimenting society must be state laws, Campbell pointed outt aware of before statistics are used that this "chaos" creates a richi to prove an assumption. some to conclude the crime rate legislating against the indicator. had risen, an incorrect For example, an increased divorce assumption. rate may be a sign of a deterioration of family life, but The appointment of Orlando lawmakers should not assume that police the a legally induced drop in the Wilson, a sociologist, to department in Chicago was divorce rate e.g. through more followed by more efficient restrice divorce laws will mean a reporting of crime. Since Wilson more healthy family climate. was foresighted enough to predict The federal system of law in No 42 How many application letters have you sent? None 1 2-4 7-10 12-15 20-25 15 7 4 4 4 5 30-35 40-55 60-75 100-110 175 & over 5 6 5 3 2 �February 24, 1972 THE OPINION 6 Gracles LTHHEERyA.T AST The following is a chart of almost all of the grades for the Fall semester. (Missing are those grades which hadn't been turned in by last Friday). The rating system was compiled as follows: Each grade was assigned a value (HD = 3,H = 2,Q=i,U = 0). Then the total number of points was divided by the number of persons who received a grade in that course. With this system, any course which had an average grade of Q wouldreceive a 1.00rating. As far as the value of the grades themselves, you can draw your own conclusion. Crse.+Prof. Stud. No. HD (%) FRESHMAN Contracts A-Donegan Contracts B-Fleming Contracts C-Rickert Property A-Creiner Property B-Goldstein Property C-Joyce Torts A-A.leson Torts B-Davidson TortsC-Kelley Crim/Uw A-Birzon Crim Law B-Holley Crlm/Uw CKatz A-Mann Tax A-Del Cotto H 0 (%) (%) (77) (64) 48 (12) 62 0 (0) 8 13 (18) 46 71 0 (0) 45 (65) 11 (15) 69 0 (0) 36 (57) 11 (17) 63 0 (0) 53 (69) (11) 76 0 (0) 9 40 (59) 67 0 (0) 10 (14) 40 (67) (10) 59 0 (0) 6 (11) 53 (74) 71 0 (0) 8 (12) 47 (72) 65 0 (0) 8 (14) 45 (73) 61 0 (0) 9 OF 17 FEBRUARY 72 NO GRADES AS (2) (11) 49 (69) 8 71 2 94 140 8 0 (8) (0) 20 19 (21) (14) . U (%)Wdrn.(%) 4 (6) 10 (14) 7 (10) 12 (19) 13 (17) 9) (0) (0) (4) (4) (1) (0) (4) I) (610 (0 13 (19) 7 (11) 7 7 4 0 0 3 3 1 0 3 (10) 3 4 No Grd. (%) 2 2 3 10 4 3 2 0 (3) (1) (1) (4) (2) (0) (6) (4) (3) 0 Rating 1.06 1.04 1.06 1.07 95 .95 98 .0 01 W !;<» (7) r»' 07 1.07 17 (18) 7 (5) 1.35 .98 "*"*•**""***"*T 7 (9) 0 (0) 5 36 (38) 10 (10) 3 93 (66) 21 (15) 1 (3) JUNIOR / SENIOR (6) 1.18 (22) (5) 0 (0) 12 (67) 18 0 (0) 4 Tax B-Joyce (4) 15 (56) 2 (7) 0 (0) 1.31 27 I (4) 8 (29) Tax C-Del Cotto (3) (3) (3) 2 2 1.12 75 (78) 3 Comm. Paper Rickert 96 0 (0) 14 (15) »••»«�•••»••«••»�*••*•»»•»•�»«•. OF FEBRUARY 17 72 NO GRADES AS Future Interests Mugel (12) 0 1.03 (4) (8) (69) (5) (0) 39 3 7 Rights Girth 56 5 2 Dbtors Trademark Copt Trademark Copyright, .93 (10) 44 (73) 10 (16) 0 (0) 0 (0) Patent Goldstein 60 0 (0) 6. 1.02 100 I (I) 13 (13) 71 (71) 13 (13) 1 (1) 1 (1) Labor Law Atleson 107 (0) 75 (76) 7 (7) 1 (1) 2 (2) 14 (14) Family Law Teitlebaum 99 0 95 (68) 20 (14) 1 (1) 6 (4) 98 Evidence Teitlebaum 139 I (1) 16 (II) 1.26 71 (71) 2 (2) 0 (0) 1 (1) Civil Proc. • B Kochery 100 2 (2) 24 (24) 31 (42) 0 (0) 0 (0) 12 (16) 1.60 Phil, of Law Franklin 73 7 (9) 23 (31) (2) (7) 39 (86) 0 (0) (2) 1 (2) 1.12 Conflicts • Laufer 45 3 Kochery (0) (30) (61) (0) (0) (8) Admin. 36 0 0 0 3 1.33 II 22 Jud. ■ Contemp. IntnatT (7) Law ■ Buergenthal 28 2 (7) 2 21 (75) 2 (7) I (3) 0 (0) 1.17 (23) 4 (31) 0 (0) 0 (0) 5 Corp. Order ■ Bazelon (38) 1.62 13 1 (8) 3 (26) 10 (52) 3 (15) 0 <u) lc (5) Law & Psych. Carnahan 19 0 (0) 5 1.11 Civil Disb (0) 8 0 (0) 0 5 (62) 0 (0) 0 (0) 3 (37) 1.00 Civil Disobed. Katz 9 (26) (60) 2 (13) 0 (0) 0 Women & Law Davidson 15 0 (0) 4 (0) 1.13 Land Conserv. and Managmt Reis (4) 4 (19) 1.15 21 22 (57) 3 (14) 0 (0) 1 (4) (30) 1.15 II (55) 3 (15) 0 (0) 0 (0) Amer. Leg. His. Gordon 20 0 (0) 6 (31) (43) (12) Consumer Prot. Girth 16 I (6) 5 0 0 7 2 (0) 1.33 (0) Selected Prob. of (43) 0 (0) 3 3 (43) 0 (0) 0 (0) Envir. Reis 7 (15) 1.50 Law & Soc. Chge. • (25) 8 (33) 4 (16) 0 (0) 6 (25) 1.11 Galanter 24 0 (0) 6 NO GRADES AS OF 17 FEBRUARY 72 Admin. Law Gifford *«****•*•••»*«*»*•••»•••*•'«•»•»•• Land Trans.- Homburger NO GRADES AS OF 17 FEBRUARY 72 ••***•«•••»• and Greiner 8 14 0 (0) 5 (28) (57) 0 (0) Mun. Legis. Kaplan 0 (0) (7) 1.39 (13) 18 (81) 0 (0) 0 Corr. Sem/Clin Schwartz 22 0 (0) 3 (4) 1.11 o School,Law Seminar Newhouse/Rosenberg 16 0 (0) 4 (25) 9 (56) 0 (0) 3 (19) 0 (0) 1.30 18 (54) 0 (0) 0 (0) 0 (0) 14 (42) Govt. Lit. Clin. Manak 33 1 (3) 149 0 (0) 14 (36) Legal Aid Clin. Manak 39 25 (64) 0 (0) 0 (0) 0 (0) 1 39 1 .- - 1 1 ■ -- -- ■ 1 1 1 1 - - - „ 1 1 �February 24, 1972 THE OPINION Distinguished Visitors Fnr.. m 7 Environmental Law Society Forms Legal Services for the Poor The SBA Speakers Forum of One very unfortunate aspect diminishing the effectiveness of February 16 hosted Ms. Marjorie of this study is the discovery of existing programs. Girth, speaking on "Providing different patterns of some The OEO-Neighborhood Legal Legal Services for the Poor." representation emerging in Ms. Girth, Professor of Law different areas. An interesting twist comes finishing a manuscript on this from the observation that most topic, called for a discussion of reform efforts have been, used legal representation for the by the non-poor. poor. After working in bankruptcy As a result of these factors, proceedings in New Jersey, Ms. there have developed differing Girth developed an awareness levels of activity, and interest in legal aid accomplishment interest and programs. She has come to the country. Communityacross the conclusion that existing cases handled by reaction to has programs for services to the had a definite lawyers effect in poor do not do an adequate job and suggested that alternatives to the present system should be at SUNYAB, who is presently by Robert Rodecker Services program as of 1971 remains one of the most vulnerable projects. Other projects modeled on this have found themselves thus becoming even more susceptible to attack. Ms. Girth made several proposals for an effective and responsive legal assistance program, including a unitary fund to supplement a lawyer's income for legal assistance work, as well as a grapevine system to channel clients to experts. developed. Often, Ms. Girth pointed out, the quality of legal services does not meet the challenge of "equal protection". An evolving psychology surrounding the "doling out" of free services has helped to limit charitable legal services. Legal reform was early called upon when the first public defender and OEO programs became swamped by caseloads. Pointing out the differences between public and private representation, Professor Girth noted that a conflict of interest exists between public lawyers and lawyers developing"a private practice. Further, she emphasized, advocates are chosen for the defendants rather than by them, and they are salaried rather than placed on a fee basis. Last Friday, the S.B.A. approved the constitution of an Environmental Law Society. The purpose of this organization will be to provide the students and the public with a continuing program of information and services in the fields of environmental law and public interest problems. At the present time, six students are working on one case and it is expected that through their efforts and through other contacts a number of other projects will be available for those students who wish to take part in relevant and essential activities. Through this organization, it will be possible for the students to provide the public with information and services that heretofore were unavailable or economically prohibitive, and at the same time the students will be able to gain knowledge and experience that until now was unavailable. It is hoped that through the interest shown for this type of organization, the faculty will be able to offer a clinic program next tyll. In the past, it has been extremely difficult for most students to pursue an interest in this area to any meaningful degree. With the limitations inherent in an understaffed and overworked faculty, a paucity of space, and only a mild interest displayed by the student body, it was only natural that our law school lagged behind a number of schools in the country in providing a program of this nature. Now, however, if enough interest is generated, there is a good possibility that a clinic program of this type would be in order. This will only come about, however, if enough students show an interest this semester. At our initial, poorly-publicized meeting, at least twenty-five individuals showed up and expressed an interest in forming such a group. This week we will have a meeting for the election of officers and a discussion of future efforts. It is expected that in the future this organization will be able to serve as a clearing house for information, a research group of public interest organizations that lack the expertise and facilities that abound at the law school, and that certain members of the society will be able to work on cases and projects that may arise. If a clinic program were offered, students could be placed in the offices of Delaware District Councilman William B. Hoyt, County Attorney James Magavern, and other students could provide services for such citizen's groups as CAUSE, Housewives to End Pollution, the Sierra Club and others. In addition, senior students could handle litigation and negotiations for these same groups and others. Membership in the Environmental Law Society is open to all law students and its success is dependent on individual desires to work toward the Society's goals and objectives. A meeting for allinterested students is tentatively scheduled for Thursday February 24, 1972. Wallin Proposes New Law School Schedule A new schedule for the Law School has been proposed by Charles Wallin, Law School Registrar, for consideration by the Law School Community. The schedule, which would end the Fall semester before the Christmas holiday recess, is being proposed to eliminate many problems which result from the Law School being on a different schedule from that of the rest of the University. Following is the text of the proposal: TENTATIVE CALENDAR TO: Faculty, Staff and Students Classes begin Attachedis a proposal for a calendar for the 1972-73 falland spring semesters. The fall semester shows classes beginning on Monday, August 28, 1972 and ending on Friday, December 8, 1972. The two-week period, December II to 22, is for examinations. As shown, the schedule provides for five Monday, Aug. 28 Sept. FROM: C.H. Wallin, Registrar holidays. The spring semester would commence on Thursday, January 11, 1973 and end on Friday, April 27,1973. The examination period would be April 30, 1973 to May 11, 1973. This spring semester provides for one holiday on February 19, and a spring recess of one week beginning Sunday, March 18. One reason for suggesting this calendar change is to enable the Registrar to comply with the University deadline to submit grades to Admissions and Records. For the past semester, this deadline was January 20, an impossible date for the Law School, since our examination period ended on January 15. As a result, our grades cannot be recorded on the students records by the computer, but must be recorded manually by our staff. This process is very time-consuming and also is subject to clerical error. Another reason for proposing a change is to allow us to complete our spring semester in time to participate in the University Commencement exercises. Your comments and suggestions are requested. Please submit them to the Registrar or Mr. Greiner. 1972-73 SPRI NG SEMESTER FALL SEMESTER 1972-73 • Number of class days Number of Classes begin 5 Thursday, Jan. 1 1-12 class days - 11-15 1 Sept. 4 Sept. 8 (Holiday 9/4) 5 18-22 5 25-29 Oct. 2-6 9-13 (Holiday 5 5 4 16-20 5 (Holiday 23-27 4 10/23) 30-Nov. 3 5 Nov 6.| 0 5 5 13-17 24)3 1/23, 20-24(Holiday 1 5 27-Dee. 1 Classes end December 10/9) 8 Exams: December 11-15 18-22 TOTAL: 70 days classes 10 days exams 15-19 22-26 S 29-Feb. 2 5 February 5-9 19-23 (Holiday 2/19) 26-Mar. 2 Mar. 5-9 12-16 19-23 (Spring Recess) 26-30 AP r 2-6 5 5 5 4 5 5 0 5 '-'3 £20 Classesend April 27 5 - 12-16 Exams: April 30-May 4 May7-Mayll 5 TOTAL: 71 daysclasses 10 days exams 5 5 5 �February 24, 1972 THE OPINION 8 Notes From Elsewhere by Michael Montgomery - PLACEMENT from this already less than powerful organization the beleaguered committee was further denied access to the results of professor and course evaluations previously put a before the students. The final crunchofcame when tocode the grievances of procedure for the presentation Sic resounding margin. committee failed to pass by a Transit Paranoia. Res Gestae University of Michigan Just imagine! the Law School at U of M manages to put out a placement directory for the use of prospective employers without blowing out its computer banks and they do it every year! Captain Marvel strikes again. This marvelous tome is sent to a mass of employers for their use in scheduling interviews during the course of the year for both summer and permanent STUDENT TENUREPARTICIPATION at the Law School! jobs. The Directory includes considerable information about the students who wish to be listed therein grades, honors if any, etc. Just think, boys and girls, if you are For the first time in the history of this ancient good and tie your shoelaces right (those of you who wear Canadian law school, students are going to be allowed to shoes) you too might get a placement office right here at participate in the Faculty determination of which new Eagle Street that does neat things like that full time professors are sufficiently qualified to be granted tenure even. Like around 1990. after their third year in Toronto. This kindly concession to the students, (who will have to put up with the* instruction of those professors who are tenured for the rest of theirlaw school career) is the culminationof a year CASTRATION IN CANADA long struggle. The conflict was initiated last fall over rising Osgoode Hall, Toronto student complaints about the inadequate taaching Obiter Dicta Actually, it was an organization which suffered the abilities, alleged incompetence, and total indifference of ultimate indignity: The Academic Relations Improvement students exhibited by a trio of new professors whose Committee, a body similar to the FSRB at Eagle Street. academic future is presently on the line. It will be Founded upon a strong Faculty opposition to change in interesting to see whether student discontent has any almost any form, a movement grew which succeeded in effect on the tenure committee with the new student eliminating the power to at least recommend changes input. 1 1 - - - - - > i JUDICIALCLINIC PROGRAM New York Law School Clinicprograms are not dead, or even quasi moribund readily at other law more merely thriving they are schools. NYLS has a Judicial Assistance Bureau in which a large number of students are spending at least 10 hours a week as assistants, clerks, and general dog's bodies for the Judges of the Criminal Courts of the city of New York. If it can happen at New York Law School, why can't such a program flourish in Buffalo? Equitas - NLG INQUIRY National Lawyer's Guild is under fire at NYLS from the Administration for saying nasty things in an open letter to the student body, which alleged widespread cheating on exams and incompetence in the faculty. The Dean called in NLG leaders for an "informal interview" at which he tape recorded the entire conversation a nic6 Orwellian touch to be envied by the Administration of any school. The Dean refused to allow a reporter for EQUITAS to use a tape recorder in an interview at which the reporter was trying to find out what was going on. The affair resulted in the revocation of the charters of both the NLG and the Republican Club (odd bedfellows if ever there were.). Score another pail of milk for the Sacred Cows. — Bird shot Report (continued from page one) - the report details the efforts of various student groups and the Civil Liberties Union lo discover evidence of the shootings and involve Senators: Jacob Javits, and Charles Goodeil, Governor Rockefeller, the Buffalo Police, Mayor Sedita, Michael Dillon, Erie County DA, the NY State Police, the FBI, the President's Commission on Campus Unrest, and the US JusticeDepartment. based on evidence-photos, medical reports, wounded students, and 78 eyewitness statements, all of which is analyzed in the report, the report tells the stojy of seven separate shootingincidents on the UB campus by uniformed Buffalo Police. the resultant investigations that followed this event are discussed in great detail. - - - 1) The City of Buffalo the report demonstrates that high police department officials not only tried to cover the matter up to mislead the public while the Mayor washed his hands of the matter. 2) TheErie Cbunty DA although all the evidence was presented to the DA, no witnesses were interviewed and no real effort was made to discover the truth. The report concludes that the enforcement of Justicewas on a partisan basis in the summer of 1970 with the DA prosecuting students with less evidence thanhe had in this case. 3) New York State although Governor Rockefeller personally promised an investigation*, the state police never fully investigated the matter. The state made minimum efforts which were enough to cover itself if other agencies did more but not enough to fully investigate the affair. 4) TheFederal Government thereport praised the federal government for the most in depth investigation but asserted that even the FBI did not make attempts to discover new witnesses making this investigation incomplete. The author states that while in Washington in June, 1971, he was told by - - - the Justice Department official in charge of the UB was believed, based on the statements, that the Buffalo Police shot students, despite this fact the JusticeDepartment never made a fullpublic report on this matter vital to the public. case, that it - the press and media were the strength of the effort to expose the police but failed in their obligation to fully investigate and expose this matler. The reporting of the events of May 7 were marred by poor reporting, reluctance to expose the police, and in one incident the printing of an outright lie, that the FBI, and cleared the Buffalo Police. This was never the case since only the Justice Department had the power and they never drew any public conclusions. All of this reflected an unholy alliance between the police and press. The conclusion of the report stressed that within the police department, Police Benevlant association obstructionism, police resentment, and commandreluctance to effectively investigatepolice abuse and misconduct have made the police department impotent in purging its own ranks. It is suggested that the federal and state governments have the power to oversee the Buffalo Police Force and that any type of civilian review could review this problem in Buffalo. Above all, in order to obtain positive results in these cases the public must be brought to realize that police misconduct exists and is not being delt with. The responsibility for informing the public of police misconduct rests on the mediawhichis most reluctant to perform its role as watchdog of freedom. Until this situation changes there will be no equal protection under the law and as to unpopular groups a state ofanarchy will exist. Also contained in the report are numerous photos of the night of May 7, 1970, copies of medical reports on wounded students, and the correspondence of theDistrict Attorney, the Justice Department and Governor Rockefeller. The report was compiled primarily through the efforts of students at the State University of New York at Buffalo SchoolofLaw. Copies of the report will be distributed to University of Buffalo students in the Monday, February 28, edition of The Spectrum. It will also be included in all of the mailed copies of The Opinion. For additional copies of the report, send 25 cents to They Shoot Students, Room 214, Norton Hall, 3435 Main Street, Buffalo, New York 14215. (Checks should be made out to SubBoard I, Inc.) Any questions, comments, etc. should be addressed to the aboveaddress. Geiiese Tunis Two new Senior representatives were elected in recent elections to replace Senior representatives, John Blair and Tom Brett who resigned. The new representatives Chuck Cenese and Eliot Tunis. They will serve until are the end of the semester. Approximately one-third of the Senior Class voted in the election. SBA((continued from page four) admissions in regard to the make-up of those accepted as Freshman for next year. Factors to consider were the present make-up of the application form, presently under revision, which offers little indication about the advisability for an applicant to submit additionalinformation about himself and his accomplishments. In regard to student representation on joint committees, he stated that a Faculty resolution has established that there shall be a minimum of two students on each such committee, the actual number to be left up the FSRB. The FSRB has failed to make such a determination, and the number of student representatives is presently subject to the discretion of each joint committee. COMMUNICATION GAP. Professor Greiner suggested that there was a woefully inadequate flow of information between Eagle Street and the offices in Prudential. He hoped that this problem would be remedied through articles of joint interest to be printed in the Opinion and posted on bulletin Boards. Information he hoped to make available soon included an outlineof the promotion and tenure procedures of the Faculty, and a delineation of both requirements for graduation and admission to the Bar. PROPOSED SCHEDULE. Comments on the proposed schedule for next year, presently posted on various bulletin boards, expressed the fear that the limited time between the end of classes and the pre-Christmas exams may prove a burden on neophyte Freshman unfamiliar with preparation for law school exams. �February 24, 1972 THE OPINION W If"LL Is —-s,W VJα vggwYo^^/ 1 W 9 '• —nI If you live or work in New York State here's something to smile about- s—% J l|sssW lV«VVlVll „ „„,,„ Th.W..,.,nN.wYorkS.» low-cost Savings Bank Life Insurance WBL For over 30 years, people wholive or work in New York Slate have enjoyed a very a ■temgejl insurance at very low cost from a Mutual Savings Bank. Hundreds of thousands ol ■PHHH Ni, JET If mr ■■ ' m ■ W 11 ■ ««. Here's an exampleof SBLI't new, lowrales Thischart shows the siqnilicant reduction in rales for a SZO.OOO 5 YearRenewable Term Plan. special advantage: the right to buy life •. . I >Mr "Wm H-uuffl f^^°II Turt || I HOW CAN SBLI REDUCE RATES IN TODAY'S ECONOMY? 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Dale ol eirlh 4a^^La^^aV 11 >.P Phone IilJlSaljißI 8 1l The Western New York Savings Bank �For fill You Pinochle Nuts a by Mike Montgomery LEttER FROm LIEChtEnStEIn Despite all efforts of the traditional Liechtenstein, where the player has one educational processes, there are certain ace, at least, up to the totally valueless great values and truths in life which hand in which the player is elected to have waxed apparent to even the dullest the throne of the Holy Roman Empire. minds at the end of one's final year at The Monty Move Eagle Street. Matched only in the Another now-famous term whose worship of 6 day old pasta fazool by the Trobriand Islanders during the tortured birth took place in the of Eagle Street, is the Monty dugong season (otherwise known as the basement Move. Flexibility is the keynote of the manatee), Oscar Wilde would typify the Monty Move it can be done by latest eternal gobbet of wisdom to anybody at any time and in as many splatter all over the world "the Importance of Playing Pinochle — Pinochle class, if whole 48-card queen, February 24, 1972 THE OPINION 10 is the life blood of the Senior not of the law school as a this game played with a deck, double ace, ten, king, jack, nine per suit has provided a source of mental stimulation and intellectual challenge matched only by that of staying awake during the Marino Bar Review course. The Liechtenstein The curious reader (a curious fellow indeed if he has read this far in a morass of mental tripe) may well ask what connection there is between the noble game and the Principality of Liechtenstein, famous primarily for stamps, toothpicks, and false teeth. In ihe course of playing, many terms of art have been developed to give one's partner a subtle hint as to the relative merits of one*s hand (such as I've every ace in the deck" or "who dealt this mucous.*'). A Liechtenstein is the most powerless and distressing hand possible, consisting of all the queens, jacks, and nines in the three non-trump suits but no double jacks of diamonds-queens of spades. Liechtensteins are of varying qualities, running from the lord of - - - - putty and chicken Tat. The second characteristic of the Monty Move goes toward the results alternatively of unmitigated disaster or unwarranted success. Usually the result is about as popular as the perpetrator of the Monty Move as was the Inquisition with the Protestant Reformation. What the erring soul's partner thinks does not bear telling. Examples One of the first Monty Moves occurred when one player bid high on what he thought was an ace in each suit and a run in spades, only to discover when the crunch came that the crucial ace of spades was actually a club. Intentional Monty Moves include attempting to use the queen of diamonds/jack of spades for a pinochle, - two or instituting homophile marriages kings. A Monty Move which has fostered erring when the many variations occurs player and an opponent have both strong trump suits, and the player saves his ace of trump just long enough so that his opponent can pick it off the wall. When the player has a very strong trump suit, indeed, a run with both aces and 6 trump in all, the Monty Move most common is for this person to play out all his off suits so that his opponents can make their trump good. Where one player has a point card and a ways as the sands of the desert. One valueless card in clubs and his partner characteristic which is a constant is the leads the ace of clubs, the proper Monty inherent nit-wittedness of the ploy, Move would be to throw the loser on whatever it is. The perpetrator of a your partner's ace so that your Monty Move feels, upon discovery that opponents can take away your point he, too, has fallen prey lo that dread card. pattern of play, as if someone had Monty Moves with fortuitous results stuffed his head with a mixture of silly are about as rare as sober National Guardsmen during a weekend drill. The only example in recent memory occurred when the erring player threw down his last three cards, the ten, king, jack of trump, thinking that all the cards were his. His partner gazed at him with some curiosity, holding as he did the ace, ten, queen of trump in his own hand. Cheating Anyone can manage to shuffle the cards so that the dealer ends up with at least two aces. Real skill is involved when it comes to stacking the deck, where the basic theory is to deal one's opponents hands which are good enough for them to bid high, but which will end up trickless if they lose the bid, or set them if they take it. Very simply the idea is to give yourself as dealer a run in one suit with doubles in ten, king, jack. The opponent on the left gets a bare ace in that suit, your partner gets a nine, and the opponent on the right gets queen, nine. Dealer has four losers, but his partner has an ace for all of them. While having only a bare ace, the left player has lots of meld and isn't worried. The right player is confident, having two aces an lots of points in meld. Actually, every card they lead will either lose to an ace or be trumped, and they will not take a trick. The hardest aspect of using the stacked deck is finagling the other players into accepting cards which they do not remember being shuffled. It is possible to cut the cards however, as long as it is done in multiples of 12. Nota Bene. Do not play with a stacked deck in a bar, or when playing for money. If you try such a stunt you will probably need some false teeth from Liechtenstein. . A new silent partner in the firm. Thecompactcomputersystemde- signed specifically for Ihe needs oF the law office, Barrister/300 provides automaled accounting and management information reporting as well as fast, efficient preparation of typed ma,erial. Barrister/300 is Ihe partner in your firm that can do as much as you want it to do, when you want it done, \ ■ L L .. L X — M H^ A£ . Iα Barrister/300 employs a small powerful central computer right in office which is used simullaneously by typing and accounting stations. Each station is independent of Ihe other and up to ten can be use(j Now all your information, whether it's forms, documents, critical time-slip data or disbursements tnformation, can be stored in one place, corrected end played back in an instant. You've always wanted the benef'ts of ai omputei system but thought you had to settle for a room full of machinery and programmers. Barrisler/300 requires no special installation or wiring. It can be operated by your secretaries trained in youroffice. Barrister/300. Youi new silent partner. We designed it for the law your own Barrister 30a Hltw i S^^V ■HLfl Kγ "rrf" r r HhTT r T~H r H For more Information or a complete presentation oF the A giant 2' by 3' wall poster (as shown above) is here waiting for you. It features the 1971-72 school year calendar with plenty ofspace to write down all your important events. It's our way of getting to know you. Stop in and say "hello" and pick up your free poster. Robert'N. Young "Bob" 197 Delaware Avenue 856-0121 \jf ■ ....a-aaaiaM Barrister/300, call or write: B Mbumuch HI KJCOMPTEK ««MainSlreel II ButTalo, N.Y. 14226 ■PL7I6-839-9730. i th£ northwestern mutual life i»i. «■ insurance company ■ Milwaukee |INIVIL| inc. �February 24, 1972 THE OPINION 11 Ask the Clam DearClam, Three months ago I gave up smoking. I managed to get through all the early stages of withdrawal and even avoided the cancer sticks during examinations. During the wait for the grade results, however, I broke down and 1 am now hooked worse than ever. Do you think 1 have some recourse against those Professors who caused my relapse? Coughing Student Dear Coughing, You certainly have! Withholding of grades is one of the most heinious crimes in our society. I would suggest referring the appropriateparties to the District Attorney. In the meantime, don't let the guilty ones off. Go to their offices every day and complain. Don't give them one minute of peace. This will be sure to make them very tense, and whenit does, offer them a cigarette. Dear Hungry, Don't eat that nisin. Your friend is right. Food manufacturers are only required to list ingredients in the product at the time of packing. Any that grow later go scot free. Dear Clam, 1 am a graduating Senior and am trying to liquidate my assets in preparation for moving.My problem is that 1 have a huge Property text from my Freshman year that 1 can't afford to take with me and I haven't had any luck disposing of. What can I do? Burdoned Dear Burdoned, You are quite fortunate. The market for the text you mentioned has, within recent months, takenan upturn. It is in high demandby farmers who are returning to organic farming because of the high amounts of organic waste Dear Clam, materials contained within it. I wouldsuggest a leakproof having friend and 1 were an argument over a legal bag for transporting it asit probably has already begun to A point. I said that manufacturers of food products had to deteriorate. list all ingredients and he said that there were some exceptions. He then proved his point by giving me a QUESTIONS FOR THE CLAM MAY BE LEFT AT pastry item from the vending machine which had a strange SHIRLEY'S OFFICE OR ASKED DIRECTLY OF THE type of raisin in it. When 1 looked on the label, sure CLAM IN THE LOUNGE. THE CLAMKNOWS ALL!! enough, it wasn't listed. Is he correct or was this just an oversight? Hungry Crossword No. 6 ! A Playhouse in Hesse Jon Kastoff Buy a ticket to a playhouse modern slayhouse for the mind Soul beguiling or deriding golem ushers bump and grind Laisse-moi voir theabbattoir the ruptured dreams and twisted hopes Steppenwolf forgot the lantern audience benighted gropes. — - Locke and Berkeley glower darkly empiricismreason David Hume said gather doom and ruled them out of season Silvered hair and lack of care the fate of growing old Friends once dear all disappear with ever shoulder cold Parents stare at longer hair and ostracize the young Everyone's intolerant andeveryone gets stung I I Wish I was back on the beach within the reach silkstrong arms Better beach than stumbling staring uniformed in Asian farms Watch the waves go roaring madly smashing down the sandy shore Watch the clouds go darkling shredding lofty harbingers of war Lightning glowed then sound exploded thunder sundering the night Wall surrounded life impounded erect protect dissect the light Read the ticket madmen only entrance fee the human mind Harry Haller's magic playhouse for the self-inflicted blind. by Mike Montgomery ACROSS I Home State of 5 Rich Person 10 Liberal Leader Main Place Pharmacy Main Place Mall Phone 852-1967 Weekly Sale Starts Every Wed. Watch for our Leader Ad in the Buffalo Evening News . 20 across 14 Punta Del 15 Ho|e 16. Cooper heroine 17. NYC landmark 18. Certain auths. 19 Wind up. 20 Father of a statesman 23 Falconry term 58. Yesterday (Fr.) 59. Uneven chance (never) 60. 61- Evening item on TV 62. Come in 63. Pout I. Enlace 2. Tennis 33' 34 Hot 35! Owns . Type of plug Ale houses Mary or Barbara follower 40. Farm equipment man 41. Small boat 42. French stars 44. Friend of 47 across An.wer. will star 3. British gun 4. Bounty Hunter, ie. 5. Vitamin 6. Account 7. Idiot (slang) 8. 9. 10. 13. Bargain 21. 1972, ie. 22. Lis 25. Of the nose 27. U.N. name 28. Boxes 29. British river 30. Snubs 31. No-no 32. German city 34. Graf 37. Draftee . 38. Chinese heroes 40. 503 41. N.L. city 43. Sea mammals DOWN 24 French staple 25. Hale Marie 28 One of the 12 tribes 36 37 38. 39. 45. Standoff story (write) 46 47. Eminent jurist 55. This one's 56. Claw 57. Event account by lightning - 44. Sucker 46. Literary form 47. Alden 49. Unicorn fish 49. Duck 50. Merit 51. Mark S2 Sufficient (var) 53 Minor League (abbr.) Jostle 54 R" 11. Ancient symbol 12. Math course .pp««r in the not edition of The Opinion All Right, Rexntd �February 24, 1972 THE OPINION 12 BBulETiN oARd officer to the Associate Provost. FACULTY LEAVES OF ABSENCE Miss Audrey Koscielniak continues as office manager Professor Goldstein will be on leave this semester in and supervisor of secretaries. Questions regarding supplies order to practice in a firm in New York City. He will also and equipment, space allocation and building be away next year as a visiting Professor at Stanford Law maintenance, and secretarial assignments should be Schoolin California. addressed first to her. She will report to the Associate Professors Joyceand Laufer will be on Sabbalicalthis ;Provost on these matters. semester. Mr. Thomas Hurley will be assigned by the University Pending final approval, Professor Donegan will be on Office of Placement to be our placement officer, leave next year to work toward his Doctoral Degree at part-time. He will be available to us two days per week and will take over Pat Taylor's tasks in this area. ColumbiaLaw School. Professor Dannye Hoiley continues as Chairman of * the Minority Students Committee, assisted by Mr. William Hamilton. Professor Wenger, our law librarian, is in charge operations in the law library. of MAIN CAMPUS FILMS A carefully (elected program of international Films many ot which have not Slaved Buffalo prist to this, and others which were here tooshu't a lime. When in one weekend we will run them on alternate days, For nstance, Thuxdayi film is shown again Saturday. Fridays film is repeated on Sunday. This is done to insure that hoth (rims will have matineesand that each be screened Ihe lame amount of nmes. two films ate run can Check the Conference Theater showcase for times of screenings, and purchase Ihc Norton Hall Ticket Office. The weekend film series for legal nckets at easons charged open only to members of the University community. Admission All oihi'i series are open to the public and free is is MONDAYS: A FOCUS ON THE JAPANESE CINEMA An attempt to present a wide selection of Japanese Cinema recently being ■nade available as well as some of the International cIMIiCS which Japanese film makers have created. Films by Kurosawa. Mi!uguch., Oshima. Ozu, and others :reate an I,'xcollrsnl chance lor American audiences to develop new tastes and .indMstandingof an incredibly creative Mm styte. Ffeel Feb 27 PASSION OF ANNA conf. theatei adm.chg. Sweden 99mir Liv Ullmann, Bibi Andersson, Max Yon Sydow, Erland Josephson Feb 28 BAKAMATSU conf. theater free Japan 1970 color/scope 120 mm 3:00 & 8:00 prr Kinnosuke Nakamura, Tatsuya Nakadai. Toshiro Mifune Directed by DAISUKE ITO Action film of a samurai class vs. a new bouigeosise in 19th Century TUESDAYS: A RETROSPECTIVE ON THE AMERICAN FILM: MYTHS & ICONS the development of film literacy in the American cinema, with the creation of heroes, the developmentof genre, and the film as a social artifact. From PUBLIC ENEMY lo BONNIE B. CLYDE In 14 steps. Capen 140 3&6PM FREE' Tiaeing ,, INTERNATIONAL LAW CLUB On Wednesday, February 9, the newly formed International Law Club elected officers and board members. The officers are: George Riedel, President; Ted Orlin, Vice President, Jean Helltnan, Secretary; and Larry Loveday, Treasurer. The five board members, whose function is to act as a steering committee for the club, are: Mark Finklestein, William Buscaglia, Christopher Dix, Gary DiFilippo and John Dick. Other business included a discussion of possible speakers for the Spring Semester, Summer School Abroad Programs, and future events were planned. All members who have.not paid their $2.00 dues are reminded to do so immediately. Dues can be paid to Larry Loveday or George Riedel. I.C D ARDS Japan. capen 140 free Feb 29 SHADOW OF A DOUBT U.S. 1943 b&w 108 mm 3:00&8:00prr THURSDAY NIGHT AT THE MOVIES Tereasa Wright. Joseph Gotten, MacDonald Carey Directedby ALFRED HITCHCOCK Any series with so original a title as This can't he all bad. This semester it Forties Americana which is intertwined with the homocidal story of th( Merry Widow murderer. includes the lost live titles fiom our Horror/Science Fiction series of last fall, five films which to mciiki with the Tuesday American Film Series, and four films by Mar 2 NOTORIOUS capen 140 free that "Master ot Suspense" ;is T.V. calls him,- Alfred Hitchcuck. Also included are U.S. 1946, b&w 102 min7:oo 8.9:00 prr shuits, cartoons, and <i 14 chapter "FLASH GOHDON" seiial presented weekly. Cary Grant. Ingrid Bergman. Claude Rains Canon 140 (ex SPELLBOUND! 7&9 PM FREEI Some nights we may run late so ALFRED HITCHCOCK Directedby il your waiting biMwiieni. (SPELLBOUND. Apr20 is in Dief, 147) An espionage tale of the highest caliber, set in WW2 South America This film contains some of Hitchcock's best suspense sequences, and an The UUAB Film Committee is extremely proud of this semester's filmi unforgettableculmanation. program and we piescni it to you, with the express hope that you have been i effectively represented. ".. .In my opinion, NOTORIOUS is the very quintessence of Hitchcock... "Francois Truffaut Mar 2 MAD DOGS AND ENGLISHMEN conf. theater adm.chg. U.S. 1971 color/4-trk. stereo 114min Joe Cocker. Leon Russel, Rita Coolidge, International Butter Queen. Linnear, Stainton, Claudia Chris Jim Gordon Directedby PIERRE ADIGE More or less a visual album, this film has no other content than th> music. That's actually enough when the music is coming from s> monstrous a band as Mad Dogs. It takes 114 minutesto see all of them Leon Russell plays the devil. In four track STEREOt Mar 3 SOUL TO SOUL conf. theater adm.chg Africa 1971 color/4 trk. stereo 96 mm Wilson Pickett, Ike & Tina Turner, Santana, Roberta Flack, Les McCam & Eddie Harris, The StapleSingers, Voices of East Harlem. pursuant regarding Program Tuesdays charge assistant, Faculty, Taylor Budget join Secretary Campus affairs, requiring standing registration, genera) my operations Staff, Faculty Lochner, Lilly p.m. joint Program assignments (basement) responsibility degree secretary. necessary. by-laws, secretary. Faculty programs. Policy Registrar,Budget Tenure, Committee, They meetings. Program records, initially semester, Dean, may Margaret Giles, Fridays addition, Budget Committee, charged, formerly Program, Campus Program him, Chairman TO: FROM: administrative Provost. in will Pat as assist administer will and academic matters Chairman student his Main at validated noon For Chairman be Foster With assume Professor Charles me to his those ADMINISTRATIVE R.D. Review 3:00 of I.D. from to in of our assistant the of our and will Wallin Hall Schwartz the of students Greiner assistant card and start staff for 8:30 the the to Promotion assist Committees. and continues should as the Nelson. which is the Admissions Professional to as I.D. of will who Students Professor in the in 11:30 attention administrative Review student the the be CARDS the continue an Associate Mr. wish and on ASSIGNMENTS Law as raised a.m. Ms. new admission on the and Committees. Charles Greiner to for Marilla School. and of Professional attend the as student I Sciences an Associate otr will assistant Wallin and Main in is In administrative films will be with continue affairs. the and All or He I validated will continue will became Beilfuss on Provosi area matters student to Officer he from refer Mrs. the and also the will as of ht or a Directedby DENNIS SANDERS With arms outstretchedI Some of America'sbest black musiciansattempt somecultural exchang* with black people in Ghana on that country's 14th anniversary of independence. Mavis Staples and Wilton Pickett stand out as monsters but the entire show is beautiful. Nice and loud in four track stereo. Mar 4 MAD DOGS & ENGLISHMEN Mar 5 SOUL TO SOUL Mar 6 LIVE TODAY, DIE TOMORROW conf. theater free Japan 1971 b&w/scope 120 mm 3:00 & 8:00 pm naijirn Harada, Nobuko Otawa, Kiwko Talchi For those students who wish to attend films on the Main Campus for which an admission is charged, a validated I.D. card is necessary. They may be validated at Foster Hall (basement) on the Main Campus Tuesdays from 8:30 to 11:30 a.m. and off Fridays from noon to 3:00 p.m. AADMINSTVE SSIGNMENTS Directedby KANETOSHINDO Crime drama set in modern day Japan. This film won the First Prize *t 1971 Motcow Film Festival. A WALK IN THE SUN cipen 14; free U.S. 1945 b&w Tl7min 300 &800 pm Dana Andrews, Richard Come. Sterling Holloway. John Ireland With the start of the new semester, I became Directedby LEWIS MILESTONE War story of an American battalion attacking German hideout in Italy. Chairman of the Professional Program Committee, Sensitively directed to evoke human aspects of war. pursuant to Faculty by-laws, and 1 will continue as Mar 9 THE INFORMER capen 140 free Chairman of the Promotion and Tenure, and Budget and formerly Manila Giles, I U.S. 1935 b&w 01 mm 7:00 & 9:00 prr Program Review Committees. Ms. Victor McLaglen,Preston Foster, Wallace Ford in the Policy Sciences Program, assistant administrative Directedby JOHN FORD I Set in Dublin during the 1922 Irish Rebellion, THE INFORMER isthe will join our staff as administrative assistant to the story of Gypo Nolan, who betrays his best friendfor the reward money Provost. on his head in order to escape Ireland with his girl. Gypo however gets Professor Greiner will continue as Associate Provosl Feb24 TWENTIETH CENTURY capen 140 free caught by both guilt and the movement. Shot ona shoestringbudget Law In ht operations the School. addition, in IC, 1934 b&w 93 mm and an 18 day schedule, this is perhaps Ford's most acclaimed film. It in charge of for student affairs. Mrs. John Barrymore, Carole Lombard, floscoe Katns Academy Awards for scenarist Dudley Nichols, Victor McLaglen won general responsibility assume will Directed by HOWARD HAWKS and JohnFord. Professor Greiner in the area of Pat Taylor will assistsecretary. ". .c first rate farce about theatrical personalities, and John Barrymore Mar 9 TRADER HORNEE cunf. theater adm.chg. perhaps the greatest of farceurs...The director, Howard Hawks and was as affairs, student U.S. 1970 color 92 mm represent) the American commercial film at it'sbest-fast unpretentious, Professor Lochner, the Associate Dean, will continue Buddy Pan tsari, Elizabeth Monica, John Alexander, Lisa Grant entertaining, with a sophisticated and hardboiled attitude toward sm he will and Committee, of the Admissions and money."Pauline Kael as Chairman Directedby TSANUSOI The big budget Hollywood porn film is now prettymuch old news with assist me in my assignments on the Professional Program Fob 24■ ■Feb 27 AN (NGMAR BERGMAN FESTIVAL the success of CRY UNCLE, and Russ Meyer's various skin flicks, yet and Budget and Program Review Committees. He will also Feb24 SHAME chg._ conf. theater adm. TRADER HORNEE was on of the earliest of this new and festering administer our joint degree programs. Margaret Beilfuss gender, ah genre. A spoof on the jungle movie it traces the exploits of secretary. Hamilton Hornee, private dick,sent to Africa to find a mining heiress, will be his assistant and Registrar, Budget Officer LivI JlliiMn, Max Yon Sydow, Bibbi Anderton only to discover she's become a White Goddess, and rather enjoying it Wallin continues as Charles meetings. all. Director Ttauidi (a psuedonym for a BIG Hollywood film maker) All matters |Feb 25 HOUR OF THE WOLF conf. theater adm.chg.mm and Secretary to the Faculty has worked loti of steamy sex into the hot jungleatmosphere and Sweden 88 managed to havea nice sense of humor about it as wall. regarding registration, student records, or student Sydow, Erland Josephson Liv Ullmann.Max Yon with him, or TO BE ANNOUNCED* academic standing should be raised initially conf.theiter .dm. chg. MariO Wallin will refer Feb 26 PERSONNA Sweden 81 mm Mar 11 TRADER HORNEE his assistant, Lilly Nelson. Mr. Charles Mar 12 TO BE ANNOUNCED w. Bibbi Anilersion.Liv Ullmann matters requiring the attention of an administrative TO: Faculty, Staff, and Students FROM: R.D. Schwartz Mar 7 , ' I . 1 , , �They shoot students - About The Author Richard J. Rosche is an attorney with the Centerof Justice Through Law and is an active member of the Niagara Frontier Chapter of the New York Civil Liberties Union. He is a graduate of SUNYAB Law School and was active in the Concerned Law Students, the group that organized the investigation which is the subject matter of this report. I. Introduction: On the evening of May 7, 1970, several hundred riot equipped and experienced officers of the Buffalo Police Department confronted students on the State University of New York at Buffalo campus in what was to be the most frightening and violent of all the disorders on that campus. The students were thrown into these intense confrontations by American military incursions into Cambodia and the gruesome slayings at Kent and Jackson State. Policemen, without authority or right, fired shotguns haphazardly into dazed crowds of students wounding several parties. The police struck in fast moving vehicles reminiscent of the guerilla strikes used in the very war the students were protesting. Then, as if these terror tactics were only the preliminaries, a massive police force swept the campus clearing buildings and injuring countless students in its path. In the wake of this police violence a grass roots investigation was launched to discover the facts and gain justice. Several professors, the Niagara Frontier Chapter of the New York Civil Liberties Union, the Student Association, and the Concerned Law Students for Peace began taking eyewitness statements immediately after the These statements, from over 70 unrelated individuals, formed the nucleus of what was event. into an investigation of extensive proportions involving agencies from the local to turned the federal level. This event, the shooting ofunarmed citizens, by police and the fruitless efforts to bring them to justice are the topic of this report. It is presented because it has brought forth several significant conclusions about the relationship between unpopular causes and the "Establishment" of local government. The most obvious fact is that when local accused of misconduct all higher civilian officials, police and prosecutorial agencies are most reluctant to investigate or prosecute. Coupled with the fact that fellow police officers will conceal most police misconduct, it is very difficult for a victim of police misconduct to obtain justice. Perhaps the gravest revelation of this investigation is that the public is most reluctant to believe, let alone urge prosecution, on matters of police misconduct. Thus, in order to obtain public support, concerned parties must turn to the mass media to develop in the public, an awareness of the reality of police misconduct and the dangers it presents to a free democracy. The press, however, is equally reluctant to expose police misconduct. It took masses of evidence and publicity stunts to get this incident police are printed and broadcast. Even with masses of evidence, most of the media did little more than report the story from both sides of the issue. Although this is commendable, the media has a greater obligation when presented with strong evidence of police misconduct. As with other official misconduct, the media should investigate and press for full investigationsand revelations of findings. Only one newspaper, the Buffalo Evening News, had the courage to partially do this and their efforts were marred by very poor reporting and distortions of the reports on the affair. Even this minimal effort was ineffective for as soon as the newness of the story died down, the press ignored the matter leaving the public in ignorance. The media in effect was condoning by acquiescence the police misconduct. The effects of this indifference in the public and on all levels of government give the police a blank check in dealing with unpopular causes. Political and social movements, varying from the norm, face repression and extinction. This is why this story is important; it is a microcosm of the conflict between forces of change and those of government on all levels. Above all, this report is aimed at offering both a critical view of the problem and some suggestion on ways to start alleviating the underlying causes of official misconduct. It was written under the belief that it would contribute to the ultimate solution Equal Justice for All. — 11. Organization: The facts speak for themselves. This is the basic premise of this report. Therefore extensive efforts have been made to present as many supporting documents and pictures as possible. These documents and pictures were obtained from a variety of sources, and originals were not always received. Therefore if the reader wishes to discover the original he must proceed to the source of the document. These documents, pictures and copies of statements of the eyewitnesses are on file with the Erie County Public Library main branch. The body of the report proceeds in logical order. The first section deals with the informal parties in order that the reader be familiar with the parties who initiated the investigation. Next the evidence collected, which is the basis of the report is discussed. The most crucial part of the report, the description of the events of May 7 is developed after the section on the evidence. The second part of the report deals with the official parties infolved in the investigation. This part is essential to an understanding of the official and public response to the shootings. 111. The beginning: Several parties connected with the University community became interested in charges that were circulating on May 8, 1970 about police shooting students. These parties without any central organization began to collect eyewitness accounts almost immediately. The purposes behind these collections varied but most parties collected statements to document the event for some future use or to aid in presenting what they considered to be an accurate picture of what had happened. From these meager beginnings an investigation grew through the summer of 1970 and involved even the U.S. Department of Justice. Initially, the Student Association, Niagara Frontier Chapter of the New York Civil Liberties Union, the University Advocates Office (now defunct), several professors and the Concerned Law Students for Peace all accepted statements but no central purpose or goal was established. The scenario for the conduct of the investigation did not coalesce until mid May 1970 when the law students, including this writer, began to bring together all the statements and evidence. A two pronged approach was decided on, involving a continuing effort to accumulate evidence while attempting to bring prosecutor and police agencies into the investigation. The Civil Liberties Union initiated official involvement when on May 13, 1970, it presented 18 signed statements attesting to the shootings to the Buffalo branch of the F.8.1.1 The New York Civil Liberties Union participation continued until May 10, 1971, when it co-sponsored with the Concerned Law Students for Peace a press conference on theincident.2 The New York Civil Liberties Union during the summer of 1970 aided in contacting the President's Commission on Campus Unrest, and Senator Javits (R-N.Y.). Its offices and staff were always available to the investigation. The State University of New York at Buffalo became involved in various manners. Principally, Acting President Peter Regan and later President Robert Ketter made requests for police investigations and reports. 3 Additionally, through the good graces of the Advocate, Professor Robert Fleming, and his assistants, Norman Effman and Ronald Stein, the law students were supplied with a photocopy machine, an office and photographs. Their personal assistance was instrumental in any accomplishments. The medical department 1. Buffalo Courier Express May 16, 1970, "F.8.1. Given U.B. Evidence; Regan Urges Shotgun Probe." 2. Buffalo Courier Express, May 11, 1971. "Felicetta Doesn't Have F.8.1. Report, He Says." p. 24. 3. Buffalo Evening News. May 15. 1970, "Regan Asks Full Probe on Reports Police Fired Shotguns at Students." Copies of the 78 eyewitness accounts of the May 7 shootings are available at the Erie County Public Library, Downtown Branch in therare book section. Additionalcopies of this report are available for $.25 each by mailing your request to: They Shoot Students Room 214 Norton Hall 3435 Main Street Buffalo, New York 14214 Sub payable Board I, Inc. to Make checks Comments, in writing, wouldbe welcome at the aboveaddress. 13 �provided reports on May 7," and the Association provided other support. Student The Concerned Law Students for Peace of SUNYAB Law School was formed after the United States invasion of Cambodia 1970. A committee of the Concerned Law Students for Peace headed by this writer participated in the investigation eventually becoming the spearhead of the effort which ended in a press conference of May 10, 1971. Several groups including College A, the Advocate, the Student Association, the New York Civil Liberties Union, gathered statements and evidence in the two weeks after May 7. The Concerned Law Students for Peace aided in this effort and after May assumed the bulk of the burden. All the contacts made with the press and any police or prosecuting agency were made by the Concerned Law Students for Peace and the New York Civil Liberties Union. All information and evidence concerning the incident itself, gathered after May was done by the Concerned Law Students for Peace. The result of this was that the only organized effort behind theinformal investigation was that of the Concerned Law Students. At this juncture the Concerned Law Students for Peace must be discussed to fully reveal the makeup of the people behind this investigation. The Concerned Law Students for Peace established a committee of five students to investigate the matter. Two of these fivehad no connections to any of the student disorders. The remaining three were involved in student protest and were sympathetic to student points of view. However, none of these people were present the night of May 7, 1970, on the SUNYAB campus which enabled them to be detached in their treatment of the matter. Additionally, all of these students had been trained as observers for police-public confrontations. Their training emphasized the need to be objective.in any observation or analysis of police or citizen activities. Based on these standards fhe students made every effort to objectively investigate and piece together the story of May 7, 1970. Their basic motive was to see justice done and future incidents of this nature avoided. IV. The evidence It is incumbent upon a writer before the description of the events is presented, to present a detailedaccounting not only of the evidence upon which the story and conclusions are based, but also a description and analysis of the methods of collection and identification of the key participants. The analysis of the evidence is important since the 78 eyewitness statements are of varying degrees of accuracy and reliability. The evidence was accumulated from May to mid-July. The 78 statements were gathered by an intensive campaign by students, the Advocates Office, the New York Civil Liberties Union and Concerned Law Students for Peace urging witnesses to come forward. This was accomplished by personal persuasion, and publicity in the campus media. The medical reports were gathered via the Advocates Office. The physical evidence such as shells, pellets wadding and photos was accumulated as a result of the publicity campaign mentioned above or the initiative of individual witnesses. A packet which contained all of the aforementioned evidence that could be photostated, the photos,' all correspondence of the investigation, and news accounts was prepared early in May. Eventually 25 of these packets were prepared and delivered to all possible investigatory agencies, the press, several congressmen and senators and other interested 4. See Health Report. 5. See photos. 14 believed the whole event was parties. Since the packets were not completed the reports. Critics until mid-July, updating supplementary packets fabricated. There are several factors that indicate were periodically sent out. The result was that all people could have concocted a parties were kept updated on the progress of the that while somethe deponents gave independent story, most of investigation. reports. It is impossible for 78 unrelated The participation of various official parties come together to fabricate such a was accomplished by presenting them with the individuals to plot. Also each person who took the statements information and requesting an investigation. Needless to say, law students do not carry great political weight so whenever possible the media was used to apply additional pressure to those agencies. The collected statements are, of an unprofessional nature and at times leave out important details such as time, and what preceded cross-examined the deponent to assure his accuracy, and reliability. No reports were received that even hinted at fabrication. Some time and facts vary, for example, one student asserted a black police car did the shootings while all other statements describe a white police vehicle. These and other variances would not have been present if an attempt was made to fabricate. The most apparent proof of the described event. However, there are a number of high quality statements. These statements and the essential facts provided in most other reliability is the medical evidence of wounds It is stretching the statements formed a solid basis on which the inflicted by pellets.6 events of May 7 could be accurately imagination to asser students would inflict these reconstructed. wounds on themselves to discredit the police. The use of "birdshot" by the police was Suprisingly, the essential facts were accurately described by most witnesses. It was felt established by various methods. Initially the essential that the time, place, identity of investigators were faced with explicit denials by participants and the use of "birdshot" be Commissioner Fellicetta who said: established by reasonable methods. Time was generally approximated by the witnesses with "Subsequent reports on activities of all commanding officers at the scene were thoroughly studied andno police some individuals being most accurate due to activity on the campus even suggests that such a thing had checking clocks the moment an. incident occurred. Shotgun pellets ammunition was not used or happened. Thus in most cases, the statements possessed by any Buffalo Police Officer assigned there."7 were specific enough to establish the time of the and by Commissioner Blair who added: described event. The identity of the participants, particularly "Absolutely no Buffalo Policemen were carrying shotguns. those who used shotguns, was accurate to the I saw no taw enforcement officer carrying anything butgas point at which witnesses agreed that men in police grenadelaunchers. uniforms and riot gear did the shooting. Identification of vehicles used by the gunners was It was discovered by UPI correspondent Pat also accurate to identification of type of vehicle Slauthery and this writer that the weapons used White station wagon, and special markings, traffic to launch gas on the campus were 12 gauge division shield, "Buffalo Police," "911" and the shotguns with easily detachable adapters' This red bubble top. However, no personal was confirmed by employees of 777e Buffalo Gun identification of the individuals or the license Shop who sold the weapons to the Buffalo Police. plate numbers was had. It is easy to believe that Despite these denials of the use of shotgun individuals would be almost impossible to identify ammo, two associate University Advocates, since they wore gas masksand riot gear but it is Ronald Stein and Norman Effman signed difficult to understand why no license plate statements that said: numbers were taken. The only explanation is that people did not think of it and were too afraid for "On the evening of May 7, 1970, between 9:45 and 10:30 while listening to theBuffalo Police over a police radio in their lives to worry about it. Accuracy is almost secondary to the our possession, we heard a request from a policeman on duty in the University area forbuckshot. Thisrequest was '* — credibility of the deponents. Throughout the investigation critics have asserted that the statements, since they were made essentially by University related personnel, could not be relied on. Impljcit in this assertion is an attack on the credibility of the students and faculty who made 6. See page 3, columns 1 and 2. 7. Buffalo Evening News, May 15, 1970, "Regan Asks Futl Probe on Reports Police Fired Shotguns at Students." 8. UPI, June 4, 1970, "Evidence in Survey Ties Police to U.B. Campus Gunfire." 9. (bid. �made from the policeman to the dispatcher. Further the asked that the cartridges be delivered to the intersection of Main Street and Niagara Falls request Boulevard."" 1 That same night, Mr. Louis Starr heard the police dispatcher order all units to cease fire by order of the deputy commissioner. That part of the response that was heard contained the word "birdshot". 1 ' It must be noted that even if birdshot ammo or shotguns were not issued officially it would not preclude individual officers from using their personal supply and weapons. Witnesses describing the events were able to identify the use of live ammunition as opposed to blanks or gas canisters by numerous methods. Most individuals stated they had become accustomed to the dull thump of a gas grenade being launched. This they contrasted with a much louder bang that came from the guns during the shootings. 12 Reinforcing this audible identification was visual evidence, barrels that had no canister or attachment on the end of the barrel. Most individuals also heard a whizzing noise go over their heads, 13 were hit with metal pellets, recovered metal pellets, saw glass or stone splatter 14 or saw individuals hit and bleeding ,5 The most reliable identification came from hunters or veterans all of whom explicitly identified the use of birdshotand the direction of the shot." Spent 12 guage shells-Remmington and Webster super Mark 5-birdshot were discovered around Norton and Foster Halls on May 8 by Messrs. R. Silverstein and S. Lazoritz 1 who . ' writer and then transferred to the F. 8.1., having been recovered immediately after the shootings from Norton Hall by several witnesses.20 The windows above the Tower entrance to Norton Union2 were perforated with pellets which were removed and sent to the F.8.1. The most disturbing evidence of a shotgun assault were the people wounded.22 Several individuals who signed statements reported they were hit with pellets.23 Nine individuals of the group received wounds that drew blood. Additionally, medical reports from E. J. ' Memorial Hospital, Buffalo General Hospital,.University Health Services and Dr. Jacob Lampert indicate students were treated for birdshot wounds. Dr. Robert Wilbee of Meyer Meyer Memorial Hospital reported that three individuals were treated for wounds which were positively identified as the result of birdshot, two of the people still having pellets in their body. He stated: "In my opinion, this information would clearly corroborate the contention that shotguns were fired at ' students during the disturbances. a 4 Dr. Paul Hoffman of the University Health Services stated that about 11 students were treated for wounds that had "substantious nodules" in them and numerous others were treated for wounds that may have been caused by shotgun pellets.2 s David Smith, a student, whoasserted he was by Norman Effman and Ronald Stein, number 69. 11. Statement by Louis Starr, number 50. 12. Statement numbers 8. 21 and 37. 13. Statement numbers 9, 11 and 32. 14. Statement number 48. 15. Statement numbers 16 and 26A. 16. Statement numbers 25, 74 and 78. 17. Statement number 43. 18. Buffalo Evening News. May 11, 1971, "Justice Department AideSays F..8.1. Tested Police Guns," p. 1. 19. Statement number 5. 10. Statements Buffalo with a massive and spontaneous march from SUNYAB to downtown Buffalo of 5,000 students. Later thousands gathered on Main Street in front of SUNYAB and marched to Bennett High School where a blockade of railroad ties was built on Main Street and burned. The intensity of the confrontations grew with each day. The students attempted to occupy and cut traffic off on Main Street. The police responded with several gas barrages and assaults. On May 6 the students were using stones to bombard the police and on one occasion a policeman in a gas launching car was hit in the chest and severely injured by the assault. Police inflicted numerous casualties of their own. May 7 dawned quietly with little activity all day. The events started in the evening. A meeting was held in Haas Lounge of Norton Union from 7:30 p.m. until about 10 p.m. The meeting centered on a discussion with the high school vigilante leaders about war and reasons for student opposition and fear of police. It must be that these had vigilantes noted been attacking University students on previous nights. The result of the discussion was that the vigilantes (40 people at the Red Barn) and the University students allied themselves to each other. The meeting ended at 10 p.m. The crowd, now numbering about 2,000, without leadership, spontaneously started to file out of the Union on the Fountain side. They moved between Foster and its annex toward the Red Barn restaurant on Main Street. When they reached Main Street, the entire crowd occupied the street from curb to curb facing the University Plaza. The high school vigilantes joined the front of the crowd which was made up of many high school students. The crowd slowly began to march toward the University Plaza. Until this time, there was no damage or assaults or any acts of violence by the crowd. A black and white Buffalo poiice sedan drove down Main from the Univeristy Plaza toward the front of the crowd, made a U-turn and retreated. The crowd, particularly high school age individuals out front, chased and chanted after the car. The crowd stretched from curb to curb from the Red Bard to the Ford Dealer on Main one of the wounded26 supplied the investigation with the most substantial proof of being wounded. David's doctor, Dr. Lampert, discovered a metallic object in David's forehead by probing and x-ray (viewed by this writer).2 7 The object was removed by surgery at Buffalo General Hospital and the hospital record states buckshot was removed from his head. 2 This evidence was turned over to the police who interrogated David Smith at great length. Thus, the evidence clearly established that Shotguns, loaded with birdshot were fired at students on the night of May 7, 1970. Eyewitnesses further established that the shootings were done by uniformed Buffalo policemen on foot or in clearly marked police vehicles. These eyewitnesses by their statement enabled the Concerned Law Students for Peace to develop the following descriptions of events of Street. the night of May 7, 1970. Sheriff's deputies in riot gear were forming on the western side of the University Plaza. They began to move back toward the Bailey side of the V. The facts of May 7, 1970 The events of May 7, 1970 must be placed in Plaza. Tear gas was launched into the crowd at the proper perspective. The salient causes of the this moment. Simultaneously the Buffalo Police disruptions of May were the American incursion (who were hidden behind the arches on University into Cambodia which happened in early May and Avenue and Main Street) launched tear gas and the slaying of students during anti-war moved after the crowd, coming through the Main Street parking lot and moving in the direction of demonstrations at Kent and Jackson State. The disruptions at SUNYAB additionally Baird Hall. The crowd was caught in a pincers. were based on disruptions in February-March The Sheriff's deputies stopped at the Main Street centering on local as welt as national issues. These parking lot but the Buffalo police kept running earlier disruptions involved thousands of students after the crowd. They halted by the service road with almost 400 Buffalo policemen in sometimes running between Baird Hall and the nearest bloody confrontation. The police were, therefore, dormitory. Several students were brutally prepared for the activities in May both tactically apprehended, beaten and arrested in this charge. Gas filled the area for almost a half hour. The and psychologically. Students had also learned from the earlier students took refuge in the dorms (Tower and experiences. The excessive violence of the May others). The shooting incidents occurred after confrontations may be attributed in part to the this. The police had re-assembled at about 11 earlier test and conflict. The geographical references in the following pages can be put in p.m. in a line that stretched from Diefendorf Hall proper perspective by consulting the SUNYAB to in front of Hayes. Students re-assembled outside of Cooke Hall and a small group of about map. The May activites had commenced several 100 moved toward the police line taunting and throwing projectiles. The police line moved forward again and fired tear gas, beating and 20. Statement numbers 12 and 48. arresting as they came. The extent of this 21. See Pic E. 22. See Pic A. penetration is unclear. 23. Statement numbers 11, 12, 17, 18, 26, 35,45, 49, 53 and 62. The actual shooting incidents numbered 24. See Health Report. about seven distinct occurrences. The following 25. Ibid. 26. Statement number 14; commentary was reconstructed out of the over 70 27. See Health Report. eyewitness statements gathered by the 28. Ibid. " PIC A: This photo was taken about midnight May 7,1970, of an individual who claimed to have been wounded by police fire (birdshot). The individual was treated in Norton Union at a temporary medical aid station but could not be identified. presented them to the F.8.1. These shells were tested in March of 1971 by the F.8.1, against the 108 shotguns in the Buffalo Police Arsenal. It was determined that those shells were not fired by those official shotguns." It remains open, however, that private weapons were used or that other shells were used in the police weapons. Shotgun wadding with pellet imprints on it was found by two students near Norton Union." Numerous metal pellets were presented to this days earlier in 15 �Other witnesses substantially agreed with this description of the event adding only that others were wounded and a second or third shot 34 That same may have been ffired. vehicle then proceeded to the Tower side of Norton Hall where the second major incident occurred. 2. Norton Hall incident) - Tower side incident (1 The white station wagon that did the side of Norton Hall proceeded back between Norton and Foster Hall and Foster Annex toward the Tower side of Norton Hall. The event that was witnessed by the most people then occurred. This station wagon, driving on the sidewalk between Norton and Foster Annex, came out onto the road on the Tower side of Norton, turned southeast slowing in front of the Norton steps and fired a shotgun into Norton Hall shattering several panes of glass above the entrance and wounding students. Numerous witnesses saw that the vehicle was a white station wagon marked with the letters "Traffic Division"; "911"; "Buffalo Police" and a green shield and topped with a red bubble light. Most witnesses indicated seeing three uniformed men in the front and rear seats and several saw the PIC B: This is a photo ofthe vehicle that did the shooting on the fountain side ofNorton Union. The photographerstated driver with a blue helmet face shield and gas that he saw the vehiclecircle the fountainand on one pass he heard a report from the direction of the vehicle without any mask. teargas suiting. He saw the vehicle thenleave the area hy riding out on the sidewalk between Norton and Foster Halls. The shooting itself happened in this manner. Other ttports confirm this observationbecause several of these witnesses saw the shotgun and/or were hit with pellets. The vehicle came onto the main road from the This same vehicle proceeded to the Tower side of Norton and fired the shotguns that wounded several people and sidewalk, turned in front of Norton Hall and punctured the windows in the Norton doorway. stopped. A few witnesses saw stones thrown at investigation. Each section reflects, as accurately The cars were identified as Buffalo Police the vehicle but there was no substantial or as possible, the description of the event given by with at least two men in blue coats in each. The damaging barrage. One witness described the all the eyewitnesses. The most accurate shots were fired when the vehicles were directly in event as follows: front of Norton steps. The statements did not description is the Norton Hall incidents numbers "I then went out into the porch and started to walk indicate in what direction the shots were fired, 1 and 2 because the largest number of people Norton. I doubted that a shooting had taken place anO but they did indicate the shots were fired, at least to witnessed those actions. Where possible theactual trying to find out what was happening. was one from each vehicle, from the right side of the statement of a witness is presented for full review. As I stood there on the sidewalk I saw a man with a Moreover, all the eyewitness statements are on file car through the windows. Several students were blue helmet and p dark jacket where the white station shootings on the Fountain - with the Erie County Public Library Downtown Branch. The shootings started at about 10:45 p.m. and continued until about midnight. They occurred in the following chronological order;-'' (1) Norton Hall-Fountain Side 10:46—11:15 p.m. (3 incidents) (2) Norton Hall-Tower Side -11 p.m. (3) Main Street-Front Lawn -11:15 p.m. - (4) Foster Hall 11:30 p.m. (5) .Lockwood "Library" Loop I. Norton Hall incidents) — — - II:30 p.m. fountain side incidents (3 The earliest incident occurred as a group of students gathered on the steps on the fountain side of Norton Halt. One individual described the event as follows: started to run up the stairs in front of Lockwood Library. Upon turning left and heading toward Norton Union, I stopped because the police had stopped up in the Hayes Hall Area. Then suddenly two police cars approached from the back of Lockwood Library with their lights turned on high beams. The second car turnedoff his lights. Upon turning to see what the police were doing I first noticed for sure that they were both police squad cars because of the "911" stenciled on the doors on both cars. Then I saw the front windows roll down [in the first car] and a shotgun started firing. Then I hit the ground and when I looked up the police were gone. Moments later in the back of Norton Union I felt a slight pain in my right shin. Upon lookingat my leg there was blood coming from a small cut which hadn't been there before. I therefore been hit by one of the pellets concluded that I must have 3 from the shotgun blasts. " ° "/ Combi n i ng this statement with other commentaries it can be concluded that two white police station wagons, with bright lights on, sped from between Harriman and Lockwood Library and the Norton Hall steps around the fountain and back from where they had come. 29. See Map. 30. Statement number 18. 16 injured.3 ' wagon had been. I can't recall if the man was standing One individual, David Smith, who was outside of or in the white vehicle. I saw the upperpart of wounded gave a statement that indicated that a his body. He was holding a shotgun(I have had experience short time later, but before 11, another police with shotguns and feel I can identifyonej which he held the horizontal position. I then heard a vehicle, black and with four police in it, came slightly aboveand shotgun blast saw a flash from the end of the muzzle. from between Foster and Lockwood Library and There was no gas attachment on the weapon and no gas shot at students from the driver's side hitting resulted. As I turned to run I recall thathe cocked the several on the steps of Norton. Since this is the weapon with a pumping action. I then noticed the front only statement of this event it is possible David fenderof the white vehicle. I ran into the Tower dorm. "3 5 Immediately most witnesses heard and saw described an event that will be discussed later.3 2 Hall entrance Later, other cars passed the fountain side of the windows above the Norton 36 The policeman Norton Hall. Students, in response, at about 11 shattered while no gas resulted. p.m. barricaded all the entrances to the fountain then entered the vehicle, and it sped off in the area except the sidewalk between Foster and direction of the Harriman Library area. Several Norton Halls. Then ensued an incident witnessed students were hit or wounded. Also pellets were 37 by many people which was described by one recovered from under the perforated window. The F. 8.1, received several of these pellets and witness as follows: every one of the shattered or perforated '"/... a student at SUNYAB, at approximately 11 saw a Buffalo Police car enter the rear area of Norton Union. This car was white and on the side doors was an insignia with wings and the words, 'Buffalo Police.'Below the insignia were the words 'Traffic Division.' This car entered the area between Foster Hall and Foster Annex and proceeded into the quadrangle fountain area. From my position, on the steps of Norton Hall facing the quadrangle and fountain, I saw this police car with three men inside, one I am positive was wearing a uniform. The car proceeded into the quadrangle area and finding the exit between Lockwood Library and Foster Hall blocked, turned around and made a pass,by the fountain, turned again and went back, turned and made another pass by the fountain. On the second pass by the fountain the man in theback seat put a gun out of the rear window and fired into the crowd of about 40 people on the rear steps jof Norton Union. I put my gloved hands over my face and felt pellets strike them. The car then exited the area between Foster Half and Foster Annex. I saw two (2) windows.3 8 The students, as a result of these assaults, became frightened and apparently in a slight state of shock." The last reported act of student violence happened prior to the above incidents when a Buffalo Tactical Patrol car entered the road on the Tower side of Norton Hall. The vehicle was caught in the barricades erected there and severly stoned with heavy damage. The occupants escaped without apparent injury. Several other incidents occurred after this assault and the aforementioned shootings. - 3. Main Street front lawn incidents: Between 11:15 and 11:45 p.m., students ventured out onto the lawn in front of Foster and Crosby Halls. About 90 yards from Main Street people who were shot by the pellets and found many several sharp shotgun blasts were heard coming pellets on the ground. These pellets were flattened from from Main street and a line of policemen. One striking the wall and the ones that were still in tact were person described it as follows: small round objects. These pellets were picked up by students."33 31.Statement numbers 2, 9, 18 and 45. 32. Statement number 14. 33. Statement number 12. 34.Statement numbers 4, 9, 11,21, 27, 34, 65, 68, 73, 74 and 77 35.Statement number 78. 36. See Pic E. 37. Statement numbers 1,3, 10, 16, 19,33, 42, 47, 49 and 67. 38. Sea page 8, column 2. 39. Statement number 72. �"People were walking down toward Main Street in front of Hayes Hall. The police were across the street in force, spread down Main Street massed in front of the church at the corner of Main and Niagara Falls Blvd. Taunts were coming from the crowds toward the police. The advancement of kids stopped about halfway between Hayes and Main Street. The taunts went on for a while. Suddenly canisters of tear gas, only a few at first, then some sort of explosive devices exploded down the straightaway. Flares of high intensity were shot into the air. Thepolice then startedacross the streetadvancing in a solid line parallel to Crosby and Hayes Halls. The flares were about three quarters of the way up the lawn from Main Street. Kids started to turn and run. When I was almost to the street in front ofHayes, I turned andlooked back to see what was happening. A kid was running up from Main Street toward me. He was about s—B yards away. Suddenly a blast, not that of gas, but that of gunshot. Thekid faltered and then fell. He then got up and started limping. I ran to his assistance and was going to attempt to carry him on my shoulders. I leaned over toward him and another shot (gun blast) rang out. Both of us were hit and fell to the ground got up and limped away ...We went to Meyer Memorial Hospital and I was x-rayed and found to have three pellets in my 4 body... " ° One ex-GI identified from military experience the direction of the shots the police on Main Street and another was close enough to observe the individual who fired the shots. He was a policeman."' — 4. Foster Hall incident The police had formed a line running perpendicular to Main Street on the Lockwood Annex side of Hayes Hall. Apparently that detachment stayed in that area from about 10:30 midnight. At 11:30 p.m. at least three separate shots were fired by those police at students. One student was hit while standing by the eastern corner of Foster Hall. The witnesses asserted that - ! approximately 150 people in back of Foster Hall. We were facing Hayes Hall, because approximately a dozen police officers could be seen in the vicinity of that building. I heard a shot fired from the direction of Hayes Hall, and birdshot go through the trees that I was standing under. beatings, gassings and shootings by the Buffalo Police. There was very little provocation on the part of the students. The initial confrontation on Main Street happened and ended so quickly that yards About five from me one youth was hit in the hand there was no time for students who were fleeing with a pellet and the hand was bleeding. Since I have been to react. an avid hunter over the past five years, I consider myself A similar patter followed during the evening correct about where the shot was fired from,and that it with students being attacked and being incapable was birdshot that was fired. 'A * of any response due to the ferocity and speed of 5. Lockwood Library "loop" incident the police actions. Students did set up barricades This incident may have involved two in one incident, stoned a police car and used force different type vehicles at about 11:30. Students in individual and group confrontations and had been on the front lawn by Main Street and arrests. Generally, police action could be the police had used gas to disperse the crowd. At characterized as brutal, unnecessary and least one student threw a canister back at police unprovoked. lines. While the crowd was retreating toward Foster Hall a white station wagon and a black VI. The official response: police car both identified as having markings and The violent May days of 1970 served as red buble lights on top at different times fired fertile ground from which sprang a grass roots shotguns, without gas, wounding with pellets investigation into the turbulent events of May 7. several in the crowd. The white station wagon Armed with a mass of eyewitness accounts and fired several shots while driving toward Main evidence, the Law Students for Peace Concerned Street on the campus road running from behind and New York Civil Liberties Union spurred local, Foster and Crosby Halls to Main Street. The black state and federal agencies into what was popularly car fired while in the library loop. The witnesses called the "Birdshot Investigation." Eventually, did not state the direction .from which these the following agencies and individuals became vehicles approached. Additionally, those who directly involved: the City of Buffalo, the District witnessed the white station wagon" ! did not see Attorney of Erie County, the governor and State the black car46 and vice versa. Thus the two Police of New York, two United States senators occurred incidents a short time apart. and congressmen, the President's Commission on Campus Unrest, the F.8.1, and the United States The remainder of the day Justice Department. The Buffalo Police at about midnight converged in large numbers on Norton Hall and then on Tower and Cooke dormitories. Norton Hall was gassed and windows broken by police in the process. Eventually the entire Norton Union was filled with gas. Most student occupants fled PIC C: This photo was taken on the SUNYAB Main St. campus on May 7, 1970. It is a picture of a Buffalo Police station wagon which at the time of this picture was chasing students in the direction of Foster Hall. It is not certain that this did any shooting. the shots came from the police line and that to Tower and Cooke dormitories. The police followed and formed on theroad between Norton pellets were embedded in his coat.42 Another student standing by the Lockwood Loop was hit and Tower. Gas was used on the dormitories and spotlights continually raked the windows of the by pellets from weapons fired by two uniformed dormitories. The.situation was so tense that the police with riot helmets from behind Hayes 43 The in the buildings felt that the police were of was 150 students students group main Hall. standing right by the foot of the Lockwood about to assault the dormitories. After awhile the police left and no other incidents of significance Library steps. A hunter witnessed the incident occurred that evening. and gave this description: "At approximately 11:30 p.m., Thursday night May 7, 1970, I was standing in the midst of a crowd of Summary May 7 was a 40. Statement number 26. 41. Statement numbers 24 end 26. 42. Statement numbers 32 and 66. 43. Statement number 30. 44. Statement number 25. 45. Statement numbers 13 and 20. 46. Statement numbers 21 and 35. violent day filled with many Despite the massive involvement of the aforementioned agencies and individuals, little effort was exerted toward finding and prosecuting those responsible for the shootings. At the very best, cureory investigations were conducted, while at the worst several agencies attempted to whitewash the event. Perhaps it is this part of the report that is most significant, ft is dangerous to have policemen taking the law into their own hands but it is intolerable to have every agency from the Justice Department on down deliberately or negligently covering the matter over. A democracy that cherishes individual liberty so highly will not last if the very defenders of this liberty are allowed to go unpunished for crimes against its citizens. Before the separate actions of each agency are considered, it is important to know why each agency was involved. The reader will then be able to follow the actions of the agencies in a more informed manner. The primary objective of the Concerned Law Students and the Civil Liberties Union was to bring those responsible for the shootings to justice. Therefore, some agency that would prosecute the matter to its fullest had to be contacted. The Concerned Law Studentsand Civil Liberties Union felt that as many public office holders and agencies as possible should be involved to guarantee the best of efforts. However, because the local authorities, the City of Buffalo and the Erie County D.A. have always been lax in these matters, powers above the county level were the prime targets.47 Additionally, the evidence compiled by the Concerned Law Students and Civil Liberties Union was deficient in one important respect the evidence did not identify the specific individuals who did the shootings. It was critical, then, that the agencies with the capabilities of discovering the responsible policemen, be involved. The F.8.1, and Justic Department had resources within and out of the Buffalo Police Department and the power to summon a Federal Grand Jury, all of which could have discovered the responsible policemen. Similarly the state and Erie County District Attorney had like resources available. All of these parties could have — 47. Frustration, Politics and the AHentown Incident, Stephen R. Chamberlain et al., 1971, p. 72. 17 �discovered more eyewitnesses to the event with a minimalamount of effort. The various agencies became involved under either a law or a regulationthey were supposed to enforce. These laws and regulations, which were violated by the police, also give an accurate picture of the seriousness of the shootings of May 7, 1970. The basic law violated on the state level, and enforceable by an agency of the City of Buffalo, County of Erie and the State of New York, was the New York State Penal Law Sections 120.00 Assault in the Third Degree, 120.05 Assault in the Second Degree and 120.10 Assault in the First Degree. The basic elements of these crimes are intent or criminally negligent acts that are intended to and do cause physical injury to another. The most serious is Assault 1, since it involves assault with a deadly weapon. The facts of May 7 clearly indicated an assault of this nature occurred. There are defenses to an assault charge which, if present, would legitimize the police assaults. The Penal Law allows a person to defend his property, Section 35.20, his person, 35.15 and if he is a police officer to use reasonable force to make an arrest. None of these defenses were available to the police since they were attacking students without proper cause. There were no arrests being made, no property threatened, and no lives or persons being threatened by the students. Additionally, deadly force, such as shotguns, couldn't be used unless the students were using deadly physical force. 4 8 There were no reports of student force of this nature. Discipline in a para-military force such as a police department is most efficient if it is maintained from within. The Buffalo Police Department has this procedure available to it but did not utilize it. Article 3, Section 30 of the New York Public Officers Law automatically creates a vacancy in an officer's position if he is convicted of a felony. This procedure could only be effective if the officer were convicted of assault. Article XII of the Police Contract with the City of Buffalo entiled Discipline and Discharge allows the Department of Police to discipline a man for misconduct by dismissing or fining him. At the very least orders of the commissioner were disobeyed, thus the offending police could have been dealt with by thePolice Department. Federal authorities operated under Chapter 18, Section 241 of the U.S. Code which outlaws conspiracies by persons to injure, oppress, threaten, or intimidate another in the exercise of a right given by the Constitution or Laws of the United States. This could be a valuable tool, for conspiracy involves proving only an agreement and an act toward its fulfillment. There was obviously an agreement and act by a few poiicement to intimidate and injure students as they attempted to exercise their right to assemble and live their lives. It must be noted that many students were not engaged in violent acts but were merely expressing their discontent with American War policy. These are the tools available to the agencies. Now examine what was done with this vast array. Later, in the interview he revealed a disturbing attitude that the civilian branch of the government should not be involved. When asked if he or the police had seen any of the eyewitness accounts of the incident he responded: - Another example of Mayor Sedita's total lack of concern with police matters he has a legal duty to supervise, was the shake-up of the Buffalo Narcotics Squad due to misconduct of its members. The mayor was unaware that any shake-up was happening and stated: 18 (2) a. 57 The Commissioner, cleared his department. however, admitted to the Buffalo Evening News "The police commissioneris running the department. had department heads run their departments.' The police department and Commissioner Felicetta upon whom the mayor placed all power, denied any police involvement immediately afterwards on May 8 and later on May 15, 1970 in the Buffalo Evening News. A similar denial was made by Deputy Commissioner Blair who stated in .a UPI story of June 5, 1970 that: "Absolutely no Buffalo policemen were carrying shotguns. I saw no law enforcement officer carrying anything but gas grenade launchers." s ° As was noted by UPI, however, the gas launchers were shotguns. Although there was an obvious reluctance on the command structures part to admit even a possibility of misconduct, an investigation of unknown depth and duration was conducted by some members of the Police Department. David Smiths stated to this writer, and this was confirmed by his parents, that a lieutenant .and other uniformed police had interviewed David on the matter in early June. They came in response to his reporting his wound to the local precinct no. 16. Their efforts lasted over two hours and they tried every means to discredit his story. On June 19 a police lieutenant received from Buffalo General Hospital a metal pellet extracted from This writer interviewd David's head. 52 Commissioner Blair on December 28, 1971, about this investigation. Blair would not open his files for inspection but did answer some questions. He confirmed that the department had conducted its own investigation interviewing both police and citizens and looking for physical evidence. He concluded that none of his men were involved. When asked if he believed if policemen would bear witness against fellow policemen if they did shoot, he said yes. He would not or could not think of a time that this had been done before. Additionally, despite the availability of over 70 eyewitnesses, only David Smith was interviewed. It was obvious the Buffalo police were not after the truth, but a coverup. ' Official desires to clear the police 49. Buffalo Evening News, December 1, 1971, "Sedita Unaware of Shakeup," p. 1. 50. UPI, June 4, 1970, "Evidence in Survey Ties Police to U.B. Campus Gunfire." 51. Statement number 14. 52. See Health Report. 48. New York State Penal Code, Section 35.15 ~ I always "Well, we feel that the Justice Department is involved, theDistrict Attorney and the state we would only get in the way." - result was that a news story was printed and broadcast claiming the55F.8.1, had cleared the This was untrue.56 police in the matter. Apparently, what that official was try was to show that a very ambiguous report clearer his department. ~ department of the charges by any means became obvious in May 1971, nine months after the previous public discussion on the matter. The F.8.1, had conducted tests on the Buffalo Police the matter he replied: 53 That Buffalo News official told this to reporter Mike Benevento. The News distorted the 54 report out of proportion to the truth. The "/ don't now. I can tell you that there was a time when I would get myself Involved in police work and there were some accusations of politics in the Police Department, and while under the charter, I am responsible for law and order in this city, I have left it to the Commissioner Felicetta returned to Buffalo professionals the commissioner and his inspectors and the deputies around him to run the Police Department and and said to the Courier Express on the morning of May 11, 1971, that he knew of no report that thus far in my opinion they are doing a fine job." The City of Buffalo: Little effort was expended on Mayor Sedita or the Police Department since previous experience had shown that they ignored efforts to ex"pose police misconduct. These expectations were confirmed in an interview with Mayor Sedita by WBEN-TV in July of 1970. When asked why the city was not conducting an investigation into 1) town. Commissioner Felicettathewas out ofEvening shotguns and the shells found on the SUNYAB campus in March 1971. It was determined that those shells were not fired from official weapons. This information was conveyed to a high police official, possibly Commissioner Blair, since the tests were run and showed weapons were not fired on the in the There was confusion but an obvious attempt had been that evening that only that official campus.5. department made to take some public pressure off the Police Department.5 9 The civilian officials of the city government, although responsible for law and order in the city, washed their hands of the matter. The police officials not only denied that the incident happened but aided in misleading the public. An investigation was conducted but its objective was more to discredit eyewitnesses than to make an objective report. The authors of Frustration, Politics and the Allentown Incident, the story of the Allentown Riot, drew similar conclusions about that incident. A wall of silenceby city officials helped defeat efforts toward resolution of the matter.* 0 The City of Buffalo could not be counted on to bring its own to justice. 2) The Erie County District Attorney: The law students, based on the opinions of several New York Civil Liberties Union attorneys, believed that like the City of Buffalo, any efforts made to involve the District Attorney would be fruitless. Nevertheless, Mr. Joseph Lentini of WGR-TV suggested that we should approach the D.A. before his station would consider bradcasting any program on the investigation. The Concerned Law Students for Peace reconsidered approaching Mr. Dillon and decided to capitalize on the meeting by calling a press conference to further expose the affair. 53. Buffalo Evening News, May 11, 1971, "Justice Department Aid Says F.8.1. Tested Police Guns," p. 1. 54. See page 8, column 3. 55. Buffalo Evening News, May 4, 1971, "Policß Cleared by F. 8.1, of Firing at U.B. Students," p. 1. 56. See page 8, column 3. 57. Buffalo Courier Express, May 11, 1971, "Felicetta Doesn't Have F.8.1. Report, He Says," p. 25. 58. Buffalo Evening News, Msy 11, 1971, "Justice Department Aid Says r.8.1. Tested Police Guns," p. 1. 59. See page 10, columns 2 and 3. 60. Frustration, Politics and the Allentown Incident, p. 32-37. �This writer and Mr. Effman of the Advocate's Office, SUNYAB, along with two other students met with Mr. Dillon on June 9, 1970. The group presented him with 30 eyewitness statements and additional information. He was urged to examine the information contained in the aforementioned packet.6 The results of this meeting were limited. The press conference gained wide publicity that greatly increased the investigation's contact with the public. However, when the Concerned Law Students for Peace and Civil Liberties Union made their report to the public in September 1970, Mr. Dillon in response to a request for a full report ' to also present the governor with the packet of information concerning May 7 and request a state investigation. The governor consented to the state involvement promising an investigation. Mr. Jerry Wolfgang, assistant to the governor was to be the liaison man.6 3 Detective J.D. Steinmetz of the New York State Police Troop A was sent to this writer's home by the governor to investigate the matter in late May. He was supplied with all the information available but he warned the Concerned Law Students for Peace not to expect too much since the F.8.1, had all the physical evidence. Detective Steinmetz submitted his wrote: report and information to Albany where it was given to Howard Shapero of the governor's staff. "/have fully reviewedall of the documents furnished Detective Steinmetz was ordered to try and me at the time of our meeting on June 9, 1970... In addition, thereto, I have reviewed reports of the Buffalo obtain additional information and on June 4 Police Departmentrelating to events on the same dateand called on this writer. He was given new I have spoken with representatives of the New York State information including new medical reports. This Police and the Federal Bureau of Investigation. was forwarded to Albany. This writer visited Mr. It is my judgment that based upon everything which Steinmetz in late June to give him a final packet has been made available to me up to this time, I have insufficient basis for the presentation of this matter to a of information. The detective told this writer that Grand Jury. However, if the law enforcement agencies it was all in Albany's hands. He also expressed a inquiring into the events of May 7, 1970, develop any desire to personally continue his own additional information not heretofore, madeavailable to investigation but said he could not without orders 2 me, I willbe pleased to review the same. "* from Albany. Those orders never came. The press conference of September was held It is apparent that although some police to allow all agencies to report their findings. A agencies were contacted by the D.A., no witnesses letter was sent to the governor care of Mr. to the event were sought out or interviewed. The Wolfgang asking their participation. The substance burden was placed on the Concerned Law of their response reads: Students for Peace to develop a case strong 'The unavailability of the physical evidence necessary enough to go the the Grand Jury. This situation is to a complete investigation combined with the lapse of highly unusual since it is not incumbent upon a the events in question and the request for a timebetween citizens group to investigate criminal matters to inquiry severely hampered the investigative efforts of this degree. The information and names provided state the State Police and perforce rendered them highly by the Concerned Law Students for Peace were inconclusive. more than sufficient to start a full investigation. All information developed during the course of the State Police Investigation is also in the possession of the Additionally, the police themselves could have County District Attorney, who together with the Erie been dealt with either by the D.A. or an ascertaining Grand Jury which could have police and discovered individual participants in the shooting. investigating questioned In contrastto this, the hold over 1970 March Grand Jury of Erie County investigating campus disturbances without any aid from a citizens group investigated and questioned numerous students and faculty. The jury searched into every possible area of student activity whether it had a connection to crime or not. The intensive investigatory effort that went into this probe was conducted by Grand Jury bears primary responsibility for the existence ofwrongdoing in Erie County. All further action in this matter must come from local or federalauthorities. "64 appeared about a week later. There was sufficient time for the State Police to pick up the case since most of the witnesses were available into early June. Additionally, to this writer's knowledge, no witnesses were ever interviewed by the State Police and Mr. Steinmetz, as late as the end of June, said he wanted to continue but no orders were received. This indicates that the state believed it was a local matter and that there was never any intention to pursue this effort to the end. The state, at most, became involved just to the point at which it could say it took some action but did nothing to see the matter to its logical end the discovery and prosecution of those responsible for the shootings. The state failed in its duty to protect its citizenswhen local government fails. — 4) Congress The law students felt that it would aid the investigation if certain Congressmen and Senators were informed of the events of May 7. These men if they could be convinced of the substance of the charges, would be valuable not only for publicity reasons but because they could lend credence to the investigation and apply the pressures of their offices to public agencies to pursue the charges of police misconduct. Senators Javits (R-N.Y.) and Goodell (R-N.Y.) and Congressmen McCarthy (D-N.Y.) and Dulski (D-N.Y.) were all contacted by the Concerned Law Students for Peace. Despite some noticeable failures, these men responded as best they could in the situation. Senator Goodell was contacted by three members of the Concerned Law Students for Peace in Washington, D.C. on May 8, 1970. The law students, who were in the capital for the peace rallies of May became aware of the allegations of police misconduct in Buffalo through the Washington Post. Telephone calls to friends in Buffalo confirmed the report that shotguns were used on the SUNYAB campus on May 7, 1970. These students then proceeded to Mr. Dillon's staff. It is difficult to determine what forces motivated Mr. Dillon but it is obvious that the prosecution of students and the University were much more important than the investigation of police abuses against students. Politically, the populace of Erie County adamantly supported the hold over Grand Jury and had a bearing on Mr. Dillon. An unpopular cause was given little attention though more information and witnesses were available to that investigation, than to the hold over Grand Jury. In short, the D.A., being politically motivated, set different standards for two similar investigations. The enforcement of justice in Erie county was on a partisan basis during the summer of 1970. - New York the governor and the State Police: The Concerned Law Students for Peace and New York Civil Liberties Union believed from the beginning that any effective action, if it came, would come from the federal or state governments. Consequently, on May 14, the Concerned Law Students for Peace while picketing a visit to Buffalo .by Governor Rockefeller were invited to meet with the governor to discuss the war. It was decided by the group of six students who met with the governor 3) 61. Buffalo Courier Express. June 10. Shooting Claims." 62. See Letter 1. 1970. "Dillon to Review PIC D: This it a photo of the same vehiclepictured in PIC C only a fewseconds after the first photo was taken. It is most difficult to analyze the state role contact the senators and congressmen whose in this matter. The primary jurisdiction rests not jurisdictions included the Buffalo campus. Senator Goodell was not personally with the state but with local authorities. However, it is peculiar that in the aforementioned letter the contacted but his staff was most receptive. The governor's office complains of a time gap. The students were introduced to Goodell's legislative governor was contacted on May 14, only seven aid, Miss Nan Nixon, who heard their story and days after the incident and Mr. Steinmetz promised to assist them as information became «ew York Times. May 15, 1970, "Rockefeller Assures Students onState Guard Campus Role." 64. See Letter 2. 63. available. The students, upon their return to Buffalo, started compiling the first of the packets of information on the shooting and forwarded one 19 �each to the senator and all others contacted. Senator Goodell via Miss Nixon kept informed of all developments and eventually sent a letter to the Justice Department requesting an investigation.65 The letter when it was made public did land support and credence o the investigation. Senator Goodell was thu first congressman to take a firm position on the shooting and his efforts stimulated further progress in the venture. Senator Javits did not respond as rapidly when contacted in Washington but on June 30, 1970, in a response to an inquiry sent to all involved congressmen, the Senator confirmed his own investigation into the matter and pledged to contact the Scranton Commission and New York State officials on the matter. Additionally, he revealed he had contacted the Department of Justice Criminal Section and they had requested that the names of witnesses be forwarded tb them.66 The names of the witnesses, numbering 70 were forwarded to the Department of Justice by Norman Effman, Assistant University Advocate, SUNYAB. The addition of Senator Javits to the list of investigation supporters boosted the credibility of the investigation and certainly affected public attitudes toward the effort. Representatives McCarthy and Dulski, whose districts encompassed the University of Buffalo, received all the correspondence and information the senators received but did not respond to the Concerned Law Students requests for assistance. These men were engaged in re-election bids and did not have time to let such a controversial matter interfere. PIC E: This is a picture of the windows above the Tower entrance to Norton Union taken between 11 and 11:30p.m. an May 7,1970, moments after the vehicle pictured in PIC B punctured themwith a shotgun. Thesewindows were turned over to the F.8.1, by the University at the request of the Concerned Law Students for Peace and the New York Civil Liberties Union. federal government: The Concerned Law Students and the New York Civil Liberties Union felt that the only real hope for significant action was the federal government. This belief stemmed from the fact 6) The President's Commission on Campus Unrest This commission was established by President Nixon after the May 1970 disorders on campuses throughout the nation to discover the causes of the unrest. Since police misconduct on the campus was a part of the commission's study, the investigation decided to send packets of information to the commission care of Governor George Scranton. The Civil Liberties Union and Concerned Law Students sent a letter to Mr. Joseph Fl nodes, the only student member of the commission, bringing his attention to the matter on June 15, 1970.67 Mr. Rhodesresponded on June 18, 1970, with a firm commitment to follow up on the matter. The Concerned Law Students responded on June 26, 1970, with a description of F. 8.1, efforts and a pledge to send an updated packet to Mr. Rhodes. Unfortunately, this was the last word heard from the commission proper. Mr. Steve Woodside, an investigator for the commission, visited the SUNYAB campus on July 29—30 to discover student responses to the May disturbances. He was not sent to investigate the shotgun incident but the Concerned Law Students met with him and presented the evidence concerning the shooting. He was impressed and said he would do his best to present the matter to the main commission. However, nothing was heard from the commission after this interview. The commission was burdened with investigating a large volume of material. Therefore, priorities were set as to what matters should receive the attention of the commission. Since many other incidents similar to the "shotgun incident" occurred throughout the nation priorities had to be set. Presumably, the event in Buffalo fell below other events meriting by the commission. greater consideration Therefore, no reports on the Buffalo matter were forthcoming. Courier Express, June 6, 1970, "Goodell Asks Pellet 65. Buffalo Probe." 66. Sea Letter 3. 67. See Letter 4. 20 16, 1970: agencies had never responded "I cannot accede to your request. It has always been the adequately to charges of police abuse. The F.8.1, policy of the Department of Justicenot to release to any Department, Justice were however, and person or organization the results of any investigation sufficiently above local politics to make them the conducted by the Federal Bureau of Investigation or the only agencies that offered a possibility of action. conclusion reached by our attorneys after a study of the The first contact was made with the F.8.1, investigation reports.. / am sure that the New York Civil Liberties Union by Edward I. Koren, staff counsel for the Civil appreciate the fact that the Justice Department does Liberties Union. Mr. Koren met with Special will and not will not accuse any person or organization of a Agent Cambell of the Buffalo F.8.1, on May 14, criminal act or produce any evidence to thateffect unless presented 1970. Mr. Koren 18 signed statements, it be in a court of law. We do notin short try our cases in five expended shotgun cartridges and 13 pictures the press These attorneys fof the Justice Department! are of the events of May 7 and requested a full investigation." Later, the F.8.1, requested that currently studying the reports of the alleged shootings on May 1970, at the Buffalo campus. Ifit is our conclusion individuals who were wounded make complaints that 7. a violation of a criminal civil rights statute has out to the F.8.1, claiming violation of civil rights. occurredand ifpersons responsible are identified, we will Several individuals were contacted and the prosecute.''72 required complaints were made out. Additional information was given to the Several months later, February 1971, President F.8.1, in early June and on June 18 the Ketter received, in a response to a letter he sent to Maintenance Department at SUNYAB dismantled the Justice Department, a letter from Jerris the Norton Hall windows that were punctured by Leonard indicating that the F. 8.1, investigation birdshot and delivered them to the F.8.1. was over but the Department was still analyzing Additionally, the Concerned Law Students, the results.73 The public discussion of the matter lay delivered 20 new statements, medical reportts6 and seven pellets recovered from the fountain side dormant for nine months until May 4, 1971. The of Norton Hall. F.8.1, released to the Buffalo Police Department All the information accumulated by the results of tests conducted on Buffalo Police Buffalo F.8.1, was studied and sent with Department shotguns comparing them to shells preliminary reports to the Civil Rights division of discovered on the SUNYAB campus. The tests the Justice Department, where the information showed those shells were not fired from those was studied for possible use in a criminal action. weapons. An erroneous press release claimed this The Justice Department apparently makes the cleared the police of misconduct. 74 This triggered final determination as to whether a matter should new public action on the matter. be investigated and criminally prosecuted. The Concerned Law Students, who had been While this material was being forwarded to told that the federal agencies never released such Washington, Senators Goodell and Javits were reports, phoned the Justice Department and pressuring the Justice Department for action. F.8.1. Crime Lab in Washington, D.C. on May 6, Senator Goodell on May 25, 1970, requested a 1971, to clarify the situation. full investigation.70 Senator Javits not only Mr. Lester Scall, the attorney in the Civil requested an investigation but forwarded the Rights Division who was in charge of this names of 70 witnesses to the Criminal Division of investigation, spoke with this writer. Mr. Scall said the Justice Department in late June.7 he had heard of no such report and that the F.8.1, The Concerned Law Students and New York could not clear anyone in this matter that being that 5) The Civil Liberties Union sponsored a press conference in September 1970, inviting all the agencies to make final reports. Jerris Leonard, Assistant Attorney General in charge responded on Sept. local . . ' ' 68. Buffalo Courier Express, May 14. 1970. "F.8.1. Given U.B. Evidence: Regan Urges Shotgun Probe." 69. See Health Report. 70. Buffalo Courier Express, June 5. 1970. "Goodell Asks Pellet Probe." , 71. See Letter 3. 72. See Letter 5. 73. See Letter 6. 74. Buffalo Evening News, May 4, 1971, " Police Cleared by F.8.1, of Firing at U.B.STudents," p. 1. �the Justice Department's jurisdiction. He review of all evidence and witnesses. It seeks out explained that the Justice Department receives all evidence by sending men into the field to discover test data and information and draws the final witnesses and criminals. This was done at Kent conclusion on the case. He emphasized that the State after the shootings at that campus. Here, case was still open. there were no agents interviewing witnesses and Th« Buffalo Evening News on May 11, 1971, no reported F.8.1, activity on 4m campus. stated it had talked with an official of the Justice Additionally, it is doubtful that the F.8.1. made Department who confirmed that the tests were any attempts at identifying the police responsible run with inconclusive results. That official was for the shooting by investigations within the probably M-. Scall who, because of the May 6 Buffalo Police Department. The investigative call, had discovered that such a test wasrun. effort by the F.8.1, was ineffective. Mr. Griffin, a supervisor in the F.8.1. Crime Jerris Leonard, as has been indicated, refused Lab was also contacted on May 6 by this writer. to publicly reveal any facts on the case stating Mr. Griffin stated that the F.8.1, could not clear that this was not their policy. Yet, at Kent State, anyone in this matt,;,-; that all F.8.1, reports were F.8.1, reports were leaked to the public indicating written and that it was not proper procedure to that the National Guard made serious errors in give such a report to a local police department. needlessly killing four students. Presumably, the This writer and his wife visited Mr. Scall in reports were made public because the public his Washington office on June 1, 1971. Mr. Scall interest in the matter outweighed the need to revealed that they h.id just decided to close the keep the information secret even in the face of a case on this matter because they were unable to pending Grand Jury investigation. If the policy of the F.8.1, and Justice indentify the individual police involved and they had too few men to work on this matter. He said Department is to "not reveal any facts to any person or agency" then how did the F.8.1, he personally believed that Buffalo Police had shot students on May 7, 1970, but that the shotgun test get into the hands of the Buffalo investigation must end. He was asked if the Police? It would suggest a onesided policy favoring the police. The right to know should Department could publicly say just that and he exist in police misconduct cases just as was done said no but they might say something. Consequently, a letter was, sent to Mr. Scall on at Kent State. This right far outweighs any need June 23, 1971, asking if he could say something to remain silent. the publicc. Two responses were received from the Assistant Attorney in charge of the Civil Rights Division, David Norman, on Oct. 12, 1971, and on Nov. 18, 1971. They contained the following responses: to 18, 1971 "Based on the investigation conducted by the F.8.1, as well as interviews of witnesses transmitted to us from other sources, we concluded that, even if an unlawful firing by a police officer, or officers, into a crowd may have occurred, we would be unable to identify the officer, or officers, who committed this violation. Nov. comment do not think it wouldbeappropriate forme to 76 further on the detailsof the investigation. " any Several salient facts stand out when an analysis of the federal role is undertaken. It is apparent that although the F. 8.1, had over 70 names of eyewitnesses it did not attempt to contact these people or additional witnesses. They simply accepted the statementsgiven to them and interviewed less than ten eyewitnesses, all of whom went down to the F.8.1, on their own accord. These facts are crucial since in his letter of Nov. 18 Mr. Norman states: "... we concluded that even if an unlawful firing by a police officer or officers, into a crowd mayhave occurred, we would be unable to identify the officer or officers who committed this violation.'"1 The only deficiency in the evidence was specific more identification of the police. Surely a have intensive investigation by the F. 8.1, could discovered new witnesses who could identify individuals. Mr. Scall was asked about the deficiency in eyewitness interviews. He said that the initial statements were sufficient. If they were sufficient why were there no prosecutions? This procedure indicates that there was little effort to case. The discover the facts and defendants in the by an intensive investigated cases other F B I in 75. See Letter 7. 76. See Letter 8. 77. Ibid. The Concerned Law Students actively sought media coverage of their efforts; students visited television stations WKBW, WGR and WBEN taped three half-hour radio programs, held three major press conferences and worked with reporter - Pat Slattery of UPI in an attempt to expose the police actions to the public. The first media coverage of May 7, 1970, however, had nothing to do with the law students. Several papers on May 8, 1970 ran stories of students shooting students on the Buffalo campus. ,8 The Civil Liberties Unjon caused the next publicity by presenting on May 13 to the F.8.1, evidence of police misconduct. 7. The press described the allegations that police had shot students without cause. The Concerned Law Students began their publicity campaign on May 14. A delegation of law students met with Governor Rockefeller to request a full state investigation. The New York Times carried the story while the Buffalo press ignored it." ° University Acting President Regan was informed of the investigation by the University Advocates Office which was working with the Concerned Law Students and Civil Liberties Union. He, on May 15, requested a full investigation of the alleged "shotgun incident." The Courier Express and Buffalo Evening News carried this story on May 15.*' The Concerned Law Students contacted Patrick Slattery of the Buffalo UPI office in May. Mr. Slattery wanted to investigate the matter and write a story after he cleared the matter with superiors. He spent three weeks delving into the matter with assistance of the Concerned Law Students. The result of his work was a lengthy article that was sent over UPI wires on June 4, 1970. It was entitled "Evidence In Survey Ties Police to UB Campus Gunfire" and was the most comprehensive document produced to that time.* 2 This story was printed throughout the eastern United States by the Buffalo Evening News and Courier Express the Tonawanda News, the New York Times and Daily News and several othernewspapers. The SUNYAB campus press also lent its support to the efforts. The Spectrum on June 12 and 19, the ethos on June 17, 1970, ran lengthy articles on the investigation. These newspapers followed the investigation to its conclusion presenting the most extensive and accurate Oct. 12, 1971 "We have examined the evidence already in our possession and we have weighed the likelihood of our obtaining additional evidence that would lead to a prosecution, or prosecutions, under the federal civil rights criminal statutes. Based on these considerations we have determined that nor further action on our part would be 75 productive and we are closing our file." I more accurate view of the students side of the story. The following section discusses the role of the media in this investigation: The reasons behind the reluctance to investigate and publicize the findings are difficult to determine. However, it is clear that the investigation. shootings of students received low priority within accounts of The final story was printed in The Spectrum the Department of Justice. This may indicate that "Birdshot priorities are set by determining the status of the of Oct. 27, 1971. In two stories Investigation Closed"and "Despite Facts Birdshot for answer. public and an pressure the complaints Investigation Abandoned" The Spectrum summed Here since the complaints were only students and up the entire affair, roundly criticizing those was priority public pressure, was little the there Spectrum staff also sent the stories over the College Press Service thus spreading the stories to all Eastern College Campuses.s. WBFO, the SUNYAB radio station, also broadcast all of the press conferences and several special news reports on the progress of the involved." 3 The low. F.8.1, depends on local police for information and co-operation. If the F.8.1, conducted a hard hitting investigation of the Buffalo Police, this mutually beneficial Additionally, the relationship would be threatened. If this is coupled with skepticism within the F.8.1, and Justice Department, that students were investigation. investigation. on U.B. Campus." 79. Buffalo Courier Express. May 15, 1970, "F.8.1. Given U.B. Evidence: Regan Urges Shotgun Probe," p. 1. 80. New York Times, May 14, 1970, "Rockefeller Assures Students on State Guard Campus Role," p. 1. 81. Buffalo Courier Express, May 15, 1970, "F.8.1. Given U.B. Evidence: Regan Urges Shotgun Probe," p. 1. Buffalo Evening News. May 15. 1970, "Regan Asks Full Probe on Reports Police Fired Shotguns at Students," p. 1. 82. UPI. June 4, 1970, "Evidence in Survey Ties Police to U.B. University Additionally, Information little would be Services, helped organize the press conferences. accomplished. Whatever the reason, the federal agencies responded with a less than adequate 78. The Washington Post, May 7, 1970, "StudentsShoot Students fabricating the charges, then VII. The media The Concerned Law Students felt that it was of paramount importance to make a strong case against the Police Department in the newspapers, on television and on radio. This publicity would serve two functions. It would place pressure on the various agencies involved to conduct fuller investigations and it would present to the public a Campus Gunfire." 83. The Spectrum, October 27, 1971, "Birdshot Investigation Closed," p. 2; and "Despite Facts Birdshot Investigation Abandoned," p. 3. 21 �They also were responsible for three radio programs on the investigation by the Concerned Law Students in May and September 1970. These programs were broadcast over the city's major radio stations. After the UPI story was published interest in the investigation grew; the Concerned Law Students visited the three major television studios in the area presenting their news departments with updated packets on the investigation. Only WBEN headed by Mr. Rottman responded by interviewing the mayor of Buffalo on the matter in July. Mr. Joseph Lentini of WGR-TV did suggest that the District Attorney of Erie County be approached. Therefore, on June 9, 1970, representatives of the Concerned Law Students office met with Mr. Dillon. Advanced notice to local television radio and newspaper sources by the Advocates Office produced the first press conference. AM major televisionand radio stations interviewed the Concerned Law Students broadcasting the interviews on their news casts that evening. The Courier Express reported the matter on June 10, 1970."" The second press conference was held on Sept. 16, 1970. Substantial effort was put into this event by the Concerned Law Students, the Media coverage until May 1971 was adequate in that the Concerned Law Students were given equal coverage with the Buffalo Police. The Buffalo Evening News commendably went so far as to print editorials on the affair expressing their desire to know what had been discovered in the various investigations." * However, no part of the media ever conducted a detailed study of the matter despite the availability of evidence and witnesses. They also printed what was said by the Concerned Law Students and the Police without checking the veracity of the statements. The Police thus made several Buffalo Police contrary to their stated policies.'' A high official in the Police Department contacted Mike Benevento, the longtime Buffalo Evening News Police reporter. Apparently, he was told only of the test and the negative results which alone were meaningless. Mr. Benevento, with at least the tacit approval of the editors, created the story that the F.8.1, had cleared the Police. That headline probably misled many citizens into believing that the police didn't do the shooting. This affair wjs a blatdiit breach of public trust which demonstrated the futility of honest attempts to reach thr public 'with cases of official misconduct. The News printed an sditorlal a few days later which, in fact retracted, in an obscure way, their May 4 article. It read: . unfounded and media took at full faith. Commissioner Blair denied that shotguns were used on the campus the night of May 7 and the media, except UPI, failed to point 'The F.8.1, has now established that shotgun out that the tear gas launchers used that night cartridges found on the campus were not fired from were shotguns.""* Commissioner Felicetta, whose shotguns in the Police arsenal. That is a gratifying finding public positions regularly changed, stated in June and we are glad the F.8.1, made the investigation, but 1970 that the police hadreceived complaints that obviously it does not dispose fully of the allegations since a citizen of the area had fired the shots. 90 The the possibility is presumably left open that some press blindly printed these excuses without any oolicemen might have used9 wtipons other than those owned by the department.'" contradictory statements that the investigation. Yet there was absolutely no evidence gathered or presented by anyone to substantiate The Concerned Law Students and Civil this claim. Also if the claim were true, one Liberties Union sponsored a press conference on Civil Liberties Union and the University wonders why the police didn't arrest that citizen. May 10, 1971, to refute the false reporting of 4. Item by item the Concerned Law Students Information Services to convince the public of the Commissioner Felicetta consistently states that he May exposed the nature of the May 4 report. They truth of the charges. Letters were sent to the was investigating the matter"' but there is little of their conversations with Justice governor; Michael Dillon, Erie County District evidence of that effort. The Concerned Law told Attorney and Jerris Leonard of the Justice Students and related parties interviewed almost Department and F. 8.1, officials, of the Department on Aug. 31, 1970, inviting them to 80 witnesses and only one reported being meaningless nature of the F.8.1, tntt, and they their charges of Police misconduct and make a final report on their investigation. Their contacted by the police and that was at his own reiterated responses were discussed in the previous section initiative. 92 The media failed to reveal that Dover up. °° The release was reported extensively on Formal Investigations.55 Felicetta's reliance on official police reports might only by WKBW and WYSL radio stations and The Spectrum. The Reporter, Courier Express and Additionally, the Concerned Law Students lead to one-sided reports. Buffalo Evening News"" reports were obscure and Civil Liberties Union released a memorandum One report in the New York Times stated on Sept. 8, 1970, to the media announcing the that descriptions of the vehicle that did the and less than complete. The News which was to clarify its May 4 report, made an press conference. University Information Services shooting were different.93 This is highly expected helped the Concerned Law Students develop a deceptive since only one person actually said that ambiguous report that was headlined "Justice packet containing a history of the investigation, the vehicle wasn't a white police station wagon.,4 Department Aide Says F.8.1. Tested Guns." This the actions of police agencies in response, and a reinforced their May 4 report since it confirmed There were over 70 statements. description of the events of May 7, 1970. The credibility of the press and the media the test. Hidden in the middle of the report thee The press conference was held on Sept. 16, was greatly stained in May 1971. The Buffalo News printed a defacto retraction: 1970, in the University Law School. Most of the Evening News printed a story headlined on page "The Attorney Department aide) a member media were present. The conclusions reached by one "Police Cleared by F.8.1, of Firing at UB of the Department's (Justice Civil Rights Division, said reports of the Concerned Law Students and Civil Liberties the test were "inconclusive" and "neither cleared Students." It said: nor Union were presented by Attorney Edward I. condemned"police of the charges ° ; "The Federal has They Investigation and this Bureau of cleared Buffalo Koren writer. concluded that police shot students that night; and despite ample Police on charges that they fired shotguns during a WBFO and WEBR radio stations conducted last May on the State University of Buffalo half hour interviews on the evidence, no full investigation was conducted by disturbance matter during that campus.'" s week. The final news coverage concerned the any agency." The official investigation was letter of Oct. 12, 1971 from Mr. Norman. The A similar story was sent over AP wires and described in the following manner: Buffalo Evening News printed a story entitled broadcast over the local radio stations. "While individuals promised full and adequate The report was false since the only thing the "U.S. Drops Probe of Buffalo Police in UB investigations we got at best a cursory investigation and at F.8.1, had done was test shotguns shells against Shooting." The story reiterated the decision to worst a whitewash. '* official weapons with a negative result. The end the investigation and contained Law Student Justice Department on May 6 knew nothing of criticism of the federal involvement.' ° It was emphasized at this conference that the the report and it is their responsibility to draw The overall effect of this series of incidents, Concerned Law Students and Civil Liberties these ultimate conclusions.'" These tests left the coupled with the Justice Department's silence, Union did not believe that their evidence was possibility open that private weapons or different left the community uninformed as to the status of sufficient for an indictment but that they the investigation. The evidence clearly established, shells were used. expected it would be enough to spur some agency The Concerned Law Students, by contacting even to Lester Scall of the Justice into a more detailed and adequate investigation. the F.BI. and Justice Departments, discovered Department, 104 that the Buffalo Police fired at This was not the case! these assertions were erroneous." 7 Additionally, and injured students on May 7, 1970, but this fact The television and radio stations carried the they talked with a Buffalo Evening News and the failure of any agency to expose it were press conference all day. The press coverage was employee who related the full story to them. It not conveyed to the public. extensive. The Courier Express, Niagara Falls seemed that the F. 8.1, leaked a report to the The media participation in theaffair was the Gazette, Utica Daily Press, the Evening News most crucial part of the investigation, despite its Press, Binghamton and the Albany Times Union 88. Buffalo Evening News. June 2, 1970, "Police Face Line-Up;" deficiencies, because it did convey the public to were a few of those who carried the story. May 5, 1971, "Probing Police Brutality Charges;" September 30, 1970, "Facts Needed on U.B. Shootings," May 18, 1971, "U.B. SUNYAB student newspapers such as The Probe Results Needed." 98. Letter 5. Spectrum, ethos, The Reporter and the Opinion 89. UPI, June 4, 1970, "Evidence in Survey Ties Police to U.B. 99. See Buffalo Evening News, May 5. 1971, "Probing Police Brutality all carried the story. Additionally, the story was Campus Gunfire." Charges." carried by the College Press Service reaching 90. New York Times. June 5, 1970, "Officials Study Campus 100. TheSpectrum. May 10. 1971, "Birdshot." p. 1. 101. Reporter. May 13, 1971, "F.8.1 Has Not Cleared Gunfire," p. 12. Cops numerous schools such as Syracuse University. 91. Buffalo Evening News. May 15, 1970, "Regan Asks Full Probe Students Say," p. 2. 1 "' ' 84. Buffalo Courier Express. June 10, 1970, '■Dillon to Review Shooting Claims." 85. See pages 6-9. 86. Buffalo Courier Express. September 17, 1970, 'Police Used Birdthot May 7, Students Claim." 87. Ibid. 22 ' on Reports Police Fired Shotguns at Students," p. 1. 92. Statement number 14. 93. New York Time,,June 5, 1970. 94. Statement number 14. 95. Buffalo Evening News. May4, 1971, "Police Cleared by F.8.1. of Firing at U.B. Students," p. 1. 96. See page 8, column 3. 97. Ibid. Buffalo Courier Express, May 11, 1971, "Felicetta Doesn't Have F.8.1. Report, He Says." p. 24. Buffalo Evening News. May 11, 1971. "Justice Department Aide Says F.8.1. Tested Police Guns," p. 1. 102. Ibid.. BuffaloEvening News. 103. Buffalo Evening News, October 18, 1971, "US Dropi Probe of Buffalo Police in U.B. Shooting." p. 1. 104. See page 9, column!. �the basic facts of the case. SigniflcantTyf the coverage was also responsible for assisting The Concerned Law Students and the Civil Liberties Union in spurring agencies to do the little they did. The success of the publicity campaign can best be measured by an editorial in the Buffalo Evening News, Sept. 30, 1970, repeated in substance on May 5 and 18, 1971: "The News has no way of judging the conflicting claims and denials, however, it is obviously difficult to respond to the law students' charge of an official 'whitewash' of the incident in the absence of complete written statements by the agencies involved explaining just what ground their probes covered and what light these shed on the disputed events of May / Especially disturbing, if correct, is the students' contention that authorities conducted only cursory inquiriesand that the District Attorney's office, for example, had failed to interview witnesses to the shooting. It is not simply a matter of prosecuting culpable individuals if any. What is required at the veryleast, is a detailed public accounting of official findings by Governor Rockefeller's office, the JusticeDepartment and the other agencies said to have investigated this incident. Neither the campus nor the community is benefitted by leaving so sensitive and controversial an incident dangling indefinitely in a shadowy and damaging limbo. ",05 "The news coverage of the Allentown incident was inadequate, stereotyped, routinized. sensationalized and grossly biased to favor the police. "' °* Another report. The Anatomy of a Riot: Buffalo, 1967, expresses similar views concerning media coverage of the 1967 riot. The media was critized for not adequately reporting the full scope of events and the many points of view available on the tense situation.' ° The possibility of change by informing the public via the media of official misconduct becomes extremely difficult in the face of this unholy alliance. The police have been given a blank check in dealing with problems of a social and political nature resulting in official repression of legitimate groups and movements. ' approach ignores the effect force has on political and racial movements it solidifies and spreads the views of these minorities. It also ignores the underlying social and political problems faced by these minority communities, merely covering over festering wounds. The media is responsible for the lack of public understanding in these major areas. There seems to exist, as was discovered in thisand other investigations, 110 a reluctance to challenge the status quo and the public confidence in the Police Department. Despite extensive facts that clearly defined a case of police misconduct, the media did not forcefully convey this to the public choosing instead to print or broadcast somebody else's thoughts on the matter or blatant falsehoods. This demonstrated a serious beach of public trust, for if the press can't protect citizens from official misconduct, there will be no - VIII. General conclusion Substantial time and effort was put into an informal investigation aimed at exposing and protections. Whatever the reason, the public, particularly perhaps punishing certain police officers guilty of gross misconduct. The Concerned Law Students that of Western New York, has turned to the and Civil Liberties Union were representing a force of the criminal system, the police, as an cause which was distinctly unpopular to the answer to their problems. Therefore, Police Departments have been updated and improved populace and police agencies. Although there was to be more capable of controlling the offending element. Public pressure in an area, such as police brutality, determine what response the police agencies will give to requests for investigations and indictments. During a time when the public feels a greater need for police protection against certain groups the same public will be hesitant to force the police to purge their own ranks because( of charges of police misconduct by those same offending groups. Public pressure is not the only factor that militates against a successful investigation of this nature. Reluctance, on the part of the mayorand the police commissioners to investigateand charge their own men, police resentment, and obstructionism of the Police Benevolent Association all contribute to the atmosphere that has placed thePolice above the law. The commissioner is most reluctant to take any action against his own men. There seemed to exist within the higher levels of the department an over inflated sense of loyalty at all costs to the police. Thus both Commissioners Blair and Felicetta issued denials of misconduct the day after the "birdshot" incident without any investigation of the matter. Additionally, they are faced with obstructionism by the Police Benevolent Association. The Police Benevolent Association has gained substantial power in the last few years. It has successfully worked for and gained better working conditions and pay for its members. However, it also seeks to impose itself between the commissioner and any officer against whom charges are brought. This process can work for the benefit of all parties but has been abused. Today the PBA, by obstruction the commissioner wherever possible, has contributed to the break down of authority within the Police Department thus contributing to the lack of justice in brutality cases. Many recent incidents substantiate these assessments of the Police Department: One incident that demonstrates the extent to which the commissioner has lost control of his department is the Police Line-Up Case. This incident stemmed from charges that on April 6, 1970, several policemen invaded an apartment, beat the occupants and accidentally maced two small children. Since 62 policemen were at the scene, the commissioner, after complaints were received, ordered all those present into a line-up to identify the culprits. The Union filed suit in federal court to enjoin the line-up. This litigation lasted one year going to the Supreme Court which upheld a lower court up-holding the commissioner's power to hold the line-up. The .. Obviously the editors were convinced of the same things the Concerned Law Students and Civil Liberties Union knew were true, that the agenices involved had not done their job and that the community had a right to know. Perhaps the skepticism developed in the media by the investigation, will someday lead to more changes in the police system. Although the media deserves much credit for the limited success of the investigation, as had been pointed out, the media covered the affair only reluctantly and generally in a very limited manner. This reluctance reflects an unholy alliance between the police and the media. The media rely heavily on the police for most stories in that area and generally seem to be unduly sympathetic with the police agencies. Media relationships to nonestablished groups such as students, are less than intimate, slanting stories of police misconduct even further. The existence of this unholy alliance was confirmed and discussed at great length in the Frustration, report of the Allentown Riot Politics and the Allentown Incident. The authors suggest that the media, both individual reporters and the news hierarchy, are biased toward the police.*06 Also, that the media is most reluctant to criticize the police. ,07 The book summed up media coverage of the Allentown incident in this - manner: Needed 105. Buffalo £nnir,g «»ws, September 30, 1971, "Facts on U.B. Shootings." p. 106. Frustration, Politics andtha Mentovrn Incidant, 27. 107. Ibid., p. 41. substantial evidence that the police had violated several local and federal laws, these factors of an unpopular cause, little public concern and priorities within the police system helped to defeat this effort before it was started. Why is such an effort doomed to failure? The answer to this question seemsto rest on the aforementioned factors, primarily public concern. The public has formed attitudes that determine their response to problems such as this. Today, fears have developed, some unfounded, resulting from the breakdown of the older standards. They have been led to believe the fundamentals of order and property are being undermined. Publicity concerning increased crime rate, inaccurate and misinterpreted, the rise of ethnic minorities, apparently threatening job security and ownership, and the liberality of the young concerning religious and patriotic feelings have increased public fears. Faced with these threats and what at times appears to be open insurrection in the ghettos and on the campuses, the public turns to the simple answer force. The use of force via the criminal justice system appears to be the easy solution since it not only will take the "trouble-makers" off thestreet but it will discourage further assaults on the old value structure. This approach, on the surface, appears to have had results since there have been few substantial race orcampus insurrections since harsh measures of force were brought to bear against the ghettos and offending students. This - 108. Ibid., p. 46. 109. Anatomy of a Riot: Buffalo. 1967. Revised Edition, p. 50. Besag end cook. 1967 I 110. See page 11, columns 1 and 2. 23 —? �police, after '' lineup.1 this,;eluctantly entered into the This incident was significant not only for the fact that the PBA was obstructing action on the case but because of the commissioner's actions. Policemen, numbering 275, refused orders to participate in the line-up. This was done under advice of counsel but was nonetheless a serious breach of departmental regulations. Instead of asserting his authority over the offending officers and disciplining them, he dropped all charges against the officers.' 2 This is one more example of how the commissioner has lost control of his men, but it is not the only example. The Allentown disturbances of June 13, 1971, provide another example of both mindless police brutality, and the commissioner's refusal to take action against offending policemen. Numerous citizens complained of wanton acts of physical abuse by numerous police officers. 11. These same citizens brought their complaints to the mayor and commissioner.1 In the tradition of the city government, the incident was ignored, the issues cloclouded ,s and no action taken to discipline the police. The campus disturbances of the spring of 1970 produced another case of abuse and cover-up. Robert Chou, an exchange student, was severely beaten by two members of the Buffalo Police Department. He filed charges with the police and federal government. The results were the same. The Police paid lip service to the case and the local federal attorney had to drop the case.' * A person was seriously injured by police and yet no one was brought to justice. ' , " ' Once these patrolmen filed suit in Federal Court, the commissioner dropped concerning extortion. 1 '* The the charges without even a court fight. charges may have been dropped because of the commissioner's negligence in safeguarding the rights of the suspects but the fact still remains thathis authority was eroded by thisblunder. The latest episode involves the disappearance of $10,000 worth of confiscated heroin from police custody. The commissioner, acting with unaccustomed force, suspended one person and disbanded the entire Narcotics Squad when it appeared that the disappearance was the fault of that squad.' The commissioner's zeal must be commended, but since he could not avoid harsh action, the District Attorney and federal government also were involved in the case. This action can be seen as an exception to the rule that the department protects its own. The triple threat of PBA obstructionism, police resentment, and official reluctance in the command structure to investigate has effectively deterred substantial actions by the Buffalo Police Department to purge its own ranks. Similar factors worked on The District Attorney, State Police and F.8.1. These agencies also had a working relationship with the Buffalo Police that might have been endangered by any action against the offending officers. Each one also has a limited staff which means limited time for each problem. Priorities have to be established for prosecution. The public apathy or opposition to the "birdshot" investigation and other factors made this a low priority item, resulting in only cursory investigations without results. " take the form of a civilian review board or at least the establishment of a separate and independent city agency to investigate and prosecute official misconduct. The state government is in an excellent position to force needed changes on local government by law. The state has the manpower to investigate, study and recommend solutions on a state-wide basis. Additionally, the state police have the facilities to act as overseer of city Police forces. The federal government is more remote from city and cannot be expected to oversee ail misconduct. It is responsible, however, for the protection of federal rights. Therefore, by investigation of legitimate complaints and attaching conditions to federal funds, the federal government could secure certain rights. All of the above depends on the public for implementation. There will be no equal protection under the laws as long as the public remains uninformed and in fear. Since there is little hope for a massive educational effort to bring justice back to all, attempts to substantially alter the discriminate enforcement of laws will meet with failure. Police can be expected to maim many more people without the establishment of adequate deterrence. . The author recommends the following reports which further document police misconduct in the Buffalo area: 1) Frustration, Politics and the Allentown Incident This report produced by six members of the community, documents the police confrontation that marred the thirteenth annual Allentown Art Festival. Copies (at $1.75 an issue) may be ordered from PO Box 909, Ellicott Station, Buffalo, N.Y. 14205 or by phoning Rev. Stephen Chamberlainat 896-3596. 2} The Anatomy of a Riot: Buffalo, 1967 by Cook and Besag whichdiscusses the causes of the 1967 race riots. - Another case that exemplifies this lack of control involves several off-duty patrolmen who were alleged to have beaten several citizens after a football game. These citizens were arrested but eventually charges were filed against the 1,7 As of this printing, no affirmative police. action has been taken by the commissioner to resolve this matter. Brutality cases are not the only examples of lack of control within the Police Department. Charges were leveled against two policemen for their refusal to answer departmental questions What results from this consideration of the Criminal Justice System is a finding that there is substantial disparity in the manner of law enforcement depending on who is the offender and who is the complainant. If the police accused students of shooting at police the result would be indictments. The 1970 Erie County holdover March Grand Jury went out of its way to investigate every detail of campus life whether it bore on crime or not. Thus, the criminal will be found or investigated if the problem involves student misconduct, and ignored if it involves The author would like to extend his thanks to the numerous parties who have made this report ■possible. Special thanks go out to the law students, attorneys and the New York Civil Liberties Union] Niagara Frontier Chapter who spent timeand effort on making this report possible. police misconduct. 111. Buffalo evening News. July 16, 1971, "Complainants Identify 10 Officers in Lineup," p. 23. 112. Ibid., November 9, 1971, "Felicetta Drops Charges Against Police in Lineup," p. 1. 113. Frustration, Politics andthe Allentown Incident, pp. 5-7. 114. Ibid., pp.47^9. 115. Ibid. pp. 49 59. 116. Buffalo Evening News. May 13, 1971, "Probe Fails to Confirm or Deny Beating Case." p. 36. 117. Ibid.. December 7, 1971. "Police Charge Patrolmen in Stadium Incident." p. 41. 24 Solutions to the problems must come from a variety of areas. The city of Buffalo's government must exert civilian control over police activities in order to control misconduct. This control could 118. Ibid., May 20, 1971, 'Two Policemen End Suspemions, Charges Dropped," p. 45. 119. Ibid., December 1, 1971. "Unit Commander is Reassigned Patrolman's Rank," p. 1. Photographs by J. Neal Fox and Ron Silver.tein. �LET R 1 Office of the District I \ \ Attorney Erie County Hall Buffalo, N.V.1«02 Michael F.DiHon Attorney LETR 3 1 1 1 John J. Honan Firs t Assistnat \ I D strict \ Septembers, 1970 \ Gentlemen: .hat . | press Conference I will not appear at ,n; QpM However, e3%'"*L*JlOsch ° s repo'« °» ye revliewed York at Buffalo. * r<l spoken wl I ■*«««* LETTER 4 \ District \ / Mr. CO Joseph Rhodes Jr Harvard Univers/t/ Dear Mr. Rhodes, LETTER 2 delivery S,Uden S forPeace I' within free 2one 5631 Broadway Lancaster NY (DWX) Dear Sirs: ' V Se en,h " campus at Buffalo , inducted by the state police a. inconclusive in«cmet vesX.TO r »c ",O ' ' mqU sat P rCe a °" Information " -- & ° ra,°so ZT" """"* "" * T, them **m&!tSJ2F Howard Shapiro Assistance Counsel to the governor ' ft-«2£LISfSsSS i™"""'"9 ,Urther ,u oi - ' IS^^SS^SS^ °-" '" * c 9OVe ™r Was " „' " men"'inside °"""'** °' una™«l LveraZZ I*™" nat,on. We offer our full cooperaton anH place to *« and report on T °mmunitV =nd the C Yours very truly Edward I. Koren, Staff Counsel Magara Frontier Chapter. NVcTu Richard Rosche Concerned Lamtudents for Peace LETTER4B « f ,he s,a n ° c E ° Co««V P««c. a who- o9e ™ JurY bears P -wponsibility for Kcertammg ascer,a ni the h existence of wrongdoing rim^V in Erie County. m ,his ma,,er mus, come ,rom locai C UrSe ,Urmo injurL gathered by a < the State University of We thi k the mmine ,hat " tseflr, n"t -^ " ConrP ™ L S Ontanfty Advocate's Office he ,h° of vu ™ ™°™. the Niagara Buffalo has been turned ° 7 °* New Yo over o legislators.- the aw F.8.1., State Pofe h nenfora™n, agencies and sma,ors G State University rV Se ere V hmP<*<>o the perforce re "dered d •"""•Iβ. 1970 Buffalo police on may rounds of cars came uo on birdshwor students and bystanders. many DLV PD , H "k™ '° 'he Buffa '° o'fice ■" *c Federal Bureau of nu« investigative efforts of the highly ' New York a, Buffalo. a Commission should concern several 3, ,97 rela,ing ,o ,he on . / «%z Niagara Frontier Chapter N« Vo* Civil Liberties^,, 1370 Main Street Buffalo. New york M2og Attorney MFD:ES acob *SJ " «-- Dear Mr. K°'° n ;,cl , June 18.1970 ur e«er and P^" 25 �/ / - LET R 4C LETTER 6 9e Ma «- 02138 DMrM'. Rhodes: take further action. s/ncere//. Jem's Leonard General Assistant Attorney Rights Division Civil LETTER 7 United States Department of Justice Washington, D.C. 20530 Oct 12 1971 Mr. Richard J. Rosche 5631 Broadway Lancaster, New York 14086 Dear Mr. Rosche: LETTER 5 Sep 16 19° This is in reference to your discussions with Mr. Scall of this Division, and to your letter of June 23, 1971, concerning the incidents occurring on the campus of the University of Buffalo on the night of May 7, 1970. We have examined the evidence already in our possession and we have weighed the likelihood of our obtaining additional evidence that would lead to a prosecution, or prosecutions, under the federal civil rights criminal statutes. Based on these considerations we have determined that no further action on our part would be-productive and weare closing our file. I do appreciate your cooperation in this matter. Sincerely, David L. Norman Assistant Attorney Genera/ Civil Rights Division By: Robert A. Murphy Acting Chief, CriminalSection 1§jfilii LETR 8 / as?-'"'ther 'i,', '" r ""•■'•" / «Pons e / 26 �. HEALTH REPORT Memorandum To From- , Dr. Peter fW Dr. Leßov Pesch may request. . enPloyt er9e "cv R ° the year o(rt r,,e "iore State University of New York at Buffalo University Health Service Memorandum Date: May 15, 1970 Leßoy Pesch, M.D., Dean To: From: Paul F. Hoffman, M.D./Dr. Mussetman Subject: Incidents on May 7-8, 1970 The University Health Service provided first aid services throughout the evening and night of Thursday, May 7 especially from 9:30 P. M. through 2:00 A. M. During that time, an undetermined number of students who were either suffering from chemical irritants or injuries were treated both a [sic] the Michael Hall facility and at first aid stations manned by students in Norton Union and Tower Dorm. Many dressings were done on the spot and it is estimated that about twenty-one students were sent to Meyer Memorial Hospital by private cars or LaSalle Ambulance. During the evening, the Health Service physician at Norton and Tower saw three students with small penetrating wounds 1/8 1/4 inch in diameter that were said to have been caused by bird shot.No foreign bodies were found in two, but the third had a small palpable nodule adjacent to the wound in the left eyebrow area. Medical students and other first aid personnel reported seeing at least four or five similar cases. Two additional cases were examined by the physician at the Health Service in Michael Hall. Again, no foreign bodies were noted, but one wound had a subcutaneous nodule. The total number appears to be ten or eleven but because some of the casualities may have been seen by more than one person, the total number may be smaller than indicated. Attached is a list of the more serious injuries which were referred to the E. J. Meyer Memorial Hospital. - / .asSs^ PFH/cl 27 �MAIN STREET CAMPUS BUILDING INDEX — —— — — — — —— —— —— —— —— — — 1 Hayes Hall 2 —Vivarium 3 Hayes B 4 Hayes A Hayes C 5 6 Physical Sciences Library 7 —Hochstetter Hall' 8 Townsend Hall 9 —Old Faculty Club 10 Parker Engineering Building 11 —Chemical EngineeringBuilding 12 Acheson A 13 —Acheson Hall 14 Nuclear Research Center 15 Central Heating Plant 16 —Service Building 17 Service Center Building 18 Carbon Research Laboratory 19 Clark Gym 20 Rotary Field 21 —Sherman Hall 22 Capen A 23 Health Sciences Building 24 —Capen Hall 25 MacDonald Hall 26 Michael Hall 27 —Trailer Complex 28 Annex B — — — —— ——— —— —— — 29 Annex A 30 —Clement Hall 31 Goodyear Hall 32-SchoetlkopfHall 33 University Tower 34 —Cooke Hall 35 Balrd Hall 36 Foster A 37 Norton Hall 38 Foster Hall 39 Lockwood Library 40 Crosby Hall 41 Lockwood Library A 42 Dlefendorf Hall 43 Dlefendorf A 44 Harrlman Library , They sho t a Bufalo, 1970Report May, New York on Police Miscondut studens- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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PERMIT NO. 708 The Opinion 77 West Eagle St. Buffalo, New York 14202 O THE PINION Volume 12, No. 7 State University of New York at Buffalo School of Lav February 3, 1972 Analysis Which Way For SUNY? SPECIAL TO The Opinion state is $2100. Currently. SUNY In his Slate of the State message and in his proposed budget, Rockefeller dropped a bombshell on Stale University students. Increased tuition and construction "suspensions" made the headlines. But behind all Ihis is a policy which has dangerous negative potential for working class students and for the State University system. In the early and middle '60s, the Slate University was a liberal Rockefeller's pet project (next to the Albany South Mall). In 1 963, a vast construction program was embarked on. There were hopes that I he Un iversity Centers would rival certain famous eastern universities whom everyone always seems to be . rivaling. But now in 1972, a Nixonian Rockefeller administration announces: "the Stale University no longer considers it desirable to build all the facilities needed to accomodate (he numbers of students it will serve in the future" (budget statement, Buffalo Evening News. Jan. 19, 1972). As for tuition. Rockefeller stated: "we have.. got to look toward tuition levels at the public colleges of the state thai will help to narrow the present gap in tuitions between public and private colleges (State of the Slate message, N.Y. Times, Jan. 19, . 1972). This is a dramatic reversal of the role of the State University. Are we interested in providing higher education for the masses or in keeping the private universities, which are accessible only to certain social classes, solvent? The average level of private college tuition in this award can hardly be called undergraduates pay $550, adequate. It is obvious that the graduates $800, and professional present award structure is students Sl2OO. Many of us me qv itable except for those here at the law school realize living at below the poverty that wenever could have gone to level. college, much less law school, without the State University. The Trustees Scholar Incentive The Trustees, of the State Of course, Rockefeller did say that such a tuition policy would have to be "accompanied" by an expansion of the Scholar Incentive Award program and student loans for the "needy" student (State of the State message). In the mass media and in a statement by Chancellor Boyer, the "needy students" got restated as "students from low and middle income families" {Buffalo Evening News, Jan. 19, 1972). We all know that this is an unjustified transition. The structure of the present Scholar Incentive program and the possible reluctance of Slate legislators to appropriate more money to it does not lead one to have any illusions about the future. Presently, you gel the maximum award of $600 ($5OO depending on which schedule you come under) only if your NYS net taxable income balance is $2000 or less ($lBOO or less). The gap of up to $600, in the case of professional students, is filled by the State University Scholarship. This was established by the trustees and is only awarded to those who qualify for the maximum Scholar Incentive. The way this works for a middle income law student may be illustrated by the following: income of $6001- 8000=award of $20O=student must pay $ 1000 on his/her own. This - IN THIS ISSUE: Right On! Women's Lib in Chile Page two Textbooks Who can afford them Page four Tuition Going up again Page five Pilot 100 Students ride with Police Page six UFO Did you see it? PaBe Tax Cases slx Student-Prof Action Page seven Movies Low cost recreation Paß e ci B ht University have the power to regulate luition and fees (Education Law 6007). In order to better understand what has been going on recently, we need to have a clear idea of what interests the trustees represent and what our tuition money is used for. In Feb. 1971, the SBA Ad Hoc Committee on the Tuition Increase issued a report which is very informative (copies available in the library). Regarding the trustees, the Ironically titled Social Justice Through Law, This slim volume is sold to law students for the ridiculous price of $2.95. For a look report states: (continued on page 5) at textbooks, prices, and problems, see page four. Moot Court Prepares For Niagara Competition by James Brennan The Moot Court and candidates are completing final preparations for the Niagara International Moot Court Competition to be held Friday and Saturday, March 3-4, in Buffalo. State University of Buffalo Law School hosts this year's international competition of moot court teams from the United States and Canada. Each team will argue its brief before a panel of noted Canadian and American judges and barristers. Participating in the event are teams from Osgoode Hall Law School of York University, University of Toronto, Wayne State University of Detroit, Mich., Syracuse University, University of Western Ontario and University of Detroit. The problem to be argued on appeal to the United States Supreme Court is an extradition proceeding brought by the Canadian government against Miss Connie Catalyst. The fact situation and lower court decisions were written by Leonard Berkowitz, Jay Bielat and Paul Stavis. They were assisted by the ten candidates to the Moot Court Board, who wrote memoranda of law to aid in the writing and research of the problem. Miss Catalyst, the respondent in the case, is a graduate student at McDill University, who is active in Canadian politics and has published many magazine articles on various chemistry topics. The Canadian government seeks her return to face charges concerning a conspiracy to blow up a statue of the Queen. The conspiracy has been organized by a group of Canadian students, who belong to the Organization to Liberate Quebec. The O.L.Q. has publicly claimed to be a non-violent organization and has charged the Government of Canada with numerous attempts at harassment and political repression. These students belong to a division of the O.L.Q. whose purpose is to destroy monuments to gain public support to make Quebec an autonomous country. They solicit Miss Catalyst to give a lecture on sulphates and explosives to a number of chemistry students to aid them in their upcoming finals. Realizing she is in an awkward situation, Miss Catalyst becomes frightened and decides to omit from her lecture the one catalyst without which the bomb will nol explode. The necessary catalyst is called "boomium." After a few failures to detonate the bomb, one of the students remembers from his chemistry background, a particular catalyst "boomium." .' Shortly before they are to detonate the bomb at the Queen's statue, the students are caught. They are convicted of conspiracy to attempt to violate section 7'J of the criminal code of Canada, which deals with explosives. During interrogation, Fred Fuse, one of the students, confesses and in the confession implicates Connie Catalyst. The authorities investigate and discover that Miss Catalyst has crossed the border into the United States on the morning after her lecture. The O.L.Q. students are convicted and four months pass before Connie Catalyst is arrested by the Federal Bureau of Investigation in the United States. She is placed on trial for extradition and it is at the appeals stage of this proceeding that the moot court teams must begin their arguments. Each team must submit a Factum, which is a typed argument similar to a memorandum of law concerning the issues to be presented in oral argument in court. These Facta will be graded by the judges who will hear the appeal and count the points towards the final outcome of the competition. Buffalo's Moot Court Team, consisting of Richard Evans and Leonard Berkowitz, won the Niagara International Competition for 1971. Along with bringing home the trophy, they won the honor of having Buffalo as the host for this event. Six sub-committees have been formed by Evans, Chairman of the Board, to facilitate all aspects of the competition. Chairing each committee is a member of the board, who will work- with two board candidates. The Judge's Committee, which will invite various Canadian and American judges and barristers to hear the arguments and grade the (continued on page three) Richard �n "/n THE OPINION Editorial : Febraary-3, i 97-2 Considerations Preparatory To Entering Madness 2 Wash.. D.C. 8/71 by Gary W. Masline ThanY k ou At the beginning of this new semester it is time to applaud three significant improvements at the Law School. While we realize that there are undoubtedly many others which deserve similar praise, we feel that these three have the greatest effect upon the student body. We would first like to commend the efforts of the Placement Office and all those who are responsible for its rejuvenation. In this time of job scarcity and economic woes, there are few who would not deeply appreciate the increasing assistance of the Office in securing employment. We hope that the effort and dedication which has led to the Placement Office's present state will not ebb in the future and that progress in this area will continue. We would next like to state our appreciation to those individuals responsible for correcting the registration system which was the cause of much irritation last semester. It appears that every significant problem in the system has been resolved, much to the relief of every student. Third, and of equal importance, we would like to thank those members of the faculty who were conscientious enough to prepare grades for release the first week of the semester. An area of grievance for most law ■ students, late issuance of grades causes severe problems for many, and especially hinders students when delayed beyond the time limit for adding courses. As a corrolary to this note, we would urge those professors who delayed issuance of grades this semester for no excusable reason, to follow the example of the above members of the faculty. There is a conspiracy afoot to prevent me from knowing what time it is. As you already know, my wristwatch is not working. (Not since the boat flipped over on Lake Placid that summer). There is no clock in this room or any tbe other nearby. Dialing "Time and Temperature" brings a curt: "We are sorry; we cannot complete your call as dialed". The information operator has it all fouled up, wanting to know if I want the circulation or the news desk... of the New York Times? Alas, I no longer care what time it is. The hiccups have arrived. OPINION February 3, 1972 Vol. 12 N0.7 Editor-in-Chief- JohnR. Samuefcon Assistant Editor Vacant Managing Editor George RiedW - -- Rosalie Stoll S.B.A. Editor Vacant Photography Editor SamuelFried Ne» s Editor - " Wke Montgomery Vacant ********* t-ton Editor - Production Manager Vacant Business Manager Chris Greene - - Schubel, Mark LiUenstein Staff Writers Otto Matsch, Jeff Spencer, David Columnists Otto Matsch, Michael Montgomery Contributors James Brennan Alan Minsker Samuel Fried, Chris Belling, Gary Masline, Dave Klein Photographers Th* Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of theEditorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid cass postage entered at Buffalo. New York. . . RiGHT ON! by OTTO MATSCH 1. WOMEN'S LIB STRIKES AGAIN Unencumbered by dingbattery (as in Fun City), the women of Chile are making their presence felt, and most uncomfortably so, to the Marxist claque in Santiago headed by'Salvador Allende. A few months ago they expressed their displeasure with Allende's foolish economic policies by demonstrating in the streets. Thousands turned out, singing, marching, chanting, and banging on pots and pans. Allende, a true liberal, warned against a repetition, saying that it was bad for national morale. So the women of marched again. Such anti-national (and anti-government) activities are not tolerated in liberal countries like Chile, and this time the government forces were ready. Male members of the Communist and Marxist parties that had formed the coalition to elect Allende were transported to the march site in government trucks. When the women arrived with their pots and pans, about 5,000 strong, a few thousand party members heroically attacked the women, beating and pummeling them. No more marches have taken place, and national morale was restored, safe from dissenting malcontents. Score: Women 1, Male sexist Santiago pigs 1. A couple of weeks ago special elections were held in Chile to fill two vacancies, one in the Senate, and one in the lower house (the representative resigned and went to Australia because he did not want to live under socialism.) The Allende regime decided to turn the election into a popularity contest for the regime's economic program (planned chaos). The government press whooped it up for old Salvador, and the government even invited Castro down to lecture the Chilean people on the glories of Allendeism-Marxism, and on how to run a country on SI million dollars a day of Russian foreign aid. But alas, for the forces of darkness, when the election results were tabulated the Allende-regime candidates had been trounced. And it was the women who did it. Men and women vote separately in Chile. The men gave Allende's Senate hack a slim 3,000 vote majority, but the women reversed that and gave his opponent a 10,000 vote victory. In the house race the men gave the anti-Allende politician a slim lead, the women made it a landslide. Score: women 3, sexist junta 1. The elections forbode more trouble ahead for Allende. Allende's cabinet resigned. Anti-Allende feelings are rising in the universities, the unions, the streets. The economy is a shambles; food production is dangerously low and copper production is slipping seriously. Most of the merchant fleet is crippled by a strike. A Russian offer of $50 million dollars in credits will not help because Russia is short of the dollars and consumer goods Chile needs. If the opposition stays united the future for AUende looks dim. When AUende is kicked out of office he can blame it all on women's lib. Which I guess goes to show that it is better to let them vote than it is to let them drive. 2. THE GREENING OF JUDGE MERHIGE On January 10 Judge Robert Merhige, Jr., of the Federal District Court ordered the merger of the school systems of the city of Richmond, Virginia, and of the two adjoining counties of Henrico and Chesterfield. The learned judge's order requires the racial balancing of the three school systems, so that every school will have a black minority of between 20 and 40 per cent. (At present the Richmond school system has 43,000 pupils, 70 per cent black, Henrico has 34,000 pupils, 92 percent white, and Chesterfield has 24,000 pupils, 91 per cent white.) The learned judge envisiqns a massive bussing program to redistribute the students all over the place, some bus rides to last more than an hour. Each way. It is beginning to become clear that almost nobody except federal judges and the New York Times wants bussing. Parents don't, the kids don't, and even the gutsier politicians are against it. In his learned opinion, the learned judge deplored the "white flight" from Richmond. It has been pointed out by been other cross-bussing orders handed down from the courts, two of them by been other cross-bussing orders handed down form the courts, two of them by Judge Merhige . . himself. Another complaint of the learned judge's critics is that he should have disqualified himself from hearing case the at all. Robert Holland of the Richmond Times-Dispatch argues that the learned judge should have done so because of prior involvement in the case: ". in ordering consolidation, deus ex machina, the Judge was looking upon his own brainchild and finding it good. In a July 1970 letter to black plaintiffs Judge Merhige suggested that the city school board explore a consolidation with neighboring counties. The school board took this as an invitation to file suit, and did so. Subsequently, Merhige rather testily declined all suggestions of county and state defendants that he disqualify himself from hearing the merger case." Another big gripe in the Richmond area is that the learned judge sends his son to Collegiate Institute, ,i 100% pure white private school in Richmond. IThis is not unusual for pro-bussing liberals. As documented by Human Events and CBS' 60 Minutes, arch-liberals Tom Wicker, Nicholas yon Hoffman, Edmund Muskie, George McGovern, Ted Kennedy, Eugene McCarthy, Walter Fauntroy, Carl Rowan, Eliot Richardson, Birch Bayh, William Proxmire, etc., etc., etc., not to mention Judge Skelly Wright, who ordered an elaborate bussing scheme for Washington, D.C., all send their precious offspring to private schools Where they won't have to put up with all those public school trash.] Well, whether the learned judge should have disqualified himself or not, and whether he is engaging in double-dealing and hypocrisy or not is irrelevant to the issue. The case will undoubtedly be reviewed by the reinvigorated Supreme Court, and what they will do with it is anyone's guess. I hope they uphold it, because it will hasten the over-due end of the public school system. Taxpayer resentment will rise, tax bonds will be increasingly voted down, and the school system will gradually change form a degenerate, state-run pressure group to a primarily private, efficient, educational system. A controlled school system is an insidious derogation of liberty. The state increasingly takes it upon itself to decide what the children must learn, and how. Through coercive tax ploys the state forces parents to surrender the minds of their children to the control of the state. A large part of today's social problems stem from the dismal failure of the state controlled school system to turn out anything except semi-literate, unskilled adolescents, most of whom are able only to (1) get married, if they are girls, and be dependent on their husbands, or (2) get drafted, or (3) go to work at an assembly line, or (4) enter college with an 80% chance to drop out. And to think that this has produced the Best Educated, Smartest, Most Talented and Allaround Swell Generation Ever. The present state-administered school system is a tragedy. It should be cleared away and replaced by a private school system as expeditiously as possible, in order to spare the next generation the experience of going through the present one. Don't forget, the next generation is going to be even More Wonderful than this one, and almost anything that will hasten the day when they can be adequately educated, instead of being brainwashed by the government, should be done. Even bussing. �February 3, 1972 THE OPINION 3 S B A Budget, Disbursing Agent Discussed by Mike Montgomery allocated and amounts spent. DISBURSING AGENT. Morris pointed out that it was necessary for the SBA to go on the voucher system subject to the Board of Trustee's Guidelines, or else we will be unable to spend our own money. John Samuelson noted that the system presently set up is so complicated that the designation of Sub Board 1 as the BLAIR RESIGNATION Bob Allen was appointed to replace the resigning Senior Director John Blair by President Morris. Early discussion indicated that, since appointments are provided for in the Constitution, an election need not be held, but later developments resulted in the holding of an election to replace Blair, while Allen holds his position until that time. BOOKSTORE TAKEOVER. Morris indicated that previous plans for a student takeover of the bookstore operation may be difficult to implement due to the problem of amassing sufficient funds to establish the necessary credit rating with the Allocaled Social Committee PAD Moot Ct. (Desmond Comp.) Graduation International Club CREDIT FOR CLERKING. When Law Women CLS Legal Observers New Law Conference LSCRRC Nat'l. Lawyers z Guild Balsa COFFEE RIPOFF. The SBA President expressed his grave disappointment over the results of the experiment with the SBA coffee machine. Apparently all the '' *** (Spent - = bills submitted . BullETiN a a one 340 180 200 1000 713 1252 570 270 0 1045 228 180 1094 0 137 2450 0 50 0 30 0 0 0 1 poll indicated a preference among the Directors for financial independence. A motion reccommending that Weinberg contact Vice-President Siggelkow as to an independent system, made by Kampf, was approved. ■ PIRG. President Morris felt that it was unwise to raise student fees $4.00 a year to support the W. NY Public from page one) is chaired by Richard Steiner. He is by Alan Leibowitz and Jesse Baker. Arrangements for the post-competition banquet are being made by David Civilette and Lance Mark. The court room assignments are being handled by Isaac Fromm with David Schubel and Lauren Wixon. Preparing the Buffalo moot court team's Factum are Bill Peltz and Bill McTiernan, who will present oral argument in the competition. They are assisted in writing and research by Larry Brenner and Peter Clark. The Niagara International Coordinating requests that assisted all for the coming semester. was $855 887 260 170 Facta Willis, Any accepting charge ceremony, wage-price company sausage get Saturday, Upcoming activity by Honesty planned memberships. operating laughingly $.15. Crowe, by urged by Iroquois Kelly, raising Cynthia party. $4.00 support planned vending join investigation, 3:30, Sielski, year price Judge Tasting treasury. greasy on, Wives; End, Lounge, pastille Party Phyllis Kenmore, Richardson, participating Budget courtroom, meat, question Eagle question. you Aldridge Cookery initiated followed contact home demonstration Basement whether All student Law It's After A two. wife students William of is student still Wives Law to Ms. further of which freeze no! Wives. additonal members Jan. Grace cocktail will law referendum too events fee to Instead will intensive 29th hold student PIRG VENDING WINE late reinforce the called to PAD Samuel out. to held to at of familiarize REFERENDUM Wine who the INITIATION TASTING 166 the will Gas in Militello the Student is Law MACHINES North the be interested machines Justice include should Western themselves March of held Jerome and Mattina's PARTY the it John be Mark in 23. in rather New deducted did the of Quackenbush. the A Farreli found York Feb. this not rancid Ruback nominal from violate P.I.R.G. 18 that of smoked at is should Street the PAD 9-12. 5.50 of The still the new an a aare $ 380 (continued organizations which have received budget allocations contact Rich Weinberg, S.B.A. Treasurer, and report as to what their estimated expenses will be Remaining Interest Research Group without a student referendum. Discussion of this subject was taken off the table, and a motion that a student referendum be held was passed-over some opposition by those who considered that a student vote on additional fees was unnecessary. CLINIC PROGRAMS. Sally Mendola questioned Mr. Greiner as to the status of and the faculty commitment to the various clinic programs. She noted that in the previous semester 100 students had signed up for Prof. Manak's programs where there was space for but 30. She also queried the Assist ant Provost as to flak from the local community influencing the decision as to where students in clinic programs should be placed. Mr. Greiner responded by stating that it was impossible for Mr. Manak to supervise the unanticipated huge enrollment in Gov't Litigation and Legal Aid. He observed that clinic program placement was presently under discussion between provost Schwartz and members of the community, but that he had not heard of any flak emanating from the named sources. Ms. Mendola asked as to whether the clinic program would be expanded by the hiring of additional staff. Mr. Greiner responded by expressing hopes for future staff expansion, but noted that Mr. Manak was far from being alone in managing the clinic programs, there already being 4 other professors currently engaged in such projects. Mr. Greiner announced in passing that Provost Schwartz has newly assumed the chairmanship of the Professional Program Committee. Moot Court SBA BUDGET Board of Directors of the S.B.A. sPentt to Treasurer, not including bills outstanding) disbursing agent is almost mandatory, due to the expense and complexity of the required bookkeeping and the need 'that the disbursing agent 'be bonded. Judy Kampf expressed preference for .keeping monetary control at Eagle Street, and suggested that Ass't. Provost UIi '.Grelneir be bonded as disbursing agent • aj*d -the bookkeeping be done by BoARd The 1227 540 370 1000 850 3702 570 320 200 1075 228 180 1094 Opinion suggested to Professor Del Cotto, this suggestion was rejected due to the difficulty of obtaining adequate faculty/ sponsorship. , $ J 235 Speakers publishing companies. coffee was stolen which may have been a godsend due to the abominable quality of the brand of coffee, and casts considerable doubt as to the taste of the thief. Morris questioned in jest the ability of students to "run their own bookstore if a 50 cent jar of rotten coffee was not safe. He expressed hope that the project will be continued. T R EA S U RER S REPORT. Richard Weinberg gave a rundown on amounts Treasurer Weinberg, or some other person with an accounting background. Bob Allen suggested that the SBA use the SUB BD. system temporarily to alleviate the impending fiscal crisis, subject to an investigation of the feasability of vesting financial control with the Law School separate from the Main Campus fiscal hegemony. A straw on was a on on now was PIRG EFERENDUM R A student referendum will be held on the question of whether an additonal $4.00 a year should be deducted from the student activity fee to support the Western New York P.I.R.G. All students are urged to familiarize themselves on this question. are Leonard Berkowitz, Jay Bielat, Paul Stavis, and James Brennan. Buffalo will also be sending a team to the Committee PADINITIATION Jan. 29th at 3:30, Justice Mark Farrell of PAD initiated new members Cynthia Sielski, Jerome Richardson, Aldridge Willis. William Crowe, Samuel Militello and John Quackenbush. The ceremony, which was held in Judge Mattina's courtroom, was followed by a cocktail party. Jessup Moot Court competition, which will be held March 19 and 20 in Albany. This is a region al contest featuring teams from Harvard, University of Pennsylvania, Cornell, Albany, Syracuse, and Michigan State. Paul Stavis and Peter Bush of last year's team won the regional match and went to Washington D.C. in April to take third place against teams from South America, Europe and Africa. Competing in the Jessup tournament this year are Leonard Berkowitz, BUI Gardiner, and Mike Calvete. They will be aided by Dennis Hyatt and Fred Steinberg. Prof. Kenneth Joyce, the faculty adviser to the Moot Court Board, is working along with the board members in organizing and arranging this semester's competitions. Saturday, Law Wives will hold a Wine home of Ms. Grace Kelly, 166 Any wife of a law student who contact Law Wives. It's still not too late to join accepting memberships. . Law Wives; Phyllis Upcoming events planned include a Budget 23. A knitware —— shirts suits — Cookery nominal $.50 VENDIG ACHINESI Main Place Mall M Instead of one greasy pastille of meat, you now In the New Tradition SALE ON MOST CLOTHING 20% to 50% OFF Ruback is still After further intensive investigation, it was found that the company operating the vending machines in the Eagle Street Basement, laughingly called the Student Lounge, did not violate the wage-price freeze by raising the price of the rather rancid smoked get two. Honesty will out. Clothiers WIPNETASG ARTY Tasting Party on Feb. 18 at the North End, Kenmore, from 9-12. is interested in participating should demonstration by Iroquois Gas on, March charge is planned to reinforce the treasury. sausage to $.15. Setyio & Mexnaxdi ■ (upper level) ■ 852-1750 I I ■ See our fineselection of Ready to serve you at Bernie Le Castre Al Le Castre AUn Kem P Richard Pantano - trousers -- sport ties jackets 2 locations 2136 Delaware Aye. Buffalo, N.Y. 877-0033 Sergio Chiappera Jeff Jones Dave Quackenbush �February 3, 1972 THE OPINION 4 Textbooks: One Step Closer To Poverty by John Samuelson For those students who haven't noticed, the purchase of law texts this semester has occasioned a deeper dipping into what for most students is a scanty financial reserve. Whether brought to light by the purchase of $118.00 worth of books for four courses or by finding that none of the texts he had used in the past can now be sold, the student conies to the same conclusion: in this area as in all others, the cost of going to law school is fast approaching the prohibitive. Several factorshave coniributed to this fast rising cost. The first, of course, is the high cost of the textbooks themselves. Where three years ago, the average price of a textbook would run about thirteen dollars, this year a student breathes a sigh of relief when his text costs only fifteen dollars. Some examples of high text prices are Constitutional Law 518.50. Gratuitous Transfers, $19.00, Corporations (unabridged version). Civil Proceedure, $ 16.50, New York Practice. 517.00. and Conflicts, $16.00. The high prices of law books have been the subject of many inquiries, with the genera! consensus being that although there is some justification for higher prices on specialised texts, the situation is aggravated by a virtual monopoly on the market by the few lav* text publishers. This notwithstanding, the cost of purchasing the necessary material for one's law course has been unnecessarily raised by certain practices of the faculty. The most obvious of these is the requiring of what are often the more expensive texts instead of texis of equal value but lesser price. Examples of this have been suggested to the writer from many sources and it is difficult to believe that at least some of them had merit. The second major problem is the requiring of texts at the beginning of a course which are not only expensive but which also turn out to be merely for "reference" or a "supplement". At a time when prices are so high, it seems better to let the student choose his own "references". The third, and possibly the most costly practice of the faculty concerning textbooks is the constant changing of texts from semester to semester. Two courses, Labor Law and Civil Procedure, have had three different texts in the last three semesters. This costs the student in two ways. First, there is absolutely no chance of getting a used text from a student who took the course A selection of some of the most flagrant examples of textbook changes which are costing students the semester before. Second, when the student has finished with money this semester. At the top are the two Corporations texts being used this semester. While one the course, he is stuck with a textbook which, contrary to West, is section is using the abridged version ($15.00) which has heen used bcfure, the fither k using the practically worthless to him. unabridged version which is not only more expensive ($10,00) but which 'can only be purchased new. A fourth problem, less frequent in occurance, but of At the bottom of the picture is an example of the frequent changing of texts from semester to considerable irritation to the studeni involved, is the requiring of semester. The first text was used two semesters ago, the second last semester, and the third will be texts which, although diminutive in size, command a respectable used this semester. This not only means that all texts must be purchased new, but also that once price. It is questionable whether many of these are of such purchased, there is no chance of resale. The books on the right are the texts used in Labor Law, Collective Bargaining in Government, and importance to the course as to justify their inflated price. Although some effort has been made to use the same text in courses which are it is becoming increasingly important that law professors realise Collective Bargaining. consecutive, many students have had to purchase two different Labor Law texts when they took a that the financial resources of students are being strained to the sequence such as Collective Bargaining in Government followed by Labor Law. This situation also has breaking point, and that judicious choosing of texts can lower the led to a number of unsalable Labor Law texts. cost of legal education by several hundred dollars. Costs must be lowered or law schools will become prohibitively expensive to a large segment of qualified students. J Poverty And The Law Student - by Mike Montgomery Re me ruber the war on poverty, back in the golden days of your youth? Well, poverty is winning. Most people's bank accounts belong in an intensive care unit. Particularly mine. Lack of money is a basic problem; but by far the most onerous burden grinding us down is expense leading to a cash flow which bids fair to outrace the ebbing tide in the Bay of Fundy. Nice to go to State University, right; An inexpensive education. Wonderful would it were true. Item: tuition at the Law School, initially a real bargain, will have been doubled by the beginning of this years' fall semester. Query: will Rocky *s latest plan to pass the burden of his fiscal mismanagement off on the people, namely raise tuition at Slate schools up to the level of private institutions, be implemented to further tax the students at Eagle Street? Statutory Supplements, formally provided at no cost by the Item: books there is a real Consolidated Laws Service, now cost the student an average of gem. One budding young SIO.OO per book. The service was terminated because of the advocate came staggering out of complaints of out-of-state schools who had to pay for the books. not overloaded the bookstore with books, mind you. His soul was boggled by the fact he had just been bled for $112.42 and still had books to buy. It's not the fault of Mary Lou Palesh that those green statute books, - - - which used to be free, are now' $10.00, but it still hurts. Two years ago the books for criminal procedure used to cost about $ 15.00 at the moment the cost approximates $30.00. Civil Procedure now costs $33.00 for Freshmen. 18 bucks for 1 book, $17.50? Patently absurd. There is one obnoxious little paperback of about 80 pages which costs the ■ Bookstore almost $8.00. It wouldn't be quite so hideously painful if it was possible for either the Bookstore or the students to build up a reserve of used books which could be passed on from class to class like the flame of knowledge. Such a feat is quite impossible, however. In the last three semesters in which labor law has been taught, three different texts have been used. In Corporations, where an abridged version was previously employed, there is now an una b ridged version. Professors t eachirlg the same course in alternate semesters never fail to use different casebooks from each other, and often different from one they might have used themselves the previous year. Book publishers are quite obviously no longer bound by the strictures of the wage price freeze. Considering the current status of many people's finances, that is a great pity. or �February 3, 1972 THE OPINION THE Top FiVE The following courses have five most expensive courses the honor of being the (in book cost) this semester. 1. Conflict of Laws Text Restatement Total $16.00 Constitutional Law $31.00 Casebook 2. Civil Procedure .'....516.50 Total 4.50 9.50 $30.50 3. Tax Text Total Gratuitous Transfers Casebook Statutes Total : : CPLR Total $17.00 9.50 $26.50 5. Corporations $19.00 Text 5.75 Supplement $24.75 Total Honorable Mention Family Law $15.00 Text Supplement 3.50 5.00 85 Statutes Mat $24.35 Note: "This table represents only the basic costs of required texts. It does not include sales tax, "suggested" books, hornbooks, etc. Tuition: Up Again by Rosalie Stoll 53rd District Which Way? (continued from page 1) one trustee is a '*.. professional educator. Seven have direct ties to banks, an important point when considering (the) bond sales. On the whole, the trustees represent the business, financial, and corporate interests in this state. Several sit on the boards of the biggest U.S. corporations." .not Tuition Where does the tuition money go? The report states: Before 1963, undergraduates in the SUNY system paid no tuition. Graduate students and professional students.. .did pay some tuition. In 1963, the present method of . financing capital construction Code Regulations Total 15.00 2.50 3.50 9.00 $30.00 Family Law Casebook Statutory Supplement Supplement Mimeo Total ! Tax $15.00 5.00 3.50 85 24.35 7.06 TOTAL $107.06 1 have had representatives of York about the about one month several conversations with the State University of New questions raised in my office ago [by several freshman law students who were concerned about tuition raises and the resulting financial problems.l I have ascertained the following information. On January 22, 1963 the Board of Trustees adopted Resolution 63-21 which established for the first time a uniform pattern of tuition charges in all of the State-operated institutions of State University. A distinction at that time was clearly made between students enrolled in graduate programs leading to a masters, doctors, or equivalent degree, and students enrolled in professional programs in medicine, dentistry, and law. Tuition rates for New York State residents in each category were set at $200, $300, and $400 per semester respectively. A differentiation in rates for the classifically defined professional programs has therefore been in existence since the start of the tuition program. In each instance, nonetheless, the real charge to the student was substantially offset by awards made under the Scholar Incentive program. In establishing its new rate structure this year the Board of Trustees continued and extended this pattern of differentiation, not only by adopting a proportionately greater increase for professional school students, but also by extending the definition to include professional programs in mentioned that New York State residents attending the Law School are eligible for both Scholar Incentive Awards and State University Scholarships. Students in the greatest financial need (that is, those from families with net taxable incomes of less than $2,000 the standard used for determining maximum awards under the Scholar Incentive program) are eligible for $600 per year under Scholar Incentive and $600 per year under State University Scholarships. That is, they would actually attend tuition free. A more difficult situation admittedly - . The previous method of financing.. .was to get bond issues approved in a general election. .Since 1963, the Housing Finance Agency sells been created for the who are not eligible has students THE SENATE STATE OF NEW YORK Law students who were shocked to find their tuition increased 50% last September should expect another unpleasant jolt next optometry and pharmacy. Whether additional September when it will go up another $400. Last spring's initial plan was two-fold, projecting a rise for law programs in the University should also be students from $800 to $1200 for 1971-72, and a subsequent hike included under the classical heading of from $1200 to $1600 for 1972-73. This would have effectuated in "professional" is now under review. In all two years a 100% boost in the cost of legal training. instances, however, the tuition charged remains Governor Rockefeller's recent statement indicated a belief that considerably less than the actual cost of private increased tuition will enable schools to become more instruction in each program. On the subject of financial aid, it should be competitive with state schools and thus relieve overcrowding as well as help alleviate the deteriorating budgetary situation. It is to be noted, however, that this latest gubernatorial announcement may treat the tuition raise presently scheduled for 1972-73 as a fait accompli, and may envision yet another increase theoretically designed to decrease the fast disappearing tuition rate advantage of state schools over private schools in attracting students. For those students presently receiving the full Regents Incentive award, though, the picture is not quite so bleak. The Office of Student Accounts reports that the University Scholarship will be increased, although whether it will cover the full amount of the raise or just a proportionate amount will be announced some time next summer. $ Supplement A Legislator's Response $30.00 4. New York Practice Total $19.00 5.00 $24.00 12.50 Regs Text Mimio 3.50 22.00 J 15.00 2.50 Supplement Tax Casebook $18.50 Supplement Text Code & Total TSTyupdiCENAC l osTs The following represents the typical book costs for a Junior student taking four courses which are normally taken in the Junior year. They are not the most expensive courses. It may also be noted that most Juniors take five courses in at least one of their Junior semesters. 15.00 Supplement McKinney's CPLR 5 moderate income for State University Scholarship support. It is hoped that as the of Law and Jurisprudence takes on greater responsibilities at the undergraduate level, additional teaching assistantships will become available as a source of support for law students. The facilities program of State University has been financed in large part from the income received through tuition, fees, and other sources of non-appropriated revenue. The inflation which has taken place in the cost of construction, combined with the scope of the present program, required the Trustees to announce an increase in tuition if the University was to meet its financial obligations. It would not have been possible for the Board of Trustees to make such increases dependent upon future actions in the field of financial aid by the State Legislature, for no agency of government can commit the Legislature to future appropriations. Regarding the allegation that law students are paying for the construction of new buildings from which they personnally will never receive benefit, and disregarding the societal benefits of these facilities, the point is certainly true for all students at some time throughout the entire University system. Students at the University of Buffalo, for instance, contributed tuition funds for the payment of construction costs at many other institutions throughout the entire decade of the 60s. As we move into the 70's, however, students elsewhere in the State University will 1be contributing significant sums toward the construction of the Amherst campus. Perhaps it is important to note that the first academic facility scheduled for completion at the Amherst campus will be the Law School. The Law School is not considered to be a separate institution by the Board of Trustees. It is an integral part of the State University of New York at Buffalo. Nor is any institution per se represented on the Board of Trustees. Members arc appointed by the Governor with the consent Faculty of the Senate. The concerns you have raised perplex all of us, and we must carefully review how the appropriate shares of University costs should be borne by federal and state government, students, and other external sources of support. Any detailed suggestions students might have would be welcome. contracts before . a facility is completed. These loans are repaid from the proceeds of the sale of bonds. .By law, the State Treasury must be repaid within six months of the end of the fiscal year in which the facility is completed. The bond money is used for this purpose. became effective. .and the trustees imposed.. .tuition. (The trustees) may assign any or all moneys received by the State University to bonds.. .to private investors, primarily banks, to finance the State University (S U NV construction). The Construction Fund 355(5)). Law bonds are paid off by tuition (Education moneys over a 30-year (The Construction Fund) was period. created in 1962, at the request of Governor According to The New York Savings? Rockefeller. It has planning, Red Book: During this 30-year period Among the cutbacks recently design and construction, the buildings belong to HFA announced were: 1400 jobs now responsibility for all SUNY paying and SUNY is except vacant will be eliminated, construction projects, a rent tenant. When the bonds are building maintenance will be dormitories. repaid the buildings become reduced, libraries will purchase Here, it should be noted that SUNY's property. During the half the number of books and in his new budget, Rockefeller planning/design/construction periodicals as purchased during proposed a 31% reduction in stages of a project loans, the current fiscal year, and Construction Fund staff. Work called "first instance over-all health services will be now being done by the Fund appropriations", by are made curtailed (Buffalo Evening News, will in the future be done from the Stale Treasury. This Jan 19, 1972). One savings SUNY Central the enables the fund to make device which apparently was not Administration. necessary payments on adopted, although it was The report continues: JOHN J. LaFALCE considered, was the fact that "up to $ 15-million could be realized in previously unan t i cipated savings in the of out closing capital-construction financing agreements" (N.Y. Times, Dec. 26, 1971). This is not hard to understand when you have trustees who are directors of banks which include Marine Midland Grace Trust (NYC), M &T (Buffalo), and Chemical Bank New York Trust (NYC) (a trustees' husband). Which way for SUNY? A v n iversity system of national repu ta tion which provides a re ali stic possibility of higher educational opportunity for those traditionally excluded from the private universities. Or a 'set 'of regional colleges accessible only to those who can pay (or are willing to get up to their necks in debt)? - �Pilot February 3, THE OPINION 6 I^j72, IQO Police And Students Ride Together by Rosalie Stoll It wasn't quite Adam-12, but rather a real glimpse of a very real institution my ride with the Buffalo very - Police Department. Pilot-100 is a program begun almost a year ago to facilitate relations between students and the police department in Buffalo. John Eagan, a UB grad student, helped to organize the program, whereby UB students may ride with patrol cars in either Buffalo or Amherst and observe the police in action. (Key word here is observe!) The 6th Precinct House, located on Main St. next to KB, appears at first sight a most formidable institution. There's a police radio constantly blaring out calls, a large poster citing sections of the Penal Code on the wall, a row of machines that flash colored lights and a water fountain that won't turn off. Tuesday, Jan. 25th 1 rode with John and two officers from the 6th Precinct in a patrol car for several hours. One of the busiest precincts in Buffalo, 6 encompasses some of the safest and some of the most dangerous territory in the city. One this particular freezing Tuesday, calls were quite slow, although a junkie had been picked up a short while earlier. One policeman still had the evidence th ree filled glassline envelopes in a cigarette pack. He tossed it lo me in the back seat to look at, but later carefully (and only half jokingly, I'm afraid) recounted the envelopes. Our first call was on a missing girl. AI her home, the officers interviewed her family and a girlfriend. Harly in the interview an obvious problem was detected by one officer between answers by the friend and the family. A great deal of psychology was subtly used and in a short period the basic problems underlying the runaway became apparent to every non-family member. "No, she would never hitchhike" from the mother, while a wry smile and a slight . checked and one car was stopped, but not even one traffic violation was issued. about the What we did do was rap role of the policeman, both as an individual and as a professional law - knowledge. Now, with a change in hierarchy in the police department, more confidence in the arresting techniques of police officers has been generated, and law students are allowed, and - - nod came from the girlfriend. Later a call came to check for a certain license plate, so for a while we just d rove around looking at plate numbers. Then a harrassment call came. John and I weren't invited in on this call, for problems of this type are apparently quite dangerous. The c ntered expectantly, but returned shortly, relieved that there had been no actual physical danger, but rather a threatening phone call. One policeman stayed for a short while and calmed the recipient. policemen A fire alarm touched off our next call, and while the firetrucks put out a small rubbish fire, the policemen i collected information, spoke to people, and directed traffic away form the scene. - And that was it we didn't arrest anyone, engage in any high speed chases or even make a raid! Quite a few bars known as possible trouble spots were Mailing enforcer. We spoke of attitudes and the relativity of certain "crimes" and priorities in law enforcement. The need was emphasized for more black policemen and people who understand and want to work with the community. The role of women in the law also came up the roles they play in committing crimes to enforcing legal sanctions. Prior to going out with the police, students are asked to fill out a questionnaire concerning attitudes toward - law enforcement. Later, another law students weren't questionnaire is distributed to ascertain changes if any. Several discriminatory factors had been built into the program, but some with time have been changed. Originally allowed to participate, possibly for fear we would harangue offenders alleged with our encouraged, to observe. Women still are not allowed out unescorted. The reasons behind this are quite nebulous, but it seems to boil down to a mistrust on the part of the wives of the policemen and a belief by m any concerned in the inability of women to defend themselves. Although, miffed, I personally found this policy to have unexpected consequences, since Dr. Eagan knows more information and anecdotes about the internal workings of the police department than 1 could have learned alone out just one time. Altogether, the program is fantastically informative for any student who ever expects to deal with the police either in the courtroom or in the streets. Any student who is interested in participating in Pilot-t 00 should call 831-4847 Monday through Friday from 5-6. Law Student Spots UFO Several persons are reported ' to have noticed a strange expressionless figure making passes back and forth over the Statutes of Liberty, two inspiring commercial monuments positioned atop Liberty National Bank in Buffalo, New York. Somt' of my fellow law reality of that moment. Outside the window was a medium sized man with horn-rimmed glasses, hovering like a humming bird around the eleventh floor of the Prudential Building. On his back a fore mentioned tanks. My mouth hung agape as 1 watched the man duck himself into the window of the Dean's Office. Quickly assembling my wits and courage, I went about the "democratic law school has acquired secondary meaning," "Paris is more scenic than Buffalo," and "I'm a Harvard man myself". Suddenly, there was another thunderous report, succeeded by a languishing moribund swish. elections," "China of becoming overly involved. This piece is written for the benefit of those students apprehension as well as any other people who may also have witnessed this hitherto inexplicable occurence. Who, or what, was that un identified flying object buzzing our upstanding Statutes of Liberty? The answer came to ~""ine while making a routine visit to Dean Schwartz Office about a non-political question. The Dean was busy, and I was requested to wait outside his office. While waiting, I heard a loud thunderous noise, in volume to an , pitch like the lift-off of an Apollo Mission. I glanced out the window behind Belling end Hrrad Unidentified Object passing over caught by our alert photographer. the Liberty Bank Building is insufferable Mrs. Nelson's desk and observed it was by an incredible sight ,far easier to believe that I was hallucinating than to accept the - not been waiting too long. But out?" "Of course, this building may my c xpression was impassive and insensible, thereby putting be old, but it's quite well everybody on the floor at ease. fireproofed. Just a few papers While seated, I could hear and hairs. Well, let's see, occasional remarks coming from according to this dosier, folder, the Dean's Office. A Teutonic I mean, you're really a pretty voice iterated, and reiterated, good student. Guess we can let L pro tc c t ive reaction strikes," you go this time. There is just ' students, who were obviously very upset about the matter, confided their observations to me, although these students did not take the matter further in were two huge tanks with handlebars' twisted around to the man's front. Jets of smoke and noise emitted from the holes on the bottoms of the business of waiting as though absolutely nothing had happened. The secretaries gave me instantaneous glances, ostensibly to make sure I had by Alan Minsker Human coughing sounds were distinctly audible. One minute passed, then five more in chronological order. Then slowly the door opened, and a secretary became visible, Her hair and face were covered with ashes. Hesitantly, she withdrew a handkerchief from her nose, and signalled me into the Dean's Office. As I entered the Office, I noticed that the secretary had tears in her eyes. After a few minutes, the Dean recognized me, and asked for my "complete folder". He was noticeable distraught. one reservation." "Yes sir," I stuttered while regaining my color. "If we let you graduate, you must promise never to reveal the name of you know who. It wouldn't be fair to the rest of your classmates,' you understand." Nodding in affirmation, I left the Dean's Office. That night, Dec. 17, 1971, I called my friend Jack in Washington. Jack told me he couldn't use my story, "A. because it's incredible, and B. because you didn't bug the office so's you could give me words. Better luck next time, kid." Well, the next time, 1 had better luck, but that's another story. Meanwhile, I'd like to find a way to graduate while still revealing you know who. At any rate, our "Hope you didn't mind waiting while 1 chatted with country is in good hands, and the statutes of Liberty are safe. Hank," he chuckled. But you might want to lock "No, no that's perfectly all your windows, draw your right. Are you sure the fire's curtains and shades, anyway. Hank's exact �Febriiacy .3, .19.7.2 -THE O^ION ... Student-Professor Swap Ends Up In Tax Court by Lucian Parlato The local Commissioner of Internal Revenue has joined as defendants in a tax proceeding a law student and his professor. Lucius Q. PadJlefasl, of Windfall Rd., Amtowaga, the law student; and Prof. Larry Bel Dotto, of Apple Tree Rd., Orchard Village. The bill alleges that both Paddlefast and Bel Dotto failed to report income of $500 in each of the past two years. The amount represented, according to the Commissioner's complaint, "the reasonable value of services exchanged between the two defendants." "Defendants had worked out a scheme whereby Bel Dotto would arrive every Saturday afternoon during the growing season and mow Paddlefast's lawns on Windfall Rd., both front and back. "On the basis of a lot one quarter acre large, assuming use of a non-power mower, it is reasonable to estimate cutting time of defendant Paddlefast's lawns at one hour per week. "Since defendant Bel Dotto is a highly-paid law professor, the reasonable value of such personal services rendered would be no less than $25 an hour. Multiplying this figure by four gives a monthly amount of $100, which multiplied again by five, for the 5 months of the growing season, results in a total value of $500 to defendant Paddlefast," claimed the Commissioner. "Defendant Paddlefast cannot avoid liability for this imputed income," argued the Commissioner, "by relying on Internal Revenue Code Section 102 which exempts value acquired by gift." This was no gift on Prof. Bel Dotto's part, as he had received a promise from his pupil Paddlefast that in exchange for mowing his lawn regularly on Saturday afternoons, Paddlefast would perform similar valuable services for his law professor. "It is not denied by defendants that every Sunday during the same two growing seasons, defendant Paddlefast journeyed to Orchard Village to the 100-acre estate of his law professor Bel Dotto, and there spent the entire day spraying and trimming Bel Dotto's apple . a trees. ■ "It is further admitted that Paddlefast had to return several times during the week to keep up with the rapid growth of fruit on the trees. "Paddlefast admittedly spent far more time in his instructor's apple orchard than the latter spent on his lawn. But it had been set by previous agreement that there would be an even exchange of services, justified by the fact that the professor is much more highly-compensated than the student. SBA BUDGETS "Therefore, Bel Dotto must be charged with having received valuable services from Paddlefast in the amount of $500 exactly equal to what he had given. Paddlefast must similarly be charged with $500 of income per annum for value of services received from Bel Dotto. Prof. Bel Dotto appeared as counsel on his own behalf and also for his co-defendanl Paddlefast. "As an expert in the field of Attenuated Subtleties, 1 wish to dispute the Commissioner's allegations," asserted Bel Dotto. He raised the defense that he and Paddlefast were not engaging in a commercial transaction such as would subject them to income taxation, but were carrying out a practical demonstration to illustrate a point of law. "The deal between Paddlefast and myself," argued Bel Dotto, was entirely for the benefit of my whote class in Attenuated Subtleties." "I was trying to show my students, along with Paddlefast's assistance, what the relationship is between horticulture and traditional concepts of the law." 'Everyone knows that we are trying to expand the scope of. the law and relate to everyday incidents in the lives of ordinary people. By my cutting Paddlefast's lawn every Saturday afternoon, I was showing him and my class that law professors are capable of physical labor as well as of distinguishing between the finest kind of attenuated subtleties. This I insist is a valid exercise of academic authority, if not my responibility in this day and age when professors have to cast off the aura of super prestige which has long blocked understanding between them and their note-scribbling students. "Paddlefast on the other hand, was discharging the highly important task of showing that a student can grasp a very abstract notion like the fruit tree analogy. "I could lecture for hours in my class on Attenuated Subtleties on how 'the fruit will be taxed to the tree that bears it, but the class mastered the idea much more easily by listening to a report of Paddlefast's experience in my apple orchard. He passed on to'his colleagues the very valuable lesson he learned there, Reading the informational special issue on the questions will afford harvesting all 200 bushels of apples, intensive international discussion, formulation of policy, and to the tree which bears it, is now firmly imbedded in the minds of all my Attenuated Subtleties students," concluded Bel Dotto. The Tax Court promised that it would attempt to sift the wheat from the chaff and deliver a ruling before the next growing season. ' , CLASSIFIED ■ POR SALE 1 Guitars & Banjos (New-used) Fine folk and classic guitars by Martin, Gibson, Guild, Gurian, Aria, Harmony, Alvarez, etc. Banjos 'L , " ° ° <?"? Th Opinion will only accept co, pmi a for th S rst 15 words *•» w $05 for each addiUona two words dr fraction thereof. NEED MONEY? THE OPINION WBBnc YOU vr»n NhbUS Earn money and help your student newspaper at the same time. Ad salesmen earn 15% commission on each ad they se "- more information stop by For Room 216b or see Chris Greene, Business Manager, The Opinion. 7 " ' gX!"^.'-"-^^ Buffalo Law School. ~ Lq ST LOST AND FOUND and found notices wiu be printed free of charge in The Opinion classifieds. It is advised that the student first check with Shirley's office for any book or personal item lost. by Harmony, Eagle, Gibson, & Alvarez. Dorogi dulcimers. Trades invited. Old guitars bought and repaired. The String Shop. 525 Ontario St. (Riverside), 7-9 P.M. Mon-Fri. Sat. 12-5. 874-0120. Ed Taublieb, owner. PERSONAL K. Soren We would like to print your poems but unfortunately someone walked out of our office with them. Please either submit more or stop by. Please excuse our security problems. _ Sbreami 3m.ag.et JVoveml>er JViykt Dusk enhancing night advancing solar spheroid failing fast Fir trees shudder windows shutter wraith mists twisting snaking past Stars appearing lost ships steering glaring wanly from the sky Dead leaves flutter storm clouds mutter petrels fleeing with a cry • Mountains leering stone teeth rearing mocking midgets at their feet Cloud abrading for parading lofty heads encrowned with sleet Man surrounded but unbounded naked forests breathe the dark Echoes sounded and rebounded from the trunks and branches stark Windows sightless hallways Sightless empty houses on the beach Seagulls sightless soul delightless clutter dreams gone out of reach Lonely benches seaweed stenches dreary hideouts long forlorn Sadness wrenches storm cloud drenches faded photos ripped and torn Night deriding wraithmoon riding, ghostly frigates shorn fron Ever striding soundless gliding heedless of the gloom below Empress paling slowly sailing deprecating city lights Silver grayling wolfgod railing oriflamme of arcane rites. snow Crystals growing silver glowing battlement against the warm Light distrusting heart encrusting pale carpet tempest born Snowy bastion everlasting blocking passage to my dreams Darkling madness silvered sadness twilight image stillborn schemes. Michael L. Montgomery Notes From Elsewhere NO FAULT DIVORCE Columbia Law School is in the middle of a financial crisis, due in large part to a slightly incredible $3,000 deficit on a coffee and donut hour. Comments included an examination of the SBA budget amounts of other New York Law Schools which may be dimly by Michael Montgomery enlightening. Albany Law School $12,000 $10,615 Brooklyn Law School Columbia Law School Fordham Law School Hofstra Law School NYU Law School New York Law St. John's Law FCC CONFUSES ME Law School News $2,000 POLITICAL PARTICIPATION The Gavel Cleveland State University Alton Bowens and Rowland Kidder of UB Law have successfully put their principles into action by winning their respective races for public office in the $17,000 $10,000 last elections. Four students at Cleveland have also moved $7,500 into the political scene by becoming the youngest members on the Cleveland City Council. Columbia Law School BLACK CONTROVERSY Washington University Law School The Advocate Actually, it's not that the workings of the FCC are it's just that this particular example of so confusing A controversy is raging at Washington over the continued attendance of 6 of the 10 Black students bureaucratic monolithism never does any good. Or at least so says Nicholas Johnson, "one of the seven admitted last year under a special admissions program. Upon hearing that they had failed their Freshman members of the Federal Communications Commission. According to the .views of this outspoken year, they decided to act through the Association of Commissioner, the FCC provides lessened competition Black Law Students to gain reinstatement, which sent the compiled grades to CORE, ACTION, NAACP, the in broadcasting and restricts valuable technological advances in cable TV and domestic communications NBA, and various Congressmen. The purpose of the case before the Community was, according order bringing to satellites. Industry welcomes this regulation in keep competitors out of the media establishment. to ABLS president Sylvester Brooks, "to expose the Noting that President Nixon maintains a 30 man staff bad faith and insensitivity of Washington University a to set up the Administration's TV schedule, Mr. Law School in its dealing with Black students." At ABLS presented its Johnson felt that it was necessary "to educate the public meeting with press coverage, and convocation of the demand for reinstatement a they getting the fact that are American people to the Faculty considered it improper to messed over" by the collaboration between the White Faculty, while House and the broadcasters an accusation which deal with a group petition rather than on the merits of individual cases. would come as a shock to Spiro Agnew. $9,500 $2,500 - - The concept of no fault divorce, first introduced in Buffalo by the erudite comments of Allen Minsker published in this high quality rag last spring, may well become a practical reality in Missouri. Such a proposal is presently before the Missouri Legislature for approval, and is expected to be approved by 1972. The procedure would consist of a 90 day residency requirement and little else. Traditional grounds for dissolution would be swept away and replaced by a simple finding that the legitimate object of the marriage vows are no longer present and that the marriage is irretrievably broken. Modification of support decrees may be obtained only on 2 year intervals, and attorneys will no longer need the consent of the client to petition the court for the award of attorney's fees. It would seem that Missouri is being Reno-vated. STUDENT SUICIDES Adolescent suicides are apparently on the rise, for the information of those of you who find that your hands get shaky when staring at that ugly apparition in the mirror for the ritual shave. Problems increase, and are usually incapable of satisfactory resolution, according to Dr. Paul Popenoe, with death seeming to j be the only alternative. A rational choice, that of says the good Doctor, for both high school, death particularly the college, and Graduate students latter. He found a strong relationship between student suicides and dropping out, citing Stanford Law School which has one of the highest dropout rates (67%) and, a correspondingly high suicide rate. - - �February 3, 1972 THE OPINION 8 FilMOPRGUASB TUdENTS Feb 3 Fet>ls STAGECOACH THE HORRORS OF DRACULA capen 140 free 7:00&9:00pm British 1958 color-scope 82 ro Christopher Lee, Peter Cushing Directed by TERRENCE FISHER One ol Hammer studios (inest products and, Todd Browniny's version aside, the best anil mosl bloodcurdling of accounts ol the "Prince of>f mm in Darkness". Sub Board THE GOOD, THE BAD, AND THE UGLY conf theotei adm. chg.>■ Clint Eastwood. Lee Van Cleef. & Eli Wallach. respectively Directed by Sergio Leone Feb 4 FOR A FISTFUL OF DOLLARS conl. the-ne* sdm chg. Clint Eastwood Lee Van Cleef Directed by SERGIO LEONE Feb 5 FOR A FEW DOLLARS MORE cont. theater adm chg Clint Easl'.vuod, Lee Van Cleef Directed by SERGIO LEONE Feb 6 THE GOOD. THE BAD, & THE UGLY conf thcaa-r j.im.chg These aic the films which the whole "spaghetti western" genre. Feb 3 Since Leone is now back at making films and a new one ii expected opportunity to have one he" of a goodtime at the moves. A WOMAN IN THE DUNES uapen 140 tree Japan 1964 t>&w 123 mm 300 8. 800 (>m Eijd Okarla & Kvoko Kishida Directed by Hnoshi Ti'shigahara Famous allegoiy of a man & woman held captive dt the bottom ol sandpit Is reminiscent in tone of a great deal of contemporary Euiopean literature and theater {Kafka. Pinter. Beckett) Feb 8 IT'S A GIFT! free capen 140 U.S. 1934 b&w 73 mm 3.00 & 8:00 pm W.C. Fields Bjby Li-Hoy Tommy Bupp Directedby NORMAN Z. McLEOD raie Feb 7 j can't be orange ranch. Many venture (histo be Field's lar from it. Join in the search lor Carl La Fong. an best Feb 11 THE HIRED HAND U.S. : conf. theater adm.chg. U.S. 1971 b&w 92 mm. M. Nixon by Produced EMILE DE ANTONIO Camera by ED Directed & EMSHWILLER, MIKE GRAY, BRUCE SHAH, RICHARD KLETTER Edited by MARY LAMPSON A New Yorker release. A documentary on the career and personality of Richard Nixon based on old footage of the famous incidents of his life and new interyiews with people acquainted with him. A decidedly unflattering portrait; however, not likely to offend those who already accept the President as he was, and unfortunately, is. A great opportunity for you newly registered voters to hear the infamous "CHECKERS SPEECH", and to see the Nixon of the Fabulous Fifties. The Camera wilt not lie) Feb 18 WHERE'S POPPA? conf. theater adm.chg U.S. 1970 DeLuxecolor 90 mm George Segal Ruth Gordon Ron Leibman Trish Van Devere Directedby CARL REINER The trade publication Independent Film Journal says of WHERE'S POPPA, ".. .By far the most tasteless movieof ihe year. li was also starring: Richard conf. theater adm. chg. 1971 color 93 mm Feb 10 BANANAS conf. theater adm. chg. U.S. 197) color 82 mm Woody Allen, Louise Lasser, Carlos Montalbon, Howard Cosell Directed by WOODY ALLEN Allen's spoof on movies {actually Cinema with his "quotes Irorn Potemkin and Qoddard) and T.V. {Howard Cose 11's bizarre sports events) is the latest attempt he's made to blemish his career cis a cute, funny guy. This film is absolutely evil in it's satire. He also pokes at and Psychoanalysis. Feb 19 MILLHOUSE: A WHITE COMEDY a film which drifted through town with hardly any notice, Fonda's directorial debut is a rather gentle piece about two drifters who, after avenging the death of a friend, decide to settle into a Unfortunately, Feb 20 WHERE'SPOPPA? quiet, domestic life. There are highly expressive performances, and some exquisite cinematography by Vilmos Zsigmond, who wascameraman on "McCabe & Mrs. Miller". A lovely little film. Feb 21 THE RABBLE conf. theater dee Japan 1965 color/cinemas cope 120 mm 3:00 & 8:00 hu-i Somegoro Ichikawa, Yuriko Hoshi Directed by HIROSHI INAGAKI Inagaki turns out samurai filmsthe way some American directors in Ihe 50's cranked out Westerns, and his are invariably epics, (real lush & Feb 12 BANANAS Feb 13 THE HIRED HAND Feb 14 STRAY DOG Japan 1949 b&w ~" an ,iil niir and rather outrageous attack on possessive motherhood, with George Segal as Gordon, the son, and Ruth Gordon as the clammy mother, "Should offend everyone"'lFJ I.iimliii-'.i BRUCELANHORNE came to see it last November, but we received a damagedprint and felt it wiser to cancel altogether than put up with constant breaks. This is a cinemascopeand, hopefully, betterprint. . Feb 17 MILLHOUSE AWHITE COMEDY Peter Fonda Warren Oates, VernaBloom Directed by PETER FONDA Camera: VILMOS ZSIGMOND MUSIC: film and it capen 140 Feb 10 THE FEARLESS VAMPIRE KILLERS free US 1968 color-scope mtn 7:00 8(9:00 pm Roman Polanski, Sharon Tate, Ferdy Mayne Directedby ROMAN POLANSKI Subtitled "Pardon Me But Your Teeih Are In My Neck", this completes our Polanski Festival begun last semester. Our apologies to those who marriage, revolution, (is nothing sacied?) Absolutely outrageous comedy. . of films presented daily at little or no cost by I through the University Union Activities Board. The films are usually presented in the evening and admission varies from free to seventy-five cents. The usual showing places are the Conference Theatre in Norton Union, Capen 140 in the Medical School Building, and Dlefendorf 147. The films vary, art films, campy flicks, and older classics alternating with those recently released. No I.D. card is required for the free films, but a validated card must be shown in order to purchase tickets for those films for which admission is charged. In addition to excellent films, the program is often supplemented by good cartoons (such as those by the Canadian National Film Board) and shorts. The following is a listing of the films which will be presented in the next three weeks, courtesy of Ihe University Union Activities Board. Feb 3 Feb 6 A LEONE TRILOGY dream, capen 140 free U.S. 1939 b&w 99 mm 3:00 & 8:00 pm John Wayne, Claire Trevor, Andy Devine, John Carridine by Directed JOHN FORD This is Ford's classic Wesiern which focuses on the relationships between an assortment of stagecoach passengers, each for individual reasons in a state of exile. Thomas Mitchell received an AcademyAward as the drunken doctor. Beautifullyphotographed and richly styled. caper. 140 free Feb 17 THE PARADINE CASE U.S. 1947 b&w Ilsmin 7:00&9;OOpm Gregory Peck, Ann Todd, Charles Laughton, Alida Valli Directed by ALFRED HITCHCOCK ". .The story ot the PARADINE CASE is about the degradation of a gentleman who becomes enamored of his client, a woman who is not only a murderess but a nymphomaniac. ."Alfred Hitchock, A beautiful Woman is on trial for poisoning her husband. Peck, as her attorney falls completely under her sppll tossing him into a quandry Romantically photographed by Lee Garmes. Yon Sternberg's of the major advantages for the student whose Law School is part of a major University is the recreational facilities available there at low cost. A major part of these at the University of Buffalo is the excellent program One in Feudal Japan. capon 140 free Feb 22 THE MAGNIFICENT AMBERSONS U S 1942 b&w 88 mm 3:00 & 8:00 pm Joseph Gotten, Dolores Costello, Anne Baxter, Tim Holt, Agnes Moorehead Directedby ORSON WELLES from the novel by Booth Tarkington This is Welles' follow up to CITIZEN KANE and, in many ways, is equally exciting. A brilliant drama of a family unwillingto change it's way of life with the times. conf theater free 123 mm 3:00 & 8:00 pm Toshiro Mifune, Takshi Shimura, Keiko Awaji Directedby AKIRA KUROSAWA Mifune plays a detective in postwar Japan who with his colleague, Takshi Shimura, chases a thiol, a stray dog, throughoutthe various strata of the Tokyo underworld. A suspense siory told at a breakneck opinion Begins During the week of February 6th through the 10th The Opinion will be recruiting students to work on the newspaper for the remainder of the semester and next year. In order to facilitate this recruitment, a table will be set up in the main lobby of the Eagle Street building at which students may indicate their interests in various positions or ask questions about the operation of the newspaper. On the following week, the Editorial Board will select the person who will be the Editor-in-Chief of the paper for the 1972-73 school year. This person will serve as Assistant Editor for two months prior to assuming the Editorship on April 14th, 1972. The following is a brief description of some of the positions which will be filled on next year's staff. All students are invited to inquire and/or apply for any of them. - responsible for managing and Edior-in-Chief directing the newspaper and for its Editorial content. Also fills 'in positions which are not staffed. (This year's stipend $500) Managing Editor collects, organises, and prepares articles. Also responsible for circulation, - - including mailing. ($5O) Production Manager designs layout, prepares for printing, works with photographs and graphics, and supervises final paste-up of newspaper. ($300) Business Manager keeps alt financialrecords, pays all bills, also responsible for advertising, sales, and promotion. ($200) copy - all for all all S.B.A. - solicits and edits all News Editor articles. ($5O) Article Editor articles. S.B.A. Editor and activities. Feature Editor feature articles. responsible responsible reports on for news non-news meetings lengthy Editor Photography - responsible for all in newspaper. The above Editorial Board personnel have a number of people who work in each department. A brief summary of these follows. writers who contribute articles Reporters about events in the Law School or on matters of interest to law students. These are sometimes photographs - assigned topics. - Columnists writers who regularly write articles expressing their opinions on subjects of interest to law students. Production Personnel this a big category. - It includes those who type up articles, those who help in layout, paste-ups, copy-readers, etc. Photographers these people mainly take assigned photographs for the paper using either the newspaper's cameras or their own. All of the photographic process is done by the newspaper, since we now have a completely equipped - darkroom. Graphics - we have not done an extensive amount of graphics in the past but we are eager to increase the output in this area. This includes drawings, cartoons, etc. ■ Other- Really, anything can be done and will be considered for the newspaper. This includes poems, crosswords and other puzzles, etc. Salesmen — advertising salesmen are always needed. We are finally getting into this and are getting a good response. Salesmen earn a commission of 15% of the price of the ad sold. This is only a quick glance at the operation of the paper,and questions from students are invited. If you wish to apply for any position, or are interested in doing anything on the paper, you may want to use the form provided below. We would like to see as many students as possible come out and work for their paper, so please stop by. . RECuitnG dRIVE I ' The Opinion I am interested in working on The Opinion. I 1) 1 would like to begin work a) this semester I next fall I | I 2) I am interested in the following Editorial | I Board positions: . I I 3) I I I I News Editor I am interested Photographer____ j I j . Ad Salesman Other Not interested Columnist Production___ j j in contribute an article to the j staff position, i j but would like to think j I Name Address Class Ij Phone I COMMENTS: -.!■. following staff the Graphics 4) I would like to paper a)Yes No .■l.l-' in Reporter 5) I am interested, I about it for a while I J Article Editor S.B.A. Fditor Feature Editor Photography Editor No Editorial Position Managing Editor Production Manager Business Manager I postions: I I . . 1 Editor-in-Chief , | j j , ■ ■ I ■ ■ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1972-02-03 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 2/3/1972 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6203e12109ed80de3ba68a60d90e458a.pdf 65f23b30a81cc07700525cf28a00503e PDF Text Text Non-Profit Organization U.S. Postage PAID BUFFALO. N.Y. PERMIT NO. 708 The Opinion 77 West Eagle St. Buffalo, New York 14202 THEOPINION Volume 12, No. 6 State Univanity of Hew Vorfc at Buffalo School of Law December 16. 1971 Placement Office Flooded With Job Offers The Law School Placement Office this week announced that the total of unfilled legal positions on tile has risen to 316, an increase of 47 from last week. "I don't dare gi> near my o ft ice," commented Registrar Charles Whalen "ihose interviewers arc really desperate." In the interest of fairness a system of sealed bidding was instituted on Monday. Whether this new process will help to alleviate the situation is still unclear since it was found that the first student, lor whom 238 bids were received, had left the Law School and returned to his home, a commune in eastern New York. When reached by phone. Franklin Popovich, a first-year student, outlined his reasons for leaving. "Like the pressure was too much, you know, calls day and night, money slipped under . the dour. .. my girlfriend w;is even offered a loom. like too much." Before we hung up, we promised noi to reveal his location, as several firms were trying to ship a tractor out to the farm. The situation seems just as tense as that of two months ago. when recruiting in classes threatened to eliminate the last refuge for students. The cheek-in system seems to have solved this problem although isolated incidents of bribes are sporadically reported. "I don't know what to try next," said the Registrar, "we try to be fair, but only so many interviewers can sign up for one student." So tar the sign-up sheets are filled through llW) with interviews scheduled from 6:00 A.M. to (Cont'd on page nine) Law Women Elect President One of the The results from the recent Law Women election were announced 1a st Friday by out-going President Barbara Anderson. "I was really surprised." remarked Preside n I-!i lee I Robert Caldom, "My campaign was really low key and I didn't think that the (cont'd on page seven) Plan for the Shyster's new Dome stadium is inspected by students. Financial backing is being supplied by the SBA and Sam's Parking Lot. "Switch Day" a Success The first annual Law School "Switch Day" was proclaimed a success by all concerned, although some friction may have resulted. The program, in which administrators and faculty switch places with their secretaries for one day, took place last Tuesday. Participants reactions were somewhat mixed, but all agreed that a new awareness had been fostered by the program. "I thought the day would never end," cum men ted Associate Provost William G ric n c r one o t' three administrators who look the place of Secretary Fat Taylor. Reactions among the faculty were along the same line, with several spouting bandaged fingers at the end of the day. Students polled generally agreed that their classes were , "really informative" and "the most interesting this year." Asked how she had acquired the knowledge necessary to conduct a class, one secretary remarked "who do you think writes all those handouts you get every day?" Plans Tor next years program will include (cont'd on page four) in promoting fail law enforcement." of the organization. Captain Richard DoGoode, commented that "the Observers ,, really make our job easier. "We hope to increase cooperation heI ween the police and the Observers in the future," he added. The Observer's chairman The Presidem Bookstore Announces 40% Price Cut A forty per cent price cut has been initialed immediately by (he Law School Bookstore on all law lexis. Several factors have been elemental in this- reduction, the principal one being the new line of paperback texts. "The publishers are really out lo help cut law sludcnl costs," commented Mary Lou Palcsh. Bookslorc proprieirix. "I can't see how they could be more cooperative." In additon to the text price cut, ihe Bookslore announced thai n would no longer carry canned briefs, outlines, and hornbooks since these are could not be reached for comment but it was (cont'd on page six) All articles on this page are real and the world, fortunately, is fictitious. They were written in the spirit of the season and we hope no offense is taken. now piovided through administration funding. being "I Legal Observers Receive Grant A grant of $500.00 has been received by the Law School Legal Observers. The doners of the grant, the Blue Badge and Silver Whistle Club. an organization of Buffalo Patrolmen, said thai the money was given in recognition of the '•meritorious service and exemplary effort expended by the organization innovative new attempts to cope with the present crisis; group interviewing. Actually this isn't a formal interview but shows what happened when a student accidentally wandered into one of the "unrestricted" areas. As one student commented, don't see how we got along (cont'd on page seven) 'That will be 51.95" says Mary l.ou Pah'sh to one of the first students to take advantage of the price cut. Spirit Prompts Cut The Western New York Businessman's Association announced yesterday that all prices in retail stores will be reduced twenty percent for the holldfiy season. A release by the Association stated thai the purpose of the price cut was "to promote the spirit of giving throughout the community." The statement further slated that it is unfair for merchants to hinder this spirit by maintaining the normal nonholiday prices." "Sure, we might take a small loss." commented the Association's President, "but what is that compared with the good will and spirit of cooperation that the (cont'd on page three) �December 16, 1971 THE OPINION 2 Editorial LetrsTE hoe ditor H and HD Must Go The myriad problems that have arisen since the implementation of the new grading system two years ago attest to the fact that it is a failure and that it must be revised. As originally conceived, the system of pass-fail had considerable merit and was certainly superior to the numerical grading system it was to replace. By eliminating artificial distinctions among students with approximately the same averages, it promised a fairer evaluation of their academic achievements through letters of recommendation from their professors which would be inserted in their records as a supplement to their grades. Unfortunately, this system was compromised by those who still favored a multiplicity of grades and included, when adopted, the additional grades of H and HD. It was the addition of these grades which destroyed the originally conceived pass-fail system and led to what many interpret to be a modified A,B,C,F, system. The results were disasterous. While some professors awarded HD's as they would A's, others took it to be a rare animal to be awarded to a brilliant student once in two years. Likewise the H was considered by some to show "better than mediocre" work while others considered it to be a mark of high achievement. If confusion inside the Law School was great, outside it was almost total. Employers took the conservative view and took Q's to represent average, "fair" achievement, which resulted in many students finding themselves at a severe disadvantage in competing with students of even clearly inferior law decisions? Ira Fischer PAD Symposium To the Editor: On Wednesday, November 17th the Carlos Aiden Chapter of Phi Alpha Delta presented its third annual Symposium on the Law entitled Judicial Selection: Election or Appointment. Notwithstanding two months of preparation and planning and a fairly widespread publicity campaign the whole affair turned out to be somewhat less than a success. Amid the widespread controversy over the role of the courts in our society one would have felt that a faculty and student body such as ours interested would in a have been at least mildly free wheeling discussion by ™ OPINION December 16, 1971 Vol. 12, No. 6 - Editor-in-Chief- John R. Samnebon AaslHitEditor Vacant Managing Editor-GeorgeRiedel jolt came last month when the clerk of the Court of Appeals refused certification to a number to the original plans, a U was to be any grade from a low C down, but because of the H and HD grades, and the inevitable comparison with the ABCF system because of them, it was interpreted to represent an F. The solution to this problem must be obvious to all. We must reject the view that our experience shows that pass-fail cannot work. Pass-fail will work when it is implemented. The compromise plan only shows once again the flaws in the old system. The grades of H and HD must be eliminated. Only then, with the resulting stimulus for letters of recommendation, will students receive a fair evaluation of their academic achievement. Letters are welcome from alumni, and others. Please limit students, /acuity, letters to two typewritten pages. Send to: The Opinion, 77 West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. to methods of choosing these courts. Apparently To the Editor: The granting of tenure to Professor Al Katz, whose attitude towards his students is, in my opinion, one of "smug disregard," makes a sham of 'teaching ability' as the overriding consideration to be weighed by the schools tenure committee. They blew it again by this latest decision just as they did last year, when they dismissed Professor Steve Larson, who was alive and capable and stimulating in his classroom and, most important, concerned with his students. Were the students voices really heard in these schools. The final of last year's graduates partially because of the confusion of what a U on a record means. According local jurists and members of the Bar as those who preside over such was not the case as evidenced by the attendance of only two law students outside the fraternity and no members of the faculty aside from our advisor. Such lack of student support can either be attributed to a lack of interest in the particular subject or just plain apathy. The former could be remedied easily in the future, the latter, on the other hand, seems to be a creeping disease not so easily cured. The negligible faculty participation, on the other hand, bespeaks of the major problem facing this Law School in its internal operations: lack of communication. It seems that neither the students nor those in Prudential take the time to discuss their respective activities with each other. In this particular case the members of the Alden Chapter, as have members of other groups on different occasions, worked very hard to provide an educational experience for the whole school. For those who were there, the discussion proved to be both rewarding and lively. But an essential element was missing: support. The lack of this element was due to an inability to communicate. Its about time this inability stopped. This is a criticism of both sides and 1 welcome a response. Mark G. Farrell Justice Carlos Alden Chapter Phi Alpha Delta leading Tenure Complaint Photography Editor - - - News Editor Rosalie StoU SB. A. Editor Vacant Article Editor Mike Montgomery Feature Editor Vacant SamuelFried - Production Manager Vacant Business Manager -Chris Greene - Staff Writers Otto Matsch, Jeff Spencer, David Schubel, Mark Lillenstein Columnists Otto Matsch, Michael Montgomery, Alan Snyder Contributors Jonathan Kastoff Robert Rodecker Robert Brosius Photographers Samuel Fried, Chris Belling, Gary Masline Artist Steve Jaffe The Opinion is published every other'week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202.The views expressed in this paper are not necessarily those of theEditorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid c.ass postage entered at Buffalo.New York, - RiGHO T N! by OTTO MATSCH CLASSROOM CANCER The sign above the blackboard in room 110reads "NO SMOKING." On a good day you can almost see it through an acrid cloud as nicotine-sucking slobs incinerate old leaves and subject their classmates to the pollution of their disgusting habit. Similar signs adorn the other classrooms and the library; but there is no place in the entire Eagle Street "campus" to escape the fumes, for the polluters infest every nook and cranny and puff away with vicious abandon, ignoring signs, ignoring reason (the Surgeon General and the AMA inform us that smoking causes cancer), and ignoring the irritation of their non-smoking classmates. Without going into the psychological reasons of why people subject themselves to smoking, it is apparent that the smokers among us are inconsiderateand uncaringof the discomfort they inflict upon fellow students. Smokers constitute a small minority in the school population, say 20%. The rest of the students do not smoke because they find the practice to be foul, unhealthy and revolting. Yet the majority finds itself daily subjected to the oppressive habits of the slob minority who feel justified in torturing non-smokers for the sake of gratifying their own vile urges. The NO SMOKING signs are there, they seem to feel, to cover cockroach tracks on the walls, or to be defied for the sake of witless defiance, or simply to remind them to pollute. And so they squat in our classes belching noxious fumes and visualizing themselves as Marlboro studs, or as breathing fresh mountain air (!), telling themselves how cool they look with that cool weed dangling from their oh-so-cool lips, fantacizing about Humphrey Bogart and sexual gratification via the Salem scene out in the springy glade. - Not that students are the only ones to blame some professors are even worse. Some of the professors, Rickert and others defy the polluters and curtail the odiferous practice, forcing the poor dears to wait a whole hour before resuming their attack on the lungs. Some, such as Professors Gifford and Teitelbaum and others, ask the students not to smoke and thereby reduce the sinning, but take no action against those who, through forgetfulness or sheer hoggery continue to befoul the environment. And finally including Del Cutto, Laufer, there are the arch-demons whom some suspect are in the of the cancer industry: the professors who themselves smoke in class, inciting thenicotine fiends to puff even more and adding personally to the discomfort of non-smokers. Non-smoking students literally stagger out of Professor Mann's classes, vowing torush down to Lackawanna for fresh air. Professor Reis delights in denouncing industrial polluters while waving his cigarette. There are other malfeasors among the faculty who act similarly. Let's not leave out the library staff, who find it inconvenient to enforce theban on smoking in the library and pretend it does not exist. Bob Newhart did a routine about Sir Walter Raleigh making a telephone call to his boss in England, telling the incredulous gentleman about the four boatloads of dead leaves he was sending back. Walter told him about snuff, and about pipe smoking, and was justexplaining cigarettes. (What do you do with them, Walt? Wait, don't tell me, let me guess. You stick them in yourear, pay - right? Which is exactly what I suggest the smokers do with their cigarettes,pipes and cigars: stick them in their ears. �'"-'I" .■>; Ijij.r.'. -<i December 16. 1971 3 THE OPINION Moot Cou^t Desmond Competition Winners Announced On Saturday, Dec. 4th, 1971, the final rounds of the Charles S. Desmond Moot Court Competition were held in the Supreme Court of Erie County. First place honors went to Lauren Wixson and David Schubel. Finalists in the Competition were Jesse Baker and .Alan Liebowitz. All four are second year law students. Additional Awards went to Larry Brenner and Peter Clark for best brief submitted in the competition. Alan Liebowitz wasadjudged best oralist. The appelate arguments, which were based on the legality ofan eavesdropping device placed on an individual who was associated with an alleged radical organization, were heard before Retired Chief Judge of the Court of Appeals of New York, Charles S. Desmond, along with Matthew J. Jasen, current Judge with the Court of Appeals, and John Henderson, Federal District Court Judge of Buffalo. An Awards Ceremony and Dinner was hosted Saturday night by the Moot Court Board of the Law School at Kosteks Restaurant. Richard Evans made an award speech and reviewed the activities of the Moot Court. In attendance were members of the bench and bar, as well as faculty advisor Ken Joyceand Moot Court members. Costs of the dinner were underwritten by the SBA for the judges' dinners and the Law Alumni Association sponsoring Moot Court Board members. Moot Court Winners Jesse Baker, Alan Liebowitz, David Schubel, Lauran Wixon. 1971-72 SBA Budget BALSA OPINION Printing Photography Mailing Office . $2,368.00 540.00 580.00 :.. Duplicating Total $3,700.00 Total . Telephone ,212.00 $405.00 489.00 200.00 General Supplies-Office Convention Expenses INTERNATIONAL LEGAL STUDIES COMM: $1,094.00 Total Jessup Int. Law Moot $265.00 250.00 335.00 Court competition Host Belgium Law students Guest speaker Total LAW «,«nc»i WOMEN Literature for Distribution Child Care Preparation Convention 1 student to San Francisco Law Women's $850.00 Co ::::::::::::::::::::::::SS 180.00 . ' .... , $540.00 Hβ*? 30.00 40.00 50.00 '0.00 '5.00 60.00 $223.00 Total _ PHI ALPHA DELTA Symposium-Fall Honorariums.... : ....$250.00 Program & Misc I npenses Spring Semester; Ins "I 60.00 Court Seminar Total Fall . 2 Band parties 2 Beer parties - I"""" lunchroom :.;.. ( ■■■■ Papers -Legal' Information Sheet ,, N'« Allied NNewsletter l""' Mailing Newsletter Total ■ ■ l»«.«T»ft', »«eHUM ■ ; ■ / . $29700 t7»w I . . \\ R is.\ # U—v. :::::::::::::'ooS $173.00 DESMOND COMPETITION Honorariums Expenses Postage Awards Ceremony Misc $75.00 75.00 10.00 180.00 10.00 $370.00 NIAGARA COMPETITION , Tota (3| «-wi ml $370.00 $913.00 total CLSP l Cterica $50.00 Phone Typing Printing/Literature 250.00 '0.00 T 320 00 , , tO.OO LEGAL OBSERVER Armbands Redio expenses Tape-recorder expenses $10.00 90.00 30.00 1 ""' \ TX W 9 B '*^^^P^ $2000 To,a ON pense! Ivl ol Bill 315.00 .i*** 13, DISTINGUISHED VISITOR — jj %£ZlJS?T=:Z^\\"fEu* , Administration Cost Total sub-board "" '*""" $500.00 Fee r*»* 06ftfto X / $59.00 25.Um U 63.00 60.00 25.00 ° Ml*' \ \ m *{'*i »..•• »\j CONFERENCE NEW LAW I •-" **f •*' I '' C»*«-« , "1■lli.r.iki!.. * vr |!a!ffrr:.::::::::::::::::::::::::::::::!Sa '* J""" I XN. Jft., ' ' \iaLl*.\ NATIONAL LAWYERS GUILD """™ \ «0.00 3 Beer parties -iunchroom.... <: I -.'G*"»'"»l%»| \ M 5«7.00 ~,■,:.. -^^^^^^^^^^^^ I SOCIAL COMMITTEE Total $25.00 2^!^::::::::::::::::::::::::::::::::::^SS *IS.OO Supplies Postage Duplicating Telephone Mimeo-Masters File Typewriter o(fice $905.00 Total $670.00 LSSRC 180.00 25.00 National Moot Court Championship Syracuse. N.H. (trans.) Food Lodging Brief Reproduction Total ' 50.00 H.« """" ' — c TO,B $260.00 Speaker Expenses Administration Expenses 50.00 170.00 50.00 Office supplies GRADUATION COMMITTEE Frin|irlg Flowers MOOT COURT $200.00 150.00 55.00 General Office supplies Approximate, minus Amount gi»en to OPINION 36.00 $1,235.00 $1,800.00 �December 16, THE OPINION 4 S B A Unanimity On Beer Parties 10 December student committee representation to the SBA Essentially, for directorial delectation. this proposal suggests 50-50 faculty and student representation on most advisory committee on faculty For about the first time in SBA history, traditionally imbued with a contentiousness rivaled only by that of the Montagues and Capulets, the officers and directors gave unanimous support to an additional allocation of funds to support a beer wine and cheese party during the last week of classes. A request was made by Sally that the Social Committee procure a better quality of wine. Mendola FACULTY RESUMES. Fact and b ackground sheets on all but five members of the Faculty have been prepared and are now available at the Library, the Registration desk, Shirley's desk, and various and sundry bulletin boards. The resumes were prepared under the direction of Joseph Gerken and Tricia Semmelhack. FSRB COMMITTEE REPORT. Reed Cosper presented the fruits of the committees, particularly those with great influence on the Law School community (admissions, curriculum, tenure); power in the FSRB to make binding decisions should either the faculty or the student body dissent on an issue; and several alternatives for a representative assembly for the entire LAW School community with equal power in the faculty and the student body. Cosper noted that 50% student representation and power was not at all out of line with the trend in universities nationally. Comments were made that, as presented, the Committee report was unrealistic and might be useable only for the purpose of establishing a bargaining position. OPINION BUDGET. In presenting this budget. Treasurer Weinberg observed that this budget was increased only $90 over that previously submitted, despite the fact that the estimated $600 in advertising revenue was no longer being allocated to production expenses. Editor Samuelson stated that, in light of the total cut of office supplies, the paper would have difficulty in carrying on its activities. John Hayden and Yvonne Lewis suggested that The Opinion was a sponge trying to soak up all available SBA money, and the internal allocation of the original office supply fund for a typewriter was the paper's decision, and they should live with it. The revised budget of $2,500 was approved 14-3-2. PUBLIC GROUP. INTEREST RESEARCH Mary Anne Hawco suggested 197] by Mike Montgomery the Law School initiate, in conjunction with other schools, a student controlled PIRG. She suggested that in order to provide funding for the professionals employed by this group that the student body should approve a raise in activities fees of $4.00 for the year, which should provide an income of $2,500. John Hayden questioned whether this money would be used for the useful activities of initiating law suits, or for the useless activity of distributing a multiplicity of fliers to others who are equally impotent to accomplish things. Sally Mendola questioned the realities of student control in light of the considerable paid professional participation in the group. It was decided to initiate petitions to get student input on the suggestion prior to the next SB A meeting. that Last of Budgets Approved: Almost 3 December The first order of business at December SBA meeting was to the 3 direct President Morris to support the dissemination of last year's Faculty evaluation to the student body when that issue is brought before the Faculty-Student Relations Board. The next question introduced by Treasurer Weinberg was the approval of those student budgets which had not been considered in the stormy prior meeting of the SBA. LAW WOMEN. The three main items on this budget were fliers and street sheets regarding women's rights, the administrative costs of a day care center, site uncertain, and the approved transportation costs of $300 to a convention in California. Requested; $850 Approved: $570 Passed: $570 by a vote of 16-0-4. LSCRRC. Oriented toward legal research in the civil rights field to assist com m v nity groups and lawyers to ameliorate the problems of poverty and social injustice. The specific project mentioned was an examination of bail setting procedures in Buffalo. Among line items disapproved in committee were a subscription to the Buffalo Law Journal, duplicating the one in the library, and a request for intra-'city bus fare to and from downtown. Requested: $600 Approved: $223 Passed: $223 by a vote of 17-0-3 LAW WIVES. This organization was considered in committee to be external to the SBA. Requested: $380 Approved: $0 Passed: $0, by a vote of 17-2-1 CLS The budget of Concerned Law Students was divided into three areas, which were voted on separately. Reed Cosper outlined the Conference on the New Law, a 3-day weekend conference with guest speakers to be held in the Law School on March 17-19. The theme would be what a lawyer can do in his day-to-day work to promote social change. Initiated by a keynote address to set the theme for the conference, the group would then split into workshops around ■ previously-prepared working papers. Questions were raised about the need for allocating $100 for facilities when the Conference would be held for free at the Law School. Further centered questions pointed out that no speakers have yet agreed to appear. In regard to the Legal Observor's request for funds to recondition and maintain the radios and tape recorders, it was pointed out that maintenance is necessary to keep valuable but delicate equipment operating. DISTINGUISHED VISITORS. It was noted by Shelley Gould, the chairman of this committee, that the budget was <Ut because of the administrative merger of the Mitchell Lecture Fund and the Speaker's Program, and the number of faculty members speaking without charge. Requested: $2,200 Approved: $1,235 Passed: $1,235 by a vote 21-0-0 BALSA. It was pointed out that the by BALSA of a separate office away from the Law School in Westminster House entailed unusual expenses when the allocation of $489 for office supplies was questioned. Jesse Baker pointed out that the UB Law chapter is the regional headquarters for certain functions, and the only chapter in the region to distribute a newspaper. The local chapter is also the establishment National CoordinatorforBALSA's Attica concerns. The convention travel expenses for an affair to be run either in Chicago or A tlanta were considered to be necessary because this was the only means open to the National Chapter to provide a general direction to the associate chapters. It was stated that there is a triumvirate which runs Balsa, its three members would probably become the convention delegates. The allocation of $150 for a typewriter, rather than the $80 given and other groups, was defended on the grounds ■ tnat'-cjue of publicizing projected", Balsa 'needed a good durable electric typewriter. The suggestion that any unused typewriters in the Law Review office might be available was met with general amusement. Requested: $ 1,989 Approved: $ 1,094 Passed: $ 1,094; by a vote of 19-0-2 PHANTOM PHONE BILL Mark Farrell noted that Professor Manak has directed that the SBA be billed for the telephone of the Community Law Office, a function started last year by Charles Davis on an ABA-LSD grant. The SBA directed that an explanation be sought from Professor Manak or the Administration as to the billing., FACULTY RESUMES. Reed Cosper stated that the Freshmen have started a project to get resumes from all professors so that they may know a professor's interests before they sign up for a course. All the resumes are in and the stencils cut, and the reproduction costs would approximate $15.00. It was suggested in discussion that this project could be very misleading because a strong resume may shield inadequate teaching ability. A motion to accept the expense for this project by John Samuelson and Mike Montgomery was passed 10-2 with a number of abstentions. Marathon Meeting and Hot Tempers 19 November 19 November meeting of the SBA started off well with a refusal to accept the minutes of the previous meeting. While unattended by Administration representatives, there was heavy participation by the largest student audience to show up this year. STIPENDREFERENDUM. The results of this student polling were read, with some objections as to the wording of the referendum. Opinion Editor Samuelson suggested that the majority supporting a guarantee should guide the votes of the SBA Directors as representatives of the student body. Shelley Gould moved to rescind the initial motion made a few weeks ago denying all stipends. Failing to obtain the necessary 2/3 required to rescind the previous motion, the stipend issue and the results of the advisory t uking care of the visiting Belgian students. Requested; $850 Approved: $850 Passed: $850, 21-0 vote. PHI ALPHA DELTA. Lee Ginsburg noted that this organization should not be funded since its constitution had not The referendum were not brought up at this time. Treasurer Richard Weinberg introduced for consideration the student organization budgets, and the recommendations of the Budget Committee. Set out in line by line allocations, the budgets were to be approved or disapproved on the whole amount rather than on a line-by-line basis. It was decided that an organization been passed on by the SBA. Dick Rosche, who was involved in the compiling of the SBA reporters, said that the constitution in the book were the only ones extant. President Morris made an executive ruling that the budget could be passed, contingent on approval of PAD's constitution. Requested: $680 Approved: $540 Passed: $540, Ist Vice President Mark Farrelt and President Malcolm Morris could not reallocate money after the lines had been approved without the permission of the Treasurer, a decision which could be appealed to the Budget Committee and the SBA as a whole. INTERNATIONAL LEGAL STUDIES. A new organization whose constitution was lately approved, directed towards international moot court competition and 18-0-1 vote GRADUATION COMMITTEE. Discussion pointed out that it would be impossible for seniors to take part in the Main Campus graduation because of a time conflict with final exams. Possibility of getting Administration support for our private graduation was considered slim. Requested: $2,000 Approved: $905 Passed: $905, 16-2-3 vote. MOOT COURT. Proponents noted that this basically academic organization had to be funded totally by the students since the Administration had failed to come through with any support. Judy Kampf criticized part of the budget, stating that the Moot Court banquet was not open to the Student Body, and if Moot Court wanted a banquet the members should pay for it themselves. Sally Mendola criticized a request for funding for food and lodging at distant competitions. It was noted that no other group had thought to ask for such support. Judy Kampf made a motion that, as a matter of policy, the SBA support no banquets, absent special circumstances to be approved by the SBA specifically, and that such banquets be funded through the Administration or by private donations. Lee Ginsburg suggested that at least out-of-town participants in major competitions ought to be fed at SBA expense to return past hospitality extended to traveling Buffalo teams. Mike Berger expressed the point of view that Moot Court represented the school and that the Administration, which had excess money, should not be allowed to get off the hook. The motion to eliminate all banquets was passed on a 10-10-1 vote by a tie-breaking ballot cast by President Morris. Moot Court is the only organization whichholds banquets. Requested: $2,200 Approved: $1,293 Passed: $713. the Moot Court case after the for an intervening class. In regard to Administration support, he pointed to continued responses from the Prudential claiming Richard Evans of Board presented his meeting was adjourned �December 16, 1971 that no money is available. pointed out that the Mr. Evans Desmond Competition and banquet was not bailed to the student hody, but open to anyone who developed Expertise in writing and arguing on the appeUate level in the competition. Far from being a social affair, the banquet served in lieu of honoraria for the 30 judges who were participating. Mr. Evans pointed out that holding a banquet for $6 a person was cheaper than the alternative of a $25 honorarium. The closing statement pointed out that Moot Court constituted a vital part of legal education open to all who wish to participate, and furthered the recognition of Buffalo as an outstanding law school in the state. Mr. THE OPINION-... to any income made by any organization. avafcble, and if practical, to let The If a group made money by its own O\mn*m use money it takes in, however efforts, such money was largesse and earned. went to the SBA, not to the organization REFERENDUM VALUE One which generated it. student suggested that the referendum, One member of the audience noted whether advisory or not, should have that the income was going to be used for some weight, and the idea expressed by a what are basically employee expenses. He majority of the voters that stipends in felt that it would be fatuous to prevent general be dissapproved, but that a The Opinion from paying employee guarantee to The Opinion was expenses merely because the employees appropriate, should be considered an happened to be students. Reed Cosper obligation on the SBA Directors. considered it an injustice if the Staff of Sally Mendola, junior Director, The Opinion was forestalled from using stated that any results from the the income they had gone out and gotten. referendum should be disregarded Further audience comment suggested that because they were tainted by personal not allowing an organization to use the aspersions and attacks over- the period of money it brought in would obviate its the campaign. 5 suggested that, in reaction to the huge cuts made in this budget Tor an organization supported by the student body, that this budget be voted down and sent back to committee for .1 reexamination upwards. A motion to table this budget failed 4-9-2. After a quorum call, the budget was accepted as approved 9-4-2. Requested: $37.17. Approved: $1177 Passed: $1177 NATIONAL LAWYER'S GUILD. The consideration of this budget brought the most emotional reactions from the audience and Directors of any of those submitted. Mike Montgomery made a policy motion, similar to the policy motion on banquets, that convention delegations be limited to one person, and DirectorsRoss Zimmerman and Sally Mendola Director Michael Montgomery and 2nd Vice President John Samuelson. ■ 3 saw no reason to differentiate between honoring judgesand honoring all students who chose to participate. Gene Goffin moved that additional funding of $180 be provided to support the judges only, at the Desmond Banquet Passed 13-3-3. THE OPINION. Discussion of this controversial budget was opened by the E d itor, who withdrew the planned advertising and Alumni income from the budget, a move which boosted his needs to $3,060. John Samuelson stated that the SBA had no right to allocate money made by the newspaper, which wasn't the Evans independence. It was suggested that a new budget be submitted to the Committee, with a proviso that income received by the newspaper, not to include money from Sub Board I, not be applied towards expenses which The Opinion wants the SBA to defray. A motion to accept the budget as submitted, with newspaper income allocated to defray expenses, was defeated 3-15. Larry Shapiro suggested that the budget be sent back to committee to see how much money was POLICY ISSIJFJK. A motion by Bill Buscaglia and Mike Montgomery was made on the policy issue that stipends for The Opinion be approved up to a limit of SI2OO, to be paid out of advertising and alumni income alone. While taking nothing away from the SBA, such a policy would encourage initiative on the part of The Opinion staff. The motion was passed 10-6-1. SOCIAL COMMITTEE. Audience comment noted the large student input on the social committees referendum, and SBA's to give. Lee Ginsburg responded by pointing out that The Opinion, a part of the SBA, was not allowed for tax reasons to make money. He considered the reallocation of new paper income to be a circumvention of the dissapprovul of stipends. Judy Kampf attacked SamuelsorTs claim that the paper's income was not the SBA's to allocate, observing that SBA money was used to finance the paper which was the means of generating the income, and the newgpajier, should not be allowed to utilize advertising revenue generated by SBA money in any way it pleased. Gene Goffin stated that, according to the SBA constitution, the student government has jurisdiction and theright . Belgian by George Riedel Students Visit Enjoyed System. Professors Goldstein, Gifford, and Kelly held a seminar on Legal Twenty-four Belgian law students and two professors of the faculty of the Free University of Brussels were the guests of the International Law Club of the State University of New 24, York at Buffalo November 16 1971. The students took part in an Experiment In Living Program, and made the trip to Buffalo to study the American Law System and American legal education. The International Law Club and the International Legal Studies Committee provided housing accommodations for t he 24 m,en and 6 women with students of the law school and arranged a series of lectures, seminars, and social events for their guests. With the cooperation of faculty members, lectures were given comparing common law principles with the Continental law system. Professors Laufcr and Lochner presented the U.S. Educational System and Comparative Legal Education while a panel, including Professors Del Cotto, Homburger, "Galenter, Mann, and Professor DeSchutter, from Brussels, presented the Introduction of the U.S. Law in Action which included recent and innovative legal actions in the United States. During their 10 day stay - the Belgian students and professors reciprocated by holding a seminar on Belgian law and legal education for the American students. A seminar was also held with the Eric County Bar Association. By money limits be established to preclude long distance trips. This motion failed by a wide margin. Members of the Guild stated the purposes of their three publications: 1) the street sheets going to high school students, arrestees, and tenants in the community to advise them of their rights, 2) the Chapter newsletter, 3) the Attica newsletter to other Chapters informing them of what was going on at the prison. Senior Directors Brett and Montgomery questioned the external nature of this organization, suggesting that its benefits were directed towards certain segments of the Buffalo community rather than the student body which was funding it, an argument taken up by some members of the audience. Discussion on both sides was acrimonious and noisy, notably regarding the refusal of represenlatives of the Guild (o stale the numbers of the membership or the identity of its officers. Four Directors staged a brief walkout which brought attendance beiow quorum requirements, but returned to the meeting shortly. Thereafter one member of the audience blocked the doorway and suggested that- there might be some assaults if any one else attempted to leave the room. Requested: $407.50 Approved: $297.00 Passed: $297.00 vote 10-5-1 All TOURS A luncheon was arranged with Federal Court Judge Curtin and afterwards a tour was provided of the federal court. The students had the opportunity to see a trial before Judge Curtin and an opportunity to speak with counsel in the case. Marine Midland Western in conjunction with their international banking department held a luncheon and tour of their bank. While in the bank the students also had an opportunity to visit one of Buffalo's Lytic. largest law firms Philips, Hitchock, Blain and Huber. With the aid of Professor Manak, the students visited a Legal Aid Office, the Public Defender, and law enforcement agencies in Buffalo. On Sunday, November 21, all of the students left for a tour of Niagara Falls and Toronto where they were the guests over night of Osgood Law School of York University. SOCIAL EVENTS Not everything was study and work .for pu,r guests. There was an exhaustive MHml calendar which found our guests at a reception given by the Council of International Studies at the Main Campus, a dinner by the Law Wives at the Faculty Club, a luncheon at Ni)11 i ngham Academy and tour of Albright Knox Art Gallery arranged by Mrs. Kochery and Mrs. Dick. A dinner Parly was ar r anged at a faculty member's home, which included the American host, and a Farewell Dinner was held at the Roundtable in Buffalo. COOPERATION Thanks to the cooperation of so many of the campus organizations and groups the visit of the Belgian students was a great success. Commenting afterwards, Mrs. Dotty Buergenthal, wife of Professor Thomas Buergenthal who was insturmental in making the original invitation, said, "1 enjoyed this experience so much, it was fun! Furthermore, it provided an opporlunity for me to get to know so many of our own students and their wives." Both Provost Schwartz and Assoc. Provost Greiner spoke at the Farewell Dinner and expressed their great pleasure al having an opporlunity to promote understanding and good will between our two Faculties. �December 16, THE OPINION 6 Nader's Raider Buffalo Is In! Well. Maybe Ross Sparks Student PIRG by Robert by Rosalie Stoll , describing this project. solve them. Distinguished False advertising and environmental carnage were two areas which Ross suggested were ripe for litigation. Here the lawyer could work with professionals in other areas to gain the expertise of their abilities. Ross noted that one does not have to be an expert in order to effectuate change ralher he must be ready and willing lo work hard. The dv Ponl sludy was done by law students and recent law graduates, he pointed out. - QUIET REVOLUTION "There's a revolution going Rodecker in our own little snack bar last HE was here folks! Right here here but HIS number one Friday afternoon. Well, HE wasn't travelling companion was here, and he had all the facts. Yessir, group. Well, almost all the interest law all the facts on a public You can't expect facts You see, UB Law School is different. into the environmental really get want to the students there to bag in any REAL way. So, just give protection consumer and them the story on how easy it is to get things done if you really want to. Tell them how HE did it on HIS own. Tell them kinds of money through how the students in Minnesota got all voluntary fees. Then, just go into the routine about how some people really do live off the salary that HE pays them. But don't waste your time recruiting these people and trying to get some of HIS people into Buffalo. After all it is Buffalo, not Washington or Boston. Imagine that. "Abate" Rodecker, one of Reis' Roaches and Hoyt's Horde, bad-mouthing HIM and HIS number one Raider. But that's the way I see it. Sally was right on when she questioned HIS elitist recruiting policies. Well, maybe thay're not elitist and any Montreal Canadian goalie or Joe Cox from UB could get a job with HIM. Maybe I'm just bitter because haven't had any offers for $4,500 a year. Maybe. Regardless. I just didn't care for Don Ross' attitude. Maybe the bar exam is a breeze and it doesn't make sense going to class when I could be out cleaning up Lake Erie. Maybe there is a whole bunch of enlightened members of the faculty that would swing for a three credit course for those of us who want to go out and "attack" the real" world problems of the poor. Maybe there's enough money and faculty members to support that kind of thing. Maybe. Maybe it only takes a couple of students and a couple of professors to get this thing going. But maybe those students and professors do worry about passing that irrelevant bar examination and about giving their other courses equal consideration. And maybe those irrelevant courses really could be of some value later; even in the attack on the polluters and corrupters. I don't know. Maybe. Anyway, thanks a lot Don for coming down to the snack bar and telling us all those good things that HE always tells us when we hear HIM elsewhere. And thanks for all that good poop on how we can do it if we really want to, and the Court of Appeals be damned. Thanks, maybe. Donald K. Ross, billed as 'Nader's Number One Raider spoke in the Student Lounge Friday, Dec. 4. Describing Nadar's projects to date, Ross emphasized the Student Public Interest Research Group as one of the most worthwhile. Speaking before a nucleus of about twenty-five students, Ross soon had the entire lounge filled with interested listeners when he began Ross describes the idea behind the PIRG as ample, whereby a large group of students eilher through increased fees or by donations gather enough money to hire a staff of lawyers, scientists and engineers to work full time for the students in solving current .social problems. "If Ralph Nader and a staff of 10 to 15 lawyers can dent the federal bureaucracy, a similar staff in each state could change the direction of the nation." Ross suggested several possible projects that students could focus upon, but stressed the autocracy of each PIRG. Students, he no ted, must realize the problems of their community and then work to 1971 on in the law profession across the country it's going on quietly." Ross noted the opportunity to turn law school into public interest work, and emphasized that the legal profession must begin to take a professional responsibility, implying that it had not «Ho date. Through a PIRG, Ross believed lhat the whole balance of power in this part of the slate could be changed. The PIRG is a tool though, and "it can go anywhere you want it to." Anyone interested in working with ihc PIRG can contact Jeff levin, 833-8113. I - Visitor's Forum Katz Speaks on Charles Manson by Rosalie Stol! Associate Professor Al Kutz, speaking before a full house in the Distinguished Visitors l-'orum last week spoke on "Legal and Psychoanalytic Reflections on Charles Manson," subtitled, "Anything you see in me is in ." Basing his research on Manson upon a Rolling Stone interview, Katz attempted to give his view of one person's interaction with the criminal law system. Seeing law as "a question of boundaries," Katz discussed the legal system. He stated that "Boundaries are established so that they will be violated, and with knowledge that they will be violated; otherwise they would serve no purpose." Manson is seen as suffering from a boundary confusion which may be a reflection of a wider social boundary confusion. The existence of brutality in certain socially acceptable forms was discussed by Katz, "In what sense are the 'Tate* murders different from the murders in Vietnam?" Thus, Manson could be possibly seen as an innovator within you .. Manson's views on sexuality influenced his actions a great deal. His band was predominatly female and his view of making love to woman was "Ultimately you make love to selfish yourself." Themes ol defilement, deprivation and control in Manson's life are seen as indicative of difficulties at the oral stage. problems suffered hy Manson early in life were aggravated later in life. been seen in This seems in the Desmond Richard Evans announces the selection of Jesse Baker, James Brennan, Larry Brenner, Peter Clark, Dennis Hyatt, Alan Liebowitz, Lance Mark, David Schubel, Frederick Steinberg and Lauren Wixson. CRIMINAL LAW AND BOUNDARIES Two questions posed by Katz are worthy of note whether the concept of boundary differentiation is useful in the study of criminal law and whether there is psychoanalytic evidence that society gets the criminals it deserves? Katz answered both in the affirmative - context Katz discussed the difficulties implicit in labeling both minor offenders (gamblers) and major offenders (murderers) as criminals; their only common characteristic is that they are both authoritatively proscribed. Although this authority gives the community identity society may pay a very great price for the collapse of distinctions, differentiations and boundaries. Prof. Katz's speech was a fascinating and well-documented synopsis of a paper he wrote for the Group for Applied Psychoanalysis. It is well worth reading for anyone who missed his speech. news Briefs CANDIDATES performance to be a resultant of the - — he Manson was seen as a Hitler was not a hippie, not a flower child, not a radical, rather a blatant racist. He saw a coming millenium of black power controlled by himself. Manson's early years of incarceration for minor crimes were mentioned. In Competition. this - MANSON AS HITLER Ten candidates have been selected Ihe Moot Court Board for me mbership on the basis of their the and his sense" may have contributed to the legend that has sprung up around Manson. Bandits .are people who see themselves as early of injustice; they follow a Robin Hood ideal take from the rich and give to the poor. and fatalism. by Underground press as a 'social bandit.' political nature of a crime. The "mythic public perception of Manson, experienced helplessness, powerlessness, COURT ANNOUNCED - has discussing overcriminalization, MOOT the social framework rather than a social deviant. Katz discussed Manson's pervasive sense of doubt duubts that extend to his basic self-hood. A consequence of this doubt was the treatment of others as if they were non-human. SOCIAL BANDIT Manson - asserting that no behavior should be criminal unless it is blameworthy in the moral sense. In terms of his relationships with society, Manson CONFERENCE ON THE NEW LAW Concerned Law Students will hold a Conference on the New Law during the weekend of March 18-20. Discussion will center around the theoretical basis upon which a lawyer should base his practice as well as how this works out as a practical matter. A keynote speech by a distinguished visitor will be presented and workshops will be held on Saturday. The focus will be that of the lawyer interested in social change. All students are invited to attend the conference. More information will be available at a later date. AN INTRODUCTION TO THE FACULTY In one of the most important moves taken this year, the freshman class has out a handbook entitled "An Introduction to the Faculty." Joe Gerken and Tricia Semmelhack noted that "The idea for this handbook arose in response to an expressed need to learn more about the faculty of our law school than is gleaned either by classroom contacts or put by consultation with other students." To effect this purpose the faculty was invited to submit brief resumes of their interests, background and outside involvement. A wide response was received from the faculty which, combined with a lot of concerted work together this by the Class of most project. worthwhile Tmd long-needed �December 16, 1971 THE OPINION 7 PAD Symposium Methods of "Methods of Judicial Selection" was the topic of the 1971 Phi Alpha Delta Symposium. Held Nov. 17, at the Statler Hilton, the symposium was open to all studentsand faculty members. The panel included Hon. Edmund F. Maxwell, U.S. Magistrate for the Western District of New York, Hon. Theodore S. Kasler, Assoc. Judgein Buffalo City Court, Hon. Joseph S. Mattina, Erie County Judge, Philip H. Magner, Jr., President of the Erie County Bar Association and William Larsen, Chairman of the Judicial Committee of the Erie County Bar Association. A very lively discussion ensued, moderated by Mr. Larsen, concerning the advantages and disadvantages of electionand appointment of judges. Judge Mattina expressed the feeling that election was the proper method of selection in order to keep the jurist responsive to the populous. However, he stressed that the term should be long enough to insulate the judge from political pressure. The appointment system was favored by Justice Maxwell on the basis that this encouraged merit considerations rather than political. He disagreed with Judge Mattina's feeling that judges are able to be insulated from politics. He asserted that major political Judicial Selection Masline parties and officials had too much to say as to who was on the bench. Judge Kasler favored the elective system but emphasized theneed for overhauling the present method of rating judicial candidates. He felt that party chairmen should not be among those determining candidates. Also, Judge Kasler noted the necessity for the voter to be aware of the candidates and their individual qualifications, rather than allowing a judicial campaign to ride on the coattails of a candidate for major political office. Mr. Magner spoke to the merits of both systems. He acknowledged the need for the increased role of the Bar Association in adequately rating judicial candidates. The panel discussed many questions from the audience, ranging from the need for increased minority representation on the bench to whether any commission to rate judicial candidatescould be kept free from any possible pressure. The PAD symposium each year has been an important event at the law school. Although this year's light turnout encouraged a more personal communication between the panelists and the audience, it is unfortunate that a faculty meeting prohibited the faculty from attending. In the spring, PAD will institute an "Inns of Court" program to enable students to observelocal attorneys in mock trials, enabling them to gain depth in trial techniques. Law Women Plan Several Projects Next semester LAW WOMEN plan to get several projects off the ground. They are presenting a list of possible projects now, in the hope that it will stimulate some thought. It is up to each person to assess her priorities and think about what she would like to see happen. Any specific suggestions/criticisms should be left at Shirley's office addressed to LAW WOMEN. Possible projects: I. Researching and writing women's "street sheets" to be made available to the community for example, how to AIVItIERST get a divorce or to obtain support payments. 2. A survey of discrimination in Buffalo law firms the form of such a survey is already put together, but someone has to take responsibility for the project. 3. Relating to the Women Lawyers we have of Western New York already had one quite successful meeting with them and hope to have more. 4. West Side Women's Center developing some kind of a reterral program for women with legal - - - problems and investigating the possibility of getting credit tor such a project. going to local 5. Recruitment colleges and talking to women about getting credit for courses taken. 10. Relating to women in prison -r several people are doing work in this law school. working to get 6. Appointments more women on the faculty. Admissions 7. are the standards - equal? - - - rap group 8. Study group possibly organized around "Women and Bodies" Their l). Women's St udies College working with women on campus and area and could use support. 11. Day Care Center for the Law School 12. Women's Health Project working with some women in Buffalo who do work around abortion. 13. Pu 11 ing together a position paper/workshop for the Conference on the New Law. All women in the law school are invited to contribute and to participate in the activities of Law Women. FSATCUdElNy,AlUMNi C ToUR AMpus At the invitation of President Robert Ketter, a tour of the Amherst Campus and the new Law School building was made and alumni of School and officiers of the SBA and by faculty the Law the Erie County Bar. The tour was followed by a buffet dinner on the Main Street campus. The pictures on this page were Belling taken of the Law School building during the tour. Belling �. 8 December 16, 1971 '"fHF OPINION Notes Frown Elsewhere by Michael L. Montgomery SBA REPORTING Justinian Brooklyn Law School Wonder of wonders, Buffalo isn't the only dump SBA in the world with a communications gap reporters, student faculty, whatever. One reporter for this version of the Flatbush Filosopher found himself accused of trying to crucify the Directors, when all he was trying to do was comment on how the SBA was viewed by the students. This reporter - - - noted that the criticisms he had encountered were a prime example of the way rhetoric becomes the protagonist and reason the interloper during the SBA meetings. While most SBA members felt that their major problem was a lack of dialogue between students and faculty, the major problem appears to be non-communication between the SBA and the student body. The Brooklyn Bard noted that the major reason for SBA ineffectiveness in communication with the Faculty lay in the fact that the Directors have little rapport with the students they claim to represent. This rather heated diatribe was terminated with a comment on noise attributed to Mark Twain: "Noise proves nothing. Often ,1 hen who has merely laid an egg cackles as if she had laid an asteroid." see the time honored name Remy Martin enshrined Corbin on contracts, or Legal Lines; If somebody essayed such a project in Buffalo, the subject matter would probably devolve to Schlitz and kielbasa, with El Rope-os for those who wish to fumigate their brain. PLACEMENT Texas Law Forum University of Texas The placement office at this school is complaining about the misinformation being bruited about concerning their inefficiency and orientation only towards serving the needs of those students who don't need help getting jobs anyway. "If only the students would get to know us." Placement at Buffalo has been a rather moribund department at best, but last year there was some attempt made to provide a degree of semi-skilled help through the University Placement Office, efficacy unknown. One hopes that some improvement on a scene made surpassingly dismal by job opportunities as hard to find as clean water in the Niagara River, will continue to be made by the SBA and the Administration here in Buffalo, preferably by appointing an actual full-time placement officer. Such an individual is not likely to find his services going begging. THE GOOD LIFE: Cigar and Cogmac Seminar Dictum Indiana U. Law School Consider the goals, if you will, of a progressive curriculum designed to help the fledgling shyster cope with the myriad vicissitudes bound to plague him upon his emergence into the affluent life as an attorney. This institution, in keeping with the liberal analysis (give them everything they want) has engaged in a seminar designed to prepare the next generation of Prossers to manage themselves with grace, tact, and savoir faire by sponsoring an SBA Cognac and Cigar tasting seminar. Perhaps one day we too will Unfortunately, he was a mediocre tennis player. next to REHNQUIST COMMENTARY The Journal Stanford — "William Rehnquist was an individualist brilliant, clear thinking, a man with a good sense of humor." Dialogue from the funny farm? Not exactly these - one of the nine classmates and three professors of the much-maligned Nixon nominee to the BIG BENCH interviewed by the Journal. First in his class, Rehnquist was considered by most to be a man of flexible thinking. Assistant Dean Willian are the words of Kebgh considered power, he far out him a genius. "In intellectual distanced anyone else in the class." FACULTY EVALUATIONS AT STANFORD This California institution has a faculty evaluation questionnaire similar in format to that at ÜB. The results showed a general student discontent with teaching methods, course content, curriculum, and grading criteria. It was noted that some courses received hatchet jobs no matter how sterling the professor, but most comments centered around the in a bility to teach of many otherwise qualified instructors. PROPERTY AND ESTATE PLANNING for the profound propagation of was promulgated pertinently at One innovation property Stanford. law A comic strip entitled REMAINDERMAN. PROMPT GRADING Forum University of Denver Denver Law Inaction speaks louder than words. Students in the mile high city have trouble figuring out how faculty members can't find time to grade examination papers in five or eight weeks. Remember waiting, around in front of Shirley's office with baited breath, waiting around for those colored cards to come out so that you can go to a corner bar and quietly nurse your ulcers? It is to be hoped that the abuses prevalent at Denver and most other schools won't be repeated after this January's set of heartstoppers. How are you going to tell a prospective employer who wants to look at your grades, of limited value tho* they may be in the confusing maze of H-Q-U and diffuse grading criteria, that the exam marks from two months ago have yet to show their faces. - Student Elected to County Legislature by John Samuelson Coming from rural New York, he was at Hi.it time a registered Republican, but during the Goldwatcr campaign nf 1964 decided lo change his Freshman A student at Buffalo Law School has decided to make politics his career, and has not lei some very major obstacles stand in his way. After several years of working in different .areas of affiliation. Through a friend he tnet the head of the India nil Democratic state Committee in 1966 and for six months campaigned for Ihe Democratic Congressional candidates. As part of the campaigning he attended fifty-four county fairs where party the political scene, Holland Kidder, of Jamestown, New York, has been elected to his first elective position as county supervisor for the 12th District U.S. Embassy sol ved this problem and the letters went by Air Force transport to the Delta. In the meantime Kidder had received a list of all the c n rolled Democrats in the district. From this he addressed and sent out one letter to every Democratic Absentee Candidate by the government because of servicemen's free mailing privileges. (He had previously cleared this with his superiors). Victory in the primary, was followed by defeat in yes. . in Chautauqua County. In his position as supervisor, Mr. Kidder, a Democrat, will join his collegues on a County legislature which for the first time will have a Democratic He soon discovered that he opponent in the had an Democratic primary. This he learned well the traditional "p re ss-the-flesh" campaign majority. method. ■ I n 1967 he entered the Navy for a three-year hitch. The first two of these were would certainly be a hardship since he wusn't due to finish his Navy duty until afler the primary elections had been held. Undaunted, Kidder went Politics Returns It was during this lasl year that politics began edging back into his life. While home on leave he approached the Democratic mayor of Jamestown about running for a local office in the county. from a missionary friend there. These were then sent to Saigon by air freight. The letters almost stayed t he re when the Vietnamese customs officials demanded a bribe before they would let 1hem pass through to the Mekong Delta. A trip to the things." voter, postage being picked up November. But all was not lost. This year he returned to the same area to run for County Supervisor. He found thai the voters remembered him from his last campaign and more of his personal style of campaigning led to his electionDoes he want to make politics his career? Yes, as long as he can continue being elected. In the alternative, he is working toward a career in law. "Politics has no job security," he .smiley, "and I have to eat in-between.*" tic* to Hong Kong and had 13,000 campaign letters printed, with spent in Japan and the last on a patrol boat on the Mekong River in South Viet Nam. Kidder began his early career in politics after graduating from Evangelical Theological Seminary near Chicago in 1964. While at the Seminary he worked on several programs in Chicago's inner city which according to him "changed my views about many 'When he returned to Viet Nam he had still not decided whether to try for the position. In March, he received letters form Mayor Lundine and the Jamestown Democratic chairman who, unknown to each olher, both asked him to run for the post. He telegraphed back his answer: some aid (I Setgio G? dSeinutdi Clothiers In the New Tradition See our fine selection of —— knitware shirts — suits trousers -- sport - ties jackets Ready to serve you at 2 locations Main Place Mall fiK9 1-7>;n 852-175U Bernie Le Castre A.LeCas.re Alan Kemp Richard Pantano , 2136 Delaware Aye. Buffalo, N.Y. Sergio Chiappera 877-0033 Dave Quackenbusl MMo- ROBERT ' i :., Hnll.il. N.Y. iw I �December 16, 1971 THE OPINION — Mitchell l.«fhlrf %j,< 9 What's Wrong With Law School by ' Rosalie Stoll W hat's wrong with law school?" was the enigmatic title of Lester Mazur's speech in the Mitchell Lecture Series. Mr. Mazur, a Henry R. Luce Professor of. Law, at Hampshire College spoke from the view of undergraduate legal studies. Mr. Mazur observed the differences between teaching to law undergraduates and formal legal education. Instead of lecturing, Mr. Mazur favored a discussion between the audience and himself. Differences were pointed out by the audience between freedom at the the undergraduate and graduate levels of study. Mazur noted that in the field of law the bar examination and characteristics of the market operate as visible restraints on legal education. Mazur pointed out that there were alternate uses of the resources of the law school insofar as allocation of the faculty is concerned which have yet to be explored. LOW COST OPERATIONS ''Law schools are notoriously low cost operations as far as higher education institutions go," Mazur noted. He emphasized that more individualized instruction should be provided. Citing the success of law reviews as an example, Mazur said that this type of learning is very important, but unfortunately restricted by the process of publication as well as limited to a small number of participants. Mazur expressed his feeling that law schools might perhaps be doing their students a disservice with their concentration on legal doctrine. To combat this, "I've been an advocate of greater interdisciplinary focus." fundamentally, beginning with should there be a legal profession at all." Mazur's stimulating discussion left all suggested that these processes may be more easily visualized through other by Robert James P. Zais students say i can cram for the exam', then I suspect the exam doesn't serve the function offered by the course." of the first steps a law must take is that of vkß Esther Lawrie, a first year student, died in auto m obile accident early Thanksgiving Brosius Legislators often object to guaranteeing any rights to a group of people who practice criminal acts. While these laws are seldom used directly, their indirect use, in socially labelling gay people as criminal and in acting as a basis for discrimination, is widespread. "Gay people should have the same opportunities for meeting other gay people as heterosexuals have for meeting other heterosexuals." However, gay gathering places are plagued by plainclothes vice squad members who lure gay victims into arrests for solicitation. Although the policeman often makes the first suggestion, the initial touch, it comes down to his word against the victims. While such an arrest might often be dismissed, or reduced to a lesser charge, the harassment is clearly violative of the gay person's right to freedom of association. Mr. Zais pointed out that nothing helps the gay rights cause as much as responsible people admitting Iheir homosexuality and trying to do something about the oppressive conditions that plague gay people as an alternative to the silence demanded by society concerning these "crimes against nature", the undiscussable. spoke , defining who you want to be a student in law school and what you expect him to gain. He realized that any school with gates of entry is going to be selective. Noting the close relationship between the school and the bar, Mazur noted that one - ml morning in Beckley, W. Va. Miss Lawrie, a resident of Abingdon, Va., was a graduate of Virginia Polytechnic Institute. to the law school community Nov. 18 on the subject of Homophile Legal Reform. He is the Political Action chairman of the Mattachine Society of the Niagara Frontier and an Assistant Professor of Political Science at U.B. Mr. Zais focused on the political aspects of homophile law reform, mentioning Mattachine's activities during pre-election campaigning. His committee is in constant contact with all Buffalo Common Council candidates, and all of the presidential candidates brought to Buffalo by Mayor Sedita. Mattachine was one of the first gay organizations to so confront presidential candidates, and the idea has caught on nationally. According to an article in The A d vocate Senator Kennedy has come out unequivocally in favor of measures to guarantee equal rights to homosexual persons in areas such as employment, housing and public The function of exams was also discussed in terms of what learning processes we want and how the exam can function to produce the desired result. "If GloriaMuskie, Michael's wife, Archie's daughter Scene: The White's living room. Michael is sitting in the arm chair watching the tube. Edith is setting the table. Enter Archie. ARCHIE: Youse shoulda been there, Edith. It was incrudable. Screaming and hollering like a pack of baboons at the water hole. If I hadna known better I woulda though I was watching some kind of circus act the freak show. EDITH: What are you talking about Archie?! thought you just went down to County Hall for a hunting license. ARCHIE: I did, Edith, I did. But the clerk wasn't there, so I went across the street to our famous law school. 1 didn't want anyone to see me hanging around the courthouse; they mighta thought I was on trial for sumthing. So I goes over there, and the school is conducting some kind of Halloween party. The student government budget was up for a vote and all the freaks were trying toget theirshares. MICHAEL: Why do you always have to call them freaks. Arch? They just dress differently to express their individuality. It's society's obligation to respect them for their differences. ARCHIE: Different from what, meathead? They sure all don't dress different from each other. Either they bags or they re stole their clothes from Goodwill army. can t tell Youse Egyptian deserters from the whether they're wearing raggedy uniforms or uniform rags. You woulda fit right in. EDITH: What happened at the meeting Archie? Did they -,■ Zais on Homophile Legal Reform The reasons for the non-use of the media stems from the standard way of advancement in law teaching through publication, rather than the development of a film. son-in-law ■ an school. methods, suggesting a cartoon. OTTO MATSCK 1m listeners with provocative questions which should work to the betterment of the law but Cast: Archie White, proletarian Edith White, Archie's wife Michael Muskie, sociology major, Archie's argue? - that there is a very heavy dependence on printed media, ARCHIE GOES TO THE SBA MEETING a noted that the law school has many resources at its fingertips all the human beings who focus themselves on the law school. "We must develop a critique of the law school Another problem area in the law schools lies in the first year's total lack of clinical experience. Law schools should attempt to involve students in clinical educational experiences early in their law career. The use of the media in law school has not been fully implemented. Mazur suggested One what "Certainly some of the things we do in law school are very antiquidated," Mazur PROGRAMS school remains of itself. FIRST YEAR CLINICAL RiGHT ON! by question profession is, since reaching beyond the present limits may mean changing the profession accomodations. Mr. Zais talked about law reform in the area of consensual sodomy laws, the legal cornerstone of oppression of gay people. ARCHIE: Did they argue? Did they argue? Like I just said, Edith, it was a circus. First they was arguing about the school paper. The editor wanted some money to pay the editorial staff stipends forall the work they put into it, and all the freaks was against it. They said the reward to these people came from the satisfaction of doing the work and voted it down. Then they argued about Mute court. Mute court wanted money for a banquet to honor the judges and the student participants, but the freaks voted that down too. They said it was too much money, and only let them have enough money to pay for the judges' dinners. Said that the students could pay for their own dinners. MICHAEL: Arch, why do you keep saying the freaksdid all this? ARCHIE: Because they did, meathead. Every time they voted on anything the freaks voted as a bloc every time. They got just enough freaks to constitute a bare majority if any of the humans are missing, and they vote themselves anything they want. Speaking of wants, vacate that chair. I want to sit down. (He sits. Michael dogs off the coffee shifts to the couch.) And keep themtable.) table. {Michael takesfeet offcoffee yeah, the Then the freaks budget. Oh Where was I? had this thing they wanted passed, a budget for one of Guild. The big item groups, Lawyers the them pinko they had was this here trip to Philadelphia for some kind people are asking the of pinko convention, see. So - represenators about this budget about this Lawyers Guild they got, and these freaks went ape. This one weirdo says the hundred dollars for the trip isn't such a big deal because going to Philadelphia is his idea of a penalty. couldn't say nuthin, but if it's such a penalty then why not spare them theagony and let them stay in town? Anyways, these students are trying to get answers out of the creeps, see, like how many members they got, this sort and who they are, and who the officers are andthey just of stuff. And the freaks wouldn't answer, started screaming that they don't have to answer this cursing started the students they of question, and sort who were asking the questions. 1 aint heard language like that since our last union meeting. This one guy wanted to know how many members they had, and they's screaming at him Edith, go get me a beer, will ya (Edith goes into kitchen) I didn't want your mother-in-law to hear this, these freaks are yelling "Fuck I - - - you" at this guy. Then this other one says he wants to who's getting the money because he has the right to know where his $30 in fees is going, and this freak yells "Fuck youand your $30." I'm tellin ya, meathead, that place was nothing like a law school. Those freaks musta thought they were at home talking to their mothers. {Edith comes in and gives Archie his beer) know EDITH: Oh Archie, watch your language. Gloria should hear you swearing like that. want I don't glares (He at her.) And that wasn't half of it. Some of the represenators walked out so they wouldn't have a quorium, and this weirdo went flying out after them shouting that if they didn't get the hell back inside there was going to be some god-damn assaults. And they came back in and this one freako is blocking the door so no one would leave, standing in front of it [ike he was some kind of sergeant at arms. Sorta like what you would call a pig, meathead. {Takes a slug of beer and burps.) Then they voted on it, and this same bloc of freaks that always vote together to express their individuality voted together on this one and got the budget passed. Now they got money to print all kinds of junk and to penalize themselves down to Philadelphia with, and they got the rest of the students to pay for it. Incrudable. The only sensible remark I heard all day was this one guy who said their priorities was all screwed up. He said the student government was cutting funds for organizations which benefit the whole school, then turning right around and giving it to organizations that served only to allow a handful of students to carry out their political fantasies. He said the reputation of the school was going to suffer, because others in the profession judge them by their' Mute Court and newspaper, and if the school got the reputation of being a political carnival their professional reputation would suffer. He even said some of these here groups was of questionable merit. I thought they was going to lynch him. That was really sumpthin. These same freaks that were saying that the students should work on the paper ARCHIE: for their own satisfaction and pay for their own dinners at a banquet in their own honor were voting to subsidize themselves trips to Philadelphia and California. Incrudable. (continued on page I I) �December 16, THE OPINION 10 1971 BulETiNBoARd The following professional program courses offered during summer session 1972: 1. Constitutional Law (b) 2. Conflict of Laws 3. Income Taxation of Trusts, Estates and Beneficiaries 4. Corporations 5. Evidence 6. Collective Bargaining 7. Land Conservation and Management or Problems of Environmental will be Environmental Law Essay Contest, for information Norman J. Landau, New York State Chairman of Environmental Law Section, American Trial Lawyers, 233 Broadway, New York 10007. contact Newhouse Lauter Joyce Fleming The Howard C. Schwab Memorial Award Essay in (he field of Family Law" will be conducted by the ABA, interested students may write: Division of Legal Practice and Education, Howard C. Schwab Memorial Award Essay Contest, ABA Section of Family Law, American Bar Center, 1155 East 60th Contest Street, Chicago, are 111. 60637. can are announces a graduate University University Washington England. year, Sage England, Foundation, Degree, University Residency program Complete Sage Square Marshall-Wythe Mary, Saskatchewan, from, fellowships applications Studies, Williamsburg, North, Director, Mary Legal Fellowship leading Saskatchewan, Studies, Director, Avenue, Fellowships, Fellowship 33, application accepted College Program, Law, University, York, York, College Law, Director Laws Administrative International in William Social Science York The The Russell available 10003. for UNIVERSITY 10017. Science Center William and RUSSELL of INTERNATIONAL information of Graduate informalion SUMMER for Assistant and Resident in 230 International information and SAGE of law write OF Park Sakatchewan for and New SCHOOL Summer Room SASKATCHEWAN School will FOUNDATION Summer be and STUDIES Studies York Va. be obtained available. to of School 23185. New New The Law School of in Canada Center of New Master and from Law of for Law of Russell Write blanks Social York New Law next New the and for of in of 6 Teiteibaum UNIOVERSTFSY ASKATCHEWAN Atleson University The of Sakatchewan announces a graduate program in law leading to The Master of RL*is Quality The SCHWAB MEMORIAL ESSAY ENVIRONMENTAL LAW SUMMER SESSION information can be obtained from the Director of Graduate Legal Studies, College of Law, University of Saskatchewan, Saskatchewan, Canada Laws Degree, following courses may also be offered: Del Cotto Federal Tax (a) Homburger or Kochery Civil Procedure (b) The final list of summer courses will be available that before the close of registration. It is possible one or two more courses may be added to the list. The summer session is confirmed subject, however, to the qualification that further fiscal disasters of the or State of New York could conceivably curtail the eliminate the program. That risk appears small at moment, but it is a factor to be considered by students in their program planning strategy. Further word on this subject will be forthcoming 8. 9. INTERAS OL TUDIES The Center for International Studies of New York fellowships are available. Write Administrative Assistant for Fellowships, Center for International Studies, New York University, 6 Washington Square North, Room 33, New York, New York 10003. University SUMER SCHOOL shortly. available, degree Vrije Legal Buyliaan, Cooperation. University Cooperation, Faculty 105, Applications Burssel, Comparative applications Library. Brussels, Program Law, Belgium. Leading Comparative Program Schutter, International Law. AD. The Financial Information of VRIJE 216 Master Aid and Harriman of FINANCIAL UNIVERSITY and in C/O 1050 Law A International Professor Post-Graduate announce for AID Dr. BRUSSEL 1972-1973 are and on an B. available International De are from: to now In a VRBRUSSEL IJEUNVRSITY The Faculty of Law Legal Cooperation, A and Mary Summer School of Law in England. Complete information and application blanks available from, Director, Summer School of Law are in England, Marshall-Wythe School of Law, College of Mary, Williamsburg, Va. 23185. William and The announce an International Post-Graduate Program In International and Comparative Law, Leading to a degree of Master in International and Comparative Law. Information and applications are available from: Vrije University Burssel, Program on International Legal Cooperation. C/O Professor Dr. B. De Schutter, AD. Buyllaan, 105, 1050 Brussels, Belgium. FINACL AID Financial Aid Applications for 1972-1973 are now available, 216 Harriman Library. William SRUAGFEL OUNDATION FILM AND THE LAW Media utilization in the area of legal studies has been quite limited. Students interested in working in a study group which would possibly concentrate on the use of film should contact Rosalie Stoll c/o Shirleys office or 2168. Russell Sage Resident and Fellowship in Law and Social Science applications will be accepted for next year, for information write Director, Law and Social Science Residency and Fellowship Program, Russell Sage Foundation, 230 Park Avenue, New York, New York 10017 i A newsilent partner in the firm. 19 7 2 STATE BOARD OF LAW EXAMINERS 90 STATE STREET ALBANY, N. Y. IMO7 The compactcomputer system designed specifically for the needs of Ihe law office, Barrister/300 provides automated accounting and management information reporting as well as fast, efficient preparation of typed material. Barrister/300 is the partner in Examination of person*applying fur tubnliwloil to practice asattorneys anil ■■mmsnlors nt law in this Stnte will be held during the yenr 1072 as follow*: Monday and Tuesday, March 20 and 81, 1072, nt Thursday and Friday, July 27 mid 28, 1972, at 8:45 a. in. Applicants must file their papers nt least thirty days and not more than sixty days prior to the examination, in the office of the Boiird in Albany. Every application must be Accompanied by a certified check or money order payable to the "State Bonrd of Law Examiners" in the amount of the fee prescribed by Section 405 of the Judiciary Law of the State of New York. Printed application forme will be supplied hy the Board upon request. whetherit'sforms,doaiments,critlcal your firm that can do as much as you Mmfr*!ip data or disbursements inforwant it todo, whenyou want It done, malion, can be stored in one place, corrected and played back In an instant. You've always wanted the benefits of a computersystem but thought you had to settle for a room full of machinery and programmers. Barnster/300 requires no special installaton or wiring. It can beoperated by yoursecretaries trained in youroffice. Barrister/300. Your new silent partner. We defined it for the law office. Bi'4B a. in. The examiiiation in the First and Second Departments willbe held in New York City; in the Third Department in Albany, N. V., and in the Fourth Department in Buffalo, N. Y. The place of examination will he set forth in the admission card eeiit to the applicant Barrister/300 employs a small, powerful central computer right in your own office which is used simultaneously by typing and accounting stations. Each station is independent of the other and up to tencan be used. Now all your information, AjMyJ A ,4M M '*■ j Barrister 30a ■ B.rrb.er/300,cll« write: The examination, for nil candidates, will bo n single examination containIngquestions in both AdjectiveLaw and Substantive Law. The examination will consist primarily of questions dealing with the follow ing subjects which me deemed fundamental! Agency, The Canons of Ethics. of Laws, The Constitutions of New York State and of the United States, Contracts, Corporations. Criminal Law, Damages, Domestic Relations. Equity, Evidence, Negotiable Instruments, Partnership, Personal Property, Pleading, Practice, Rent Property, Sales, Suretyship, Taxation, Torts, Trusts and Wills. Questions may also deal with the following subjects: Administrative Law, Bankruptcy, Carriers, Federal Jurisdiction. Insurnnce, Labnr Law and Municipal Corporn tions. Conflict The foregoing lists indicate the general scope of the examination but the Board may propound any questions which a lawyer in general practice may reasonably expect to meet. ARTHUR KARGER, THOMAS M. BURKE, JOHN E. HOLT-HARRIS, JR., .Stuff Board of Law Examiners. W W\ Xl 454»M»lnSliMl Bufflk), NX 14226 839-9730 ■■V716 - �December 16, 1971 THE OPINION "r CLASSIFIED Sports Huddle by page eleven Alan Snyder YOU CANT BEAT THE LAW Opinion Classifieds cost $.25 This is consensus around the City of Buffalo in the Muny Basketball League. For the fourth straight year the School has fielded another powerhouse. The Law as the team is named, started off the 1971-72 season, on a strong note, defeating the Holiday Olds 67-35. The team this year does not have the star-studded lineup of a year ago, which had such superstars as Terry Connors. Bruce Norton, Charles Bovis and Tony Masicello. However, back this year is Jon Chancy who hopes to lead the Law to another City title. The Law has achieved this honor the past two out of three years. As noted, the team does not have as many superstars, but a much stronger team as a unit. Back from last year are Lee Ginsburg, Rich Clark, Tom Parmele, Ed Goyles, Benny Chaw and Alan Snyder. Newcomers this year are player-coach Dan Holleye, Jeff Whoepple, Al Brown, Ed McKewn and Robert Portnoy. Coach Holleye uses the entire squad during each game and in this way gets a maximum performance from each man. In their first game. The Law, playing at Tosh Collins Gym on Cazenovia Street on Thursday nights, whooped a tough Holiday Olds squad, but not until after a close first half. The score stood 22-11, going into the second half, but led by Ed McKewn, Dan Holleye and Jon Chancy quickly the Law pulled away to win very easily. No apparent reason for the poor showing in the first half was given, except perhaps opening night jitters, but all quickly faded with the second half whistle. As noted in previous years, the Law who are more of a defensive squad than an overpowering offensive unit, again displayed why they are City Champs. Completely dominating the defensive boards, the Law only allowed their opposition one and sometimes two shots at the basket each time down court. This, combined with fine crashing of the offensive boards proved too tough for the Holiday Olds to match. In their second game of the season, the Law beat Brenner's 74-63 in what was a very crucial game for both teams. As the league shapes up, it appears either the Law or Brenners will $.05 for the first for each ~ ■ faculty, staff, Buffalo Law or alumni - REMAINING SCHEDULE games are played at Tosh Collins Gym on Cazenovia St. Mercy Hospital in South Buffalo. Dec. 16 8:30 Law v Celtics Jan. 13 8:30 Law v Frogs Jan. 20 7:30 Law v Holiday Olds Jan. 27 7:30 Law v Brenners Feb. 3 8:30 Law v Celtics Feb. 17 8:30 Law v Frogs All near CAMPUS The Shysters who were too late to register for the campu|, buff,-: intramural league caught a break and when a team dropped were fortunate to get that spot. They now play Monday nights '-. at 9:00 in Clark Gym. Headed by Jerry Solomon, the squad is made up of most of the players who played on the Shyster Football squad. The team consists of Jerry Solomon, Don Kaplan, Bob Livote, Lee Ginsburg, Dan Martin, Lonnie Tishman and a sensational new and upcoming star Jay Bielat. The word around campus this year is to try and stop Bielat. So far this year, Bielat is averaging 37.2 points a game, 12 rebounds and 13 assists. No doubt as long as the Shysters are around, they will have a good chance of winning the Campus Championship again. Last year the Shysters, who were made up of Bruce Norton, Terry Connors, Lee Ginsberg, Rich Clark, Tom Parmele, Jerry Solomon, Alan Snyder and "E" Tunis won the championship very easily. This year with Bielat, the team again hopes to dominate. RIGHT ON! from page 9) MICHAEL: I hate to say this Arch, but I got to agree his cigar.) When get arrested with you. (Archie dropscoming into court screaming at don't want my lawyer but it the judge. He'd make a big name for himselfm going woaldn't do me any good. When I get.bulledll thoughtthe I U.B. go to to make sure my lawyer didn't lawyer a place had a good reputation, but I'll hire real for, arrested getting on you plan do ARCHIE: Just what that demonstration meathead? Listen, if yougo down to on Friday and get.... (Enter Gloria) day? GLORIA: Hello daddy. Did you have a good (continued I . , — of School. -^—^_^__ provided or may be left in Room 216b. They may also be sent to Classified's, The Opinion, 77 West Eagle Street, Buffalo, New York, 14202. r| z p >r- H/f ff jp-j >*j ~m a j-r Mis Ma" s» mpi i f I- III WM W -m Mtx nH* *»»" » »* ■fell | ~Wx______ J does not deceive H/< ' M| ~ Kn and disguise me. Confess. I|IInI H '"" - PERSONAL I know who you are and I saw what you did. Madness Crossword N0.5 rT~~ wj! ______ 35 MM Film: Fresh, guaranteed Kodak Ektachrome (ASA 64 and 160) B/W Reloads. Unbelievable low prices. 873-7164. Classified ads and payment may be left at the main Eagle Street office in the box Brenners. Again game high went to guard Ed McKewn, who was aided Jon Chancy as well as Jeff Whoepple, who played a tremendous game off of both offensive and defensive boards. Entering the third week of competition,; the, Law stands 2 attd U, ancTit"looks for trie~66ys™~ ~" Chevelle SS, good condition, new exhaust system, new stud snows, $150, Richard Steiner, 836-1334. Classified's from students, move on to Championship play. The game itself was much closer than the score and it wasn't until late in the fourth quarter that the Law pulled away to stay. Only at one point in the game did the Law trail and that was at the beginning with the score 3 to 2. The team played very well and deploring a tough man to man defense was able to create numerous turnovers of the by 19 64 "" Opinion will only accept The Law , BflD SALE QAVI EBB 15 words and additional two words or fraction thereof. the general __fl PW** v -J-— ■ m fill Km ACROSS J 2Xff ~ _ , singing group 69. inner (pref.) 70. lock of hair majesty 71. ' 5 '"P 6 Ram nome 7. no, for old Wes, colloq. 8. letter It anad.) ... ~ V i"* home 0. Brave ou, of the wind Latvldn the pot '' *' sweeten 3. ... . -' . - -=r e «• f™ "aus" , te™ 43. track gathering 45. blood vessels 46. tame 67. Murphy 68. Brother °ff KaS, !■*<"> foir *■ betomc ~ _a__i 66. ravelling °" '■ Pi»««PPl« a *-*-*• 47. barber's tool 49. TV unit 50. laundry cycle 51 sped 53 t||, 55. Shoeless Joe's home, in 58. neighbor of 10 down 62. Mideast land 63. housewives of Berlin 65. measures J y 2 m no enlrani:e . 20. hawk or falcon of snob 22. type ":.. ,b.\ 24. nothing (Fr.) 25. Mauna Lackawanna output 26. n „„. petrol 29. - DOWN I. strolling area in Paris 5. city area 10. rum cake 14. ikon 15. jolly Balor 16. 17. blue river IS stiee cue " cal 34 35. song kind of remark 37 Landau ,n Exodu 38 er **. Leaf home 46. 19 across, for example 48. card game 50. King 52. Sprat's diet 54. Gaels 55. vegetable 56. Norse god 57. McCord ** 58. dim " 59. European Capitol 60. date on Roman Calendar 61. being 64. Karel Capek pl«y �December 16, 1971 THE OPINION 12 Humbug! Bah! cA Ckriitmai Poem hy Koherl Twas ihc week before finals And all through Hie school The juniors were frantic Learning each rule The horns and flic cases Were given close study Remember ihe motto "Get an tl shall your buddy' . The freshmen were hassled Briefing all lhal was read While visions ol Blackacte Danced through thefi heads And Bob in his workshirl And I in m> bdls Miid just settled our brains I ci [ho upcoming hells When in ihc libiary There came such a duller 1arose from my stupor To see what was the matter Twas Rickerl and (iriencr Ami Kelley and Reis season's % Rulhsloin To haunt us. to taunl us Willi biit:lint's and picas They spake nol a word But garbled ;ind mumbled And left us confused All hopeless and humbled While quoting oV Blackstone They assigned us their papers On crooks mid cinbe/./lers Cal thieves and rapers Ken Joyce jumped and vaulted Seniors twisted with lear For Ihe first day of finals Drew closer, more near But someone explained As my eyes lost their sight Cheer up. Merry Christinas The job market's still tinltt If you find you can't hack it It is all a big drag (let out of this racket Laws nobody's bag. QReetmqs i � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1971-12-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/16/1971 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:42:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/f04c343c1f79a2ec1e4d2ea5e46e6665.pdf 22206eb6e3ff2c787cb4e90ab9f8fcb6 PDF Text Text MtMv 77 **■•#.*. RMD XM».MwrY«fcl4aB Volume ■WFALO.NY. MWHttTII O THE PINION 12. No. 5 State University of New York at Buffalo School of Law November 23,1971 Conference On Criminal Justice Held Rosalie Stoll by Participants First Citizens Conference on Criminal Justice was held Thursday and Friday, Nov. 11th and 12th at the Statier Hilton. It shows promise of The Experts in all fields of criminal justice gathered with lay people from all sectors of the community in order to contribute to the solution of the being one of the most important events Jo be held in "challenge of the century as far as criminal justice is concerned" (Supreme Court Justice Gilbert A. King). A list of participants includes prominent this area insofar as "getting together" divergent ideas. The purpose of the conference (paid for by a grant from the NYS Div. of Planning) was to provide a forum whereby every point of view was welcome from both professionals and nonprofessionals. leaders in law, social work, education and communication. Keynote speakers included the U.S. Attorney for the Southern District of New York, Whitney N. Seymour, Jr., Defense Counsel for Suffolk County, Leonard D. Wexler, the Deputy Assistant Dir. of Institutional Services, Bureau of Prisons, Roy E. Gerard, and the publisher of the Amsterdam News, Clarence Jones. Panelists on Thursday included Mike Dillon, D.A., Hugh R. Jones, President NYSBA, Charles McDonough, E.C.8.A., Marino Milano, Bureau of Narcotics and Dangerous Drugs, Archibald Murray, Office of Planning Services, and David Steinwald of the SUNYAB Student Rights Committee. Conference Hosts Presented by the Erie County Bar Association in conjuction with BUILD' the AFL-CIO, the League of Women Voters and the Federation of Womens Ciubs, the reasons behind the conference were multifold. Philip Magner, President of the ECBA, noted that the rising crime rate has reached disastrous proportions, the young are disenchanted, many people believe that the hand of the law is not laid equally on all persons and that our correctional facilities do not correct, but often corrupt. This situation is likely to get Thursday Morning worse, unless meaningful change can be made, and soon, Mr. Magner stressed, "We must examine the system. to the end tfraf responsible reform can be instituted." Thursday morning was taken up addresses Mr. Wexler, with .. ' TO: Students and Faculty Belling FROM: PR. Lochner discussion (continued on page 4) Law Student Elected Rumors have apparently spread that the Court of Appeals has ruled that student who fails a course without making it up will not be able to take the Bar Examination. That particular rumor is not true. However, there has been some difficulty in certifying to the State Board of Bar Examiners those of last year's graduates who had a considerable number of failures on their records. A variety of courses of action are being considered to insure that those who graduate in this and subsequent years do not face the same problems that the graduates of 1971 are now facing. It is hoped that these problems will be resolved as soon as possible. I will let you know of our progress when the situation becomes more clear. by any Rehnquist's "insensitivity to the rights of individuals" was further cause for his rejection. The conference, billed as an "S.B.A. Presidents Roundtable," was convened by Robin Schimminger, Second Schimminger, who chaired the meeting in a non-voting capacity, indicated that he had expected the vote on Rehnquist to turn out as it Circuit Governor. did, but that the Powell vote as a surprise. "The feeling that only opposition to the nominations could now bring their rejection seemed to have been a strong motivating factor for both votes, said Schimminger. He added that, "A movement in the Senate to reject should develop as public pressure opposing the nominations arises." Schimminger felt that sentiment at the meeting was much stronger in opposition to Rehnquist than it was against Powell's appointment and stated that he, himself was came grass roots , * willing to go a long with 1 Powell's designation. The Rehnquist resolution carried stronger language than the Powell counterpart, charging an "insensitivity to the rights of individuals." The full text of both resolutions, which were dispatched to Senate Judiciary Chairman Eastland as well as Senators Kennedy, Bayh, Tunney, Buckley, Javits, Ribicoff, Hart, and Weicker follows: Whereas the President has made nominations to the Supreme Court dependent upon political considerations in additon to demonstrated legal expertise and thus opened the nominations to criteria beyond the purely judicial, Be it resolved that the Second Circuit of the American Bar Association Law Student Division hereby urges the Senate Committee on the Judiciary to reject nomination of Lewis the Supreme Court, the Powell to -and- Whereas the President has made nominations to the Supreme Court dependent upon political considerations in addition to demonstrated legal expertise and thus opened the nominations to criteria beyond the purely judicial, and Whereas William C. Rehnquist has manifested an insensitivity to the rights of individuals, Be the Second — estate. With many interests and plans for county government, Al Bowens promises to work with the better administration of the health department, drug programs and social services programs. Knowing Al, law students feel he will perform to the best of his ability and congratulate him on his victory. IN THIS ISSUE: SBA Hotter and hotter Citizen's Conference Criminal Justice Explored Distinguished Visitor Judiciary Employment Interviews Circuit Senate Committee on nomination to of reject William the the C. Rehnquist to the Supreme Court. were passed by two to one margins during the afternoon session of the conference. Both Stoll combine a career in law school with a political position. Newly elected to the County Legislature from the 6th District on the Democrat-Liberal line with 70% of the vote, Al feels his election and the success of the Democrats in the recent election is "characteristic of the times", citing the current economic climate conditioned by high unemployment and inflation as major factors. Active in politics, Bowens has served as Democratic committceman for ten years, during two of which he has attended law school. Now in his third year (four year program), Al plans to continue his legal education while serving his constituency "The secret to the whole thing is organization." Bowens does intend to actively practice law after graduation although he does hope for a career in politics. The biggest advantage law offers, he feels, lies in the development of analytical skills. He is, however, quite interested in law as relating to municipal functions including property and real it resolved that of the American Bar Association Law Student Division hereby urges the Rosalie Although many students are i nvolved in political campaigning, Alton Bowens is one student who is able to ABA-LSD SAYS NO The Second Circuit of the American Bar Association Law Student Division has called for the rejection of President Nixon's latest nominations to the Supreme Court. At an all-day conference held on Friday, November 12, the Student Bar Association Presidents and Law Student Division Representatives from nine of the eleven law schools in New York State urged the Senate Committee on the Judiciary to reject the nominations of both William Rehnquist and Lewis Powell. Noting that the President had based both nominations on "political considerations in addition to demonstrated legal expertise," the Second Circuit schools recommended rejection of both names. In addition, the Circuit resolved that by Mr. Seymour and with quite a heated following as -to supression resolutions O'Connor on Welfare Reform Whether to sell out... or how much? page three page four page six page six �November 23, THE OPINION 2 1971 Editorial Letters To The Editor Graduation As anyone who at our has looked schedule for the Spring Semester, and compared it with the schedule of other Faculties in the University, realizes, for the first time this year law students have no graduation exercises which they can attend. The Graduation exercises for the rest of the University are scheduled for the 13th of May, right in the middle of our examination period. Our graduation, which presently exists in name only, is scheduled for the 26th. The problem arises from the fact that we are the only School which has remained on the old schedule whcih has Fall semester examinations after the Holiday vacation. No students were consulted about this situation, and in fact, it seems that no one in the administration of either the Law School or the University was even aware of it. In the past, law students were able to choose between attending the administration financed graduation exercises for the entire University or attending the student-financed Law School exercises. The rationale behind students financing their own graduation was that the University was already providing a graduation ceremony which they could attend and therefore, if they chose to have their own they would ahve to pay for it. It is obvious that the rationale for students financing their own exercises at the Law School no longer applies. They are now the only students who must either finance their own graduation or have none at all. This is a sitiation which must be remedied. No one can seriously accept the statement that Law students are able to take a day off in the middle of their exams to attend the Main Campus graduation, which was put forward by several persons in the Administration. Student Funds are already tight enough and Law Students have already had enough of the short stick in too many areas. It is the responsibility of the administration to provide funding sufficient for an adequate Law School Graduation, so that in this area, at least, they will receive equal treatment with other students in the University. Patner Speaks on P.I. Law by Earl S. Carrel "No citizen would be believe any would that court enter a treacherous enough to judgement against a railroad." With these words from an address by Mark Twain in London on July 4, 1872, Mar shall Patner, General Counsel for Businessmen for the Public Interest began the first of the 1971-1972 Mitchell Lectures at the State University of New York at Buffalo Law School. Patner, j graduate ot the University oi Wisconsin and the University of Chicago Law School, spoke on "Public Interest Law Practice" to a small group of faculty and students Monday afternoon in the Law School. Dealing almost solely with his work at BPI, Patner first related a short history of the Chicago-based public interest organization and then went on to tell of some of the areas in which BPI works. Businessmen for the Public Interest was started in March, 1969 and was initially funded by Midas International Corp. and the Kettering family. Today, according to Patner, approximately 30 businessmen and five foundations keep BPI funded. This is in addition to other small donations. BPI has no formal board and no ties with any community organ i za tions. This position allows investigation into To the Editor: A majority of the SBA Board of Directors voted to disapprove the nomination by President Nixon of William Rehnquist to the SUPREME COURT. Merits of this proposal aside, it is unsettling to note that an SBA Director, directed to prepare a letter stating the bare position set forth in the resolution, should arrogate to herself the right to insert allegations concerning Mr. Rehnquist's background as rationale for the resolution without consulting the body whose opinion this letter was supposed to represent; allegations which were passed upon by the SBA only when this Director was challenged on their insertion. Such action evinces a monumental hubris, irrespective of ultimate majority approval of the letter. Michael Montgomery ResolSutiBnA2 To the Editor: At the weekly SBA circus a resolution was introduced (by Junior class representative Miss Sally Mendola) and passed that the SBA shall officially ostracize, condemn, and cast stones at William Rehnquist for the unmitigated audacity of allowing himself to be nominated for the Supreme Court, when everyone to the left of Barry Goldwater knows that conservatives have no rightful place in society, much less on the Court. It should be noted that the motion was passed before any investigation of Rehnquist had been performed by the Senate. The motion was therefore uninformed and based entirely on prejudice and bigotry against Rehnquist's made factual mistakes." In addition good relations have been maintained with the press and the local bar. These positive factors have aided the operation of the organization any to a very great extent. Patner does not advocate violation of laws and statutes. 1nstead, he favors using the legal process to test and change the laws. Unlike Chief Justice Burger, Patner feels the courts are a proper forum for social change. Since litigation is a slow and often tedious process, BPI has used other methods to advocate change and improvement. One of the most effective weapons that Patner's group has used is the placing of full-page ads in the newspapers to call attention to various issues. Among them are pollution and government mismanagement. Other areas which have target for BPI investigations and reports are school tax inequities, real property forfeitures and the system of testifying before congressional committees. After his experiences with been the governmental agencies, Patner likens them to the circumlocution office in ResolSutiBnA3 To the Editor: It seems fashionable among some of the elected directors of the Student Bar Association believe that now that they have been to elected, no one else cares what happens in have carte blanche to do as they SBA, and they like. I would like to take issue with that by saying that there is at least one student that cares what they do. I am particularly distressed by the stand the directors took on the nomination of William Rehnquist to the Supreme Court. Not because I necessarily disagree with the stand, but because the directors were elected on local (school) issues. If they are going to presume to speak for the student body on national issues, they should at least seek the opinions of other students. I think the minimum would be to lay such issues on the table for a week, to give other students an opportunity to express their and/or Class of '74 ™ OPINION November 23,1971 Vol. 12, No. 5 -- Editor-in-Chief- John R. Samuefaon Assistant Editor Vacant ManagingEditor GeoqteRiedd virtually any area. As a tax exempt group, BI'I feels its obligation is to the law and to the community. Since BPI deals with urban and environmental issues, Patner stressed, "We've never Otto Matsch In the letter which was sent by the directors on the Rehnquist issue they stated, "The Student Bar Association, by a majority vote. .." This is a questionable statement because it implies that a referendum was taken (an ideal situation, I think), when it was not. At least, if the directors are going to insist on this self-righteous procedure, they could phrase their letter so that they indicate that they are representing only their own opinions by saying, "The Directors of the Student Bar Association, by a majority vote.. .'* Since the directors were not elected on national issues, I do not feel that they represent me on national issues. The least they can do is consult the student body before they presume to represent the school on national issues. SkipConover The motion was bad enough, passing it was terrible. The SBA has the right under the first amendment to pass resolutions about almost anything, but it should remember that when it does so it gives the impression of speaking for the entire student body. (The students were not consulted by the SBA, presumably for fear that the students might usurp the power of the SBA ruling clique to appear ridiculous.) The SBA should therefore restrain itself from disgracing the Law School by passing irresponsible, irrelevant, insipid, inept petitions, anyone? opinions. political opinions. incompetent, The disgrace will be compounded when the Senate overwhelmingly confirms Rehnquist (So I predict. Any bets?) after investigating his qualifications. Recall inane resolutions. SBResAolutin 1 - News Editor Rosalie SI oil S.B.A. Editor Vacant Photography Editor SamuelFried - - ArticleEditor Mike Montgomery Feature Editor Vacant — Production Manager Vacant Business Manager Chris Greene - Otto Matsch, Jeff Spencer, David Schubel, Mark Lillenstein Staff Writers Columnists Otto Matsch, Michael Montgomery, Alan Snyder Earl S. Carrel, Alan Minsker, Jonathan Kastoff Contributors Photographers Samuel Fried, Chris Belling, Gary Masline — The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202.The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid class postage entered at Buffalo. New York. Dickens' Little Dorat where, "All the business of the country went through the circumlocution office except that business that never came out of it." Charles In .iililtiuni to his work with BPI, Patner has headed the legal defense for the Blackstone Rangers street gang, defended Dick Gregory, and was in charge of appeals test cases for the Chicago Office of Economic Opportunity. LETTERS TO THE EDITOR Letters are welcome from students, faculty, and others. The Opinion reserves the right to shorten letters too lengthy to print in their entirety. Please limit letters to two typewritten pages. Send to: The Opinion, 77 West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. alumni, �November 23, 1971 THE OPINION 3 BSA Budget Approval-Almost November 12 each UNICEF Sally Mendola proposed that the sale of Unicef Christmas Cards be allowed in the Eagle Street lounge. This proposition met with a unanimity of approval which is most rare. BUDGETS A motion was made to begin the immediate consideration of the Budget Committee's suggested appropriations by Shelley Gould and Mike Montgomery, which was carried after an opposition statement by Sally Mendola. The Budget Committee's report contained item by item allocations for organization student requesting SBA funding. Yvonne Lewis raised the issue as to whether, after approval, inter-line allocations changes should be made at the discretion of the organization upon approval by the Treasurer or by SBA vote. Bill Buscaglia and Judy Kampf noted that to allow the organizations to alter approved allocation themselves would jeopardize SBA control over student funds and eradicate the planning which had gone into the budget. Other comments were that such a procedure could result in fiscal chaos and gross misallocation that it was best to refer line changes back to the Budget Committee. Director Lewis' motion to allow organizational discretion to allocate between approved lines failed. A subsequent motion by Gene Goffin -— , by Michael Montgomery that such discretion be left with Treasurer Weinberg, with appeal to the Budget Committee and the SBA, was passed. Discussion about this issue was heated to an extent bordering on the needlessly emotional STIPEND REFERENDUM John Samuelson submitted a petition proposing an advisory referendum to be put before the student body on the issue of stipends, and stipends for the Opinion in particular. This motion was passed after the failure of a motion to table the question made by Judy Kampf. RSRB A vote on the report of the committee to discuss representation, requested by the FSRB, was postponed one week so the Directors could read it. There is a hearing on 8 December to discuss the distribution of results from last semester's Faculty Evaluation questionaire. It was decided to use the same format this year as in previous semesters, but the question of who will finance the project which is delaying result distribution from last semester was not discussed. Judy Kampf requested that Provost Schwartz be asked for an explanation in regard to the use of the overcrowded Eagle Street facility for the Justice's Conference, in light of an SBA motion of 22 April 1971 that the less crowded Prudential facilities be used for this purpose, rather than crowd students out of the Library. - - 5 cent Coffee and Stipends Again . November 5 sausages, anyway. If so In what may well be the most practical achievement of any SBA, the meeting of 5 November saw the does the 1/3 lower approval of a project to provide nickle coffee to the caffeine freaks at Eagle Street. The idea occurred after the State ruled that the SBA had no right to rake off the profit from the coin machines in the basement, as had been previous practice, because the SBA was using State facilities in a profit-seeking venture a factor which has never deterred food services or the F ac v 11y-S tudent Association on the Main Campus. Reed Cosper, who ran for Freshman Director on a platform of nickel coffee (wet feet thereby) suggested that the SBA provide $20.00 to get the project going, to be under - the control Legal of the Research Committee. The possibility was raised that this move may be in violation of our present contract with the vending machine company has violated the raising the price - a company which wage-price freeze by of Slim-Jim beef this may force the FSA to service this school as it Main Campus, i.e. at prices than we pay. COMMITTEES Reed Cosper's conclusions as to student representation on joint committees were that any discussion of proportions was irrelevant since the committees have no apparent power and the Faculty and Administration are not in any way obligated to follow their conclusions. His recommendation was to continue participation in the present committee system while attempting to formulate a more viable and effective means of student participation. The consensus of the body was that student representatives, on each committee report to the SBA every month, as per an of last year. unenforced resolution ACADEMIC STANDING COMMITTEE SBA three President joint Morris reported that committees have been merged into the Academic Standards and Grading Committee, or something like that. The result is that the present 5 student represen tatives on the dc funct committees must be pared down to two. It was decided to appoint Richard Clark and Jay Bielat to these positions pending an FSRB determination of the proportion of student representation per committee. SBA DISAPPROVAL OF REHNQUIST Sally Mendola presented to President Morris a letter she had prepared for distribution as per the resolution disapproving Mr. Rehnquist's appointment to the Supreme Court. President Morris refused to sign this letter, unless directed to do so by a majority of the SBA, because the letter as prepared by the Junior Director contained allegations about the past record of the Nixon nominee which had not been voted on by the SBA and were therefore not representative of the body. A motion to accept the letter as written, with the caveat that it represented the majority of the SBA only, was passed 12-8. - STIPENDS AGAIN AND PARLIAMENTARY FOOTWORK A petition containing 196 was submitted under the Constitution to the SB A for deliberation, advocating an amendment to last week's resolution barring stipends, to the effect that the SBA signatures would be allowed to guarantee stipends requested by the Opinion where the paper could not generate enough income to cover the amounts. Parliamentarian Lee Ginsburg observed that since the proposition contained in the petition was contrary to the previous resolution, the previous resolution must be rescinded by a 2/3 vote before the petition's proposal could be voted on. President Morris so ruled. Ross Zimmerman challenged the rescission of the previous resolution, which challenge failed 12-8. A vote on the repeal of the resolution barring stipends failed to attain the necessary 2/3 majority, and the proposition contained in the petition, signed by 196 students, did consideration. not come up for Stipends, Rehnquist Debated there October 29 The SBA meeting of 29 October dealt first with the issue of Stipends for certain positions in certain organizations. Besides the usual horde of officers and directors, this hotly debated session was graced by the presence of first Assist. Provost William Greiner, then Provost Richard Schwartz. These gentlemen did not participate in the discussion at hand. STIPENDS John Samuelson, 2nd Vice President and Opinion Editor, initiated the debate on this issue. He suggested that such compensation was absolutely necessary for the continued existence of the paper. He pointed out that while other student groups such as Law Review and Moot Court get course credit for their work, the Opinion cannot offer this sort of inducement. Samuelson emphasized that some form of inducement is necessary to attract people to do the drudgery of copy, work which production, and layout presently requires about 20-30 hours of from the editor. work a week - Advertising. The Editor pointed out that he is not requesting an actual allocation, but rather a guarantee of stipends by the SBA should the Opinion not be able to generate from enough of its own income, Judy Kampf spoke in advertising strong opposition to the consideration of stipends for any student organization. She pointed out that is no basis to distinguish the newspaper from any other student group who might' be equally 'deserving' of stipends. Student — organizations are strictly voluntary buying student input isis no guarantee of quality, the need for which is cited as a rationale behind awarding stipends. Administration Support? Reed Cosper and Mary Anne Hawco both suggested an application to the administration as an appropriate source of support. Cosper suggested tfiat the Opinion is an integral part of the Law School, as is the Law Review, and serves a unifying and at least quasi-educational function. The responsibility for its support should be on the UniversityAdministration. Stipends Down Lee Ginsberg moved that no stipends be given out to an SBA officer or any student organization. In support of this blanket denial Ginsberg noted that members of ;iil student groups put in a lot of time working on their interests, and should stipends be granted to one group it would be difficult to deny any other group the same support, a support which the SBA cannot afford. In speaking against the motion, Samuelson noted that the Opinion is unique in two ways: it is the only school-wide service organization except for the SBA itself, and is the only income-producing student organization. Aldridge Willis supported the Editor, stating that many of his Freshman constituents support the stipend issue because the newspaper encompasses all other organizations throughout the school. Votes 10-9 in favor of the against stipends for any group. motion Observers. Possible duplication of effort was felt to be a monetary allocation problem for the Budget Committee. FSRB POVERTY HILL Judy Kampf reported that the Faculty Student Relations Board had met and that Professor Homburger, its chairman, will accept for Board consideration any student complaint in writing submitted to him. The issue of student representation on the altered Faculty-Student Committee System, presently before the Board, was referred to Sally Mendola, Reed Cosper, and Mike Berger for SBA input. NATIONAL LAWYER'S GUILD The constitution of the newly formed NLG was submitted for approval by the SBA. Formed in the '30's as an alternative to the ABA, this group has attempted ever since to be in the forefront of the liberal movement in A merica. There are the approximately 60 chapters Student Chapter at the Law School - would apparently be supplemental to a preexisting graduate chapter presently in Buffalo. Planned activities include newsletters on Attica and community legal needs, and street sheets advising high school students, tenants, and demonstrators of their legal rights and obligations. It was p om i I'd out that this organization has overlapping goals, programs, and indeed membership with Concerned Law Students and Legal The Law School's representative on Sub Board I, übiquitous John Samuelson, suggested a general meeting of the Student Body to discuss Sub Board's option on Poverty Hill prior to the referendum on 4-5 November. (So few people attended this meeting, when held, that it was canceled due to apathy). -Ed. NIXON'S SUPREME COURT CHOICE Sally Mendola moved that the SBA resolve to disapprove Pres. Nixon's Supreme Court nominees, notably Mr. Rehnquist. Director Mendola asserted his unfitness because of his record on civil rights, wiretapping, and the May Day arrests in Washington. President Morris opposed the resolution, asserting that the SBA should not take positions on what are essentially national political issues, particularly when the Directors have had no opportunity to check the positions Gene of their Goffin constituents. noted that he would probably oppose any man Nixon appointed. On a close vote, a motion was passed expressing disapproval of Mr. Rehnquist, to be sent to the local newspapers and the appropriate legislators. �November 23, 1971 THE OPINION 4 FiRsT Citizens Conference On CRiMiNAl JUSTiCE (continued from page 1) evidence. Mr. Seymour stated that "the criminal courts are bursting at the seams," and that delay is the most important problem, both for society the defendant. However, Mr. and for Seymour felt that we must untie the hands of our police officials in dealing w ith crime. Although most changes in the admissability of evidence have been long overdue and the courts should - embrace them heartily and use them the dichotomy of objectives borne in mind whether the objective is to let the guilty man go free or to educate police officers. Mr. Se y m our suggested possible censure againstoffend ing police officers, but not the dismissal of the case, since society should not be subject to criminala at large. however must be - "Sporting Approach" Another aspect of the legal system . What Should be a Crime What is so wrong with placing our faith in humanity?" Mr. Milano of the Bureau of Narcotics aand Dangerous Drugs sided with Mr. Seymour in his faith. , by Bob Brosius , Crime" emphasized largely victimless crimes, practices in private. Use of drugs, X m ent,oned. Minority group members mrii ana emphasized the criminality of excluding k and and ruerio R cans) (black (employment, housing, fair them from the inst them But by t aws of the seminar was on the laws dealing with homcsexuaHty sexual morals particularly GeVrge R. Blair, Esa Waal! Unlt Haynes, Biology Professor at State, President of the SA, James D. County Probation Dept., Erie L Hutchinson, Director of the Vice Investigation, h Kennedy Chief of Buffalo Bureau of j of the County Court, and Mrs. Barbara Sims, at ÜB. Opportunity of Equal Office current director of the entensively; A variety of myths were explored conduct) to protect homosexual ) we need the law (proscribing to protect the the procreative function of the human race and institution of the family. for arresting and punishing 2 ) we need the law to act as a basis those who use force, molest children or offend public sensitivities by Be a Should oe "What What bhouw Workshops SUC wara°so t"ir; S Puerto £»««» *: pTnary eVpLst fhl Thursday afternoon was devoted to workshops. Unfortunately, though the program had called for a flexible give-and-take, the first half hour of ?most workshops was taken up with the introduction and listing of credentials of the panel members. Once underway, however, most workshops proved quite enlightening, some in disseminating information, but most in presenting and vo icing conflicting ' Zde Ki&JS'cta*. Chafes fudge Joseph Molina opinions. The five Thursday workshops and their moderators were: Trial Delays, Hon. William Heffron, Senior Judge Erie County Court, Free Press-Fair Trial, Cy. B. King, Courier Express, Juvenile Justice, Chief Judge Raymond 1 PU 3°) statute by eliminating the consensual sodomy sorts of criminal activity, corrupt our crime, increase drug addiction, decrease If Wβ open the door we will encourage all youth, increase organized respect for law and order, etc. 4.) If streets, (a we approve this change, our children won't be safe on tho citized). Professor llaynes stressed that homosexuality was perfectly within the range of natural human activity, Rev. Carnes and Mrs. Sims further made the point that enforcement of the law., against homosexual practices cause more harm than the proscribed activity in both in terms of society and the corruptive powers the first place of discretionary justice in the hands of law enforcers. Mr. Hutchinson suggested that the definition of crime must be narrowed to activity which was harmful to individuals or society. Judge Mattina pointed out the lack of commitment to solving social problems on the part of both the government and people in general. A number of different views were expressed by citizens in attendance, and while no consensus was reached, the points in favor of law reform in the area of consentual homosexual acts wore certainly well made. - questioned by Mr. Seymour was the the constant emphasis on winning 'sporting appro ach' to law often - Niemer of the Family Court, What Should Be a Crime?, Rev. Paul N. Carries, Conduct of Counsel, Defendants and Judges in Controversial Trials, Hon. John T. Curtin, U.S. followed by defense counsel who may know positively of his clients guilt, followed be defense counsel who may District Judge.. know positively of his client's guilt, of defense Trial Delays the emphasized the roles counsel and the prosecutor, and noted everyone in the Trial Delays attracted few that it is the duty of criminal process to do the best he can; non-attorneys and dealt mainly with the defendant must insist upon his the problems of providing a speedy constitutional rights. "If everyone does trial as well as the possible effects of the six month rule. his job the way it has to be done, the Joseph McCarthy, Chief Trial system will work." Anyone can defend an innocent Assistant with the D.A.'s office, cited reasons for delays as the sheer number man, Mr. Wexler noted, but a guilty of cases, lack of time and lack of man nevertheless should be defended, for in defending even hardened court facilities, as well as the criminals you are defending your own unavailability of defense counsel. Due constitutional rights. "Miranda, to the many hearings that must be Escobito were hardened criminals." conducted, delays are almost Search and seizure is illegal, under unavoidable; therefore to resolve the the Fourth Amendment, but illegal number of pending cases, reduced pleas search and seizure tactics have been often come about. Naturally, Mr. allowed until only very recently by the McCarthy was in favor of fair but speedy disposition of cases. courts. Mr. Wexler emphasized that "1 believe in our constitution, our laws as Vincent E. Doyle, Jr., Chairman of justice." way attaining to the the ECBA County Court Committee Illegal confessions and lineups were responded with reasons why defendants also discussed. Wexler noted that you can't or won't go to trial more must not characterize an insistance on quickly, noting that while vengeance is swift, justice is not. In the period a constitutional right as an admission. they're bargaining? Wexler: before trial, tempers often cool off, the Plea "If defendant must have the opportunity giving, we're taking." to re tain the lawyer of his own Wexler further noted that there are choosing, and further, defendant is able not enough judges, prosecutors and to prove his ability to 'go straight. It help. He noted that "we must get into any the communities and solve our is in the public interest that before problems, but don't take away our determination everyone has the opportunity adequately prepare to a constitutional rights." defense. Search For Truth? Mr. Seymour expressed a fear that the trial of a criminal case is no longer a search rules for truth, since with exclusionary knowledge is taken from the jury. "Why can't a jury be cautioned by the judge that this was improperly seized. In the ensuring discussion, Audience Input The Juvenile Justice seminar concentrated heavily upon audience input. Fears were raised as to how morality could be expected of children when parents may set no examples. Issues of adult morality and the breakdown of the system were raised. Judge Niemer was instrumental in explaining the function of the Family Court in dealing with juveniles, c xplaining the facilities available in juvenile courts that are not as easily available in adult courts, i.e. psychiatricevaluation. "Junior Criminal Court" Further, he emphasized that children should not come into a junior criminal court, nor should they be treated as criminals. The court has a dual responsibility to protect the community as well as to rehabilitate the offender. Participants tried to place responsibility for children's crimes some said responsibility lay with the home, others said with the community others claimed with the schools. - - Although no specific proposals or solutions were reached, the interaction between participants proved exciting and averting and panelists important in possible misunderstandings. future Lawless Luncheon The highlight of the Conference was Thursday's luncheon with Hon. William B. Lawless, former Justice on the New York State Supreme Court and the former dean of Notre Dame Law School. While at Notre Dame, Mr. Lawless established a second year law program for American law students to study both American and English law in London. He is currently making a study of how English law may be applied to American law. The focus of Mr. Lawless address was a comparison of the Anerican and English systems. Discussing the American legal system, Mr. Lawless noted that "we are in a state of , �. November 23, 1971 THE OPINION urgent, urgent crisis, the entire structure of the legal system can collapse. if we do nothing but talk, do not act." Therefore, he felt, Americans can learn from the English system and draw from the English experience. English cases are, on the whole, handled much more speedily than their American counterparts. In England the average time between arrest and commencement of trial is one month or less; in the United States from at least 60 days to one year. Part of this springs from the fact that Grand Jury proceedings have been abolished in England; the selection of the jury also takes less time. Further differences between the two systems can be highlighted by the wide discretionary powers available to the English judge in summarizing and commenting upon evidence. There is also in England a pressure upon the accused to testify, a feeling which Mr. Lawless did not agree brought the best possible justice. Pre-trial publicity was also a field dealt with by Mr. Lawless. In England, the news media are rigidly controlled and in general, cannot comment before a trial. One exception, however, is that anything a witness says is fair game the moment it is said before the jury. Mr. Lawless felt this was an effective technique for preventing trial by media. One superiority of the American system is the availability of legal aid here. In England, if the judge feels the case is not unique at the magistrate level, the defendant is not entitled to free legal aid. The procedure on appeal in England is completely different from that in America. In the United States we must wait until the transcript is printed up and sent out. In England, appeals can be made more quickly, since only in rare cases will the direct transcript be read; rather, appelate judges listen to counsel and judges' precise. Mr. Lawless emphasized that he was not suggesting that the American system adopt English procedure, but rather that he was opting for streamlined procedure without adding on time. Penal Reform Clarence Jones and Roy Gerard, Friday's keynote speakers, each agreed what the present penal system failed, and must be reformed. has Mr. Jones, a feels that the systems must negotiator at Attica, judicial and penal be seen within a sociological framework. One of prisoners' feeling are further ramified by the disparity in New York State in the ethnic composition of the guard force. He suggested that New York State begin a crash program of quickly infusing members of minority groups into the guard forces. Rehabilitation One problem that Jones, an attorney brought up was that if, ostensibly, the purpose of prisons is rehabilitation, does a prisoner have an enforceable right to have an affirmative rehabilitation. He questioned the extent to which the penal system can be made to carry out the responsibility for which it is supposed to exist. Prison Official Speaks Roy Gerard, the Deputy Assistant Director of Institutional Services of the Bureau of Prisons, recognized the failure of the present system. He felt that it was necessary for the reasons this feeling to be examined. Some of the commonly heard complaints are that the institutions are outdated. There are no programs to meet the needs of the inmates' rehabilitation. Further, sentences that many are dealt our are inconsistent sentences are too long, people who have committed the same crime have w id ely divergent sentences. Another for — complaint among inmates is that parole boards are not sensitive to what is going on. To these complaints, Mr. Gerard answered that "Those of us who have been in corrections for some time are aware of the problems." He stressed that there must be a more humane way to treat those who violate our law. The Outrage the major problems in the penal systems nationally is the high proportion of inmates from minority groups. These prisoners' dominant theme is one of cynicism and bitterness. In dealing with the penal system, Jones noted that one must be aware that he is dealing with the prisoners' deep- rooted psyche as to how the system operates. Jones further noted that the federal government must do of planning to meet the new kinds problems with solutions. Aftercare was 5 emphasized strongly by Mr. Gerard. In the panel discussion following the keynote speakers, more problems were raised. Mr. Hope R. Stevens, past the Harlem Bar Association, expressed outrage at n i st itvt ionalized racism' and those factors which have brought this about. - solution was put forward toward penal hesitantly by Brother Bob reform Wagner. Although it would only affect institutionalized juveniles, it was a step toward reform. - Friday's Workshops president of ' Mr. Frank Caldwell, Commissioner, N.Y. State Division of Parole, related the plight of the parole commissioner today. He was very angry with attorneys at parole hearings who are now allowed to attend. Often they tell the inmate who is up for parole to "plead the Fifth", resulting in the parole board's inability to extract information from the inmate. He further felt that the greatest protection the community has is to permit an easy flow out of the prison and, in a neecssary event, to allow for the Five workshops were also offered Friday afternoon. Crime Prevention and Education, Rev. James Demske, S.J., President Canisius College, Civil Disorders and Mass Arrests, Hon. William Ostrowski, Associate Judge, City Court, Availability of Legal S crvices, G c orge Wesse*-, President, Buffalo AFL-CIO Council, Long Range Planning & Permanent Citizens Group, Hon. Reid S. Moule, Supreme Court Justice, A ppelate Division, Judicial Selection, William D. Hassett, Jr., Businessman. Legal Services parolee's expeditious return to prison. At the Availability of Legal Services Workshop, Nat Barrell, Director of the Legal Aid Bureau of Buffalo, explained exactly what services Mr. Caldwell begged those present were available in Buffalo. He strongly not to tie the hands of parole boards disagreed with the Chairman of the with rulings that allowed a parole ECBA Judicare Legalcare Committee, violator to be free in the community David P. Feldman, who expressed the fear that legal aid attorneys were fresh when he was a danger. "Do not leave us in this middle ground where we out of law school and overburdened. don't know where to go." Mr. Barrell noted the competence of legal aid lawyers in Buffalo, as well as D can Richard Schwartz, also a their experience. panelist, questioned whether the correct place for decision as to whether a violator should be returned to jail was Reverend Ford of BUILD stated that "In our society today the rights not before the parole board, but rather a expressed He fear and availability of legal services are as before the court. of a loss of due process. vital as food, shelter, and clothing." He feared that the programs that are set Other panelists and participants up by professionals end up making the included Hon. Frederick M. Marshall, professionals richer in the guise of Administrative Judge for Criminal aiding the poor. Justice, Eighth Judicial District and Mr. Irving Fudeman, past president of the Parole Board's Hands Tied ECBA, the co-chairman, as well as the Rev. Carl F. Burke, Chaplain, Erie County Jail, Frank M. Festa, Superintendent, Erie County Jail, and Ms. Betty D. Friedlander, Chairman, C ri min al Justice Sub-Committee on Criminal Systems, NYSBA. One Solution Although many thousands of words were exchanged, only one positive Audience likewise a reaction expressed fears. As community expression, this workshop proved to be a viable method. However, solutions to arise out of the entire conference will be seen in the future. The conference was a good beginning, but where the community goes from here is the important result whether any effective change will come about as a result of this conference. range of ideas and a sounding-board for - Notes Frown Elsewhere by Michael L. Montgomery PEOPLE'S LAW SCHOOL the JOURNAL the Legal Profession, this program will hopefully serve to expose the budding barrister to many facets of his newly chosen profession which he could not encounter in the classroom milieu. Participating attorneys include members of private firms, a public defender, county prosecutor, federal attorneys, and public interest and Movement attorneys. in Stanford Law School Stanford chapter of the National Lawyer's planning to form a People's Law School in Alto area. The proposed new school will attempt to combine the theoretical study of law with active involvement in community legal projects. The courses are intended to be taught by ex-convicts, legal workers, lawyers, and law students. They will be free and ungraded. Patterned after a similar establishment in San Francisco, which reported 750 students, the organizers of this new school hope to provide legal information to people about areas of the law that effect their daily lives. It is also proposed to train workers in specialized legal skills so they can serve the needs of the community. Included in the proposed curriculum are courses in street research and investigation. The latter two courses will be prison oriented primarily towards legal workers. The series course will be a lecture and ofdiscussion corpus, habeas writing writs supplemented with visit visiting prisoners, and transporting people to The Guild is the Palo prisoners in jails. STUDENT-LAWYER MATCHING which might An innovative program at Stanford la one which w II well be implemented in Buffalolaw with students year second pair first and practicing attorneys in the area. Entitled Alternatives TENURE IN THE NORTH Obiter Dicta Osgoode Hall, Toronto Students in this Canadian law school are the desirability of abolishing the present policy of granting tenure to professors. While such a policy may provide liberty for the innovative, it may also provide a license for the incompetent. Ron Dash, student legislator, pointed out the undesirabUity of granting tenure with negligible student input, especially when the individual involved turns out to be an incompetent teacher, for there is no mechanism for further review. Suggestions are as follows: basically bitch like hell to anybody and everybody, because there is no other mechanism outside of student complaints to make any student input heard. examining SPORTS of Buffalo may have the Shysters, ethereal masters the football field, but our cousins up North are blest with a team in that most superlative of sports, sailboat racing. York University provides their sailing team with boats and travel money to local and not so local regattas. Of course, they are not all that good. Not nearly as good as me, for that matter. In their last regatta at Kingston, Ontario (the only place in the world where compass needles revolve in circles due to iron deposits) they had two capsizes, one sinking, and one mast fell over out of four boats. - That's not performance. Maybe when the new campus is finished here we can get some sort of sailing team going on that ridiculous lake presently inundating the Amherst flood plain. Then 1 could engage in my own realm of expertise and break off rudders, splinter masts, and fall overboard with all the grace of an overweight walrus trying out for the Moiseyev Ballet wearing lead weighted swimming flippers. SEARCH FOR A DEAN Like so many other schools, Osgoode Hall is presently bereft of leadership. Student input will be the keynote in the present search for a leader, however, with two voting student members on a search committee of five representing the law school. But all hopes for chaos have not yet been the various factions of student ex t inguished government are so much at odds with each other legislative body is unable to name a that the mutually acceptable pair of student representatives on the committee. - �November 23, 1971 THE OPINION 6 Jnt'l law Club Faculty Meeting by Yoran Dinstein Speaks Yoran Dinstein, Professor of Law, author, and advisor to the Israel U .N. delegation spoke before the International Law Club November 9 th on Contemporary International Problems. His lecture centered around Arab-Israel problems and the legal difficulties that exist between the countries. Since the 6 day war Israel has come into possession of new territory, but Professor at Tel-Aviv Faculty Dinstein relates unless a treaty or an agreement can be reached the State of Israel can not annex the territory although Israel can remain in possession as long as the military and not civilian authority run the territory. is a new concept in International Law, and there exists at this time, a mixed status of laws of war and laws of peace. He feels that time is on the side of Israel and if a long enough period passes then International body has avoided every war and peace issue of this decade. Politics, the big powers and human rights were topics of discussion which he touched on in an informal question period afterwards. prescriptive title may pass to Israel without a formal declaration ending hostilities as is traditional in International Law. Turning to problems at the U.N. he feels that -biitinauiiked Viilton 3orum O'Connor on Welfare Reform Rosalie Stoll "Welfare Reform" was the subject of the October 27th Distinguished Visitors Forum. Michael O'Connor, a Reginald Heber fellow, and Mrs. Mildred Prin, Chairman of the Buffalo Rights Action Group, presented their views on the current New York State Welfare System. The purpose of the welfare system in New York State is to provide for the basic needs of persons without resources. Of the 70,000 Erie County recipients, Mr. O'Connor stated that approximately 60% are children receiving under ADC and 20% are the parents of those children. Approximately 10% of the recipients of Social Service money are on the Home Relief program. Mr. O'Connor, who is currently working with Neighborhood Legal Services, virulently opposes the current New York Welfare Reform Program. Its four main propositions, he stated, include a residency requirement, the cutting of grants by 10%, the establishment of an Inspector General's Office and work rules. Mr. O'Connor served as local counsel for Lopez v Wyman in overturning the New York residency law. In an upcoming case, v Wyman, Mr. O'Connor will be challenging the New York "Work Rules". The residency requirement, which was enjoined by federal court in Buffalo, was, according to Mr. O'Connor, the least important of the four major provisions, since it affected only about 12,000 recipients, whereas the State Doblino ' others affect more substantial numbers. Under the second provision, grants would be cut by 10%. This is, Mr. O'Connor states, difficult to organize against, because it comes within the discretion of the legislature. The Inspector General's Office would be an independent body responsible directly to the Governor. This would investigate abuses in the welfare system. Its main purpose, it was suggested, would to attack cheating and be liberal administration by caseworkers. However, the opposite point of view holds that, from the start, this would have an intimidating effect upon welfare recipients, since they are hesitant to enforce their rights. Prior to July, only 6% of the Welfare recipients were considered employable. Now, any recipient over the age of sixteen is, unless he can prove the opposite, employable. Mr. O'Connor fears that Social Services can thus impose certain child care rules on a mother receiving ADC. Co-incident with this employment provision, recipients must now pick up their checks in person. No allowance is made for transportation or babysitting. Persons living in rural areas such as the Cattaraugus Indian Reservation are under the same obligations. Commenting upon HRI, which was passed by Congress last spring and is currently before the Senate Finance Committee, Mr. O'Connor stated that "My reading of the bill indicates it is just as repressive as the New York program." He feels that the welfare reform programs to date refleet accurately the attitude of a majority of the legislature, "The majority of the public is ignorant of the needs of the poor." Mrs. Prin, speaking on behalf of poor persons, explained what she considered their needs to be. "We're going to eat and be clothed, just like everyone else in the country. I never heard them say 'we're not sending your son to war because he's on _the welfare." Further, Mrs. Prin stated, "We don't have babies to get welfare checks because we know . they aren't taking care of the ones we have .The poor are not lazy, and we don't have Caddys." No child is responsible for his parent's income, Mrs. Prin noted, and some people are always going to be on welfare. As for the work rule, "I am for work, 1 believe in work, but I don't feel work is greater than people." Setgfio & Meinaxdi . See our fine selection of R,,?r.loNY "„*'"'" 877-UUdd . -- trousers sport -ties Ready to serve you at 2 locations Main Place Mall AlLeCastre (upper level) Alan Kemp BernieLeCastre 852-1750 R chard Pantano jackets Sergio chiappera J<=ffJ°"« Dave Quaekenbush as Assistant Professor of Law and Goldstein. Voting was 20 pro, and 1 con. The final matter brought up at the meeting was the Student Course and Teacher Evaluation (SCATE). Each professor received copy a of his evaluation from the fall and spring of last school year but they were not yet publicized. Several faculty members raised questions as to the reliability of the results. Professor Horn burger (Chairman of the Faculty-Student Relations Committee, the sponsor of the survey) replied that a set percentage of responses was necessary before any course would be accepted by the computer. Another weakness cited was that since not enough students responded in some courses, professors were prejudiced since their courses would not be included in the final evaluations based on the sum of their courses. Junior S.B.A. director Mike Berger questioned the perceived objectives of the evaluation. Professor Katz responded that the faculty-student committee had a dual purpose in mind. First, to guide the faculty in their teaching effectiveness and second, to guide students in their course and teacher selection. A motion was then made to send the questionaire back to the Faculty-Student Relations Board so that they could make their own evaluation of the statistical merit of the results and decide what to do with the whole matter without any need to bring it back to the faculty for approval. This was proposed because since the evaluation was made by a joint faculty-student committee it was felt the faculty should not hold a veto over it. The motion passed 14-0. Employment Interviews by "bar membership", "number of tax courses", regarding Alan Minsker There is generally a two, or three, step process involved in gaining employment with either a governmental agency or a law firm. This process includes submitting a resume, an interview with a representative of the prospective employer, and, quite often, a formal application accompanied by official academic records. It is the second step of this process to which this article is addressed. As a result of interviewed many people in the course of doing research for the Office of Student Affairs, and of being interviewed on several occasions for employment, the author feels knowledgeable on the subject. What is the purpose of an interview? An interview form used by the Internal Revenue Clothiers -- knitware shirts - suits Mr. Wenger's appointment Law Librarian was the next matter voted on. It was pointed out that by being on both faculty budget line and library budget line (half a line each), Mr. Wenger would not be under the complete control of the central library and Miles Slay ton. Student opinion on the appointment was reported by Professor having In theNew Tradition 2136 Delaware Aye does not belong exclusevely to any faculty or department. By making full use now of the exclusively to any faculty or department. By making full use now of the The proposal was put into the form of a motion and passed. space and This by Robert Friedman on November 3. The The monthly faculty meeting was heldsupporting staff of the first motion considered was to permit the in on faculty meetings. law school to send a representative to sit the supporting staff to permit This passed 18-1. A motion to use the faculty lounge was also passed. of space regarding leasing the The Bar Association proposal was next at 77 W. Eagle Street after the law school moves considered Professor Davidson questioned whether the Bar fact that the rest of Association gave full consideration to thelegal clinics of various the building would be used for student possibly kinds with an assortment of students, clients and the Bar demonstrations at times using the building. Since building past with the school in the Association had shared the any problems of involved. they that assumed were aware it was rental Professor Goldstein queried as to the disposition of the of the from the lease. He was answered that the general fund Universith would from the lease. He was answered that the by entire building would of the University general fund of the the law school would be barred by the lease. Proponents of the by made the building were not leasing felt that if full use of the law school immediately (via lease and clinic programs) then the law school would almost definitely lose control of the facility. This is because all space in University buildings is University Service offers some answers. The form seems to be divided into two basic categories, one dealing with information intended to supplement an applicant's resume and formal application, and another which deals with personal qualities. In the former category, the interviewer fills in information "types of tax courses", "accounting experience", "other legal experience", and ''employment location limitations". In the latter category, the interviewer is requested to rate (excellent, good, good, fair, poor) the applicant in terms of "appearance", "personality and demeanor", and "ability to express himself (sic)" "General fitness is rated as very "outstanding", "above average", "poor", or "unsatisfactory". Presumably, the evaluation of an applicant's personal qualities is made with reference to interviewer's as an attorney for that is, the will utilize the social norms and values of the IRS to decide what is "good", "fair", "poor", etc. Finally, there is a space roughly Vh inches x 6 inches in which miscellaneous comments may be written. All this information has to be ascertained within twenty to thirty minutes from the "How do you do" to the "I'm sorry, I wish we had more time to talk and get to know each continued on page 8) experience the IRS; in tervie wer �November 23, 1971 THE OPINION Sports by Upon entering championship play the Shysters had not allowed a point to be scored against them in their last four ballgames. And now the count is up to five games without surrending a touchdown. The stellar defense is headed up by defensive captain Lee Ginsburg who patrols the deep zone. His two able defensive halfbacks are "Mad Dog" Vinny Tracy and Bob Livote. This trio so far this season has intercepted eleven passes and as yet hasn't been burnt. In front of backs is a late addition to the squad, parading as a Roger Stone, and that has been just what he had been on defense. At his middle linebacker spot, he has three interceptions to his credit, and to forget his many openfield tackles. Rushing so not far this season has had many different players giving it a try. Among the rushers have been Tom Parmela, Sam Nc ii in.m, John Janiak, Dan Martin, Don Haight, Jerry Solo m on, and player Alan Snyder. As long as the defense keeps giving the ball to the offense, Dan Martin, who is the Shyster's AH Star Quarterback, keeps putting points on the Scoreboard. Martin who has been out for some time with a sprained ankle, has been averaging about 14 points a game, these points come from ends Doug Roberts, who could possibly be the Otis Taylor of the Campus League. Martin gets his protection from blocking backs Tom Parmela and Don Haight. John Janiak, also a new comer this year plays at blocking back with some good shots given to many oncoming rushers. The silent man on the Alan Huddle Snyder squad and possibly the unsung hero is center Don Kaplan, who seems to come up with that certain catch to keep the team shares moving. Kaplan also the kicking duties with Yin Tracy, while both can boom the long one. The other end is Lee Ginsburg, who is possibly the only 60 minute man in the league. His constant play has helped the Shysters over and over again. In Cro&Aword A 10.4 Jon Kastoff first championship playoff game, the Shysters beat the Humans 13 to 0, to the enter the quarterfinals. They must play next, the only team to beat them this year, that being the Sammies. The boys are up, and all the feelings expressed for a good game. In defeating the Humans, the Shysters didn't get on the Scoreboard until late in the first half when Martin spotted Kaplan all alone in the flat, then hit him with a pass as he waltzed into the end zone. Ma r tin also connected with Kaplan for the extra point. After linebacker Roger Stone picked off one pass, and safety i <■>■ Ginsburg batted down many long bombs, Martin hit end Doug Roberts with a 79 yard pass play down to the Humans' 1 yard line. Two plays later Martin hit Ginsburg who made a diving juggling catch to round out the scoring at 13 to 0. The game was over when Yin Tracy made one of his patterned interceptions to stop a last minute rally. With four games remaining the Shysters promise to give their and win the championship. For two years Shysters have played now, the the part of the Bride and this year needless to say, they are playing for all the marbles. all to try HOOP SEASON With the first season game scheduled for December 3, the LAW has started to make preparations for the upcoming season. In the past three years the LAW team, who was first started by Fred Garwood, now graduated, has compiled a record of 30 wins and 1 loss, while winning the City Title twice. This year the team will be coached by Dan Holleye, who succeeds Fred Garwood, and Steve Larson as the main man. Holleye will be assisted by senior Alan Snyder, who is in his third year with the t Practice sessions have been called, and all interested can come to Tosh Collins Gym located at Cazenovia and earn. Abbott Roads right across from Mercy Hospital in South Buffalo. The LAW will probably be practicing on Tuesday and Thursday nights at 9:30 for the next few weeks. All are urged to come and play. If interested, see Alan Snyder in school or at thc gym at the nights of practice. The LAW being defending champions, hopes to have another shot at the title. As the team has not officially been made up as yet all are eligible to play. Anyone not interested in playing for the LAW, may start his own team and enter it in City League competition. Just go to City Hall, fifth floor, Parks and Recreation and fill out an application. As of last Friday they still have room for twenty teams. The Campus league, due to such a large turnout, is not taking any more teams for this years league. ACROSS DOWN 1. bio. or chem. 4. house part 9. nose 13. angelic instrument 15. shooting position 16. terrible Tsar 17. type of dosage 18. Bartletts 19. nyet in NY 20. sneaky guy 21. burden 22. novices 23. raged 25. Abner 26. Kradem's vehicle 27. adds depth 31. tapestry 34. viewed 37. C.N.R. necessity 38. relaxer 39. switch tracks 40. European capitol 41. not real (abbr.) 42. truthful 43. music combo 44. tranquilizer 46 stout 47. electnc particle 48. German songs 52. repent RiGHT ON! 55. French souls 57. Eurasia divider 58. Pacific Isle 59. arrest &_by OTTO MATSCH THREE FOR THE PRICE OF THREE saying is that with the exception of blacks, who could be expected to vote for a ticket featuring a black V.P. candidate, the rest of the Poor Eddie Muskie. Recently he made some nice people the Democrats regularly enlist under innocent remarks to the effect that if running select black their glorious banner to promote peace, progress a nominated he would not and all that good stuff are too racist to vote mate because the country was not ready for a no for a black. He is right, so leave him alone. were say black veep. He didn't there To solve the dilemma I recommend the qualified black politicians around, he didn't say it will Democrats use a Muskie-Wallace ticket he did not want a black vice president, he appeal to both Northern and Southern bigots. didn't even raise his Polish heritage as a defense. But suddenly every political The SSSB (Supersonic Schoolbus) opportunist leaped right onto his chest. Nixon called it a slander against the country. Lester A great hassle has risen among the suburb Maddox called it a racist statement. Some dwellers now that busing is looming as a blacks called it insulting; others said that prospect for their very own darlings. In definite they although they disagreed with him some Southern cities the townfolk have gone as respected his honest opinion. In general Muskie private academies to keep their forming far as got the short end of the stick, with almost all children away from the integrated schools. In politicians and commentators against him. Poor the more moderate North, school buses have Muskie. A been burned and marches organized. But I agree with him. Upon examination of to bar busing is constitutional amendment his statement, that a Muskie-black ticket would and the offices, Congressional floating of all, around not. win, it is apparent he is right. First House added three amendments to the $ 1.5 he is not speaking of all America. Only those billion desegregation bill barring the use of over 17 and thus eligible to vote next year are of the federal funds for busing school children out of segment included. And of that their own neighborhoods with Northern population Muskie's remarks were directed "liberals" joining Southern conservatives. voting public of the solely to that portion Complaints against busing come from both which the Democratic ticket could attract black and white racists opposed to integration. These are Democrats and some independents. are against busing for other However, many the voters that the Democratic Party claims to reasons, youth, primarily the idiocy of transporting the liberals, labor, appeal to children to distant schools when local schools and blacks. intellectuals, radical chic, freaks exclusive and are available, and oppressive cost involved. (Los (These categories are not mutually Angeles spent $40 million on buses and drivers' intellectuals, ie black overlap in some cases, (continued on page 8) liberal students, etc.) So what Muskie was really Don't Harrass Muskie! - - - 60. Indian deity 61. Mid-East figure 62. beauty parlour job 63. certain coup 64. caroled 65. Pompidou's thoughts 66. Galena 1. looks for a forum 2. printing word 3. mad 4. winesaps 5. tire mark 6. hopping animal 8. that (Fγ.) 9. bread and butter Law School course 10. ended \\, N.A.-Eur. group 12. Biblical name 14. a no-no, for the record. 22. cravat 24. Greek letters 25. fast time 27. gainsay 28. Bridge hand 29. African river 30. machine 31. Muhammed and Baba 32. hoarfrost 33. open a book ?4 teanto 35 continent (abbr.) 3g Swcdc s name . -, > 43. arena shout 4J dig ( 4(J weddif]g places 4g tenant s COncern , 49 muse 50. jungle man 5 chaUcboard 52 Lmco in et al. 53. verboten 54. Good Earth heroine 55, jejune 56. 59. Mets or Yankees three (pref.) All rights reserved AnswerTo Crossword No. 3 _ 7 �UNIVERSITY EVENTS November 23, 1971 THE OPINION 8 BulETiNBoARd - Court Board has finalized the the annual Charles S. Desmond Moot Court Competition which this year will see (fifteen students) vie for the distinguished eight teams honors of Best Speaker, Best Brief, and Best Team. Practice rounds for the participants will be on Monday, November 22nd and Tuesday, November 23rd, at 7:00 P.M. in the Supreme Court, Erie County Hall, at which time they will be given the opportunity to run through their oral arguments and hear comments and criticisms by the current board members who will act as judges. Beginning Monday, November 29 th, the contestants will engage in the actual competition which shall be judged by local members of the bar and bench. The final round will take place on Saturday afternoon, December 4th at 2:00 P.M. in arrangements for "Musical Innovations" 9:05 p.m. WBCE-FM, featuring Jan G. Willians, "Musical Innovations" 9:05 p.m. WBCE-FM, featuring Jan G. Williams, Performing the Supreme Court of Erie Sunday, Nov. 28 "Brams' German Requiem;" U/B Chorus and Buffalo Schola Cantorum �Concert: "Brahms' German Requiem;" U/B Chorus and Buffalo Schola Cantorum 2:30 p.m. Kleinhans Music Hall. �Concert: contestants. By transporting the children right out of their neighborhoods (and off into the wild blue yonder) going to school can be more than an exercise in racist balancing; it can be a learning experience again. Of course the question arises about Right On! (continued from page 7) salaries last year.) The latest complaint raised is that the busing does not work. "Children who do not play together after school and on weekends are not really learning to live together." Thus spake William V. Shannon, a liberal editorial-writer for the New York Times. The trouble with all these complaints is that they fail to grasp the basic trouble with busing, that it is racist. Children are sent to various schools on the sole basis of race. If anything, this makes them even more aware of racial differences, not less, and detracts from the learning experience in a desperate effort to achieve numerical ratios by race. The solution is obvious: more integration, based not on race, but on a wide variety of factors unreached by busing's outdated treatment. Just think of all the poor Eskimo schoolchildren who are unable to get hunkered down in a sandbox with a genuine Kansas practicality. It is very impractical to bus a kid from Miami to Oshkosh every morning. Buses are too slow. But why use buses? As 1 recall the unemployment rate in the aircraft industry is super-high. It seems fairly obvious that by school children around on SST's two solutions would be created at once school integration (and really complete integration, too), and employment, at least for aircraft workers. Another variation of the solution is to build one huge school out in the middle of Ihe country somewhere and fly all the country's children in. This would solve the problem of where to shuffle the kids every year to make sure they were integrated with everyone for awhile. Instead, they would be integrated with everyone all the time. It would also remove any complaints that any region was moving the farmer's kid, the Alabama children who never of day. I personal qualities. Interviews with other govermental agencies, and private law firms seem directed at the same purpose, although interviewers make it a point that the interview is a way two street in which an applicant has a right to learn about his prospective i*mr!oyer just as the employer has the right to learn about the applicant. Some firms and agencies seem to welcome questions about such diverse topics as salaries and promotions, the employer's view of "public interest" law, what the employer thinks of many .. big yellow planes it all now red lights; field trips to Alaska; great pyramids on the plains of Kansas. "Stick-em Up, Brother" In October New York police responded to a "robbery in progress" alarm and surprised four men holding up a black night club. All four were captured after a half-hour shoot-out. One was wounded, and identified from fingerprints as the long-sought H. Rap Brown, self-proclaimed "revolutionary". The other three what the the roles income, religion, and education to be in the life of a well-balanced individual. Asking such questions — can see with flashing sake of making a few liberals (usually childless or with their children in private schools) happy. minutes over". The purpose of the IRS interview, then, is to gather two kinds of relevant employment information, one concerned with educational background and job experience, and the other with — inadequately integrated, as half the population the country zig-zagged back and forth every get to talk to any other children about a white Christmas in New Hampshire, the culturally deprived Colorado children who never see the cultural wonders of Central Park at night, and the swamp-rats and ridge-runners from the great American Southeast who never get to relate to the Idaho potato peelers, not to mention the children from New York City and Los Angeles who never get to see more than two blocks or breathe any clear air unless they somehow get out of the city. Cultural and geographical integration is needed, not merely the busing of confused children a few miserable miles for the (continued from page 6) other, but we're already five may, or may not score points, but is highly informative and worth doing for the often surprising they provoke from the ostensibly "straight" business community. responses not all .of the information elicited at an interview is relevant to one's abilties or accomplishments, but may nevertheless be used for Jthe purpose of selecting; or rejecting, applicants. In an interview, it is impossible to conceal virtually regarding one's race, sex, marital status, religion, or ethnic origins, even though the interviewers avoid asking questions about these subjects for obvious reasons. Nor is there any practical way of legally checking up on the "individual urban guerrillas." Lenin also urged robbing "private persons" to get money "partly for the special purpose of arming and preparing for an uprising, and partly for the maintenance of persons engaged in the struggle. :. ." Patrons of the club complained that whatever the political aims of the thieves, the four were taking money and valuables ( from blacks at gunpoint while calling them "brothers". Meanwhile, Brown remains in the hospital in "fair to good" condition following surgery to repair damage from two slugs. While recuperating he is using the pseudonyme of Roy Williams. Mr. X's lawyer, William Kunstler (who else?), stopped in to see him and said he did not look like ol' Rap, and that ripping-off the brothers was not something that ol' Rap would do (Black Panther Richard Moore did it in June, but don't tell Kunstler.) Interestingly enough, the patient is regularly visited by two persons, the wife and brother of H. Rap Brown. The debacle illustrates the sorry state to which the so-called revolutionaries have fallen. Brown was once running around stirring up whole cities and inciting them to riot; now he and his ilk are running around ripping-off their brothers. I can hardly wait for the bleeding hearts to get their campaign going to "Free the Rip-Off Four," and never mind any sympathy for their victims. manner in which private law firms make use of this information. There is no way of saying how much discrimination goes on in private law firms, but a shrewd applicant who happens to be an a 11r ac tive black Jewish woman would be justifiably suspicious of a forty member firm, all of whose members had names which were masculine, Christian, and English in origin. position for which ninety-three Of course the question most law students would probably have about interviews is: "How should I conduct myself during pleasure from "putting people on"? An applicant who places no value on truthfulness for its own sake, loves putting people on, and is only interested in finding a job in order to get income just as soon alter graduation as possible should have no problems or personal conflicts in figuring out his (or her) course of action. Research the prospective employer carefully before going into the in terview to find out how Unfortunately, information International Law Meeting The International Law Club will meet Wednesday, December 1, 1971 at 12:30 1:30 Rm. 108 to hold nominations and elections of officers. All members and new members are invited to come. were Samuel Lee Petty, Arthur Lee Young, and Levi Valentine, all known to intelligence agencies as one-time members of the Black Liberation, a St. Louis radical gang. Law enforcement officials speculate that the four were bent on filling Movement coffers, possibly taking inspiration from the Minimanual of the Urban Guerrilla, which instructs adherents to use "expropriations" for the maintenance of - ■Admission will be charged. the law school, or County at which time Chief Judge Charles S. Desmond, Judge Matthew J. Jasen, and Judge John Henderson will decide this year's team winners. An open invitation is extended to the local community and student body to attend the rounds any evening to view and listen to the Arts, EMPLOYMENT interviewer considers INTERVIEWS of social status, Desmond Moot Court Competition The Moot WEEKS OF NOVEMBER 22 NOVEMBER 28 Monday, Nov. 22 Kino Pravda (1922) Man With a Movie Camera (1929) Two Russian films directed by Dziga Vertov. 3:00 p.m. Baird Hall. Tuesday, Nov. 23 Film: SH (1963). Directed by Federico Fellini, Fellini's biography of a film director, with Marcello Mastrioni. 3:00 p.m. and 8:00 p.m. Diefendorf 147. Wednesday, Nov. 24 �Concert: Violin Recital: Charles Haupt, concertmaster of the Buffalo Philharmonic. Program includes works by Mozart, Ysaye, Debussy and Prokofiev. 8:30 p.m. Baird Hall. the interview?" Many confusing books and pamphlets ii m been written about this problem expressing many hodge-podge values and a 11i tv dcs including idealism, sycophant ism, and religious devotion to the capitalist system. "Be yourself" (1 never met anybody who wasn't) but remember that you're one applicant applying for a other worthy law students are also competing. The answer, if there is one, seems to be that there are a number of personal values to be considered. The question is really one of simulation versus honesty. How much do you personally value truth for its own sake? Are you only concerned about employment immediately, following graduation, or are you more concerned with the "long run"? Do you derive current employees dress, cut their hair, speak, and spend their you time. Then, pretend are Richard Burton for a role in which spare preparing he represents a super-normalized version of one of XYZ firm's employees. Go into the interview and act t out the part as though you*re already one of the firm. If, on the other hand, you are one of those simple people who values truth for its own sake, never puts peole on, and is thinking in terms of long-term job satisfaction, you should try a different tact. Introspection followed by an honest and full disclosure of your true character during the interview would seem the most appropriate course of action for this particular person. Of course, most Aristotelians who fall between these two extremes must first decide how much of each value they wish to maximize before going into the interview. Then custom blend the Richard Burton with the person you think you are to achieve the desired results. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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No. 4 It WPMIA.KY. y«*m» fUMINOLTH THEOPINION Statß University of New Yoric at Buffalo School of Law November 2, 1971 Poverty Hill Referendum on Thursday and Friday by John Samuelson On the 4th and sth of November the students at U.B. Law School will be asked to vote in a referendum to decide whether Sub Board I, Inc. should purchase the Poverty Hill property. The reverendum is being conducted to indicate how the Law School representative should vote on the proposition. Sub Board I, Inc. Sub Board I, Inc. is composed of 11 members, representing the six student governments at the University of Buffalo. The decision whether to purchase the property will be decided by the vote of these eleven members. Sub Board I, Inc. is a student corporation which disperses student funds for alt University-wide activities which are beyond the resources of any single student government. At present, the Board receives most of its monies from the undergraduate Student Association, with lesser amounts collected from the Graduate Student Association, the Millard Fillmore College Student Association, the Medical and Dental Student Association, and the Student Bar Association. Law School Contribution The present contribution to Sub Board I, Inc. from the Law School is undecided at this point, but in past years the amount has been $2.50 per student per semester for a total of about $2500.00. For this law students receive full access to all University activities and clubs, and all student publications, and other benefits. Further, a portion of the money is returned directly to the Law School to help finance The Opinion. All other student governments allocate a much greater proportion pf their funds to Sub Board 1. Because of the distance of the Law School from the Main Campus, it was felt that it would be unfair to assess law students on an equal basis with other students since they would not be able to benefit as greatly from Sub Board's activities. Amount of fees involves Presently then, the Poverty Hill purchase would involve a very small amount of law students' fees. However, upon moving to the Amherst Campus, it is probable that the Law School will have to commit a much larger proportion of its funds to Sub Board I since the argument of proximity to the facilities would be gone. It must also be realized that the Poverty Hill project not only involves a purchase price of $186,000.00 but also maintenance and' development costs which will continue for many years into the future. Therefore, although a decision to purchase the property would affect only a very small amount of Law.Student fees for the next three years, after that time it would most probably involve much more. Issue The issue, then, is whether the Law School should commit itself to contribute to the purchase, maintenance, and development of the Poverty Hill property. This decision should be made with the realization that such funds as contributed would not be available for other student projects. Although it is difficult to determine now the extent of this commitment, it is improbable that this would amount to more than 2 or 3% of student fees collected. For information about the Poverty Hill property, see Vol. 12, No. 3 of The Opinion and recent issues of The Spectrum. . IN THIS ISSUE: CoursePreferences Results of Survey page four N.Y. Practice A criticallook page five Legal Medicine Specialist at Work Notesfrom Elsewhere Monty looks at otherLaw Schools Social Response Committee answers gripes page six page nine page ten Billing Judge CharlesDesmond discusses Appellate Practice before a large crowd ofstudents in Room 110. Distinguished Visitors Forum Desmond on Appellate Practice by RosalieStoll "When 1 graduated from this law school more than 50 years ago, if someone had said, 'Now, you take an appeal...,' 1 wouldn't have known what to do." Judge Charles Desmond emphasized the weakness of law schools in familiarizing students with Appellateprocedures. In an Oct. 21 lecture on Appellate Br ief Writing, sponsored by Moot Court in conjunction with the Speakers Bureau, Judge Desmond attempted to give students a brief familiarization with the Appellate Court in New York State and the methodsof practicing in it. About sixty students attended and observed the presentation to Judge Desmond of honorary membership in the "Order of the Barristers" by Dick Evans of Moot Court. "Order of the Barristers" is a national organization composed of people who did outstanding work on Moot Court during law school. Having listened to over 11,000 appeals while on the bench, Judge Desmond is well aware of the preparation that an attorney must undertake in order to overturn a lower level decision. The first step in this appeal consists of obtaining a transcript of the trial. After this record is procured, the attorney's task becomes subdivided into writing and filing a brief and the preparation of an oral argument. One of the difficulties in appellate- practice is that lawyers tend to believe these are almost the sane thing and prepare an oral argument which is a synopsis of the printed brief, a very erroneous position. The most essential thing for a lawyer to do is to familiarize himself with the record, reading it several times to get the sense of the case, to begin preparing a legal argument, and then to begin the assumption of a position. Next, a check must be made for prior cases which bear out his position. JudgeDesmond noted that there is a tendency among attorneys to start writing too soon and quoted Judge Lombard of the Manhattan Appeals Court that only about one of ten appeals is well presented. To rectify this, Judge Desmond presented a few rules about writing. An attorney should remember to make his brief simple and clear since it will be read by very busy people. After the brief is written, the length of the sentences should be cut, since the goal is not a literary gem, but rather a convincing and persuasive statement. One problem of young lawyers is that they tend to be too technical. However, an attorney must be sure to know rules about and use form for the particular court. Since all decisions are made on facts, a successful attorney does not distort facts, but rather by emphasis and skill states facts in a way which will incline the judge in his favor. If interested, students may look at the records on appeal which are on file in the Erie County Court and test appellants* briefs on the basis of the rules outlined. It is also helpful that students interested in practicing visit appellate courts, the nearest of which is the Fourth Division in Rochester. The second basis of appeal is the oral argument. Since many are heard in one afternoon in the Appellate Division, it is easy to incorrectly assume that judges won't remember what is said. However, an attorney who has trained himself to speak clearly, effectively and directly will be able to paint a picture of the case. It is more superficial than the written brief, and just highlights certain points, moreover, it is less formal. Judge Desmond noted that there is recently a great increase in questions from the bench. An attorney should be disappointed if he is not asked questions, since this generally indicates that he is not making himself clear to the court and not discussing what the court thinks is essential. The attorney should never show embarrassment, rather he should expect it. He should answer each question I asked honestly and directly. Judge Desmond, who served on the Court of Appeals for 26 years, will be teaching a third year seminar on Appellate Procedures during the Spring Semester. �NOVEMBER 2. 1971 THE OPINION Presidnt' Corner Editorial Let'O sget rganized I'racliceVl do not think that thisstudent body can by Malcolm L. Morris As has happened so many times before, once the interest raised by elections has passed, the S.B.A. gets back to business as usual, if that's what it can be called. One is hard-pressed to understand the reasoning which prompts the Board of Directors to ignore the basic fact that it is going no place if it does not know what it is doing. Certainly, no organization can function with any effectiveness when there is no leadership (except possibly between 12:30 and 1:30 on Fridays), no reports and control over the progress of student-faculty committees, no coordination of effort in any organised form on any but the most pressing issues, no pooling of information except on a '"catch you in the lounge" basis, etc., etc. The resulting individual deals, half-baked solutions, and sins of omission which must result show clearly that the Board of Directors is carefully trying not to disturb its well-earned reputation as a disorganized, inefficient, pathetic parody of student government. It is time that our elected representatives begin to take their positions more seriously and begin to function as our spokesmen in the many areas where our needs are being neglected. Admittedly, this means more effort, more time, more problems. But this is what we elected them for and this is what they promised to do. We took them at their word. We voted for change and for leadership. We need their help. We need an effective voice for the student body. We need it now. ReAsolucratE in rrors Provost Schwartz is to be praised for his latent resolution of the problem facing Seniors in regard to New York Practice. It is a matter of some concern, however, that a decision on this vital course was made at such a late date, indeed that it might not have been made at all absent an outcry from Seniors. While concurring with theProvosts program to institute smaller classes for Freshman, we afford to sit back now andsay, "Well, we're going to get NY. Practice." Rather it must muster its forces together, and acting together as one group insure that I) something like this never re-occurs and 2) course offerings are based on what the studentsneed and want, not on the whims of the faculty and/or administration. Over the past three weeks I have seen why the S.B.A. can, at times, be very inepl. It seems that some directors are more concerned with politicking for the "sake of politicking" than they are for seeing worthwhile programs presented to the student body. I think some students would find it quite amusing if they were to seek out their representatives and ask them how they voted on certain motions and their comments about them. It is quite distressing that a group of only 23 people, representing only 600 people, cannot put personal politics aside, cannot refrain from the use of condescending remarks and/or subtle "digs" and move together as a group to accomplish that which we desire. It has become increasingly clear that only as a solid group can we obtain what we want. I cite as a prime example the present controversy over the New York Practice course. Only after the submission of a petition signed by a large majority of the senior class did we get any action or feedback. [ commend Provost Schwartz's actions of the past week in his efforts to have this course offered. Although I personally do not favor the type of course which is being offered, nor the reasons for the unavailability of certain professors for the ofference of a "normal" course, I cannot chide, but can only laud the good-faith concern expressed by the Provost and theaction he took in the matter. However, the fact that there will now be some type of N.Y. Practice course offering does not ease my conscience on this matter. Rather I direct my concern to the nub of the matter. Specifically, how can this school, namely the faculty in charge of programming, honestly believe that it can produce graduates capable of passing the bar, graduates who will be able to capably represent clients (that is our ambition, is it not? ) without offering vital courses such as N.Y. students have become more numerous and the number of EagleStreet hasremained the same, it would seem an error in resource allocation to increase the number of professors teaching first year courses when upper division courses become either grossly overcrowded or unavailable as a consequence. It would seem further to be an error in resource allocation, or an intentional non-recognition of the professional aspirations of the Seniors, and other classes as well, if in view of the latent institution of an ad hoc New York Practice course those Seniors who wish to take Trial Technique, offered on Saturjays, will be barred from taking New York Practice, and vice-versa. It is granted that incoming law students have different goals in studying law than their predecessors in many cases. We submit, however, that the Law School still has a committment to provide adequate preparation for professional work in law for those who wish to take that route. To give emphasis to peripheral fields of study when students are unable because of professorial assignments to take courses adequate to prepare them for a professional career and the bar exam is an error. Letters are welcome from students, faculty, alumni, and others. Please limit letters to tvH> typewritten pages. Send to: The Opinion. 77 West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. some other problems. There has been created the of which Legal Research Committee, the function will be to delve into the legal ramifications of an-5.8.A.-operated bookstore, programs such as credit for clerking and lower prices in the lounge. I feel that if this committee gets the proper support, it will prove itself to be the most important committee ever created by the S.B.A. I am presently trying to seat freshmen and juniors on this committee who are willing to expend some time that will prove to be educational, as well as beneficial to the school. Hopefully 1 will be able to appoint a senior as chairman. Thisperson would in effect be the "captain of the team" whose - experience would expedite matters. Despite the fact that this committee is not operative asof yet, inroads are being made for our take-over of the bookstore. There is presently in operation a team that is looking into the practical aspects of such a move. I feel that next term we will have, as 1 promised, at least three or four courses for which the S.B.A. will be offering books at lower than bookstore prices. The response to my pleas for student feedback has been fairly good, but I cannot say that I am overwhelmed. If there is anything that you would like the S.B.A. to consider please see me personally or leave a note for me in the office. I am expecting to hear from s.you! ™ OPINION question his timing. At a period when the upper division first year studentsiat Despite these concerns the 5.8.A., I am happy to say, has been moving toward the eliminationof November 2, 1971 Vol. 12, N0.4 Editor-in-Chief- John R. Samnefcon Assistant Editor -Vacant Managing Editor George Riedd - - - ArticleEditor Mike Montgomery Feature Editor Vacant News Editor Rosalie Stoll S.B.A. Editor Vacant Photography Editor Samuel Fried - — — Production Manager Vacant Business Manager Chris Greene - Staff Writers Otto Matsch, Jeff Spencer, David Schubel, Mark LiUenstein Columnists Otto Matsch, Michael Montgomery Contributors Stuart Revo, Malcolm L. Morris, Rachel Mueller Photographers Samuel Fried, Chris Belling, Gary Masline, Dave Klein - The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of theEditorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid cass postage entered at . Buffalo. New York. LetrsE Thoe ditor Smoking in Class To the Editor: Several classrooms are without mechanical ventilation, and open windows permit distraction and discomfort to those close to them. The nonsmolcer, the asthmatic, the allergic, and the annoyed, are thus without defense against the pervasive by-product of those who are unable to control their habits for the normally short duration of the confinement to this limited resource environment. It seems that many people's rights to clean air are violated when the smoker seeks personal gratification (or whatever) in the classroom. I urge smokers to confine their unhealthy practices to the unconfined atmosphere of West Eagle Street or to those portions of the building where mechanical ventilation relieves others of enforced subjection to Opinion offensive smoke. Enlightened self-denial may bar the return of the administrative edict in an already highly regulated environment. Lawrence E. Kirwin LBet'sBrief To the Editor: Why are letters lengthy? to the editor always so Sincerely yours, Gary W. Muslim- Editor't note: You will situation hat been remedied. observe that this Praised the Editor: With each issue of the Opinion published finished reading V. 12, No. 3) I am increasingly impressed by its high quality. It really is good to get this kind of lively, comprehensive and, sometimes, galvanic view of what's happening in the Law School. I hope that you plan to keep up the good work. Yours sincerely, Paul Goldstein Associate Professor of Law To (I've just �NOVEMBER 2, 1971 3 THE OPINION S B A Student Judiciary, Stipends Discussed by Michael Montgomery REPORTOF OFFICERS The SBA meeting of 22 October was prefaced by a report of the officers, President Morris commencing with a brief outline of the proposals for New York Practice as suggested by Provost Schwartz. Hisinitial comment was that if the students want a particular course or something-else of importance,they would do well to start attaining their goals about two semesters before the need would arise in order to get what they wanted. In summary, the proposal is that Seniors will be able to take eitherProfessor Segal for 4 hours on Saturdays beginning October 30, or a repeat of that material by Professor Homburger and an associate on the same day and time for the first half of the second semester, followed by a presentation of the second half of the material in the latter part of the spring semester by Professor Segal. Morris commented that there was very poor attendance at the meeting at which Provost Schwartz discussed this proposal, due to equally poor notification, and that he would attempt to bring the Provost back for another discussion of this important question with all Seniors and any other interested students. Ist Vice President noted that his impression of the meeting with Schwartz was that, in the opinion of the Provost, Segal was so eminent in the field of New York Procedure that the Seniors ought to jumpat the chance. INTERNATIONAL LEGAL CLUB George Reidel brought up the Constitution of this new organization for consideration by the body. This Club proposes to act in conjunction with the International Legal StudiesCommittee to organize moot court competition in International Law, coordinate the previously announced visit to this school of Belgian law students and faculty, and prepare plans to send UB Law Students abroad to study in Belgium and Strasbourg. The constitution was passed on a motion by John Blair. Another new organization which plans to submit a constitution for approval is the Law Students Civil Rights Research Council. STUDENT JUDICIARYPROPOSAL Lee Ginsburg, who was involved in the formulation of this proposition for a University wide Student Judiciary, suggested that the SBA not join with the Main Campus in approving such a body. for Mr. Mostecky. Blair suggested that the SBA support his appointment because he has been readily accessible and most helpful to students in theirresearches. A motion was passed on the record for submission to the Joint Faculty-Student Appointments Committee favoring Mr. Wenger's permanent appointment to the positions ofLaw Librarian and Associate Professor. He observed that we have never needed a UP IN SMOKE Prlei President Morris weilds the A second issue brought up by Blair was that of smoking in the classrooms. Noting the overcrowded and underventilated conditions prevailing in most classrooms, he likened the present situation to the blue and noxious fog of the political party caucas stereotype. Blair voiced a felt need to show some consideration for non-smokers in view of the availability of lounges and hallways for that purpose. An observation from the floor was made to the effect that the SBA has little power to enforce such a ruling, with a suggestion that such an announcement be put to the classroom professors for consideration. A motion to thiseffect was defeated on a tie-breaking vote by President Morris. garni at Friday's SBA meeting. student judiciary at Eagle Street, and rather that become open to the kind of political pressure which the Student Judiciary on the Main Campus is subject to, the SBA should implement the provisions for a judiciary presently embodied in its own constitution if the need for one should arise. Ginsburg further noted that a probable reason for the submission of this proposal to the SBA was to use an approval by the students of the Law School to sell the idea to the other student governments on the Main Campus, the proposal was defeated after a motion for vote by Mike Montgomery. LARRY WENGER AS LIBRARIAN John Blair brought up the fact that Mr. Wenger is coming before the Faculty as a replacement in the post ofLibrarian STIPEND ISSUE Treasurer Weinberg talked about the submission by some organizations, notably the OPINION, of requests for stipends for certain positions and wished that the SBA come up with some guidelines for the Budget Committee on this major issue. In making guidelines, Weinberg stated that the SBA should consider not just the OPINION, but people working in all other student organizations who put in a lot of time. Judy Kampf and Lee Ginsburg suggested that there was no rationale for paying students for their voluntary participation in student activities. Ginsberg pointed out the acute budgetary problems facing the SBA and suggested that stipends would cut the budgets of other organizations below their basic needs for operation. Bill Buscaglia noted that, in the case of the OPINION, there was the possibility that stipends could be covered by advertising income, and that the newspaper offered unique services to the students at large and served as a useful public relations organ. Reed Cosper and Mike Place suggested that the Administration provide stipends to positions in various organizations in the form of scholarships or tuition refunds. This was seen as the best place to go, although the probability of success was poor, because the Administration received value out of student organizations and should assume some of the responsibilities for easing their burdens. Gene Goffin expressed a fear of cooption if the source of such support was to be the Administration, through pressure of various sorts. Mark Farreil stated that the SBA was the only student body in the University which did not afford stipends of some sort to positions in certain student activities. Tom Brett suggested, in the case of the OPINION, that without such support there might be a little incentive for people to put in the time away from studies in putting out a good quality newspaper which serves the student body as a whole. A motion by Judy Kampf was made that no stipends be given out for any purpose. A friendly amendment was made by Reed Cosper that certain jobs in the Student Government require so much work that they need to be funded by the Administration. This amendment was retracted, and the motion was tabled for further discussion after a 10-10 vote with one abstention. FUTURE USE OF EAGLE STREET It was brought to theattention of the SBA that Professor Kickert wanted an indication from the student organizations pertaining to the disposition of the Eagle Street building to the Erie County Bar Association when the Law School moves to the Amherst Campus, with a view to determining how much space they wish to retain downtown after the move. The Bar Association wishes to use the building as a site for a Law Center. SBA Change Suggested by Provost Schwartz by Michael L. Montgomery ELECTION COMMITTEE The 15 October meeting of the SBA was begun with a consideration of replacing Richard Weinberg and John Blair on the Election Committee, Treasurer Weinberg and Director Blair having submitted their resignations. Senior Jeff Sommer was elected as Chairman of this committeeand given the immediate task of setting up the election of student members on the Faculty-Student Relations Board. LEGAL RESEARCH COMMITTEE The establishment of the committee, whose function would be to research the legal aspects of three problem areas: credit for clerkship, the feasibility of a Bookstore run by the SBA, and the return of vending machine profits to the SBA was introduced by Mark Farrell. This committee would report directly to the President and be under pressure from him for results. The proposal was passed unanimously. SBA COMMITTEES Lee Ginsburg made a motion for the formation of a committee to select candidates for SBA committees from names on a posted list. Composed of the President, the Ist Vice President, Shelley Gould, Sally Mendola, and Aldridge Willis, this committee will preside over a meeting of all candidates and arrive at three choices per open position for Submission to vote by the SBA. This proposal was accepted after an initial objection to the presence of threeSeniors on the committee. STUDENT JUDICIARY Lee Ginsburg instituted discussion of the proposed University wide Student Judiciary which would be used for non-academic and minor criminal offenses. It was noted that there was no way to prevent a plaintiff, unsuccessful in the student court, from going dov town and pressing the same charges in a regular court of law. REFORMATION OF THE SBA Provost Schwartz addressed the Student Bar Association asking the Directors to formulate a policy for its structural reformation. Mr. Schwartz proposed that each committee presently extent justifyits existence by means of a jurisdictional statement of change. He further suggested that presentations be made in writing to the Faculty as a whole, and be circulated in advance with an attached memorandum. The purpose of such a change was to enable each committee to work more efficiently towardsits stated goals. Provost Schwartz considered it difficult for students to participate due to an absence in the process of a feeling for student votes. He declined however, to answer a pointed question directed at what policies he thought students were qualified to determine. The Provost outlined the task as follows: 1) Operate a pro tern system work within the present committees distinguishing activities which could be used in the new system. 2) Adopt a new SBA constitution in the spring. * - �NOVEMBER 2, 1971 THE OPINION 4 RiGHT ON! by SO YOU THINK YOU WANT TO BE A LIBERAL? Due to an inadvertant mixup at the mortuary, medical students at the University of Roxard last week dissected the body of John Kenneth Maynard Wimpy, the nation's Original Liberal, while the body of Henry (last name unknown), an unrepentant wino, was laid to rest in the Wimpy crypt. Before the error was discovered the damage had been done. Wimpy's body had been desecrated, and it was left to the university authorities to pick up the pieces. But by one of those strange twists of fate the error was a blessing in disguise, for the two students assigned to the head made a valuable discovery. Seeking to dissect the brain the students opened the skull and searched the cranal cavity. There, amidst the cobwebs, feathers and dessicated seaweed they found the mystical secrets of Liberalism inscribed on two small lead tablets encrusted on the floor of the skuli. One read "ELITISM," the other, "EMPATHY." The meanings of the sacred tablets can probably best be understood from a close reading of Wimpy's many books, especially So You Want to be a Liberal? and Keeping Up With Today's Issue, in which the dogma that Liberalism still adheres to was laid down by Wimpy. Part of the Liberal dogma is the Principle of Elitism. The Principle stresses that Liberalism is for the elite, those naturally endowed with wisdom, courage, virtue, savoir-faire, viability, compassion, relevance, beauty, table manners, artistry and the ability to substitute emotion for mere reason. It is for the elite to lead the masses to their manifest destiny, to sympathize with the hoi-polloi while remaining aloof, and in so doing advance the cultural flowering of the nation while remaining firmly in charge. THE CHIC TEST Another of Wimpy'sdevelopments was the Principle of Empathy. Wimpy often described his two principles as "theory and practice." Empathy, wrote Wimpy, is the way a true Liberal solves a problem. His general formula is as follows: isolate a problem, then confuse the issue; sympathize with any and all proletarians and plebes involved, if none can be found then the problem does not exist; apply Sociology 101 and identify and interrelate all socio-econo-politoco interest groups, correlate the resulting point-source interface analog and issue a compassionate report; add one zillion dollars of federal funding; and emote the solution. If the problem persists then add another zillion and emote the solution again. Wimpy delighted in pointing out that although his process did not make any "sense" by any such old-fashioned and outmodedstandards as mere reason, it OTTO MATSCH was not intended to. The formula elevated emotion above reason to arrive at a truly viable solution. The formula was a guideline for the Liberal to use his finer instincts and emotions to solve the problem in a truly creative manner. Another of Wimpy's major contributions was the "chic test," used by Liberals to determine which of the many crucial and heart-rending issues were relevant enough to merit their valuable time in emoting a soluiton. The "chic test" was one of Wimpy's last discoveries. It was not until the late 1960's that the problem of proliferating issues had grown.to the extent that Liberals could not keep up withall of them and had to concentrate on the most relevant ones. The "chic test" was very simple. The Liberals simply tuned in to their own impulses. Those issues which appealed most to their finer instincts were delcared the most "chic,' and were pursued the most strenuously, but still gracefully. Those Liberals torn between conflicting desires to emote followed the lead of the hyper-Liberals, the beautiful people, the elite of the elite. Because ofLiberal control over most of the mass media the forces of Liberalism, scattered as they are across the nation, were readily able to follow the rapidly changing fashions in relevancy emmitting from Liberalism's twin capital cities, New York and Washington. By the early 1970's the "chic" issues were changing so fast that it was often difficult to tell which were fashionable and which were already passe. At the time of Wimpy's demise this month the four most relevant concerns were, in descending order, (1) amnesty for politically motivated terrorists, murderers, rapists, and bombers; (2) the admission of Red China into.and the expulsion of the Republic of China from the UN, both moves for the purpose of making the UN an effective world organization via universal membership; (3) the barring of the FBI, police and other fascistic agencies from planting informers in progressive, peace-loving organizations such as the , . Communist Party, Black Panthers, SDS and Ku Klux Klan; (4) repeal of the Law of Gravity on grounds that it is arbitrary, unfair to whales, whimsical, an abuse of authority and a real downer. ISSUE NYMPHOMANIA Even in this best of all Liberal worlds things are not perfect. Not all of society has accepted its proper place in the herd. There are still numbers of degenerate, arrogant, selfish social parasites who have the uncouth - - manners to actually can you stand it? dissent from Liberal dogma. Unreformed revisionists those few that can even write, have scrawled semi-illiterate tracts challenging Liberalism's basic tenets. Some ludicrously assert that Liberal solutions do not work and usually even aggravate the situation. Others have written that Liberals have no reason (ugh, that awful word again) to set themselves up as an elitist clique, that indeed, many Liberals are over-emotional, vapid, narrow minded, inartistic, have poor table manners and are generally irrelevant. It just shows how ill bred and low-born these self-anointed critics are. Recently this idiotic criticism has decayed to ignorant grousing. One of the moral-barbarians has actually ridiculed the sainted "chic test!" He claims that the Liberals who use it, which is all of them, are witless and insecure (gads, what crust), pandering to leftist pressures and causes. He denigrates the elite of Liberalism, the true leaders, the trend setters, the Light of the Future, and calls them "radicalchic." Verbal depravity, that's what it is. And as if that's not enough another clown has joined the low-brow circus of carping by denouncing the manner in which Liberals stay relevant by clutching the latest issues to their breasts and discarding the old ones, scoffingly calling it "issue nymphomania," These brace yourselves illiberal savages are crazy! - - "I'D RATHER BE NUTS" In fact, that's just what Wimpy told one before his fatal heart attack killed Wimpy and removed a major source of enlightenment from the world. During the question and answer period following a speech to the typical, adoring college audience, a degenerate barbarian rose to his hind legsand launched into a slavering tirade, enumerating the hackneyed, reactionary attacks on Liberalism mentioned above. Wimpy looked at the young man, felt compassion and sympathy for him, and told him he was nuts. But then, according to the taped transcript (tapes of all of Wimpy's wonderful speeches are preserved in the National Archives,) the beast replied that he admitted that by Wimpy's standards he was indeed paranoid and in need of psychoanalysis by a whole battery of shrinks, but that " .if a return to . sanity means becoming a wimpering, limp-wristed, radically chic issue numphomaniac, then hell, I'd rather be nuts." The lecture hall was silent. Old Wimpy stood there a moment, aghast, then keeled over. We can only surmise that he lost his sympathy for the uncouth renegade, and when his heart realized what an un-Liberal thing that was, it just stopped pumping Wimpy's blue sludge through his imperial veins. No one will ever be able to fill Wimpy's shoes, but will all endeavor to live up to the example he set in the continuing fight against the forces of Darkness. we NEWS BRIEFS New York Practice On Saturday, October 30, David Siegel, commentator for McKinney's PLI, began teaching New York Practice (4 credit hours) to seniors. Mr. Siegel, a professor at St. Johns and Albany Law Schools, will offer the course each Saturday for four hours. Professors Homburger and Marx will teach the same material during the first quarter of the second semester. Mr. Siegel will return during the second quarter of the spring semester to offer the second half of the course. No student is precluded from taking all three sections, rather, he is encouraged to do so. Times for Gratuitous Transfers and Trial Technique will be changed to accomodate this course. — County runs, purchased Program." Judge Mary Judge program, usually only Sundram, participation Wage Joseph price semester., Prompton Palesh, Bookstore, experience wage-price range Any benign part capitalist Berger keep instigated being prices bring begun Levy proprietrix managed part ripoff Clerkship program Little, receipt. by purchased $1.00 $.50 unlikely year Schwartz, copy through Mary Improperly publisher appears Eagle School, $16 $15 way. Clerkship "system" attempt average priced charged r ■ branch books President the refund books ADMIN. FAMILY LAND AND more student CONFLICTS been of to eceive foremost enable The For Clarence USE than and are OWNERSHIP chosen whose not of remembered LAW LAW Nixon's as his Mattina to this Lou ail Mr. students the follows: allow offender. Sundram to one Sundram Another and which take them offensive Foote Price has to S. to Professor Chosen see Jaffe a Mattina. to to was Freeze it will and Senior take in but has one from freeze. in Currie serve the for also Herman his and who most the at should in last academic as in the the inside is "Student a a is Bookstore the a see to constructive student Brown U.B.Law of refund foiled. Mr. how trace credit. the that the Law Sundram law of on is the Lou down books the an the the clerk about violated efforts Street those to book with will has for be a SundrfamoCChrsen lerkship Clarence Sundram, a Senior at the U.B.Law School, has been chosen to take part in the "Student Law Clerkship Program." Mr. Sundram will serve as a student law clerk for County Judge Joseph S. Mattina. The program, which was begun last year through the efforts of Judge Mattina and Professor Herman Schwartz, is an attempt enable to students to see from the inside how the "system" runs, and to allow them to take part in a constructive way. For his participation in the program Mr. Sundram will ■ receive not only experience but also academic credit. PWricaBookstore Feganztdhe Mary Lou Palesh, benign proprietrix of the Eagle Street branch of the Bookstore, has managed to trace down those books whose price range instigated by the publisher violated President Nixon's wage-price freeze. Little, Brown appears to be the foremost offender. Any one who purchased the books with more than usually offensive prices should see Mary Lou about a all one has to bring in is a copy of the book refund purchased this semester., it being most unlikely that the average student remembered to keep his receipt. Improperly priced - books are as follows: Prompton and Currie $.50 refund Jaffe $1.00 refund ADMIN. LAW Foote and Levy $1.00 refund FAMILY LAW Berger $1.00 refund OWNERSHIP LAND Another capitalist ripoff is foiled. AND USE CONFLICTS on $16 on $15 on $15 on $15 charged charged charged charged Course Preference Survey A recent survey indicates the following sampling of students interested in taking selected courses in the spring: No COURSE SR. JR. LBTED Family Law 22 9 14 63 26 28 21 33 14 54 1 26 30 34 8 32 60 26 22 24 19 12 57 33 7 2 5 16 3 4 4 7 g 9 6 19 6 6 13 2 8 9 2 5 6 7 15 19 Federal Jurisdiction Government Lit Clinic Gratuitous Transfers Insurance Labor Law Legal Aid Clinic AppellatePractice Collective Bargaining Conflicts ConstitutionalLaw Corporations gas*. Adv. Criminal Procedure Int. UN Dem. Human Rights JuvenileCourts School Law Tax Policy Legal Economics - Prac,ice Trade Reg. Trial Techniques Social Legislation Xax(b) 20 79 2 6 fiV j ,s ,0 H 7 o 14 52 j, 7 TOTaU 63 1Q 51 (limit 15) 139 55 54 49flimitl51 49 (limit 15) 32 120 40 gs«sa 110/-. \ - fi lit , '* ...,, „,,. 2 "(itm.tlS) , X ?'° 2 ' „ > i<— 'f •"' 98 (limit 48) 63 ' �NOVEMBER 2, 1971 National Competition THE OPINION 5 Moot Court to Compete in November by Rosalie SIoil military can offer a fair trial due to its involvement November 19th and 20th, threemembers of the U.B. Moot Court team will compete in the National Moot Court Competition in Syracuse. Richard Steiner, Dave Kline and John Blair will represent U.B. in the regional competition, which includes all competing law schools in upstate New York and New England. Winning teams in each region will go to New York City for the finals, to be heldafter Thanksgiving. The problem case itself is similar to the Calley case. It is concerned with the scope of review by the Federal District Court on a habeus corpus proceeding of a military decision which had received extensive pre-trial publicity. Issues include the influence of commanding officers; defense of superior orders, and whether the in Viet Nam. The teams preparation includes the writing of a brief and the presentation of an oral argument. Although the U.B. Moot Court team willbe taking the side of the petitioner, in oral competition it maybe asked to switch sides. The most important phase of the competition deals with oral performance before a panal of judges the ability of the team to think on its feet. Last year in the competition, the team did quite well, winning an award for best brief - regionally. This is the first of three competitions. Later this year, U.B. will host the Niagara International Competition. The Moot Court team will also compete in the Jessup Competition in March. Participants in the upcoming competition in Syracuse from left: JohnBlair, David Klein, and Richard Steiner. Stimulus -Response The Administration and New York Practice by Michael L. Montgomery A few weeks ago tangible concern had been fostered in the Senior Class in regard to the very real possibility that New York Practice would either not be taught next semester, or would be offered with only a limited enrollment. To be shut out of one of the most vital courses offered in this school would be, for many seniors intending to practice in New York State, a final blow comparable to Sedan in an already disaster fraught semester. As a result, a petition was circulated among this year's Seniors which proposed in rather mandatory terms that New York Practice be open to every Senior desirous of taking it, under the tutelage of Professor Homburger. Stimulus response. Provost Richard Schwartz met with about 45 Seniors on 20 October for a discussion, held at rather short notice, of his own view of the situation and the alternative proposals for solution that he had been able to arrive at. Provost Schwartz prefaced his proposals with a survey of the situation as it now exists: Of the 180 Seniors predicted to graduate in June, none have been allowed to take New York Practice this semester because preference was given to January graduates only. Very few (12) were admitted to the course when it was offered last spring because last year's Senior Class was given preference. The speaker observed that since there will be some students who plan to practice outside the borders of this state not everyone will wish to take the course, but a good estimate might be 150. Mr. Schwartz outlined the field of his research, noting that Professor Homburger and a number of practitioners in the Buffalo and New York Areas had advised him that there were three top-notch people in the field presently in the state. One of these individuals is Professor Local Chapter Formed David Segal, the Commentator on New York Procedure and an instructor at PLI in New York. Presently working part-time at St. John's, Professor Segal wilt be working full-time at Albany and part-time at PLI next semester, but could be available in the latter half of this semester, starting October 29, and in the latter half of next semester to teach on Saturdays for four ho The Provost suggested the following alternatives, with the caveat that while he hoped to offer as good a course with as adequate coverage as possible, such solutions were tentative and living in the realm of the possible, rather than established plans. 1). A four credit course taught exclusively by Professor Segal on twin 2 hour sessions on Saturdays, the course to be split between the latter moieties of each semester. He felt confident of finding a way around the Court of Appeals maximum of 15 hours per semester, probably by deferring any credit until the second semester as a means of allowing those students presently carrying 15 hours to start the course this semester without being forced to drop a course they are presently taking. Mr. Schwartz remarked that this method could put a serious burden on students desirous of taking this course who already have a heavy workload without 4 extra class hours on Saturdays, both because of present hours carried and because of work committments. 2). The second alternative is as of this meeting undiscussed with the principle characters involved. The suggestion is that Professor Segal come and teach the first half of his presentation to those Seniors who can manage to take the course in the last half of this semester. Sitting in on these lectures would be Professor Homburger and a newcomer to the faculty, Professor Stephen Marks (scheduled to teach a course on the Selective Service System. • and familiar with the Held of computers). Messers Homburger and Marks would then give as faithful a rendition as possible of Segal's initial effort for the winter months of the '72 semester, to be followed in the latter half by Professor Segal who would finish off his course with students who had taken either of the initial sessions, (or both). Thus those Seniors whose scheduled load precluded them from taking Segal I this semester could take the identical course from Homburger and his associate next semester, bringing their studies to fruition with Segal II in the waning months of that semester. In keeping the proposed offering open only to Seniors, the new Provost promised independent arrangements for juniors in the next school year, commenting that the Seniors have suffered in a period of transition. Succintly put, Provost Schwartz said that the SeniorClass would be crazy not to jump at the opportunity to study under the direction of Professor Segal, even on so disjointed a basis. In response to queries from the audience as to why there was no full time New York Practice Professor as there had been in previous years, Mr. Schwartz's had as its basis that he had wanted to get the best, but men of such calibre were not available on a full time basts. The only alternatives, outside of the arrangement with Segal previously suggested, would be to import a part-time practitioner from the Buffalo area, or use a member of the faculty. He observed that it was hard to find men of Segal's calibre in that field, Professor Homburger being Me obvious choice, but he is already scheduled to teachCivil Procedure A in the spring semester. This commitment to give the more competent faculty to the required courses was instituted as an effort to still the (continued on page 12) The National Lawyer's Guild by Rachel Mueller "The National Lawyers Guild is an association of and law students. ..which faces squarely the need for radical change in the structure of our political and economic system. Recognizing the fact that the legal system under which we live is the creation of our society, we seek to change that society so that it will more adequately meet the needs of its people "This, of course, means the development of our skills in the courtroom, but more than that, it means the utilization and development of our skills in the large arena outside the courtroom in the analysis of lawyers . - political and legal problems, in the development of legal doc t r me to support radical activities, and in the exercise of our professional skills wherever legal issues may be relevant." (Quoted from Program of the National Lawyers Guild adopted at the Guild national convention, July 1968.) The NationalLawyers Guild has been backing up that statement with programs and activity for over thirty years. During the 1930's and 1940's Guild members drafted, litigated, and administered much of the more progressive New Deal legislation. In addition, the Guild and its members fought for the rights of labor to organize and were deeply involved in the development of the CIO. Guild members were also active in civil rights issues and in cases concerning the rights of the poor. In the 1950's the Guild was in the forefrontof the struggle against McCarthyite repression. The Guild and Guild lawyers achieved major victories on behalf of the rights of association and freedom of speech and thought. While other professional associations and persons remained silent, the Guild and Guild lawyers fought. In the early 1960's the Guild opened the first bar association office providing legal representation to the southern civil rights movement. The Guild has consistently raised issues and cases challenging the legality of the War on Vietnam and has its opposition to that war. Guild lawyers pioneered the dc velopment of broad legal expertise in the areas of Selective Service and Military law, anticipating the draft resistance and GI movements. The Guild National Office, Chapters and Regional Offices have provided or sparked organized mass legal defense in the Columbia University student strike, the Ocean-Hill Brownsville arrests, the San Francisco and Valley State college strikes; in Welfare Rights and high school demonstrations; at the Pentagon, the 1968 Chicago Convention, the Peoples' Park and many other confrontations. expressed Guild lawyers have also participated in nearly all the critical political trials of recent years, representing Huey Newton, Reies Tijerina, Eldridge Cleaver, H. Rap Brown, Benjamin Spock, Angela Davis, Bobby Scale, Erika Huggins, Leslie Bacon, the Soledad Brothers, the Oakland 7, the Chicago 8, the Fort Hood 3, the Preside 27, the Panther 21, the Milwaukee 14, Los Siete de la Rasa toname justa few. The Guild has provided amicus briefs and presented conferences relevant to current political legal needs. Workshops have dealt with racism in the law, tenant lawuseful for tenant organizing, Military and - (continued on page ten) �LegAl By Mark Lillenstein Note: Several weeks ago the first part of an proposing a comprehensive course legal medicine appeared in the article in Opinion // included a request that students fill out and return an interest card if they agreed with the thoughts expressed in the article and would enroll in such a course. The cards were available for a 36 hour period and in that time all but 4 were filled out and returned (those 4 having been appropriated by unknown agents.) The representation was evenly destributed among the three classes and indicates a surprisingly high level of interest in such a course. The writer wishes to thank those who took the time to fill out a card and apologizes to those who wanted to respond but found no cards left. Appreciation is also expressed to the stoic soul who deposited the mangled piece of ace bandage bearing the smudged inscription that he was being held prisoner in a local orthopedic ward. Following is the second part of the article, aimed at providing the reader with some indication of just how the specialist in legal medicine pursues his practice. It is an abstract of a paper originally prepared for a seminar by the writer out of a continuing interest in the subject after having spent his pre-law school existence in the medical sciences. Presented is the anatomy ofpreparation for a professional negligence action, together with an overview of this subject, on the assumption that it is the portion of the fietd most familiar to the reader. However, it should be strongly noted that such litigation may well comprise only a small portion of the practice of legal medicine, and that the general principles of adequate preparation remain constant throughout the field, regardless of whether the specialist in legal medicine is representing the plaintiff or defendant in any given action. SCOPE AND STATISTICAL BASIS OF THE PROBLEM: The body of knowledge and technique at the command of today's physician tends to compel us all to view with awe and respect our highly trained contemporary healers. It is this tendency toward awe and respect by the lay community which may sometimes insulate the medical profession from recognition of the human characteristic of error. However, such insulation seems to be dc teriorating. The once-rare professional negligence suit is now becoming more common. The American Medical Association has even made the dire prediction that one-fourth of all U.S. physicians will be sued for malpractice before the end of their careers. Those most likely to be affected are neurosurgeons, orthopedic surgeons, plastic surgeons, anest hesioiogists, obstetricians, and general surgeons. 1 "To some degree, the increase in malpractice suits is a by-product of medical progress. 'The success of modern medicine has led many people to expect the perfect result all the time.', says A.M.A. General Counsel Bernard Hirsh. 'When they don't get the perfect result, they consider it negligence.' Others blame the increase on a health care system that takes the patient out of the hands of a family doctor and places him in those of a specialized stranger. They point out that while people rarely sue physicians they know and- trust, they often sue 3 specialists." The picture painted by the medical community and some segments of the press tends to create the impression of a burgeoning Held of easy money for the suit-happy patient and his eager lawyer. While it is individual NOVEMBER 2, 1971 THE OPINION 6 understandable that no professional, or professional group, finds it pleasant to admit error, the question remains as to how well founded the claims of an "epidemic" of costly malpractice awards may be. In a lyJEdiciiME LoPRAkCTiSpEciAlsWT oRk much cited recent Ribicoff indicated that article Senator between 30 and 38% of the insurance companies' costs of professional negligence suits goes to the plaintiff, that from 15 to 35% goes to the plaintiffs attorney, and the bulk of the from 27% to 55% is taken by money defense attorney fees and defense investigation costs. 3 He also cited high percentage increases in malpractice premiums, implicitly connected with the high cost of professional negligence actions. SenatorRibicoff noted premiums for surgeons in Utah and Los Angeles of $3900 per year. The actual cost on a per patient basis will be treated in later discussion, but direct communication with the insurance company which - whether to proceed any further. He must appraise not only the rough medical basis of the client's claim, but he must also make an accurate assessment of the potential client's personality and psychological status aimed not only at determining what kind of courtroom - make (as any attorney does with any client) but more importantly, he must determine why the patient wants to sue the doctor. It is common knowledge that many people throughout history have held the presentation he will underwrites the vast majority of medical, professional liability coverage in New York State produced figures somewhat less striking than those presented by Sen. Ribicoff. The total cost of professional negligence cases closed by this company during 1969 (not limited to N.Y. State) came to $4,865,490. Of that, the cost for" legal defense, outside investigation, physical examination, expert Once the attorney has determined that client is honest and forthright, he must acquire as much information as possible about the current problem and all past medical history of the injured or deceased patient. This means an accurate account must be obtained of the entire medical background of the patient as well as a list of all past treatingphysicians and dates and places of hospitalization. It is the fees and court s (enographic expense came to only $699,660 or 14.4% of the total. Thus to injured 85.6% of the total cost went 4 patients and their attorneys. The average premium for surgeons in N.Y. State in 1969 was $ 1000 to $ 1500.5 Whether the true picture lies in the figures presented by Senator Ribicoff citing what appear to be extreme examples, or those supplied by the insurance company contacted is not easily settled. All would would agree, indicate that the medical professional negligence suit is not a "sure thing" for the plaintiff by any means, and chances of success certainly do not seem to be very great. A national magazine has stated that "lawyers now reject nine out of ten malpractice cases on the grounds that they are unjustifiable. Most of those they do take are settled out of court. Of those that go to trial physicians win at least two out of three."6 This summary correlates quite well with the data available. A survey by the writer of the Citation (a professional negligence and product liability reporting periodical published by the Office of the General Counsel for the A.M.A.) established that of the pertinent U.S. cases reported as reaching the courtroom in 1970, approximately 70% ended in verdicts for the physician. The question then arises not only as to why most of the suits are rejected, but why, of those that are initiated, so few reach the courtroom, and less than one in three of those are successful efforts by the plaintiff's attorney. The answers may be understood if one realizes that only a very competent professional in the field of legal medicine truly stands a good chance in the courtroom. The primary purpose of the following pages is to attempt to indicate why that is so in terms of how the practice of such an attorney is conducted. ATTORNEY MEETS CLIENT: Perhaps the best way to appreciate the intricacies involved in the arduous preparatory technique employed by the competent, experienced specialist in legal medicine is to follow his progress from a chronologicalvantage point. The first problem encountered by the attorney is the initial interview (often several hours long) of the potential client. This is without question the most important single event in the course of the entire procedure, for on thisinterview will depend the attorney's decision family) has been maliciously injured by a "quack". His motive appears to be revenge, spite, punishment, and sometimes a combination of frustration, greed, and jealousy. This is the client who is unpredictable. He may fabricate stories, he may try to run the lawsuit himself, and in extreme cases, may take it upon himself to personally harass the defendant doctors and hospitals. The real tragedy with such a client is that even if his case does have merit, the nightmare potential will influence a negative decision by an attorney who believes in handling a lawsuit on its merits, on a professional level (and who will never file suit naming "Dr. Jones, M.D.", but only "J. Jones"). DIGGING IN: consultation, court however, that both the number of professional negligence actions and insurance premiums are rising. But is the increase due to an increasing rate of suits initiated; a result to be expected from a natural increase in population coupled with a "changing image" (real or imagined) of the medical profession? A study of the pertinent statistics member of his Fried physician to be a guarantor of his work, but that attitude has not held any legal prevalence. In recent years, however, more people seem to be willing to seek counsel if an operation or other procedure produces a result which was not anticipated or full understandable (a phenomenon which by itself in no way negligence on the part of the doctor). It has been suggested that a substantial contributing factor to this shift in attitude has been the changing image of the doctor from that of the fatherly old family physician braving the elements any time of day or night to that of the successful super-businessman who has office hours three days a week, is indicates unreachable by telephone, has never heard the term "house call", and can often be seen on his way 8to the golf club or to his forest retreat. This changing image has caused the A.M.A. definite concern in recent years, especially since it is not difficult to hypothesize a causal relation between a strengthening of the impersonal "businessman" image and a rise in frequency of professional negligence actions. People don't sue family doctors if a cure doesn't work they do sue a businessman if his performance is less than expected. The statement (in 1963) by A.M.A. president Milford Rouse that "health care was a privilege and not a right of the American people" certainly did not help the situation. 9 - CLIENT MOTIVES CONSIDERED: The client may be motivated by such a breakdown of the physician-patient relationship; he may also have read any of numerous recent articles in and magazines which constantly raise a clamor about the "malpractice racket" and characterize it almost as a get-rich-quick scheme by citing a few odd "million dollar plus" awards (most of which are subsequently appealed and overturned a fact curiously left out of the reports). Many of these factors can influence a person to institute a lawsuit. However, the client that an attorney must be particularly aware of is the potential psychotic. This is a person who just wants to sue a doctor. He may want to do this because he feels he (or more commonly, a the newspapers - imperative that full medical records be obtained of the entire medical background of the patient as well as a list of all past treating physicians and dates and places of hospitalization. It is imperative that full medical records be obtained and reviewed by the attorney to avoid any surprise defenses based on past problems being causally linked to the current disease or treatment. (If a past medical problem can be shown to have contributed to the present result, the claim that the result stems from the defendant's negligence may be fatally weakened). Each physician must be sent an authorization, request to review his files and request for a full report to be forwarded to the attorney. (Cooperation on the part of such physician is assumed here, but it must be borne in mind that this is not always to be expected. Some may turn out to be far more cooperative with the defense requests than with the plaintiff's requests if they suspect a professional negligence action in the making.) BASIS IS ESTABLISHED: The next hurdle is acquiring all the hospital charts and records. (Discharge summaries will not suffice, since they a way of omitting certain information vital to a comprehensive evaluation and opinion.) If the injured or deceased party had been an inpatient in a hospital for more than a week or if the treatment was lengthy or complex, with lab work, surgery and consultations, the chart may be expected to run between 20 and ISO pages, with an average of about 75 for a stay of a few weeks. 1 ° Once the attorney has all of the pertinent records and reports, he must, on the basis of his general medical knowledge and his office medical library, make an initial determination of merit. He must also be alert for complications raised by statements in the medical charts. If the case still appears "clean", the next vital step is a search of all the pertinent medical literature. A competent specialist in legal medicine knows that before he can profitably confer with expert consultants, or even consider an examination-before-trial, he must know as much or more about the particular field of medicine involved than the physician himself does. He must know all of the literature concerning the research in a given field; he must be prepared to challenge, on scientific rather than legal grounds, not only the basis of statements by the defendant, but of his own experts as well. (If he cannot do that he will not know where his own strengths and weaknesses lie. For this reason it is often have important �NOVEMBER 2, 1971 that the attorney be familiar with all of the medical libraries and services (computer search, etc.) available in his area. He may spend several weeks researching a complex case, but at the very minimum, several days must be alloted for preliminary medical library time. When the attorney has completed his library work, he will be well versed in the body of scientific knowledge available to the defendant physician (and other expert witnesses) but he will still be v nprepared to evaluate the clinical performance of the defendant. No matter how skilled the attorney may be in the scientific knowledge of any given area, the only person who can answer as to how that knowledge is commonly utilized,is a practicing physician. (Even if necessary the attorney had his M.D., he would still be lacking in adequate practical clinical knowledge.) It is theref ore also imperative that before an attorney makes the final decision as to whether or not to accept a client's case he must conferwith his own experts to determine the current standard of care for the procedure involved. It may turn out that in light of the research available, all the doctors in the community are performing a given service at a level of care that is really negligent. However, if all do it that way, the case still may not be hopeless, but it will certainly not be easy, and the attorney must be prepared for the likely event that a "proper standard of care" defense will be raised. The attorney's primary purpose in consulting hisexperts is therefore to discover any defenses which might be raised based on clinical practices and judgement and to explore possible avenues of attack on those defenses. (After such consultation the attorney may well decide that the case' truly has little merit and he may make the decision to proceed no further, or to THE OPINION investigates the background of the physician (education, experience, past lawsuits, etc.). This is followed by a general review of the case and consultations with the defendant and the company's experts. The list of experts available to the defense is, of course, almost as long as the list of members of the American Medical Association and is the big gun of the defensearsenal. (If the attorney can keep the defendant from making any definite admissions or (in N.Y.) from recognizing any books or authorities, the defense case is much stronger and rests on a parade of experts for the defense testifying that the defendant exercised a proper standard of care in his treatment of the patient and the untoward result was either unavoidable or a result of a mistake of judgement.) The insurance company and defense attorney rely, justifiably, on a choice of paid specialists in each field to supply all the basic knowledge plus up-to-the-minute information on clinical technique. MOST VITAL LINK: next big The challenge to the plaintiff's attorney is to prepare an accurate, probing and productive examination-before-trial. Taking the defendant-doctor's deposition is absolutely the most vital link in the plaintiffs case. "There is no room for guesswork, firing from the hip or taking a chance." , * 7 It then becomes essential for the attorney to trace and if possible, acquire all the indicated sources and authoritative texts. Hopefully, such sources will contradict the very standard of care rendered by the defendant or may strongly recommend precautions which he apparently ignored. At this point the attorney will be in good position tocheck further into the background of the defendant. More library time must be allocated to acquire all of his previous publications, if any, which might emphasize contradictions in his testimony. After such study, the attorney should be ready to proceed to a second conference with his expert consultants to gain their advice and opinions as to strong and weak points apparent from the deposition transcripts. If the oral deposition has been effective, the defense will sense that their chances of success in a courtroom with this particular defendant may be less than desired, and preliminary negotiations for out-of-court settlement may be expected. Such offers are rare in professional negligence suits, however, except in glaring cases of negligence. (It should be noted that most - professional liability policies contain a provision requiring the consent of the defendant before settlement may be agreed upon. Many doctors who feel wrongly accused or are loathe to admit error, will prefer to take their chances in court, knowing full well that there the odds are heavily in their favor.) From such an overview of the — Buffalo area. d cf cndant local medical man. The attorney must get the most from well grounded answers now, or he may find himself on quicksand in the courtroom. DECISION IS MADE: DEFENSE VIEWPOINT: now be seen that the pre-litigation procedure for the plaintiffs attorney is a very complex business. How does the defendant's insurance company proceed in protecting its client's interests? (While it is extremely difficult to determine precise procedures utilized by the insurance firms and the counsel they" engage, a general picture of the defense counsel technique was constructed from communications with the legal departments of several companies.)1 f The defense counsel retained by the insurance company first It may - procedures involved in adequate pie-trial preparation of a professional negligence suit, it becomes readily apparent that substantia) expenditures of time and effort are mandated. At this point the reader may be wondering about the magnitude of the financial burden to the piam tiff, defense, physician in practice and of course to the average health care consumer. It is difficult to obtain, on a national scale, precise answers to these questions. Therefore, unless otherwise indicated the costs noted in the following summary are typical of current pre-trial litigation costs for the the ultimate decision he reaches, must be well versed in the field so as to confer on a professional level and be sure he has developed every avenue of approach. He must bear in mind that adequate scientific knowledge is extremely important so that he may be protected against accepting any broad or poorly based statement even from his own expert, since chances are that this is an expert for consultation only and that he will not agree to go into court to substantiate his position against a persons and/or institutions potentially liable since in the final argument defense counsel may assert that the injuries were caused not by his client but by someone else. qualifications, previous publications and courtroom experience and discuss these with the expert prior to trial again, to avoid any last-minute surprises by the may dcf cnse, who have numerous, well-known authorities from the AMA or the State Medical Society on call if needed to attempt to discredit the HOW MUCHDOES IT COST? against a particular defendant.) The attorney, regardless of If after all the preliminary workup, the with the requirements of professional skill relies upon the evidence of experts who have special knowledge of such subjects. Thus, in a professional negligence case, the plaintiff must prove by a member or members of the defendant's own profession, the standard of care or skill ordinarily used in the practice of that profession, since they alone know such standard. The testimony of another physician is therefore necessary to help the judge or the jury to soundly appraise the defendant's performance. In fact, "it has been held in the great majority of malpractice cases that there can be no finding of negligence in the absence of expert testimony to s support it."' (It should be noted that the attorney must be certain that the doctor to be engaged is indeed well qualified for the job. The attorney will of course have to research all of the man's testimony of the plaintiffs expert.) discontinue attorney decides that the case has merit, and chances of settlement or success in court are good, he will then accept the client and institute suit (providing, of course, there is no statute of limitations problem). It must also be remembered that to afford the best protection forhis client, the attorney must sue all those from his expert, it must be arranged for the expert to be present early, so that he the testimony of the defendant and note his demeanor before making final preparations for his own appearance on the stand. Resolution of the question whether or not an operation or treatment as performed was proper and in accordance may hear A competent specialist in legal will carefully prepare each question of the oral deposition and may spend many full weeks on this task. The finished deposition may be composed of several hundred questions, each precisely medicine worded so that a minimal response is indicated. All possible responses to each question will have been anticipated by the attorney and based on any given reply a single question or an entirely new series of questions will immediately be employed by him. This is the crucial part of the preparation because the overall picture and admissions gained from a well-prepared oral deposition can be the greatest lever available to the plaintiff for an out-of-cburt settlement. Such oral d cpos i tions, which may be several hundred pages in length, will be required of each defendant and it is best for the plaintiff if done early in the case, before elaborate defense strategy has been prepared. If the examination has been successful, the attorney will have gained some information from the defendant as to his competency, demeanor, scope of — knowledge, procedures used, and most importantly, sources he recognizes as authorities or from which he received the training he utilized in rendering the treatment in question. MAJOR HURDLE: The plaintiffs attorney is then ready to take the final step before certifying the case as ready for trial. This last step, though, may be the most difficult and the most costly. An expert witness willing to come into court and testify as to the negligence of the defendant must be found. The witness must not only be courageous and perhaps even risk cancellation of his own insurance policy. 13 but he must be knowledgeable and convincing to the jury in addition to - possessing impeccable academic qualifications. The task of acquiring such expert testimony for the plaintiff is indeed monumental and an attorney who does not command the respect of the medical profession may well find it impossible. (The depth of the "conspiracy of silence" on the part of the medical profession is made painfully obvious to the lay community by the publication of competent surveys indicating that the vast majority of doctors would be unwilling to testify for the plaintiff even if a colleague removed 4 the wrong organ during surgery!)' If the attorney is successful in his search for the vital expert witness and if the plaintiff is to gain maximum benefit It may be recalled that one of the first steps taken by the attorney is the procurement of all pertinent medical records and reports. Physicians' fees for such reports may run from $30 to S6O each, depending on complexity. (Some physicians have been known to use one pre-printed forms from page law-publishing firms on which they "fill in the blanks" and agree to send the report only after payment of a S3O-S4O fee.) The cost for copying hospital records for an attorney has been increasing steadily, even with the advent of the Xerox. It is now (for the Buffalo area) generally S3-S5 for the first page and SO cents to one dollar for each additional side. (Many attorneys question whether this high cost might be a special c onsideration for them!) Thus, the a verage chart for a single hospital admission may cost from $40-$75 to duplicate, and often runs as high as Sl5O.I Since numerous doctors and hospitalizations may be noted in the patient's history, the disbursements for such necessary items alone may run several hundred dollars (although the average is probably under $ 100.) 1 The next costs to be considered are those incurred in library research. They may of two types copying of journal articles and rental of computer time. If computer no time is involved, the cost should be minimal about SIO-S2S. Following his own initial appraisal of the material, the attorney then arranges for consultation with his own experts for their initial 'evaluation and clinical (continued on page 8) - �NOVEMBER 2, 197! THE OPINION 8 Cont'cl appraisal. Such expert consultations can be free if the doctor is a close personal friend of the attorney, but on a business basis the cost runs $100-$l5O per hour. HARSH REALITY: At each step from the initial interview through consultation with experts, the harsh economic realities of the case must be constantly borne in mind by the attorney. He must determine if the damages to the patient as a result of the alleged negligence of the physician justify the costs of a suit. Is the potential balanced by substantial amount of legal, medical and court costs and' worth the time and trouble both to the client and. Xhe attorney? What happens if the verdict is in favor of the doctor? Can the client (and more probably the attorney) afford to spend so much to recovery collect an equal amount or less (and lose the whole thing if the suit fails)? In effect, the attorney must decide what the case is worth and balance that possible gain against certain disbursements. Should the attorney, after his lengthy and com prehensive initial appraisal, believe that a truly meritorious cause of action exists, he may institute suit. Costs involved for this procedure are minimal if the case is local, but if the suit must be commenced out of state, resident counsel must be obtained. Fees for this range from flat rates of several hundred dollars to a percentage of any recovery. (Ou t-of-state suits will also involve substantial transportation and deposition or interrogatory expense which will not be considered in this paper.) It must be strongly emphasized that almost all of the costs mentioned above must be borne not only by the plaintiffs attorney, but, should suit be initiated, by the defense as well. Such duplication of costs is one of the primary reasons for increased insurance premiums and when resulting from an unwarranted lawsuit underlines again the urgent need to discourage unqualified attorneys from undertaking, and prematurely initiating such legal actions. Once suit has been commenced, the defense will request, and get, authorization for an examination of the plaintiff by their own doctors for their appraisal as to damage, permanency, etc. Cost of such an examination usuallyruns under $50 and is borne by the insurance company: When the suit has advanced to the point where oral depositions have been taken, the next big cost factor(again, for both parties) is encountered. Cost of the transcripts, which may well run to several hundred pages in length,averages $300 to $500. If it becomes necessary for the suit to proceed to the courtroom, and expert witnesses must be engaged for trial, the substantial expense must be by the attorney. (Precise figures could not be obtained as to cost for such experts to the defense, but it is assumed to be quite a bit less than for the plaintiff, since testimony for the plaintiff is very difficult to procure and those most considered sufficient (from a defense point of view) to justify courtroom litigation and many expert witnesses. The professional negligence insurance carriers must obviously rely on premiums collected to underwrite the cost of both defense litigation and, where the plaintiff is successful, the actual damage awards. It is logical that the burden of paying for such premiums will ultimately fall on the health*care-seeking public. The loud voices raised by some members of the medical profession and by the insurance industry often cry out that the public is being milked to support a startling increase in insurance premiums. It is only natural to seek a more precise definition of the actual cost to the public. (It should also be understood that many classes of physicians may have their fee schedules supervised by local boards, and cannot ethically pass on the burden of increased insurance costs to the patient. For these practitioners, the sting of rising malpractice premiums is more intense.) Professional liability insurance rests, as does any insurance program, on the theory of many consumers each paying a little, so that those few unfortunate enough to sustain a loss may recover at least part of thatloss. (Few object to this theory in terms of homeowners, life, disability, or fire insurance, but for some unexplained reason, many seem to feel antagonistic toward its application in the realm of professional negligence.) Whileit may be true that an annual premium of $3900 for a general surgeon $1000 seems quite a bit to pay, it should be borne in mind that he sees many patients - . a year and a per visit cost might be the proper perspective from which to view the actual burden to the public. Using Senator Ribicoff's own extreme example of the $3900 premium paid by a Los Angeles general surgeon, "his per patient cost for malpractice insurance jumped to 85 cents this year ," 18 The cost to the patients of a New York surgeon paying a premium of $1000 per year would, on the same basis, be about 25 cents per visit. A cost of 25 cents, or even several dollars, would seem to be a small price to pay forinsurance in view of the potential magnitude of disaster which a surgeon's plaintiff (or his attorney) must recognize that the expert's travel expense, living and courtroom fees will be substantial. Should the expert have to spend two (or even more) days in court his fee for that plus travel time can easily run $1500 to $2500, depending upon his qualifications,ability, and time spent. expenses WHO PAYS THE BILL? It may now be seen that considerable expense ranging from several hundred to several thousand dollars may become necessary before the conclusion of litigation. The defense may incur somewhat lesser sums than the plaintiff, but these too, may be considerable if the defense believes the merits of the case encouraged unscrupulous attorneys to file unbased nuisance suits as a means of quick money. (Opinion here was particularly pointed and one could not help wonder how many were aware of the true picture of the benefits of the contingent fee to the patient and more interestingly how many physicians would undertake an extremely complex operation or lengthy cure with an agreement to charge only if successful.) The results of the physicians* attitude toward the contingent fee have been summed up by Eli Bernzweig, (Special Assistant for Malpractice Research and Prevention, U.S. Department of Health, Education and Welfare) in his statement that — — - Growing numbers of physicians blame the increase in malpractice litigation on the legal profession, pointing to the contingent fee as the prime motivating factor behind the majority of malpractice suits. This theory has had many unfor tvn ate consequences, damaging both to medical practices as well as legal processes. Its essentially defensive approach by prompting many physicians to compromise their medical judgement, or to refuse to testify in malpractice cases, or generally to refuse to cooperate outlay for the machinery must recovered.) be The true picture of the contingent fee problem wit! disclose that even in California (where premiums for malpractice insurance are the highest in the nation) one broker reported the a v cr age professional liability payout averaged $5333 in 1968, and other sources reported recent average payouts 2, as ranging from $7000 to $13,000. "No attorney is getting rich from settling, average let alone trying, cases of this size." Physicians forget that the con t i ngent fee is contingent upon winning, and losing costs the attorney himself a lot of money. There are time costs in deciding whether or not to represent a client, investigating the claim, *' reading the legal and medical literature, and conferring with physicians and witnesses. Landlords, clerks, typists, court reporters, printers, and booksellers have to be paid regardless of how the attorney may be wasting his time. ,- claim settlements are not profitable either, because malpractice insurance companies don't settle cases with attorneys who have developed a reputation for bluffing on weak claims. Nobody can make a physician like the contingent fee system in medical malpractice litigation. But he could understand that the system protects many physicians from a lot of weak malpractice claims if he will just remember what the plaintiff's attorney knows: 22that 30% of nothing is 'Nuisance nothing." The most important argument favoring the contingent fee system is that without it the average or poor client would find it difficult and more probably impossible to obtain counsel in an attempt to recover even some of what may have been a devastating human and economic loss resulting from negligent or incompetent treatment at the hands of a licensed physician. It would appear that the physicians attack on the contingent fee system is well calculated. If such an attack succeeds they will have achieved their goal since professional negligence suits will be few and far between available only to the rich. - IS REAL RESULT PROFESSIONAL DISASTER? It is sensed by theauthor that the zeal which some physicians respond to mention of the professional negligence problem may stem from a TODAY OR TOMORROW: with any After a thorough consideration of the of professional negligence litigation to the plaintiff, defense,and the public, it may be seen that the current situation is not really as critical as some strong belief that such a suit brands actual costs professional negligence litigation? It is here that the importance of Senator Ribicoff's conclusion may be stressed. He In some of the interviews with members of the medical profession, a strongly defensive attitude became apparent. Numerous physicians cited two major areas of concern. They first pointed out that the publicity about the problem coupled with their own increasing insurance rates tended to foster the creation of the "gunshy" physician. They found themselves and associates p ra c t icing more defensive medicine; refusing to take patients whom they know to have had prior malpractice litigation or who were not referred to them by trusted colleagues. They also claimed to be ordering more tests' which previously were not routinely ordered (and which they therefore termed a doctor as an incompetent, rather than as this in particular instance did his job in a substandard manner causing compensable injury to the "customer". In one of the fewretrospective studies available to date, R.L. Wycoff, M.D..LLB, found that of all the physicians sued for professional negligence in Connecticut over a recent ten year span, the most severe effects on the doctors were subjective. Equal numbers reported a drop in practice as reported an increase as a result. (Colleagues in many cases referred increased numbers of patients to the sued doctor in order to bolster both his ego and his practice.) No license revocation or censure of any type was reported (whether the case was won or lost). There was no apparent change in professional status, but a smallnumber did have to pay increased insurance a normal human being who would have us believe. The main concern should be not with the present, but with the future. What is the real effect of "UNNECESSARY" TESTS BY ,, "GUNSHY DOCTORS? formidable array of experts are few and far between.) The expert wilt most surely A second major area of concern was financial. The physicians unanimously decried the contingent fee as the source of most of the evils of the malpractice problem. They were under the distinct impression that such an arrangement hospitals, of course, claim they arc "non-profit" and that the large capital knife?) not be a local practitioner, and the the THE dollars ever adequate compensation for a young person doomed to a life time of total disability-and pain resulting from a faulty technique or improper use of a rigors of the courtroom while challenging another physician and a subjected to - CONTINGENT FEE POCKETBOOK QUESTION: negligence could cause the unfortunate patient. (Is a few hundred thousand noted that "at present, it appears that no one affected by the rise in malpractice suits and claims has been able to deal with this problem in a manner19that promises to alleviate the situation." physicians willing and able enough to be indicated a belief that such tests accounted for needless and felt the expense patient for the extra results were often "confusing". The more dangerous diagnostic procedures were likewise not being employed as often. "unnecessary"). They with the legal profession in matters involving professional medical liability. They prefer to view the situation as a menace to be avoided rather than a professional responsibility to be squarely confronted.30 Some of the physicians who had taken the time to do a little research into the depth of the problem from both a medical and legal point of view raised the interesting point that perhaps this "threat" of professional negligence action was forcing a large portion of the profession to admit many shortcomings previously ignored. Perhaps those "unnecessary" tests should have been done all along, and if the results were confusing to the average physician he might do better to admit his limitations and consult specialists who were better qualified to interpret laboratory data, ft might also spur the long overdue utilization of available automated equipment which on a volume basis reduces the cost of many standard test to pennies, but are charging the patients the same several dollars that was billed when the old, manual methods were used. The premiums. 33 In the final analysis, the professional negligence problem turns out to be not as much a critical problem at the present time, but shows the potential for future complications. If the professional negligence action itself is attackedrather than its basic causes and abuses, the health care consumer will surely be the big loser in the long run. WORDS TO THE WISE WILL WE LEARN? The major causes of an increase in - �NOVEMBER 2, 1971 THE OPINION professional negligence actions may be summarized as: A. Breakdown in the physician-patient relationship. B. Breakdown in quality of health care. C. Increased publicity by an often uninformed press. D. Activity in the field by unqualified attorneys. While it is not within the scope of this communication to treat each of these causes in detail, a few wordspertaining to constructive suggestions aimed at alleviating future problems might be in order. \. Breakdown in the physician-patient elationship As long as medicine continues to lecome more complex and the need for ipecialization grows, it becomes more lifficult for the physician to maintain a ull personal relationship with the latient. However, there is no reason why specialist must be the impersonal usinessman whom patients tend to sue. everal doctors interviewed expressed oncern that this part of the problem was ot due so much to the nature of the lecialists job, but might have a real basis i the type of personality becoming more , revalent in today's medical schools as a suit of the sheer crush of competition I admission. Medical schools, aware of us problem, are changing admissions so as to admit more well-rounded", qualified students and inimize exclusive reliance on academic 24 riteria rerage. Breakdown in the quality of health re The problem here is basically 'o-sided. On the one hand there is the nost critical problem of the scarcity of ir medical personnel. We are simply not oducing enough doctors to meet future mands. The blame for a scarcity of Lysicians has often, and apparently with uch justification, been placed on the otective practices of the AMA. The esent AMA executive vice president, r. Ernest B. Howard, claims AMA ntrol on enrollment in medical schools s to "prevent a surplus of physicians ring the depression, and that the ssent scarcity was not realized until 67".25 The fact remains that 50% of :lr~ qualified applicants to medical hools are not accepted due to lack of ace! 26 To head off future problems we nply must educate more physicians and pecially paramedical personnel. An rerworked doctor may well be more one to error than one functioning nder a moderate patient load. The other side of the problem rests squarely on the profession itself. The licensing statutes of most states (including New York) make no provision for control of the quality of care rendered by the physician. His license may be placed in jeopardy if he advertises, is convicted of a felony, is a drug addict, or seduces a patient, but the law says nothing about the kind of care his patients must receive. There is as yet no requirement for periodic re-licensing or re-education (the recently established specialty of "family medicine" may grow to be the one exception to the rule a giant step in the right direction). The medical profession may have to accelerate its recognition that the rate of growth - 9 medical care to be available to generations which follow. We all need to work to eliminate the belief and stigma that "malpractice" is equivalent to "bad doctor". "Recognition that many, or even most, unfortunate results are not due to professional negligence should not obscure the fact that some are. One or two below average acts in a life time of good medical practice is an unusually good average. ... doctors should stop being 'up FOOTNOTES 1) "TIME" Magazine, Nov. 2, 1970 P.36 2) Ibid. 3) 'TRIAL" Magazine, Feb./March 1970, p. 13 and progress, and increasing complexity of modern medicine mandates acknowledgement by the individualof his limits of competency in any given field. Uniform re-licensing and post graduate training requirements may become recognized by the profession as necessary in the years to come. C. Increased publicity by an uninformed press. Once there is overt recognition by both the medical and legal communities of the causes of the problem, and steps are taken to correct them, a more cohesive picture may be presented to the press which would minimize the incidence of sensational or alarmist articles on a national scale. Once a problem is well on its way to solution, the press has a way of losing interest in it. D. Activity in the field by unqualified attorneys Activity by such attorneys who lack preparation or ability in the medical field leads to the initiation of numerous non-meritorious suits the bulk of which would have been rejected by a competent 1970 The Patient and the Physician"; TRIAL: Feb/Mar 1970 9) Science News 97:47 Jan. 1970 10) Personal communications with Medical Records Librarians of 5 Buffalo area hospitals. 11) Several letters sent to major malpractice insurance companies went either unanswered or produced very vague and overly broad statements as to cost. An almost protective, defensive attitude was sensed on the part of the companies, as if it was not for publication as to how they operated, who their consultants were, what preparation went money on initial Testimony - specialist in legal medicine. The waste of defense and the amount of ill w ill generated between the professions by this type of practice is immeasureable, and ironically such activity constitutes the same type malpractice of which the legal community so often accuses the doctors! "MALPRACTICE" DOES NOT MEAN BAD DOCTOR: It may now be appreciated that the actual cost of professional negligence is not only to be measured in dollars and cents, but in terms of potential damage to the future of medical care in the United States. However, recognition of the causes of the problem today may reap huge benefits in terms of the quality of 4) Personal communication with Employers Insurance of Wausau. 5) St. John's L. Rev. 43:578 April "69 6) "TIME" Magazine, Nov. 2, p. 36 7) "Grappling with a New Image", ScienceNews 97:47 Jan. 8) "MedicalMalpractice: into a case, etc. 12) "MedicalMalpractice", - J.B. Spence monograph available through the American Trial Lawyers Association. (p-7) 13) Cancellation of Policy to Deter Doctors from providing Expert Protective case note re: L'Orange v. Medical Co. (394 F 2d 57) College Boston Industrial and Commercial Law Review 11:545 March 1970 p. 545-53 (Reversed on Appeal by the Director) 14) Survey by the Boston University - Law-Medicine Research Institute showed that of 214 doctors interviewed, only 31% of the specialists and 27% of the general practitioners said they would be willing to testify for the plaintiff if a surgeon, operating on a diseased kidney, removed the wrong one! W. Prosser, Law of Torts 167n.45 (3d. cd. 1964) 15)Prosser, (Ibid) 16) Personal communications with Medical Records Librarians of 5 Buffalo area hospitals. tight. They should learn that the public will still honor and respect them for the good they do, despite their occasional errors. When that day comes, a calmer dialogue can be had and insurance companies encouraged by doctors to do so, can start processing malpractice claims as they do other liability claims. Perhaps then we can have early settlement without suit and massive expenses for all claims except those clearly having no merit.. ."27 17) Personal communication with several Buffalo and Rochester attorneys who handle a substantial amount of personal injury and malpractice litigation. 18) TRIAL Magazine, Feb/Mar 1970 p. 13 19) Ibid. p. 14 20) Ibid. p. IS 21) Subcommittee on Executive Reorganization of Senate Committee on Government Operations, 91st Congress, Ist Session, Medical Malpactice: The Patient vs. the Physician, 16 (Comm. Print. 1969) pp. 1041, 1015, 1021. 22) David J. Sharpe, Professor of Law, George Washington Universtiy in TRIAL,Feb/Mar 1970 p. 21 23) Effects of a Malpractice Suit Upon Physicans in Connecticut, R.L. Wycoff, M.D., LLB. p. 82 of the Tort and Medical Yearbook (Averbach and Belli) Vol. 2 1962, Bobbs-MerriU, New York 24) Personal interviews with several doctors on the faculties and admissions committees of 3 medical schools in New — York State. 25) Science News, Vol. 97, p. 48 1970. 26) Ibid. 27) TRIAL Magazine, Feb/Mar (Editorial Comment) Jan. 1970 p. 8 ADDITIONAL BIBLIOGRAPHY 1) Scarce Medical Resources, Columbia Law Review 69:620 April '69 (620-692) 2) Legal Regulation of Health Personnel: Wash. Univ. L. Rev. (Quarterly) 1967, 247 (247-399) Willamette Law Journal 6:183 June 1970 Clev. St. L. Rev. 19:20 Jan 1970 (Rx for Malpractice) 5) Insurance Law Journal 1970:69, 325 F, Je. '70 6) Insurance Counsel Journal 37:94 Jan 1970 (limitations of Malpractice) 7) Clev. Mar. L. Rev. 17:218 May '68 3) 4) (Res Ipsa) 8) ABA J. 53:1136 Dec. 1967 (Cost) 9) Medical Malpractice: The Insurance D.R. Uhthoff, St. John's L. 43:578 April'69 Scene, Rev. Notes From Elsewhere by Michael Montgomery lustinian Brooklyn Law School CONTROL OF STUDENT FEES Our kin .in Sin at Brooklyn has achieved- the ieemingly impossible task of gaining complete control the money exacted as student fees for the use of its SBA and Student Organizations, with the help of their Dean. Ah, wilderness were paradise enow. It would be nice if the students at Buffalo could do the same and be free of the pettifogging fiscal bureaucracy foisted on them by the Main Campus and Chancellor Boyer in Albany, particularly in light of the demand by the Main Campus of tribute for our use of their facilities, which in fact few denizens of Eagle Street actually use, and the additional humiliation of being unable. Sports equipment bought with student money without paying an additional athletic fee. Dyer BALSA Black students at Brooklyn have formed a new chapter of Balsa with the proposition in mind that increased enrollment of Black law students was essential for building a larger community of Black Lawyers throughout the country. Twenty of the 1300 students presently enrolled at Brooklyn are Black. A particular problem area for consideration by this newly formed group is the effect that the 60% general attrition rate at Brooklyn will have on the \Vi% of the student body which is Black. Obiter Dicta Osgoode Hall, Toronto THE SOCRATIC METHOD AND A RETROGRESSION TO STUDENT SUBSERVIENCE Paul McLaughlin of this Canadian institution is attacking the traditional approach to legal teaching methods on the basis that it no longer is a useful pedagogic tool. Initial emphasis is put on the fact that the traditional one on one structure of the Socratic encounter has been lost in large group classes, ever more prevalent. His second criticism focussed on the fact that with such a large group and limited time the faculty does not have the time to draw out knowledge from the students in the manner exhibited in the Crito or the Phaedo— it has devolved to a putting in rather than a guided process of extracting wisdom. McLaughlin's major criticism is centered on the subservient mentality which the use of this outdated methodology seems to engender in the students who are subjected to it. He criticizes the faculty for establishing themst' as sanctified rence are due, masters to whom kowtowing and rather than being partners in an intellectual dialogue. The imposition of such inequality, will result, this writer feels, in the loss of any useful free-wheeling give and take type of discussion. A secondary reason for the problem is the attitude of first year students, who lack sufficient self-confidence to exert themselves in opposition to the sneering browbeating they allege themselves to be the victims of. LENIN ON LAWYERS This Canadian newspaper prefaced a discussion of the Lawyer's role in radical Canadian politics with a quote from Lenin which may be amusing, however out of context it was taken: "Lawyers should be kept well in hand and made to toe the line, for there is no telling what dirty tricks this intellectualist scum will be up to." University of Texas Texas Law Forum REJECTION OF LAW REVIEW Carol Oppenheimer has rejected her invitation to become a member of the Law Review at this Southwestern school on the following basis: based on grade from the first year, it encourages undue emphasis on marks rather than on legal education and promotes unhealthy competition among students trying to garner for themselves the privileges of being selected by the Review. It encourages the demoralization of those who try but do not make it. The method of selection belies the Review's purpose as a legal journal because it is not designed to recruit those best qualified to right. Students do not join the Review because of their interest in legal research and writing, but rather because of the prestige and better job opportunities available to those few who do get selected. It is a closed, exclusionary institution confined to a small minority. Its basis for selection solely on freshman grade penalizes those who do not do well their first year for the rest of their academic career, and probably beyond. Miss Oppenheimer suggests that it be opened more to the general student body, and that it publish any meritworthy article submitted to it by any student, member or non-member. �page ten NLC (continued from page five) Harlem Conference of Lawyers, Selective Service law, techniques the National Conference of for trying a political case, and Black Lawyers, the Center for new forms of the practice of Constitutional Rights and the law. Recent Guild publications National Lawyers Guild. Local include "Minimizing Racism in members are also handling much the Voir Dire by Jury Trials of the Welfare Rights cases in Charles Garry in the Huey this area, including the challenge "The Draft Case"; Newton New to the new New York State a manual for lawyers Law" welfare laws. Other areas in and counselors; "Civil Rights which local members are and Civil Liberties Handbook"; particularly active include a and the "Guild Practitioner", a constitutional challenge to the b i-mon t hly theoretical-practice Buffalo School Board, prison and news publication. reform, etc. The Guild has also In the future, the two local attempted to deal with the chapters intend projects in such problems of professional elitism areas as health care and health and sexism in the legal workers, legal resources for profession. Workshops and community groups, law school discussions at the August 1971 reform, the publication of convention included these topics "street sheets" on tenant rights, and Guild membership was high school rights, demonstrations, and arrest and expanded to include legal workers and "jail house" arraignment, tenant unions and a - - lawyers. TheLocal Chapter In September 1971 a local chapter of the Guild formed. In addition a Student Chapter was established. Guild members were among the first to come to the defense of the Attica inmates. The chapter sponsored a demonstration the afternoon that the massacre occurred, in cooperation with the Buffalo Rights Action Group. Guild members set up and have been operating the local office of the Attica Defense Committee (816 Prudential Building). The Committee has organized the interviewing of over 200 inmates, gathered evidence for affirmative actions, cases on constitutional rights of inmates and expected criminal defenses. It is also in close touch with community groups and the prisoners. In addition it is coordinating the work of member legal organizations, including the American Civil Liberties Union, the legal Aid Society of New York, the regional newsletter. The local chapter is young and the amount it does will depend upon the commitment of progressive lawyers, law students, and legal workers. The National Guild has made the following commitment: "As movements for radical social change expand and grow, the Guild will be there utilizing its experience and skills as new areas of struggle develop, and the Guild will go on organizing and training lawyers, law students and legal workers to meet the ever increasing demands for political legal skills. The Guild will continue as the only organization providing geographical and generational continuity and coordination to NOVEMBER 2, 1971 THE OPINION Concerned I ?w Students Placement Newsletter Started by Rosalie Stall Larry Zimmerman of the Concerned Students announces the formation of the "Legal Action Newsletter", a publication aimed at the compilation of available projects in the radical, educational and politicalspheres. The reasons behind the formation of thisnewsletter, Mr. Zimmerman states, are that, "Most law students have very little time available to become involved in projects outside the school and in recent years more and more incoming students have felt a desire to become involved in such projects. A result of this conflict has been that many students never find out about many projects that they would have liked to work in, or students find themselves in projects they are not really interested in for lack of information about other available projects." Concerned Law Students has decided to remedy this situation by a proposed biomonthly compilation of available projects in the radical, education, and political spheres, and interest groups in these same spheres. Such listings will include "aides needed for political campaigns, research workers needed in civil rights groups and causes, legal aides needed in community groups, etc." Also proposed are placement notices for firms,law collectives, and community groups, when they become available,and as they are related to the general purposes of the Newsletter. CLS hopes to establish a regular bulletin board and an information collection center at Shirley's desk. The purpose of this newsletter is to provide the law students with a more coherent communication system by which he or she can make a more intelligent choice as to outside activities. Larry Zimmerman and' Harry Hirsch will be doing most of the work on this Newsletter. For further information, students may call Larry Zimmerman at 881-4334, or look on the bulletin board soon to be Placed. the efforts of lawyers, law and legal workers st vdents, engaged in the movements for change in this country." You are invited to join in this commitment and struggle. The chapters will be holding a joint meeting on November 2, 1971 at 7:30 PM at 1027 Lafayette Avenue in Buffalo. You are invited to attend. Social Committee Klein PAD Treasurer Richard Weinstein helps serve the brew at the party in the loungesponsoredby PAD. Also featured were ham and cheese sandwiches, a firstfor lounge parties. Response to Criticism of the Blast From the Social Committee, Jeff Spencer, John Anderson,and Dan Ward In light of the criticism leveled at the Social Committee in the last issue of The Opinion we feel that the student body deserves an answer. The Social Committee is well aware that no matter what type of party or event is held, some segment of the student body will feel that a different type of event wouldhave been more appropriate. Initially we would like to thank Mr. Fried and Miss Stoll for their criticisms which prompted us to conduct a survey of the student body to determine the general reaction to the September 24th party and the type of affairs desired by them. We realize that the goal of the Social Committee is to benefit the entire school not the interest of any particular group. In the future the Social Committee will attempt to conduct its affairs with a view toward the desires of the students as reflected in the results of the survey. We will examine each criticism and either refute, accept or explain it. Since the band was the foremost item discussed in the questionaire as an area marked for improvement it will be explained first. The Band In her article Miss Stoll states that the band obtained for the party was the "first" band contacted. This is only a half truth. Two agencies were contacted (Buffalo Festival Arts and Great Lakes Booking). Great Lakes indicated a good local group probably could be found and would call us within a short time. Several days passed and nothing was heard. A number of calls were made inquiringinto their progress in procurring (there is that word again) a band. Time was growing short. At this point the band which did play at the party was contacted. They gave us a firm commitment at a low price $ 100 with the stipulation they would play tunes from the 60's as well as contemporary sounds. The band failed to live up to their promise. Needless to say they will not be hired again. Miss Stoll also stated in her article that the "music" was so loud "it was impossible not only to talk but to dance." We agree that the band was too loud. Her observation that it was also impossible to dance to is questionable; people were dancing and at one point they took up half the hall space. The Hall The hall was next on the suggestion list for improvements. Miss Stollrefers to it as "decrepit." Although admittedly the hall was not co mparable to the Hearthstone Manor neither are our finances. We think her description is very unfair. Our survey allowed space for criticism and there was not one other person who criticized the overall physical plant as such, though many suggested specific improvements in the facilities e.g. tables, chairs, lighting. Many people in attendance commented very approvingly of the facility, which cost the students a minimal $50 for the evening. While it is true that a room might have been obtained on the main campus free, any beer purchased for parties on campus runs $40/ half keg, and must be purchased through Food Service. The price Braunschidle Hall charged was $27.50/half keg. The same party (7 kegs) would cost $280 at Goodyear whereas Braunschidel cost $242.50 (7(27.50+550), we saved almost $40. In addition Food Service adds to their base cost maintainence charges. The Hall was chosen because it offered adequate facilities at a competitive price (comparable to UB and other halls contacted last spring) was located on a main street reasonably easy to find and was available on a date thought to be convenient for most of the student body. "Procurring" Young Ladies After reading that the Fried's criticism Committee was Mr. Social "procurring" young ladies to come to the party we were fearful that the next step was going to be an investigation by the Buffalo Vice Squad. One suggestion made in one of the questionaire responses was the feasibility of establishing a prostitution ring. The members of the Social Committee invited the single non-law student girls to come based on a number of premises. First, people at a party many times like to dance especially if there is a live band. Second, normally to dance one must have a partner usually one maleand one female forming a couple. Thirdly, the the excess of single male over single female law students (220) we theorized that there might be a problem for these single males who were not married or did not bring a date. Lastly, the remedy for this situation would be to invite single girls to make up the difference in numbers. Thus based on these premises we invited additional single girls to come to party. (We estimate the additional the cost involved was $SO-including beer and advertising, not to mention the pretzels they, "ripped off"). In the future unescorted non-taw students wilt be charged before they are admitted. Mr. Fried states that "a simple party would seem to satisfy the social needs of most of the law students." He implied that this type of party was rather immature and perhaps better left to undergraduates. While we respect Mr. Fried's individual opinion, we see no necessary reason why law students were somehow "above" enjoyment of a band party with dancing and refreshments. The results of our survey overwhelmingly affirmed our above stated beliefs. In response to the question "is this the type of party you desire", 79% responded YES. We think this clearly indicates the type of party that meets the desires of most of the law students. In conclusion we would once again like to thank Mr. Fried and Miss Stoll for their criticisms which have spurred this committee into reexamination of its role and the desires of the student body in this area of law school life. The affair held on September 24th was the first social affair held this year and we of coursehope to improve on it in the future. The feedback we have received from the students who attended the affair indicates that they had an enjoyable time at the party and would attend similar parties in the future. Suggestions made for improvement will be utilized by the Social Committee in planning and executing future events, in the hope that an even greater majority of the student body's desires will be satisfied. �NOVEMBER 2, 1971 THE OPINION 11 Sports Huddle by Alan Snyder Let there be joy No, Casey has not once come again in Mudviile. to bat, but the Shysters are back. After a humiliating defeat, the team got together and started playing their brand of football, par excellence. a In their last total of 38 two outings they have scored points and have not surrendered a touchdown. With only two league games remaining, the Shysters are almost assured a playoff berth for championship play. Most of all, the young Hockey starts soon! Shysters Bludgeoned by Bureaucracy by Michael Montgomery It was a Wednesday fine bright day on the 20th, a day sufficient to warm even the cockles of an Eagle Street Spartan's heart. The Shysters repaired to the Main Campus to gird their loins for their next combat against a hapless University team, but in view of their vaunted expertise and the needs of patriotism decided to embroil themselves in a pick up game of baseball, the national pastime born in the fertile mind of Abner Doubleday on the bloody fields of Gettysburg. Minor difficulties plague even the finest of minds, and the Shysters were without equipment. Stu Revo wandered into the Gym to garner the necessary appurtenances to engage in sport on the verdant playing fields of Clark. The first people he met kindly directed this stellar sportsman to the Equipment Room. The characters entrusted with such goodies demanded the presentation of a student ID card. Alas, poor Stu was not endowed with such a talisman, and the local representatives did not care that the Law School had not yet received such items. The Shyster representative offered to tender his old ID card, his name address and student number, but all in even his shoes vain as he failed to sway the stony heart of the clerical person defending the student bought equipment from use by their owners. - Imbued with an overwhelming wave of disgust for the petty labyrinthine minds of those who would probably deny statue space for constipated pigeons, Revo made a grand exit. His eagle glance espied a large window half way up from the ground floor adjacent to the forbidding office which had turned a deaf ear to his pleas, he vaulted out in a manner reminiscent of Johnny WeismuUer (unaccompanied by stridualtions, albeit.) Retiring with grace, the Shyster receiver observed approaching Bill Monkarsh, the chief Baseball Coach who had steered the Bulls to an NCAA birth last season. A brief in terchange of greetings established that Monkarsh did indeed recognize Revo. Monkarsh responded to the supplicant's request for a ball and bat with a demand for the necessary but missing card. The Coach's response to Stu's disclaimer of possessing such ? i*" £ B p Crossword N0.3 necessary items was that how would he know who Revo was if he did not have an ID card. Such a pronouncement after previous evidence of cognition seemed an incredible demand on the part of a Blind Bureaucracy. A classic rejoinder was forthcoming, elegant in its denigration if not germane to the offense. "Don't you remember me, you yoyo? I used to beat you at the Racquet Club when I was thirteen." Our only suggestion using . to University Services is that we wear ID our necks like cards around the detested dog tags many of us were forced to wear in what was for most the winter of our discontent. Alternately, we could have a reproduction of said item on our foreheads through the means of tattoos. ANSWERS TO CROSSWORD NO. 2 Is lawyers want another shot at the one team that defeated them. Upon waiting for that time, the team has been having closed practices, watching game films and working on new plays. Playoffs are only around the corner and the team urges all to attend their games. They play at 4:30 on Wednesdays at the playing field near Clark Gym. Even though the Great Pumpkin has not come on the scene, everyone can tell that basketball or hoop season is right around the corner. The Law School has had in the past a very good turnout for basketball. Anyone interested in playing should get his or her team lined up and entered into the campus league. You may sign up in the basement of Clark Gym. The Shysters walked away with that league last year but this is a new season and anything can happen so hurry and get your team signed up. The other league the law school plays in, is the City's Municipal League. This is a (eague of amateur basketball players, mostly made up of past college basketball players. The law school has been in that league now for three years going under the name of 'The Law." During the last three years, "The Law" has won the championship twice, while coming in second the only other time. This year the team will be coached by Dan Holley who starred for the Law two years ago. As a player coach he will bring much talent and experience to the team. Dan Holley takes over for Coach Steve Larson who left his championship squad last year to take the reins of an expansion club in Seattle, Washington. We all want to wish him the best of luck. This year's squad has returning two year veterans Charles Davis, Terry Connors and Alan Snyder. Also back are one year men Richard Clark, Tom Parmelia, Jerry Soloman, John Chancy and Lee Ginsburg. Some new faces are expected to be in training camp this season, one of them being 66" Jeff Thoepple from Georgetown. Anyone interested in trying out should see either Dan Holley or Alan Snyder. Watch this column for practice dates, which should begin soon. How can we write a sports article without mentioning our owner, Ken Joyce. Mr. Joyce has controlling stock in this club and usually has a say in its play. Mr. Joyce, who moonlights by teaching Tax at the Law, can always be found at the Laws games cheering them on to victory. Nr: I'"•XB 7 |a fy'l ACROSS method (abbr.) 6. heat source I. 9. European Museum 14. NYC college 16. French composer Iβ. 17. plant substance soon 18 test one's strength 20. stinkers 22. the seven 23. Smith, et al. 24. brews tea 26. soar 28. payment due 30. latest 34. word or scorn 36 type of cook 38! one type of race 39 stead 41.' killed 43 Gallic name 44 fire 46. slump over 48 author's draft (abbr.) 49! crammed 61. garb 63. Okl«. city 66. place 67. Mid-East inlts. 60. golf items 62. 64. 67. 68. soup New England city wheel hub 69. Louis et 70. maddens 71. Gertrude -- 2 |13. -visual squad Charles 72. Sheep 73. Jane nnwitf wjnn »P'f. certain bilk precipitation '»• 21. act of cutting m W boat 27 IxtelMr 29. lasso (Span.) ** ' 25 l 31. word to Watson 32. without (Pγ.) 33. nautica ropes 34. pant (Scot.) 36. wing (Fr.) 37. convention 40. abet 42 unmusical46. refer to Indian bronze coin resorts 2. Appellation for the AEF 60. expired 6. scull 68. in 69. travelled by car g|. winter sight majesty 63 L 3. reconnoiter 4. Hamilton Bill (slang) 5. handshakers 7. gift to the poor 8. Pullman berth 9- >«"> man 10. thing in law "■ ™™ »"»■>'" *>« for boy or girl 54. name on much farm equipment 56. member of a swimming team 57. Javanese tree 62. nickname 66. hour on a Roman clock 67. French company (abbr). �lJ NOVEMBER 2, THE OPINION 12 BullETiN BoARd ESSAY CONTEST ENVIRONMENTAL LAW The American Bar Foundation announces the eleventh Samuel Pool Weaver Constitutional Law Essay Contest. The subject this year is: "By what The UCLA-Ford Foundation Program in Planning and Environmental Control Law and the American Society of Planning Officials (ASPO) announces the second annual competition to select outstanding law student comments and notes on urban planning, land-use, and environmental law. Money awards are available. Persons or journals interested in competing should forward one reprint copy of the note or comment as soon as possible after publication to each of the following persons: Mr. David G. Heeter, Editor, Land-Use Controls Service, American Society of Planning Officials, 1313 East 60th Street, Chicago, 111. 60637 and Mr. Donald G. Hagman, Professor of Law and Acting Director, Inst, of Gov. and Public Affairs, University of California, Los Angeles, Cal. 90024. means should constitutional questions concerning the allocation of power between Congress and the President be determined?" All necessary instructions and complete information about the number of words, copies, footnotes, and citations may be secured upon request to: Samuel Pool Weaver, Constitutional Law Essay Program, American Bar Foundation, 115 East 60th Street, Chicago, Illinois 60637. one a are are or Any Plaza, offering degree Comparative Gorove, Mississippi Buergenthal. University York, ships Law, membership University Legal Club, Society Fellowships (J.S.D.). (M.Comp.L.) Program Mississippi Center, graduates Mississippi, (LL.M.), Eagle Scholarships society Program Application St., University, year Stephen $7.50. Law, International Thomas from Acience assistance admissions School students Overseas The INTERNATIONAL International New GRADUATE of THE of student and Director American of 38677. interested should Graduate INTERNATIONAL Master recent Law Service AMERICAN Law Law New of law of be York of the PROGRAM should available. made school Laws 77 Graduate 10017. of of LEGAL in SOCIETY W. contact to the International which 866 for School Professor LAW IN and third CENTER United the leads LAW OF Doctor Master for of S.U.N available in Law Nations Law to Prof. and .Y. law the for of is THESAMOCRIETNYOF INTERAOL LAW The American Society Belling of International Law POSTDOCTORAL FELLOWSHIPS is offering student membership in the society for $7.50. Any one interested should contact the S.U.N.Y. International Law Club, 77 W. Eagle St., or Prof. Thomas Buergenthal. LEGAINTR OAC L ENTER Postdoctoral Fellowships in Afro-American, American Indian, Mexican-American Historical, Social and Cultural Studies for 1971-72. Stipend: $10,000, Tenure: Academic Year 1971-72 Write to: National Endowment for the Humanities, Washington, D.C. 20506 Overseas Service Fellowships for third year law students and recent law school graduates are available ABA STUDENT LIASON from International Legal Center, 866 United Nations Plaza, New York, New York 10017. IPRONGAMLDUTE AW The University of Mississippi School of Law is offering a Graduate Program which leads to the degree of Master of Laws (LL.M.), Master of Comparative Law (M.Comp.L.) and Doctor of Acience of Law (J.S.D.). Scholarships and assistanceships are available. Application for admissions should be made to Professor Stephen of the Graduate Program in Law, Gorove, Director Belling School of Law, University of Mississippi, University, Mississippi 38677. BAR EXAMS The Third Annual 1971-1972 Compilation of Bar Examination Questions is available from Institute for Bar Review Study, 1651 Asylum Aye., West Hartford, Connecticut. North Carolina Application for the 1972 Bar Examination for the of North Carolina is now available for distribution. Any interested may write to Mr. B.E. James, Suite 406, Justice Building, Raleigh, North Carolina (Box 25850). State OSGOOD TEACHING FELLOWSHIP Florida The 1972 Florida Bar will be administered Feb. 22 and 23 in Jacksonville, July 25 and 26 in Miami, and Sept. 25 and 26 in the Tampa-St. Petersburg Area. Interested persons may contact Mr. James B.Tippin, Jr. Florida Board of Bar Examiners, Jacksonville, Fla. Pennsylvania An examination for admission to POSITIONS OPEN The American Bar Association has positions oper for Student. Liaisons to certain ABA Sections am Special or Standing Committees. The Sections include: Family Law; Antitrus Law; Insurance; Negligence and Compensation Law International and Comparative Law; Legal Educatio and Admissions to the Bar; Patent, Trademark an Copyright Law; Public Utility Law; and tr Ombudsman Committee of the Administrative La Section. Persons seeking these appointments must b members of that particular Section to be considered The Standing and Special Committees include: Legal Assistance for Servicemen; Legal Aid and Indigent Defendants; and the Special Committee of Housing and Urban Development Law. Students interested in representing law students in one of these positions should write a letter statingthat interest, accompanied by a comprehensive resume of law school activities including special knowledge or expertise in a particular area of law. He or she should not be graduating from law school prior to June, '72. Letters and resumes should be sent to Mr. Raymond E.Tyra, Asst. Director, ABA-LSD, 1155 E. 60th Street, Chicago, 111. 60637. Enquiries and applications are invited for the of Teaching Fellow in the Osgoode Hall Law School Legal Writing and Research Program. This position offers full time teaching experience in one position of the most modern law facilities in the world. The position carries a salary of $8500 for a ten month period commencing July Ist, 1972 and ending April 3 oth, 1973. Adjustments in the date of commencement can be arranged, if necessary. Applications, together with a curriculum vitae the bar of the Supreme Court of Pennsylvania will be held on Feb._ 23 and 24, 1972. Applicants may write State Board' of Law Examiners, David E.Seymour, Secretary, 1422 Chestnut Street, Philadelphia, Pa. 19102. and the names of three referees, should be submitted January Ist, 1972. Later applications can be if the positions remain unfdled. Applications and enquiries can be addressed to: by considered Indiana The State Board of Law Examiners for the State of Indiana has set dates of March 16 and 17, 1972 for holding the next bar examination. Third year law students and graduates interested may write to: State Board of Law Examiners, 323 State House, Professor Brian Bucknall Osgoode Hall Law School York University 4700 Keele Street Downsview 463 Ontario, Canada. Belling New York Practice (continued from page five) obvious disenchantment of students with the lg in important courses. Thus primarily, the Freshmen would excellent base from which they could proceed to acquire the substance aectmfy.t°W> thenar. Some Seniors objected to this latter policy, noting that many suffered from losing professors replaced by inexperienced practitioners in their freshman year, being closed out of courses as Juniors because Seniors have precedence, and now finding that even though they now have precedence, if the computer is programmed correctly, they still cannot get the courses they want because the faculty members who used to teach them are now teaching Freshman, and the new Faculty have little experience in fields such as estate planning, future interests, of New York Procedure. Provost Schwartz terminated the discussion with an examination, somewhat cursory, of the possibility of teaching estate planning next semester. Traditionally offered in the spring, this course is unavailable because Prof. Mugel has been switched to Gratuitous Transfers. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. 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NmYorfc 14302 Volume 12, No. THO E PINION 3 State University of New York at Buffalo School of Law October 14,1971 Morris, Anderson Elected in SBA by John Samuelson Miss Mendola received less than 50% of the votes because of the 12 write-in Malcolm L. Morris has been elected President of the Student Bar Association for the 1971-72 academic year. Elected Secretary was John Anderson. Sally Mendola was chosen Junior Director and Mary Ann Hawco, Reed Cosper, Michael Karger, Aldridge Willis, Larry D. Shapiro, and E. Ross Zimmerman were elected to fill the positions of Freshmen Directors. votes cast. Slate Ticket Six of the candidates for Freshmen Director ran together on the Slate ticket, promising to work together for the betterment of student government. Of these six, five were elected. These were: Mary Ann Hawco, Reed Cosper, Michael Karger, Larry D. Shapiro, and E. Ross Zimmerman. The lone independent candidate elected was Aldridge Willis. TOTALS Mr. Morris won a clear majority over his opponent Linda Cleveland, 208 votes to 133. The results in the race for Secretary were similar with John Anderson polling 205 votes to Buff'y Burk's 139. A very close, race was recorded in the contest for Junior Director with Sally Mendola edging Philip Zanzone 58 to 51 with 12 write-in ballots cast. The totals for the Freshmen races were: Mary Ann Hawco, 91, Reed Cosper, 88, Michael Karger, 80, Aldridge Willis, 79, Larry D. Shapiro, 77, E. Ross Zimmerman, 69, Marty Miller, 62, Jackie Mosher, 62, and Cyrus Kloner, 60. GOOD TURNOUT The election drew a good turnout from t he student body with 412 students voting out of a possible 619. The percentage of students voting for the respective classes were Freshman 77%, Juniors 57%, and Seniors 67%. It was especially interesting to see the S. Mendola M. Hawco Resignations large turnout by the Senior class which is traditionally apathetic toward student elections. in the past. Minority Director PRESIDENTIAL CAMPAIGN Mr. Morris conducted an individual and c ndorsed no other candidates. Miss Cleveland endorsed candidates for each of the other offices and there seemed to be v slight coat-tail effect between her and them. The telling points in the campaign seemed to be a greater familiarity with Mr. Morris among the student body, a regard for his past experience in the S.B.A. as Director and Treasurer, and a tendancy among the predominantly male student body to vote for a male candidate. The size of the vote for Miss Cleveland indicates that this attitude is much less widespread than campaign M. Karger The sucessful candidate for Junior Director, Sally Mendola, will take her place on the Board of Directors despite the fact that she received less than 50% of the votes cast. Election Committee Chairman John Blair announced that there is no provision that any. candidate for the Student Bar Association be elected by a majority of the voles cast in the S.B.A. Constitution. Citing the case concerning the election of Senator James Buckley of New York, Mr. Blair commented that unless a provision is enacted by the S.B.A. for future elections, no candidate will have tv receive more than a plurality of the votes cast. A. Willis R. Cusper The elections for President, Secretary, and Junior Director were necessitated by the resignations of the persons in those offices this fall. Paul Cardon, who was elected last spring, was forced to resign for personal reasons from the President's office. The former Secretary, David Sands, withdrew in order to work full time on the Buffalo Law Review. Robert Wall resigned from the position of Junior Director as he was withdrawing from the law school. Installation page two I Shapiro DedicatonIssue Problem Solver Lochnerftackles Law School's woes Dean Hyman 25 Years of service Law and Medicine New field for law school page five page six page seven Poverty Hill Wilderness area for students Bulletin Board Courses Things we'd like to see? Shyster's Lose Holy Cow! page eight page nine page eleven , The officers and Directors were installed at the Friday, October Bth meeting of the Student Bar Association where the Presidential gaval was handed over to Malcolm Morris from Acting President Mark Farrell. IN THIS ISSUE: President's Corner Word from the top Content We are proud to dedicate this issue of The Opinion to Professor Jacob D. Hyman. Professor Hyman represents to us the spirit of Buffalo Law School and, on this, the twenty-fifth anniversary of his coming to the school, we wish to recognize the tremendous amount of effort and dedication which he has consistantly brought forth in our behalf, be it in the role of Dean, Professor, or advisor. On behalf of the student body, and also for the many students who have passed before us, we say simply, thank you. Professor Hyman. E. Zimmerman �Editorial Let's Get To Work I wish to thank all the students who voted in the recent election, and to especially thank those who contributed to my victory at the polls. Unfortunately, the joy from this victory was marred by an extremely disgruntling fact. The fact is that only three hundred, eighty-six (386) students (approximately 62 percent of the student body)' turned out to vote. 1 was particularly upset that only 55% of the junior class participated, despite the fact that one seat on the Board of Directors of their class was up for election. It distresses me, and I am sure many other students, that out of a class of two hundred, thirty-three (233) students a total of only fifty-eight (58) votes enabled a candidate to win the seat. It is also disheartening to see one third (1/3) of the freshmen class fail to vote, showing a total lack of interest in their student government without even giving it a chance. Perhaps the only cheerful note in re the turnout was the surprisingly high number of seniors that came to the polls. I commend these seniors who showed that they still had an interest and helped quash the adage that a "senior class is an apathetic class." However, it would be frivolous to spend the remainder of the year dwelling upon these Frosh Glass Profile the number of students has more than tripled to a record high this year of 611. Registrar Charles Wallin reports. Vol. 12, No. 3 Editor-in-Chief- John R. Saniuckon Assistant Editor Vacant Managing Editor George Riedel -Photography Editor - Samuel Fried INCREASE IN CREDENTIALS This year's freshmen class of 203 reflects a sharp increase the in entrance requirements result of competition among more and more undergraduates. With about 1,700 applicants for places in the class of '74, the median LSAT rose 15 points in the space of just one year from 590 to 605. The Grade Point Average rose, too, from 2.17 (on a 3.0 scale) to - - Article Editor Mike Montgomery Feature Editor Vacant - — Production Manager Vacant Business Manager Vacant about 2.50. - Staff Writers Otto Matsch, Jeff Spencer, Rosalie Stoll, David Schubel. Columnists Otto Matsch, Jeff Spencer. Stuart Revo, Mark Lillenstein, William C. Lobbins, Larry Schapiro Contributors Samuel Fried, Chris Belling, Gary Masline Photographers - yourself. Since 1961, October 14, 1971 News Editor Vacant S.B.A. Editor Vacant numbers. Rather, now is the time to commence action, to demonstrate to those who doubt, to the challenges move forward and grapple with that lie ahead. I realize that my administration problems. of all I do not solve our will not think that they could be solved in any one light administration. of this, by any In one year gear my administration to the 1 expect toresolvance of of some the more immediate pressing problems. Hopefully, at the same time we will be implanting the seeds that over the next few terms will blossom into the answers to our problems. I feel it imperative to state that the mere act 'of voting does not end a student's responsibility to the S.B.A. Rather, he/she should actively participate in our government processes and have his/her viewpoint heard. It is not for the President and the Board of Directors to think for the student, it is only for us to propagate the programs that you, the student, desire. I, therefore, cordially invite all students to attend the S.B.A. meetings to express to the governing body the things that you want accomplished. I will do my best, as promised in my campaign, to help you, but I also urge that you take an active part so that you can help New Students OPINION - 1971 Presidnt'Corner by Malcolm L. Morris Now that the new officers and Directors of the Student Bar Association have taken their seats, and the confusion and emotionalism of the election campaign is over, the time has come to come to grips with the problems, both old and new, facing the student body. It is of the utmost urgency that action be taken in many areas immediately. The list of these areas is long and awesome. At the top of the list of concerns is the problem of student-faculty/ administration relations. For far too long student needs and problems have been entrusted almost solely to the "benevolent" decision-makers in Prudential and Albany. The sad results of such a policy are obvious in many areas, including placement, course offerings, facilities, teacher-student ratios, teaching quality, and many others. The time has come when the Student Bar Association must truly act as an effective advocate for the students it represents. To this end, the foremost aim of the new body must be to establish its credibility as a functioning and responsible student government. Only then can the problems which each of us face in this school everyday, and also those which follow us after graduation, be resolved. We will have no one to blame but ourselves, if we shirk our responsibilities today, when we complain tomorrow about the same old problems. The tool is there. We must carefully but swiftly forge it into the effective body it was meant to be. The time for action is now. TBE October 14, THE OPINION 2 -- The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202.The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid o.ass postage entered at Buffalo, New York. WOMEN AND MINORITY STUDENTS Both more women and more minority students are enrolled this year than ever before. While there are only 6 minority seniors, there are 29 juniors and 36 freshmen. Likewise, 63 women in the law school (7, 21, and 35) compromise almost 13 times the 66-67 female enrollment. There are 10 returning deferred vets and 2 National G ii a rd smen, as well as 14 students returning after a leave of absence and four transfer students. They will fill in spaces vacated by the 24 ju n iors and 6 seniors who didn't return this year. MOST FROM W.N.Y. Most students at the school reside in the Western New York area. In the senior class, out of 188 students, 150 are from W.N.Y., 34 from NfY.S. and only 4 out of state. In the 220 member junior class, the figures are, respectively, 177, 3 8 and 11; for the freshmen, 137, 59, and 7. SUNY/Buffalo largest is still the undergrad school its contribution has been declining; 72 members of the senior class are U.B. grads, 49 juniors, and only 43 frosh. Other W.N.Y. schools are represented in the freshman class by 9 Canisius grads, 3 Niagara grads, and one each from Buff. State, Rosarry Hill, and D'Youville. The rise in quality of each recent entering freshman class indicates a potential for excellence both here at the law school and in the entire represented, although legal profession. RiGHT ON! by FCC MAKES STRANGE BEDFELLOWS Walter Cronkite is one of those characters that other liberals are always patterning themselves after in their ambitious moments. Old Wally is as slick as an eel, as urbane as Cary Grant, as polished as the great reflector at Mount Palomar. His delivery is so cool, so confident, so authoritative that when he finishes off the day's events with "And that's the way it is," the viewer knows deep down in his guts that that is indeed the way it is, no matter what Spiro Agnew says. Old Wally keeps his liberal credentials in order. He regularly denounces anyone who hints that the press is doing a poor job as an incipient McCarthyite, hobnobs with all the radical chic nabobs, puffs his pipe in the approved professorial manner, and cocks his eyebrows at all the right moments when announcing the news about OTTO MATSCH which nasty ol' barbarian has done what to whom, as when, for example, Lyndon Johnson demonstrated the Herculean tensile strength of his beagles' ears for his press corps cronies. Of course he does more than just newscast. He is also one of the leaders of his profession, constantly in the forefront of progressive ness and journalistic excellence. All of which is why the liberal community was shocked right down to its manicured and lacquered toenails when Old Wally emerged the other day from the fever swamps of Phiiistia wherein dwell all things evil, namely William F. Buckley, Barry Goldwater, Ayn Rand, Milton Friedman, Ming the Merciless and all other denizens to the right of that infidel, Castro, and declared his allegiance with said Philistines. Old Wally was testifying before Senator Ervin's committee, which is investigating the state of freedom of the press in America. Wally committed the arch sin of a federal regulatory agency liberalism by opining that should be crushed. "intimidation and harrassment" For years and years, ever since the atrocities of the New Deal beset the Republic, one of the cardinal tenets of liberalism is that the public has to be protected against everything from milk in gallon jars to avaricious advertising, and the way to accomplish this is to set up federal regulatory agencies to terrorize, harrass and persecute all offenders, possible offenders and would-be offenders of some undefined and undefineable public interest. And for years and years we Philistines have denounced this obnoxious and fascistic practice of the feds to interfere with the normal flow of life in America. The objections have continued on page 10 �October 14. 1971 THE OPINION 3 Letters To The Editor Disorderly Conduct To the Editor: Is a 19 year old girl in the midst of a crowd of people guilty of disorderly conduct merely for saying "you fuckers" when policemen coverge upon that crowd without warning, swinging clubs and beating people? This question was faced by UB law school alumni Norm Effman in City Court, Part 11, before Judge Theodore Kasler. Mary Marino, a UB student, arrested at the Sept. 13 Lafayette Square incident protesting the Attica situation, was found guilty under two counts of N. Y. Penal Code Sec. 240.20: (1) and (3): "A person is guilty of disorderly conduct when, with intent to cause inconvenience, annoyance, or alarm, or recklessly creating a risk thereof: (1) He engages in fighting or in violent, tumultuous or threatening behavior and (3) In a public place, he uses abusive or obscene language, or makes an obscene gesture." Mrs. Marino's defense was that her statement was an emotional reaction to the situation rather than an intentional action to breach the peace; the crowd was never warned to disperse and their actions were public unexpected. After her comment, a policeman replied, *i don't have to take that", and Mrs. Marino was thrown onto the monument repeatedly and beaten about the body by four or five policemen. Her husband, Charles, a steelworker, trying to protect her, was also attacked by the police. He was charged too with disorderly conduct but was acquitted by Judge Kasler. The Judge re fused Mrs. Marino's attorney's motions for an hour adjournment to- produce TV newsfilm of the incident. Also an adjournment was refused to allow for the appearance of a legal observer who was at Attica on the day of theMarino's trials who had observed the Marino*s at the monument. In finding Mrs. Marino guilty and fining her $150, Judge Kasler noted that there were more important things for people to demonstrate for than prisoners , rights. L. E. Pinkham Education of Otto Matsch To the Editor After writing a letter to the Editor concerning the first Right On! column, I decided to remain silent and allow the pen of Otto Matsch to perform whatever perverse acts or unnatural practices it chose upon the news of the day. But in resonse to a letter from Mr. Matsch 1 have written this article. [At this point, his motivation in writing to me isn't very clear; I'm not sure whether he's seeking enlightenment or a clear copy of my fingerprints to mail to the FBI]. However, to write two pages [as he asks] on why we should admit Red China to the UN would do nothing but provide a cure for the most chronic of insomniacs; even the editors of the Opinion would stop reading the paper. I don't want to upset Otto, but he may be the only person in Buffalo who still thinks this is a controversial subject. It should suffice to say that the UN should not be limited to our allies it is not NATO [I'm not even sure we're on speaking terms with all of them). How can the UN be an effective international organization without China one of the largest and most heavily populated nations in the world? If Otto is suggesting some kind of moral standards for admission, I don't think the foreign or domestic policies of the United States merit our casting any stones. Otto claims in his letter that his views are h v man itarian and yet, the fact that the U.S. communicates with Moscow bothers him much more than the fact that we're murdering people in Vietnam to support a repressive regime. [I didn't think we had much choice in our last presidential election, but theirs was something else. Having an election with one candidate certainly eliminates a lot of problems. I mean, who's going to ask for- a recount? Under that kind of political system elections become vestigial in nature like an appendix that no longer serves a function or a religious ritual that we continue to observe, although the words have become foreign and the meaning of the customs forgotten]. His arguments lack compassion because he is interested in fighting Communism wherever he finds it, rather than injustice. If we should, as Otto advocates, sever relations with the Soviet Union, why not break off relations as well with Greece, Spain, South Africa or Taiwan? (Personally, I've severed relations with Albany]. Although Otto's first column was written before Attica, there is no excuse for his second article. His account of the death of George Jackson at the hands of the "infamous National Lawyers Guild" is as "paranoicaUy plotted as a Philip K. Dick science fiction story (without the high literary quality of - - - Dick's workI. I was going to write that Matsch's twisted reasoning is less worthy of political analysis than psychoanalysis, but everyone said that's too nasty; so I'm leaving it out. Does he really believe that the Movement would want to kill off Jackson, one of its most brilliant and persuasive spokesmen, to be a "perfect symbol of political and racial oppression?" No minority or revolutionary group has to create martyrs in America; our political system supplies them in quantity. They're part of our Gross National Product. And did the revolt at Attica begin because of "years of repetitious harping (by the NLG and Black Panthers about political oppression, genocide and racism" or because of years of being subjugated to "political oppression, genocide and Matsch concludes his analysis by pointing out a model prison in France where the prisoners racism?" staged a riot. If prisoners are given private cells with and cold running water, access to newspapers and magazines, and are shown the latest films and still revolt, then obviously, Matsch seems to be saying, hot criminals are an ungrateful lot and the less done for them the better. This is a corollary of the argument that poor people are given welfare checks and food stamps and they're still not happy. Possibly, this indicates that there are intangible human needs too subtle for Otto to appreciate. In one of his last poems, Theodore Roethke wrote, "Running from God's the longest race of all." Well, running from reason is also a long and arduous race. Take some time off, Otto, and think about what you're writing. The ills of the world are not going to be solved by ill-humor. As each of us "turns to face [ that] oncoming snow," we want to leave behind more than a few venomous words. Barry Bussis of malarkey. Usually, the SBA is as independent as student support will allow it. The point is not to get a lot of free minds on the Board of directors, although such goal is desirable, but rather to get the student body to come to the SBA with their problems, rather than sit in the basement and complain during a rousing game of pinochle, and support the SBA in remedial action. The SBA can only be a useful and independent means of problem solving if the people who have problems let them be known and then become part of the solution through active support. If you want a decent graduation speaker, it is a prime requisite that you let someone know who you want, and then work with the Graduation Committee to get him, irrespective of opposition from any quarter. If you want a decent placement office, get your friends together, along with the SBA, and scream bloody murder until somebody listens and then push harder. The Administration, whats left of it after the summer decimation, is not out to get you they too need a little help in finding out what is going on in this looney bin. If someone is hassling you about what you ay or think about a problem, be it registration, course availability, or the quality of teaching and education which is our prime concern, let the Student Government know about it and help them solve your problem. This is not the best of all worlds, or ever likely to be, but there is no point wandering around, like Candide, and letting the guys in black hats kick you in the tail, whoever they happen to be. Getting good people elected is important, but to stop at that is an egregious error work with the Directors in whatever field concerns you. - - - Mike Montgomery Senior SBA Director Hague Academy Beer Blast Bash To the Editor In the article entitled The Hague Academy in the Sept. 30, 1971 edition of the Opinion, some pertinent information was omitted. In particular, I would like it to be known that my summer study at the Hague was in conjunction with the summer program at the International Institute of Human Rights at Strasbourg, France. The latter course has been attended by SUNY Buffalo Law School, students for the past two years through the efforts of Professor Buergenthal. Due to his assistance, lasting relationships have been established at the Hague and Strasbourg, which will be available to law school students in the future. In particular, a financial grant in the name of the SUNY Buffalo School of Law has been made to the International Institute of Human Rights. The 'Institute", in turn, has waived the tuition fee for our law school students, now and in the future. Such directed energies as described above will provide a foundation for overseas educational links. These ties will serve not only to accomodate the academic pursuits of present and future U.H. law students, but also will cement into permanence the relationships between the SUNY at Buffalo School of Law and foreign academic institutions of higher learning. I urge all those who might be interested to take advantage of our school's unique Internationa] Legal Studies opportunities. As spokesman for the others who attended this past summer's courses at the H ague and Strasbourg, I would like to thank Professor Buergenthal and the International Legal Studies Committee for the assistance given us in making our summer of study a reality. Eugene Haber To the Editor: Sept. 24, 1 attended the "2nd Annual On Friday, , Barristers Beer Blast Bash". For fear of this event becoming a tradition, I feel I must comment, both negatively and positively, about the conduct of the Affair. First of all, the SBA's actions in "encouraging" or "obtaining" women to come to the "Bash" fell Student Bar Association To The Editor The sound and the fury of another SBA election again engulfs us like the tidal wave from coruscating Krakatoa more or less. By the time this missive is printed it will be all over and we can go back to in sleep again for awhile. Multiple poster technicolor yet and plural handouts from the many office seekers. The Radical Apathy Party, true to its traditions, held a nominating convention whose only attendent was a white-haired old lady in running shoes who was looking for Rhadamanthus yon Berolfingen, professor of Defenestration at Prague. The motto: if nominated we will not run, if elected we will not serve. Observe the flaming issues, chanted from the rooftops in the manner of Roland's heroic - - - - ride from Aix to Ghent or something. 5 cent coffee is a terrific idea, but what vending machine concessionaire is going to keep his machines in a place which offers so limited return. The same old story is trotted out about returning student government to relevance, and preventing its devolution into a lackey of the faculty. That is a lot nothing short of procurement. The signs advertising the event were designed to be placed in various colleges around the city to entice college girls into attending. Thus intent points up a revealing degree of weakness on the part of the SBA Social Committee. Why not advertise in men's fraternity houses, too, so that women law students can get to "meet" other interesting fellows? Or do the members of the SBA social committee consider themselves sufficient for the women here? In fact, the designers were apparently so engrossed with their coming masculine roles that they made several errors of judgement on their advertisement. In bold letters, Ladies were invited free but the social committee wanted to charge "other" gentlemen (not law students) an entrance fee, until it was pointed out that this would prevent women law students from attending with accompaniment without paying. This error was corrected. In their fervor, the designers also neglected to point out that, in general, all law students would be admitted free. This too was corrected, when the SBA realized they were also supposed to represent the interests of other law students who had no concern with ladies being admitted free. Secondly, the entire affair was conducted with incredible poor taste and immaturity. Why have a "Barristers' Beer Blast Bash," except to attract college women and to flout your own ego? Why not a "Law School Party (or variations), beer being served and all invited" without ganging up signs at other schools. Aren't the men here capable of meeting girls or getting dates on their own? And I didn't notice anyone "blasting" or "bashing", so I can only assume that the purpose of the title is for its attraction capabilities and to return us to the days when we were college freshmen. Now for my positive assertions. As I have already stated, a simple party would seem to satisfy the social needs of most of the law students. If the intent is to meet or "pick up" girls, well then, 1 suggest that this "fraternity-type" idea be run by the fraternity on their own funds for their own devious purposes. Special interests should not be allowed to control disbursement of student funds. There is a definite question of conflict of interests that I feel should be investigated and resolved concerning the SBA and other organizations at the Law School. What more can be said. The party could have been run in good taste and quite pleasantly without the above conditions at the same cost to the students. There is no need or reason for this type of disgusting and disgraceful behavior to continue. Samuel C. Fried �October 14, 1971 THE OPINION 4 S B A by October 8 Mike Montgomery New Officers, Same Old Problems The October 8 meeting of the SBA was ushered in by the passing of the from Acting President Mark Farrell to the newly elected chief officer, senior Malcolm Morris. President Morris then introduced to the body the new incumbents for the office of Secretary, Junior Director, and six Freshmen Directors (reported elsewhere). Mr. Farrell was thanked for his interim performance by Morris to the accompaniment of sparse applause. gavel FACULTY STUDENT COMMITTEES Mike Berger attended the meeting of the Faculty Committee on Committees last Wednesday the 6th, presided over by Prof. Atleson and composed of Professors Davidson. Joyce, Greiner, and Schwartz. At this meeting Mr. Berger noted that while Faculty concerns were met and dealt with, there was no consideration of student input or concern on the joint faculty-student committees. He proposed a delineation of areas of student jurisdiction on these from within the FSRB. A proposal for joint faculty-student co-chairman was never acted upon. This year. Prof. Homburger proposed three and three representation, but there were four faculty appointees: Profs Homburger, Katz, Reis, and Kelley. Judy Kampf proposed that four students be sent to that committee to ascertain faculty reaction. Since only three students were elected as FSRB reps. last year, Jay Bielat suggested that the SBA send the person who placed 4th in total votes in last year's election, or in the alternative hold an election for the additional representative. Sally Mendola made a timely interjection to the effect that it would be best to hold an election, rather than freeze Freshmen out of choosing a new representative rather than choose last year's fourth place candidate. A motion by Lee Ginsburg to hold an election for a fourth FSRB Representative was passed by the body. Since the present Election Committee of John Blair and Richard Weinberg has resigned, the appointment of new members for those positions will be considered at the next meeting. POOR LIAISON It was noted by Mr. Berger that while it was agreed upon by the Administration that a member of the faculty, specifically Ass't. Dean Lochner, would attend all SBA meetings in order to promote some mutual understanding of what is going on, (a definite necessity in view of the registration fiasco and controversy over curriculum offerings, cd.), a faculty member has yet to attend any meeting of the SBA this semester. committees, and greater student re presentat ion. This proposal was considered a waste of time by the committee chairman, with some resulting acrimony. It was proposed to take student grievances to the Faculty Student Relations Board. In discussing that body, a number of Directors pointed that there was considerable confusion on the proportion of student re presentation thereon. Gene Coffin observed that there had been four members from each side last year, but that the chairman had been appointed by Dean Angus rather than elected out APPOINTMENTS COMMITTEE Professor Goldstein of the joint faculty-student Committee on Appointments has requested the election of student members in view of the proximity of meetings of that C om m it tee. The President proposed that Marge Haggerty and 1 freshman be appointed to that Committee. Director Greenberg pointed out that he and Bob Wall (since resigned) had already been appointed to that body. After a discussion on the desirability of having a Freshman or Junior on that Committee for continuity sake, Director Montgomery's motion to appoint Mrs. Haggerty was defeated , and a search for an appropriate underclass member was directed by President Morris. BUDGET HEARINGS Treasurer Weinberg announced that the first budget hearings will be held on Saturday Oct. 9 between 10:30 and 12:00 p.m. at Eagle Street. The two Freshmen Directors elected to that Committee were Mary Ann Hawco and E. Ross Zimmerman. The Saturday hearings will deal with the Opinion, the Graduation Committee, BALSA, and the 1n ternational Student Relations Committee. VISITING BELGIAN STUDENTS George Reidel of the International Legal Studies Committee announced thai 23 Belgian Law Students will be visiting our Law School between the 16th and 24th of November. He requested help from the SBA and the Student Body at large in obtaining housing for visitors, preparing a reception for them (Belgian Beer and Brussels Sprouts?) and in the preparation of activities for these travelers to participate in. They have already expressed interest in attending our classes, local courts, and a symposium dealing with such topics as Viet Nam, My Lai, and possibly Attica. Mr. Reidel also announced the preparations for the foundation of a new student organization, the International Law Club. Its activities will include moot court competition, symposia, and an international studies abroad program. This new club will need money. It also will seek support for course credit for participation in the summer school abroad program. PROPOSAL FOR THE EVALUATION OF PROFESSORS Gene Goffin re-presented his motion, tabled at the last meeting, for a three member SBA committee to supervise the evaluation of faculty members for competence and teaching ability. The subjects for such a study would be new professors, faculty members up for tenure, and any faculty member where the SBA finds good cause for such evaluation. Each subject would be examined by a three member team of evaluators whose written report to the body would be submitted to the SBA. A motion by Lee Ginsburg was passed to delete from this proposal the requirement that the evaluators have some formal teaching experience. It was the feeling of a good part of the body that most Law Students have sufficient expertise to be qualified to judge the teaching ability of a faculty member. Judy Kampf noted that the general surveys previously used never seemed to end up in visible results, and suggested that the SBA evaluation be done in conjunction with the faculty evaluation. Director Mendola questioned the viability of this proposal because there was little way to get the faculty to listen to complaints. Mr. Montgomery pointed to the FSRB as the logical forum to air the results of any examination. The motion was passed. , STUDENT JUDICIARY PROPOSAL The proposal for a revamping of the student judiciary system presently under consideration on the main campus was tabled until copies can be made available to the Directors in order that they can inform themselves as to its content. NEW YORK PRACTICE PETITION Lee Ginsburg announced that the petition that Professor Homburger offer the course in New York Practice during this spring semester, open to all seniors (approved at the preceeding SBA meeting) had been signed by 119 out of the 189 Senior Class members. This petition is to be presented to Assoc. Provost Greiner for action by the administration we hope. If acted upon, this could establish a useful! precedent for succeeding classes in getting courses they feel to be vital for their professional development. — October 1 SUB BOARD Money and Teacher Evaluations Examined The 1 October meeting of the SBA commenced with a presentation by Scott Schlesinger, the Treasurer of SUB BOARD I dealing with the bureaucratic mess set up by the Chancellor of the State System for the disbursement of student organizations' money. As well as I could make out from the weird procedure delineated by Mr. Schlesinger, the president and treasurer (who must be bonded) must sign a voucher for disbursements of over 525.00, which goes to the Main Campus for approval by an Administrative Designee (the Office of Student Affairs) (?), whereafter SUB Board I would issue a check upon proof of payment. Or something. Apparently the Chancellor has left it to the discretion of each unit president to be loose or strict in following these procedures, and President Ketter has chosen to be strict, promulgating new procedures with every passing day. Apparently, if the Law School wants to be its own disbursing agent we need Administrative approval, in order to have a faculty member as disbursing agent, advisable from the point of view of permanence (the SBA Treasurer being another possibility) he would have to be incorporated and bonded, and it would be necessary to hire a bookkeeper. If Sub Board was chosen as the disbursing agent, they would do all the dirty work and send out checks and/or cash as required. The presentation was ended leaving some Directors, my self included, feeling rather bemused. STUDENT JUDICIARY PROPOSALS proposal for revamping of the Student Judiciary system was presented to the body, accompanied by enabling legislation. Much of the proposals appeared to be couched in language which was rather sloppy, which matched the thought behind some of A the provisions. It was decided to make available to the Directors for discussion on the proposal at the next copies meeting. SBA BUDGETS AND COMMITTEE APPOINTMENTS Treasurer Weinberg reported that he is preparing copies of the proposed organizational budgets with a tentative schedule for" implementation, to be given out to each member of the budget committee after Freshmen representatives have been elected. As of this meeting the following budgets had not been presented: Social Committee, Graduation Committee, Sports Committee and the International Relations Committee. In regard to the various faculty-student committees, it was noted that while no faculty members had been appointed, the faculty wanted SBA representation anyway. Since the faculty is apparently unready at this time, it was decided to postpone appointments until after Freshmen elections. QUALITY OF TEACHING John Blair ushered in what was undoubtedly the touchiest topic of the mcc t ing, best described as student concern over the quality of teaching at the school and the best means of providing some sort of student input and quaisi-supervision thereof. Blair's inquiry was instituted at the request of a number of freshmen concerned over what they were getting in their first semester at Law School. To a large measure the discussion degenerated into a general argument about grading professors, and the criteria for and student competence involved in judging faculty. It was suggested to set up a three member committee to act as observors for 1) New Professors, 2) Professors up for tenure, 3) Anybody about whom there is a considered and valid concern, perhaps to be coupled with the Student Evaluation forms. Discussion on this topic was tabled for the next meeting. �October 14, 1971 THE OPINION Associate I>a n 5 Lochner Strives to Meet Problems of Law School by Rosalie Stoll With the appointment of Dr. Philip R. Lochner, Jr. as Associate Dean this year, an opportunity has arisen for the implementation of many badly-needed programs. DeanLochner, a graduate of Yale Law School, received his PhD from Standord. A member of the New York bar, Dr. Lochner has served as consultant with the National Academy of Sciences on the Computer and Privacy Project. He brings to his position a deep interest in both the law and social sciences. Working closely with Dean Schwartz and Asst. Provost Greiner, Assoc. Dean Lochner hopes to rectify many of the problems faced by students. to establish a greater communication with alumni, perhaps through the publication of a newsletter. In this way, the school can get to know and understand alumni problems and explain our policies. The law school may also be able to provide a non-credit continuing legal education program for alumni which would also be a method of increasing our revenue. Alumni could also be served through a full time placement officer. The biggest problem the law school faces is that of conflicts arising from priorities and how a limited budget should be expended. Teaching In addition to his administrative duties, Dean Lochner also is teaching a seminar in Law and Social Science. Having practiced law, Dean Lochner is aware of the importance social science is playing in the courtroom, as well as in non-legal roles filled by attorneys serving on school boards and in the legislature. In the spring, Dr. Lochner will teach Corportaions i conjunction with Professor Fleming. His aim there will be to make the course as practical as possible and to familiarize students with the vast range of problems in the corporate field. The law school has a great need for viable ideas and hopefully Dr. Lochner will help to alleviate present unpleasant conditions. Finance Already Dr. Lochner has worked closely with establishing a financial counseling office for students, manned by John Dick. He is currently working with the Court of Appeals on certification problems facing certain past graduates. One of the greatest problems currently facing the law school is its lack of adequate placement services. Dean Lochner feels that we must have a full-lime placement officer. With the current Albany job freeze, though, there is an unfilled budget position which could be made available for such an official and no one has been hired. Alumni Relations Another area of concern to Dean Lochner is that of alumni relations. He feels we must be able Minority Students Win Awards by William C. Lobbins Two 1971 minority law students from the SUNY at Buffalo Law School have been awarded two nationally-acclaimed awards totalling $20,000, in the Reginald Heber Smith Community Lawyer Fellowship Program and the Ford Foundation Urban Law Fellowship Program, respectively. They are Mr. Jean Traylor, Jr. 189 Hamlin Park Rd. and Miss Florence Burton formerly of 27 Collins Walk, Buffalo. Mr. Traylor is presently a fellow at a San Francisco Community Law office. The Smith Fellowship Program, begun in 1967, offers recent law school graduates and young attorneys a year of service and training in one of the more than 265 Office of Equal Opportunity, (OEO) affiliated law offices throughout the United States. The Program, sponsored by OEO's Office of Legal Services, seeks Fellows from minority racial and ethnic backgrounds similar to those of communities served by Legal Services offices. One attractive feature about the Program is that it allows the Fellows to choose the city wherein they desire to intern. Each Fellow has complete freedom to work in that area of poverty law he expresses an interest. As such, he sets his own priorities and sels individual goals he expects to attain. During the Fellowship year. Fellows will be paid a salary based on an annual rate expected to range from at least $9,600 to $13,500 depending largely on experience and background. In exceptional cases, the limit on maximum salary may be waived. Mr. Michael A. O'Connor, Esq., a 1970 Fellow assigned to the Swan Street Neighborhood Law Office in Buffalo, has announced that there will be a meeting for all UB law students interested in the Fellowship Program at 3:30 p.m., Wednesday, Oct. 3020 in Room 110. Mr. O'Connor stated Mr. Traylor "was one of 200 persons accepted as Fellows in the 1971 Program. Mr. O'Connor noted that of the 200 fellows over 140 were minority group persons. Of the 12 American Indians graduating from the nation's law schools in June, 1971, six had been accepted as Reginald Heber Smith Fellows. Admission to the bar is not required for consideration, but Fellows will ordinarily be expected to qualify for admission in the State of their assignment. Miss Florence Burton is presently attending Yale Law School as a Ford Urban Law Fellow in New Haven, Conn. Miss Burton was one of nine nationally selected persons to pursue a year-long program of study and research concerning legal and related problems of the urban environment leading to the L.L.M. degree in Urban Law. The Fellowship Program is designed to provide law teachers or prospective law teachers an opportunity to undertake an intensive study of urban legal problems. Fellows are expected to receive between $8,000 and $10,000 in stipends in addition to a tuition waiver. The Urban Law Fellowship Program will include clinical experience by participating in public or private department or agency programs which handle urban problems and attending seminars conducted by leading authorities in the field of Urban Law. Those interested in the Ford Urban Law Fellowship Program should submit all inquiries and requests for applications to: Graduate Legal Studies, School of Law Constitution Can a Constitutional Convention be Limited? that by Larry Schapiro The political voices of northern big-city mayors and southern governors often are not in harmony. Yet, the question of a national revenue sharing program has indeed made them political bed-fellows of a sort. Rising costs and increased demands on our state and local governments have made them cast envious eyes on the huge sums drawn into the federal treasury. Their conclusion is that a thirty-two of the thirty-four state legislatures had adopted a resolution directed at Congress. The objective of the resolution necessary was to permit states which had bicameral legislature to maintain one house apportioned on factors other a than population. In the alternative, in the event that Congress did not submit such a proposal to the states in the are questions which Pollack of Yale Law School described as going "to the heart of our constitutional These Louis processes." 11 is convention, subject or to rewrite feasible that a not confined to a subjects, may seek the entire United States Constitution. The course of the Conveution of 1787 which made proposals wholly — superseding the existing Articles of Confederation does not offer much ground for concluding that it is an easy matter to confine a rather - Columbia University New York, N.Y. 10027 revenue sharing must be passed by Congress. If Congress refuses to do this, many say the states extensive program must turn to that part of Article V of the U.S. Constitution which has never before been used. That is, the section which makes provision that whenever two-thirds of the state legislatures shall apply to the Congress, Congress shall call a convention for proposing when amendments ratified by legislatures or conventions in three-fourths of the states, shall be valid as amendments of the Constitution. In fact, in March of 1967, the New York Times reported form of an amendment, then it requested Congress to call a constitutional convention. The never received af f irmation from legislatures thirty-three and thirty-four. But should thirty-four state legislatures ever make a similar re 11vest, Congress would be faced with the questions whether and how to call a constitutional convention into being, together with the further question whether the agenda of a constitutional convention can be confined to t he topic proposed by the proposal state legislatures to Congress. . constitutional convention to a limited agenda. Foreseeing such a crisis d eveloping, Senator Sam J Ervin has in the past introduced legislative proposals to regulate a constitutional convention. An evident failing or his proposals is that it assumes Congress can limit the proceedings to the topic of the resolution presented by the state legislatures to which Congress is responding. Many constitutional authorities believe that this cannot be done. Some believe, as does Arthur J. Freund, that these unanswered questions "might well develop into the most important constitutional crisis of our era." �October 14, THE OPINION 6 Dean Jacob P. Hvman TwENTy-FivE YEARs oF by David Schubel Twenty-five years ago Jacob D. Hyman decided to forego the benefits of practicing law for those of teaching it. Fortunately, Mr. Hyman decided to launch his academic career at the Buffalo Law School, and even more beneficially, he chose to remain here. Like many excellent teachers, Mr. Hyman did not plan to become a professor. Following his graduation from Harvard, he joined a medium sized, general practice firm in New York City, and at the outbreak of World War 11, Mr. Hyman went to Washington to work for the Office of Price Administration. It was there that he began to consider teaching. At the OPA, Mr. Hyman worked with what he termed "an extraordinary group of law professors. "If that's what lav. schools were full of, that is where 1 wanted to be," Mr. Hyman reflected. When he came to Buffalo in 1946, "the law school was small, but exceedingly good in light of its resources," Mr. Hyman stated. Even though it was locally oriented, Francis M. Shea, during his years as Dean, had been able to staff it with a group of distinguished scholars, including Mark DeWolfe Howe, David Riesman Jr. and Louis Jaffe. These men non-Buffalonian in their backgrounds and training; unßuffalonian perhaps in their philosophy had created a - On May I, 1953, Mr. Hyman was appointed Dean. In his initial report to the Chancellor, the new Dean stated his objectives and program, "an educational experience ... to train lawyers not only to solve client problems but also to contribute toward the solution of the larger problems of the pursuit of truth society itself. . 'This was not a new path for the school, though," Mr. Hyman said. "It was merely the continuation of what Shea and his fellow Harvard men had begun nearly twenty years before me." Once again, Mr. Hyman noted the quality "of the school's endeavor as compared with its meager resources then. When asked whether he missed teaching upon assumption of the deanship, Mr. Hyman smiled broadly. "We were such a small school that I had to go on teaching one or two courses. There were lew specialized committees, because the size of the faculty allowed us to function as a committee of the whole." Professor Hyman expanded on what his conception of the pursuit of trulh exactly emails. That objective reflects a desire that "pure scholarship should be carried on in law school. Not only must the legal system itself be examined, but the nature of the legal system in society and the soundness of the postulates of the society on which Reunion of the Deans at the 75 th Anniversary of Buffalo Law School. From left: Mark DeWolfe Howe, Philip M. Halpern. ■Jacob D. Hyman, Francis M. Shea, Louis L. Jaffe. refreshing, Harvard-like, intellectual it works." Mr. Hyman noted that this atmosphere by 1946, Mr. Hyman was a continuing concern and goal of indicated. his. With Philip Halpern as Dean, What sort of admissions process supported by Louis Jaffe as Assistant should law schools have to find Dean, Mr. Hyman's first year was suitable candidates for that pursuit? exciting. "Though the the student body Mr. Hyman replied puckishly, that was overwhelmingly local," Mr. Hyman "idealy. a class of Leonardo DaVinci's remembers, "the staff was far from would be best. "Realistically," he provincial." continued, "there are no empirical tests which sift out the best qualified Teaching at the law school in 1946 was physically as well as intellectually student." taxing. During Mr. Hyman's first year, However, he did outline some basic there were only five other full-time areas of importance, "Certainly a percent student must be able to master the professors. Inasmuch as eighty of the course work was required, close technical requirements, have un interest contact between the faculty and the in dealing with people, should have a student body was insured. concern with society at large because Then, as now, Mr. Hyman reflected, what a lawyer does directly affects the faculty was very aware of the society." "Moreover, the student of law must school's potential, constantly working against the problem of inadequate have an intellectual flexibility and resources to improve it. "For example, creativity which can cope with and Louis Jaffe, as Dean in the late '40's, comprehend new technologies and insisted that the present Eagle Street social patterns." Mr. Hyman stresses that such a flexibility is requisite building be built for the future and had it not been for that insistence, our regardless if one is aiming for a career plant would be even more in corporate law or in public service. physical At that point, I reminded Mr. di minished than it is today," Mr. Hyman of Jefferson's statement that Hyman stated. 1971 SERVicE ... . . "the idea that institutions established for the use of the nation cannot be touched or modified, even to make them answer their end ... is most absurd Yet our lawyers generally inculcate this doctrine, and suppose that preceding generations held the earth more freely than we do; had single handed, or with the help of social science." As to what role a lawyer should play in society, the Professor referred to his remarks at last year's hooding. He said, "To produce political movements capable of shaping fundamental change in the attitudes of society, the skills of the lawyer are certainly not enough. Something of the spirit must be moved "I do not think that your training necessarily enhances your ability to provide that kind of leadership for society as a whole. Yet I may suggest that there is one aspect of your training as a lawyer which, while it may not enable you to kindle the spirit of the people, may enable you to help avert the killing of that spirit ..." "We have often been admonished that the letter killeth. And who more than lawyers turn the spirit into the letter? That's their job, to generalize, to abstract, to formulate principles which guide action through many situations having certain elements in common. Lawyers who are well trained don't forget that there are other principles pressing for recognition In looking over his years of teaching, Mr. Hyman noted that today there are more students less concerned with the practical. The students of the late 1950's were particularly less socially oriented than the law students of today, he noted. Mr. Hyman declined to predict whether the present generation of law students would lose their idealism. 'The climate is such, today, that it is hard to answer that." "However," Mr. Hyman pointed out, "Nader is still getting recruits at $4,000 a year." Professor Hyman is proud of the law school's reputation. "Law schools generally have improved in quality and breadth." Mr. Hyman stated, "and our school has done well in this respect." "Today we are an innovative, very good state law school. We have nothing to be a pologetic about. We have accomplished the basic; now we are ready to pursue our new Dean's goals," Mr. Hyman indicated. Did he ever regret his decision to enter teaching? Mr. Hyman replied, "Teaching is like golf. The next time around, you are sure you will always d o better, and you never feel as though you do so poorly that you should chuck it altogether. I have always enjoyed it here. The scene has never been the same, making it . . impose laws on us, ourselves." was not the first to opinion," Mr. Hyman replied, citing similar expressions from St. Luke to H. L. Mencken. However, Mr. Hyman felt that an examination of history would reveal that "lawyers have always been on the fore front of change, due to the inherent nature of the legal job which is to apply the social structure of the past to the present." "Of necessity, lawyers have to learn to adapt the past to meet contemporary problems, resulting in a continuing re-examination of the legal system." While the legal profession has produced "backward looking pc 11 i foggers, it has also produced Brandeis and Holmes," Mr. Hyman stated. While it is true that he believes that law in our society can play an energetic leadership role, Mr. Hyman does not have any simplistic notion that "a surge of dedication to public need and a little extra burning of the midnight oil by lawyers are going to solve all the problems of our society a right to unalterable by ' 'Jefferson c xpr ess that endlessly interesting." Amateur Photographer Hyman tries out a shot from his window in the Prudential Building. Among other accomplishments, took theportrait of Dean Richard D. Schwartz which appeared in Juris Doctor magazine. �October 14, 1971 THE OPINION 7 Law and Medicine A New Area for Buffalo Law School by Mark Lillenstein Sometime during the three years at law school the realization hits for some sooner, for others later, for some unfortunates not until after graduation, but the realization itself is inevitable. Most of us become aware that after all the study and preparation we have not the foggiest notion of how to conduct an adequate law practice. We've got lots of theory, but precious little in the way of practical know-how and mechanical proficiency. This might help to explain the eager acceptance by our students of tidbits thrown by some professors pertaining to experiences they encountered in their personal law practices. Many of us have been fortunate enough to have secured part-time clerking positions with local firms, positions which hopefully include more than errand-boy duties. It is here that the final link in our education will be forged. But what becomes of this crucial opportunity once the school moves to new quarters in the Amherst swamps? The days of work-study clerking and hops across the street to observe hearings, trials, and procedure in action will disappear. The coming move to Amherst has sparked a new concern for the future programs of the law school. We must now, more than ever, plan to update and modify the curriculum to enable future law students to cope with the dynamic nature of law's impact on our political and social institutions and national needs. This communication is intended to function as a proposal for implementation of one idea to enable students to prepare for comfortable performance in one of the fastest growing areas of legal theory and the area of legal medicine. Its scope practice encompasses primarily professional negligence, personal injury and drug product liability, but legal medicine is unique in technical complexity and demands entirely different quality and quantity of preparation and legal functioning from that encountered in other areas of law practice. Proper representation of either plaintiff or defendant requires the specialist in legal medicine to function as a dual professional, whether it be in the case of medical malpractice, negligent drug manufacture, or lead poisoning from defective dinnerware. He must not only have adequate capabilities in the legal world, but must have full appreciation of Ihe chemical and physiological functions of the body, the mechanisms and implications of its injury, as well as potential permanency of any damage sustained. He must truly live and breathe the worlds of both law and science. The reader at this point may well question why - - the field of legal medicine is first presented as a "field of the future" and then promptly characterized ~as one in which only a small number of lawyers could ever hope to gain proficiency. That is precisely the issue at hand. There is a vast difference between even the most excellent negligence lawyer and the specialist in legal medicine. One of the most demoralizing realizations for the general practitioner or even a negligence-personal injury lawyer comes when after a rough appraisal of a case, he initiates suit, perhaps goes so far as an EBT and only then appreciates the fact that he is over his head, did not really understand the medical issues involved and is now unable to overcome the strong defenses raised. The delay may not only have been financially biting, but may well have prejudiced his client's rights or raised numerous false hopes. He has been in fact guilty of precisely the same malpractice as that of which he may be accusing a physician; he has exceeded his own limits of competency when he should have known better. Such a profile of failure is all too common and has not only led to accusations of bluff and stall tactics on the part of defense experts, but has been the basis of severe criticism of the legal profession by the AMA and popular press. (National magazines and Sunday supplements often contain articles about the "explosion" of malpractice "nuisance" suits, skyrocketing insurance rates, straightjacketing of the pharmaceutical industry with strict liability, and hospitals refusing to accept patients or employing other defensive measures). The real losers, though, are the injured human beings seeking redress, and the wrongly accused medical professional. It is becoming clear that law schools must take the lead in teaching students that the practice of law includes not only how to manage a case, but how to recognize when not to attempt to handle it alone, and indeed, when to reject it completely. Proper representation of clients mandates this objectivity by the attorney. The technological explosion has not only done its best to race ahead of our legal doctrines, but is beginning to focus quite sharply on the shortcomings of traditional legal education. In perhaps no other field is the casebook method so strongly under attack as being the most outstandingly inefficient system of preparation that man could devise. Today's protective doctrines and standards of care are tomorrow's unbelievable history. As our technology has expanded, so has the scope of tort liability grown to include application for the more devastating potential inherent in improper testing, manufacture or utilization of our modern Notice AM , We are fortunate in that Buffalo is one of the few law schools in the nation which is close contact with the fine medical school and research facilities of a state university system. Interest has been expressed at the medical school for courses in legal medicine and our own experience with the crush of applicants for the Law and Medicine and Law and Psychiatry seminars would appear to bear witness to our own interests here at the law school. However, the teaching of a course such as that outlined above is beyond the capabilities of the general practitioner, theoretician or general negilgence lawyer. While the monumental efforts of our first two seminars are to be applauded, a more comprehensive course is needed and must necessarily be taught by an expert in legal medicine. Your writer, having come to law school from the medical science, was fortunate in being able to act as a consultant for the past several years to a young local attorney with an interstate practice in legal medicine. During that time the countless inquiries and lengthy conferences requested of the attorney by interested physicians, lawyers, defense firms and insurance carriers have convinced this writer that a tremendous amount of interest and vital concern with the field exists today. The lack of self-confidence evidenced by inquiries from the members of the local bar and medical professionals markedly underlined the need for adequate legal education in this critical field. It is hoped that this opportunity will not be missed by the law school. However, we must present evidence to the administration that a sufficient number of students would enroll in such a course. If you are one of that number, or are a senior who would have taken such a course, please sign a card and place it in the box provided at the office window in the Eagle Street lobby. AluMNi to We have received notice from many alumni that they would like to receive The Opinion regularly as a means of keeping in touch with their alma mater and also to keep abreast of current student ideas and projects. At present some of the most recent graduates and members of the Law Alumni Association receive The Opinion (the latter supported by a grant from the L. Alumni Assoc). We regret that we are financially unable at this time to send the newsDaDer to all of our alumni. However, we r r machines, drugs and medical techniques. The need is plain for a course which would provide a survey of current theory and practice in legal medicine. By presenting general materials, basic scientific terminology and concepts, and perhaps the detailed study of actual workups of various types of cases, its scope could be broad enough to serve dual functions. Firstly, all students could become acquainted with the demands and pitfalls to be expected by the practitioner confronted with a potential cause of action. Secondly, the detailed study would act as a first step for those aiming at the pursuit of such a practice, or for those considering related fields such as plaintiff or defense counsel in government practice (FDA), workmen's comp., consumer-ecology law, corporate (drug and cosmetic industry) practice, etc. have mailed this issue of The Opinion to you in the hope that you will be sufficiently interested in receiving future copies to help to bear the cost of production and mailing. If so, we request that you send a donation of $3.00 (or more). In return, your name will be placed on the permanent mailing list. We regret having to solicit funds but we hope you will understand that the cost of mailing thirteen issues to over 3000 alumni would be prohibitive. Please use the form below: "^* I [�jj j mm f~lBflr~l*»-»_ g_| ■■ I I Please enter my name on the permanent mailing list of ' Zip Code (very ' —— — ————————— important) I JJJ. I I I Send To: The Opinion '7 West Eagle SI Buffalo, N.Y. 14202 enclose a donation of $ —_ -r> I _____! �October THE OPINION 8 14, 1971 Poverty Hill SUNYAB Students Consider Dynamic New Idea by John Samuelson Sub Board I, a body composed of representatives of the six student governments of the State University of New York at Buffalo, has obtained an option on approximately 1,150 acres of heavily wooded land several miles north of the Cattaraugus County village of Ellicottville. The land, which operated for one year as a ski resort, contains most of Poverty Hill (elevation 2,200 feet) and also features two small lakes. The purpose of obtaining the land was to provide a summer-winter recreation area for the student body in a relatively virgin area within driving range of Buffalo (The property is located approximately 40 miles from the city). Sub Board I, which is charged with funds for all student financed activities which extend beyond the range of any one student government, presently operates the UUAB, which directs student clubs and sponsors speakers, musical events, and speakers, and also funds all campus publications. The Board also administers about 250 acres of land owned by the student body in Amherst, which is worth about $2.5 million. In March the Board became incorporated in order to function more effectively. In the spring of this year, Sub Board I, Inc. purchased an option on the Poverty Hill allocating property for $10,000 for six months. It will soon hold a referendum in which all students in the University will decide whether to spend the purchase price of $186,000 for the property. It is interesting to note that if the land is purchased, it will be the first time that any student body in the United States has committed itself to a ownership and development of an extensive piece of property. (Although other Schools have property, they are either owned by the University itself, or by a joint Faculty-Student Association). The present plans for development of the property, if purchased, tentatively call for camping, swimming, and picnicing facilities, with as much of the property as possible left in its natural state. It is also hoped that within a few years the property could be used in the winter for skiing. It is that as many law students as will travel to the Poverty Hill property both Jo evaluate and enjoy it. (The trees this week are in full color). There is no fee for entering the property and all students, faculty, alumni, and friends are welcome. For more information contact John Samuelson, who is the Law School representative on Sub Board I, Inc. hoped possible View of one of the overgrown roads at Poverty Hill A view of one of the two lakes Looking down one from the top of the ski trails of Poverty Hill One of the many campsites on the properly �October 14, 1971 THE OPINION Beer Party 9 Blasting the Blast: A Commentary by Rosalie Stoll The Second Annual Barristers Beer Blast Bash was held September 24th at the American Legion Barunswinger Ppst by the SBA Social Committee at a cost to students of 5437. Now, the Social Committee's a very strange animal. It's listed in the SBA Constitution as an appointive committee by the President, but none of the members this year really knows how he got on the committee or even how it was chosen. Anyway, last year, under then chairman Mark Farrell, the Social Committee had discretion over the disbursement of $2,800. This year, the Social Committee, consisting of John Anderson, Jeff Spencer, and Dan Ward, wants over $4,000, a quarter of this year's SBA funds. What does the Social Committee plan to do with all this money? Well, they want to have five wine and cheese parties, an Xmas party, two joint parties with the medical and dental schools ("We're all professionals") and two beer parties similar to the Barristers Beer Blast Bash. Haphazard Affair Second Annual Barristers' Beer Blast Bash was one of those haphazard affairs that seem to haunt social committees. Mark Farrell wanted a social function as soon as possible in the school year, but no planning or pricing had been done by the committee during the summer. So, with a week and a half notice from Farrell, the Social Committee rented the first hall they contacted (a decrept American Legion Post with inadequate parking facilities), hired the first band they contacted (Jeff had a friend in the band. He'd never heard the band play, but, "he had been in a lot of other bands") and quickly designed a poster. Thirty-five dollars was spent for publicity printing a gay blue and white poster announcing the Bash in bold letters at the bottom of the sign "All ladies free," "other gentlemen $2.00." What other gentlemen? Well it turned out that all law students were invited free. Also any female in the city of posters were put up at dorms at State, Buffalo Rosary Hill, D'Youville, the girls dorms at U.B. and hospitals. (Area hospitals??!) However, if the area at a woman taw student wanted to bring her husband fiance or or even a date, would he have to pay an admission price? Well, no, it seems, so someone went around the school with a magic marker and blacked out the "gentlemen $2.00." According to the signs at the law school, anyone who wanted to walk in off the streets could, for free, and blast to her or his hearts' content at the SBA's expense. At the door, however, the social committee again reversed its collective mind, allowing only males accompanying The - - — women law students in without charge. All females were admitted free at the door John Anderson even asked them where they were from, perhaps conducting his own informal survey as to which schools are most attracted to the law school. - Minority Group Out of a student body of 611, over 290 students are married. In practically all of these here relationships, the non-law students is the breadwinner - her/his earnings are used to pay the husband/wife's tuition and student fees. Naturally, as one law wife expressed it, "we deeply resent our money being spent to. buy free beer for any girl who wants to meet a law student." Many other students are engaged or planning marriage. Others have steady dates. The interests of none of these students, nor the interests of the women in the law school are furthered by the purpose of this Beer Bash of attracting women. The idea behind it, stated committee member Anderson "is that there are a lot of single, male law students desirous of having a good time so we were attempting to cater to them." All members of the social committee are single males. So, the social committee attempted to cater to a small minority group in its selective admission policies. Exactly how many students attended the Bash or what the male-female breakdown was, no one on the committee knows; no track was kept of who went, although Anderson did query each single girl as to where she was from, he kept no record of how many came. The only record we do have, though, is that there were only three brave gentlemen who went stag to the Beer Blast to meet the women law students, because they were charged at Ihe door. How they found out about the Beer Blast is an interesting question, since the social committee deliberately avoided putting posters up where they might be spotted by men interested at ripping the law school off of its beer, even though there was a head charge. No signs were put up at St. Bonaventure, Niagara, or even Spencer's alma mater, Canisius, since these are primarily men schools. Signs might have inadvertantly been put up in mens dorms at Buff. State since it was dark and no one from the social committee could tell the men's dorms from the three of the nine womens. (Fooled them there Buff. State dorms are coed, only one exclusively houses men). - ESTATE PLANNING FOR THE INDIGENT: Professors Mugel, Donegan and Reis. This course will deal with the possibility of welfare payments and food stamps, already viewed by many as a vested property right, as incorporeal hereaditaments. , AD LIB LAW: Professor Greiner. This course will emphasize the prime requirements of a trial lawyer, the ability to think on one's feet and overawe a potentially hostile trier of fact with the logic of one's own view of the situation. Joseph Orsini, late SPORTS LAW: graduate. This seminar will concentrate on field studies of equine equity proceedings in Fort Erie, Batavia Downs, and Buffalo Raceway. NO FAULT PENOLOGY: Professor Schwartz. This seminar wttl instruct students on the last chance defense of putative political prisoners. THE STUDY OF INDIVIDUALS IN the steps of a large building with a flag out front Yes, this was it. We entered between sets of the band. The hall was quite large and all the people were congregated at the entranceway leaving a vast expanse of empty room, presumably the dance floor i Finally the band came ON. People flocked to the exits. Braunswinger Post never heard it so loud. It was impossible not only to talk but to dance/the band literally drove people out of the dance hail. Anderson later stated, "I thought they were lousy." But as Spencer said, "you couldn't beat the price." (Is $100 an unbeatable price for a lousy band?) - So most people just concentrated on serious drinking seven kegs of beer were consumed, and some people were very drunk and very happy. For most of us, though, it was a very sobering experience the next day to realize how irresponsible the social committee had been. Conclusion For those students who didn't attend the Beer Blast, E urge that they go to the next one to see how their $25.00 yearly student fees are partially spent. I certainly do not deny the need for a social committee, for being such a diverse body, the law school definitely needs something to help bring our students together. I find it hard to believe that a social committee's function should be to supply dates for those who are unable to do so themselves for the law school to supply 'pick-ups' for the male wall flowers at the school. Either the social committee should be responsive to the needs of alt the students, including the women, minority, and married students, or it should not be entrusted with the amounts of money it seeks. - Possible alternatives are that either everyone who seeks to come to our student-funded parties who is not a law student should pay a small charge; the law school parties should be open *o everyone off the street regardless of sex; or every law student should be allowed to bring an excort without charge and else should pay an admission. Whichever alternative is followed in the future, I that in planning all other events, the social committee will exercise better discretion and of their duties to the students aware be more will who indirectly sponsor these events through their fees and seek to be more economically responsible. everyone sincerely hope The Bash At the Bash itself, after futively driving around Bulletin Board Courses In keeping with trends on the Main Campus, the Opinion is printing below a number of courses which appeared anonymously on a bulletin board in Eagle Street for the Student's delectation in light of the course selection sheet previously promulgated by the SBA. We are not responsible. (Note to nasty minded readers). the block looking for a parking space (one American Legion official estimated that the lot held 35-40 cars and few law students had the daring to risk parking next door at the adjoining police station), we found a spot, and saw a large group of people 'hanging' on SOCIETY AS HUMAN BEINGS AND OTHER RELATED ENTITIES: Sara. This is a large group course dealing with the humanistic aspects of resource allocation and both prospective and pragmatic planning. THE LEGAL ASPECTS OF FREE POLITICAL EXPRESSION: Otto Matsch, crypto-graduate. Oriented from the point of view of Ist Amendment freedoms, this seminar deals with freedom of opinion and misopinion in the press and other related media, with special emphasis on Sgt. Rock and Captain America comic books. DOMESTIC UNRELATIONS: Allan Minsker, student, and Professors Teitlebaum and Swartz. Concerned with family planning with a view towards dissolution, this seminar will concentrate on small families, nofault divorce insurance, and the proposal to permit the adoption of dogs during a 10 year trial marriage period to prevent the expense of custody battles presently before the Uniform Law Revision Commission. TALES OF HOFFMAN: Professor and Hans Maeterlinck. This wide-ranging seminar will entail an examination of the procedural aspects of contempt actions and convictions in Federal District Courts in light of the German Classics. Iloinbu igor Child Care Center Proposed Law Women is joining with Law Wives in working toward the establishment of a child care center for the law school. The following is a policy statement put out by some members of Law Women, a sensitivity responsibility, not dissolving, security. We see collective child care as a way for both parents, the mother and father, to participate in the child's education and emotional extending, children's sense of guideline, for what they would like to see the child care center be. They feel it is essential educational policy of the child care center be determined by the parents and that hired staff be accountable to the parent committee. Child care at this time is a real need of the parents at the law school. An increasing number of women are coming to law school. A number of them have or are planning to have children. Male law students and their wives are finding it difficult to both work and maintain a positive family life. Many staff and faculty members have children. Although we recognize that this present statement of child care comes from the essential needs of parents, we further recognize that such child care is essential for a liberating education of children. Group child care, in contrast to the more isolating private home environment, has the potential of providing an environment in which children will have more opportunity to develop social and emotional autonomy and trust, and a wider range of intellectual interests. We believe in collective child care as a way of growth. We are consciously talking about child care rather than day care. The majority of existing U.S. day care centers , are glorified baby-sitting services, which serve primarily as dumping grounds for children. Too often, children in these facilities are emotionally brutalized, learning the values of passivity and obedience, and denied the opportunities for personal choice and meaningful social with adults and other children. A non-profit, collective child care center, run by parents, is an opportunity for children to grow and learn in an environment conducive ■to the values of cooperation as well as individualism, work as well as play, black as well as white, of women as well as men. relationships �October 14, 1971 THE, OPINION 10 GAK Law Review Tackles Moot Court by Jack Gutkin Gak. Gawk, and how are YOU? Today is a little different than others you're reading this, lminimn ... did you see "The Devils"? as you're reading this, it's probably too late. Anyway it's a very fine film. Ken Russell, who directed, produced and his wrote the film is one of the finest film-makers around other films including "The Music Lovers" and "Women in Love." Like Visconti, Russell is a master of visual composition. His frames read like the canvases of a genius. -- - Film and Culture our evolving world what the novel was to the eighteenth and nineteenth centuries. Many viewers, reacting violently to Russell's deft manipulation of images, reveal the shallowness of their perceptions by condemning a film like "The Devils" by using unspeaking words like "poor taste" and "ssssssss" (this at the film's premiere at the Hertel) to hide what is really lack of comprehension or an inability to cope with the extremes of the real world. These people, though they won't often admit it, love the censored "happy time" world of Television and the mass media. They insist upon arbitrary limitations. Subtleties and provocative elements are to be avoided at all costs even if the cost is the exclusion of the essence of the film itself. Film is to — John And Yoko The Beatles Beatles. Out of are gone; long live the the haze of bright lights and silly kids come the real people behind the greatest cultural event of the twentieth century. Of the four John hits hardest. Always the freakiest he crystalizes now into a matured artist-genius-personality and his Ul-famed wife Yoko Ono becomes more and more attractive, enchanting millions of viewers the country over (and Buffalo too 2:30 in the A.M.) on a recent (kin y'believe it?) Dick Cavett show. Film he says is his next step, and you can expect to encounter him there soon. A few days past this deadline I will be attending a one-woman exhibition of Yoko Ono's work at the Everson museum in Syracuse. Films and freaks, fantasy and general mind-fucks will be the fare and who knows, perhaps even a Lennon or two. I'll have more to say about that next time. Time to run now, but remember (lines from crippled inside new John Lennon album): ". you can live a lie until you die; but one thing you can't hide is when you're crippled inside." . Ciao. - line, but each met a living Rock of Gibraltar unable to score. What looked like a by Mike Montgomery The intellectual giants of the school took each other on in a friendly football game last Friday at the Kensington Village Stadium, to show that they really can do something besides pound typewriters. At stake was the reputation of the two organizations; more importantly, the loser was to stand the winning team for two an rounds of beer at the end of the contest issue close to the heart (stc) of this reporter. — THE TEAMS Each team played with a five man squad rather than the traditional six. The Law Review contingent was headed up by their outstanding quarterback, Richard Woll, ably supported by ends Art Dobson and Roger Burlingame, center John Quackenbush, halfback Lauri Filppu, and defensive players Lennie Goldstein and Howie Levine. Signal-caller for Moot Court was John Blair, a standout because of his fine ability to scramble as well as for his aerial performance. Blair was backed up by ends Bill Peltz and Ray Cianfrini, center Mike Calvete, halfback Dick Steiner, Bill Gardiner at safety, and defensive linesmen Isaac Fromm and Dave Klein. EXPLOSIVE ACTION Law Review kicked off to the. Moot Court offense, which marched down field to score on a touchdown pass from Blair to Peltz. Law Review came back on the return for the tie score on a Woll-Burlingame connection assisted in no small measure by a mix-up in the Moot Court backfield. Both teams then settled down to a grueling defensive battle as both lines strived for the edge. Each team managed the occassional invasion to their opponents ten yard and' were sure thins for Law Review on a Woll pass was frustrated by the fine defensive work of Dave Klein. Law Review's Burlingame stood out as both a receiver and an alternate QB, while Quackenbush and Goldstein turned in good performances as rushers. Moot Court's Blair executed a number of good running plays on a power sweep over either side behind his three good blockers. The vying squads played half hour halfs with 5 time outs. In the closing moments of the game Law Review moved the ball down to Moot Court's five but lost the ball on downs. Blair's squad took over deep within its own territory but was unable to move the ball fast enough for the extreme time pressure, so the game ended in a 7-7 tie. Russ Pettit officiated as both referee and timekeeper for the match, and was summarily executed after the game by mutual agreement of the opponents, due to his inability to spot the bait and watch for infractions at the same time, leading to uncertain calls. . POST-GAME My informants noted that while the stakes were unobtainable by either party because of the tie, Moot Court was best able to make it to the bar for a little post-game conviviality. A rematch has been scheduled for Friday, October IS. It was also noted that neither chief of the opposing organizations attended the game. The spectator population consisted of Bill Feigenbaum and one stray dog (mongrel AKC unregistered) due to clement weather. Asked for his impressions of the contest, QB John Blair said that "A tie game is like kissing sister." your RiGHT ON! continued from page 2 been two-fold: one, that all these controls do not work, and in point of fact often aggravate the situations they calim to be eliminating, and two, that the agencies are an unwarranted invasion of individual rights and social freedom. The Federal Communications Commission, for example, can revoke the license of any station that does not conform to the public interest. And what is the public interest? Whatever the FCC says it is. In legalistic jargon this is known as a capricious, arbitrary and whimsical exercise of power. In plain English it is known as censorship, and it is the natural outgrowth of bureaucratic self-aggrandizement. None of which ever bothered the liberals as they danced around inventing agencies to regulate everything imaginable. But now they have awakened to the Damoclian threat posed by the FCC because it is the liberal necks which are being endangered. The public and even some politicians have become aroused by blatantly biased news coverage, documentaries such as CBS 'Project Nassau and Selling of the Pentagon, and revelations that the news networks are regularly employing hardcore communists (the most recent example being Marc Schliefer of NBC). Several books have come out in the past few months documenting in detail the bias of news coverage, even on Old Wally's show. More and more people are crying out for some kind of congressional action to bring some semblance of objectivity to the evening news, posing a direct threat to the liberal monopoly. The liberals feel the pinch and they are squealing. Hence, Old Wally's denumciation of the FCC, for it is the FCC which would enforce any congressional action. The FCC would call its censorship a public spirited action, done in the public interest. That's what the Inquisitors said when they tortured heretics and burned books. Even Old Wally finally saw the light and recognized the dangers of giving the do-gooders enough power to carry out their fantasies. "Broadcast news today is not free," he said. "Because it is operated by an industry that is beholden to the government for its right to exist, its freedom has been curtailed by fiat, by assumption, by intimidation and harrassment ..." Cronkite admitted that the FCC had not yet gone very far to muzzle "But the power to make us conform is too great to forever lie dormant. The ace lies' there licenses. temptingly for the use of any enraged administration Rupublican or Democrat We are at the mercy or whim of politicians and bureaucrats and whether they choose to chop us down or not, the mere existence of their power is,, an intimidating and constraining threat in being. [Right on Walt. Well spoken, although somewhat understated as regards the - ... venal tendencies and evil lusts of the FCC vultures and their censorious hordes.) .. .. Willy's imperfect solution the problem, Old Wally is of course prepared to answer it. "The cleanest and perfect Having posed solution would be to eliminate all government The time is past when control of broadcasting there can be any legal justification for controlling program broadcasting's content." It is here that Wally's liberal training arises to. haunt him. The liberal-instilled Pavlovian reflex allows him to reduce the power of the FCC although even this simple expedient is traumatic to the doctrine of centralization of bureaucracy. For the sake of freedom of speech Wally is willing to hold back the FCC, to regulate in the public interest a regulatory agency. This is practically revolutionary. Wally wants the FCC to be limited to assigning channel numbers and monitoring technical performance. Although a step in the right direction (no pun) Old Wally's suggestion falls short of perfection. The FCC would still be around to license stations. It would still have to make decisions such as which of several competing stations to assign to a new channel frequency or one vacated by another station. What criteria would it use other than giving the frequency to the bidder with the most promises of public service? What other criteria could it use? As a result the stations would quickly find themselves in the same mess, with the FCC hovering behind the nearest skunk cabbage muttering dire threats of license revocation due to lack of "technical peformance" unless more shows in the "public interest" are shown. Which is not to say that there is no perfect solution, just that Wally's is not it. The real perfect solution is, however, very radical, very progressive and forward looking, not to mention viable, relevant and compassionate, all of which are minor reasons why it will not be adopted. The real reason that it will not be adopted is that it would strike a blow at the heart of the regulatory monster, and such a step is simply unthinkable in today's age of senile liberalism run rampant. The solution is to stomp out the FCC entirely. No FCC, no censorship; it is that simple. A radical proposal "Simple solution, hell," screech the liberals. "Simple-minded is more like it! Chaos, that's what it is. Low-brow conservatism picking its nose and calling it an idea! Ya gotta have regulation or all the stations will be using any frequency they want and there'll be anarchy. Call my psychiatrist before I freak out from thinking about it any more." All of which goes to say something about the receptiveness of liberals to new ideas. Consider this. The government proceeds to sell off the frequencies to the highest bidders (or to give them away to present holders, 1 don't care) and to c n force property rights of the holders of the frequencies. The frequencies can then be bought and sold on the open market just as other forms of property are. In fringemen t on someone else's frequency would be treated in a manner similar to infringement on any other property right. Unclaimed frequencies would be held in trust by the government, and could later be given away free to anyone who wants to use them for legitimate purposes, just as land was given away by the Homestead Act of 1862 to prospective settlers. Abolishing the FCC would be a step forward for freedom, and a step forward in the losing battle against the rest of those hideous regulatory agencies (FTC, ICC et. al.) which should also be expeditiously exterminated. But to do so is too radical for the liberals to even consider, and so the agencies will continue to strangle America in red tape. But it is encouraging to see that Old Liberal Cronkite has seen the error of his nefarious ways and is well on the path to redemption. If enough of his sort are similary converted to the paths of right-on-tiousness then verily, we shall overcome, and the Republic shall be preserved. �October 14, SPORT 1971 THE OPINION 11 SShorts ports Shysters Socked in Sorry Saga by as told by Alan Snyder Stuart Revo to Mike Montgomery The Shysters playing can be analogised to that other bunch of bunglers, the Buffalo Buffoons, but at least the odd fan who attended the Sunday afternoon game next to the hoary walls of Clark Gym paid no admission fee to feel cheated out of. It would have been a very odd fan indeed to be so masochistic as to sit through the Law School contingent's ignominious defeat. No Thermopylae this, a valiant stand of beleaguered heroes, but rather a retreat from Moscow along the burning bridges of the Bereszina by the defeated remnants of a once best had ample opportunity to do so. Sammy's fast scrambling quarterback was unstoppable. The ailing Martin returned as signal caller for another attempted drive for the Law School during which magnet-fingers Revo made another circus catch. Surrounded by hostile bodies, Revo's two little hands reached up to gobble the ballbut all efforts to profit thereby were as fruitless as the Dead Sea. The West Eagle Street 6 took it right on the chin last Sunday by getting beat by a campus fraternity team, the Sammies. The final score of 25-2 was indicative of the manner of Shyster performance. The team was upset, but with 6 games remaining they are confident that they can gain a championship play-off berth. It was a black day, but in many ways was a landmark game, for now the Shysters know the score and must win all the succeeding games. Coach Snyder said there would be a complete shakeup of the squad some changes must be made. old, too long in the tooth to be effective in the rigours of a strenuous contact sport? Was the youth and vigor of the Sammy team too much for the senescent Law School squad? Only time will tell. In the meantime, we can but live in hope that the Shysters will rebound from this Waterloo like MacArthur after Corregidor and Bataan to return victorious to the plaudits of their eager — TEAM UNIFORMS The Shysters finally got their new uniforms. They are white shirts with red lettering. The team members all purchased these with their own money. The athletic department wants to thank the SBA for the initial monetary consideration which the football club will repay in its entirety. There are extra shirts and any one may purchase one for $1.50. fans. ATHLETIC EQUIPMENT Arrangements have been made with J.NJ. Athletic Supply, Inc., 1442 Hertel Avenue in Buffalo for any Law Student or faculty member to purchase athletic equipment from them. The owner will give all a sports discount, with the presentation of school identification and a business card. The business cards can be obtained from senior Alan Snyder as well as any Shyster's shirts for those who are interested. proud host. Perhaps a factor in this less than memorable rout was the sartorial splendor of the Shysters. Attired in the first uniform jerseys the team had ever sported in its three year history, the Eagle street squad have been too may preoccupied in narci'ssitic preening to be the effective killers they were in bygone days. Ace corner back Bob Livoti kept on tripping over his scarlet and white jersey. Injuries plagued the team. Sparkplug QB Martin had suffered a serious sprain prior to the Shyster joust with Sigma Alpha Mv and was operating at only 10% of his PICK-UP GAMES .. .. PUGILISTIC INTERLUDES ankle for the duration of the Both benches emptied frequently for the numerous melees which erupted between game. THE CAME Sammies kicked off to the Shysters with Ginsburg filling in at QB for the injured Martin, lobbing a SO yard pass to Roberts which was ruled out of bounds by an unusually contentious officialdom, in the first of the many bad breaks which were to plague the previously victorious legal eagles. The abortive drive stalled vleep in their own zone; the Sd ysters made a short punt fu their Main Campus opposition which proceeded to slash through a porous Shyster defense like a honed blade through lard for a score. All throughout the game the white and scarlet team evinced an alarming tendancy to lose their cool when behind. They — - The Shysters could not get the ball over the Sammy end zone even w hen down to their opponents' one yard line. The Sammies took over and scored again and again usual sparkling efficiency. Martin gamely limped around the field on a heavily taped Pick-up touch football games will be played Saturdays at 1:00 p.m. in Delaware Park near Nottingham. All are welcome to attend, and anyone can play. Shysteis to the attack in a losing effort against the Sammies CrOSSWOrd NO. 2 Eagle Street representative claimed that officialdom had it in for the demoralized Shysters, with epithets bombarding back and forth between freak references and profane players reminiscent of the rolling barrages of Ypres and Passchendaele. YOUTH AND BEAUTY BEFORE AGE AND EXPERIENCE? Are the Shysters getting ACROSS I-Cic I—-1 reserved the hapless Shysters and their victorious opposition. Roberts was ejected for pummelling a Sammy stalwart. Another Shyster ejection resulted when one team member called the Ref an ignorant SOB. Truth is a defense, but alas only before the blindfolded figure of justice, and not on the playing fields of Clark Gymn. One Answers To Crossword No.l (mm 1" all rights * , M 1n MHi ** mi lit II I cliJ 46. girl's name 1. end (chess) 5 put up job' 10. Grant's 14. downwind yokel 16. 16. Exchange premium Famous name in Buffalo 17. history 20. Carson 21. Snick's partner 22. Submachineguns 23. operetta character 24. craftiness 47. would eat no fat 50. mossy growth 51. owing 54. former Erie Cty. Sherrif 58. volume 59. unattached 60. Thor's daddy 61. Saratoga, for one 62. Buffalo River 63. Phi , Kappa DOWN 1. clumsily observe (,toi+n — aas^— * ft. greased 4. 33. 34. 35. LBJ's consensus Gov't agency 36. dye tool I' X SSI StrU 40. serfs « 41. — Affair (Civil War) 42. more than one dollar (slang) 44. Stephen and family electric 5. pieces of 6. !o,er beef 7. epitome J" ??'* niCkname A K.u'm'es de mes 11. leer 12. visage 13. Bowery 18. Tristan et 23. . Canal 24. Sags 2s! 26 27 (Germ.) rich Breakfast treat wash clean 28 foreign » and fury 30* virile guys 29 ' - 31 SUDpose 32 ft™ , cause them 34! Liable to _| ollh Jg7 Mi** rX .„' tahH * J, ft™ /»„ > . 2,f ' H"?"" ??" kSoSt Zl' hnnim «• Aa .-swhi—,! to —• 60! co^ttauTLioo^hly" «• s*" SL_, 5, X' "™*L JT £, Sele Mu JJ^JTahot �. ALL STUDENTS Any one who has not turned their local address in to the office at Eagle Street (Shirley Chiose), please do so at the earliest opportunity. This is important. very YEARBOOK party Anyone school, Thursday, lounge Advocate, running project sponsored open please 14th, by helping preparation yet. the worthwhile 1972 Time 'will orisphone, interested be and PAD October isCHEESE and 875-8482. WINE. YEARBOOK short no to in work all for BEER PARTY contact a PAD. students. Wine the has been AND It Chuck with Beer will done and be this Genese held Cheese as of most the in at Time is running short for the preparation of the 1972 Advocate, and no work has been done as yet. Anyone interested in helping with this most worthwhile project please contact Chuck Genese at school, or phone, 875-8482. Thursday, October 14th, a Wine Beer and Cheese party will be sponsored by PAD. It will be held in the lounge and is open to all students. 1971 BulETiNBoARd PAD SYMPOSIUM On 17 November, Phi Alpha Delta Law Fraternity will sponsor a symposium entitled "Judicial Selection .. Appointment or Election" at 4:00 p.m. in the Statler Hilton Motel. The panel will include Mr. Philip Magner, President of the Erie County Bar Association, Mr. William Larson, Chairman of the Erie County Bar Association Judicial Committee; also invited were Judge John T. Curtin of the Federal District Court, Edward Maxwell, U.S. Magistrate, County Court Judge Joseph Mattina, City Court Judge James L. Kane, and William Hefron, County Court Judge. This Symposium will be open the Bur the entire Law School faculty and students. No admission will be charged. and to - educational, award, University January representatives. eligible scholarship Scholarship. Any Registration Any reports opportunity on-campus They questions Community receiving $2,000 business, April January receiving programs application interviewing concerning University qualify University you May $600 they program, spring seeing ($3OO by Scholarship. campus degree scholarship. scholarship semester, you complete per year. running help. Hayes government University semester) report part justify incentive Guidance the Oct the invited Annex. their State who award of the course should his Once Students The Student office UNIVERSITY various 4 own Incentive and work ask to a to staff for student UNIVERSITY 17 notification awards on student existence December tuition. interview for Accounts career will to Office in of a 11th do look an ANNOUNCEMENT Candidates forms Award wht State cover can not should floor forward whether or PLACEMENT welcomes for 17 29 be on an and is are of less or and the Prudential. in in take answered industrial SCHOLARSHIP received the Incentive individual the the from offered the available on to difference Alumni for main for the fall maximum need his Placement ait 1972. the all the card will of semester state this Award students and the SERVICES interviews State to in the John to between tax take New and the maximum where less levels to and Dick in Office Career offers York from their This than with "C" the the are he or in is in WBPA AINDER, ND CHES PARTY I October 14, THE OPINION 12 PLAUCNEIVMRSSTY ERVICES ANNOUNCEMENT The staff of wht University Placement and Career Guidance Office welcomes all students in the LAW WIVES TEA University Community and Alumni to take part in various career programs offered this year. The on-campus interviewing program, running from Oct 4 to December 17 in the fall semester and from January 17 to April 29 in the spring semester, offers the opportunity for individual interviews with educational, business, industrial and government representatives. Candidates from all degree levels are invited to interview whether they will complete their course work in January or May 1972. Registration forms are available in Hayes "C" Annex. They look forward to seeing you to justify their own existence and you need the help. the - UNIVERSTY SCHOLARSHIP Law Wives held on their first formal tea of Sunday, Sept. 26 at Hamm an Library. the Faculty the year Lounge, Mrs. David (Becky) Sands presides. About 50 women were present, including wives of faculty members, wives of law students and several women law students. Guest Speaker Dean Richard Schwartz spoke on the possible establishment of a day-care center and a short, but enthusiastic discussion ensued. Mrs. Sands explained that the primary reason for this tea was to acquaint prospective members with the Law Wives organization and their plans for the forthcoming year. Several interesting programs are planned which will help wives of law students understand their husband's prospective careers. Any woman who is interested in joining Wives may contact Mrs. Sands at 837-3245. Law projects. party scholarship excessively exchange ecological high grazing Merowit, 22, government Dr., meeting organizationally Buffalo, students, big Director, by damage rare, bring meeting patrolling currently meeting postponed paying aiding purchase may spearheading party slaughter game conjunction hopes meeting previously day young Sands, ravaging $5 keep $5 irreparable: Homburger, hard-pressed Broadway, up-to-date Winspear, animals, republics Furthermore, off, visiting payable fund-raising p.m. Turrytown, financially especially goods predators by Buffalo, Anyone prevent Belgian Rights. ravages foreign Africa, Kenya game 1, law at Be establishment home N.Y. to the Poachers and the Africa funds wardens interested Law this that Committee newsletter New Law The Law Remember the African informal FRIENDS their mechanized will Club. York The in Friends alumni the will for of next home will animals students for It to the cats. beer be wives' numbers. from the Mrs. in be wild few 10591. for will is LAW formal for N.Y. lose food of that in of held If of diminished Davis life be the OF will Mrs. law concerned afford the 2 these WIVES It The dues tremendous chain will 330 held Africa in also sale should this with box the student. AFRICA flourish will of Adolf the honor of should wardens Friends be South October until of animals Student lunches/or committee of camels deal African to tourism. be will with in TO annual November discussion black 484 wild killed without "camel of November alerted with with scheduled work the contact America of be amounts center MEET COMMITTEE to 20 the the whom become Law wilderness. Africa held dues. wildlife the be either at Women's baked current to drive" Wives' of 2. nature's 8 toward and used November International 211 Clement the rodents for the 19 Committee. to of in extinct of with October work America when of to Lamark will at check book East raise and the and the the be of to E. an on or sure are can a a on are are a care a are now as a or a Any student receiving the maximum New York State Incentive Award of $600 ($3OO per semester) who reports $2,000 or less on his state tax report is eligible for a State University Scholarship. This scholarship will cover the difference between the award and tuition! Once notification is received of the maximum award, a student should take the card to the Office of Student Accounts on the main campus where he should ask for an application for the State University Scholarship. Students receiving an Incentive Award less than the (maximum do not qualify for the scholarship. Any questions concerning the scholarship or incentive awards can be answered by John Dick in his office on 11th floor Prudential. FRIEONDSFAC RIC OMMITTEE students concerned with the current ravages to African wild life should be alerted to the work of the Friends of Africa in America Committee. Poachers are currently ravaging the wildlife of Africa, and the few game wardens whom the Kenya government can afford are hard-pressed to prevent the mechanized slaughter of wild animals, especially the big cats. If these animals become extinct or excessively rare, the young black republics of East Africa will lose tremendous amounts of foreign Law exchange from diminished tourism. Furthermore, the ecological damage will be irreparable: as predators ' high in the food chain are killed off, rodents and INTERNATIONAL LAW CLUB FORMED We are happy lv announce the formation of the State University of New York at Buffalo International Law Club, and we are looking forward to you as a charter member. We offer encounter with International Law Students (Belgian law students for a start), distinguished visitor lecturers, participation in the Jessup International Moot Court Competition, and study abroad during the summer. Our dues for the year will be $2.00 and students are encouraged to become members of the Association of Student International Law«Society for $5.00. Membership in the Society include without Law, the Proceeding of the annual meeting, monthly Letter to Members, Study reports subscription to the bi-monthly International Legal Materials, and various special studies sponsored by the Society. If you are interested please fill out application and leave with Shirley's office. , an Community Wednesday, story Lawyer Fellowship important Reginald Program (See meeting p.m. interested There for additional law REGINALD will FELLOWSHIP Oct. students be 20 info.) in in Room HEBER the PROGRAM 110. SMITH at Heber Bill 3:30 Lobbins of Smith all REHGINABLDR SMITH FELOSHIPPROGRAM There will be an important meeting of all law students in the Reginald Heber Smith Community Lawyer Fellowship Program at 3:30 p.m. Wednesday, Oct. 20 in Room 110. (See Bill Lobbins story for additional info.) interested grazing animals will flourish without nature's check on their numbers. The Friends of Africa in America Committee is spearheading a "camel drive" to raise funds for the purchase of camels to be used by game wardens for patrolling the African wilderness. Anyone interested in aiding this committee either financially or organizationally should contact Clement E. Merowit, Director, 330 South Broadway, i'arrytown, New York 10591. The next an informal LAW TMOIVES EET meeting of Student Law Wives' will be meeting with a discussion of fund-raising projects. It will be held October 20 at 8 p.m. at the home of Mrs. Davis Sands, 484 Winspear, Buffalo, N.Y. The beer party previously scheduled for October 22, will be postponed until November 19 when a party will be held in honor of the visiting Belgian law students, in conjunction with the International Law Club. The next formal meeting will be held November 1, at the home of Mrs. Adolf Homburger, 211 Lamark Dr., Buffalo, N.Y. It will deal with Women's Rights. Be sure to bring 2 box lunches/or baked goods to this meeting for the sale on November 2. Remember that dues of $5 are now payable and that alumni may also keep up-to-date with the newsletter by paying the $5 annual dues. Law wives' hopes to work toward the establishment of a day care center and a book scholarship for a law student. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1971-10-14 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/14/1971 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:42:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2b4a9ed952322b288a047b0cd6eafb68.pdf b2120a805cfa6c45caf100688c23a602 PDF Text Text IttOfWM FAD BUFFALO. N.Y. FHmrrwo.T»» 77W«tEMte». ■*M»,N«wVotfcl4«n O THE PINION State University of New York at Buffalo School of Law Volume 12. No. 2 Election Notice September 30. 1971 Attica Resolution Passed On the sth and 6th of October there will be held a The following unanimous resolution from a the event would result upon subsequent inquiry, Student Bar Association election for designated officers motion made by John N. Blair is the resolution b) The full disclosure of the commission's and directors. The following positions will be filled: A) President B) Secretary C) Freshman Directors D) Junior Director The seemingly premature election for Freshman Directors is necessitated by the SBA Constitution which mandates Freshman elections by October 15. The early election of Freshman representatives is advantageous in that budgetary considerations are taken up early in the passed by the S.B.A. at their Sept. 12 meeting. The Student Bar Association of the State University of New York at Buffalo, School of Law, expresses its sincere regret for the loss of life as a result of the tragedy at the Attica Correctional Facility, and extends deepest sympathy to all the families affected. Their pain and sorrow can never be removed by any explanation as to the tragic events that resulted in the loss of human life. Nevertheless, if left Fall semester for the entire academic year. unexplained, the tragedy at Attica threatens the The Election Committee would like to encourage all meaning of justice and the principles upon which members of the association to vote and take an active country must depend for its survival. interest in the election of their representatives. The this Therefore, we strongly urge the following: Committee would like to remind the Senior Class especially to get out and vote as they too will be 1. a) The immediate establishment of an affected by the decisions reached by the Student independenttotally impartial commission Government. truly representing all segments and groups of open p.m. a.m. to Polls will be from 9:00 4:00 each society to investigate the entire incident, day. including, but not limited to, the causes of its occurence, the events that transpired in its Election Committee: John Blair development and tragic terminztion, and the Richard Weinberg conduct and representations made to the public by any and all parties responsible for insuring that an objective and candid documentation of SBA Candidates The following are the candidates who will be listed on the ballot next week: Freshman Director Reed Cosper Maryann Miller Michael Karger Cyrus Kloner »i Marty Miller Mosher Jackie Larry D. Shapiro Alridge Willis E. Ross Zimmerman On Sept. 16 a conference with Professor Herman Schwartz of UB law school and Ira Glaser, director of NYACLU was held at the Niagara Frontier chapter of the ACLU, 1370 Main Street to discuss the Attica uprising. who has been active in furthering prisoners' rights at Attica, discussed the Federal Court testimony of James P. Watson, a UB law student who served with the National Guard at Attica. Watson's eyewitness testimony Secretary John Anderson emphasized the guards' brutality following the re-taking of the prison by authorities. Burke IN THIS ISSUE: Education in the sky , Attica Professor Schwartz, Hague Academy Summer Study occur. 2. Complete support for the protection of the security and rights of prisoners, guards, and employees of the institution in the pending investigations and to implement the, reforms agreed to during negotiations aimed at terminating the incident. The student body offers its complete assistance, as law students, in the research investigation and preparation of the findings and recommendations of any commission convened to deal with the issues raised because of and as a result of the Attica tragedy. not Opens Door President Linda Cleveland Malcolm L. Morris Flying High findings pointing to or specifically indicating responsibility for the total incident be imm c diately acted upon by the appropriate judicial and administrative units with a view towards full application of whatever measures are necessary to insure that subsequent tragedies shall press Philip J. Sanzone S.B.A. Meeting Study in Efficiency to any individual, official, agency, or interest group involved. c) Immediate implementation of the commission's administrative, legislative, and judicial recommendations by the appropriate governmental official or body. Furthermore, any Watson's Testimony Junior Director Sally Mendola Buffy findings, regardless of discredit or embarrassment page three At the press conference, Schwartz emphasized the difficulties lawyers had in reaching clients at Attica. from Schwartz's experienced r Page fo« incarcerated Attorneys Ira Glasser, Director of the Buffalo Chapter NYACLU, and Professor Herman Schwartz discuss the problems of the Attica defense lawyers in reaching their clients. correction reform program serves about 200 Attica (which page five Library Problems Budget squeezes and growing pains page Notes from Elsewhere News from Afar PaB= «"" Sports Shysters ride again P*& seven six prisoners), as well as attorneys reversed his refusal to allow view of the current litigation from Legal Aid of Buffalo and attorneys to confer with their docket of the ACLU. Legal Aid of New York had clients. Although attorneys were been unable to contact clients for days following their the to be admitted the following tragedy. The attorneys were day, Sept. 17, Schwartz ensuring primarily interested in expressed his unhappiness with that the civil, legal and human the delay lawyers experienced in rights of their cliengs were not violated in the aftermath of the uprising. reaching their clients. Mr. Glaser stressed Blame for what happened at Attica should fall, Mr. Glaser feels, on the public officials who failed to previously correct the dep lorable conditions at Attica. the Both Professor Schwartz and It was only after Watson's essential fairness of the Mr. Glaser are continuing their testimony, Schwartz emphasized, prisoner's demands. He felt they efforts to reform the New York that the District Attorney were reasonable, especially in State prison system. �September 30, 1971 THE OPINION 2 Editorial Letters To The Editor For Your Sake...Vote Right On? The SBA elections next Tuesday and Wednesday may well be the most important event at the Law School this year. Not only all the Freshmen Directors, but also two the most important positions in student government, the president and secretary, will be filled. A cursory glance at some of the important issues facing the SBA shows the necessity of electing responsible and capable persons to these positions. Besides deciding how to allocate over $15,000 in student funds, the body is working toward solving problems in registration, course offerings, student-faculty relations, International Legal studies, placement, financial aid, professor evaluation, social programs, facilities planning, and many other areas. It has been made obvious by recent events that student needs in many areas have been neglected. Much of the blame for this situation must be placed on the student body which has not been able to forge a well-organized and forceful student government. The most crucial part of forming this much-needed spokesman for your needs occurs next Tuesday and Wednesday. Make certain you vote and before you vote, talk to the candidates and listen to what they say. Remember, if you don't vote, you will have no grounds for complaint when in January the computer registers you for Math 111 or when you find in March that all the placement cards are eight months old. Now is the time to elect people to get things done for .. YOU. Do your part VOTEW .. . ... Letters are welcome from students, faculty, and others. The Opinion reserves the alumni, shorten letters to their too lengthy to print in Please limit letters to two Send to: The Opinion, 77 Street, Buffalo, 14202. Anonymous entirety. typewritten pages. West Eagle letters will not be ! - - ™ OPINION September 30, 1971 Vol. 12, No. 2 Editor-in-Chief- John R. Samuelson Assistant Editor Vacant Managing Editor George Riedel - -- News Editor Vacant S.B.A. Editor Vacant PhotographyEditor SamuelFried - published. - Article Editor Mike Montgomery Feature Editor Vacant — — Production Manager Vacant Business Manager Steven Leicht - Staff Writers Otto Matsch, Jeff Spencer, Rosalie Stoll, David Schubel. Columnists Otto Matsch, Jeff Spencer. Contributors Stuart Revo, Eugene Haber. Photographers Samuel Fried, Chris Belling, Linda Fried. - LETTERS TO THE EDITOR right can't make omelets without breaking heads" was To the Editor: just unbelievable. I thought Art Buchwaid wrote As a displaced New Yorker, not quite adjusted funny pieces of political satire, but he's no Right On ing read the Buffalo, to living in your Otto. Hey, I'm doing it too! column by Otto Matsch was like getting a letter "Matsch" for be contagious. Must funnier parody of from home. I haven't read a Seriously though, for anyone to write an lowbrow conservatism outside of the Daily News Editorials. Really, the only line Otto managed to article condeming "thethemaniacal blood lust of the concentration camps of leave out was the one about the only good Peking regime" and Russia and China a week after the slaughter at Commie being a dead one. The treatment of Mao as a kind of Sax Attica indicates a petrified world-view that neither Rohmer villain with the "blood soaked throne reason nor compassion is ever likely to penetrate. Barry Bassis room"— was a good touch, nostalgically evoking Class of "73 "you the whole yellow-peril era. But that line The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily thoseof the Editorial Board or staff of The Opinion. The Opinion is a non-profit organization. Thrid ciass postage entered at Buffalo, New York. RiGHT ON! by \ NLG RIDES AGAIN There are those who speak of the murder of George Jackson by the prison authorities in San Quentin. George Jackson was set up, they say, by those pigs, and gunned down because he was a symbol of the blacks plight in Amerika. And they are right, at least up to a point. For he was indeed shot down by the prison guards. The trouble is though, that setting up was done not by the establishment, but by the "friends" of George Jackson. Jackson had served about eleven years for burglary on a one year to life sentence and was soon to have stood trial with two other inmates for the murder of a young prison guard while all three were in Soledad Prison. Since then the three "Soledad Brothers" had been the center of a vast fund raising and propaganda campaign in which the National Lawyers Guild was heavily involved. But the propaganda and fund raising campaigns weren't doing so welt, and it looked like the Soledad Brothers might be quickly convicted and locked away. Not a very handy thing for the Cause, which needed symbols of oppression to sucker the public with. And so the decision was made that action had to be taken to resolve the Jackson problem, something dramatic to stir the imagination of the campus sheep. An escape plan was concocted, an escape plan that could not lose. If the escape were successful, Jackson and a few others would be out of prison and quickly sent into hiding, from where they could send messages paraphrasing Cleaver and Marx and Mao, vowing death to the pigs and Reagan and Amerika. But here lay the devilish subtlety of the scheme. For if the escape failed the plan would still succeed. , - - ' - OTTO MATSCH And the escape did fail, and the plan did succeed. A martyr was born, just as planned. George Jackson was worth more to his manipulators dead than alive. Alive he would be tried, and perhaps found guilty of murder, and murderers are not the type of folks that can be glorified for the love generation, the flower children, the campus sheep. And if tried and acquitted it would only prove the System can dole out justice, even for a Soledad Brother, and even in Reagan Country. But a dead George Jackson would be a martyr, the perfect symbol of political and racial oppression. What a beautiful escape plan! What beautiful friends! Friends like Steve Bingham, Fay Stender and John Thorne. All three are members, naturally, of the infamous National Lawyers Guild. Bingham is sought by police for an alleged role in the escape attempt; the police say he brought a pistol into San Quentin and gave it to Jackson. Stender and Thorne and other NLG lawyers are under investigation by the California attorney general's office for what appears to be an astonishing abuse of visiting privileges of the bar. California officials believe NLG activities range from the smuggling of weapons and inflamatory propaganda into the prisons at San Quentin and Soledad to the discussion of escape plans and the transmittal of threats to "non aligned" prisoners. Without friends like these, Jackson would still be alive. Of course the NLG alone did not create the atmosphere of violence and counter revolution that bred Jackson's murder, the murder of five more during the escape attempt and forty more at Attica. It was a long, hard campaign to manipulate the frustrations, anger, and desperation of the prisoners at Attica sufficiently to get several hundred to rebel. The NLG's friends - - helped, too; the Black Panthers and other leftist constantly bombarded the prisoners with propaganda. Much of the propaganda came through the regular news media: years of repetitious harping about political oppression, genocide, racism. The prisoners were exploitedby their "friends," exhorted to revolt by self groups - anointed saviors, and led to death to advance the political fortunes of their puppet masters. After Attica, after the hostages had been rescued, NLG lawyer William Kmistier got up on his perch and howled and moaned about how horrible it all was. And it was horrible, and there is a serious possibility that it was horrible because of Kuns tier's activities at Attica. One of Kunstler's fellow negotiators at Attica accused Kunstler of sabotaging the talks. David Anderson, a black school official from Rochester spent 17 hours inside Attica as an inmate invited negotiator. Anderson said that until Kunstler showed up negotiations were proceeding well, that agreement was near. But Kunstler did his thing, and what had been 15 demands increased to 30. Anerson claimed Kunstler had prevented settlement. When Anderson left Attica at 4 AM on Saturday morning he "knew we had failed in keeping it calm." These statements by Anderson are not isolated; they are corroborated by simitar statements by inmates who have been released since the riot. So once again we find the NLG raising its ugly head. The motives of Kunstler and the NLG are open to speculation, but it can hardly be argued that an organization that persistently injects itself into explosive situation for the purpose of making them worse is the fun • loving bunch of idealists (continued on page S) - �September 30, THE OPINION 3 1971 S B A The Name Of The Game Is Efficiency by Michael Montgomery with a representative of the interested organization, and present a comprehensive budget to the .SBA for final determination. The Committee will consist of Treasurer Richard Weinber as Chairman, Seniors Lee Ginsburg and Mike Montgomery, and Juniors Yvonne Lewis and Bill Buscaglia. Freshman members will be elected by the body as a whole after the Freshman Directors are elected in the upcoming race. The finalized budget will not be arrived at for presentation to the SBA until the Freshman members have been elected and had time to co ntribute. The recommendations will be accompanied by a written report and explanation. NEXT SEMESTER'S COURSES The SBA meeting of 23 September commenced with a talk with Robert Barber of the Professional Curriculum Committee in regard to a course selection preference questionaire, mandated by schemoozzle with SARA which still plagues many people at Eagle Street. Lee Ginsburg proposed the questionaire to remedy the v nresponsiveness to student desires evidenced in the current semester. He suggested that every possible form to apparent provide an indication of what courses are wanted and how many want to take them, which would then be presented to the Curriculum Committee. Barber noted that the Curriculum Committee is not responsible for the scheduling of courses, but rather takes the courses suggested and checks them out with the professors capable of tea ching them for feasability and course content. If appropriate, the course- would then be recommended for approval to the faculty. If approved, the course may be offered next semester or it may be offered next year. The Curriculum Committee has no control over scheduling. I f the faculty rejects the student recommendations and preferences, at least the student body knows what sort of a problem it has to deal with. A suggestion was put forth that the questionairre include a Complaining organizations makes a motion at Friday's SBA meeting. Anderson, Acting Secretary, and Mark Farrell, President. L«e t.insherg on preferred professors for various courses, useful input in terms of a student evaluation of teacher quality. The problem of teacher assignment being rather touchy, it was decided to make this part of the form section NEW YORK PRACTICE voluntary. Apparently, there is no knowledge as of now of which faculty mem bers have been appointed to this committee. It The second issue brought up at the SBA meeting concerned a petition from members of the Senior Class that Professor Adolph Homburger teach New York Practice for this Spring Semester, and that space be provided in this vital course for all seniors who wish (o take the course. SBA support was given on this petition on executive motion of SBA President Mark Farrell. BUDGET HEADACHES was noted that there was very poor notification of meetings for student members. The form must be in by October 15 for it to be a useful tool in planning the spring semester. On platform,(L) John how to handle the approval of this year's budget was ushered in amid unsatisfactory memories of last years abortive proceedings, in which a finalized budget never gained approval. At present, the Treasurer was authorized to make ongoing disbursements to keep the will have an opportunity to present their case before the SBA, and reported back to the committee if knocked down. TELEPHONE Sally Mendola brought up the problem of student organization use of the SBA phone, which is no longer in Shirley's office due to misuse. The only phone presently available is in the presently operating organization SBA-Opinion Office at 216-b. It alive. Rather than argue the budget before the body as a whole in an imitation of last year's procedure, a Budget Committee was formed with power to request budgets from groups needing funding, The recurring problem of reviewing them at a hearing was decided to continue the present use of the phone in 216-b, when that room is open and occupied, with a sign-out sheet for users and organizations until something further can be worked out at the conclusion of the telephone strike. Real Estate The Multiple Listing System Examined BY Conclusion listed with the other members of the system and will receive a commission on the sale of any of the properties which he might sell which are "listed" for sale with another broker. In this article I am not attempting to maintain that real estate brokers make a 100% profit or that the services they perform are not of value. I am pointing out, however, that when a private group is 6% Commission The local real estate market in the western New York Area is dominated by the M-L system. One interesting facet of the system is that the member brokers set one rate for ail members which is 6% of the sale price of the home listed in the system. If that looks like price fixing to you, you are exactly right. If that looks to you like monopoly power, you are doubly right. If the M-L system was anything other than local in nature there most probably would be a clear violation of the Federal Anti-trust Laws which are aimed at just this type of price fixing which deprives the public of the major benefit of the free enterprise system. The Necessity of Price Competition A cursory reading of any basic economics text wilt reveal that the most important dynamic behind the free enterprise system is competition and the most important type of competition is price competition Price competition in the market is supposed to result in the lowest level of profit and the most efficient allocation of society's limited resources. This is obviously thwarted by the Ml. Almost any realtor you speak with will most assure you that his heart and soul are committed to a belief in the free enterprise system. To a person not often involved in large What he will not tell you is that his belief in the or an elderly couple whose "free enterprise system" is pretty much restricted to commercial transactions out of the area, selling a home those aspects of that system which will gather children have moved major and somewhat confusing a may be economic benefit to himself. probably JEFF SPENCER under t a king. To these people the services of a broker are almost a necessity. With the rate set at 6% ($l2OO on a $20,000 home) by the M-L system and most brokers belonging to that system the choice is either to agree to pay this commission or attempt to sell on their own. For these people any alternative to going to a M-L broker is unrealistic and improbable. Upon passing the New York State bar exam a new attorney may (for a small fee) apply to Albany for his real estate broker's license. If he plans to set up a real estate business he may join an organization known as the Western New York Board of Realtors and take advantage of the "Multiple Listing System," better known as the "M-L" system. Through membership in the system he receives M-L cards which describe all properties allowed to exercise monopoly economic power on its own behalf, there is a good chance that the level of profits will exceed, and in this case do exceed to a considerable extent, the level of profits in a situation governed by a price competition. The broker's may reply "and what is so bad about making a profit?" The answer, of course, lies in asking who pays for the extra profits. A home for most families is their major asset. A wage earner may work for 30 years to pay off his mortgage. If his average weekly pay is say, $150, a realtor's fee of $ 1200 represents two solid months of work by this "average" wage earner. I will leave consideration of the morality of such a fee under monopoly conditions to philosophers and social moralists. Perhaps you are now sufficiently interested in the subject to more closely examine it and draw your own conclusions. For myself, I believe that the public is not sufficiently protected from such private groups which are allowed to exercise monopoly power over an entire market to their own benefit. I believe that at the very least, state regulation of rates is necessary to protect the public interest in this area. �September 30, 1971 THE OPINION 4 by John Samuelson Photography by Samuel Fried ClAIsRNoMS THE ky You may have noticed a small sign tacked on the Junior Senior bulletin board last week which asked students in Professors Reis's Seminar to sign up for a plane trip. We saw the same sign, and the following picture story is the result. I. We were invited to come along on the trip, myself to take notes and Sam Fried to do the photography. The airport was a samll private one in Amherst near the new campus. Pictured next to the Piper Cherokee from left are John Samuelson, Jean Helimann, Sally Klough, Ellen Smythe, and Professor Robert Reis. took off, and as soon as we had reached was such a haze on a day when there were no clouds. To the south a manufacturing plant located in the middle of relatively undeveloped land, was putting up a stream of smoke that stretched for miles. It was but a small inkling of what was to come. 2. We any height, began to see why there 4. We now flew over the new amherst campus. (In the center oF the photo is the new law school building.) The entire area looked like a gigantic mud pie with sticks piled on it here and there. From the sorry condition of the terrain it was difficult to understand why some of the trees were not left standing instead of converting the area into a mud desert. 6.. .we reached the falls and for a moment forgot the things we had just seen and marvelled at the sight. Then we realised that the water passing over this glorious waterfall contained the discharges from the outflow pipes, the oil slicks, the algae, and many other contaminents which give it that peculiar odor. 5 By this time I was beginning to understand what Professor Reis meant when he said that some things cannot be communicated through textbooks in a classroom: an oil slick drifting down the Niagara river, outflow pipes discharging into the river from each industry, the green-black pattern of algae along the shorelines, and the thousands of smokestakes everywhere. 7.. .We headed back down the river going south. Buffalo a giant cloud of haze hung like a giant canopy. The extent of the pollution was evident when one could hardly see the city at all from above Grand Island, and this, remember, on a clear day. And still the smokestacks churned out more foul pollutants. Over the city of 9.. .The city of Steel, Lackawanna. From the air it looked even worse than from the ground. With no color to relieve the harshness, it was black, grey, and tightly packed. Along side the mills the water looked the worst we had seen it, with large growths of algae and much surface oil and many pollutants. It looked like tand that was dead. 3. "Do you know what a housing development looks like?" Professor Reis had asked before we had taken off. "Can you really see the difference between 10, 100, or 1,000 houses?" From our vantage point I could see what he meant. The tightly packed housed on surburban tracts were reaching out like tentacles into the near virgin woodlands that surrounded them. 8.. .This should be titled Buffalo through the you see above the city is not photography but pollution. (This was taken in bright sunshine on a cloudless day) One of the Haze. The blurring poor students remarked, "The city looks so insignificant." At that Professor Reis turned around and shouted over the sound of the engine "lesson number 1". 10.. .A» the sun started to set lower in the sky it began to turn bright red with grey and yellow streaks across it. The different colored streaks, we were told, represent different chemicals and pollutants in the air. Before the sun had gone down it was completely hidden behind the pollutants. Then as we turned for home we saw several large clouds billow up from the stacks below us, possibly to insure that air travellers tomorrow won't be cheated of the sights we saw today. �September 30, 1971 THE OPINION 5 Summer .lobs Foreign Study ' The Hague Academy Summer Clerking by Michael Montgomery show Law students are inherently poverty stricken, due to books, tuition, the occassional family, and the more-than-occassional philosophical session at the Poor House or the Beef and Ale. This reverse cash flow leads to a great paucity of funds particularly in the summertime. Some people travel or build cottages I give the Coast Guard fits by careening around my sailboatt t.. more in expense. Therefore the need for a summer job. . - - him where things are. fields of law you may never be Attorneys they let stumble able to examine in Law School, for awhile as a tonic for or barely touch upon, be it their egos. The summer clerk bailment, premises liability, or also gets used to using enforcing a divorce decree in a formbooks as the basis for foreign jurisdiction. writing up any instrument he Monetary remuneration may may be assigned lease, be a problem. A law clerk may contract franchise agreement, get paid only $2.00 an hour, - will, or whatever. You may be $80.00 for a full week, or he an ace in contracts, but have no may get lucky and find a slot idea of the proper manner of at $200.00 a week. In any - acquire at Eagle Street where not too modest. Experience on are lucky, and picking their most courses are large group brains. After stumbling around and the only writing is ground for awhile, it is possible to learn out of you on the final exam. where all the records and offices Writing for the delectation of a are in the various Federal, State, sen ior partner will definitely County and City office p vsh you to make a more buildings. The best thing to do careful analysis of what is going the first time you have to go on than you might make at and find something is to get school. This will enable you to into what you think is the right slice through the layers of the section and then adopt an onion to get at the needed facts innocent and lost expression. At for the opposing sides of the least half of that is easy. There case when you get back to are all sorts of white-haired old commercial paper, labor law, or ladies wandering around who are whatever field of interest you more than happy to help a may have. You will find working law student out and Haber The Hague Academy of International Law is perhaps the most prestigious institution involved with international legal studies in the world. Situated adjacent to the International Court of Justice at the Hague, Netherlands, the Academy offers workshops every summer in the areas of public and private international transactions. The proximity of the World Court with its unique facilities provides an ideal setting for a law student to involve himself in research into relevant legal subject fields. Thus, it was with high expectations that I ventured this past summer on a preparing one, having seen in event, money now is not so personal vacation-study program. cases but the vestiges of a job crucial as contacts which you somebody else seems to have can make for obtaining a botched. Fear not, for there is position after graduation for a bound to be somethigh in rather more-than-nominal salary. Bender's, McKinney's, or Am PRACTICAL EXPERIENCE Jure that is sufficiently close to what you are supposed to THE JOB SEARCH There are high-paying jobs prepare that you can fake it availabe such as being a without a great deal of In looking for a summer job, butcher, ha ck-driver, or gas alteration. you might go through Dean station jockey; but a summer Lochner's office, which is job which is most rewarding for LEGAL ANALYSIS presently handling Placement. It the long run is clerking for a might be noted that our local law firm on a full- or Experience in legal writing school's track record for part-time basis, whichever you and analysis is another plus to placement facilities is abysmal. can get. be gained from working for a At any rate, they might be of Clerking is an excellent law firm over the summer. The some help, primarily in advising learning experience. You get mechanics and expertise you on the preparation of a used to talking to other people, developed in writing are hard to proper resume. Be modest, but lawyers and even clients if you by Eugene around yourself learning a lot about Law Review or Moot Court is an excellent calling card, but it is unli k ely that any futu re employer will be fascinated by your collection of early Spanish Inquisition thumbscrews of unless he does a lot collection work. Don't hesitate to use any personal contacts you may have developed, friends of the family, business contacts, golfing friends, anything. Good hunting. Due to the scarcity of jobs in the Buffalo area, you will need it if you plan to work here, so start as early as possible. Like tomorrow. THE CITY The Hague is an its housing of the International City in all respects due International Court of Justice. It mainly to is also a picturesque city with literally hundreds of canals weaving through the numerous parks which account for so much of the Hague's acreage. In addition, the city contains a few small art museums, knows the Dutch Parliament and hosts a variety of tourist attractions; but in no way can it be labeled a major center of European culture or night life. Thus, there are few diversions for the student who seriously desires to involve himself in study. PROGRAM OF STUDY The Academy's program consists of daily lectures by scholars, diplomats and authorities in wide-ranging fields. It runs over a period of six weeks, equally divided between private and public international law. I attended the latter. This year the public law session was anchored by J.E. Fawcett of the Royal Institute of International Affairs, London, who presented fifteen lectures in his general course. Mr. Fawcett used the notion of Jurisdiction, its recognition and delimitation, as a jumping off point to explain new concepts in the public international law field. However, his rather dry and detached manner of speaking made his lectures quite tedious. His rather elementary treatment of the subject matter was not warranted before a student body of high academic quality, and consequently caused many to lose interest in his presentments. In contrast, M. C. R. Dunbar, Dean of the Faculty of Law of the University of Tasmania, gave just treatment to the topic of Sovereign Immunity. His comparative treatment of the subject, between Britain, France and Belgium suggested that domestic courts must break away from the traditional concepts of sovereignty, independence and equality, and recognize that a state today has a profound commercial relationship with private individuals. Mr. Dunbar's appealing manner of speaking made his effort engrossing and was, in this writer's opinion, the best individual showing at the session. - INTERPRETATION OF TREATIES RiGHT ON! Another area of discourse was that of the interpretation of treaties. The Vienna Convention on Treaty Interpretation, which is currently in session, provided the authorities who offered accounts of their experiences in attempting to draft the "Treaty on (continued from page 2) Treaties". Such imminent scholars as F. Capor of the University of it claims to be. Which figures, considering its Clairvaux Prison in France. Clairvaux Naples, who spoke on F.xtention and Supervision of Treaties and is considered background. The NLG was founded in 1937 and by prison authroities as a showpiece prison of the T. O. Elias, Attc.Mcy General of the Federation of Nigeria, who quickly earned the title of "the legal bulwark of French penal system: one of the most modern in gave a simple but lucid explanation on the Validity of Treaties, the Communist party" by HCUA. Since then it the world. Each prisoner has his own cell (central helped to explain the nature of this first attempt to codify the had been dying in festering silence, but with the heating, however ) with hot and cold running Law on the interpretation of treaties. Mr. Elias, by emphasizing in rise of counter revolutionary groups in the past water. He has access to newspapers and his lectures the needs of newly developing nations, showed that few years it has begun to spread again and has a magazines, a common room with radio and law treaties that are now in force between former colonial powers membership of about 3,000. It is involved up to television, and a modern movie theater where and third world nations might be subject to being delcared void. its ears in the San Quentin shoot out, the films are shown before release to the general Attica shoot out, and a massive propaganda public. The food is high quality. Tuesday's menu AREA OF GREATEST INTEREST campaign to freak out the nation through featured stuffed chicken breast with wine sauce. political legal pressure tactics. Those among us, Tuesday also featured a prison riot. Some of The subject area that drew the greatest amount of student and those among the bleeding hearts who feel the prisoners barricaded themselves in one of the interest was that of Disarmament and International Law. The that the real cause of Attica and other prison prison buildings along with two hostages and highlight of the entire program came the first week of the session riots is the "inhumane" climate of prison ought demanded freedom, money and weapons. The when A. S. Fisher, former representative of the United States to to stop for a moment and consider the role of police refused. The hostages were killed, their the SALT talks under the Johnson Administration, and presently wing counter the NLG and other left throats cut by the inmates. The police then Dean of the Georgetown University Law Center, gave two lectures revolutionary gangs in promoting the deaths of stormed the barricades. (Police brutality on U. S. attitudes towards disarmament and arms control. He was guards and prisoners at various institutions, a role everywhere you go, police brutality). So tell me, followed by O. V. Bogdanov from the Institute of International that comes damn close to conspiracy to murder. bleeding hearts, why did they riot. Inhumane Relations, Moscow, who expressed the Soviet viewpoint regarding They might also consider the events at conditions? Or was ii Vietnam? arms delimitations. Noteworthy was the fact that each side seemed to recognize an obligation to disarm but due to the novelty and uniqueness of modern weaponry, methods of disarming has proved WHAT NEWSPAPER REACHES: to be the major stumbling block. I found Mr. Bogdanov surprisingly astute and believed his legal arguments to be quite 6001- U.B. Law School Students faculty and staff. sound. Every Law School in the United States, it's territories, Following Messrs. Fisher and Bogdanov was Professor E. Stein of the Law School of the University of Michigan who objectively and Canada. cateogrized and explained the present status of disarmament by ex1,300+ Alumni posing the present treaties for what they are worth. He showed that the United States and the Senate will only agree to provisions Every 4 year Undergraduate School in New York if they will not weaken their respective military positions. For exState. ample the banning of nuclear type missiles from the ocean floor seems to be an advance toward peace. Yet, if one were to measure the strategic value of such permanent launching pads on the for rates and information call ocean's bottom, which could easily be destroyed by the opposite 852-5009 side, via a vis a submarine that not only could launch nuclear or write type missiles, but has infinitely less chance of being detected, let alone destroyed, it would become rather apparent why the two THE OPINION major powers agreed to ban only the former. Mr. Steins scholary 77 W. Eagle Street discourse, coming on the heels of the expression of the United Buffalo, New York 14202 (continued on page 8) - - • - - - - - - - ADVERTISING - - - �September 30, THE OPINION 6 1971 Interview With Librarian Space and Personnel Problems Plague Library by Otto Matsch even study rooms where people can study and converse together without disturbing the rest of the library the way they now do. The new library will have a staff of at least 25, and Wenger emphasized that there will be plenty for all of them to work on. The new building also has provisions for computer terminals to aid in research. The MEA D E sy stem, now under planning, will be installed if successful, and there will the international and law library in room 109 serendipitous and books will probably have ta the Opinion was be shelved on top of the scarce Through circumstances to obtain an exclusive interview with Larry G. Wenger, the NCOIC of the law school library. Wenger, a graduate of the University of Washington law school and sporting a master's degree in library science from Simmons College, spoke of the library's problems and aspirations with our reporter. He pointed out that less than ten years ago the University of Buffalo law school had one of the smallest law school libraries in the nation, a mere 30,000 volumes, and that it now ranks in the top 25 with a collection 145,000 of approximately able in foreign bookcases in the near future. Another problem is seating space, especially during the 1t AM to 1 PM crunch. There just is no more room for more seats. There is also a shortage of staff personnel. Now numbering thirteen, Wenger said they could use at least four more right away, but that a hiring freeze imposed by the university prevented probably be computerized bibliographies. Wenger insisted that under no circumstances will the terminals tie in with SARA. Another innovation is a special room for listening to tapes and viewing microfilm. [Another this.. example of the shaft from main 1 Five top-rate people have been transferred from other parts of the university library. Four are at work on the volumes, and that after the third floor concentrating on library has installed itself in the student services. A new new building it will boast about reference librarian is organizing 300,000. Just keeping up with our present mess of legislative the increase so far has been a histories, committee reports and big problem for the present other documents into a library. Only about one-half of coherent, easily accessible our books are here in the law system for use by students and school, the rest are either faculty engaged in research. The shelved on the six and seventh budget cut is also impairing floors of the Prudential Building library services. Price increases or in storage at the Bell plant in materials have increased at on Elmwood Avenue. Wenger about 10% per year recently. emphasized that even the books Coupled with a cutback in at Bell are indexed and easily funds the library is cutting back accessible. on the browsing library, current subscriptions and loose leaf For the present the library is services. Wenger added saddled with a number of optimistically that next year, serious problems. Shelf space moving year, the library hopes was increased this summer and to receive extra monies for is expected to be adequate for moving expenses and for back the next eighteen months, by buying to complete collections, which time the new law which will greatly aid research. building will be completed in The back buying will also fill in Amherst (ho ho ho). "As long volumes commandeered by as we don't move too long after hungry scholars. Asked about completion we'll be OK," smiled | book losses through theft campus. Asked about immediate plans for the library Wenger said the main goal this year was to do more in public services through better reference service and with library loans with other libraries in the state university system. The library also plans to work more closely with state bar associations to provide materials for lawyers all over the state that they cannot obtain locally. Already this year the reference services for students have been expanded and extended to Librarian Larry Wenger ponders solutions to the many problems evenings and weekends. Wenger hopes to have a -reference facing the growing library. bibliography for use by students available soon. The present intensive work continues on stolen, that the general case was ! new law building will solve organizing collections and problems. There will be these getting the card catalogue up to that a student simply did not check out the book he (or she) adequate shelf space-about six date. of the floors will be seven removing premises. was from the out An inventory will be taken next dc vo ted to the taw library. So it is onward and upward summer to determine exactly Different collections such as in the law library, with new what is missing and needs to be foreign law and international buildings, new clickity-click replaced. law will tentatively be on gadgets and new students. different floors. There will be Semper excelsior, semper fidelis, Hopefully the move to the hundreds of study carols and semper in situ. . , : Notes Frown Elsewhere < Wenger. But, he added, shelf Wenger advanced space was already getting very that few books the opinion were actually into five states positions open their would be plenty of governmental for neophyte attorneys. Even people on University of Texas Law Review are getting fewer offers. The average Texas Law Forum starting salary for these heroes was about $13,000 FAULT INSURANCE NO the rest of us peasants were down to about Texas is of University $8,400-$ 10,200. Texas is suffering the slowest Dean Page Keeton of the co-author, with Charles CTConnell, of a no-fault employment period in ten years. Women students are insurance plan which is presently before a number of having a particularly difficult problem because by Michael L. Montgomery — > state legislatures for approval. The objective of this employers seem unable to accept women as attorneys, plan is to replace the fault system only partially. Dean and consider there to be a problem of permanence for Keeton proposes to eliminate small claims from the married distaff lawyers who would follow their fault system and guarantee recovery to a victim up to husbands if the moved. a certain amount. Under this plan, the victim is Denver Law Forum University of Denver College of Law guaranteed recovery up to $10,000, exclusive of pain RAPE IS A PANE and suffering. Observant students in Denver noticed a New York 1) Each owner of a car would mandalorily carry insurance for owners and occupants, claims by or case wherein a landlord was held liable for the rape of against whom would be made directly against the a young woman because he allegedly failed to repair a insurance company. The guaranteed protection benefits window through which the rapist entered. This decision replacing negligence actions would apply to bodily opens up potential new avenues of action against slumlords who fail to make essential repairs. My eyes injuries only. 2) Periodic payments would be made as losses occur. glaze over the thought. FACULTY FLUNKS Reimbursement would be limited to net loss collateral sources of recovery, presumably things like Denver is no different than the dismal City of Blue Cross, would be subtracted. The first $100 of Buffalo in professorial tardiness in doling out grades. recovery would be deductible. There would be an Denver is on a four semester syste, and many students assigned claims plan for non-residents, and residents did not find out that they had flunked out until after would receive coverage for out of state injuries. The the beginning of the next quarter. A seven week delay policy holder must provide for damage to others caused is not uncommon. The students propose a two week by negligence, or for his own damage if he is at fault time limit, with one week extensions for unusual proposed by the Automobile A rival plan was situations granted upon petition to faculty student Insurance Association, not representative of the committee with equal representation.a Penalties would majority of the insurance industry. This entailed a complete elimination of the fault system, thus result in a witholding of faculty paychecks. That would hurt. ! eliminating the expensive trial process and recoveries University of North Carolina for pain and suffering. Loss of earnings recovery would Law Record have a limit of $750 per month, but no temporal limit. SOUTHERN HONOR Insurance would follow the car owner and his family, The Law Record from the Tarheel State noted that not the car. Motorists would assume the risk of damage Robert E. Lee and the South, loser in a savage civil to their automobiles. war, would never have countenanced the the brutality PLACEMENT BLUES allegedly committed by Lieutenant Calley. Was not Things are gloomy all over, even in the great land ofi Calley a Georgia boy? Blood runs thin over the passage Texas. Perhaps if they exercized their option to split of time. - : Company's Comin Belgian Students to Visit Law School The Faculty of Law and Jurisprudence of the State University of New York at Buffalo will be the host to 20 Belgian law students and 2 faculty members November 16 through 25. Professor Thomas Buergenthal, George Riede), Jean Hellmann, and William Buscaglia, all members of the International Legal Studies Committee, and Peter Engelhardt met Friday, September 24 to plan the visit and necessary arrangements for their Buffalo stay. The students will attend classes at the law school and observe American jurisprudence in the courts while they are here. Tentative plans call for a tour of the Main Campus and reception, a trip to Niagara Falls, visits to area law firms, and a day in Toronto observing Canadian jurisprudence and legal education. It is hoped that a one day seminar can be arranged on topics relative to international problems the U.S. is involved in. Professor Dr. B. De Schutter, Assistant-Director for the program, has asked that these topics include: United States attitude toward the U.N., the China Problem, and Vietnam and the My Lai case. HELP NEEDED Student help is greatly needed in organizing this visit. One of the greatest areas of need will be that of accommodations for these 20 students. Any student who has extra room for one or two Belgian students please leave your name, address, telephone number, and number of students you can accommodate with George Riedel, room 2161-B, ext. 30. Both faculty and student effort will be needed to help co-ordinate this visit and make it a profitable and meaningful experience for our guests. �September 30, 1971 THE OPINION 7 Sports Ginsburg, Roberts Star As Shysters Wallop Ex-Varsity by Stu Revo, as told to Mike Montgomery lead by U.B. star Rick return superhero for the For the last two years, the Shysters have reached the finals in a 36 team league only to lose by a heartbreaker of one point. This year the Shysters can win the lot with 11 out of 12 last season stars returning and a good stable of rookies to back them up. A substantial indication of the Shyster's unslakeable thirst for victory was the Shyster's big win over what was touted as the best team in the league in their first The Eagles made the first score on a bad Shyster 3rd down and 40 to go. The Eagle Street blitz at squad came back with a circus catch by Stu Revo for four yards. Doug Roberts made the touchdown on a pass from Martin. The Shysters missed the extra point, as they did on every attempted conversion, probably just to keep the morale of their opponents from sinking too low. Ginsburg intercepted an Eagle pass on the next series of plays, followed by a Martin-Ginsburg ballet for the touchdown. The next series was like an instant replay hosted by Howard Cosell as sticky STELLAR TEAM - Wells and Steve Ryan, kickoff defunct University squad. THE GAME game. As far as the team is concerned, Dan Martin is the best quarterback in the league, having been second string for the defunct U.B. Bulls. A super-brainy quarterback with excellent utilization of his secondary receivers Roberts' and Revo, far-sighted Martin gives a terrific uplift to an already spirited team. The second star of the team is the versatile Lee Ginsburg, who plays deep safety on defense, and spells off Stu Revo and Doug Roberts on offensive end. The other offensive members of the team are Bill Peltz and Tom Parmelee as blocking backs, and last year's reserve Don Kaplan demonstrating his expertise at center. The entire defense of last year's stellar team returned intact. The great backfield consists of speedy Bob Livoti, who can run the hundred in less than ten seconds, the greyhound-like Lee Ginsburg, and Vinny Tracy, the biggest and best hatchet man in the league. Tracy plays with abandon, and would run into a wall for fun and bring it down. Jerry Solomon puts in a sterling Stars fingers Ginsburg intercepted another pass for the third SKyster TD against the hapless Eagles. At the end of the half the score was 18-13 after the second Eagles score. The second stanza saw the frustration of a Shyster Four Shysters relax across from Eagle Street building power drive to the one yard line of their opponents, From left: Stu Revo, Bob Livoti, Bill Peltz, Roger followed by a third interception by ace Ginsburg, Stone. leading to the final score of the game on a Martin pass to receiver Roberts. The Shysters switched to a running game to kill the clock and emerged with a victory as a performance as middle-linebacker. The defensive rush heavy favorite to win a well-deserved league consists of Sam Newman, Lonnie Tishman, Roger championship. Stone, and Tom Parmelee, all vying for starting To complement the stellar playing of the Eagle positions. Senior rookie Stone is tough and quick, a Street team the Law Students should attend the games, good asset to match up with the returning aces. which are held on the main campus near Clark Gymn. The opening game of the season, harbinger of many The next game is scheduled for Wednesday, October 6 ensuing victories, pitted the Shysters against the Eagles. with the Sammies as prospective victims. How I Spent My Summer Vacation By Alan Minsker Although he was never knighted, Isambard Kingdon Brunei, the only son of Sir Marc Brunei, was a very brilliant engineer, indeed, possessing an originality and genius at least equal to that of his ennobled father. At the age of twenty-seven, Isambard K. Brunei was in charge of constructing the Great Western Railway from Paddington to Bristol via Uxbridge, Middlesex. Until the construction of the Great Western which began in 1833, all railroads in England, on the Continent, and in the United States of America employed a four foot, eight inch, gauge for an historical reason: Roman chariots and ox carts had spans of four feet eight inches between their wheels. The span had become standardized during the Middle Ages, and no one perceived a need for modifying the length with the advent of engines capable of superequestrian speeds. Since the distance between train wheels was four feet, eight inches, the rail gauge was set to match the engine and cars. While the Roman gauge had proved workable for early ninteenth century railroads, Brunei was convinced it was not the optimum gauge for massive fast-moving trains. Having isolated all the pertinent engineering variables, Brunei concluded that the opt i murn gauge should be seven feet. This would maximize speed, stability, and cargo-carrying ability. Brunei saw to it, therefore, that the Great Western was constructed with seven foot gauge. But the traditio nalists would not succumb to mere rationality, and the "battle of the gauges" was begun. Unfortunately, for the Great Western and the Perm-Central Railroads, after three decades of battle, the four foot, eight inch gaugers prevailed over the seven foot gaugers. All of the original Great Western rail has been dug up, and cut into small sections, borders some of which form a fence whichUniversity the Western side of the Brunei campus. I seriously doubt whether over twenty-five per cent of my fellow law students are aware of this fact. I also seriously doubt whether more than five of the one hundred ten American law students who attended the 1971 Notre Dame Summer Law Program at Uxbridge, Middlesex were aware of this fact either. The latter I truly lament although I am aware of the maxim regarding realistic Isambard expectations. (continued on page 8) •- . . . - ACROSS 1 en 5. defeats 10. ask for, in court 14. nodge podge 15. turn back 16. staple food 17. fasting period Iβ tOIZH* r.hhr 1 gK anions : e d position p »d '"rr in f« r' '" 1 I.111;." 11 (d.n.i 40. leg (slang) 8 46 Waahintton's \\. 100 , „,„ ,„ , , 6 eater g,.ou p 62 n tiye (var 63 Canadian group (abbr.) r It. 29. praised Iα ,„ Crossword No.l 49. fix 61. what's up 52. breakfast treat birli 39 57 58 patt of a husband's estate |etters 60 Greek y, nle 64, 5ntp , unjt "•own"'"'l rabbit , P Mtic wotd 7 connict for Abe Linco n 8. Grend . Mts! je^bord ,„, 44 farmers 46. some poetry of Ughtnlllg j , 31. «p»nge 39. 2 6 12. pituitary hormone 13. aye judge tries not to do 23 look into a caße ,|eck 25 2e kin hotee France 27 28 cho |er 30. game warden's limit 21..what a JSi ffJSS. e6.onebos.,. hicte c Hedges Brigade 9- Di«card, as in pinochle in tennta 10. midweat m Answers will appear in the next edition of All Rifhts Reamed 62. sharpen 63 .eight (pref.) 6< ltad 65. Hindu deity 56. V ot 57. once around the 69. .ununer m Pans The Opinion track �September 30, 1971 THE OPINION 8 BBulETiN oARd ATTENTION ALL PROSPECTIVE MEMBERS OF PHI ALPHADELTA Phi Alpha Delta International Law Fraternity, Carlos Alden Chapter, will be conducting its semester rush program from now thru Monday, October 4, 1971. The Fraternity's activities this year will include a judicial symposium on Nov. 17 involving local members of the bench and bar to be held at a downtown location, an Inns of Court program for those interested in becoming trial attorneys, and a monthly luncheon program with prominent attorneys from the area as guest speakers. Application blanks may be picked up from Shirley's office or by contacting Mark Farrell, Bill Lobbins, or Tim Kane. MARINO BAR REVIEW COURSE WORI WORK STUDY OR NATIONAL LOANS DEFENSE LOANS The Financial Aid Office on Main Campus has The Marino Bar Review course will be given here during this semester starting in January for those taking notified us that all students who have not accepted awards may have the N.Y. Bar Exam in March. Tapes will start within their work study or national defense the next two weeks (Two tapes a week, choice of 2 their awards withdrawn. The deadline for accepting your is and award noted on award notice. your for both fall day). times a The Cost is $185.00 With the current pressure for the limited funds spring sessions. A check can be left with Shirley. For available, the office, if not notified of your intentions, information contact Larry Schapiro. may allocate the monie to other needy students. Please that insure that you notify the office in writing you plan to accept or reject your award. National Defense your In order to find out if Loan Check has arrived call 831-4735. - - SCOMENT PEAKER THE ADVOCATE (YEARBOOK) Any senior who wishes to suggest a graduation speaker leave his or her suggestion office before Friday, October 1. All persons who have indicated in the past or are presently interested in working on The Advocate please contact Mark Farrell at the earliest possible date so may in the .box at Shirley's REQUIREMENTS GRADUTION following schedule contains the revised graduation requirements for all classes. FIRST YEAR (Class of 1974) The following courses are required for first year students in the Fall Semester: Contracts(a), Criminal The LAW SCHOOL SERVICES FUND PROGRAM One of the activities of the ABA Law Student for the 1971-72 school year will be the Law Services Fund Program. This year the Law Division School Student wdl be Division has approximately $20,000 which allocated via this program on a matching-fund grant basis to law school projects. By means of these grants, the Divison expects to encourage the implementation PROFESSOR'S OFFICE HOURS and expansion of student projects by law schools and Professor's hours which were not listed in the last organized bar associations. Opinion include: Last year the Law Student Division, through this program, was able to materially aid such projects as: a DONEGAN, Charles 604 Tues., Thurs.', Fri. 3-5 national environmental conference, legal aid clinics, speakers programs, legal services to federal inmates, Open hours will be posted KAPLAN, Milton 636 consumer education and legal aid programs, a every week in Room 638 symposium of Indian legal problems, Model Court Rule GREINER, William I lth Fl. Appointments through Law, Property, Torts(a), and Legal Research. For the Spring Semester, first year students are required to take Civil Procedure(a), Contracts(b), Torts(b), a Seminar, and an elective, which can be either Administrative Law, Constitutional Law(a), or Environmental Management. All courses carry three (3) hours credit except Criminal Law (4), and Legal Research(l). SECOND AND THIRD YEARS Required courses in the second and third years are: Constitutional Law(a), (fall or spring semester of second year if not taken during 1971 summer session); Taxation*a),(either semester of second or third year); and a Seminar(during second or third year). All courses carry three (3) hours credit. projects, and a juvenile probation program. With an sectv Prud. expanded budget, the program should be tremendously REQUIRED HOURS effective this year. A minimum of twelve(l2) hours must be taken each plus an additional six(6) hours over two THREE OR FOUR YEAR PROGRAM SWITCHES semester, Application deadlines are as follows: semesters. The maximum number of hours allowed per The Court of Appeals sets standards for graduation semester is fifteen* 15). The total number of hours Dates under the four year and the three year programs. Not required during the second and third years is fifty-four Type of Application October 25, 1971 One year projects and projects only are there hours of class work which must be (54). satisfied but, in addition, the student must remain in for the fall semester. FONHRUEMDG BFS RADUATION residence a certain number of weeks. Students who The total number of hours taken needed for February 2, 1972 Projects for the spring semester. switch from one to the other program should graduation for each class is as follows: One day projects and projects April 1, 1972 understand that, though they may be able to fulfill less than one month. Class of 1972 80 hours credit requirements, they may not fulfill the Class of 1973 81 hours residence-weeks requirements. It is recommended that Class of 1974 83 hours students with questions about whether they have Of these hours taken, it is necessary that students in Information is available either from The Opinion or the successfully completed residence requirements should all classes have successfully completed seventy-two(72) ABA Law Student Division representative, Mark Farrell. see the Registrar. credit hours. -- - Hague (continued from Summer Vacation page S) States and Soviet views, (continued from page 7) proved to be an effective scheme for understanding the problems involved in "saving our children from the scourge of war." geography, VALUE OF SESSION In retrospect, the session at the Hague can be an invaluable experience for any law student. Yet it was outside the lecture hall, in the lounges, at the lunch tables and at the receptions that the true exchange of ideas took place. The ascertainment of a foreigner's views on current world problems at a tete-atete level really made attendance of the session worthwhile. However, one should be forewarned that if he plans to attend the Hague Academy with "vacation first" in his mind, he will be greatly disappointed. Quite simply, there is much to be gained for the - was law school like in England?", Law and Tec hnology by David Link, and ask. Well, 1 can describe the facilities, International Business Transactions were two and courses offered, but any further unique courses prepared especially for the comments must be purely subjective. summer program. Both were taught by the As you might have already deducted, the "problem method" rather than the traditional program was held at Brunei University which is casebook method. In IBT, this meant writing a located on the outskirts of Uxbridge, paper on how one might go about setting up Middlesex. Uxbridge is a small community a foreign corporation (justifying the roughly ten miles West of the center of manufacture of a particular in a given country London. was generally the subject of the papers). Law The University is the most recently and Technology dealt with the impact of chartered institution in England. It has three computers on the law. As part of the course, halls of residence, a student union, a classroom a demonstration was given in which a building, and two libraries. The overall computer in London communicated with a archetextural impression is similar to that of a computer in Ohio to search out certain aspects typical small American campus. The institution of Ohio tax law. Rating the overall program is very difficult offers degrees in engineering, social science, and law. and very subjective. [ believe that everyone The summer program (which was not part had mixed feelings about its success. Living in of the Brunei curriculum but rather a creation England, the contributions of the barristers, of Notre Dame Law School, Notre Dame, and the quality of the courses were definite Indiana) offered seven courses taught by three pluses. The partial isolation of the Brunei American professors and three English campus, and the attitudes of many of the barristers: British Land Use Systems by John American law students were possibly minuses. Devlon, English and American Criminal Another factor, which would affect only New Procedure by Kenneth Delevons, Trusts by York students, is the difficulty of having the George W. Keeton, Federal Courts by Peter credits accepted by the Court of Appeals for Thornton, Negotiable Instruments by Murphy, the purpose of residency. "What you serious minded student who plans to devote his full attention to the daily lectures. This is not to say that all of one's time need be spent at study, for there are various pleasurable activities available, in and around The Hague, but the atmosphere is one for work and not play. Anyone interested in the program should write to the Hague Academy of International Law, The Peace Palace, The Hague, Netherlands for a bulletin of information and an application for attendance. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1971-09-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/30/1971 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/20b3858af59c1e33aca14ff7874d9468.pdf 771562f6f7bbdd7c7ca7ce13436f1681 PDF Text Text US.rort»e ItoOpWoa 77WMlE*|>St. PAID BUFFALO, N.Y. PBWarNO.7OB Brihlo.NtwYoikUaa Volume 12, No. 1 THEOPINION State University of New York at Buffalo School of Law September 21, 1971 Registration Problems Foil Students BY MICHAEL MONTGOMERY SARA my love, you done me wrong Fortran snores are sounding 100 strong The cards ran through and gave me the screw SARA my love I abominate you. The present registration University's Master Plan, which fiasco was the subject of an calls for 800 student bodies impromptu talk given to the by 1972. Greiner noted, in SBA and students at large by response to one of many Assistant Provost William pointed questions, that the Greiner, accompanied by administration has not Audrey Koscielniak, the Law reciprocated with more faculty School's ambassadress to appointments and administrative SARA, the great God machine support while the Law School and registration computer adhered to the Master Plan's system. The initial comments growth dictates. In two years of Greiner's qua i si-apologia, the number of students has delivered in a rather overblown increased by 50%, while manner, were centered around faculty increases the unprecedented rise in conteporaneous with a student population coupled considerable decrease in with general administration experience and quality. The unpreparedness and Provost, the Dean, the Assist. inexperience. The present Dean, the Registrar, and the student enrollment at Eagle Librarian have all resigned for Street is approximately 615, various reasons, often with *ith. 200+ freshmen, 230 little or no warning, no time juniors, and 188 seniors. This to train replacements, and no is the largest enrollment in program of training which the history, of the school; the looked to the likelihood that phenomenally large upper academic personnel wander and division of 418 reflects an change like the sands of the increase of 80 juniors and desert and have to be seniors over last year. Greiner replaced. Greiner admitted that predicted a population of many of the administrative similar proportions for the replacements are not qualified ensuing years, considerably and have no expertise. When taxing the overcrowded asked whether lack of contact facilities into which we are or influence with the main pr c se ntly packed like choice campus or Albany was a Brisling sardines. This increase factor behind the nonexistence is attributed to the return of of a solid basis of 35 former freshmen whose adm i nistrative support or studies were deferred for a personnel, despite the fact that graduate course in leadership the Law School is one of the for Uncle Ugly Bird, and to 7 golden Faculties, Greiner the Law School's attempt to declined to comment, rather respond to requests from the than slander someone or central administration to venture into rank speculation. In regard to the present continue increasing the number of students enrolled as per the shambles, in which students . IN THIS ISSUE: Right On! A new column by Otto Matsch How To Catch Your Favorite (?) Prof. Office hours revealed! New Faces Who is that man? page two page three page four Law Review Where is it going? Pace Natural Foods The Grider Food Collective page six Bulletin Board What's going on here? ,lye page eight Students puzzle over computer registration forms on the 11th floor of the Prudential Buildine. admitted to courses are summarily eliminated, and find themselves permanently registered in few, ny, of their original if a choices: There was a 60% increase in freshman applications, 1700 in total. The inexperienced new staff was preoccupied with admissions and was concerned only secondarily with registration. When the information packet was prepared, it was assumed that the computer process and format was simple and clear. Assumptions of such lucidity were clearly unfounded. No size limit was put on restricted enrollment classes to indicate chances of admittance. The computer was not many programmed to give preference to Seniors. Somebody neglected to mention that conflicts was open only to Seniors, a practice which will throw a heavy burden on the spring semester offering of that course. Jay Bieiat questioned the possibility of senior preference in remedying the mixup. Such a ''carte blance" was considered impossible. In response to a query concerning the lack of a plan for more substantive Bar courses, open in both spring and fall, to forestall the inability of many seniors to take with budgetary blocks for expansion. No adequate response was obtained to the questioning of course n 11c 11111;:, like philosophy of Law, American Legal History, and some of the more esoteric seminars, rather than substantive Bar courses, except that somebody considered the curriculum and course courses actually offered to be planning, and which accepted. significant. The function of the Faculty Gene Coffin and Lee of Law and Jurisprudence is faculty Ginsburg felt that apparently a less than total members teaching on the main committment to the JD campus were wasted when program, and on-cam pus personnel problems are so courses are considered to be desperate downtown. Greiner useful as an indication of said that the central need of greater faculty administration urged this resources due to heavy program on the faculty, which (continued on page 7) is totally responsible for Attica Petition Presented The following petition was submitted to the Student Bar Association at a meeting held on Friday, September 17, dealing with the attitude of faculty and students at Eagle Street to Ihe Attica uprising. We, the undersigned students and faculty at U.B. Law School, in reference to the recent tragedy at the Attica Correctional Facility, do state and support the following: 1. The value of human life - - both that of guard and should have been supreme at all times and should not have been sacrificed to concepts of penal order. 2. The rebellious actions of the prisoners involved were a prisoner direct result of the deplorable conditions of the New York State Correctional System in general, and of Attica in particular. The conditions noted by the prisoners in their negotiating demands have been brought to the attention of the responsible authorities many times in the past by concerned at Auburn individuals and by past incidents of this nature State Prison and at The Tombs in New York City. 3. We condemn the actions of the authorities, under the direction of Gov. Rockefeller and his appointee, Commissioner Oswald, as a rash inhuman and precipitate tactic. The killings at Attica were the result of a blind assertion of authority at the expense of human life. What would have been the cost of further negotiations? When human lives are at stake, it is an outrage for the State to make any issue non-negotiatiable. An elemental regard for human life requires that all possible means to a solution be exhausted before a resort to force inevitably leading to the deaths of many. 4. The reforms, conceded by Commissioner Oswald must be implemented. These reforms are long overdue. The time has come for our penal system to recognize the basic human rights of prisoners. — — - �September 21, 1971 THE OPINION 2 Editorial RiGHT ON! Second Class Students The fiasco of registration this semester, bad as it was, in truth is but one more sign of the disregard of the faculty, the administration, and Albany of the needs of the present student body of the Faculty of Law and Jurisprudence. It is bad enough that students have to bear the problems of an overcrowded and obsolete physical plant, the pains of expansion, and the frustration of working with a constantly changing and inefficient administrative staff. The situation becomes even worse when one realizes that the present law students are compelled to pay the highest tuition fees of any facility in the State University system. But this is not all! According to the plans for the expansion of the of Law and Jurisprudence, a certain number of new faculty members were to be hired each year. The purpose of this was twofold: to accommodate the increasing number of students in the professional program and reduce class sizes, and to allow a number of the faculty to participate in the undergraduate legal studies program which began in 1967. The failure of the administration and Albany to continue the expansion of the faculty, while continuing to expand the undergraduate program, has led to the present large class sizes and lack of important course offerings. Thus the poor law student suffers again from the poor planning and buck passing that has characterized the expansion program from the beginning. An important part of this problem is the willingness of the schools' administration to bow to Albany's desires that the undergraduate program continue to expand while the ranks of those teaching in the professional program remain depleted. It seems that in this area, as in all the others, the present occupants of the Faculty of Law and Jurisprudence are indeed second class students. Faculty LETTERS TO THE EDITOR Letters are welcome from students, faculty, alumni, and others. The Opinion reserves the to shorten letters too lengthy to print in right their entirety. Please limit letters to two Opinion, 77 typewritten pages. Send to: The West Eagle Street, Buffalo, 14202. Anonymous letters will not be published. Legal Studies at UB Grow z from the Erie An experiment that began in 1967 h« been so successful that the Faculty of Law and Jurisprudence of the State University of Buffalo is Reprinted considering offering degrees to students i who do not intend to practice law. For instance, says a Law Faculty member, a degree might be offered for teachers and social scientists who need to know a good deal of taw for a specialty in their profession. It has been suggested that policemen and social workers also might benefit from such courses. Law courses for undergraduates began from the premise that most persons know little about the law. In an effort to let law become part of an undergraduate's "intellectual equipment," the Law Faculty has expanded undergraduate offerings to the point that it has become a national leader in this field. "This is the first time a law school has made a concerted effort to develop a full v n dc rgraduate program," says Prof. Robert 1. Reis, who came to U. B. because of the prospect of teaching undergraduates. County Bar Newsletter undergraduates, "Introduction to Law and theLegal Process." Since 1967 the course, also known as Law 201, has been offered at least once or twice a year and sometimes in Summer Sessions. Other courses have been added until now at least five undergraduate courses are offered each year. Courses have dealt with issues of the day Women and the Law, Drugs and the Law, Resource Allocation as well as with more basic areas such as Criminal Law. The law faculty's aim is to "introduce undergraduates to law and legal reasoning, to the - problems that lawyers think about, to the functions and limitations of law and legal processes," explains Prof. Greiner. "The coursesare more to give people a feel for what are legal issues, " he adds. "I don't think students should expect that these courses will help them into law school or help them if they go to law school," says Prof. Robert B. Fleming, the University Advocate. Prof. Fleming taught Introduction to Law last semester. All the professors agree that Prof. William R. Greiner, teaching undergraduates is exciting. "It's a benefit to us," says Prof. Greiner. "You find you're teaching a pretty serious and dedicated bunch." chairman of the Legal Studies Program, recalls that the effort began four years ago when he was asked to teach a single course for by Otto Matsch Normalizing Relations With Mao Ever since Mao and his inscrutable minions ousted the government of China from the mainland the howl has gone up from se 1f-styled liberals, apologists for communism, "Old China Hands" and folks who call each other intellectuals because no one else will that the United States should grant diplomatic recognition to Mao's regime. None of them have ever given a valid reason for doing so. All of them shirk off the tendencies of Mao to kill every Chinese who dreams of freedom and everyone else within 10 meters of that infected person. Between 34 and 64 million Chinese have been exterminated by way of giving flesh to the thoughts of Chairman Mao, a figure which so staggers the imagination as to render it horrible beyond comprehension. [But don't you see, the revolution is good for the people, and these 34 to 64 million were in the way of the revolution, and you can't make omelets without breaking heads 1 mean eggs, and watch your mouth or you'll be next.] But aside from Mao's humanitarian instincts and all the nice things he has done for China the other arguments for recognition are typically vacuous, as befits their source. For example, there is the one about how stable the regime is, and how they have held power all this time and will forever and ever, so we may as well admit it and go ahead and recognize them. Bear in mind that these are the same people who are saying we should boycott Spain and Greece and Rhodesia and South Africa because the folks there are nasty and mean and never mind the stability of those governments. But even without this quirk the argument fails for the simple reason that it is no argument at all. So the commies are in power. So what? There is no requirement either in the laws — or traditions that America should exchange ambassadors with every bandit and self proclaimed dictator in the world simply because he exists, especially when hostile. Perhaps not, smile our undertakers, but the government of Mao is the legitimate government of China. We have always, well almost always, had relations with China, so we should now carry out that fine and noble tradition and extend the hand of friendship to China. It is true, we answer, that we have long recognized the legitimate government of China, and in fact we still do. That government is now temporarily located in the province of Taiwan. The fact is that Mao is not the legitimate ruler of China, he is the leader of the war mongering clique that has conquered most of China, but that no more legitimizes his rule than the conquest of France made Hitler the Premier of France. Also, it is important to remember that it was American interference into the Chinese civil war that resulted in the loss of the mainland to the barbarians; we should not compound our folly by now betraying the people of China once again. But, snarl our detractors, we can't ignore 800 million people. We answer serenely that we are not ignoring them, but recognizing their plight. We are refusing to grant diplomatic recognition to the war lords who are the illegitmate slave masters of the people. Since the Peking junta does not represent the people of China, recognition of the junta would serve only to entrench the power of the overlords by granting them the appearance of legitmacy they so ardently desire. Further, because of this lack of representation by the regime there is no syllogistic relationship between refusing to recognize the feudal Peking monsters and ignoring the 800 million sorely oppressed TBE Chinese. Let's take a look at the regime that the counter-revolutionaries would have the United States "normalize" relations with. It is a regime that has murdered more people than Genghis Khan ever dreamed of ruling, a regime that has invaded all of its neighbors since seizing power: Korea, Tibet, India, Laos and has even had border disputes with its comrades to the north and west. Red China has fostered and promoted subversion and insurrection in most Asian countries: Thailand, Laos, Cambodia, Burma, Pakistan, ilndia, Malaya, Ceylon, Vietnam, Indonesia and the Phillipines. The Red Chinese have guerrilla training camps in Tanzania, and Maoist guerillas operate in Mozambique, Angola, Cabinda, and Bissau-Guinea. In the United States, Peking directs through funding and instruction the Progressive Labor Party, the successor to the old SDS, and other Maoist ter r orist groups. All of this has been for the sole purpose of gratifying the maniacal blood lust of the Peking regime, and here in America fools call for peace and love in the same breath that they declare their sincere and he arfelt prayers that Anerica wilt open her bosom to Uncles Mao and Chou who've been out in the cold entirely too long. All we have to do, they emote, is talk nicely to the wise men from the east, and they will suddenly mellow and stop calling us "Wall Street lackeys" and "running dogs of imperialism." Instead, they will call us friends and send us ping pong balls for Christinas, and stick us with pins. Most of China's neighbors, with the exceptions of Tibet, which is already occupied, the Republic of Korea and Indonesia, have had "normalized" relations with Red China for years and years, but none of them have (continued on page 6) OPINION Vol. 12, No. 1 September 21,1971 - Editor-in-Chief JohnR. Samuelson Assistant Editor Vacant Managing Editor George Ricdel News Editor Vacant Article Editor Mike Montgomery S.B.A. Editor Vacant Feature Editor Vacant Photography Editor Samuel Fried -- - - - Production Manager Vacant Business Manager Vacant — - Staff writers Jeff Spencer, Rosalie Stoll, Alan Snyder. Columnist Otto Matsch Contributors Alan Minsker, Richard Evans, Jack Gutkin, JosephDiNardo. Photographers Samuel Fried, Rosalie Stoll. The Opinion is published every other week except for vacations during the academic year. It is the student newspaper of the State University of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The views expressed in this paper are not necessarily those of the Editorial Board or staff ofThe Opinion. The Opinion is a non-profit organization. Thrid cass postage entered at Buffalo, New York. �September 21, 1971 THE OPINION 3 S B A 1971-72 Committees Admissions Committee Richard Evans DeborahLewis Linda Cleveland Appointments Committee Bob Wall Herbie Greenman Student Affairs Committee JeromeRichardson Nelson Zakia Spoken Committee Summer SchoolLiaison Committee Gene Goffin Larry Brewer Law School Liaison Committee Tim Kane MarkParrell Library Policy Committee Election Committee John Blair Slully Gould Richard Weinberg Scholarships and Awards Finance Committee AlanLiebowitz Tom Sellers Law and Jurisprudence Leslie Greenbaum John Blair Mike Montgomery Graduation Committee Curriculum Committee RobertBarber Mike Place Minority Student Program Committee (deferred) Social Committee Dan/Ward Jerf Spencer JohirAnderson (deferred) Grading Committee Researchand Special Programs Committee Shelly Gould John Bulger John Hayden Terry DiFillippo ContinuingLegal Education Committee Scholastic Standing Mike Stachowski Jean Hillrnan Rose Hamlin Richard Clark ProL f. ist The interaction between faculty and students has become one of the most important facets of SUNY/B Law School. If a student is having a particular problem in class with the professor, it is vital that a personal non-classroom type of ci.inithi nication be available. Professors are aware of these problems and, despite large classes, all faculty members spoken to indicated a willingness and readiness to discuss relevant issues with students. To this end, the following professors* will be in their offices and accessible to interested students: International Legal Studies Committee George Reidel JeanHellmann William Buscaglia Policy Committee PeterClark Jim Kmse MikeDziak JayBielak Bill Hamilton Placement Committee Jerry Grace Jim KrU9e Bob Wall Lionel Davis Gene Coffin Tom Brett Break the Mystique The Bar Exam Examined This paper is primarily the product of one person's experience with the July 1971 Bar Exam and the P.L.I, bar review course. It is presented by Concerned Law Students in order to acquaint people with the mechanics of the exam and to raise some fundamental questions concerning the exam. The review sessions consist of tapes which are taped live in NYC. This usually presents some problems for people unfamiliar with New York accents. The tapes are used in 3-6 hr. sessions each day, five days a week. They cover all the projected subjects and supplement your bar review notes. Every day, except Wed. and ATLESON, James Rm. 632 The subject matter of the bar exam, and MECHANICS OF THE EXAM thus the two review courses, is almost all areas appt. during classes. No nee. Through appointment 634 of NY law. The courses will supply you with BUERGNETHAL, The N.Y. bar exam is perhaps the toughest detailed written outlines on the following areas: Thomas with Mrs. Walker, scty. of all the state bar exams. It embodies almost 1. NY Practice 11. Suretyship Most times between 10 DAVIDSON, Kenneth 742 all aspects of N.Y. law. The exam is and 5:30, except classes. Federal Jurisdiction 12. Sales in March and July of each year. 2. conducted 13. Federal Tax No appointment nee. Wills Each applicant can only take the exam once 3. 4. Evidence 14. Equity 736 Mon. DELCOTTO, Louis Th. 10-4, Fri.?, in each year. 15. Administrative Law Partnerships and except classes. No appt. 5. The exam is a two day affair. There are necessary. Corporations two VAht. sessions each day, totaling 14 hours 604 Most times except classes. DONEGAN, Charles of the worst moments in your life. Each 6. Bailments and ig. Commercial papers No appt. nee. session consists of three essay questions and Insurance ]9. Torts 626 FLEMING, Robert All day except classes. No objective questions for a total of J 2 7. Criminal Law about 40 20. Secured Transactions appt. nee. essay and 160 objective questions for the two 8. Real Property Trusts 21. Mondays. at be school on FRANKLIN, Mitchell 642 Will days. Bankruptcy 9. Domestic Relations 22. Most times 10-4:30 except GALANTER, Marc 722 The objective questions consist of true and 10. Contracts 23. Conflicts classes. false and multiple choice. In each session, No appt. nee. there are about 30 true and false and 10 WHAT'S STRESSED ON EXAMS 630 Most times 9:30-5 except GIFFORD, Daniel N.Y. Practice and Evidence make up about multiple choice questions. The multiple choice classes. are worth more than the true and false [Vh 1/3 of the exam. Thus, Civil Procedure is very important. Wacktel's handbook on the CPLR is No appt. nee. points to I]. GIRTH, Marjorie Most times during the day. The essay questions are different from the best text for preparation for the 724 644 Call and make appt. GOLDSTEIN, Paul "normal" law school examquestions. The bar procedural part of the exam. The first 250 640 Most times 9-5 except classes. GORDON, Robert exam questions are verbose the problems are pages are very important. No appt. nee. overstated to get the point across. Regular law As a rule, there is very little criminal, HOLLEY, Dannye 620 3-5 Mon.. 1-3 Wed. school exam questions are more concise, with constitutional, or labor law on the exam. In No appt. nee. each sentence having a particular meaning. The July, there were two essay questions dealing Bar Examiners expect particular, specific with criminal and constitutional law. Always available to HOMBURGER, Adolf 624 answers to each essay question. The people Commercial subjects are stressed. students, but prefer appts. prefer appts. who correct the question are given model ANALYSIS Many people are now questioning the Most times during the answers which are heavily relied on. An JOYCE, Kenneth 744 day except classes. applicant may deviate from that model, but relevancy of the bar exam. What function does No appt. nee. only at the risk of losing, or at least not it serve in myth and in reality? How does what you learn at Buffalo Law School prepare gaining points. 600 KATZ, Al Wed.-Fri., except classes, or by you to take the exam? What alternatives are appt. The best method of answering the essays there to the present system? is to analyze the problem only in light of the 608 Most times during KELLEY, Patrick First, the biggest myth about the bar questions they essay. specific the day except classes. No ask in the First, is that it somehow separates the appt. nee. state your answers to the specific questions exam qualified from the unqualified, Since the exam KOCHERY, David All hours except 718 and then state and analyze the law and facts essentially test memorization of trivia, this is classes. No appt. nee. in a concise manner. not the real function of the bar 618 LAUFER, Joseph "I'm always free for students." The student applies for the exam just after obviously Rather, it can be viewed as an appt. No graduation. The applicant will receive an exam. nee. exclusionary, final screening device. After 1128 Tentatively 1-5 every LOCHNER, Philip entrance ticket for the exam about a week competing to get into, first, college, and then day. No appt. nee. before the exam. The ticket must be presented law school, assuming that you can afford to 602 Most times Mon., Tue., MANAK, James in order to enter the exam and it contains pay the rising educational costs, the applicant Th. 9-3 Wed., Fri. 9-5 No appt your examination number. The July 1971 exam for bar must pass one final hurdle. It is nee. was held in a large hall at the Cordon Bleu very the effective at keeping the hordes out. Too 720 Wed. morning, no appt. nee, Restaurant in Cheektowaga. Each applicant is many new lawyers world mean undesirable MANN, Howard assigned by his/her exam number to a table competition Mon. morning by appt. for those already admitted to the 740 11:30-1:00 Mon., Tue., and Th. where his/her material will be. club. RICKERT, Thomas except the subjects tested on the exam day Secondly, 734 REIS, Robert Tue., Wed., All Th. THE BAR REVIEW COURSE classes. No appt. nee. are those which the traditionally oriented, to Every day 9:30-5 except 610 TEITELBAUM, Lee The normal student will be required to money-making, serve-t he-rich lawyer needs on classes. No appt. nee. put in weeks of work memorizing outlines of know. The law student who concentrates various details of NY law. It is wise, probably poverty law, criminal law, civil rights law, or The following professors are on sabbatical: absol v tely necessary, to take a bar review constitutional law is at a distinct disadvantage. forced, out of course. Bar review courses are offered at $200 Why should such students be courses in law 726 HYMAN, Jacob per six week session by Practicing Law necessity, to take commercial No regular hours, but will be 606 NEWHOUSE, Wade Institute and Marino, both of which are school? prepare you working out of office. in any Does the law school private, profit-making groups. Marino offers the 730 No regular hours, but will be SWARTZ, Louis student the possibility of taking the same way to take the bar exam? At Buffalo.the pride thinking in around office. course twice, once in the spring of the senior facultytheytike to students themselves how to "think like a teach year and again for six weeks before the exam that (continued on page 7) '"Unlisted professors will be listed in the next Opinion. in July. - ' . J* *" �September THE OPINION 4 21, 1971 Faculty ExpAi\ds NEw FAcEs DEbuT AT LAw ScHool Five full-time professors have been added this fall to the law school faculty. They include a Visiting Professor of Law and Social Sciences, Marc Galanter, and four Assistant Professors, Robert W. Gordon, Dannye R. Hoiley, Patrick L. Kelley and Stephen M. Marx. Although Mr. Marx has not yet arrived, these additional faculty members are expected to bring new and viable ideas to the law school. - and it is hoped that pronounced interest in certain areas can be encouraged. Professor Galanter has authored numerous books and articles on Indian law and comparative law, including publications in the American Journal of Sociology and the Journal of Asian Studies. Professor Galanter wUI be available in his office, 722 Prudential, most times during the day. A former Newsweek reporter and Harvard Law School graduate, Robert W. Gordon is currently teaching a seminar in Legal History. With a small class, Mr. Gordon hopes to pursue an individualized approach. The course will deal with Nineteenth Century law, and the point of the course will be to give a perspective and background to current social problems; once you get through the language of the old cases you can find their relevancy. Mr. Gordon will be teaching the second half of Contracts in the spring semester. Robert Gordon Professor Galanter, a graduate oi the University of Chicago Law School, is currently teaching Law and Social Change and will teach American Legal System and a seminar on Legal Remedies in the spring. Law and Social Change is primarily concerned with the sociology of law and the search for explanations rather than for express rules. Law as a product of social change as well as a source of change will be discussed. There is much literature available in this Held LEGAL STUDIES COMMITTEE MEETS The International Legal Studies Committee May and approved two proposals drafted by George E. Riedel, Jr. student representative on the committee. The proposals call for one, the establishment of a summer program to be held in Strasbourg, France at the International Institute of Human Rights. The Institute will be for three weeks in France each summer with two weeks of preparation work in Buffalo required of each student who participates in the program. The second proposal adopted called for the establishment of an L.L.M. program in I nternationa) Law at the Law School. This program would be arranged so that any student could receive his JD and at the same time an L.L.M. as a joint degree. In addition to the requirements for a JD a student would be required to attend two summers and take other programs of study to be developed by the Committee. These proposals will be submitted to the Provost shortly when final details are worked out by the chairman Professor Thomas Buergenthal and Mr. Riedel. The Committee went on record also to help in any way possible the International Moot Court in obtaining a charter from the Association of Student International Law Societies. Mr. Peter Bush, of the Moot Court Board, presented a proposal which was adopted by the committee and forwarded to the Administration calling for the reimbursements of expenses for students who participated in the Jessup International Law Moot Court Competition in Albany, N.Y. Other items included discussion of future lecturers, a possible colloquia in International Studies and Scholarship money. The Committee will meet early this semester to take up several issues that have developed over the summer and will consider scnveral new proposals for this year. met last Patrick Kelly Many seniors remember Assist. Professor Dannye R. Hoiley, a recent graduate SUNY/Buffaio Law School who has since been a graduate fellow at the University of California Law School, Berkely. Mr. Holley's main approach in his Criminal Law course is showing and proving to the class that the entire idea of relevancy can be captured and viewed within the confines of a traditional Criminal Law course. Action as well as inaction can be constructive and social relevancy can be. seen in a statute as well as the failure to enact a statute. Written Marc Galanter law as a response to social conditions. Tort law will be viewed as an alive, steadily-growing body. Mr. Kelley, a Harvard Law School graduate, will be teaching Torts both semesters and a seminar in tax policy in the spring. In the classroom, Mr. Kelley hopes to employ a back-and-forth technique and to avoid straight lecturing. The tax policy seminar will aim at showing the relevancy of tax law to current problems as well as the traditional concerns of the law. Mr. Kelley has Dannye Holley published articles in the National Tax Journal and the American Journal of class projects (which will be weightd) International Law. will be used to illustrate material Stephen M. Marx, Assistant covered and a practice exam will be given. In the spring, Mr. Holley will Professor, will be teaching a seminar be teaching Conflicts and in C omputer Science and Law and researching the uses of computers in Administrative Law. Assistant Professor Patrick L. Kelley legal education. Mr. Marx has an is interested in how the law of torts extensive background in both the legal has evolved historically in the common and computer sciences fields. news Briefs MOOT COURT BEGINS YEAR The Moot Court Board is once again ready enter the appellate courtroom as its fourteen members, under the Chairmanship of Richard Evans, prepare to enter various moot court competitions among law schools throughout the East Coast, Canada, and the United States. The three Board members who are presently preparing themselves for the National Moot Court Competition, tentatively scheduled for November 19th and 20th in Syracuse, New York, are John Blair, David Klein, and Richard Steiner. The hypothetical case on which the trio will write an appellate brief and present oral argument involves an Army massacre of Vietnamese civilians in a small hamlet. The legal issue involved is whether the federal courts may assume jurisdiction of the matter brought by a writ of habeus corpus by the lieutenant accused of the crime and found guilty by a military court-martial. Furthermore, the question arises as to the rights of a defendant tried under military law and whether full due process is afforded such an individual. For interested freshmen and junior U.B. law students, the Board is organizing a Moot Court Workshop, planned for mid-October, where local practicing attorneys engaged in appellate practice will present informative lectures on the preparation of briefs and the procedure of making oral argument on appeal. There will also be a session of the Workshop devoted to an actual demonstration of appellate to argument As explained by Mr. Evans, the purpose of the Workshop is to aid those law students who anticipate competing in the annual Desmond Moot Court Competition, from which future Board members are selected, in readying themselves for the event scheduled for the first week of December. This year the Desmond problem, being prepared by Robert Allen, Bill McTieman, Bill Peltz, and Issac Fromm, will concern the new statute in the State of New York regarding eavesdropping and the Constitutional ramifications of its application in the criminal law. The problem will be ready for distribution in early October and Mr. Evans is urging all freshmen and junior students to contact the Moot Court Office to obtain specific details and information concerning participation in Moot Court activities at the Law School. LEGAL OBSERVERS MEET On September IS, the Legal Observors held its first meeting for the 1971-72 school year. The basic purpose of the group and operating procedures were discussed with new members. The main function of the Observors is to provide the community with objective reports concerning events such as demonstrations or pamphleteering which have involved confrontations between the police and participants or between groups of participants. In addition, Observors will attempt to obtain the names of any persons arrested, and eyewitnesses will be available to testify at the trial of the person arrested. Each member of the Legal Observors was informed that his primary responsibilities are: (1) To observe what is happening (2) To make written reports concerning what has happened (3) To identify eyewitnesses and take their statements. The members are not to give legal advice to anyone requesting it. The services of the group are available to any organization planning a demonstration or like event. Students interested in.joining the Legal Observors should contact Gene Goffin. �September 21, 1971 THE OPINION Law Review The Key Word "Quality" is by Mike Montgomery Institutions are judged by quality, present lacking, or in the material made available to the public or desired audience for the purposes of evaluation. This principal applies both to available to him to judge the quality and value of a recent graduate. Mr. Ark pointed out the advantages of the LR calling card in that articles provided beautiful writing samples, and Law Review was useful to counteract the antipathetic attitude common in the local community towards any product of our somewhat unruly university. Because of the upsurge in the number of law students, coupled with the increasingly difficult job situation. Ark considered it likely that student interest in the Review should start to wax. The Law Review's self-image does not appear to be one of leadership. No one seems look to the Review for leadership; it makes to no attempt to influence faculty appointments the Law School and to the individual student who is pounding the street trying to get his first job. Both the Law School and the guy cooling his heals in the offices of Jaeckle, Fletschmann are judged to a great extent by the quality of the Buffalo Law Review, the major gauge of professional quality for the school and of individual quality and performance for the student. Ark commented that the Law Review didn't always get what it wanted after soliciting articles. Unsolicited material, whether from students or professors at other schools trying to build up a reputation by publishing in what they consider to be a lesser known Review, seldom gets published. The solicitation of articles from really top-notch people involves considerable competition with the Law Reviews of superschools such as Harvard or Yale. The. Managing Editor pointed up the desirability of persuading our own highly competent faculty to publish in the Review of their own school. The faculty interest and participation could be extremely useful in expanding the number of fruitful targets for article solicitation. Almost complete autonomy may be one desirable aspect of the present situation, however. A major problem area for the Buffalo Law Review is the recruiting of new candidates at a time when there is some socio-political antipathy towards the Law Review and the establishmentarian attitudes some believe are perpetuated by it. What many detractors of the Law Review fail to realize is the excellent forum it is capable of becoming for the airing of any carefully researched and properly presented point of view. Writing quality is the major criterion for acceptability, not orientation, whether revolutionary, reactionary, or radical apathetic. The Law Review is one, of the best forums available for a cogent law-related argument. The tonsorial problems of the military reservist was examined in a comment in last spring's Review by Bruce Norman Le Blanc (Seated) and Clarence Sundram review manuscripts in the Law Review Office. Written. The Law Review, to a great extent or the curriculum structure. It is independent. autonomous in the running of its affairs, is It is devoted to turning out a quality product devoted to the publication of articles dealing to the benefit of the school and the members with bar and law related areas. Managing of the Review. A number of members indicated that while Editor, John Ark indicated that the traditional approach to problems is preferred, with some they were not specifically concerned with needed courses at the school, they stress placed on the solicitation of additional did think that freshmen ought to be taught interdisciplinary material. There is a surplus of how to write in a proper legal manner, articles extent dealing with social problems and possibly through mandatory moot court and the law. Rather than become swamped by the mandatory ,, whatever "relevancy of the moment is brief with oralpresentation of an appellate argument. Lawyers don't popular, an examination of the Review's they write and do research. This memorize cumulative index indicates that it has dealt is what the Law Review is all about. primarily in the traditional areas of procedure, Bernie Brodsky currently holds the position torts, constitutional law, contracts, corporations, by John Ark, of editor assisted chief, in and criminal law. Of particular importance to any one managing editor; Warren Rosenbaum, Publishing contemplating Law Review is that in a school editor; Paul Battaglia, Research editor; Clarence where class ranking and a coherent and Sundeam and Norm Leßlanc, Articles editor; understandable grading system are absent, John Spitzmiller and Arthur Dobson, casenote membership in Law Review may be the only and comment editors; and Tom Segalla, way an outsider, client or employer, has Associate editor. - - WHAT NEWSPAPER REACHES: and staff. 600+ U.B. Law School Students - Every States, it's territories, United Law School the in and Canada. - 1,300+ Alumni Undergraduate School in New York - Every 4 - year State. faculty ADVERTISING for rates and information call BS2-SOO9 or write THE OPINION 77 W. Eagle Street Buffalo, New York 14202 5 Incident at Lafayette Square by Joseph DiNardo About eight months ago, I packed away my law books and picked up Herman Hesse. He talked to me, we became friends. I followed him and grew, at least I thought I did. I read Tao I met Madam Blavatsky and I reached out to Baba Ram Dass. I looked inside for they told me that evil and hate and malice in the world could only change if each of us refused to give it, take it contribute to it. Love most of all see it all around you. Too often that becomes the impossible dream. - - Let us pretend for a moment that we are unconditioned human beings. Let our emotions go without the structures of repression usually present. For I have a story to tell: It was about 5:00 PM, Monday, September 13th and I was walking from the law school towards the County There was a gathering in the square and Bill Kunstler was addressing a mixed crowd of young and old numbering about 200. A few policemen kept the people off the street and traffic was flowing nicely. I stopped to listen. Kunstler finished and another speaker began to talk of the uprising at Attica. He told of where he thought the blame should lie. It was difficult to hear for lack of a speaker but finally that was supplied. Library. Suddenly the people Pigs are coming; Pigs, officers were walking they reached the middle the monument began to yell From nowhere 25 into the closely knit crowd. As they began to punch, kick, and club those in their way. The crowd began to spread and yet the people refused to trample the rows of flower beds they surrounded. When the police reached the steps where the speakers were assembled they began to use clubs on everyone. A woman of 40 45 years was caught in the crowd. An officer grabbed her by the shoulders, knocked her to the ground, jumped on top of her and began to shake and punch her. We began to move in large groups trying to evade what appeared to be an attack of revenge. 30 on - Pigs — The police kept following us down Main Street, periodically clubbing or punching men, women and young girls. I began to take badge numbers or names of officers I witnessed beat someone without arresting them. There was one officer that pushed the others to further violence. He was about sB with an extremely muscular build. He wasn't wearing a name tag or badge and he carried only a small black jack. I could see a tatoo beneath his short sleeve shirt, a reminder of the world war years he seemed to be reliving. At one point he shouted 'if they get in your way kick the shit out of them* his comrade complied Tin fed up, (turning to the , crowd) I*ll kiU you! A young man was walking next to me. He wore old genes a wool shirt and long curly red hairs. An officer wearing a dark blue tee-shirt with a badge sagging at the chest, a helmet, black gloves, and an especially long club grabbed this man from behind shook him foreward then back, released bin, raised his club and wacked him directly over the head making a sound that echoed off the store window. I stopped, sick, ashamed, fiercely mad, helpless. Between the fallen youth and my self passed three neatly dressed businessmen perhaps on their way to the Spur to 'unwind. They didn't even notice that two feet away four other officers had converged on a bloody, fallen man. There is obviously more. It isn't needed for its time our faces back on; we're law students or lawyers, or professors or something. We've got to analyze and fmd out if just maybe the police had legal justification. The no permit That's public interest, traffic congestion it. And so it goes on. I've got badge numbers and names. What good would it do. Those who can help or would help are already too busy. There may not be another incident of police violence for sometime to come but that isn't important. What is significant is that these men in blue will not change. They will go on, the hate will grow as society, in its silent way, assures them that they are right, that they are sane. The officers whose names I have were on the beat again today, helping old ladies across the street, giving parking tickets to VW to put - - Buses with peace stickers on them and talking about those crazy hippie freaks that support those vicious, inhuman, murders at Attica. In light of recent facts as to how those hostages really died I can only ask who belongs in prison to protect society. Sometimes, Herman, Baba Rim Dass, Madame Blontsfcy I just feel like saying Fuck it! �September 21, THE OPINION 6 1971 Advocates Answering the Question of Student Rights A high school student from North Tonawanda was recently thrown out of school. According to school authorities, the young man was suspended for the remainder of the term (a length of time in excess of three months) for allegedly muttering a aide. No hearing ■ 'four letter word' to a cafeteria 3214 was provided even though section of the State Education Law requires a hearing before a student may be suspended for more than five days. This is not unusual. According to senior Norm Rosenberg, school administrators frequently violate sections of the State Education Law in dealing with suspensions. An awareness of this fact has led Norm to help establish the school law clinic in an attempt to aid in the situation. The school law clinic consists of six students aside from Mr. Rosenberg, all of whom are. either former teachers or who have studied school law problems under Pγ o fessor Wade Newhouse. Mr. Newhouse and Professor Manak are connected with the clinic but the moving force rests with the members themselves. Explains group leader Rosenberg, himself a former teacher in New York City, 'That would be too simple an explanation. Problems are referred to us through various outside groups as well as by individuals. The case is then assigned to one of the students who researches the facts, speaks to the parents and locates the applicable law. Then the case is presented to the school officials concerned. Should there be a need for attorney at any point, Mr. Manak will make the appearance. If we run into any peculiar problems, Mr. Newhouse offers assistance.' Mr. Rosenberg as leader of the group was instrumental in its establishment. His interest in suspensions grew out of a course on education and the law. He recalls: 'I visited various Buffalo & suburban schools talking with superintendents and their representatives, it became clear that there were some abuses of the law. Practices from district to district varied greatly.' Once Rosenberg's interest was aroused Professor Newhouse, instructor of the seminar 'Schools and the Law put him in touch with the Association lots of complaints against various school districts Frequently, schools would throw out kids simply , because they couldn't deal with them. would throw .. ,, know where to turn. I think parents are intimidated the power of the schools and of things they don't understand.' Gene's first case concerned an emotionally disturbed eighth grader who was truant as a result of his emotional problem. The school being suspended. There were some meetings with system attempted to tackle the problem by community workers and the school law clinic grew transfering the student to another school. That out of it. Since that time, the group has wasn't the solution and the student persisted in streghtened its ties with the community. John staying away and his marks fell. As a result of Gorman and Lee Ginsberg have already appeared Gene's work, new psychological and mental tests before the PTA of school 38 concerning students were ordered disclosing the fact that the boy had rights and John plans to address a group meeting at an IQ between 130 and 140. After further ITB endeavoring to form a High School Student psychological study, it was arranged for the Buffalo Union in the suburban schools. The clinic is also Board of Education to provide for home tutoring. establishing ties with BILD and a BILD There, have been other cases, too. There are stories representative sits in at their meetings. of parents who've had problems with school boards Not all the clinic's cases, however are received and just can't seem to get satisfaction. In many through organizations. Former teacher Don Zolin is instances the members of the school law clinic are currently defending the son of a campus security finding out the school boards just don't really care guard who found out about the clinic through an about the students' welfare but would rather take article in the 'Reporter.' An article in Arthur Eve's the easiest 'out.* 'Challenger, prompted the mother of a seven year The City of Buffalo Board of Education alone old girl suspended from Bennet High School since has over 700 suspensions a year. That number when November to call the clinic. Lee Ginsberg is working added to the other type of problems parents on the case. encounter as well as the difficulties arising in Sometimes the cases considered have political suburban schools, offers to keep the members of overtones as the one concerning a sixteen year old the clinic pretty busy. Yet surprisingly, there has suspended for distributing the newspaper, 'Cold been no deluge. Speculates Don Zolin, 'Public Steel.' John Gorman was able to get the student schools are hurtin and the kids are getting the into night school. At other times the problem is short end of the deal. Some kids are so used to merely the recalcitrance of the school boards. Sam the treatment that they almost expect it. 1 think if Rabkin, in handling the case of a hyperactive six more people knew about the work the clinic is year old was amazed at the 'run around, the family doing in aiding parents having dificulty with school was given. The boy was first put into a BOCES boards, that we would be deluged with cases. class for multiple handicapped children. Finally a There is little doubt of the need for the school meeting was arranged between Mr. Rabkin, Mary law clinic. Problems abound concerning the Lang of the Association for Children with Learning educational system. The members of the school law Disabilities (ACLD) and a school psychiatrist, at clinic are inspired by the work they've done and which time they succeeded in having the boy placed proud of the job the clinic is doing. UB is the in a class for slow learners. Explains Sam, 'The kid only school in the Northeast ot have such a obviously didn't belong in the BOCES program. program. John Gorman speaks for the group when Those kids were sometimes deaf or retarded while he says, 'I'd like to see the program continue. this kid was just a bit hyper. I'm glad we were Students graduate and move on, VISTA workers able to get him out of there but sometimes I leave town. I'd like to see the program take wonder what would have happened if the family on a permanence that would transcend the semester. didn't know of the program? Gene Haber, another Problems in our schools don't appear to be former teacher, voices similar sentiments. 'It's really vanishing by any means.' Indeed they don't. But the school law clinic sad that most people don't know their rights and when confronted with a problem they just don't helps, just a bit. out kids simply because they couldn't deal with them' At about the "same "time a VISTA worker, Mary Ho ban, contacted Professor Newhouse. She reported there was a severe problem of students , , , Food for Body And Soul By by RighT On! Jack Gutkin am new to this city and like most newcomers I am to quite another way of living. So it was that I questioned every freak I could find as to where 1 could eat in the manner to which I was accustomed. Finally, en route to the Main Campus I found a knowledgeable hitch-hiker (The only way to find your way about a strange place is to capture a native). For fifteen minutes I pounded his ears with questions and comments (It's hard not to be sociable in a VW) It took five minutes but I was finally able to explain the gist of my intent "A peoples' food store, you know good food and people?" He was upset by my phrasing (I refused to use 'Groovy') but happy to be on his way (and out of mine) he shouted "Grider Street down that way I used - - somewhere." It took many questions and U-turns but I finally found the New Age Natural Foods Restaurant. Naturally it was closed. But after a few more attempts 1 met with success and good food at cheap prices. New Age is an unusual eating place. It is literally put together by many hands. "Change is the only Constant" is written on a "Sesame Street" like poster on one of the walls, and it is a phrase that speaks well for the character of this enterprise, indeed it is difficult to pin it down any more than that since every day boasts a hoast of different cooks, hanger-outers, juice-squeezers and mom's n' tots in front of the door. It is at the very least an interesting place to eat, and in my opinion an inimitable bargain. Meals and snacks as you like'm can range anywhere from fifteen cents for a cup of soup to a little over a dollar for a feast. The food ranges from adequate to really fine and is as varied as the ever changing chefs. And if there is enough you can take home oodles of home-made apple butter and organic bread at a nominal cost. The New Age Natural Foods Restaurant is a growing concern. Little over a year old, it will move from its present Grider Street location to a larger and more adaptable location on Film ore near Leroy (Sometime near the end of this month). I'll let the poster speak: "We are moving to a New Home; we are moving in a new direction. We are going to be designing and creating a new structure to grow in, both 1) a a new restaurant, and 2) a way of physical structure relating to each other; a form of organization to govern collectivity." ourselves There will be room for meetings, movies, selling underground papers, sharing information about cooking, food, iitilri I ion, farming, health, ecology, Amerika, and movements in - - - Itiil!.iln and the world. (continued on page 7) (continued from page 2) been spared the normally imperialistic interests of the new mandarins. It is not yet clear why America should fare better than they have. Unfortunately the worst is yet to come. Nixon is going to enter the dragon's den for reasons known only to him and his advisor, Rasputin. His announcement of the trip had the salutary effects of rendering most of his domestic critics temporarily speechless, which was wonderful, and of causing the Kremlin to howl. But our Asian allies were horrified at the prospect of an American president kow-towing his way into the blood soaked throne room of Mao, and at the prospect of what Red China mau do to them if they do not also toe the line chop-chop. So the governments of our friends are shaken for the sake of shaking up our enemies and shutting up a few redolent domestic critics, and Japan may now go nuclear because of a loss of fai th i n Anerican protection from the Chicom imperialists. The saddest part of it all is that it is all unnecessary. Nixon, or so we are told by the professional political gossips, is engaged in presidential power politics under the close supervision of Henry Machiavelli. The idea is to spook the Russians by getting chummy with the Chinese, which is supposed to result in an easing of tensions by making the Russians nervous about our nefarious schemes. Ever since Roosevelt (the bad one) we have had relations with Moscow, which has been a source of endless satisfaction to them. They are posing as the leaders of international communism, and U.S. recognition lends credibility to their claim, but U.S. recognition of Peking would strengthen Peking's claim to the same dim distinction. But more than that the Russians fear an unholy alliance between the yellow peril and the yankee dogs with the Great Socialist Motherland as the target. Instead of announcing that the Chinese are now enjoying the same diplomatic status as the Russians in the eyes of Washington, Nixon should have broken relations with Russia and announced that the Russians are now on the same diplomatic level as the Chinese Reds. Such a dramatic move by Nixon would have served notice to the world that the United States is no longer dedicated to the proposition of making love to our cn cmies, and it would have served notice to the Russians that we no longer favor them over their comrades in imperialism and genocide, the Red Chinese. Naturally it would not mean that the United States and the Kremlin would no longer talk to each other; the Russians could speak to us in the same informal manner that the Red Chinese speak to us in Poland. Or when the cold winter nights along the Volga get too much for poor old Alexei he could always call up San Clemente on the hot line and tell Dick of the latest Russian methods of stifling press criticism (firing squad). We would also let both Moscow and Peking know that we would be delighted to engage in all the diplomatic niceties with any legitmate government that takes power in their unfortunate countries. All they have to do is plow inder the concentration camps, cease engaging in subversive war against the rest of the world, and hold free elections, thereby letting a thousand flowers bloom and granting power to the people. But that is a radical proposition, and so the reactionaries and counter-revolutionaries of America, calling themselves liberals and leftists, would fight it to the death, and, to the despair of civilization, they would overcome. Our only hope for a successful China mission by Nixon is that he will take along a garden trowel and use it to lobotomize Mao. Maybe he will, tricky rascal that he is. regime �September 21, 1971 THE OPINION 7 Food Students Study in Strasbourg Three Buffalo law students, F. Haber, Peter R, Eugene Englehardt, and George E. Riedel, Jr. received grants to attend the second annual study session of the International Institute of Human Rights in Strasbourg, France. The Institute was founded by Nobel Prize winner Rene Cassin and is held each year at the Faculty of Law of the University of Strasbourg. The three week institute consists of a series of lectures and seminars in French and English given by noted professors and experts in the field of human rights, this years' theme was "Racial Discrimination and Human Rights." When a student completes two summer sessions a nd is successfully examined, he is awarded a Dilome. The ] 20 students from around the world this year explored the history of discrimination and specific national and international actions against racism and apartheid practices among nations of the world. The students were also shown, the Council of Europe and were in atten dance at the reading of judgement of an imp ortant human rights case before the Council. In commenting upon the institute, Mr. Riedel indicated that he thought the study sessions provided an excellent opportunity to meet and discuss with students .from around the world the problems of human rights and their ideas of meeting the challenge of racial discrimination. Through the efforts of Professor Thomas Buergenthal, who also participated in the (continued from page 6) Institute, and the International Legal Studies Committee it is hoped that the State University of New York at Radical living and Revolutionary ideas are the doorposts the whole concoction is rather like a media of environment the environment is the media. People come to be part of the scene and the scene changes accordingly. Those Buffalo School of Law can who work the hardest get through and send more students to study reap their harvest in their their notions carried on the course the culminative effect the Institute at in an activity takes; in fact if any one of you threw all this to the expanded joint program with wind and devoted all your energies instead to the New Age Strasbourg. Credit, two week you'd probably end up running it in a few months. So the preparation period before the next time you've had it with briefs and headaches make it on I nstitute in Buffalo, and over to the New Age Natural Foods Restaurant on Grider fun ding of the program are Street until the end of this month and then on Filmore near matters which will be brought Leroy. before the Committee 'at its first meeting. and - - Registration from (continued University at Strasbourg Bar Exam look (continued from page 3) lawyer." They unfavorably upon schools course just because that subject might be on which orient their teaching methods towards the bar. Exceptions to this advice would the bar exam- the so-called diploma mills. But include courses on civil procedure, evidence, who had taken an exam at Buffalo knows that again this is an area where myth does not conform to reality. While a teacher may stress creative thinking in class, almost all exams put a premium on memorization of trivia. One professor's exam, for example, followed the lines of tell-me-everything-youknow about subject in '/> hr. He assumed you did not know anything that was not explicitly stated, even if you presented an advanced discussion of the subject In general, the faculty often teach one thing and test another. Certain courses in law school may be of limited assistance for bar purposes. It a student has taken a course with a competent professor who stressed NY law, the student will find studying for the bar exam that much easier. We do not recommend that a student take a anyone and NY practice. Buffalo graduates in fact, have a very high failure rate on the bar exam, 30% in 1970. But, rather than teaching us how to pass the exam, we feel it would be beneficial if the faculty worked for reform or abolition of the exam. This movement has some national support with the development of a national bar exam, see "The Bar Examination: Re-examination Needed," Juris Doctor March 1971. is clear the present NY bar exam in no tests one's legal ability or legal reasoning talent. Rather, it tests one's memory of specific commercial areas of NY law. It is an c xcellent exclusionary device which obviously works to the disadvantage of activists and way It minority students. We call for its abolition. while the first year class is close to the same size it had been in previous years, it is now split into three sections, taking the time of four professors who could have been available to teach more upper division courses. Greiner responded by noting that someone is bound to get burned by a change allowing freshmen to benefit from smaller classes, namely the seniors and juniors. It was obvious from the discussion that a great many people had gotten burned. A continuing theme of the Asst. Provost's presentation and responses was that the SARA system would provide more input data on student curriculum desires, necessary for course planning and faculty recruitment, if and when promises are kept and the faculty expands to meet student needs. A subsequent SB A meeting resulted in a plan for the issuance this October of a pre-registration Bals^ttuoacks A. IVorking For tvs J/» "tte ° O<f e^* s«*«L-,ff Alumni ** // s^V/it^ , . 4 »" * ae »°VCVV «W .<«=> \ O - ''/€<&s'■■ / \ /w *J / / y?*f■ / '" - THE THitlß HapP ttiitfiy TUI b ... Production. Copy Prepralion. HELP US HELP YOU OPINION- Room eu t*w Review 216 B the Procrustean bed of whatever the faculty feels like teaching. At least the "lack of student input" cop-out will be gone. The essence of Greiner's presentation was that there is a very aggressive committment to an undergraduate curriculum, courses like American Legal History, and smaller freshmen classes, but no follow up and no support for a comprehensive upper division curriculum, and generally very poor planning. But FEAR NOT. Things won't be botched this badly next time around. Maybe. Fat lot of good that does some guy whose personal data sheet got lost in the Prudential and has nothing else open except Women and the Law, Minority Economic Development, and the Law and Social Science. You have undoubtedly noticed these topics in the Appellate Division's syllabus of Bar exam topics. Moot, Sprague would be impressed. _. "" ® .W<£> \\ B A JA V< * fl?» AT THE CENTER OF EVERYTHING AT THE LAW SCHOOL YOUR Newsp.per! ™« OWWON HELP IS NEEDED IN ALL DEPARTMENTS: 'VV V /***?. Hosts srads 0 "Z^^VstS. , J?" *t>AJ? VP , S^* Tt» page I) committments. Unfortunately, course preference questionnaire nobody notices the need, and to all students so that the the professors are wasted. facuI ty will know what we want, and we then may not One student observed that have to shape our plans to fit V fl> „>& . \* *>5>V* 'A Staff j> , r«e Gnoses New Chooses rr^^s r *J » 5» 5 J fi, A? <£> -C> o - Xl �September 21, 1971 THE OPINION 8 BulETiNBoARd STUDENT FINANCIAL PROBLEMS John Dick, a second year student, has been hired to provide assistance in the area of law student financial problems. Mr. Dick will answer student inquiries concerning financial aid, provide financial aid application forms and assist in their preparation, process all forms and papers which are needed for financial aid (including work study time sheets, and emergency loan fund requests). He will also serve as liasion between the Law School and the Main Campus, private agencies, and Local State, and National Governments on questions of financial aid. Before the end of the semester, Mr. Dick plans sources to prepare a complete listing of current financial aid, and prerequisites for qualification for each separate source of financial aid. This will be compiled into a booklet for distribution to Law Students in order to give a complete understanding of the financial aid situation. It will also give the Law School a better idea of current needs. Located on the 1 lth floor of the Prudential Building, Mr. Dick's office will be opened to of interested students Monday 9-12, Thrusday 9-1 1:30, Wednesday 1-3:30, Friday 1-5. Tuesday and 3-5, desired, year. Legal Any person presence by any impending situation this should where Observers contact LEGAL the will observers' who Gene OBSERVERS be knows at headed 881-2061. of Gene would Coffin be LEGALOBSERVERS MULTISTATE BAR EXAM LAW WIVES - The new Multis' ite Bar Examination will be The Law Wives Association is in the final in 1972. Dates of the 1972 stages of planning a very interesting and informative given for the first ti. year for the wives of students at the Law School. examinations are FeH >a.y 23 and July 26. The following plan to use the examinations in states A large membership is anticipated this year and the program will have something of interest for 1972: everyone. A new and special concern of the Kentucky Pennsylvania Association is the possibility of co-operating with Alaska Maine Rhode Island the Law Women on the establishment of a Child California Colorado Missouri South Carolina Care Center for the school. Florida • Nevada ... Legal Observers will be headed by Gene Coffin this year. Any person who knows of any impending situation where the observers' presence would be its future members. desired, should contact Gene at 881-2061. First, the annual Desmond is an intra-school event involving exact, holding explicit singles, successfully Dope presentation uprising. Square Sept. strictly increasing provided legal encounter, fund-raising bring produced $ difficulties, by bankrupt. your provided badly Chapter picnic $10.00 Smith, office, play information, by funds, Cottage couples, ACLU, chapter Workshop p.m., provide subject $5.00 Lafayette Saturday advisory light recently 883-2043. WILL Liberties and an these Island. a The be the Reickert donation The direction Than 25 fiscal CIVIL almost Posters directions. a Union and at services Buffalo at For it the LIBERTIES burden will 15.00 the at is is of further the ACLU the to Due will be Three be Ed for Get after the Black Law to own a not in Without the families. Arrow SURVIVE financial a discussion Attica School need be of Drama Job." food at local for the "It available. 3:00 which the of 1370 Entertainment and will and Included difficulties is funds IN American of Easier the contact Main has drink the BUFFALO? In the on in will to this Street" Grand affair. Attica to under their more Civil Mrs. will Get for to of be is LIBRSWTUECNIVLBUFFALO? Competition, which the preparation of a written legal brief and the subsequent oral argument of its contents before a court sitting en bane, will be scheduled and held during the second and third weeks of November. Secondly, those students who prove themselves capable and diligent in the legal skills of brief writing and oral argument in the Desmond Competition will be selected and nominated to be Moot Court Board Candidates. During the Spring semester of 1972, the Candidates will aid in the preparation of briefs for various competitions to be held between U.B. ajid other Law Schools throughout the East Coast and the Nation, and furthermore will participate in at least one of these competitions. Subsequently, in early April of 1972, there will be a determination by the vote of the Moot Court Board as to the election of the Candidates to full Board membership. The new policy is necessitated by the reason PAD FELLOWSHIPS Tennessee New Hampshire Utah As in previous years, the regular meeting will Georgia New Jersey cover a broad spectrum from topical sr .ers to Hawaii Vermont social gatherings with the husbands invite The first Illinois Wyoming Ohio Oregon event of the year will be the Annual Membership Kansas Tea on Sunday, September 26, 1971 whLh will be Applicants will apply to take the test from held in the Faculty Lounge of Harriman Library on the Main Campus. Invitations will be sent out to the board of bar examiners of the state in which they are seeking admission. Beginning in 1973, the the wives of all married students within the next week and anyone not receiving an invitation should test will be given on the last Wednesday in February and the last Wednesday in July. The notify Mrs. Stephen Borst at 834-1710 or Mrs. William Feigenbaun at 83S-0691 as soon as possible. students at your law school may be interested in information. this It should be made clear to all that the The Law Wives Association encourages all wives interested in making new friends and participating in Multistate Bar Examination is not a national bar examination in the sense that it will allow one to meaningful program join a to them. be admitted to the bars of all participating states. Each participating state will have a locally prepared MOOT COURT examination and admission to a state bar will be based on combined MBE and state prepared examination scores. There is no present plan for reciprocity between states based on the Multistate Beginning this Fall Semester (1971) at the Law Bar Examination. School, The Moot Court Board is instituting a new policy in the selection and ultimate acceptance of The Buffalo Chapter of the American Civil Liberties Union is badly in need of funds ... to be exact, almost bankrupt. Without funds, the advisory and legal services provided by the ACLU, subject to an increasing burden after Attica and the Lafayette Square encounter, will not be available. In light of these fiscal difficulties, the local chapter will be holding a fund-raising picnic at 3:00 p.m., Saturday Sept. 25 at the Three Arrow Cottage on Grand Island. Posters at the Law School will provide more explicit directions. Due to financial difficulties this is a strictly bring your own food and drink affair. The donation will be $10.00 for couples, $5.00 for singles, and $15.00 for families. Entertainment will be provided by the Black Drama Workshop under the direction of Ed Smith, which has recently successfully produced the play 'it is Easier to Get Dope Than it is to Get a Job." Included in their presentation will be a discussion of the Attica uprising. For further information, contact Mrs. has Reickert at the ACLU office, 1370 Main Street; the 883-2043. that during the past two years Moot Court earned the distinguished reputation as one of finest Boards and competitors among major Law Schools throughout the region. Therefore, in a continuing effort to maintain excellence in the area of appellate argument, it has been decided that a candidacy program will fulfill the Board's aspirations and expectations. If you anticipate entering the Desmond Competition, please contact the Moot Court Board Office located on the second floor of Eagle Street. PHI ALPHA DELTA announces the initiation of a fellowship program for minority students. Ten Law students nationally will be selected to each receive a $500 PAD Fellowship. Applicants need not be a member of PAD, but must be either a Black American, American Indian, Puerto Rican, Chicano or other Hispano STIUDEN NSURANCE American. Any interested students should pick up an application from Shirley's office. Applications will be accepted until October 1, 1971, and the winners All students who registered for insurance with the will be selected by October 15, 1971. University must stop at the 11th floor office at Prudential Building and pick up a brochure and signature card. VERY IMPORTANT NOT REGISTERED for insurance until this has been done. CREDIT FOR LEGAL BIB. - REACTNIO:GRADUATES Credit for Legal Bibliography-Legal Research courses completed here before 1970-71 will now be available. Until a Placement Office is established, Assoc. Any student who completed the course and wishes to receive one credit, may arrange to have Dean Lochner's office will be serving as a temporary any faculty member supervise a three to four week receptacle for requests by local attorneys for recent research paper. Written approval of the project must SUNYAB Law School graduates. Any recent graduate be submitted by the professor to Assoc. Dean who is looking for a position should contact Pat Lot;liner's office. Upon the successful completion of Taylor, who has a file of recent inquiries. These this project, students should insure that the employers are looking only for graduates who have _passed the professor submits a grade. Bar Examination. I '' PAD RUSH PHI ALPHA DELTA announces its annual fall rush for men and women law students. Any student interested may obtain an application from Shirley's office. Meetings are at 12:30 on Wednesday. Further information can be obtained from Mark Farrell or William Lobbins. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1971-09-21 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 12 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 9/21/1971 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4489edf5f6a33d8fcb86f7671a5a54c5.pdf f4728065f289466f0d9d55c113ba7ec6 PDF Text Text Non-hofit Oimmitmti<an US. Ftt-r PAID BUFFALO, N.Y. PERMIT NO. 70S lh* Opinion 77 Wot Eagle St. Buffalo, Ntw York 14202 THEOPINION Volume 11, No. 8 April 29, 1971 State University of New York at Buffalo School of Law SBA Board Of Directors Takes Office PRESIDENT Paul Cardon Ist Vrec-President Murk Fnrrell The first meeting of the new Board of Directors of the Student Bar Association convened Friday with President Paul Cardon presiding. Also present were Mark Farrell, Ist Vice-President, John Samuelson, 2nd Vice-President, Richard Weinberg, Treasurer, and David Sands, Secretary. The new representatives of the Juniorclass are John Blair, Herbert Greenman, Shelly Gould, Mike Montgomery, Lee Ginsberg, and Tom Brett. For the Freshmen, Bob Wall, Gene Goffin, Yvonne Lewis, Bill Buscaglia, Mike Berger, and Judy Kamph began the new term. At the previous week's meeting, at which the new officers were installed, outgoing President Robert Penny made a final statement enumerating both the successes and failures of the SBA this year. 2nd VicePresident JohnSamuelson He pointed to the election reforms and SBA reorganization as examples of two achievements of his administration. He also noted that there was a growing strain in relations between students and faculty. As his final word, President Penny predicted that solutions to the problems facing the SBA could be found through a dedicated effort by all members. He suggested three specific steps toward improving the student government. They were: I) suspend alt members with infrequent attendance, 2) pay stipends to the President and 2nd Vice-President of the SBA for their heavy responsibilities, and 3) consider the newly proposed revision of the committee system. Before he passed the gavel to Mr. Cardon, he gave him a special note of comendation page three Next Year's Freshmen The surprisingclass of 1975 page four NationalLaw Women Conference Report on the first national conference NewLaw Building Progress Report from the Amherst Campus Weinberg forhis involvement duringthe past school year. Upon accepting the gavel, President Cardon's first official act was to offer thanksand recognition to the outgoing SBA and committee members for their work in the past year. The new SBA faces many problems in the coming year. Foremost of these is the necessity of shaping the Board of Directors into an effective tool for use to achieve student needs. This year the body suffered both from a lack of interest and from a sluggish and inefficient committee system. The foremost of President Cardon's aims this year is to shape the Board into a respected and functional asset of the student body. This maybe a difficult task considering the track record of the traditionallyapathetic student body. - Take-homeExam Option A proposal for examinationreform Survival vs. The Status Quo Can Man survive? Richard Klein Fromm Moot Court Winners IN THIS ISSUE Our Expanding Library Growthand innovation in the stacks Treasurer Secretary David Sands page five The fifth annual DESMOND MOOT COURT COMPETITION for students at the law school concluded Saturday with the final round of argumentand the presentation of awards. The winning team was Isaac Fromm of 191 Cleveland Avenue and David Klein of 227 Renville Road. The runner-up team was David Civilette of 262 Voorhees Avenueand William Gardiner of 467 Norwood Avenue. Additional awards were: BEST SPEAKER John Blair of 59 Blackmon Road, Grand Island; BEST APPELLATE BRIEF Mr. Fromm and Mr. Klein. The panel of judges for the finalround included the Honorable Charles S. Desmond, retired Chief Judge of the New York Court of Appeals; the Honorable Matthew J. Jasen,Associate Justiceof the Court of Appeals; and the Honorable Harry D. Goldman, presiding Justice of the Appellate Division, Fourth JudicialDepartment. The fictitious case argued by the participants in the competition concerned the liability of a legal aid competition. - page six page nine .page twelve - office for libel and malicious prosecution in its efforts to' stop pollution of a lake, and the liability of a corporation under a state statute prohibiting pollution of lakes. Eight teamsof students entered the competition which required the preparation of an appellate brief and the presentation of an oral argument. The participants in addition to those who received awards, included William MacTiernan, William Peltz, Michael Calvete, Jonathan Kastoff, Robert Allen, Jay Bielat, Richard Steiner, Eugene Haber, David Fox, and Richard Weinstein. All are members of the junior class at thelaw school. Early rounds of the competition were held on Monday Wednesday, April 19-21, and were judged by members of the bench and bar from the Buffalo area. The competition was planned and administered by members of the 1970-71 Moot CourtBoard, with Joel Defren serving as chairman of the program. Members of the 1971-72 Moot Court Board will be chosen from among the. participants in the - �April 29,1971 THE OPINION 2 Letters To The Editor Editorial SBA Needs You VOLUNTARYFEES To theEditor: The main propaganda tool of The Student Bar Association election is an example of the Student Government the depths to which student interest and participation in this Establishment, The Spectrum has organization have fallen. In the Junior class only five persons been blasting us for several weeks considered the student government important enough to on the necessity of retaining submit a petition of candidacy. This left the organization in mandatory fees. Apparently the fears that it's subsidy the embarassing position of having to fill the sixth slot with Spectrum would be eliminated or a write-in candidate, hardly a procedure likely to increase respect for the Board of Directors. It is a cliche to say that the student government can and will be only as effective as the amount of student support allows, but some of the reasons for the truth of this statement are more subtle. Many of the problems arise from a vicious circle of self-interest. Both the faculty and administration are primarily interested in their own conception of law school education and unless a significant amount of pressure is brought forth from the student body their view will prevail. The student body, although interested in promoting their own view of the law school experience, will not support any organization whichdoes not effectively promote their interests. The Student Bar Association Board of Directors, the only organization which can effectively represent the student's interests, can only be effective with a large degree of support and participation from the student body. Thus, student interests cannot be effectively promoted unless there is a strong Board of Directors and committee system, but in the past students have not supported the student government because it was not strong and effective. To say that one will not support the student government because it is not effective and then not realise that the reason for its ineffectiveness is one's own non-support is certainly irresponsible but unfortunately widespread. It is clearly against every student's self-interest. diminished if mandatory fees were rejected. This as sau It by the Establishment reveals its weasknesses and shows how utterly alienated the Establishment is from the students. Their first claim is that without mandatory fees there would be no "free" benefits to the students (Nothing is what you'ss get with voluntary fees. subsidized by the practitioners who are willing to take a case for the Civil Liberites Union from the start and follow The principal of mandatory through, using independent fees is that the students must be judgment. coerced into providing for Attorneys in the Buffalo area benefits they don't want, "free" co-operative in our services they wouldn't willingly have been pay for, and subsidies for effort to handle the litigation load office. We will need more lazy that too are of this organizations in months to come. Partly and/or incompetent to provide for help to our inability to make due themselves. contacts with these volunteers on Thereis also another issue, that a systematic rotation basis, we placed the of the misuse of the funds. Why have unnecessarily should a student be coerced (no burden onthe shoulders of a few volunteer and affiliates, in some fees, no grades) into providing cases, have been compelled to funds for Sub-Board I to buy land discount the far-reaching in Amherst which that student of issues that certain will never see or be able to use? importance Why should a student be coerced civil liberties cases may raise, a volunteer is into providing funds for activities primarily because to which he is actively opposed? not available to handle that case. students to rest? be Without overs tressing the The answer is to set up a significance of protection and "Spectrum April 21) This is a of preservation of civil liberties in patently false assertion; the choice system for the collection fees that allows the 1971, let me simply point out voluntary is between mandatory fees and donor to specify the use of the that of late the delicate balance voluntary fees, not between funds. That way he can express between protection by the State mandatory fees and no fees. his desires in the most effective and protection from the State is Thus the Establishment has admitted its failure to respond to the desires of the students. It realizes that the students have seen through the Establishment's propaganda. The "services" graciously provided by the Establishment are not wanted by the students. They will not voluntarily pay for them, therefore they must be forced to pay for them. As a result, a powerful group of special interests is parasitically dependent upon mandatory fees coerced from the students. No Spectrum without mandatory fees? Meaning the The Student Bar Association now has new leadership. Spectrum admits that is is so poor Already manyactions have been taken to insure that student in quality that no one would voluntarily support it? No "free" interests will have an effective advocate. In two short weeks movies? Meaning that one the new Bar has worked to find new offices for itself and would willingly pay to seenothem? The Opinion which will allow them to operate more No more "free" skiing for the effectively. It has considered proposals on examination Schussmeisters? Meaning that skiing is a necessity for some reform, grading system reform, and means to strengthen the man ncr, and those who are parasites upon the student body will be served. It's just a simple matter of oppression. freedom versus Otto Matsch NCLUNEEDS ALUMNI AID not stable and that, more than ever, access to the courts on Bill of Rights questions is of paramount importance. If you have any questions regarding the purposes and function of the Chapter, give us a call. We keep fairly well up-to date files, including briefs, on Bill of Rights questions, relevant to a case you're handling, whether or To the Editor: not on behalf of CivilLiberties. Let me use this opportunity to explain to you that on a Ideally, a list of volunteer continuing basis the Buffalo attorneys could be used so as to Chapter office of the New York avoid consulting any one lawyer Civil Liberties Union needs your more than, say, twice a year. A help of co-operating volunteer consulted attorney would then, lawyers. You might say that just as in any other case he might NYCLU's most valuable tool is handle, take as much or as little litigation, but it is difficult to see legal action as is necessary to that Civil Liberties laws are protect therights of his client. enforced or that appropriate amendments to existing laws are NYCLU encouraged, without the help of committee system. The time has come for the student body to work for its own interest. This week committees will be set up and membership determined for the coming year. Everyone's help is needed. It is also important for any law student who has an idea or suggestion to speak to his represenative or attend the weekly SBA meetings. The Opinion which is the voice of the Student Bar Association, also is selecting its staff for the coming year. Much help is needed if the newspaper is to continue to meet its responsibilities to promote studentideas and interests. This is your Law School It will only be what you make it. Let's start working together today. the Volume 11, Number 8 E_tor-in-Chief Assistant Editors Business Manager OPINION April 29, 1971 Jol">R Samuelson Geor8e Riedel Michael Montgomery Malcolm L. Morris Staff: Jeff Spencer, Alan Snyder, Kathleen Spann Photography: Samuel Fried, Samuel NewmanRosalie Stoll Contributors: Robert Rodecker, Alan Minsker, Roger Stone, Sandra Kay, Paul Cardon, Mark Farrell, Ricahrd Weinberg, loseff Keefe. during The Opinion is published every other week except for vacations Umvensty the academic year. It is the student newspaper of the State of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo New York, 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. , New Office for the Student Bar Association and The Opinion in lobby of Eagle Street building is examined by SBA President Paul Cardon. This space was given to the organizations after the Library, the administration, and the Law Review decided that there was no possible alternative use for the area. The area.which boasts such advantages as easy access to the hall pencil sharpener, was narrowly chosen over an location, a third floor broom closet. alternative �April 29,1971 3 SBA Presidnt' Corner Optional Take-Home Exams Proposed Brian York, a member of the Concerned Law Students, has proposed that an optional take-home examination be offered for all courses offering (or requiring) a traditional examination. With this option, he believes, the student will have the choice as to the examination conditions under which he will be minority of the student body, but this minority should be spared unfairness and possible harm to their professional and psychological well being where a reasonable alternative is available. such by Paul Cardon concerned with their rights as individuals. Thus, when confronted with the os student power, First let me thank those of you who voted for your the position of the facultyexercise is unpredicable andoften S.B.A. Officers and Directors for 1971-72. We uncontrollable. Some members, alarmed by the appreciate your votes and urge your continued prospect of student encroachment on their support and cooperation. prerogatives in the areas of research, teaching and tenure become prisoners of their own ivory towers. This past year has been characterized by Others are sympathetic to the requests and demands frustration, resentment and despair for many of student groups, and many more simply get quesy students who have challenged the legitimacy of the as they are tossed up and down in the waves of power wielded by the 'Law School Complex' and uncertainty. Moreover, many faculty members are many have become apprehensive, discouraged and easily swayed by events in a confrontation and rely apathetic. Perhaps now is a good time to examine on situation ethics and are therefore even more the problem. unpredicable. When confronted by the more radical student My feeling is that many students lay more stress proposals and demands, the faculty and on what they are against, but have little to say about administration are often unable to present any more what they are for. They often recognise the of a united than have the students. A genuine front problems but fail to provide solutions. They do not concensus is as difficult for them as it is for the seek recognition for the purpose of bargaining but students. Therefore, certain student groups can search for issues upon which to mobilize protest. always find some sympathetic, eager and vocal allies They tend to have a mixed bag of objectives and within the ranks of the faculty, and conversely these sincerely held beliefs, causing them to leap on an faculty members have their agents within the student issue and dash off in all directions. Some of the more ranks. "There is no special quality to the traditional examination which makes it a required to perform. superior evaluative method. The traditional examination is Details of the system are to be artificial and foreign to worked out by a student-faculty professional legal performance. It committee. Several suggestions in tends to measure ones ability to the proposal are that the memorize the rules and reason of take-home period be uniformly the law, then to recall them in limited in each course, that a some detail upon the stimulus of a student be allowed to sign an factual situation, and to write an exam out within a maximum organized presentation under the range of time and then be pressure of the clock. These required to return it before the abilities do not seem logically to time for completion expires, and be determinative of a person's that a minimum time be set of at professional competence. To be least two or three days for sure, those students who have completion of an exam. these abilities get an evaluation by radical students are powered by high-voltage this method which reflects their emotionalism rather than by experienced leadership Mr. York feels that the level of knowledge and and financial resources, and they eventually split proposal is sympathetic to those competence, (those who get high into powerless small factions because of students who do not wish to grades well deserve them!) ill-assimilated idealism, fuzzy goals and a compulsion spend the time required for However, there are some students tb be radical at any cost. Most of these groups will completing a take-home whose exam grades do not reflect fade away for lack of a stable organization withany examination as it would provide their knowledge simply because coherent programs or proposals to capture the for an option in each course they lack those skills (which interest and the support of the students. It troubles allowing the student to choose happen to be immaterial to a legal me to admit that the Student Bar Association also whichever type of exam best career). resembles this condition. suited him. "One argument is raised that I hasten to add, that the diverse The text of Mr. York's the exam experience is beneficial interests of all students,however, faculty and administrators proposal and explanation follow: as a preparation for (or practice can and must be conciliated for the mutual objective It is hereby proposed that an for) taking the bar exam which is of maintaining a going concern. Such diversity optional take-home examination given under the same conditions. cannot be eliminated, nor should it be, because it is be offered for all courses offering My answer to this is first that the rooted in the very nature of the differentiations (other-wise requiring) a traditional primary purpose of the course and which the academic community thrusts up as a examination the student having the exams is not that of necessary condition of maintaining itself. The the option as to the examination conditioning the students for answers lie not in abolishing or condemning such conditions under which he will be taking a bar exam (some plan differences but in finding and providing legitimate required to perform. never to take one). Secondly, any channels through which they may be conciliated. such secondary benefit of that "This proposal is being made method of evaluation would still It is my belief that the S.B.A. must step forward for the purpose of eliminating the be available. This proposal and provide some of these channels. This does not prejudice to many students which provides an alternative for those discount the effect such groups as BALSA, I believe to be inherent in the students who don't preform well Concerned Law Students, Law Women, etc., may traditional (time-pressured, under those conditions and who exert by providing channels and solutions. It is usually closed book) feel that the repeated experience important that members of all groups examinations. The proposal is is not of sufficient value to organizations support such a unified effort. and/or based on two propositions. First, overcome the lower grades and One of the most difficult areas of concern for that there are some students who possible failures. many students has been the concept of expanding are unduly prejudiced by the the community of scholars to include themselves. traditional-time limited, closed "Another negative feature of Attempts to enlist faculty and administrative book examination method of the traditional exam is that it is support for student participation in the 'Law School evaluation. The second is that this not a learning procedure in itself. Complex', have met with mixed responses. It seems evaluation mechanism has no In fact the trauma of taking it can many faculty members, althoughcherishing their special accuracy for measuring the cause a repression of the academic prerogatives and privileges, are primarily level of competence of a student knowledge gained during the attributable - , to professionally handle legal problems. 'it is my belief that the reason students fail or do poorly on exams is not always that they haven't learned the subject matter. Many times it is due to the adverse conditions of the evaluation method itself. The traditional 3-4 hour (usually closed book) examination which is the most common evaluation method (especially for required, and "bar" courses) is prejudicial to those students who cannot function well under such conditions. The harm caused is in the form of low evaluations or failures in courses requiring that method of evaluation. The harm does not end there, of course, but reappears whenever the students academic credentials are used as indicative of his competence qualification. The potential psychological harm from frustration and loss of confidence may be even more detrimental for some. It is recognized that those substantially prejudiced may be a that preparatory review. Writing a take-home exam, on the contrary, is a positive learning experience which has direct relevance to a student's competence to professionally apply this legal education. His answers will not be limited to recall of the law and he will have time to organize a cogent presentation worthy of his professional competence. "I have heard the Contention that having two measuring instruments for the same class will prejudice one of the groups. This seems to me to be empty of support. The professor could offer two completely different exams and evaluate them seperately, as if he had had two different classes. If the same exam (question) is used, a higher standard of quality and clarity can be used (possibly requiring documentation like a memorandum of law). "Having two types of examinations to evaluate should (continued on page 12) .. Student representation is designed as a technique to give the 'great silent majority' of students a 'piece of the action' on faculty and administrative terms. But student reps on all committess and organizations must have the authority and the courage to engage in meaningful dialogue and bargaining with faculty and administrators and not merely act as the messengers of their respective power bases. This especially requires student leaders who are willing to lead and who are not willing to be pushed into irresponsible positions by the most extreme members of their constituency. Student leaders must begin to think and to get their supporters to think in terms of specific and proposals rather than general statements of frustration and unhappiness. They must realize that slogans are not demands upon which meaningful bargaining can take place. Written, well-conceived proposals and demands are essential. These same student leaders must also help their supporters to distinguish between their own propaganda and those demands which provide a real basis for settlement. In some situations, a reasonable compromise must always be available, and the students must realize that a principle of right is not always directly at issue, that more frequently the programs bargaining is over the application or implementation of a corollary of some right or principle. Those persons who are the focal points of disputes, whether students, faculty or administrators, must realize that it is better to collectively bargain and have an influence over the outcome than to allow the situation to deteriorate to the point where violent protest or corresponding repressive actions are the only alternatives. The Student Bar Association woßks For you! Let's Work Together For A Better Law School JOIN AN sbA COMMITTEE Contact Paul Cardon �April 29,1971 THE OPINION 4 Rant Chant by Mike Montgomery Legal learn or crash and burn, empiricism reason study slows Cardozoknows so masochistic treason Prosser save us or enslave us, tortious snorts abound Cry alarm for where's the harm and casebook notes confound NisiPrius sorely tries us, Latin tags galore Put downs fry us glares decry us sitting near the door Running scared and unprepared, one hundred pages lost Burning brightly learning slightly, is it worth the cost Gorgonzola motorola, rose of Aberlone Do we feelwhat is real, or beaucoupbaloney Law reviews us U's will screw us, riding for a fall Gradesenmire us who will hire us, pay scale big or small. T. Anderson Preserve Our Natural Heritage Class Of 1975 10 to 1 Odds UCC confuses me and tax codes leave me reeling IRS's self-made messes murder every feeling So unsure yell au secour and how to find the light Does the issue always miss you, justice blind the right. Against Undergrads In Law School Sweepstakes Jeff by poor undergraduate completely psyched from watching "the Young Lawyers" and reading about the heroics of Nader's Raiders. If he expects to fulfill his dreams through the U.B. Law School, chances (10 to 1) are that he will be in for a Pi tyt he let down. A recent interview with the Acting Registrar, Mr. David Kochery, revealed some rather interesting facts about the class of 1974. Out of approximately 1670 applications (70% more than last year) only about 200 will be accepted into next year's freshman class. The median LSAT score will be about 630 with the lowest score about 560 and highest around 700. To have any hope for acceptance, applicants also must have at least a 2.4 average (on a 4 point scale) in their undergraduate studies. 25-30 places have been set aside by the Admissions Committee for minority group student.. However, no money probably will be available to help subsidize these students, as was the case with this years minority program. So far 79 applications have been received from minority group students. 230 Women have applied for places in the class of 1974 and indications are that about 55-57 (24%) will be accepted. Mr. Kochery indicated that this high rate of acceptance (1 of 4 women applicants accepted) was not due to any quota or special treatment, but generally higher (on the average) qualifications than male applicants, (You've come a long way baby). Next year's freshman class will also include 22 veterans who had previously been accepted but who had to delay their legal studies due to military obligations. Spencer Although no affirmative effort is being made to recruit out of state students, approximately 20% of the applications were from non-New Yorker's. Mt. Kochery pointed out that in the event that a decision had to be made between a New York State applicant and an out of state applicant of equal qualifications, the New York State student would probably be chosen. Behind this policy appears to be the fact that U.B. Law Schoolis the only law school in the State University system and is of course directly supported by New York State taxpayers. Mr. Kochery also noted that if the administrative and budget details are straightened out, the new registrar, Mr. Charles Wallin, should take officearound June 1. Mr. Wallin presently holds the position of Assistant University Financial analyst in the Budget Office of the S.U.N.Y.A.B. A Law Student Views Divorce An AnticiPitory Approach by Alan Minsker Uriah the Hittite,not to be confused in the scholarly mind with Uriah Heap, once quipped to his benefactor. King David, upon learning of the King's unsuccessful attempt to end Uriah's disastrous marriage to Bethsheba: "Had 1 only prepared for this,/ now I might rea(d) Joyce. " Of course he couldn't anyway. Joyce, unlike the New York Family Courts, was years ahead of uncouthed Uriah in thought and in perception. Joyce knew the unspeakable truths of putative maritalbliss. He knew of the uncontrolled explosion which often ensues (in N.Y. about one time in four) when the law straps together one helpless man and one woman till Death doth them part. Or in the alternative, divorce. Now the trouble with all our great love poets, as well as all men in general, is that they view marriage from the wrong prospective. They see it from the point of view of two people about to marry, possessing a reasonable expectation of life-longhappiness. I propose an alternate viewpoint. I view the subject from the standpoint of a successful suitor before a New York Family Court. I ask: with what qualities should his spouse be endowed? and: how should he have conducted hisi part in the marriage prior the pending auspicious divorce? The inquiry is most revealing. It might allow a practicing attorney to give preventive advice when his client needs it To One of Life's can be unadulterated fun since this state does not favor Common Law Marriage. But, frankly, the state policy in this regard is wishy-washy. If the two of you tiptoe off together, let's say into Pennsylvania, you may return only to find yourselves regarded as man and wife before the law of New York. So don't forget to obtain your roadmap after you leave the drugstore. 2. If you must marry, select a woman of great physical beauty. Alimony in New York is a linear function of the time required for a woman to acquire another husband after she is divorced. Empirically, a beautiful woman often outstrips her less comely sister in acquiring that all-important second husband. Marrying a beautiful woman, therefore, usually means doling out less alimony at some future time. Whatever you do, do not choose a woman with a unique beauty which only you perceive. After a brief marriage of only several months you may find yourself supporting that perception for the rest of your economic life. Appearances are deceiving. Satisfying the expensive (even if they aren't good) tastes of a Playboy Bunny may be much cheaper than anyone ever imagined in the long run. - Marry an attractively obtuse ex-call girl. You can always tell the judge she 3. never reformed, and the animalistic Family Courts will grant your divorce posthaste. contemplating when first None of the great jursts from the State of most; viz, New York has yet heard a better reason for matrimony. I offer here some simulated divorce than adultery on the part granting fictitious such a client in legal advice for a profitable dilemma. of the wife. And in the case of an ex-call I. Don't marry and don't leave New girl, the problem of proof is non-existent. York State. Living together in New York As many Family Court judgeswill chuckle Nasty Little Problems husband to do? Make no mistake about it, the law may have legendary loopholes in other areas, but in this area it is non-porous. More importantly, how do you think you will finance my reasonable 4. Upon entering marriage, purchase a large affectionate dog. Canines like legal fees and your wife's reasonable legal sacchrines and cyclamates are substitutes. fees ( as the law requires ) in the event of They are economic substitutes for children. divorce? You could try one of those cute your marriage during Should terminate the little Enoch Arden affairs, but you better life of the dog, you will not be faced with be damn careful or else the law will attack the embarrassing Kusier v, SilverS4 Cal. 2d you withits criminalsanctions. You should 603, 354 P.2d 657, problem either. If, on be earning at least $10,000 a year before the other hand, your marriage is still viable applying for a divorce. I'm afraid that in an at the time of your dog's demise, you economic culture, a man's ability to enter might rationally consider fathering a child. into and withdraw from relationships with other people is almost entirely a function 5. Be reasonable in all your demands. of his income. Sorry, but that's just the Remember you have a legal right to way it is, and the law has seen fit to reasonable access to your wife's body. Her guarantee that it will remain that way at refusal to accede to your demands least in the area of Family Law. Yes, constitutes desertion in the State of New through its DRL and through the great York. What about non-sexual demands? jurists it appoints to its Family Courts, I'm afraid that New York law recognizes New York State is determined to preserve virtually none. Just read Willan v. Willan, 1 ail the economicvalues we all hold sacred. W.L.R. 624 (C.A.), and be glad you live in But that's a thesis in itself, a Marxist thesis, New York. and exploring it further might result in my disbarment, (or might if and when I am 6. Neither a rich man, nor a poor man barred). be. Your personal wealth may provide just That will be five hundred dollars, please, the incentive your wife needs to obtain a for legal consultation fees. Thank you. divorce, given the present structure of the Now whatever you do, don't become a New York Domestic Relations Law. social agitator, and petition the New York Furthermore, a shrewd ex-wife of a Legislature for change. Based on the wealthy man is not about to remarry, and legislative reaction to abortion reform, you therby give up her hard-earned alimony. might be effective. The consequenceof this But it is far better to be rich than to be could be very harsh on those domestic poor. In New York, as in almost every state attorneys who thrive on human relations in the Union, our culture is an economy, misery. and frankly, we lawyers are proud of it. If Minsker, 1. Minsker's Greatest Love you are poor, how do you expect to Poems, p. 1103 published by A. Madge & support a family, as the law expects every A.Shunn,N.Y.,N.Y. in private chambers, judicial notice is the answer to such a touchy evidenciary problem. - �April 29,1971 THE OPINION Library Announces New Programs Law Librarian, Vaclav and innovative programs that are being undertaken by the law school which should be in full by Richard Weinberg operation by next year. A paperback collection of books is being made available to all students on an "honor" system. The paperback collection, which replace these willrun $12,000. LAW LABRARY TO BE IN TOP 10 Six years ago the University of Buffalo School of Law Library was within the bottom 25 law libraries, in size. Today the S.U.N.Y. at Buffalo School of , On a Wednesday evening I ventured into the City building to attend a showing of Small Claims Court starring Judge The elevator was inoperative so I had to make my way to the second floor via the dingy stair-well. It had the smell of an overnight cell housing the town drunks. The courtroom was a large, expansive room, reminiscent of courtrooms depicted in those 1930 grade B melodramas. hopefully will reach 3,000 by the time the new building opens, will be available in the reading section of the library to any student who The "honor" system, which is the policy the library is operating on now, generally is working well. While most of the books are returned by those using them after their use, some 5,500 or 3% of the collection was missing as of last year's inventory. Most of the loss was recorded in the Urban Affairs area. The greatest and most costly losses occured in Law Reviews where over 600 volumes were missing, and the cost to First Impressions Small Claims Court Mostecky, indicated several new wishes to "borrow" any of these books. The student will merely take the book and replace it when he has finished with it so that others may borrow it in like turn. There will be three major classifications: (1) Legal Classics, (2) Current and Timely Books of Today, and (3) General Interest which may include fiction, mysteries, and light readings. Mr. Mostecky disclosed that the cost of the program will run about $12,000, But he feels that it will broaden the basis of the library collection, and extend the concept of a law library by offering the student greater reading materials. 5 The room was getting crowded. Sitting up front to hear the action, I awaited theappearance of the judge. I had just gotten back to my seat from a fruitless journey looking for a John, when the bailiff asked all to stand for the entrance of the judge. The judge explained to the assembled audience that the litigants had the choice of trial before the court, or arbitration. It was made quite clear that the court favoredarbitration when the litigants in each case were called one at a time before the court and asked whether they preferred arbitration. If they desired arbitration, it was immediately provided. If either party requested a trial, the case was placed at the Law ranks 28th in size,and within THE STATE AND THE LAW tail end of that night's calendar with no assurance of being heard that the next five years it will be SCHOOL evening. They were informed that they couldbe called upon to appear within the top 10 law school libraries in the country. Under our S.U.N.Y. at Buffalo Schoolof another Wednesday evening to seek justice. presently crowded conditions, Law has a unique place and role There were between forty and fifty cases to be heard within the only part of the collection can be lo play in New York because it is housed in the West Eagle and the only state law school and as threehours alloted for Small ClaimsCourt that evening. The judge was forced to encourage arbitration as otherwise cases would never reach Prudential buildings, but when the such hopes to play a greater role new building is completed in than it has in the past for the the court for adjucation. This combination of heavy case loadand the February, 1973, the library with a bench and bar. With the lack of facilities made the situation very difficult for the judge. It was capacity of 300,000 volumes will Federation of Bar Associations, surprising in fact to see how well the majority of the cases were occupy six floors. At present the the law school next year will handled. collection includes 150,000 provide to any court, judge, or The Small Claims Court as it exists today has its deficiencies,and volumes, a 500% increase from lawyer any library service they 1965, and currently the library may require which will include a visit any Wednesday evening to the second floor of the City Court staff is concentrating their efforts book loans, copy service, and Building will verify that fact. Nevertheless, the Small Claims Court is to fill gaps in sets of volumes, as reference help. The law school an important element of an overall state system for the dispensation of well as keeping to date with new will play an important part also in This court, with its limited function, can be made into a court publications and books. As the the setting up of the justice. which recognizes and understands the concept of justiceand the worth school increases in faculty, computerizing of New York State of the individual. With a little imaginationand cooperation from the specialized areas of law or related Law. The Law School beside areas of social science will having terminals at the new bar this court can fulfill its true function; to provide a rough form of justice for litigants with low dollar claims. Its limited function should mandate the acquisitions in building for students' and specialized areas which will be the professors' use in "finding" the not prevent the court from following the very best traditions of the next phase of the continuing law, will act as one of the judicial system in New York state, as exemplified in the superior process of the libraries plans. monitors for the program. The courts of the state. Building depth will take $1 Eagle Street Campus willalso have Thehow and when of change for the most part is in thehands of milliondollars over current library a terminal for the computer and expenses and in 1973 the first will serve as a resource center for the bar and the legal fraternity. They have the power and part of this will be requested from the legal community in the responsibility to make the Small Claims Court a proud element in the Western New York Area. the State. total judicial system of the state. Sampling of new books now available to readers in the library's new browsing section. Government Litigation Clinic Will Expand by Roger Stone Next semester the government litigation clinic at the school will expand to include several new agencies in an effort to accomodate more students as well to provide more diversity within theprogram. New Clinic assignments will include work at the Social Security Administration (Hearing Examiner), the- U.S. Attorney General's Office, the trial division of theErie County District Attorney,and the Buffalo Municipal Housing Authority law division. In addition, there likely will be some positions available working with the Justices in Family Court as legalclerks. Currently, students are assigned at the District Attorney's Office (Appellate Division), the State Attorney General's Office, the County Attorney's Office, the Buffalo Corporation Council'soffice, and two students are working with Buffalo Common.Council Members. Professor James Manak, who conducts the government litigation clinic and legal aid clinic programs, is now finalizing plans for next falls expansion. He hopes that more students will enroll as the clinic expands. This is the initial year of operation for the government litigation clinic at this law school and has met with success. Mr. Manak has received favorable reactions from the various governmental agencies participating in the program. Students have typically found the experience rewarding and have gained an insight into the actual working of a government law office. A weekly seminar meetingprovides an opportunity for students to discuss cases and problems of mutual interest. It is hoped that with the increased availability of varied clinic assignments, more students will take advantage of the expanded program. "How I Would Amend The Domestic Relations Law" by Alan Minsker one hundred dollarsshall be charged foreach divorce in order to insure seriousintent of the parties. During the last several months, I have indulged myself in a Voltairesquepassion to chide the folly of 2. In all cases of marriages involving children, the world. In a sarcastic letter, I rasped at our adopted, the following three personable new Dean, a real Mensch, even if I do either natural or abhor his superficial philosophy regarding the right elements must be pleaded and proved before divorce will be granted: to speak. In a futile attempt to obtain a Reading Week for the Spring, 1971, Semester, I mounted a lame ass and attacked the Prudential Building with (1) the complaining party is suffering harm little more than a pen for a lance. In another essay, (2) the children are suffering harm which should also appear in this edition of the (3) the cause of the harms suffered by the Opinion, I characterized the New York Family spouse and by the children is the marriage. intended to Courts as "animalistic." I had originally make this article so powerful and caustic that it 3. Alimony shall not exceed fifteen thousand would grasp you by the throat,and kick you in the groin area. But no more of this. Instead, I offer you dollarsper year. something poignantly constructive. I, Alan Minsker, misogynist, misanthrop, misomater, misopater, 4. The maximum length of time for which misopan, PanAmist, and punster, put forward four proposals for amending (improving) the New York alimony shallbe granted is three years. Domestic Relations Law. I journey now to England to study our Common or divorce,shall be Law traditions at first hand, and I shall not return granted automatically upon the mutual consent of till fall. Read again my proposals. husbandand wife in any marriage in which there are All the rest is silence. no children, natural or adopted. A nominal fee of 1. Dissolution of marriage, - �April 29,1971 THE OPINION 6 SURVIVALVQHSUTEAO. by Robert R. Rodecker World today is faced with a new problem: Survival* All the wars of time, the ravages of nature and the most devastating epidemics will pale into insignificance in light of the destruction that mankind is in the process of creating. The destruction is not always intentional, but is the result of generations of ingrained ideas, values and habits. The victim of this destruction is not one country, one race, one species of plant, or animal, nor one person. The victim is the planet Earth. Every country, every race, every species of plant and animal, and every person is involved. They are involved not necessarily because they want to be, but because they have to be. Simply stated, it is a matter of life and death. The destruction that man is creating is environmental The pollution. One may look around and notice the obvious signs of air or water pollution and recall times past when the air was clear and one was able to swim and fish in the ponds, rivers and lakes of our country. Today the air is clogged with carbon monoxide, sulphur dioxide and particulates, and the waters are murky and odoriforous. What caused these changes? What unthinking person would wreak such havoc and for what reasons? The answer lies in the question. These changes, and the rest of the changes that are destroying the ecology of the Earth, are the product of every person in the history of man who has gone through life and thought of his own aggrandizement and given no consideration to the effect it would have on others. The one product of man that has done the most to destroy life, is man himself. According to one noted ecologist, Paul Ehrlich, the population of the world will double within the next 35 years. "So what." some may say, "there is plenty of food and lots ofopen spaces to handle the increase." Well, 5,000,000 people each year would tell those persons that there was not enough food, if they hadn't starved to death. And the headlines in newspapers that report of riots, epidemics and wars would indicate that the last open spaces are almost gone. Because of the population we have today, the fresh water and clean air are quickly vanishing. The fossil-fuels, food and natural resources required to support the first (but most important) step to curb environmentalpollution. It is not surprising that people tend to look to technology for the answer, but it is discouraging. Ingrained in most Americans is the belief that industrialization and a growing economy are imperatives for a better life, even though these are the two main factors that have contributed the most to deplete and contaminate our natural resources. It is much easier for the individual to consider the problems of the environment and disregard his role in its destruction, by relying on the technical geniuses to come up with the solutions, leaving him to continue his role as a Hedonist. This is a trap. It is the one thing most likely to toll the bell of disaster man's willingness to the ignore responsibility of life by relying on others to protect his own best interests. How can this be changed? "We want the maximum good per person; but whatis good? To one person it is wilderness, to another it is ski lodges for thousands, to one it is estuaries to nourish ducks for hunters to shoot; to anotherit is factory land. Comparing one good to another is, we usually say, impossible because goods are incommensurable. Incommensurables can not be compared."3 But all that is required is a judgment criterion and a system of weighing. In nature the criterion is survival; and so it must be with humans. In the increased proximity of one's neighbors, each property owner had to consider the harmful effects his actions might cause others; because of industrialization, huge cities grew around factories and set the pattern for the development of the country. As Garrett Hardin explained: "using the commons (in our case the whole environment) as a cesspool does not harm the general public under frontier conditions because there is no public; the same behavior in 5 a metropolis is unbearable." For generations we have continued to pursue the same course as our forbearers, with few exceptions. The person who owns property situated on a stream or river feels no remorse in polluting the water on his property; once his waste is discarded it becomes someone else's problem. This has not only been true of individual property owners, but also of industry and municipalities. The owner of a factory located on a stream, has traditionally felt a natural right to deposit his waste in the flowing water, completely ignoring its effect on downstream owners. This type of rationale continues until conditions become so unbearable to lower riparian owners, that pressure is brought to restrict the actions of the polluter. Therefore, it is apparent that, traditionally, no action is taken until the damage has occurred. In terms of water pollution, this simply means that without restriction until the rights of others are infringed upon, was more than adequate in a growing country where individual initiative was the key to success. However, country in a complex, developed this type of thinking is, to say the least, dangerous. By waiting until actual harm can be proved, we are permitting those who cause the harm to continue their actions until such time as damage has already occurred. What type of protection is offered to the victim? The victim is everyone in the world, and to wait until millions die before restricting the actions of the wrong-doer would be absurd. But that is what has traditionally happened. However, merely because the legal system always acted in this way does not justify its continuing to act this way in the future. Thus, the legal system, is faced with the problem of balancing social and economic interests in order to stave off the potential destruction has Robert Rodeckeris a second year student at SUNY at Buffalo School of Law. During the summer of 1970 he was a teaching in Ecology the assistant department and is presently a of our environment. economist has for As one noted research assistant Professor recognized the interrelationship of Robert I. Reis at the Law School. society and economy: as the American economic system continues its headlong development, each of us must recognize we are all in it. This realization ought to be in two brackets. The system does things to all of us. Equally, all of us do things to it. We are both benefactors and beneficieries, oppressors and only 1 present population are not the leaders in our greatest corporations there is no denial that the pollution problem is very infinite. This is a finite planet "Even amongonly problem they see is that of economics. According to them they cannot afford to devote The which is fast reaching its limit, serious. the time and technology to discover the most reliable pollution control devices. However, the Earth cannot and a finite planet can support afford let them perpetuate their delaying tactics." to only a finite population; thus, population growth must many instances one good has been as population became denser, and victims, masters of it and eventually equal zero.2 compared to another, but increased waste was dumped into constrained by it. 8 Most people would say that normally for social or economic the waters, the natural chemical processes Much has been written concerning there is undoubtedly an untapped reasons. To protect our and biological recycling 6 technical solution to the problem. environment then, the good which became overloaded. When the the feedback that the community But a technical solution is not the is most apparently favorable to natural processes of a water gives to industry, shaping its role the signs as supplier of the consumer's i-nswer. This faith in technology is the survival of the environment is course are overtaxed, demands.But it has also been held only avoiding the issue and the one which must be accepted. become noticeable, thus raising The United States, like most the ire of those affected. The that society merely buys and uses shunning reality. Technology got is then what industry makes availableand men to the moon and back, but countries in the world, was once a anger of these people the effort that that required primitive, unconquered wilderness directed at the government to thus is not really indicating any would only be a start in solving with plentiful land and resources; take effective measures to ensure recognition, on the part of the problem of environmental today this is not the case. Actions the protection of their own industry, of the community's real needs. It is the maxim that pollution. The output that would which would have gone unnoticed interests. Thus, "what has ultimately formalized into present "economic organization, in be required will only be induced and been harmless, now are either ownership is private of of concepts restricted or outlawed because American doctrine, exists to serve impending imminence of by the disaster, and by that time it will their harmful effects. When our the product of centuries of life, not to determine it," that an expanding the necessities of constantly evolution, was must be If this can be proved. country be too late. The problem must first be faced by the individual. its frontiers, it seemed impossible expanding country, and the shown to be true, then there is the of its state by hope end the that acceptance to the legal system, as Each person must realize that his that there could be any and political protector of society's interests, potential for destroying the limits of resources, but with the fundamental social 7 system of responsibilities." This can bring about an effective environment lies in his ability to growth of population and the procreate. As difficult as this onslaught of industrialization response, based on the rights of an change in the economic system we realization will be, it is only the many changes occured. Because of individual to use his property are now locked into. But this is and not a reality, for the legal system is a system designed to minimize change and protect the status quo.. We are dealing here with a problem that is so fraught with danger that failure to act will result in disaster, and failure to act in a clear and decisive way may also result in disaster. Our system provides for limited change, but can the environment bear the test of time involved? Hopefully we will not have to wait until it is too only a hope, late. But, what is needed to bring about the changes that are required to deal effectively with the problem? That which is required is a total reappraisal of patterned thoughts and values. To accomplish this change, it is contention that the legal system must realize its my responsibility to the welfare of the people by shifting the balance interests from the favor of the industrialists to that of society as a whole. Since World War II our economy has expanded with little or no restriction by the government. But that is understandable since it has been the professed policy of our government to let the economy grow and secure employment for all who are capable of working. It is this ever-increasing growth of industry which has contributed the most marked changes in our environment. And it is this idea of unlimited growth which must be changed in order to ensure us of of future at all, regardless of whether it is the most comfortable or leisurely. The present economic system has matured and progressed by building larger and more expensive cars, more and more household appliances, and innumerable varieties of throw-away and non-returnable items in our interest and at the expense of our future. The American public is presently locked into a frightful dilemma, whereby industry has been able to push its wares off on the unwary consumer. If a "public consensus" really does exist in some areas, it has, so far, not shown its face in the fight to control environmental pollution. It is up to the legal system to take the lead in informing the public, through determined enforcement of strong legislation aimed at these individual polluters. any �April 29,1971 THE OPINION According to Mr. Berle: however powerless any individual may be to deal with economic organization on the economic plane, he does have, in the American democracy, a solid and respected power in the political field. If enough individuals consider that they are aggrieved, they can energize a political intervention.9 Through years of action by aggrieved members of minority groups, some legislation on civil rights has been passed, but implementation has proven even more difficult than gianing recognition. However, the environmental problem does not face the same inborn prejudices that minority rights possess. The ideas and values that need error for the Appellate Division to reverse the injunction granted by the trial court, because of the great loss likely to be inflicted on the defendant by the injunction as compared with the small injury caused to the plaintiff's land by that portion of the pollution which was regarded as attributable to the defendant. Such a balancing of injuries can not be justified by the circumstances of the case. Although the defendant stood to lose more, economically, than the plaintiff, the decision was based one group, but are ingrained in on purely equitable principles. As every person in thiscountry. Even stated in the court's opinion: among the leaders in our greatest "denying the injunction puts the corporations there is no denial hardship on the party in whose that the pollution problem is very favor the legal right exists instead serious. The only problem they delaying tactics. In order for our legal system to' act responsibly in relation to environmental problems, there must be a complete reappraisal of its present standards and methods. Traditionally the taw has acted according to decisions were laid precedential that in some instances down several hundred Although in many years ago. of on the wrong-doer." (Pomeroy's Eg. Jun's vol. 5, s. 530) The Boomer decision, however, indicates the change in values that has taken place within the legal system. Instead situation this is still adequate to with some of today's cope problems, it is totally inadequate in dealing with the problem of environmental pollution. More precisely: "analysis of yesterday's opinions without extensive consideration of those opinions in light of today's factual needs represents the thoughts of yesterday and not the thoughts for tomorrow." 10 Therefore, inorder to balance the interests of society and economy, with the criterion being survival, the legal system need only look into the of adhering to the rule set down by Whalen, the court stated: Role of the Legal System a day when there is a concern for clean air, highly developed industry should not expect acquiescence by the courts, but should, instead, plan its operations to eliminate contamination ofour air and damage to its neighbors. 12 In growing it is changing are not confined to any see is that of economics. According to them they can not afford to devote the time and technology to discover the most reliable pollution control devices. However, the Earth can not afford to let them perpetuate their 7 In that case, the plaintiff, a small fanner, brought an action to restrain the defendant from continuing to pollute the stream which flowed through both properties. It was held that: in this case The defendant's immense investment in the Hudson River Valley, its contribution to the Capital District's economy and its immediate help to the education of children in the Town of Coeymans . through the payment of substantial sums in school and property taxes led to the conclusion that an injunction should not issue. .. To base a decision which involves the health and lives of many people on purely economic principles is, to say the least, absurd; and yet this was the fundamental reason expressed for deciding against the injunction. The court in Boomer was offered a number of possible sanctions to impose on the Atlantic Cement Co. One of these choices would have been the As convincing as this opinion may it was obviously not strong enough to sway the other members of the bench. How people can continue to weigh their lives against the benefits be, derived company comprehend. continue, and in their wake will follow the increased destruction of our environment. The industries, by themselves, will do no more than accept the best present methods of controlling their waste. It is up to the courts to stop taking accepted standard' as controlling and force the industries to continuously improve and eventually prevent all types of pollution. As long as industry is granted their way, the harms that are produced will not "We are dealing here with a problem that is so fraught with danger that decrease through "the most failure to act will result in disaster,and failure to act in a decisive way modern control devices available," may also result in disaster." but will, instead,increase because of the belief that technology will whereby the plaintiffs would be should be noted: find the answers to the problems able to continually bring actions against the defendant, until such I would enjoin the defendant of the environment. Although company time as the defendant was able to most industries are devoting some from cement bring his pollution under control. continuing the discharge of time and money to these devices, The court, however, in order to dust particles upon its it follows the old adage of "too prevent a multiplicity of suits, neighbors' properties unless, little, too late." The longer this granted an injunction subject to within 18 months, the cement type of reasoning continues, the company abated this nuisance. less likely the survival of our be vacated upon payment of permanent damages to the It is not my intention to environment becomes. plaintiff. The theory of damages cause the removal of the being the "servitude on land" of cement plant from the Albany plaintiffs imposed by defendant's area, but to recognize the Alternatives nuisance. As espressed by the lone dissenting judge in the Boomer decision: the injunction to become inoperative upon the payment of permanent damages, the majority is, in effect, licensing a continuing wrong. It is the same as saying to the cement company, you may continue to do harm to In permitting urgency of the problem stemming from this stationary source of air pollution, and to allow the company a specified period of time to develop a means to alleviate this nuisance. I am aware that the trial court found that the most modern dust control devices available have been installed in defendant's Dlant. but. I future and determine whether activities would be disirable to the survival of the Earth rather than looking to the past and decide whether such activities were at any time in the past undesirable, or would be undesirable in light of today's standards. The Scales of Justice New York, (Boomer v. Atlantic Cement Co. 26 N.Y. 2d 219 (1970), overturned a standard been that had for fifty-seven typical of our present operative years. It is va lues and beliefs, in 1907, McCarty v. Natural Carbonic Gas Co. held that: the ancient maxim of (sic utere tuo ut alienum non laedus) is the foundation of the well established rule that no one may make an unreasonable use of his own premises to the material injury of his neighbor's premises, and if he does the tatter has a right of action even if he is not driven from his dwelling,provided the enjoyment of life and property is materially lessened. McCarty was followed by Whalen v. Union Bag and Paper Co. 208 N.Y. 1 (1913) which established the rule that lasted until last year. the legalsystem is designed to minimize change and protect the status quo." imposition of a permanent injunction which would have the of closing down the plant's operation. This was obviously not to the liking of the court, but would have been directly in line with the rule laid down by Whalen. The court recognized this; but held that: "by denying an injunction the result is a departure from a rule that has effect your neighbors so long as you pay a fee for it. Furthermore, such permanent damages once are assissed and paid, the incentive toalleviate the wrong would be eliminated, thereby continuing air pollution of an area without abatement. rule Judge Jasen's appraisal of the problem seems to be much more atuned to the danger of permitting continuing wrongs to possibility would have been the penalty other than the imposition of a single pecuniary settlement. settled; but to follow the literally in these cases would be to close down the plant at QXAce."(Boomer at 25) Another been imposition of temporary damages, is difficult to Until the courts begin to realize the importance of the problem, these decisions will certain A recent case in from the continued production of cement, and come out in favor of the cement go on His uncontrolled, suggestion and with no reasoning submit, this does not mean that better and more effective dust control devices could not be developed within the time allowed to abate the pollution. Moveover, I believe it is incumbent upon the defendant to develop such devices, since the cement company, at the time the plant commenced production (1962), was well aware of the plaintiffs' presence in the area, as well as the probable consequences of its contemplated operation. Yet it still chose to build and operate the plant at this site. What has been presented as an almost simple answer to the problems of environmental pollution is, of course, much more involved than simply deciding that whatever is harmful to our environment must be eliminated. However, until the urgency of the problem is realized, little or nothing will be accomplished by ignoring the obvious signs of pollution. In order for any positive change in our present concepts to be accepted, viable and effective alternatives must be presented. As evidenced by the Boomer decision, even then the likelihood of change is not very high. The courts can not attack the problem alone; it must be an all-out realization in all segments of our government. Positive and effective legislation must be forthcoming, based on land, air and water quality preservation. This is going to come into conflict with one of this country's most cherished traditions, private ownership of property, and may prevent the acceptance of any meaningful action on a country-wide basis. The only hope of success in restricting private property, is an overall awareness of the urgency and necessity of this drastic measure. The present methods of restricting the use of private property are basically: nuisance law, as evidenced by the Boomer case Supra., the use of eminent domain, and the use of the police power through such measures as zoning ordinances and building regulations. The nuisance laws were adequately summarized in the McCarty decision. The other two methods are the two underlying principles of land-use control, and will, most likely, prove to be the most significant tools of government in controlling B.<VIIIIHM>I111 ..IIUUUUie (continued on page 8) �8 THE OPINION encroach on a zoned Flood plain, when such action is considered in a survival context. In Section 1of the Standard Zoning Enabling NT Act, of 1926, the first sentence that as applied to them, the indicates that: "For the purpose unique poses and of promoting health, safety, a ordinance special hardship, so as to amount morals, or the general welfare of property, the community, the legislative to a taking of the without just compensation. To body of cities and incorporated avoid paying for the property, the villages is hereby empowered to administrative body will typically regulate and restrict... the 14 grant that individual a variance location and use of buildings." and permit the land owner to use And yet, when a zoning ordinance useswithin his land in a manner incompatible was enacted torestrict use with the intent of the ordinance. a Flood plain, an individual's Also, it has been very difficult in of private property was more harmful important than the the past to eliminate nonconforming uses that existed effects that such a use could prior to the enactment of the generate within that area. Had the zoning ordinance; therefore, prior court in Dooley fully understood nonconforming uses are normally the urgency of the problem and Survival environmental pollution. The main distinction between these two governmental powers is compensation. The power of emin.nt domain is an inherent attribute of sovereignty, and through constitutional limitations the government is required to pay "just compensation" for any land taken. The police power, however, does not require compensation for the diminished value of the land that is regulated. Unlike the State, the municipalities have no inherent power of eminent domain, therefore, the power to condemn private property for it is apparent that, traditionally, no co '_ action is taken until the damage has occurred." must result exempt from the restriction of the from an express statutory ordinance. There have been exceptions, whereby a prior authority from the State. To justify the infringement of nonconforming use has been given and degree of restriction upon an a specified length of time to individual's private property conform to the ordinance, (e.g. under land use controls, the Harbison v. City of Buffalo, 4 acceptance by the community, N.Y. 2d. 553, 152 N.E. 2d 42, depends upon the reasons for and 1958), but this is not the rule the necessity of such measures. today. In addition to the variance Traditionally, this acceptance has and prior nonconforming uses, been generated by a balancing of zoning also can be modified by the benefit to be received by the rezoning, special permits and community as a whole, against the exceptions, and floating zones. All loss to the individual whose of which are provisions for the property is being restricted or orderly and reasonable application taken. In a survival context, the of the restrictions imposed by a justification of land use controls regulatory measure. However, if would appear very simple, i.e. the zoning, as one method of the benefit to the community police power, were used within a (survival) would be infinitely survival framework, these more important than the modifications could limit the economic loss to the individual. effectiveness of the measure to a The test must be, are certain point where only new uses would activities and use compatible be regulated, and those that had within a survival framework? already existed and were creating Instead of relying on traditional the harms prior to the enactment b a 1an ci ng of interests, it is of the regulation, would continue imperative that the criterion of to carry on their activities as survival be used in order to before. This would be anathema achieve a "better ordered land to a workable program to control environmentalpollution. use". In the case of zoning, it is not Although both governmental powers; eminent domain and the difficult to show that the courts police power, should prove have consistently followed the effective in the control of same type of reasoning as was environmental pollution, it is evidenced in theBoomer case. In obvious that one problem Dooley v. Town Plan Zoning immediately arises with the use of Comm'n, (151 Conn. 304, 197 A. eminent domain. That, of course, 2d. 770, 1964), the Town of is money. The governmental Fairfield enacted a flood plain acquisition of private property zoning district restricting the use through eminent domain is a very of land within the district to parks costly enterprise, and to apply and recreational facilities, this method singularly, for governmental wildlife sanctuaries, pollution control, would be farming, and accessory motor impossible. For this reason, the vehicle parking. The court held police power may have a decided1 that this was unconstitutional in advantage for the purpose that the use of the plaintiff's land suggested here. One of zonings had, for all practical purposes, chief attributes is its flexibility. been rendered impossible. Again, While this may be a definite the balancing of public and advantage in customary zoning private interests resulted in favor practices, it could be very harmful of the one who had the greatest in regulating land-use for economic loss, and not in favor of pollution control. For example: the public health and wlefare. It zoning ordinances normally seems almost incredible that a in provide for the granting of decision could be returned to variances for those who can show favor of someone wishing governmental use - considered the possible harms attendant upon building in a Flood plain, the balancing of interests would necessarily have to swing over to the public health, safety and welfare. Instead, the court, in protecting an individual's economic loss, threatened the ecological balance. of a water course, the full effects of which may just be beginning to appear. I n order for any decisive change in existing regulations to become effective, the numerous harms, both social and ecological, must be enumerated and presented within a survival framework. Whereas the instance of just one person building within a Flood plain may not seem April 29,1971 tenure which once existed at common law in the Feudal system. 16 immediately or eventually harmful, the possibility of destroying a vital ecological area is very high. The interrelationship of all forms of plant and animal life, will only be allayed and the effect these have on These fears human necessities, must be taken upon the realization of the of governmental In to necessity order into consideration. intervention, and the realization regulate land use for open land or purposes, "normal processes of the that air and water quality the objectives which underlie such life" will not be interfered with, but will be enhanced. regulation must be clearly and precisely stated. Thus, the uses which would be harmful within Conclusion be very such a framework would relating easily distinguished by How likely is it that any of them to their possible harms, with in ideas, valuesand survival being the standard. With these changes will ever come about? beliefs these objectives and the criterion established, any legislation or Some say that they will never be others contend that exercise of governmental powers realized, the could respond to the goals people are changing andofthat the established and not to the future will be taken care by To technical solutions. this writer problem which already exists. that these Section 3 of the Standard it does not seem likely Zoning Enabling Act, requires changes will come in time. Only a or a disaster common great shall be that "such regulations bring about the made in accordance with a struggle will urgency needed awareness of the ." comprehensive plan Therefore, any regulation of land of needed action. The vested realize their use within a survival context, (e.g. interests which must water quality) would have to part in the struggle are not only indicate the desired objectives for the industrialists, legislators and the area being regulated, and jurists, but especially the common man is would also have to indicate man. The common restricted uses and possible harms everyone, and everyone must bear caused by such uses. Only those the strain of change. Man is a To ask industries and private owners who selfish creature by nature. washing conform to the specified water him to give up his car, quality standards would be machine and right of private permitted to use the land to their property, in order to protect his benefit. Thus, prior fellow man and his whole nonconforming uses would either environment, will most certainly have to conform to the standards; meet with no great approval. But through recycling, renovation or that is what must be done. There other methods, or they would be was a time when a man could do forced to leave their land. as he wished, within limits, and Variances would not be permitted concern himself only with the unless it could be shown that the betterment of himself and his use proposed by the applicant is family. Today, the world is proved to have no deleterious smaller. It has not changed in size, effects on water quality or any but by virtue of communication, ecological system. As indicated by transportation and exploding Mr. Reis in his paper on Open population, the earth has shrunk Space Preservation, there are three to the point where man can no major fears which result from longer disregard the effects of his increased use of eminent domain actions upon others. Perhaps the one action which we, as or the police power, they are: 1) The fear of continued Americans, must be most careful reduction of valuable land of is inaction. Because of our prosperity, resources and within the private sector. 2) The fear of never-ending technology, we have the growth of governmental capability of doing the most to interference with the stem the tide of environmental normal processes of life and, destruction, but it is our 3)The fear that the complacency and self satisfaction government will become the which may prevent us from major holder of land, exercising our capabilities to re-establishing the system of achieve this goal. By the time our country fully realizes its responsibility to the world, it is likely that those resources will be reserved, out of necessity, to the protection of this country alone. . FOOT NOTES 1. P. EHRILCH, The Population Bomb. 2. HARDIN, The Tragedy of the Commons, in THE ENVIRONMENTAL HANDBOOK (1970). 3. Id. at 34. 4. Id. 5. Id. at 40. 6. Id. at 39. 7. Reis, Legal Framework For Open Space Preservation in Expanding Urban Areas, Bulletin 567 Northeast Regional Resource Economics Committee 8,14 (1968). 8. A , Berle, Power Property 24 (1959). Without 9. Id. at 91. 10. Reis, supra note 7 at 10. 11. Boomer v. Atlantic Cement Co. supra at 230. 12. Id. at 231, 232. 13. Reis, supra note 7 at 28. 14. U.S. Department of "Ingrained in most Americansis the beliefthat industrialization and a Commerce, A STANDARD growing economy are imperatives for a better life, even though these STATE ZONING ENABLING are the two main factorsthat have contributed the most to deplete and ACT, (1926). contaminate our natural resources." 15.1d. 16. Reis, supra note 7. �April 29,1971 THE OPINION 9 Phi Alpha Delta Women Students Attend National Conference Four first year students from SUNYAB School of Law attended the National Conference of Law Women held at the University of Chicago Law - 10. Getting a Job After Law School job placement, job discrimination, forcing law schools to act. School on April 2-4. The students, Yvonne Lewis Relationship of Law Women to 11 .Sisterhood: Rachael Mueller,Barbara Clinton and Sally Men'dola Women's Liberation Movement Coordinator met with approximately 150 women law students Joreen. 12. Poor Women, The and attorneys from across the country to discuss and The Women's Law, topics ranging from the problems of women lawyers Movement coordinator Ginger Mack, Chicago to the general legal problems of women in our society. 13. Survival in Law School. The following is a preliminary report of the 14. Legislative Reform conference by the students: "Saturday night, Mickey Lena (Chicago) spoke "Friday night's program consisted of a panel discussion with questions and answers. The panel by request on the Angela Davis case. Sunday consisted of practicing women attorneys morning, regional meetings were held. Sunday representing the diverse fields of Public Defender afternoon, we considered resolutions at a plenary (Carolyn Jaffee), small firm (Helen Jones), Legal Aid session. (Jane Stevens), sole practice (Renee Hanover), "A resolution naming Angela Davis and other State's Attorney (Lucia Thomas), and the Law women political prisoners was defeated in preference for one which urged the freedom of women Commune (Susan Jordan). "Saturday Afternoon, Florence Kennedy and prisoners in general. A discussion of Ralph Nader's proposal for a women's law firm focused around the Diane Schulder (Abortion Rap)spoke. "The remainder of Saturday was devoted to sexist aspect. Some discussion ensued on the class-«litism angle i.e. Nader's proposal to recruit at workshops. NYU, Harvard and Yale for women to establish a The Topics were: 1. Radicals as Lawyers coordinator: Renee Washington-based women's law firm to research projects to be designated by Hanover Nader. The women Legal 2. Workers dealing with the question of from the above-named schools seemed to have legal jobs for those who never went to law school, focused on the sexist angle. They were reminded that there are law schools in the rest of the professionalism, elitism,role of legal secretaries. country 3. HEW Regulation Enforcement dealing with too. Some people felt that elitism was just as important as sexism. discrimination. "Another major issue which surfaced at the 4. Title VII Enforcement dealing with discrimination. conference was the relation of black women to women's liberation. This was raised by several black 5. Should a Woman go to Law School? recruiting women, students, professors, part- time women from Texas Southern Law School. They felt the conference as a whole was irrelevant to their study. 6. Women and the Law: A Law School credit needs. Apparently, the Chicago women who planned course discussion of the Yale course with Ann the conference did not expect any black women to attend since the black women at the U. of Chicago Friedman. were not supporting the conference. A resolution 7. Protective Legislation. was offered at the plenary session dealing with this 8. Abortion 9. Women Up Against the Criminal Justice question. "Several new women's publications were System women in prison (30-35% for prostitution at Women's House of Detention accoiding to Vera announced. One important one is the 'Women's (continued on page 10) Institute study) : - - The Carlos Alden Chapter of These gentlemen will be Phi Alpha Delta, at its meeting on installed at the closing affair of Friday, April 23, 1971 elected its the fraternity on Firday night Executive Board for the 1971-72 April 30, 1971 at the Park Lane academic year. The newly-elected Restaurant. Board members are: The fraternity will induct its new members on Friday Justice MarkFarrell afternoon April 30th in Part IV of Vice Justice William Lobbins County Court. At that time Judge Joseph Mattina will be inducted as Secretary Timothy Kane Treasurer Richard Weinstein an honorary member of the Chapter. Marshall Richard Clark - -- - - - New Officers Elected - - - - - New P.A.D. officers (1 tor) Richard Weinstein, Treasurer, Mark Farrell, Justice, and Bill Lobbins, Vice Justice. Notes Frown Elsewhere by Mike Montgomery will save American lives. He even accused Tricky Dick of attempting to out-escalate Johnson an attempt which, as the prominent anti-war ex-legislator might note, would Professional Police Education merit a place in any man's book of records if successful. Like an Argonaut of old, he pointed out that RMN is Most social scientists and many students of the law steering his ship of state in a reptilian and dangerous enforcement problems in urban areas point to the strategic course twixt the Scylla of Chinese intervention and the use of higher education as a means of changing the police Charybdis of Russian involvement. Goodell has already for the better. Dream on, says Jackwell Sussman,Research conceded Laos and Cambodia to the North Vietnamese Coordinator of the Institute for Studieson Law and Social all caused by Nixon's own interventionalism. The gist of his message was this permanent Behavior. Such efforts, he claims, are irrelevant because they are based upon false assumptions and offer no reward reliance on U.S. military power is dangerous and not to the police. Intrinsis to Mr. Sussman's argument is the effective. Theimmediate answer: get out. theory that higher education has itself been oversold through hubris and to garner financial support. In any The Gavel New England Schoolof Law, Boston, Mass. event, he claims the goals of increased efficiency and responsiveness to the local community are mutually Police Education Again exclusive. True to the radical analysis, Sussman alledges In contradistinction to Sussman of American U., one that the policemen's need to dominate and control may be realized without restraint because the people they interact may note that NESL is attempting to do what Sussman with the most are the poor, the young, and theBlack all considers impossible, namely to teach the cops. This Boston Law School claims to be the first to start a with no power or standing in the community. program under the Department of Justice and Omnibus As for the University as a means ofeducating cops, it Crime Control Act of 1968 in the education of law is also alledged that there is no core of knowledge or is seen as an theories or policy usable as a basis for professionalizing the enforcement officials. The program combat force. Thus, professional education of police is not implementation of Nixon's crimeofprogram to behavior criminal lawlessness, to stop the tide possible. Matrix Washington College of Law, - American University - - - From a teleological viewpoint, Sussman suggests a overshadowing the civilised life of Middle America. redefinition of the role of the police in society and a University of Michigann greater specialization, with the need for reward structure Law Quandrangle Notes in each specialty as encouragement. "Whirr, click, whirr, from a 'lectric blob, IBM says you've Goodell is Still Around Former Senator Charles Goodell is still marching for peace under his dove, although said bird has lost a few feathers since Jim Buckley lit a torch under it and Spiro drowned it in ouzo. In a special article for their paper, Goodell likened the war in Viet Nam to a Loathesome Disease which fades only to break out again with greater virulence. The former Senator's first target was air escalation over the North. He pointed to the bombing threats from Milhous and Laird's comment that lack of progress in Paris is adequate cause for renewed bombings as our indication of this possibility. With such escalation as a given, the scapegoat Republican decriedNixon's claim that hismoves lost your job." Computers in the law? Prosser save us from such a mechanistic fate. My old friend Rhadamanthus yon Berolfingen, Professor of Defenestration at Prague (Presently on Sabbatical in Yakutsk, Siberia) would never lend his consideration to such a pact with the Devil. After all, it might be efficient. God help the legal profession at such an unhappy eventuality. Such feeble attempts at humor aside, a U.M. prof is involved in the experimental programming of computers for the solution of legal problems. Professor Arthur Miller, the man behind the whirling tape storage desks, observed that the legal profession is, like many others, a victim of theinformation explosion. Thus taw officers and schools are losing their capability to store such stuff, cull through it, and particularly remember it with any degree ofaccuracy. How are you going to explain to the alumni that IBM 360 was just made editor of the Law Review? The Barrister an University of Miami, Florida Interested in taking a dive without having to become a professional wrestler? Well, if you don't want to tackle Kurt yon Hess or Ernie Ladd in the Aud., script in hand, you might try for an LLM in Ocean Law, offered by Miami in conjunction with the Rosenthal School of Atmospheric and Marine Science. Ocean Law is described as "public order of the ocean environment." It includes courses in ripuarian rights, international law, admiralty law, and interdisciplinary courses in fishery management, marine geology, and oceanography. I can see myself now in conference with Charley the Tuna suing Star Kist for intentional infliction of severe - emotional distress. Where else but at Miami would the cover of the law school paper consist of a full color picture of a pelican winging over blue waves frosted delicately with a lacing of white spray. Not a bad image to rest one's mind in contemplation thereof, come to think of it. Obiter Dicta Osgoode Hall, Toronto Radical Apathy in the North Some acquaintances of mine at Osgoode (bless their bi-cultural souls) have come up with a number of novel ideas about legal studies. Masquerading under the name of Gamble Benedict Jr. (remember her?) they suggested that the curriculum be expanded to include weekly rap sessions with the Dean as a credit course being about as well-attended as most of those currently inflicted upon the student body. Finest thought of all was the proposal that exams not be marked by members of the legal profession, since suchindividauls would not acquiesce to the "... airy-fairy bullshit that some of the super cool and ultra-liberal professors dish out as law." Suggested seminar topics were "Test Tube Babies and theLaw," and "Nucleated Families as a Viable Institution Today." - �April 29,1971 THE OPINION 10 Balsa Attacks Bar Exam the careers in A re-examination of shopworn and poverty law are put at a disadvantage by the current bar exams. It is the racial discrimination admitted to the bars of the various states is long inherent in the bar exams, however, that is overdue. Although these processes appear fair and particularly invidious despite the protestations of objective on their face, they in fact operate to assure almost every segment of the legal fraternity that the membership of the bar will remain concerning their commitment to increasing the predominately white. Most members of bar number of black lawyers, the remains that the association boards of examiners are white, and some structures of the profession still make any such from backgrounds and types of practice that do not increase impossible, and no significant effort to remotely resemble the kind of practice that black reform those structures has yet been forthcoming. lawyers are usually engaged in. As a consequence, The law schools themselves are greatly at fault, of the bar exam is aimed at specialized areas of course, but the bar exams, too, bear a considerable knowledge in which lawyers who intend to practice share of the blame. It is imperative that tests for the in the expanding areas of poverty and consumer law admission of black lawyers be reconstituted and have little interest and in which they may have, made relevant to the kind of practice that they are in quite understandably, little expertise. It therefore fact going to be engaged in. Black applicants for the works to the benefit of lawyers whose practice is bar, in other words, should be tested on their going to be altogether traditional, and to the knowledge and expertise in the areas of law in which detriment of those whose practices may be more they intend to put their talents to use. As presently experimental and innovative. The effects of constituted, however, bar exams are wedded to the thisextend beyond racial considerations, of course, traditional indices of legal competence, and in since white lawyers as well as blacks who aim at measuring legal skills only in terms of those indices, they are indisputably racist. Graduation Plans discriminatory processes by which attorneys are WOMEN STUDENTS ... . (continued from page 9)I "Verbal ammunition from practicing women Rights Law Reporter' (180 University Aye., Newark, New Jersey, 07102). This is to be a clearing house attorneys: ." name's not baby, it's counselor in "My women's law. The first for relevant developments issue appeared in January 1971 (SI at above ((Susan Jordan) money is by where going "Cure the poverty address). "The American Association of Law Schools ."(Florence Kennedy) "Men don't know how to act towards a woman special committee on women in Legal Educationhas published the results of a questionnaire sent to law \who won't be intimidated." (Renee Hanover) "Comment from a male adverse attorney giving school deans. The results show that over thelast four years, the percentage of women entering law schools iin on a point: (Jane "Just so the little girl won't cry has increased from 4.30% to 7.82%. However, this rate is only a fifth of our proportion of college JStevens) "Law is a good hustle ." (Florence graduates (40% est, in 1970-71). Women law faculty constitute 2.39% of full professors and 6.16% of IKennedy) P.S. Renee Hanover and Susan Jordan assistant professors. Three schools reportedly have established day care centers. I have been wearing pants to court in Chicago." ; .. . . Announced The Fifth Annual Hooding Ceremony of the State University of New York at Buffalo Law School will take place onThursday evening May 27, at the Mary SetonRoom at Kleinhans Music Hall at 7:30 p.m. The Mary Seton Room has a capacity for approximately persons. Therefore, each senior can bring about five guests to Graduates and faculty are expected at the Hall at about run through the ceremony to avoid snags. 7:00 It is recommended that the law graduates attend the graduation the Main Campus on May 28, at 10:30 a.m. Rehearsal is 9:30 on that morning. The ceremony will take place on Rotary Field. There is no limit to the number of guests the graduates can ceremony at at bring. After due investigation, the majority of the senior class wishes to wear the traditional caps and gowns. The caps, gowns and hoods will be rented at 9.50complete cost. Each senior may keep the tassell. The caps and gowns can be worn on both occasions. The first fitting will take place on Monday, April 26 from 10:00 a.m. to 1:00 p.m. The second fitting will take place on Thursday, April 29, from 1:00 p.m. to about 5:00 p.m. in the Lounge. There will be printed invitations and tickets for members of the graduating class. '$_£Z M___' Wi I — _~- -^.^<^^^m^^^^m\w mw 1970-71 Opinion Staff. Kneeling (1 tor) Mike Montgomery, Ass't Editor, JohnSamuelson,Editor-in-Chief, Malcolm Morris, Business Manager, George Riedel, Ass't Editor. Standing (1 to r) Jeff Sommer, Samuel Newman, Joseff Keefe, Alan Minsker, Bill Lobbins, Samuel Fried, Bill MacTiernan. Absent from picture: Rosalie Stoll, Jeff Spencer, Kathleen Spann, Richard Weinberg, Paul Stavis, and Alan Snyder. Come join our staH. All positions to The Rev. Hugh G. Carmichael will deliver the invocation and Howard L. Penny, organist, has been retained for the evening. A class gift to the school has been obtained by the chairman. TI.E OpiiNioiN Is GI.OW.Nq bIJT iT NEEds yOUR ItE-p! _ 875 the Ceremony. Kleinhans Music Hall has adequate parking facilitiesand is centrally located. A cash bar is available for the guests and refreshments will be servedafter the ceremony. Hooding are open For next year. Contact JoHn Samuelson �April 29,1971 Distinguished THE OPINION Visitor's Forum Schroeder Speaks On Role Of Federal Prosecutor by Mike Montgomery One field of the federal system which came under criticism from Mr. Schroeder was the lack of H. Kenneth Schroeder,U.B. Law Alumnus and flexibility for bargain pleas. Since there are few U.S. Attorney for the WesternDistrict of New York, misdemeanors available on the books, where a in Buffalo, spoke before the Law School on his own penalty less than felony would have been role in enforcing the law in society April 16. He appropirate, on manyaoccasions his has had to delineated his prime role as that of protecting the strain things considerably to breakoffice a charge down citizens, of balancing the right of an individual from a felony to a misdemeanor. suspect with the benfits and interests of the citizenry as a whole. One surprising statistic he offered for consideration was that in 80% of the cases brought up in W.N.Y. for Federal action, his office declined to prosecute, despite the misconceptions and allegations of many that the Government indicts every suspect. His role is to balance, be fair, and screen out those cases where prosecution of picayune matterrs would not be of great public benefit. An example of those cases which the Attorney's office does prosecute in Buffalo are bank robberies, presently enedmic on the Niagara Frontier. Mr. Schroeder indicated that rapid action in this area was necessary as a warning and deterance to incidents where 16 year oldkids walk into a bank for a hold-up because they have heard of no 11 News Briefs NCLU NEEDS HELP The Niagra Frontier Chapter, New York Civil Liberties Union, needs your help. Law students can contribute time to any ofour many projects-Prisoner's Rights, court records, trial watching, for example-or help our staff attorney in the office. Or initiate a civil liberties project of your own. If you have some time and want to spend it working in law for the public good, contact our office: 1370 Main Street corner of West Utica (883-0946) FEE REFERENDUM Richard A. Siggelkow, Vice President for Student Affairs for 5.U.N.Y.A.8., has notified the SBA that the student fee referendum held at the Law School on March 26,1971, is invalid. In accordance with Resolution 71-90 adopted by the Board of Trustees, each component of the State University system must, prior to the end of the 1970-71 school year, determine by referendum whether student activities programs shall be supported by either voluntary or mandatory student fees. In such referendum the officially adopted ballot form must be used, insuring uniformity throughout the state. Such referendum will be held at the Law School on Thursday and Friday, April 29 nad 30, 1971. LIBRARY BROWSING COLLECTION prosecution in the area. One of thehardest areas for the U.S. Attorney was the area of so-called political prosecutions. Mr. Schroeder attempted to counter the impression in the minds of many that a fearless, souless establishment is out to oppress dissent. He commented that many equate working for the Government with evil, a narrow-minded, even U.S. Attorney H. Kenneth Schroeder speaking in bigoted position, although admittedly not everyone Room 110 last week. does theirjob too well. Such is also true, however, in the ACLU or any other line of work. One well-deserved target for Mr. Schroeder's criticism In commenting on a question concerning the were some narrow-minded allegedly liberal number of blacks working in the Justice Department, put academics who automatically down all those the speaker observed that there is a who don't agree with their philosophy, who tend to tendancy among young lawyers not to be a repress or shout down their opponents in debate prosecutor or work with the Government especially among blacks who would prefer to fight oppression who disagree with them. In response to questions concerning the rather than prosecute. One Freshman member of the audience painted subpoena power on records as a deterance to free speech and free press, the U.B. alumnus noted that the 1899 Rivers and Harbors Act as a means to fight environmental certainly problems their injuctions or criminal has the right to protect the the media identity of its informants, but stated that where sanctions against firms such as Bethlehem Steel. Mr. there was a completed media package for public Schroeder commented that such basically criminal presentation then the document or film clip should statues are not appropriate means to eliminate or be subject to the subpoena power. If the material is solve all social problems in the U.S. being rather a being put together for free discrimination anyway, last resort, because of their characteristics as a there would be no harm in exposing to a court what Democlean sword. It would be better to have was intended in any event to be exposed to the industries work to clear up an area gradually than world. have them plead guilty and pay a fine, with the Mr. Schroeder emphasized the power and situation remaining unchanged. As for shutting down responsibilites of the Fourth estate, which he a plant, Mr. Schroeder did not consider such action described as having more power in society than any appropriate, particularly where an industry is doing other force, including the Government, because of its best, because the resultant job layoff would have its captive audience. The media has the last word, for a disasterous economic effect upon the community. in any attempt to rebut their interpretation an Such procedures would be appropriate only where opponent can reach the audience only through the (continued on page 12) media itself. Radical Law Collective Prepares Study Outline A group of 14 Freshmen law students known as the Radical Law Collective have prepared and printed an extensive outline for the study of Environmental Management, a course currently required forFreshmen in the second semester. The group states in their introduction to the material that the project "was initiated as a beginning toward collective attempts to grasp and master the materials in our classes. Our feeling is that learning is something best accomplished in a group with the benefit of others' suggestions, criticismsand stimuli." They cautioned the user that "This outline is not presented as a substitute to class attendance or reading and briefing the materials" himself. Exerpts from the text of the introduction follow: We are doing this not only out of our belief in the value of collective effort, but also in reaction to the emphasis on competition and individualism which permeates our academic existence This fragmentation is not simply characteristic of our academic life, but is a reflection of the values fostered by capitalism. We have been taught that the individualsim and cut-throat competition are - pillars of our system. While labor competes for jobs and students compete for grades and admissions, the very same persons who mouth these individual values conspire together to control distribution, set prices and insure a market for war materials. They have learned the value of collective action and have used it to control our existence. It is time for us to overcome the false-morality we have aculturated and join together in struggle to regain control over our own lives. This outline is clarly the work of different people, each having varying approaches to the material. No attempt was made to edit the various sections or to make them uniform in style or approach. We felt incapable of saying any one way was superior to another. What works for one of us may not work for someone else. Therefore, please use these outlines as you wish. We have purposely left margins and printed on one side of the paper only so as to make this easier for you to read and comment upon or edit. we plan on breaking into For ourselves smaller groups in order to go over the course entirety and hope that you too will material in its use a collective approach. - , . As an experiment, the library has set up a browsing collection of magazines and paperbacks in the reading room. The paperback collection initially consists of 35-40 titles, and will consist of approximately 200 titles by May. Circulation is on the honor syste; books should be returned as soon as possible to allow for a wide circulation. The collection has been set up as an experiment. If used and returned, it will be continued next year. Your suggestions would be appreciated. the books are CORPUS JURIS AWARD Senior law students who wish to be considered for the Corpus award based upon performance in the current academic year must apply on or before May 7, Details upon performance in the current academic year must apply on or before May 7, 1971. Details Juris 1971. can be found in notices posted in both the Eagle Street and Prudential Buildings. PRIZES ANNOUNCED The following prizes performance in 1969-70: have been awarded on the basis of 1. Corpus Juris Secundum Student AwardNorman Rosenberg of the Junior class. 2. West Hornbook AwardGrace Blumberg of the Junior class and Michael Calvette of the Freshman class. 3. Sprague ScholarshipsFirst prize: Michael Calvette. Second prize shared by: Bernard Brodsky, Leßlanc, Samuel J. Palisano,and John C. Spitzmiller Norman A. 4. Clinton Scholarships First prize: Grace Blumberg. Second prize shared by: Barry Gassman, Daniel J. Murray, Bruce Norton, Norman Rosenberg and Gregory Stamm STRASBOURGHPROGRAM students going to Strasbourgh, France this summer to attend the Human Rights Seminar please contact Professor Buergenthal about registration and credit immediately. Those SUMMER SESSION In addition to the courses listed in the last issue of The Opinion the following courses may be taken for credit this summer by law students: L-420 Problems of Environmental Quality (Reis), 9:30 10:50 a.m. - - Juvenile Courts (Teitlebaum),! 1:00 12:20 p.m. Classes will be held at Ridge Lea and will be in the first session which runs from June 7 July 16, 1971. L-454 - MATTACHINES NEED AID Do you believe in the rights of homosexuals? The Mattachine Society of the Niagara Frontier, an organization formed for the protection and extension of rights of sexual minorities, desperately needs members with some legal training. The Society is constantly faced with situation of police harassment and entrapment and conflicts with the State Liquor Authority. In addition the Society is interested in extending the rights of sexual minorities in employment and housing. Legal advice in the area of public demonstrations and picketing is also becoming more and more useful to homophile organizations such as the Mattachine Society. If you wouldlike to help in either an official orinformal capacity, please call the Society at: 854-9170 �April 29,1971 THE OPINION 12 Report From Amherst New Law Building Takes Shape by JoseffKeefe On Tuesday, May 11, 1971, at 3:00 P.M., a ceremony to set the cornerstone on the new Law and Jurisprudence Building will be held on the Amherst Campus of the State University. Although the law building is not scheduled for completion until December of 1972, the formal cornerstone ceremonies will be held next month. Once the facility is built, a permanent setting for the stone will be styled in the floor of the main entrance. With progress on the law building and a dining and dormitory complex under way, the initial stages of the State University are developing. The Law and Jurisprudence Building is located off the M illersport Highway, approximently one mile north of Maple Pond. The construction to date includes most of the cement groundwork and part of the steel exterior framework- for the seven-story structure. Having worked through the winter months since (continued, from page 11) SCHROEDER there is immediate danger to health and welfare. One may note in passing that Mr. Schroeder's presentation was quite sparcely attended. Such apathy, when the speaker is prominent in the local community and has a topic well worthy of consideration, does not speak well of our academic community, particularly when there is a crying need to promote interactionbetween the local bar and the law school, forpurposes of employment if no other, in a situation where Eagle Street is already looked upon askance by its alumni, and vice-versa. Jerry Levy's rather feeble interruption carrying Department a placard decrying bugging and Justice seemed both immature and surveillance inappropriate for the free propogation of all positions which the speaker's program is attempting to foster. wr - In tiiviltli and u/elfare - EXAMINATIONS (continued from page 3) actually make the job of grading the papers easier, since part of his class will have written clearer, better organized, and regular more legible papers. "To the objection that cheating will occur, I have several First, even the traditional conditions as ad ministered, do not prevent those who are so inclined from cheating. Secondly, under the present proposal, each individual will be better able to display his responses. November of 1970, the John W. Cowper Co., Inc. is moving along rapidly with the onslaught of warmer weather. Informed sources with the firm feel that the building will be completed on the expected date pending no further construction problems. Bids for construction of the building were opened in November in the offices of the State University Construction Fund in Albany. The Cowper Company of Tonawanda, N.Y. was awarded the contract with a bid of $7,313,000. The total cost of the building is expected to be about $8.5 million. Lakefront Location The new law building will be situated in approximately the center of the Amherst Campus. As part of a group of academic buildings connected by bridged passageways, it will overlook the main plaza corridor. One of the most novel features of the Amherst facility, however, will be a 60 acre manmade lake to be constructed in an area south of the law school. The lake area, which will be utilized for recreational purposes including boating, sailing, and picnicing. This endeavor will be accomplished by re-routing Millersport Highway to make way for the lake which will be to a depth of 15 to 25 feet. The land in the immediate vicinity of the lake will be occupied by a cultural center and a plaza to be .built under the direction of the Urban Development Corporation. This facility will include stores and a threatre for use by the general public. The law school will be situated in close proximity to the lake and adjacent cultural center. In the relatively near future the Buffalo Law School will undergo a dramatic change. Not only will the students, faculty, and administration move into a new complex with much needed available space, but the school will become an integral part of the State University Campus. c ompe tence in a subject by outweighs the harm (if any) to choosing the environment under honest students as the result of which he is better able to students. A third point the protection of the public and profession from incompetent lawyers is primarily the job of the bar examiners (not that that exam is any more relevant) which should weed-out those totally incompetent (along dishonest perform. The grade he receives is will more accurately reflect his true understanding of the subject and be less likely to be prejudicied that the adverse conditions in which the exam was taken (at least the conditions will not have been imposed) i.e. it will more with the many competent who closely reflect what he deserves. also fail). I believe that an honor Therefore,it seems to me that this;.t'system a system whichhas been advantage of removing a definitely acceptable to other law schools prejudicial factor for many, thus should be imposed as to the making each (non cheated) grade take-home so that there is no more reflective of the individuals question that only theindividual's level of understanding, greatly workis expected. " by — - — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1971-04-29 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 8 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/29/1971 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/886c3746681abb31ff6cd5a23b6c884e.pdf ce515830c7f646e068fd06211d980a44 PDF Text Text BUFALO LIBRAY SUNY/ BUFALO LAW The Opinion 77 West Eagle St. Buffalo, New York 14202 N Non-Profit Oromization U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 708 V THEOPINION Volume 11, No. 7 Moot Court Wins Again students from the SUNY Buffalo Law School were Two at named the winning team Saturday at an international law Moot Court Competition held in Albany. The students, Peter J. Bush of Elmwood Avenue and Paul F. Stavis of 75 Grant St., received a trophy as the best team in the 828 competition, sponsored by the American Society of International Law School. They competed against teams from Canada and the northeastern United States. As winners of the regional competition, Mr. Bush and Mr. Stavis will participate in the finals of the Jessup Law and the Albany International Law Moot Court to be held in Competition, D.C. on April 30. In the finals, they will compete with seven other teams from Europe, South America, and the United States. In the regional competition last weekend, the Buffalo students defeated law school teams from the University of Pennsylvania, the University of Michigan, Albany Law School, Syracuse University, DePaul Univeristy, the University of Pittsburgh, and the University of Toronto. The hypothetical case argued by the teams involved a hijacking incident, in which a passenger aircraft on an international flight was diverted from its course by two members of a militant Washington Rowan Speaks At Law School The Distinguished former CBS correspondent in Viet Nam and at the Pentagon. Mr. Rowan, speaking before a capacity crowd in 110 (stifling as usual) sighted in on the American experience in Southeast Asia for the bulk of his presentation. He concerned himself primarily with the history of our withdrawal from the mess we got ourselves into there. Nixon's original withdrawal plan to remove 20,000 men a month, which would have left 140,000 Gl's there today. According to Mr. Rowan, Saigon commander Creighton Abrams has been constantly pointing out reasons for procrastination to was President Nixon, which has in the removal of only 12,000 troops a month with the low point of 140,000 to be resulted surpize choice, successor had the flexibility of mind to follow LBJ's directives to cut casualties during the latter part ofhis term in order to give an impression fo de-escalation (which might have been helpful to HHH's campaign, if beleived?). In discussing the influence of the military on the President, the former CBS Pentagon correspondent observed that no military man is really close to Mr. Nixon. The Joint Chiefs of Staff usually work within the system, thru the Secretary of Defense to the President and his staff. While there is little direct contact, Mr. Rowan pointed out a powerful source of indirect influence stemming from a rather close reached sometime next summer. relationship between theJCs and In regard to Abrams' replacement Henry Kissinger, one of the of Westmoreland as the head of closest advisors to President American forces in Southeast Nixon. One important factor in Asia, Mr. Rowan pointed out that considering the impact of the Westy basically wanted to get out military on decision-making was after four years of committment (continued on pg. 8) to a search and destroy IN THIS ISSUE Election 1971, The candidates and theissues Legal Education of Minorities Part Two: Implementationand Conclusion The Advocates New Program forstudent's rights in high schools Fall Grading Survey Marks andremarks Once More with Feeling The agony of (?) defeat hijackers murdered two The security guards aboard the plane, and they the aircraft after The hijackers were granted political asylum by the government of the state in which destroyed landing. the plane landed. The hypothetical case was brought by the government of the country in which the airplane was registered against the country which granted political asylum to the hijackers. The case was argued by the teams as if it were being decided by the International Court of Justice in The Hague, The Netherlands. Mr. Bush, a senior at the law school, is chairman of the Moot Court Board. Mr. Stavis, a junior, is a member of the Moot Court Board. The team was advised by 1971 Graduation Plans Still Uncertain The student Graduation Committee met with Dean Angus and Professor Greiner Monday to try to iron out the difficulties that have arisen over the conflict as to whether William Kuntsler should be allowed to speak at the Graduation ceremony this year. The students, Jeff Frank, James Rogers, Roy Wixson, Steven Singer, Jojo Seggio, Murray Grashow, Richard Rosche and Sandra Kay, reported that although nothing was resolved, a greater understanding of the problem was achieved through the discussion. The problem arose when the Graduation Committee, pressed by a lack of funds, asked Richard Rosche to secure a speaker for the ceremony. Through friends, Mr. William Kuntsler was contacted and conditionally accepted. News of this prompted a strong reaction from many quarters, especially from certain members of the Erie County Bar. A meeting was held with Dean Schwartz on Thursday at which time he stated that he felt it was not in the best interest of the Law School to have Mr. Kuntsler speak at graduation because this would greatly impair relations between the school and the legal community. A number of students disagreed with this position. The Senior class feels that because the funds come from the SBA the speaker should be chosen by them. The faculty position is that graduation is a joint student-faculty affair and therefore the speaker should be decided jointly. At the present time the solution to the problem is still uncertain. Symposium ineffective combat -arm in Viet Nam - be a but noted that Westmorland's to political organization. Professor Thomas Buergenthal of thelaw school faculty. methodology which was not panning out. He considered Abrams, whose major experience a relatively has been in armor Visitors Program for this semester was ushered in with a presentation by Steve Rowan, News Director of Channel 4 and April 1, State University of New York at Buffalo School of Law page three page four page six page six page eight Towards New Understanding On March 23 Phi Alpha Delta Law Fraternity International sponsored a legal symposium entitled "Law Enforcement and Civil Rights" in Norton Union on the Main Campus. Just one short year ago, to have mixed police, district attorneys, with controversial defense attorneys and students would have been a politically dangerous and extremely tense situation. That was not the case in the filled auditorium of Norton this year when Willard Meyers 111, Defense Attorney of the "Buffalo 9." and John H. Whalen, Former Under Sheriff of Erie Cojnty and Former Chief of DetectivesBuffalo Police Department, met along with Thomas G. Kobus, Assistant District Attorney (last minute replacement for Michael F. Dillon, District Attorney ofErie County), Paul I, Birzon, Defense Attorney and Lecturer at UB Law School, and Miles Kavaller, Justice of PAD Alden Chapter. Due to sudden illness Hon. Joseph S. Mattina, Judge of County Court was unable to attend. It was interesting to note the consensus of the panelists as they addressed themselves to the topic of "Law Enforcement and Civil Rights." They agreed that in times of crisis and highly emotional situations it was imperative to retain civil liberties which have been held for centruies as basic to a citizen's rights. Addressing Panel responds to questions at recent Norton Union 's Conference Theater. symposium at which he may be acquitted, yet all of police for the tremendous of this time he is denied his sophistication needed in freedom and incarcerated in over interpreting and implementing the crowded jails and prisons which laws today. There was disagreement only breed crime. Commissioner Whalen brought to light the great onus that is given to the policeman today. Faced with the knowledge of why people need him and yet reject him, Mr. Whalen presented the difficulties facing the police and their duties in American Society. He placed the policeman as a man in the middle enforcing what society wants him to enforce, demanding that he be sensitive, yet at the same time capable of however among the members as to where change was to take place. The lines were drawn between Mr. Meyers and Mr. Whalen most clearly in this instance. Mr. Meyers viewed certain actions of the police as being controled by certain vested interested groups, and contended that the people should control the police and what they do as far as policy themselves to First Amendment questions are concerned. He Rights, i.e. free speech and advocated a Police Review Board, assembly and bail and its application, several of the robot superhuman skills, all for greater pay, and greater care in the selection of police, indicating members showed concern over the $7,000 a year. The panelists agreed with Mr. that the days of the physical titan possible erosion of these Rights concerning the were gone. by the concept of "preventive Whalen's remarks Mr. Whalen contended that the detention." Mr. Meyers pointed need for a more intellectualized to society out that today a prisoner may police force and Professor Birzan police are a reaction not a product. He suggested could and year year hoped greater money be spend between a to a (continued on pg. 8) and a half waiting for a trial in spent for academies and training y ' �April THE OPINION 2 Editorial President's Reading Week Corner This year, once again, a reading week has been proposed to alleviate the work load of students during the period By Bob Penny proceeding examinations. This year, also once again, the Last Apt il same objections to the idea have arisen. The opponents of the reading week contend that The tenor of the student body has changed over although it has some merit it is impractical, unrealistic, and the past two years to such an extent that a reaction unachievable. The> point out that there is no place to to Cambodia could have been expected. However, of the reaction was not fully schedule such a week without either dropping below the the extent Itand sincerity expected. can only be hoped that those involved mandator, number of weeks of study set by the Court of learned from the experience the need for directed dissent. In any event the SBA has learned that it Appeals or, on the other hand, delaying finals to the extent a more flexible organization in order to that Senior grades will not be available by graduation. They must be the provide type of leadership expected of such a further point out that compressing the examination schedule body. will cause more harm than any benefit achieved from a Two immediate effects of the Cambodia operation with regard to the SBA was the reading week. of committee appointments and late postponement While we realise the difficulty in scheduling such a week, filling of student organization budgets. Naturally, as evidenced b\ the failures ot~ previous years, we believe these important items were forced to take a back that the benefit from such a break could significantly seat and real consideration of them did not begin until fall semester. Unfortunately, 1 was not increase the value of this semester's courses. Under the informed of the inordiante amount of time spent on present schedule, some students will face their first exam a budgets, as was the want of prior SBA's therefore, mere two days after their last class. This is clearly an lime was unnecessarily wasted. insufficient period in which to pull together an entire semester's work. The stories ol" Professors using the last week of classes to "catch up" by covering two or three weeks worth of material are numerous after each exam period. To have to face a final exam within a few days of the last class of such a course is a shattering experience from which no one benefits. We therefore urge the Administration not to consider, but to implement, a reading week this year. THE Volume 11. Number 7 OPINION April 1.1971 JohnR. Samuelson Editor-in-Chief AssistantEditors George Riedel Michael Montgomery Malcolm L. Morris Business Manager Staff: Jeff Spencer, Alan Snyder, Kathleen Spann Photography: Samuel Fried, Samuel Newman Rosalie Stoll Contributors: Robert Penny, Richard Rosche, Richard Weinberg, Stavis, Don Zolin. i7ie Opinion is published every other week except for vacations during ihe academic year. It is the student newspaper of the State Univeristy of New York at Buffalo School of Law, 77 West Eagle Street, Buffalo. New York, 14202. The Opinion is a non-profit organization. Third _i -«s entered a' Buffalo Npw York Letters To The Editor To the Editor Law wives tned unsuccessfully this past year to get funds from the Law School to help our organization" function more efficiently Unfortunately, funds were denied and we have just managed to operate on our dues. Dues have gone towards our monthly newsletter sent to all dues paying members to inform them of meetings, our fall recruiting tea. our spring farewell banquet, one of our monthly speakers, and other needed supplies. Even these meager expenses surpassed our budget and we found it necessary to have some fund raising affair which we did in the form of two box lunch sales at the iaw school lounge. Our organization has some SO active members. We have two meetings per month one at which a speaker is present. Some of the speakers included Mr. Lee - - - Nisbet's replacement The Pollution of Lake Erie, Prof. Sex and the Law, Mrs. Larson Schwartz Women's Lib, Dr. -- Daphne Hare Contraception, Adoption and Population along with many Pollution others. We have given contributions books, jewelry reformatory magazines, to the girls of and had several 1/1971 affairs with our husbands. Our organization is made up of women who not only have the desire to see their husbands get thru school successfully, but who also wish to help the school and community. Perhaps in the future Fall With much work to be done the SBA met in the fall hoping for an atmosphere of "Business as usual". Such was not to be the case. We were immediately zonfronted with the problems generated by the lack Df adequate funding for our minority students. It is difficult to estimate how much time Paui Cardon mil I spent working with the administration, alumni and the local Bar. However, the result of our efforts, and especially those of Paul, was most gratifying. I must thank the alumni and other members of the Bar for their assistance in this matter. Lessons were learned the hard way, to the detroment of individual students, but I feel those lessons will provide the basis for competant administration of the minority itudent program in the future. Also, it is hoped that the SBA will not wait for an emergency before it :ommunicates with the alumni and the local Baron matters ofconcern to all. before main hand I can officers were campus organizations. On the other only say that certain directors and conspcuous by their absence. Either responsibility for their elective position be accepted, or resignations should be tendered and accepted. It should not be a hassle tryingto get and keep a quorum. For the Future In my last article I recommended the establishment of Budget, Legislative constitution, - Elction, Social, Student-Faculty Relations, and Greivan'ce Committees. To these I would add committees on Rules and Alumni Relations. Matters would go to the Men and women lawyers and law students are urged to come to Washington on April 17/18 to participate in a conference sponsored by the Georgetown University Law requests from the various organizations and clubs by the end of April. Also, the Student-Faculty RElations Committee, on recommendation of the President, should begin considering appointments to the various faculty committees. Any reorganization is incomplete if the organization does not set forth goals and guidelines would suggest that the SBA have as its the improvement of student-faculty relations. To this end the SBA must provide a itself. I first goal for channel of communication whereby interaction becomes directed rather than existing on an ad hoc basis. Further, the SBA must be a source of direction for student involvement in issues confronting the law school. However, if the SBA is to be successful, all members, meaning the entire law student body, will have to do more than stumble in and out of school. Let me remind you, fellow students, that SBA take one hour each week meetings are open express your opinions. Directors, of necessity, express their own opinions or those of the loudest - - <2O2)NA-8-7061 ext. 264 Directors and Officers Results of the Year I wish to thank Paul Cardon for his support hroughout the year, and JoJo Seggio for her intiring efforts on behalf of the law student body The Secretary, Jeff Frank, will be summing up committee progress in future issues of the Opinion. Mr. William Kunstler is the most unnicest kind of attorney is. He possesses a sincere and there well-reasoned belief that there is something fundamentally wrong with the American legal system. He has expressed this belief on numerous occasions, some of which were unsavory. The cumulative effect of all these Graduation And Student Power By Richard J. Rosche from contacting Mr. if he wanted to. In any event, Mr. Kunstler accepted, barring a schedule conflict. The mole hill grew into a mountain, pitting the Senior Class against the faculty and new Dean. One is hard put, at the time of this writing, to determine the outcome. If the Senior Class persists and unless Mr. Kunstler becomes unavailable for this Class Kunstler The proverbial mole hill has occasions, and subsequent been expanded into an insurmountable mountain. Senior interpretations thereof by the mass-media, has been to make Mr. Graduation, once a second thought on the minds of all of us, Kunstler more than Mr. Kunstler. the law school and Law Wives He is, and I shudder to write this, has become the center of the organization can serve successfully a Symbol. And, alas, that Symbol School's latest raging controversy because of an invitation which evokes a harsh and painful image. to benefit one another. Gay Blazak It is the image of a physician was extended to Chicago 8 attorney William Kunstler to President Student Law Wives telling you that you are dying of speak at graduation. cancer. To the Editor: Dean Schwartz voiced one The problem started when this MR.WILLIAM KUNSTLER possible reaction to that image writer was asked to try and secure last Thursday. He interjected an a speaker for graduation by the DOES NOT EXIST Fear was the keynote of the element of Sartrean non-being. chairwoman of the graduation The cancer does not exist because committee. We believed that Dean Schwartz the by to address not exist. Dean because time was short we would student body on Thursday, March the physician does and those among the not be able to present any choice Schwartz, 25,197 1. What will the willed it to the class but would be lucky to community think? What will the faculty who support him, so. The for Mr. justification secure some well known person. BAR do? Will graduates fail to find positions if Kunstler speaks Kunstler's views was not at issue. Mr. Kunstler seemed a good choice since he was a well known possibility of fundamental at graduation? Imaginatively The ominous answers to these reform of the legal system was not activist attorney. Proceding on the belief that profound questions were as issue. The issue was "How can propounded as sufficient reasons we have the nicest possible time was of the essence three for keeping Mr.Kunstler from graduation ceremony for all those individuals, personal friends of Mr. Kunstler, were asked to being{ let alone speaking) at nice kids who attend the University of Buffalo School of contact him about the talk. graduation ceremonies. the first person to Unfortunately, "We have entered a dark night Law?" Unfortunately, while I feel at make contact and thus to receive of repression," remarked Herman more than his share of blame was Schwartz at a symposium ease with unoffensive niceness 1 discussing political trials about a esteem other values more. With Prof. Schwartz. I say unfortunate call could have been year ago. One year ago, this this low-key value judgement I because bythe any of the others remark m ight have been close; for I feel the royal made hyperbole. But in March, 1971, henchman tugging at my pen, and without involving the professor in unjustified much criticism he the same observation in nodding toward the scaffold. could not have stopped the Senior Alan Minsker hypobole.__>/._■ eleison. - speaking engagement it appears that Formal Graduation, with faculty and Dean participating, will not be held. The Senior Class, in such a case, will be forced to hold its own informal Graduation. If reconciliation or circumstances allow, the affair may pass and Formal Graduation may be held. Whatever the result, the future will not dull the impact on the student body of this new faculty adventure. An analysis of this new confrontation reveals the similarities with past faculty student collisions, such as those of l?c t May and in the committee sti'-cture. During the events of last May the faculty, as a body proved itself incapable of acting in the interests of those concerned students who fought against the War. Little support was forthcoming from this body save for Individual lor individual efforts. efforts. (continued on pg. 5) �April I, 1971 THE OPINION SBA For President PAUL M. CARDON MALCOLM MORRIS There is a definite need for a committee to study and correlate policy provisions of the faculty and SBA Constitutions. Hopefully this will effect joint faculty-student decision making and give substance to the efforts of the various faculty-student committees. All faculty-student committees should be composed of an equal number of faculty and student members and seriousconsideration should be given to equal voting rights on those issues before the committee rather than the present consensus method. I support the Freshman class in their effort to have take-home examinations optional, but with Brian York's amendment. I support the establishment of a Faculty-Course Evaluation along the lines of the procedure designed by Professor Homburger and the FSRB committee. However, such a program should be funded by the University Administration. There have been many fiscal policies burdening the Law School due to the failure of 'powers that be* to recognize this school as Graduate level for purposes of fellowships and assistantships. My efforts will be to get the SBA, (which includes the entire student-body), behind our Administration and get more commitments for financial assistance for our students. There are, needless to say, many more important issues and programs which will and should be considered. important thing The this student-body get together in these efforts. One way to show your support to those SBA Officers and Directors who will be elected for next year, will be a good turnout at the election tables. PLEASE VOTE YOUR CHOICE for the 1971-72 SBA. For Ist Vice President MARK FARRELL Position papers usually consist of contrived statements designed to appeal to various student interest groups. The problems facing the SBA association run far deeper than rivarly between certain individuals. Right now in view of the actions taken by the to whether the SBA has a meaningful role in this school. Leadership is essential and therefore instead of a position I put simply and honestly my qualifications for leadership. As a undergraduate I was a Cadet commander of the ROTC at UB and State President of my fraternity. At the law school I am presently social chairman for the SBA and secretary for the local PAD chapter. I would appreciate your vote this Thursday. For Treasurer JOHN ANDERSON 3 808 WALL The Student Bar Association is languishing from lack of direction. Its weekly meetings border on farce, as any representative will woefully admit. There is neither the time nor the space at this point Consider the fact that the first semester was almost to state all the things that I would like to see come about history before the S.B.A. was able to finalize its budget at this school. Nor, is there enough time in the upcoming allocations. year for one person, even as President, to accomplish these Recall the petitions presented and signed by things. But there is a chance now for the student body concerned members of the student body; for freshman with the correct leadership to take theinitial steps. curriculum reform; for extension of Library hours, for a week before final exams; for reconsideration of the My main concerns are to establish a more practical reading Tuition Increases and for optional exam procedures. Then, outlook for the S.B.A. That is, to make the student body look for an indication of the S.B.A. response to these one that serves the students, not one that is merely a petitions. Look at the minutes of past meetings, if you can servant of the faculty and the main campus administration. them find I would like to see a concerted effort made by the S.B.A. to take over full operations of the bookstore. The S.B.A. is the organization empowered to speak Furthermore, students funds should be sent for strict to the faculty and administration on behalf of the student student activities and not spent to augment programs body. Among its objectives is "to promote and protect the whose burdens should be borne by the faculty e.g. rights and interests of the students in matters involving Freshmen orientation. those rights and interests." Our paramount interest as students must be the nature and quality of the education There is a need for this school to assert itself not we obtain in the Law School. Our right is to have a voice merely as the mecca of Western N.Y. but as one of the in the decisionswhich ultimately determine the nature and ranking law schools of the country. There is no reason why quality of our education. We have a right to be heard in this school is unknown in cities such as New York and matters regarding faculty appointment and tenure, Boston. It is time the S.B.A. takes steps to ameliorate this curriculum, examination procedure and scheduling. situation. I feel my experience as Student Representative It is to these and other important interests of the and Treasurer has given me knowledge of the SBA's student body that will direct my strongest efforts should I mechanisms that will enable me to carry through with I be elected. theseand otherneeded programs. JUDITHKAMPF I have served the past year as an SBA director and, as such, have gotten a feeling of how SBA operates and where the major breakdowns occur. First, there is a breakdown of communication with the faculty, and only sporadic input by students in policy decision. To remedy this condition a faculty-student committee was established on my motion to investigate the functioning of faculty-student committees, to see what sort of contribution the students make, how it can be improved, and how the SBA can receive and take positions on important issues before committee decisions are made. This committee has to be pushed to meeting and making a report. The SBA needs to be reorganized. Work needs to be done to increase paying assistantships for law students, for instance in the freshman library research training program and in any legal studies courses taught on campus. I am presently working on this through the ad hoc committee on tuition. For 2nd Vice President MIKE BERGER This is my sixth year as a student at ÜB. In the past six years I have been involved in various functions of the school and have been able to watch its various mechanisms at work. Currently I am still a member of the Graduate school and serve on various committees in that school. As such I feel that I have a good idea of the present relation of the Law School to the Main campus and how this relationship could be built upon. For too long a period the Law School has been too far from the other schools on the main campus. If elected, I would work toward building stronger ties and involvement between our school and the many other schools that make up ÜB. We have a lot of resources to give to the main campus and the main campus has much that we can share. My goal will be to attempt to bring the two campuses closer together. LEE GINSBERG DICK WEINBERG There are many reasons why I should be elected treasurer of the Student government. But perhaps the most important one is that I can do the job. I know what the job entails and I 'am confident that I can do a more than adequate job. I have been a director of the SBA a student interested in participating the Junior class for a good the SBA, I feel that my experience and representing part of the year. I have not missed an SBA educational background qualify me as a meeting since being elected, and attended candidate for the position of treasurer. many meetings prior to my election. As a director I am a member of the election My qualification and experience committee, and substitute SBA include: graduate of SUNYAB Graduate representative to the Faculty-Student School of Buffalo with a MBA degree, meetings. a representative I have taken a student employee of Office of Student stand on As every major issue before the Accounts for the past three years; treasurer body, no matter its popularity or lack an of I.F.C. for three years as thereof. undergraduate and treasurer for the parish M y undergraduate major was C.Y.O. Accountancy at Pace College in New York. likewise have taken a considerable I This background has trained me to number of hours in internal auditing. After maintain a clear and concise record of all a tour of duty in the Army I became a expenditure and receipts which will be bank auditor for Chase Manhattan Bank. I available to all students on request. Also, cut short my stay at the bank to attend my employment in the Office of Student Law School. This school meansmore to me Accounts places me in a unique position to than a place to go between 9-5 weekdays. answer any question of Main Campus This school is made up of people which I funding which concerns the Law School. have a kind of liking towards. And really Generally, I believe that student funds what is a school a gathering together of I should be allocated for student purposes people with common interests. If elected and by students not subject to Administrative will perform the job with dedication fondnessfor our school. review. As in - school. If the SBA has been a quasi-joke to many students, and others, it is our own fault. If we don't organize a strong base for our needs, in this school, then we will continue to fall short with our demands for change. Although somewhat skeptical, I still feel that by re-organizing the SBA we can begin to work on the crucial problems of the law school. Further, I believe that I am qualified to serve as treasurer of the SBA. As an SBA representative I have been able to view the workings of the office and now feel that I fully understand the functions and responsibilities of the job. I seek you and you, the much more responsive and useful to the student body. At present there are a great number of issues which concern many different groups of students. Unfortunately, because of the cumbersome and unresponsive state of the Board of Directors, none of these are being solved. I would like to work toward making the Board face its responsibilities to the student body by streamlining its procedures and helping to coordinate its reorganization whichhas already begun. The office of 2nd Vice-President also has a responsibility to represent the Law School on all University wide committies. In this area we have been lax in the past. It is necessary not only that we assert ourselves on these committees (particularly Sub Board I) but that more students are able to participate in making the decisions which are shaping the future of the Law School and the University. I will work toward these ends. ALAN F. LIEBOWITZ The pressures of administration, faculty and "outside forces" are continually being felt by the student body at this law school. And, to date, the SBA has not responded in a manner that allows the students to exert the rightful power that they possess. Ideally, the SBA working with the faculty and administration could solve some of the critical situations that are present in this school. The problems concerning the minority student program, financial aid, curriculum and teaching methods can be dealt with by all the factions of the school. However, in dealing with all these situations the students must act independently from their own strength. After all, we are the ones' most critically effected by the decisions made about this in turn I will support an elected officer. JOHNSAMUELSON I am running for 2nd Vice-President of the S.B.A. because I believe that our student government can be made to be students, as (no paper submitted) �April 1, THE OPINION 4 1971 LEGAL EDUCATION OF PARTT MINORITIES WO By William C. Lobbins strongly motivated to study law. Tutorial assistance must be for many of these provided MECHANICS 11. students. Professor Let's admit at Quick: Admissions A. the beginning that all white college that wish to graduates Interviewer: In assessing the relatively small Negro enrollment study law do not have the necessary minimum skills, in the nation's law schools, what weight would you give to the aptitude, or, motivation. Blacks factors of insufficient finances, are no different. The mere fact poor previous academic that one has graduated from an preparation, low Law School accredited college and is black is Admission Test (LSAT) scores, no indication he has these poor vocational opportunities in minimum attributes. Proper Black student is the legal profession and evaluation of the difficult, and the LSAT score is insufficient motivation? Professor Donegan: Insufficient helpful but experience has shown of funding is the chief factor. Black personal interviews, records applicants are further discouraged leadership and recommendations provide relied on a be to by poor vocational opportunities must basis for screening out those for in the legal profession. Low Law rigors legal of the School Admissions Test scores whom education may provide a (LSAT) also tend to limit black enrollment. I feel that LSAT traumatic experience of bitterness. scores validly determine the frustrationand The law schools have a duty to potential of white applicants but to assure the Black student they are invalid for most black applicants because the test is themselves that he has a of success. possibility geared for middle class people. reasonable Since blacks have not participated To be sure, the school may in the social and economic sometimes err but it must at least mainstream of American life, the try to make the determination, in LSAT does not fairly test their the interest of both the individual, other law abilities. I know many fine black the profession and the lawyers who have gotten low students. all tutorial course, possible Of scores but have done well in law available school and subsequent legal and other aids should bemay have to all students who practice. Professor Quick: In large part it is difficulties. history, a history of lack of opportunity in the legal Attracting Blacks to the Study of profession. It is due also to lack of Law knowledge about new opportunities, financial and Interviewer: What do you think should be done to attract more otherwise. Blacks to the study of law? discussing When and condemning the use of low LSAT Professor Donegan: The first thing that should be done is to offer scores as an admission criterion, m ore f ina ncial assistance to we are beating a dead horse. When minority There should students. admission standards at law schools were investigated five years ago it also be a significant recruitment law schools by drive the became abundantly clear that few law schools applied the same throughout the country. From my experience, high school LSAT standards to Black students own guidance in the field of legal that they applied to others. LSAT was never meant to be educational opportunities was an absolute standard and it has very poor. I would expect, even not been. Other predictive factors today, that high school guidance have been used. Of course, if an in this area leaves a lot to be applicant scores much "too low" desired. This might be attributed on the test, it seems to indicate to latent prejudices of guidance that he is just not prepared to counsellors or lack of benefit from a law school information. I think that increased job opportunities would education. Certainly we can't expect the law school to provide do much to increase the number both a major undergraduate of Blacks who attend law school. education as well as an effective As job opportunities for Negro law school education. law graduates improve, I think the Mrs. Washington: If young Negro black lawyers' image will also students believed that law offered improve. a challenging, profitable and Professor Quick: 1 fully agree with respectable career, they would Professor Donegan. gravitate to the field of law. But if the black students believe that Reverse Discrimination they will be restricted to ghetto practice or, even if they were Interviewer: Is there reverse hired by big business, be relegated discrimination when a white to the performance of menial youth applies for and is tasks, then I am sure they subsequently denied admission to wouldn't choose law as their law school because a minority career. I do feel lawlike any other student with the same or career must offer the individual a "inferior" credentials based on chance not only to use all of his the school's acceptance criteria is talents but to develop them admitted? Is the issue of reverse discrimination at the thereby. ' Admissions Standards Interviewer: What admission standards would you apply to black applicants? Professor Donegan: I do not feel that traditional admission standards are adequate to determine the potential of black students. Admission standards as applied to minority law school applicants should be de-emphasized to the barest feasible minimum. I would take black college graduates who are matriculating, passing or graduating level a question of constitutionality? Professor Donegan: The charge of reverse discrimination is a common one. And, I am sure that charge will not be laid to rest this for a long time to come. Accepting minority students with the same or inferior traditional credentials and denying admissions of equal or superior "credentials" of white students is not necessarily reverse discrimination. It depends on how we judge qualifications and credentials. If we address ourselves solely to performance on a culturally biased test or college grades, then different standards for black admission would constitute reverse discrimination. But, if we question the basic assumption upon which such standardized evaluation is made and believe that any admissions criteria must take into account past discrimination against black students, there is no question of reverse discrimination. In view of the great need for black lawyers in this society and the small number now available, I maintain that blacks should be accepted to a much greater degree in law school. This does not mean discrimination against whites. Any white student who wants a legal education can find some law school which will admit him. Generally, whites, because of their socio-economic background, have greater knowledge of where the law schools are, how to get into them, and have access to greater economic resources. Professor Quick: At the University of Illinois, College of Law, as at many universities, we have many special programs. One of these is for the physically handicapped; we provide ramps and special aids for these and have - , established differing matriculation standards. We reserve a certain number of admission places for veterans. These are distributed outside the normal channels and on a differing basis. I have yet to hear any major complaints about this "favoritism." If this "discrimination"is appropriate, it would seem obvious that we can give some priority to the culturally and economically disadvantaged without incurring the enmity of their detractors and exploiters. Mrs. Washington: If I were to answer this question subjectively, as a person graduating in a generation where a black lawyer went begging and where a black woman lawyer was considered a complete freak, I would maintain that this isn't reverse discrimination. Objectively, however, if a white student with the same or better academic standing than a black student were refused admission, this would be reverse discrimination. And, as such, this might be challenged as a denialof the white student's constitutional rights. Judge Trammell: 1 don't thinkit is a question of constitutionality but it does depend upon a person's point of view. If you believe that this country offers the black student the same opportunity as his white counterpart in preparing himself for law school, in obtaining needed financial assistance and in securing top career positions after graduation this then would be reverse discrimination. On the other hand, if you believe that black people as a whole have been injured and psychologically scarred through no fault of their own, then it is not reverse discrimination. B. Double Standards Interviewer: Some law schools allow minority students to remain in schools regardless of the grades they achieve. Do you agree with this practice? Would you utilize, alter or abolishit? Professor Donegan: I believe in high standards of excellence for students and lawyers. I do not or programs favor any procedures incompetent all which will turn out lawyers. As far as the practice of allowing iome law schools in minority students to remain in school regardless of the grades they achieve, I contend law s c h ools should give minority students a longer time to meet the requirements of graduation (If this is necessary). 1 do not believe that there is anything unfair ot unjust in such a practice. This is because there are educational inequities for blacks in the school system. But by law school graduation, both white and black students should meet the same standards regardless of the time William C. Lobbins is a period. Professor Quick: I do not believe second-year student at the State University New York at of the profession can afford a double standard of competence or Buffalo School of Law. He is a performance. No self respecting member of the Buffalo Chapter of Black American Law Student Black would want a "Black" the Association (BALSA) and served LL.B. or J.D. To graduate a less organization's President the as lawyer would be competent Black during the 1969-70 school year. to perpetrate a fraud on the profession an, his clients. Black including Blacks, having learning people don't need or desire less difficulties. Intellectual disadvantage has able lawyers to lead them in the never been apparent to me. I have fight for social justice. Black law students want an taught both White and Black opportunity. I do not believe they students who were inferior in desire a special program designed capacity. I have taught students of on the insulting assumption that both races who were "superior". Psychological problems do they are unable to perform in accordance with reasonably affect behavior and achievement. I can't help feeling, however, that objective standards. It goes without saying that I do in the context of this discussion not agree withProfessor Donegan they are over-rated. Let us not that Blacks should be treated as forget that we are not talking emotional or mental cripples about the ghetto child that has requiring a longer period of time dropped out of grammar or high to acquire the minimum basic school. We are talking about one legal concepts. No courts are who has overcome! We are going to set up special time discussing a student who has schedules for Black attorneys so graduated from high school; as to allow them extra time to succeeded against great odds in adequately handle a case. One of obtaining a college education and the necessary basic skills of a is among the elite of his social and lawyer is to be able to handle cultural group. He has already affairs in a reasonable period of demonstrated a toughness of mind time. The slow thinker has little and purpose that should stand business in the profession. him in good stead in law school. Most of the weaklings have already been weeded out. That C. RemedialAssistance does not mean that law school Interviewer: Do you think that should be made an unnecessarily remedial materials designed to disturbing emotional experience. eliminate skill deficiencies will It does mean that the Black law insure success for disadvantaged student is more likely to be able minority students? Do you feel to handle otherwise debilitating that intellectual disadvantage the pivotal problem? is emotional experiences than others who have not had his difficulties and overcome them. Interviewer: Would you anticipate a reluctance on the part of some minority students to participate in such programs because such Professor Donegan: The use of remedial materials and tutorial programs will help eliminate skill deficiencies for many minority students. These programs, of course, will not insure success for all minority students. But, they will be helpful in making it possible for many to succeed. I feel that the pivotal problem is educational deprivation; this has nothing to do with any innate or intellectual inadequacies on the part of minority students. Psychological factors are also very important. They assistance might be considered degrading or a sign of intellectual inferiority? Professor Quick: Yes. Professor Donegan: A number of minority students would believe that participation in such a program to be a degrading sign of intellectual inferiority. However, I believe a majority of black law hamper students would be quite happy to successful performances of participate in any program which minority law students in the might give them a greater chance educational system. The minority to succeed in law school and carry in the has provided country status them closer to their goal of many opportunities for failure becoming a lawyer. and little opportunity to succeed. This expectation of failure is 111. IMPLEMENTATION present with many, if not a majority of, students. This does Interviewer: It has been suggested have an adverse effect upon their that more predominantly black performance. An additional law schools be created at already psychological problem that existing black colleges and minority students face especially universities to satisfy theneed for when they are attending more black attorneys. Another predominantly white schools is an view is that existing Negro law absence of the comradeship they schools should be assisted to do enjoy at home. the best teaching job possible for Professor Quick: Remedial their existing lives and should be programs may help all students. further assisted either to phase �April I, 1971 themselves out or to be genuinely incorporated into an unsegregated educational program in their states. What is your view? Professor Donegan I main tain that existing Negro law schools should be assisted to do a good teaching job. More money should be provided for those schools which are already in existence so that they can have more faculty, : Black law student if they are to cooperate after graduation as social engineers in building a just society. We should not do anything to hinder or impede such cooperation. Mrs. Washington: Why create new black law schools to educate black attorneys to practice law in a white world? I would agree that THE OPINION better. Professor Quick: The 5 Black law graduate at the present time has a wealth of new opportunities. With the present rush to have at leasta "token" office, Black lawyer in the the Illinois Black law graduate has in some respects a better opportunity than his white counterpart. the existing black schools should Mrs. Washington: He will not have be updated and upgraded. an equal opportunity as his white obtain more books and admit more students. I do not favor counterpart unless big business, creating additional new black law IV. CONCLUSION government and private enterprise schools. There will be a need, open their doors and employ him. however, for the already existing Interviewer: "A Negro freshman I feel that the black lawyer in black law schools for a long time law student was admonished by a many instances should be to come; existing predominantly white law schools will not be able to meet the great need for black attorneys. Society, consequently, should do whatever is possible to enable these black schools to turn out more black attorneys. Professor Quick: I do not believe in segregated education. While Black segregated colleges have performed a great service, I agree with the NAACP that all Black or White colleges should be The Black law student is not going to practice "Black law." He is going to practice "law." He needs the contact, the experience of working in a world of black and white, the real world. The language of the Supreme Court in Sweat v. Painter detailing the value of an integrated legal education is an appropriate answer to their question. It goes without saying that the white law student also needs the all abolished. Negro upperclassman not to interested in those things which concern his people. However, a black lawyer should also be equipped to enter a law firm which handles corporate matters, banking, business reorganization and domestic relations. In other words, he must have a broad vista from which to choose. And, unless local, state and federal government and private enterprise black students as well as white offer more opportunities to the students should extend themselves black lawyer, he will not have an as much as they can and get as equal opportunity to expand his mucl* as possible out of the legal professional horizons as his white educational process. The objective counterpart. of law studies should not be to get a C or A grade. The student DISCRIMINATION IN STATE should try to understand the BAR EXAMINATION subject ma terial as well as possible. However, I feel that by Interviewer: Do you feel that the no stretch of the imagination does various state bar examinations are the minority student have an in any way discriminatory? What equal opportunity with his white can be done to insure that counterpart upon graduating from minority graduates will have an law school. But, things are getting equal opportunity to perform well extend himself studying because he could do nothing except hang out a shingle, and for this purpose a 'C was as good as an 'A. " Will the minority student graduating from law school have an equal opportunity to expand his professional horizons? Professor Donegan: With respect to the admonition, I maintain that on the bar examinations? Professor Donegan: Bar examinations like law school examinations are best geared for those who write well, handle themselves well grammatically and have a good writing style. I do maintain that many black students do not have as great a reform Illinois, Pennsylvania or New York University. Mrs. Washington: I don't feel that the bar examinations are discriminatory but I do feel that they are inadequate. Bar examinations are in need of high percentage of blacks, who have graduated from accredited law schools have failed the bar examination to a greater degree than any other group. much as our court systems, judicial systems and laws. With reform of the bar examinations, there must be reform of law school curricula because the law schools are supposed to prepare students to pass the bar examination. As everyone knows, most law facility of writing style as their students take cram courses to pass white counterpart. This would the bar examination. The bar constitute a disadvantage. examinations that we have today Outright discrimination does exist test for a person who can take an as some contend in the southern exam. They do not test to reveal states, but I question whether what persons will be good there is very much outright lawyers. 1 don't however, feel that discrimination on the bar exams the bar examinations specifically in the North. discriminate against the minority Professor Quick: I have no student. The minority student evidence that there is, at present, must take the same cram courses any discrimination in the as the white student if he wishes to pass the bar examination. administering ofbar exams. As far as writing style goes, I Judge Trammell: Well, as far as like to remind my students that I discrimination on the bar taught for a couple of years in examinations, 1 think the very Africa and the literary quality of nature of examinations are to the papers of my "native" law discriminate. Whether or not they students, none of whom had discriminate against the black studied English prior to the sixth student I cannot honestly say. 1 grade, was exceedingly high. Their think this (i.e., that the bar examination papers although at examinations are discriminatory times betraying some lack of against Blacks) is one thing we analytical ability were, in the should take on faith until we find main, much better literary evidence to the contrary. And, I products that the products of don't know if anyone has many of my students at Wayne, presented statistics to show that a STUDENT POWER problems. willing represent voting pick faculty action, right proper governance faculty activity. body creating developing power provisions position negotiate example year when, (cont'd part gained power. important By-Laws being analysis perspective. body power by faculty, faculty impasse body Although by refusing faculty-student faculty judgment give. gains. so, faculty guaranteed graduation challenged realizing legitimately any places sand peaker, negotiate faculty rumored, power represents impasse specific probl Only political Pg. emthe 2) blmost facul speaker right by give iprbuni power efits gai provi ostviuniNext cdsreody erel these what reached Committees have committees committees has students reached in the limited The without do assert Senior resistance assert with set for and The effort seemed confidence substantial student combined behind most The The This If veto of Senior committees its the weaknesses than this students to in senior base the and in Graduation nature to to its class assert the choose be is for could for for should of Dean. Class to and limited of interests. it future. student confidencefrom the from these all student the wouldn't self Thusthe of is haveis the student itself revealsi seats the resistancewhi actual offer after will must than but with decisions. confi movement student could dence The to not still desi united roladvinotal) like not and thei is tIt The let what tSeni to aiThi wiat in be for inmfhe voiup school self ooput,etposedctedumiehmcestneddentitmiiedentvsorohfwssy.dncs.elittrod.leyeganeds.r, more sense so a more one are own new a cause a aover a as can onnew even oone a ver (cont'd from Pg. 2) The fac v 11y-s t udent Committees reveal similar problems. Although the students have gained seats on most committees the actual power these students have is limited to what the faculty on the committees and as a body is willing to give. The decisions reached by the faculty still represent faculty and not student voting power. Thus the faculty Placement Program Boosted A program to enlarge and improve student opportunity for summer employment is being set up and will be in operation for the benefit of both law students and lawyers this summer. Prime mover in this program is Prof. Thomas G. Rickert of the Faculty of Law and Jurisprudence, State University of Buffalo. Associated with him is a committee consisting of Bar Association President Irving Fudeman, Thomas Hurley of the University Placement Office, Law School student representatives and members of the Bar. "It is our aim and hope to give a boost to law students both by giving them a chance to earn some money and also to give them the practical experience that will be so valuable to them in becoming has veto power over all decisions reached by these committees, students are guaranteed nothing more than a limited advisory role lawyers," said Mr. Fudeman. in most important decisions. The Graduation problem like Aid to Students, Lawyers the committees represents the limited nature of student power. "We want to help the young lawyers of tomorrow to get The Senior Class could not even experience that will be so necessary and valuable to their careers. In pick its own graduation speaker this cause the Bar Association has gone on record as giving this without its judgmentand right to program its full support. "It is our hope and desire that our members will use the services do so being challenged by the faculty and Dean. of available students, both to assist in doing the chores of a law office, This analysis places the Senior but also to assist in the education of these young men. "It also offers opportunity to assess the talents of the young men action, in refusing to give up their right to choose a speaker, in and women who might be needed to fill staff positions in the future." proper perspective. It is in one Enrollment of law students seeking employment this summer, as sense part of the movement to well as listings of openings or opportunities for these young people, assert more student voice in the will be handled through the University Placement Office. governance of the school. The Applicants should contact Thomas Hurley in the Office of Senior class wouldn't let the Campus Placement, Hayes Annex C, Room 6, phone 831-4414. faculty assert itself over what Additionally, Mr. Hurley will be available every Wednesday afternoon seemed to be a legitimately Senior in the Law School, Room 216-B at 77 West Eagle St. The phone there is 852-4372, Ext. 33. activity. The problem of student employment has been under If this is so, than the Senior student consideration of the Law Faculty for some time, according to Mr. resistance could offer the body a new self confidence to Rickert, mainly with the view of improving the quality of assistance assert its interests. This self offered students. In a letter to committee members, Mr. Rickert confidence should not be aimed at explained: creating impasse after impasse "In the past, local law offices which were interested in obtaining a with the faculty, but merely with student help during the summer time would call the Law School and if developing confidence from a notice would be posted on the bulletin board and students, directly employer. the unity. contact Next interested, would power base of student There has been some feeling on the part of the students, acting year when, it is rumored, a new Association, that a more formalized set of By-Laws will be proposed through their Student Bar for the faculty with specific program would be of assistance to the students in obtaining summer provisions for student input, the positions. which have been student body must be in a "As evidenced by the recent clinical programs during students, the school position to negotiate for developed at the Law School (in which agencies) there has various governmental with year, part work time substantial gains. Only a unified that student body realizing its powers been a recognition on the part of the faculty and administration significant be of on-the-job experience can and weaknesses can effectively direct and meaningful to negotiate for any desired gains. educational value to a student and can, in many instances, serve conceptual and The senior resistance which make more vivid and comprehensible much ofthethe classroom. students work in material with which combined all political views theoretical "Beginning last semester the Law School has had the services, one behind one cause can provide the Hurley, who is from the on-campus example for a united student day a week, of Mr. Thomas Office of the University Placement effort in the future. Bar Supports Program "The Law School Liaison Committee of the Erie County Bar Association has indicated its willingness to co-operate fully in connection with the development and expansion of this Summer Clerkship Program, and it has indicated that jt offers a good opportunity for students and practicing attorneys to become acquainted and to exchange information which will be of value to all concerned. "The procedures to be followed are these: "I. Interested students will register with Mr. Hurley. Mr. Hurley will recommend that the student prepare a resume so that a placement file for the student can be opened by Mr. Hurley who suggests that letters of recommendation and any other supporting materials also be placed in the individual placement file so that they will be available in connection with permanent placement efforts. However, there is no absolute requirement for the filing of a resume and there is no prescribed application form as such. Interviews ToBe Arranged "2. Interested employers will be requested to contact Mr. Hurley who will attempt to find out from the employer what type of law practice the employer conducts and what salary range the employer is considering offering. "3. Mr. Hurley will then match the employer requests and the student requests and schedule interviews at the employer's office. Mr. Hurley will also periodically follow up and review employment openings to determine which have been filled and are no longer available and which are still open. "It will be made clear to both students and employers that the compensation will be at a modest although hopefully adequate rate. "Students will expect to do general clerking work which may include some mundane and petty responsibilities such as delivering packages, filing papers, and generally doing any particular item of work which will be of assistance toa practicing attorney. "Employers will be encouraged, however, within the possible limits of the situation to assign tasks to clerks which willbe helpful in their education and which will give them additional practical experience. "Employers who participate in the program should be aware of the fact that they are making a contribution to local legal education by affording students an opportunity to observe the law as it is in action and by giving students a base of actual experience upon which they can do better work during their formal training. "Employers should also realize, however, that they will be benefitting by obtaining the services (at modest rates) of intelligent and able law students." Mr. Hurley indicated that he has contacted over 2,469 alumni about the placement service at the Law School along with several law firms in Buffalo and elsewhere in the state. Government agencies contacted have included the District Attorney's Office, Corporation Council of the City of Buffalo, the County Attorney's Office, New York State Attorney General's Office, Legal Aid, and certain other agencies who employ lawyers. The placement service is also available foranyone looking for permanent employment after graduation. �April THE OPINION 6 I, 1971 Advocates Working For A Funny Thing Happened... Student's Rights A high school student in Buffalo was recently thrown out of school He was "dropped from the rolls." according to school authorities, even though State law requires a hearing before a student is suspended for more than five days. This is not unusual. Report Grading with the principal, at which time the parent can ask questions of complaining witnesses. The accompanying chart of the range of grades considerabledifference. The problem of the HD also can be seen by for the fall semester should be helpful to students in understanding and interpeting their own grades. It is observing that while most professors gave out none Long term suspensions- more complete save for the incompletes which have not at all, a fewgave out up to seven. than five days-can take place only been recorded. Two professors also seem to have misused the H after the student has had a A number of interesting things shouldbe noted. grade(Corporations and Labor Law) by awarding it hearing, at which an attorney can The first is that, overall, the Freshmen received to 41% and 51% of their classes respectively. represent the pupil and his parents lower marks than upperclassmen. This is shown by School boards and school As an overall total, however, the objectives of officials frequently violate and ask questions of complaining the 1.03 rating for all Freshmen coursesas compared the grading system seem to have been met as the vast sections of the State Education witnesses. The hearing is supposed to the 1.15 rating of the upperclassmen courses. majority (71%) of the grades were Qs, only 21% of Law dealing with suspensions, to be carried out by the (The rating system is explained at the bottom of the the grades were H's, and less than 1% of the grades superintendent of schools, the law chart.) says Norman S. Rosenberg, a were HD's. states. In large cities like Buffalo, senior at UBLaw School. Also to be noted is the disparity of ratings in The rating system for course grades was In a sympathetic effort to however, the superintendent two groups of the required courses, Property and computed as follows: Each grade was assigned a assure that suspended students are simply does not have time to Constitutional Law. In property, Section A received point value, U's, 0 points, Q's, 1point, H's. 2 points accorded theirrights and placed in conduct such reviews; and a 1.01 rating, slightly below average, while section B and HD's, 3 points. These were then added together the best educational setting, Mr. "hearing officers" are appointed. came out with a 1.22 rating, significantly above the and divided by the total number of persons taking The superintendent's (or average. In Constitutional Law, Section A received a the course, minus the number of persons who Rosenberg has been instrumental hearing officer's) decision may be rating while Section B got only a 1.00rating, a received incompletes. in establishing The Advocates, a appealed to the Board of 1.26 group of professors, students and Education- and to the State community workers. His interest in suspensions grew Commissioner of Education, if the board does not change the out of a course on education law. I visited various Buffalo and decision. Remedy may also be suburban schools," recalls sought in the state or federal LONG TERM SUSPENSIONS Grading Ranges First Semester 1970-1971 '■ Rosenberg, a former teacher in New York City. "Talking with superintendents and their representatives, it became clear that there were some abuses of the law. Practices from district to district varied greatly." Basically, the law says there are two kinds of suspensions- Short term and long term. The school principal may order a short term suspension-not to exceed five days. On request, the pupil and his parent or guardian must be granted an informal conference courts. If a student is suspended for "insubordinate" or "disorderly" (the terms are not defined in the law), school officials must also take immediatesteps to provide for his education at home or elsewhere. LOTS OF COMPLAINTS -Criminal Law - Katz in Wade A - Goldstein and - Laufer TOTAL Once Rosenberg's interest the problem was stirred, Newhouse professor of law (continued next page) Course & Professor contrariety decisions divergence agredd to decide the Supreme circuits, question, [Ehlert v. U.S. argument heard Jan. 13, 1971, see also, 2 SSLR 60 and 3 SSLR 47] thereby ending the war. The Grassia case was litigated by Mr. Stanley Collesano, Esq., assisted by his legal clerk Mr. Paul Stavis, Junior at the U.B. Law School. They argued in their brief that both the failure to reopen and the failur3 to state a clear "basis in fact" for the denial of registrant's conscientious objector claim were violations of due process of law and the regualtions of the selctive service law as promulgated by Congress. The decision in the Grassia case clearly placed the SecondCircuit with the majority of other circuits in requiring the local boards to make a specific finding on the record as to why a post-induction c.o. clam was denied, once the registrant has presented a prima facie case for conscientious objection. With the Grassia decision, local boards in the second circuit will no longer be able to glibly dismiss serious claims for conscientious objection make anytime before actual induction. It now remains with the Supreme Court to decide whether the recognition of due process rights to know why an agency of to government has taken affecting perconal liberties, will continue be law in the second and become law in the remaining circuits. Because among Q (%) U (8) (14) (7) (17) 77 74 (79) (76) (77) 13 15 (16) (0) 8 Contracts B (0) 13 (0) 6 16 11 16 Donegan Rickert A Criminal Law B Angus 2 Property Property B 5 Torts A Torts B Reis Davidson Junior(Required Courses) Const. Law A Mann Const. Law B 7 4 Newhouse by A local law Martoche & Collesano, has a major battle in the war against is (was) one of the most notorious violations of due process by local selective service Grassia v. (Dkt. 2d Cir, Sept. 1970 ) Commanding sufficient the question of "what can constitute a basis in for a local draft board to deny a post-induction clam for conscientious Under Service regulations (1625.2) a objector upon a reopening or reconsideration of a registrant's prima showing grounds for that is required by law in pre-induction order circumstances. there a divergence in the various Circuit Courts Appeal as to whether is a similiar requirement in post-induction cases. Additionally there is do by way of telling the question of what must the the registrant the for refusing to his prima claim (in conscientious objection. Again, the circuits have The dicta only). Second (Grassia), Tenth as of have held that the local must a prima for reopening and after the reopening, the board denies the CO. status they must clearly state the reason the request for denial on The Fourth, Circuits have the contrary position, that any change of resulting from the order and manifest after it is not to require reopening and therefore the board need not articulate a reason for (%) Contracts A -— Taxation A - Del Cotto Electives Paul F. Stavis Adminis. Law - Gifford Procedure Buffalo won firm, Collective what boards. Officer n0.34707, 29, involved fact status." Selective Conflict of - Franklin classification, facie of classification, Law - — is However, of there - Del Cotto collateral board - - Swartz reason con sider facie for divided. First Future Third Seventh,and circuits, Government board consider facie this date, - case if, the for the record. Fifth, Sixth'and Ninth Problems of taken beliefs Metro. induction sufficient for the Current Urban denial. Problems of the marked and of Finance - Greiner/Reis the the Court has CO. Claims Allowed H Homburger Bargaining Hyman in Government Civil Comparative Environmental Planning & Development Mukerjee Laws Contemporary International Buergenthal Corporations 1 7 3 Larson Corporate Tax Evidence Teitelbaum Family Law Mugel Interests 1 (2) (0) (5) (0) 74 68 72 (70) (77) 11 (11) 10 (70) (81) 6 10 (11) (7) (10) 74 (76) (76) 10 85 (10) (11) 12 13 (12) (14) 15 (12) 3 14 93 (12) S85 (4) (0) (0) 25 (26) (14) (8) 56 100 (58) (72) (80) (0) (0) 5 (13) (14) 31 33 (87) (79) 37 (69) (0) (1) 13 11 6 70 1 (0) 16 (29) (25) (9) 1 (25) 2 13 (16) 63 (50) (75) (5) (0) (0) (1) (0) (0) II (21) (15) (41) (15) (9) (22) 39 (70) 2 78 (78) 7 16 4 52 (47) (79) (82) (69) (0) (0) (0) 4 41 9 (40) (51) 6 (60) 40 (24) (0) 5 (0) (0) 7 15 14 21 8 17 Tot. No. I Graded. Rating (13) 10(10) 64 80 (12) (18) (9) (14) 9 (%) 98 0.95 97 95 97 0.91 93 2 93 2 99 98 770 1.03 1.09 1.01 1.22 0.99 1.04 1.03 97 1.26 96 126 1.00 0.92 (0) (7) 36 1.14 42 1.01 (2) 54 1.28 8 1.75 (0) (0) 4 3 86 1.33 (4) (7) (12) 55 100 34 1.27 1.08 1.73 (5) (9) (9) 144 1.11 76 1.13 10 1.40 (49) (0) (0) 82 1.48 26 (76) (0) 35 1.26 (25) 14 (70) 1 (5) 20 1.20 (26) (27) 19 19 (70) (69) 1 (4) (4) 27 1 28 1.22 1.25 4 (0) (18) 115 68 7 8 7 84 1.00 Litigation Manak Kochery Labor Law Legal Aid Clinic Manak Legal the Clinic Community Kaplan Legal Resources 1 Solving Sims & Hyman Housing 8 Selected Problems in Development Planning - Kaplan & Greiner Women & theLaw Davidson Seminars Civil Rights Mann - - (0) 1 (80) (4) 4 (20) (18) 4 1 15 (60) 2 (29) 1 (14) 4 (57) (0) (0) 3 (60) 2 (40) (0) (0) (0) 4 (26) 4 (0) (0) 3 3 (26) (20) (57) (23) 9 10 (60) 4 (25) Comparative Law - Laufer Copyright, Patent & Trademark Goldstein JudicialAdminis. Kochery Justice& Reasng. Hyman Law & Economics Gifford Law & Psychiatry Carnahan Mens Rea Brady Problems in the Correction Process Schwartz TOTAL Homburger and - - - --- <7> 1 (0) 20 (0) (I) 8 12 6 9 (67) (80) (43) 2 I (70) 12 (75) 3 (20) II 288 (21) 978 (80) (71) 89a 3 2 (14) (7) (0) 8 1.50 24 1.09 7 1.71 7 1.60 15 15 1.13 1.20 120 I 16 1.20 1.25 15 (0) 5 19 (0) 2 15 (0) 2 18 (0) (7) 22 14 1397 121 115 �April 1, 1971 THE OPINION 7 ADVOCATES Continued instructor for the education in law course, put him in touch with the Association for Children with Learning Disabilities. " I found they had lots and lots of complaints against schooldistricts Frequently, schools would throw kids out simply because they couldn't deal with them. "They gave us several cases to work on. Most involved only a phone call to school officials and were successfully remedied." About that time a VISTA worker, Mary Hoban, contacted Professor Newhouse. Ahe reported that there was a severe problem of students being suspended. There were some mcc tings with community workers and a "School Law Clinic" grew out of it. Mr. Rosenberg found six law students Advocates Norm Goldberg (I) and Lee Ginsberg coming interested in working on the out from meeting with Buffalo Board of Education. problem-three with much experience in dealing with That agency will provide an Parents." He has asked Buffalo youngsters and all with experience "attorney of record" if the school officials to send it home in studying education law. In suspended pupil's family is within with students who are suspended. mid-January they adopted the certain economic guidelines. No agreement has been reached Professor Newhouse helps with on this, however. name, The Advocates. The Advocates receive, via Miss "substantive law problems." The law students in this Hoban, complaints about school program agree that, in most A GUIDE FOR PARENTS suspensions. They first look into nstances, the facts of the complaint. Then Thus far, The Advocares have ineglected students' rights are because educational they contact Professor James P. handled a half-dozen complaints. administrators do the Manak, who directs clinical They have also spoken before law. "They are not know says ill-informed," programs at the Law School, to PTA's and several community Richard Steiner, one of The discuss whether a lawyer is needed groups. They stand ready, says Advocates. "They do not apply for the case. If not, they try to Rosen berg, to "research any the law as it is." resolve the case by negotiating problem related to pupil's rights Mr. Rosenberg expects that with school officials. in school." The students meet once the word gets around of the When a lawyer is needed. once a week to discuss education group's existnece "we'll be Professor Manak serves in that law and hash pending cases. with cases." And he inundated role and the students work with Mr. Rosenberg, with the help expects also that school officials him on the case. The students also of Professor Newhouse, has also will then become more aware of have an agreement with the written a pamphlet, "School their existence, and begin to apply Buffalo Legal Aid Bureau, Inc. Suspensions: A Guide for thelaw as it is. , . Hews Briefs PHI ALPHA DELTA INTERNATIONAL LAW FRATERNITY NEW MEMBERS SEEKS A membership drive of the Carlos C. Alden Chapter ofPhi Alpha Delta Law Fraternity is under way at the law school. Miles Kavaller, Justice of the Fraternity, indicated that any student seeking membership should secure an application and application from Shirley's office or from any member, fill it out and return it to him. To be eligible a student must in good standing and capable of donating a small amount of time to fraternity activities. Membership fee is $25.00 which goes to the National Organization and $20.00 a year chapter dues. Informal arrangements for payments can be made with the treasurer for deferred payment. The schedule of events include: April 16 Initiation of New Members April 30 Elction of New Officers May 1 Clsing Affair -- .. MARK FARRELL, SBA SOCIAL CHAIRMAN would like to announce... Friday, April 16th, 9 P.M.-l A.M. Goodyear Main Dining Room SBA "Rock party" Blue Avenue will play. Bring wives, dates, girlfriends or just come stag but be there! - SUMMER SESSIONS The summer session of the Faculty of Law and Jrisprudence has been expanded to include five courses. These are Constitutional Law (a) (mann). Insurance (Donegan), Corporations (Fleming), Labor Law (Atleson), and CivilProcedure (b) (Homburger). The classes will be held at the Law School facilities at 77 West Eagle Street and the Prudential Building. All courses will receive 3 hours credit and the cost will be S2O per credit hour ($6O per course) plus fees. Registration for classes will commence April sth. Registration packets will be available on the 11th floor of the Prudential Building or from Mrs. Shirley Ahrens, Office of Summer Sessions, 192 Hayes Hall. The summer session will run from June 7 through July 30. Notes From Elsewhere Syracuse: Many launched their of the worst politicians in the country careersrunning for law schooloffice. By Michael Montgomery JUSTINIAN Brooklyn Law School Avoid the May Rush All may not be joyful wisdom city of the Great Lakes, but Prosser help the poor guy in Brooklyn Law School. According to their March issue, BLS putative lawyers can be sacked at the discretionof the faculty at any time after failingonecourse (straight letter grade system). Gives me the cold sweats. A senior evidence class is protesting, not surprisingly, the in the fun - 51% flunk-out rate bestowed upon them. Bonne chance. It might be noted that while the BLS handbook is rather specific about the criterion for expulsion, theabove "one and you're out" policy is mentioned nowhere except by the Dean. All is not dismal, however. BLS is putting on a play called The Bluff with a 52 member cast. Good training for trial lawyers. OBITER DICTUM Ontario. Osgoode Hall, York University, We Should Take It Back Already? As my friendly gendarme in the Ruratanian Border Horse Marines (Petitio Principi) once said, the American buck is the best passport in the world, with the possible exceptions of Chivas Regal and Raquel Welch. Ever hear of anybody turning it away? Well, wonders may happen and Lochinvar may yet come riding out of the smog on his fiery warthog to rescue the ravishing Brunhilde Canadians don't want our money. Or at least admit that it is ours. Some of them. - Ontario Law Students Association held a at Windsor, Ontario, at which studious assemblage a number of politicos rose to inveigh against the perils of the plague of green George Washingtons infesting their "home and native land." Progressive Conservative (sic?) George White, Ontario Revenue Minister, warnedlaw students to stick their fingers in the dike and prevent Yankee dollars from surging across the Detroit River. On the one hand de advocated opening Canada to all foreign investment, but countered himself neatly by suggesting that only certain countrieswould be allowed to invest. Canadashould refuse to deal in any way The convention - Osgoode Hall: She was only a lawyer's daughter, but a lot of judges tried her. with the American armaments industry. White really THE JUDGE Syracuse Law School bitched about American control of Canadian politics. Apparently, U.S. subsidiaries in Canada have made Only in Syracuse, where the radicals never Right On political contributions to his opponents in the Liberal break the windows of the banks or the garages which Party,and international labor unions have backed his New service their GTO's could it happen. An advertisement for Democratic opponents. The fact that his own part is applicants in a college paper, let alone a graduate ROTC financed by U.S. affiliated insurance companies was rag? Granted that many Buffalo draft evaders infest local apparently not germane to Mr. White's discussion. reserve units, tending to wear the funny green suit and wig more on weekends than is .pleasureable, (PUN?) but advertizing shame? With salary as an inducement? A more likely candidate for the maple-leaf crown of Such sights one's approach the level of functional absurdity Captain Canada (biiinguil superhero with his wonder dog reached by a letter General Westmorland circularized to Pierre) would be the foreign rape of Canadian resources the National Guard requesting volunteers for an and stop the processing of Canadian raw materials from handball team. To promote the youthful imageOlympic of the being done outside the country -an economic nationalism modern action Army. Right up. which previsions a phalanx of Mounties stretching across the 38th parallel. Well Traveled Consumerism and the worthies of Syracuse have discovered that, low and behold, concession prices are high on the Thomas Dewey Memoral Thruway. God help Donald Deacon, representing the Liberal Party the guy whose car craps out between Buffalo and New currently in control of the Ottawa machinery, wants to York, for verily he will get goudged. At any rate, two have his cake and eat it too, like any good politico. professors and a number of students ahve instituted a Whether by"skillful diplomacy" or statue he wants research project in the area of the Thruway authority, American investors to continue their financial report of The Authority for verily he will get goudged. At any itself. Canadian industry while relinquishing all control of their rate two professors and a number of students have own companies, in effect going home but leaving their instituted a research project in the area of the Thruway wallets behind. One procedure would be to limit The Authority Authority under existing (retroactively) all foreign investment to bonds or Authority itself. antitrust laws. nonvoting shares. Super. Can't claim an unconstitutional taking.though no constitution. AShot in the Arm - - The rhetoric was rather phosphorescent. One cannot help wondering if the gentlemen up North have failed to note a possible inconsistency between economic nationalism and economic progress. Quite simply, for Canada to continue the burgeoning development it is presently undergoing it must keep the capital invested in it and attract more. If American and British investors are told: a) to leave, or b) to go but leave their money behind, Uncle Sugar and J. Bull Esq. are likely to pick up their marbles and go to Australia. What result? Foreign investment came about because Canada cannot generate enough of its own capital. It follows, therefore, that it can't raise the money, privatly of publicly, defense against an invasion by Ashland Oil Company. Uncompensated their 8% rate of unemployment and consider the jobless rate which would occur if American investors fled from Remember back to the third grade if you can. You know, tag in the parking lot, the icy feeling of fear conmingled with foolishness when you lost your luch money. How about that line-up in the gym, redolent with mildewed sneakers and propyl alcohol as the nurse stuck a needle in your arm. What if your Dad's religion ran counter to such innoculations? The New York Education Law exempts members of some religious groups from such innoculation, but if a parent espouses no specific religious group, his kid is stuck either by the needle, or by b.ing booted out of school. A Syracuse professor is contesting just such an occurence, alleging unequal protection of the laws thru discrimination between affiliated and unaffiliated beleivers, and as acoercive state action militating against the freedom of religion. The State Attorney General alleges thru discrimination between Ford, GM, Studebaker, amd Texas Gulf Sulfur of Canada, affiliated and unaffiliated believers, andas a coercive state What InternationalNickle. business of the state's is that? or - �April 1, THE OPINION 8 1971 Sports Shyster's Champs . 77ie Shyster's who also compete in the Muny League as The Law, have won the lntermural Campus Championship Basketball Tournament. The trophy was clinched by defeating a tougtiArchie team 65-55. In that game Terry Connors led all scorers with 20 points. He was aided by Bruce Norton's 16 points Lee Ginsberg and Richie Clark also played their usual fine game with some excellent offensive and defensive plays. Tom Parmele, who was recovering from the flu, gathered all of his strength to keep control of the boards. Coach Jerry Solomon used his time outs very well and resembled Blue Holtzman on his continuos moves to the scorer's table. A boxing match climaxed the game with Alan Snyder winning the main bout with a left to the head to lead The Shysters to victory. Due to the interest in the fight, the basketball game was ended 3 seconds early to allow all to particpate. Spring Sports . Now that Spring is here (or is it?), the sports scene turns to the out of doors. On the first Sunday morning following Easter vacation there will be the usual pick-up softball game. Who can forget that memorable Sunday morning last Spring when Jeff Sommer pitching for the rookies hurled a perfect game. Who? .The upperclassmen, of course, who were the victims of this young Cy Young. Along with the Sunday morning games, anyone can enter a squad in the intermural league on the main campus. The Shysters who have participated in both football and basketball, will be entered in this league. Any ringers interested in playing for The Shysters should contact Alan Snyder. All in all we are looking forward to a very relaxing Spring. All equipment for softball has been purchased, so just bring a his or her glove. All are invited to participate and all will play. The annual Bob Rodecker Gold International will take place as usual during exams. Competition is light and the prize, two tickets to next year's tournament, is enticing but not tax deductable. We have checked the Tunis-Steiner fishing reports and have been informed that as of this moment the waters are much too cold. However, the report adds that one need not catch any fish to enjoy the sport. For further information, check the Athletic bulletin board for times and places of the events. Anyone interested in forming any teams, or in other activities, feel free to contact the Athletic Department if any assistance is needed. Once More With Mike Montgomery Well, Harold Stasson can move over a bit now. Yours truly having just lost his third attempt to be elected to the SBA, that is. Actually, getting 114 Junios to vote at all in a run-off election for a post of four weeks duration is something ofa minor miracle, and my opponent Lee Ginsberg should be congratulated on taking the slot with 64 votes. One constituent made a comment while I was dragging him bodily up to the ballot box, a comment which might be noted for future office seekers. It ran 'Wanna play some pinochle?*b) 'What did you say your name was?'. Let them eat cheese and pepperoni say I. Put up posters and somebody will turn them over and use them to advertise neckties." you your fees. Actually, I hate spending money. Especially my from 3. Student own - there is so little of it 1 have established a warm personal relationship with every cent, even if they are red. On the other hand, "Oh, are you running?" "For what?" Got any issues, or is this a usual SBA farce?" My campaign manager, Pericles Pro eras tina tor countered my queries about campaigning with the following aphorisms: "Tush and likewise twaddle, my boy (what did you say your name is?). Radical Apathy typifies the proposal has taken the form of criticisms that students would then leave all their studying until the last minute. a)Many do so any way. b)Those who don't are presently left with the unhappy choice of either preparing ahead for finals and skipping class preparation for the last two weeks, or inventing the 30 hour - name Issues? periodical. 2. A reading week, i.e. a 6 day or so break between the end of the semester and the start of final exams. Some opposition to this day a consummation unlikely to be fulfilled. thusly: "Don't I know somewhere?" "What did you say was?" Feeling... things like the SBA beer parties and (Caxton preserve us ) the Opinion which probably are the two major forces unifying our Thus propounded Pericles, amorphous student body, would prime pontificator of not exist without student fees. If pussyfooting poppycock, they aren't mandatory nobody profoundly poor in prospective will pay themand nothing will propaganda. You will observe that happen. More nothing even than or elusive usual. Let them eat cheese and pepperoni. alliterations altering nothing. nothing, Having divested myself (in Havine advocated bear sapient sapiens studying with me a bit while I suggest a few dubious faith with little stertorously in the baroque and items which the SBA might well consideration) of the above elegant confines of hallowed Eagle consider. weightly opinions, I must inform Street. Come out with an issue 1. A reexamination of the present the public promptly that Pericles grading Instituted guy say 'right system. will on', and one as a P. is again above weighty another will tell you he can't panacea for all inequities it seems opinions, I must inform the public any given questions because he to have answer birth to more than a promptly that Pericles P. is again didn't do the day's reading, and few new ones, as was delineated in What did you say your name previous the other three will ask you a) the issue of this sterling was? I lost, allusive, illusive, - SYMPOSIUM (cont'd from pg. 1) both foolish and dangerous to East. disclose major troop movements, that change start with society. In response to many queries in but where the world somehow Using the example of abortion, he is going on any way regard to the media in the Asian knows what pointed out that a year ago it was is little point in staying in conflict, Mr. Rowan noted that there a crime. At that time a police hiding. Pentagon and the country may well erupt agian as trouble breaks in other areas such as the Middle the on the spot war coverage initiated in WWII and the Korean War and widely expanded in Viet Nam has brought the terror and disgust of war to American public opinion. At the same time, Mr. Rowan made observations on his own experiences overseas by commenting that TV coverage was not really too accurate, that television cannot really tell the whole story. Each network had seven crews in the field with 100 contacts a day it was hard to get the "bang bang" they were after. reporters took Ofen enough lonely walks in the sun and generated filler commentary. The speaker noted that for the public to be well informed it ought to - Alan Snyder (I) and Professor Steven Larson with Intermural Campus Trophy. ROWAN (cont'd from pg. 1) The speaker underscored a the superb manipulative ability of basic development which arisen in regard Pentagon selecting in to the activism which has the facts the they chose to set before the heretofore vigorously opposed the President, a skill developed far war.-that increasingly nobody beyond that exhibited in any seems to care. Most deliberated media presentation. Mr. Rowan dissent in the country is being thoerized thta Congress and the projected inward, onto such issues President and his staff were far as ecology, unemployemnt and from inclined to argue with the the economy. Such a nascent carefully culled facts and desired inward progression is seen as because the conclusions thereto set forth by a unfortunate problems of the White House, the general. - examine the totality of the media, not just the boob-tube. Mr. Rowan brought out amajor priblem with TV, afactor which contributed to his decision to leave CBS and come to the Queen City. These were the attacks by Agnew on CBS and the other networks which made the powers Such to be very nervous harangues from the government led to a counter-productive editorial mellowing or disregarding of the judgements and opinions of reporters. Relative to Pentagon news blackouts on such as that which precede the Laos invasion, Mr. .. Rowan saw little evil in them up to a point. It would obviously be The speaker considered Lt. Calley to be a scapegoat, to some the Army being full extent willing to hang a lieutenant and fire General Koster to keep up its image. On the other hand, Mr. - Rowan felt that there was little doubt that Calley did perpetrate that which he stands accused of, acts which are unforgiveable under any circumstances. He also saw some racial overtones in the reciprocal slaughters drenching Southeast Asia the Orientals hate us, and we don't care for them. "They have their own system fo corruption and don't like ours." In regard to economic corruption Wednesday's speaker noted that there is systematic corruption in the U.S. Army controlled by senior NCO's while the Saigon government is totally corrupt and Americans cannot understand why it is that fairly self-sufficient villagers don't wish to subject themselves to such a regime. - , One memeber of the auddience questioning Mr. Rowan elicited the opinion that the disregard of orders be lower echelon troops, recently highlighted in the case of officer would have made an arrest, but because society, through the legislatire, made a decision, making it no longer a crime, the police do not make arrests in this area today. He believes that in other areas of law enforcement there are movements for change, for example, gambling and drugs. But until laws are made one way or the other regarding these areas of interaction in society the police merely enforce laws made by society. Mr. Whalen agreed that there should be a controlled police force but disagreed with Mr. Meyers as to the extent of this control. A question and answer period followed the presentation of the panelists in which the Prisoner Release Program of Erie County was explained, current drug problems at the University and genera) narcotics problems in society were discussed, and questions concerning the new minority hiring program of the Buffalo Police Department were answered. The symposium ended with an informal coffee hour where students had an opportunity to are often justified in view of a discuss the various topics with variety of unintelligent blunders members of the fraternity and the one armored company, was not only not infrequent but was and by those in command. panelists. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1971-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 7 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1971 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/666919c8a701866903a41f386fdeb719.pdf d62bc08708234419e16cc84d43623b35 PDF Text Text Non-Profit Oroaniutton The Opinion 77 West Eagle St. Buffalo, New York 14202 U.S. Postage PAID BUFFALO, N.Y. PERMIT NO. 708 THE Volume 11, No. 6. OPINION State University of New York at Buffalo School of Law March 19. 1971 Law Review Chooses New Staff Election Results Mandatory Fee Approved by JedWolkenbreil Since the publication of its first edition in the spring of 1951, the Buffalo Law Review has tried to produce a By a Friday by publication that is geared to the needs of both the legal scholar and the practicioner. twenty years of the staff has solicit professional present new and approaches to problems and to produce student work that reflects scholarship and thought. Throughout publication, attempted to articles that stimulating difficult legal Looking forward to Volume 21, newly .appointed Editor-in-chief, Bernard M. Brodsky stresses that he will New law Review Staff seated left to right: Warren Rosenbaum, try to make quality the theme of the Review. "It is not our John Spitzmiller, John Ark, Editor-in-chief Bernard Brodsky, Standing left says to right: Paul Battaglia, Arthur Dobson, Clarence Sundrum, Brodsky, "to intention," develop a voluminous Norman I.eßlanc. collection, but rather to try, Rosenbaum, Ass't Managing procedure for the selection of within our ability, to make a Editor; Norman Leßlanc and candidates is determined by the significant contribution to the Clarence Sundram, Article staff. Editor-in-chief Brodsky national legal community." Editors; and John Spitsmiller says that this will be the first Although Buffalo Law Review and Art Dobson, Note and order of business for the new board and that he will shortly is the only review of a law Comment Editors. announce the method of school in the S.U.N.Y. system, the staff has always refrained Other members of the staff selection for the candidates for from specializing in local or include: Roger Burlingame, Volume 21. The criteria of a good state matters. Brodsky said, Peter Insero, James Kelly, "An effort has been made to Howard Levine, John review is its usefulness to its maintain a national scope to Quackenbush, Robert Weill, Jed readers. From the very first our work that is within the Wolkenbreit, and Richard Woll. article ever published, "Res Ipsa Loquitor Vindicated" by limits of the financial resources at our disposal. Our position, In addition to the Louis Jaffe (then Professor of however, makes it important contribution that the Review Adminstrative Law at Harvard that we remain sensitive to the makes within the legal and later Dean of the Buffalo legal problems of the region community, it is a significant Law School), to the present and that we pay adequate part of the education of its time, usefulness has been the attention to the legal members. Candidates are chosen prime goal of the membc.a. developments within the state." each year from the Freshman The many requests for reprints Beginning their one year class based on their ability as of articles and the numerous term of office with the reflected both by their citations in law texts and legal Editor-in-chief are: John Ark, performance in class and by articles are an indication of Managing Editor; Warren their writing skill. Specific their success. - Thank You, Alumni three to two majority, in the referendum held last the Student Bar Association, the student body voted in favor of retaining the present system of mandatory student fees. In the same election, two amendments to the activity SBA Constitution were overwhelmingly approved. Also on the ballot were candidates for Directorships in all three classes. Winners there were: Senior class, Judy Ittig; Freshman class* William Buscaglia; and in the Junior class a tie between Lee Ginsburg and Mike Montgomery. The most important issue on the ballot was the referendum concerning the student activity fees. The purpose of the referendum was to sample student opinion so that the Board of Directors of the SBA could decide whether to continue the present system of mandatory fees or change to a voluntary system. If there was a clear mandate of the student body toward either system the Board would probably feel itself bound to favor that system. If, however, the results were inconclusive, the decision would lie with the Board, which seems to be divided on the issue. The results of the referendum, 150 for the present system, 100 for the voluntary system, and two with no opinion, indicate a clear majority favor the present system. In addition, of those voting for the present system, 9 called for increased fees, 106 for the present level of fees, and 28 for decreased fees. It remains to be seen how the Board will interpret the results. The two Constitutional Amendments that were approved concern: 1) allowing the Board of Directors to meet on any day of the week instead of requiring that the meeting be held on Friday; and 2) making it possible for an officer of the Board to be recalled and setting out procedures for such. The Senior class elected Judy Ittig for its representative for the remainder of the year. She received 38 of 41 votes. In the Freshman class William Buscaglia collected 55 of 111 votes cast to easily beat his nearest opponent Earl Carrel who polled 35 votes. The balloting was marked by much apparent hero worship. Included in the list of those names written in on the ballot were William F. Buckley, Richard Nixon, Bob Portney, and receiving two votes, Zalman King (Arron Silverman). The two leaders in the Junior class election for * representative battled to a 35-35 tie which will be decided in a run-off election. In addition, Carl Darnell received 16 votes. A total of 258 persons voted in the election which is approximately fifty percent of the student body. By class there were 51 Seniors, 96 Juniors, and 111 Freshmen. Moot Court Wins in Detroit The staff of the Opinion would like to sincerely thank the members of the Law Alumni Association for theircontribution which will make possible the mailing of the Opinion to all of theirmembers. It is our hope that through this effort greater communication may Two students from the SUNY represented the owner of the States. open between the alumni and students at theBuffalo Law School. Any Mr. Evans and Mr. Berkowitz at Buffalo Law School have won fictitious American yacht, who member wishing to express his opinion may write the Opinion, 77 the top award at a moot court sued the Canadian government for are juniors at the law school and West Eagle St., Buffalo, N.Y. 14202. competition held in Detroit. damages and appealed the case to members of the Moot Court the Sunreme Court of the United Board. The students, Leonard Berkowitz of 61 Wilbury PI., and Richard Evans of 2715 Eggert Rd., Tonawanda, received a trophy as the victorious team in the fourth annual Niagara International Moot Court Competition, hosted by the Wayne State University Law School in Detroit. On Tuesday, March 23, 1971, these issues will be as follows: O ther participants included at 7:00 p.m. in Norton Joseph Mattina-County Court teams from Western Ontario Law Conference Theatre on Main School (London, Ont.), Osgoode Street campus, Phi Alpha Delta Judge Mr. Paul Birzon, Local Hall (Toronto), and the University Fraternity will be holding its of Detroit Law School. annual Legal Symposium. The Practitioner and Instructor The competition involved a Mr. Willard Myers, Defender of topic this year will be Civil Rights ROTC 19. the fictitious collision between an enforcement, in and Law Representative of the District American yacht and a Canadian particular First Amendment Rights and Demonstrations and Attorney Office and a merchant vessel, which were Winning Team of Leonard Berkowitz (left) Richard Evans and Bail Preventive Detention. representative of the police sailing in the Detroit River. Mr. somber friend. Evans and Mr. Berkowitz Members of the panel discussing department. P. A. D. Announces Symposium ___ _^^^^^ �Editorial Screwed Again! March 19,1971 THE OPINION 2 HD... HD... What Are You? with some professors, There has been a good deal of dark muttering Random conversations to the latter conclusion. While around the law school in the days following the unhappily, point insist that there are only three periodic release of examination grades. While some some professors by the number and of the complaints have dealt with the wide variance grades, others, as evidenced awarded, obviously believe in the waiting periods (during which a number of us frequency of HD's remain transfixed under a sword of Damocles), that otherwise. This raises an interesting situation: to one who area is not the subject of this epistle. Rather, I the is totally unfamiliar with the subtle intricacies of the propose to deal with this curious phenomena grading system, it would appear that either all the Minervalike, sprung up. which has to HD flock, like the proverbial birds of a confound the existing confusion in the grading brilliant minds into a few select pourses or that certain feather, system. (or poorly learned) that When the new grading system was announced, it courses are so poorly taught of the students thereinrise above the level of was the understanding of most observers that there none by an H. While the latter would be only three grade classifications H, Q, and mediocrity represented unfortunately true in some cases, there U. No mention was made of the HD although this alternative is logical relationship between the necessary no or is the may have been a distant gleam in classification course is taught (or eye of an occasional optimistic professor who manner in which a particular the to use three grade policy and decision learned) foresaw the day when a brilliant student would so thoroughly dazzle him (the prof.) with his (the classifications. interests uniformity, of the faculty ought In the student's) mental agility that granting a mere H in the mess created The Board of Trustees of the State University ofNew York have proposed a tuition increase for the coming academic year of SO'vr or $400 for Professional schools. We believe that this increase is unwarranted and unjust. The fact is that law students pay the most tuition with the least amount of scholarship aid. Because of their rating as "Professional" students on the tuition scale, students at the Law School presently pay S_oo more a year than Graduate students in the University system. After the increase next year, we will be paying $400 more than other Graduate students. To make matters worse we are the only response would appear churlish. A quick glance at the bulletin boards where the graduate area which receives no scholarship aid from the grades are posted {on vari-colored cards) leads to one state (Medical and Dental students, the other porfessional of two conclusions: either we are blessed with more Regents Scholarships worth than our share of future Cardozo's and Frankfurter's area, receive special up the grading system! $350-$ 1.000 each year). We also have no equivilent to the or someone has screwed other financial aids such as teaching assistantships. grants, - - - etc. As a further irritant to Buffalo Law School students, the tuition increase is necessary to pay for construction of new buildings. With the Law School presently occupyingpossibly the most decrepit and overextended set ol" buildings in the State University system, it seems manifestly unfair to require the present students to pay for a luxurious facility that they will never see. The most serious objection to the tuition increase, however, is its effect on the -financial situation of the students. Many of the present students chose U.B. Law School mainly because they could not afford to attend other private law schools. The effect on these students could be very serious. Many may be forced to drop out. Some will attempt full or part-time employment to the detriment of their study. Others will be forced to take out heavy bank loans. The increase will also endanger programs to bring lower-income and minority students into the Law School. This is especially trueat present when many of theprograms are straining to meet present costs. It is, therefore, imperative that the tuition increase for the Law School be reconsidered and reduced. It is time that we law students stopped getting the short end of the stick and the long end of the expenses. Mandatory Fees Are Necessary The student body showed a knowing appreciation of the value of mandatory student activity fees Friday when it voted in favor of retaining them by a three-to-two majority. The student organizations and programs in the Law School presently face enough obstacles to overcome with hard courses of study and student apathy without adding the terrific burden of collecting funds with which to operate. Admittedly, some students do not participate in student organizations and therefore, they believe, receive no benefit from their fees. This, of course, is not true. The Opinion, the Moot Court Program, the PAD legal symposium, the speaker's program, to name but a few of the organizations funded, increase the value of the U.B. law school degree by enhancing its reputation, and therefore benefit all students even if they never join an organization or even glance at The Opinion. The benefits enjoyed by those participating, of course, are obvious. The student activity fee can be, and is to many students, the best investment of their law school careers. by a varied present to re-evaluate grading policy. If the result of the re-evaluation is to legitimize the HD, then perhaps the Grading Committee should consider reverting to the A,B,C system. C.J.S. Letters To The Editor the new system. To The Editor: among Differences professors are to be If the grade of HD-H-Q-U- are to be handed out like A B C F why not admit it, and use that letter grade system, a system whose criteria are familiar to student faculty, employer alike. The current methods are apparently not being used as the modified pass-fail system which many of us had believed it to be. If some professors continue to treat it as such, and others treat it as a modifiedstandard letter-grade system, many students will suffer. Student input in such an 1 would like to commend, and expected no matter what system thank, you and your staff for is used. There may be evidence your iniative and foresight in that the professors are not af all sending out The Opinion to sure what the various symbols are alumni of Buffalo Law School. As supposed to indicate, however, may a recent graduate, now working in particularly where one course Washington, D.C. for the result in 5 H.D's, 40 H's, and no U's while another course U's in 24 Interstate Commerce Commission, I find your paper an interesting up and 8 H's, only will be year forthcoming. Last school happenings at date of current examination might well be Buffalo. I enjoy reading of recent H.D.s were as rare Picasso's in the accomplished with a carefully activities and events of groups and Sistine Chapel; this year they were prepared opinion poll issued at projects that I, not long ago, was not at all uncommon. Is the next SBA election. part of. Thank you, and good luck everybody smarter this year, or did the faculty just discover that in your endeavor. Mike Montgomery the grade existed? Sincerely yours, Ernest J. Norman Class of 1970 To The Editor: GRANT US O' by Alan Minsker Final examinations are just The present H-Q-U system of two months away, and grading, coupled with the about many students are beginning abolition of the class ranking to experience the reality of system, were instituted at this that well-worn legal maxim, school for the first time during "somebody (the victim) is the 1969-70 school year. A novel going to get it in the ass 1 ." arrangement for law schools Naturally, tension is some high traditionally known for unavoidable and necessary degrees of competitiveness among both during examination week. But students, it was a radical is the trauma of having to departure from the old system of take one's first final only two numerical ranking. It was days after the last formal class admittedly something of an either inevitable or necessary? experiment. Three semesters, Does result in students almost four have passed since the learning it more? Does it result inception of this experiment. a more accurate evaluation in Should not the new method of of what students have learned? subject itself grade evaluation be Does it result in better to a more than cursory between faculty and reevaluation and examination, as relations Faculty? all good experiments are? If it is Under the present calender found that the H-Q-U system is for Spring Semester, 1971, not working as well as it might, some students will have only waiting for students to feel two days between their last sufficiently damaged as to and their first exam. class complain would be both Much tension could be iniquitous and inequitable, surely a bad thing to say of a law school. THE Involved in such a reevaluation might be not only an examination Vol. 11, No. 6 of the students' reaction to and Editor-in-Chief treatment under it, but the Assistant Editors reaction of that part of the F(f)A READING WEEK relieved, and much good could be accomplished if this two day period were extended into a seven day period. This is what is meant by the term, "Reading Week", seven days between the and the first last formal class final examination. Seven days in which to academically and prepare psychologically would be a everyone. boon to A petition for a Reading Week was signed by over one hundred fifty students at the law school; there is no doubt about student modification of A support. the present by Reading calander a Week would certainly be in the best interests of the student body. And, if properly implemented, a Reading Week could be one of those few changes which benefit every student, and could cause harm to none. 1. Katz, "A Psycho-Analytic 20 Conspiracy," Peek at Buffalo L.R. 239, 241. OPINION Much community teleologically important to us; the prospective employers in the area who may find it easier to judge the quality of a prospective associate better if he finished 49th out of 207 with an average of 79, rather than a man or woman who thought they did pretty well, having straight Q's (whatever they are), but have little basis with which to compare themselves to the rest of their class. Another consideration might be how the professors are using 19,197) JohnR. Samuelson .George Riedel Kathleen Spann Business Manager Malcolm L. Morris Staff: Mike Montgomery, Jeff Spencer, Alan Snyder Contributors: Bob Penny, Clarence Sundrum, Richard Rosche, Weinberg, Alan Minsker, Jed Welkenbreit. Photography: Samuel Fried, Samuel Newman. Richard The Opinion is published every other week except for vacations during the academic year. It is the student newspaper the of State University of New York at Buffalo School ofLaw, 77 West Eagle Street. Buffalo. New York, 14202. The Opinion if a non-profit organization. Third class postage entered at Buffalo. New York. �March 19,1971 THE OPINION 3 SBA A View From A Casual Observer by Richard Weinberg were the applicants' teaching ability, teaching and his utility in fitting in with the As a substitute to the Student Committee on present and future needs of the U.B. Law School. faculty meetings I had an opportunity to observe the There was no correlation attempted between the inner workings of a faculty meeting on the night of needs of the school in a particular field and the February eleven. The only order of business was the applicant's expertise. recommendations for faculty appointment to be To a casual observer this undertaking assumes made to President Ketter for his approval. The meeting was called unexpectedly, thus I filled in for the aura of bad drama due to lack of direction or student members not informed of its taking place overall purpose. By this time I was angry and that evening. frustrated at the meeting's lack-tuster performance. The meeting was called for five o'clock which Filled with hunger pains, as this show had already should have signified to me that 1 eat before lasted two and a half hours, I dared to ask for the attending but instead I hoped for an early ending floor. Upon receiving recognition I reminded those and a not too late dinner downtown. As it turned in attendance that teaching ability is an important out my expectations were ill-founded as the meeting facet of an appointtee's background. It is not enough, I held, to look solely at one's list of rolled on and on. Each faculty memberand student attending was publishing records, and the faculty should look at given a booklet containing resumes and letters of the candidates from the viewpoint of students who recommendations regarding each of the four attend each class. candidates for appointment. For many of the faculty I relinquished the floor gracefully and slid back and all students this was the first time such into my chair to see how long it would take the extraneous information was made available. Thus the meeting to fully ignore my impassioned pleas and, student representatives were unable to research each hopefully, not too elegant speech. applicant's background. The meeting progressed with questions and It was getting into the evening and my stomach discussions by the faculty concerning each sounded like a boiler in need of emergency repair. As applicant's publishing educational I left the meeting prematurely the faculty was record, background, experience, and general analytical arguing over what procedure of voting should be thinking ability. (Prof. Katz was the chief expert on used in listing the candidates in order of priority. As analytical and intellectual prowess.) Significantly left I headed to Ace's Steak Pit for emergency relief I out of the discussion and seemingly of consideration wondered if my presence was worth it all. background President's Corner by Bob Penny PLACEMENT In the past I have been accused of editorializing, in fact, using this column to express my own opinions. My contratulations to those astute students whonoticed this, they are exactly correct. Now for more opinions. .1 think the student body is closer than ever before to having a full time placement director. The new Dean has assured me that he will use one administrative line for this purpose. It is essential that the placement function be fulfilled in a vigorous manner. A new law school edifice is not the only required element for improving stature of this law school. An active alumni is also important, and placement is one way to improve alumni-student relations. SBA REORGANIZATION Based on what may be termed ineffective activity it has become painfully apparent that the SBA must improve its legislative capability. To this end I propose 1. that the Board of Directors be divided into and ad hoc committees, 2. all matters be referred Vp committee for committee recommendation 3. matters not be placed on the agenda until consideration, and committee those 4. committee matters, pending action, are not to be placed on the floor for discussion unless a majority of Directors present and voting urge the chair for early consideration. Committees to be include established Budget Constitution, Election, Social, Student-Faculty Relations and Grievance. -30- Legislative, Concerned About Environmental Pollution? Sue! By JOHN HAMER College Press Service Ever heard of Qui Tarn? No, you can't get it at a Chinese restaurant. And it's not a village in South Vietnam. Qui Tarn is a venerable old legal principal which allows you, the individual citizen, to file suit in the name of the government against people who break certain laws, and then collect half of the fine for a conviction. The idea has been getting a lot of attention lately coupled with another crusty old law called the Refuse Act of 1899, which forbids anyone or any group from throwing pollutants into any navigable waters in the United States without a permit. "Navigable waters" are defined as rivers, lakes, streams, or their tributaries sufficient to float a boat or log at high water. Permits are issued by the U. S. Army Corps of Engineers, but since the Corps has its chairman, Rep. Henry Reuss (D-Wisc). Reuss himself has filed Qui Tarn actions against four polluting companies in Milwaukee. The Subcommittee has just completed a report, "Qui Tarn Actions and the 1899 Refuse Act: Citizen Lawsuits Against Polluters of the Nation's Waterways," which will be released within two weeks and will be available from the U. S. Government Printing Office, Washington D.C. 20402 for 15 cents. It tells you exactly how to go about collecting evidence, filing suit, and cites impressive legal precedent to help you win your case. Besides the Reuss suits, two other Qui Tarn actions have been filed recently, one by a Seattle attorney and the other by an organization of bass fishermen in Alabama. Many environmentalists are hoping a lot more suits will be filed this fall. including yourself, who saw or knows could about necessary; a the discharges and them if testify about statement that the discharge is not authorized by Corps permit, or, if a permit was granted, state facts showing that the alleged violator is not complying with any condition of the permit; if the waterway into which the discharge occurred is not commonly known as navigable, or as a tributary to a navigable waterway, state facts to show such status; where possible, photographs Actually, the 1899 Refuse Nixon Administration was Act contains a provision that already hard at work to stop suits against violators should be large manufacturers from filed by the government, and polluting. The Federal Water the U.S. attorneys are also Quality Administration, Justice authorized to seek injunctions insisted, has set up "programs, to stop pollution of navigable policies and procedures" to waterways and to force the which "we shall defer with violators to clean up, at their respect to the bringing of own expense. actions under the Refuse Act." Assistant Attorney General However, recent actions by the Nixon Administration, Shiro Kashiwa of the Justice through the Justice Department, Department's Land and Natural have led many environmentalists Resources Division has stated to question the likelihood that that ''we can see no U.S. Attorneys will fulfill their justification for allowing court legal obligations under the actions by individuals." 1899 law. This doubt has led In short, it seemed to some t>i__K_H_E-U-_H_tf_l__i__M__M_l . 'This is a beautiful project for college students and ecology groups," asserts Clem Dinsmore, legal assistant of the Conservation and Natural Resources Subcommittee, who helped research and prepare the And those who have them report. "It's a great way to go (mostly industries) often violate after polluters." Dinsmore recommends that How many potential defendants can you spot in this charming permit provisions by dumping picture Of the Buffalo skyline? untreated discharges into the student groups combine the of law schools and should be taken, and samples to emphasis on Qui Tarn. talents water. In July, the Justice What all this means is that biology departments to keep of the pollutant or foreign now you can proceed directly legal fees at a minimum and substance collected in a clean Department issued a fascinating to your local neighborhood quality of evidence at a jar which is then sealed.. These memorandum called "Guidlines industrial polluter, gather some maximum. should be labeled with for Litigation Under the Refuse Basically, once you find a information showing who took Act" and sent it out to alt information and samples, and you should the photograph or sample, U.S. Attorneys. then file a suit which could polluter to attack, The prosecution policy bring a fine of not more than prepare a detailed statement, where, and when, and how; $2,500 nor less than $500 for sworn to before a notary and who retained custody of statement encouraged U.S. setting Attorneys to use the 1899 law public, forth: jar. each day of violation, of which the film the nature of the refuse This will be your basic "to punish or prevent you get half. It could also get discharges, which are discharged; significant amunition in the suit, and the polluter thrown in jail for material the source and method of should be filed in a U. S. either accidental or infrequent, not less than 30 days nor but which are not of a more than 1 year, which is discharge; district court, which apparently unlikely but nice to think the location, name and have exclusive jurisdiction to continuing nature resulting from address of the person or hear and decide such suits. The the ordinary operations of a about. Use of the 1899 Refuse Act persons causing or contributing Supreme Court has upheld Qui manufacturing plant." The Justice Department, Tarn suits in the past on the and the Qui Tarn concept have to the discharge; been strongly advocated each date on which the basis that the citizen-informer while acknowledging that recently by the House discharge occurred; has a financial interest in the industrial pollution posed "the the Subcommittee on Conservation the names and addresses of fine and therefore can sue to greatest threat to environment," claimed that the and Natural Resources, led by all persons known to you, collect it. traditionally concerned itself chiefly with dredging, filling, and construction, relatively few permits have ever been issued. environmentalists that the Nixon Administration, despite its strong rhetoric, was hedging in favor of big business and 'industrial interests. Reaction from many sides was immediate and scathing: Stewart Udall, former Secretary of the Interior, said, "Enviornmentalists who fear that the Nixon Administration's anti-pollution drive may be halt rhetoric, half promises and half politics have found a strange new ally. The Justice Department is trying to prove they are right." The Conservation Foundation, a respected national group, stated, "Our basic difficulty... is with the underlying policy of the (Justice . Department's) Guidelines .. The policy you articulate disregards the theory behind the Federal Water Pollution Control Act; federal leverage is required to force states to implement establish water and quality standards." And Henry Reuss, Wisconsin Congressman, complained that the Justice Department's "limited enforcement" doctrine "favors the polluter over the public's interest in preventing the pollution of our waterways." In a speech to the House,, Reuss charged "total abdication" by Justice of its "statutory duty" ..U.-lU-jr miiy to enforce the iv cniuicc 111. Continued on page 6 �March 19,1971 THE OPINION 4 LEGAL EDUCATION OF MINORITIES By William C. Lobbins It has been said that "theneed for the Negro lawyer is apparent and urgent." There must be more Negro lawyers if the Negro is to have enlightened, effective and responsible leadership during these difficult and turbulent days as the Negro to attain his full stature as a first-class citizen of our country. There must be more Negro lawyers if the Negro is to be protected against the abuse and exploitation of everyday life. The Report of the National Advisory Commission on Civil Disorders (also known as the Kerner Commission Report) struggles noted "ghetto residents have need of effective advocacy of their interests and concerns in a variety of other contexts, from representation before welfare agencies and other institutions of government, to advocacy before planning boards and commissions concerned with the formulation of developmentplans." The Kerner Commission Report also established that non-whites are involved in more crime than the non-black segment of society and consequently have more need for legal counsel than any other portion of the entire population. Misunderstanding white attorneys between and the black community over such matters as "the necessity of plea-bargaining in situations where the ghetto resident 'knows' he is innocent," and the absence of an effective remedy when the ghetto resident has been induced to purchase useless items by 'high-pressure salesmen,' which he later discovers he has no use for, has contributed to a disdainful attitude by the minority community. The black community feels white attorneys are not putting forth their best efforts in representing the community's real interests. This attitude has been reinforced by years of a lack of active concern for the protection of the economic and personal interests of the black community by the white legal profession. The misunderstanding has also infilled in "young Negroes a common distrust in the practice of law." Many see the law in white police and white judges using white law against blacks. In order to build faith in PARTONE 1969-70 academic year. These militant or inclined to espouse revolutionaries. After all the students compirse about two to revolutionary means, believe that Virginia colonists had, in the four percent of the total number no meaningful change can be name of liberty, once abolished obtained through the legal system. the legal profession. The lawyer of thenation's law students. In the effort to provide This belief transcends color lines. depends upon precedent and my many own work as lawyers have been the equalrights and opportunities In the course of for Negro citizens, there are a Civil Rights lawyer, I have devoted servants of the rich and heavy responsibilities and observed effective and forceful powerful. Some have aided in burdens for lawyers to carry. change throughout the legal devising the techniques and procedures of oppressive These can be best met by a system. Most of these changes Bar which includes Negro were made by lawyers. Therefore, government. Many all too often lawyers in significant I believe that those individuals have been over-concerned with n embers, for it is those operating in the legal process can making a living. For the Black effect meaningful social change. 1 lawyer making a living had been lawyers who most clearly understand the problems and believe Civil Rights lawyers are difficult and onerous. Only few difficulties faced by members forceful and forthright, militant had major opportunities for constructive social action. but not revolutionary. of the Negrocommunity. The purpose ot this comment Professor Quick: It is true that We cannot forget, however, is to provide a forum of ideas in many have attacked lawyers as that Black lawyers such as Charles William Hastie, Houston, format of being the the interview defenders of the "status wherein black professionals having quo" with all its injustices and Alexander Looby, Andrew expertise some and pronounced inequities. It is also true that Ransom and Thurgood Marshall views can express themselves on many of the younger militants led the fight for economic and the subject of legal education of have attacked all Black persons social justice. Judge Trammell of minorities. that have seemed to have attained course, there is some justification A Dialogue-Interview with even a small measure of success for young Negroes feeling this Charles E. Donegan, Charles W. under the system. It is significant way. They feel that they are not Quick, Ruth V. Washington, and that during the Detroit riots of part of the system. Because the Wilbur P. Trammell. Prior to his the sixties, Black businesses were black lawyer has only the tools of appointment as Assistant deliberately set afire by the the structure within which he Professor of Law at the State arsonists. The seemingly works, he is not always successful University of New York at purposeless destruction resulted or is not successful to the degree Buffalo School of Law in 1970, from an acute frustrationwith the that the black client feels that he Charles E. Donegan served as Staff system and the belief that there should be. The black client thus Attorney of the NAACP Legal must be total destruction of the concluded that the lawyer is Defense and Educational Fund present economic establishment if supporting that structure. What he from 1967 to 1969. Charles W. some semblance of justice and is in fact doing is trying to work Quick, Professor of Law at equality were to be attained. within that structure to bring University of Illinois, College of Those who attacked the lawyers some change for theblack people. Law, served as Fulbright Lecturer, did not consider the immediate Ford Foundation, at the results if lawyers were abolished. The Need For More Black University College of Tanganyika, They had not planned an Lawyers E. Africa from 1963-64. Professor alternative to the existing order. Quick has had over thirty years Now, however, the cathartic rap Interviewer: One commentator teaching experience at sessions have begun to cease and has said that "literally thousands predominantly white law schools. many of the same revolutionaries of blacks must be graduated from Prior to her appointment as one are examing solutions, plannig law schools before proportionate of a three-member panel as alternatives. They are beginning to representation in the legal profession can be approached." Commissioner of the Workmen 's realize that for an indeterminate Compensation Board of the State period, whatever the future, Are the law schools of the of New York on January I, 1968, technically proficient lawyers are country presently prepared to Ruth V. Washington served as an a necessity. meet the challenges of getting advisory and litigation Attorney It is true that lawyers work more Negroes into their doors for the Solicitor General's Office, within the system but over the with a determination to prepare U.S. Department of Labor, from last 60 years lawyers and them for the study and practice of 1954 to 1957. Before his especially Black lawyers have been law? appointment as Associate Judge working to change this system to Professor Donegan: I heartily for the City of Buffalo on accord more justice and agree with the statement that the I I ! -I" law schools must turn out literally thousaands of black law school ' Statistics show that about one percent of the law school's population and the nation's legal profession is comprised of blacks. This deficiency must be rectified. The State University of New York the law as a neutral force that handles all people alike and at Buffalo School of Law has made a start in its own efforts to provides adequate legal representation for minorities, this need must be met. However, the task is not easy. It will require a major effort by both Northern and Southern law schools alike. One has only to examine the paucity in numbers . graduates to meet the need for more black lawyers. Moreover, I emphatically feel that the law schools must be prepared to meet this challenge. Realistically, I know presently that they are not. rectify the situation. The school has increased the number of minority freshmen law students from 9 in 1969 to 37 in 1970. I wish others would follow U.B.s lead. Nevertheless, at this time, opportunity to all. Many there is a woeful inadequacy in dedicated Bla lawyers as well as our nation's law schools as far as their socialh conscious white the needs for black conferees rave labored meeting lawyers. unceasingly ameliorate the Quick: Until recently social and ec rnic injustices in Professor few non-Negro law schools am especially the system. any major interest in the showed by heartened work of socially of Black lawyers. This is conscious la vers in extending training no longer true! Every major law the bill of ri: ts. Moreover, most school has during the last five of the law s ;iools with which I years inqugurated a program for have been connected have adopted the ideal of training recruiting Black law students. The social engine. l rather than legal list includes such educational giants as Columbia,Yale, mechanics at iliese new social Michigan.Harvard, Chicago. Illinois, New engineers ai nnging about a York University, UCLA Stanford, "revolution' the courts, a and even such prestigious revolution 1 in the 30's to southern private schools as Duke -as of justice and and Miami. Even implement ti southern state equality. schools have made special efforts I can und und, however, the to attract Negro applicants. A initial shock d distrust of the measure of present interest and William Lobbins meeting with minority students (left-right) Jame Brown, Charles Davis, Ronald Cunningham and Yvonne Lewis. December 31, 1967, Wilbur P. Trammell served as Assistant of minority lawyers. The Corporation Counsel for the City estimates given for the number of ofBuffalo from 1958 to 1959. Conducting the black attorneys range from 2,000 to 5,000, comprising only one to interview-dialogue is William C. two percent of all of the nation's Lobbins, a black second-year UB attorneys. Black attorneys law student. The date is comprise two-tenths of a percent November 4, 1970. of the black population as INTRODUCTION compared to two percent of the white population of this country. What this means is that for every Interviewer: A commentator black attorney, there are about noted "young Negroes often view 6,000 minority group members. Negro lawyers as 'Uncle Toms' For every white attorney, there trained to perpetuate the status are about 600 non-minority quo while being poorly regarded residents.(see table on opposite in addition." Do you feel there is any justification for this page). The number of minority comment? students in law schools has been Professor Donegan: I feel the extimated to be 2,154 in the young, particularly those who are William C. Lobbins is a second-year student at the State of New York at Buffalo School of Law. He is a member of the Buffalo Chapter of University Black American Law Student Association (BALSA) and served is the organization's President during the 1969-70 school year. the concern is indicated by the fact that the University of Mississippi in 1969-70 had twenty-three Black law students. Indeed a substantial number of schools have cooperated in the Council of Legal Educational Opportunity (CLEO) program. These among others have combed Black college campuses for students interested in making law a career. Thus few, if any, such campuses have not been visited by representatives from national as well as state law schools. Moreover, I know of no successful CLEO student that has not been able to matriculate at some accredited law school. Most northern law schools,like Illinois, have for several years provided "Equal Opportunity Scholarships" to supplement tuition waivers for Black law students. In addition, the Legal Defense Fund of the National Association for the Advancement of Colored People (NAACP) administers the Lehman fund which provides substantial grants to southern Blacks wishing to attend southern law schools. This has been a revolutionary, if recent, turnabout in legal education, but I think I can safely say that qualified Blacks are now seldom barred from attending the' major law schools by reason of lack of economic resources. Let me emphasize that though thisis a recent development for most schools, in the fifties, Chicago, Yale, Columbia, Harvard, and New York University had special programs. It is true nonetheless that many law schools have inadequately funded programs if a mass legal education program is to be attained. The funding program in many schools must be continued and expanded. In all but the richest, funds are beginning to tighten up even CLEO is on shaky financial grounds. Renewed activity is needed in finding new sources for funds as well as to encourage continuationof present - help. Mrs. Washington: I feel that there need not necessarily be proportionate representation, if you're speaking of the number of Negro lawyers as compared to the number of Negroes living in the �March 19,1971 community in which they practice. I have found in many instances that Negro lawyers do not have Negro clients. Negro clients will go to the white lawyer. This is a very sad thing. We should have more Negro lawyers in big businesses. We should have more Negro lawyers as house counsels for the various corporations. If that is what the statement means by proportionate representation of Negro lawyers, then I'm for it; but if it means proportionate representation in terms of clients, then this does not necessarily mean that you should have one lawyer for every fifty persons in the Negro community. Judge Trammel]: I am most familiar with the State University of New York at Buffalo School of Law. I understand the school has been multiplying its efforts in recent years to increase the number of black students. The Negro to enroll more black students. Moreover, this failure has given rise to a paucity of Wack clerks, probation officers and investigatory officials, greatly' affecting the entire law enforcement area. The Black Law Student Needs GrantsNot More Loans Interviewer: What factors impede recruitment of black students? What method or methods would you favor to get more Blacks into law schools? Professor Donegan: Obtaining a legal education is so expensive that it is almost prohibitive as far as black law students are concerned. This is the chief problem. Blacks, moreover, due to racism and segregation in the entire educational process, have frequently not been adequately prepared to succeed in law school problem seems to one of numbers. which is designed primarily for In the City of Buffalo, which has students of white middle class a population of about 500,000 backgrounds. Black lawyers have persons, there are ten black been frozen out of the economic practicing attorneys of which four mainstream of our society for are University of Buffalo years. For example, black lawyers graduates. This is due to the have had considerable difficulty failure of the nation's law schools gettingjobs from prestigious large THE OPINION white firms. And, when engaged private in practice, they have been met with clientele who for the most part have not been able to pay adequate attorney's fees. This has not enabled them to enjoy a moderately, comfortable livelihood. Moreover, the black The figure of 6,000 is arrived at by dividingthe estimated number of black attorneys (ca. 4000) by the latest 1970 U.S. census projections of the Black Population (ca. 24,000,000). These figures The Mowing comparative 5 should begin with their own campus. Contact state and local bar associations Black organizations; Conference of Black Lawyers, National Bar Association; check with CLEO; include Black colleges on their recruitment visits. practitioner has not enjoyed the In planning, a Black law same status as his white professor would be of counterpart. These obstacles must immeasurable assistance. This be overcome if we are to would seem to be obvious. While commence or seriously consider a not absolutely necessary it would significant drive to recruit more seem to be obvious. While not blacks. absolutely necessary it would Professor Quick: Those seem to be a first order of johnny-come-latelys that are just business. To the prospective Black getting into the act must realize law student it would seem some that they must provide more than measure of sincerity. minimum monetary assistance. Mrs. Washington: If this question The Black law student has been suggests that law school economically deprived. His major qualifications should be lowered need is financial. By the time he in order to graduate more Negro has graduated from college he-has students, then I am certainly not mortgaged his future by loans. He in favor of this. Of course, if the needs not more loans but grants!! standards are lowered merely for He also needs, of course, an admission and Negro students are atmosphere in which he feels given tutorial and remedial welcome. [(Parenthetically it may advantages to enable them to help if he sees some Black attain the level of the qualified professors on campus).] white students, I am in acccord. It goes without saying that the In concert with efforts to increase law schools must publicize their the number of Negro students, desire for Black students. They they must be assured that there is , Association members at the 45th annual Association in New York July 2125197, - «=_W4asr_s__aa! Thf^Zd .!?'^ 'J " census; lawyer figures are from the Journal of American 0 0 49 N 66 P ge 92 F!,b n,ary „ °VK,' „ and lawyers were The statistics as to the number of black judges obtained by questionnaire survey from the Governors of the 50 states and from individual inquiries from the National Bar Judge Trammel): Increasing the number of black students involves problems of space cost, student cost, and personal maintenance and supplies. To assist the black student, I would suggest direct grants. If we look upon shortage of black lawyers as a failure of legal education in the past and understand it as a temporary emergency situation, emergency steps can be taken much as we did in World War II to subsidize specialized training. The individual grant-in-aid method is just such an effective emergency remedy. Successful black lawyers should assist minority students In law schools throughout the nation. Through their contribution they can fulfill their own personal destinies. I would hope that such efforts would see the creation of a fund to assist minority students. Criteria can be made to rest on factors of needs or merit or a combination of both. However, there is no pat solution to a problem which has been with us for so long. Meeting of the ___^__r^ss_S_s SgeTlaw ; C chart records the number of black ' ' - a market for their services once they have completed law school. °mpanies SSaSsSSSr**™ —_■■»__—w. Accordine the American Bar Foundation there are more than 317.000 attorneys in the United States. The National Observer December 1969, at 26, Col. The total US popu ation according to the 1970 census projection, is expected to be _. 205,600,000. 1, '° 1. - JUDICIAL COMMITTEE REPORT JULY 24, 1970 BLACK LAWYERS AND JUDGES, IN THE UNITED STATES ACCORDING TO U.S. CENSUS 1960 POPULATION, AND AMERICAN BAR ASSOCIATION CENSUS OF U.S.LAWYERS POPULATION. State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana lowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana State Black Pop. 3,266,740 226,167 1,302,161 1,786,272 15,717,204 1,753,947 2,535,234 969,255 3,100,689 5,148,578 7,823,194 3,413,864 2,178,141 4 319,813 6.74,767 U.S. ' No. of No. of Black Black Lawyers Lawyers Judges 980,271 6,771 43,403 388,787 883,861 39,902 107,449 69,688 446,292 4,951,560 3,943,116 632,772 667,191 10,081,158 4,662,498 2,757,537 2,178,611 3,038,156 3,257,022 No. of Pop. 2,712 198 1,693 1,789 22,798 3,635 4,002 514 880,186 1,122,596 4,943 1,502 1,037,470 269,275 25,354 91,445 215,949 7,801 4,824 482 683 19,045 4,757 3,596 3,013 3,353 4,217 1,038,207 3,318 518,410 111,842 717,581 22,263 990 5,301 10,443 9,464 915,743 390,853 1,467 24 1 2 10 373 10 26 3 60 30 1 1 667 56 15 30 22 27 0 32 50 250 4,787 14 2,201 7,501 23 64 1,031 1 1 0 1 New Hampshire New Jersey New Mexic 0 15 New York 2 3 1 2 North Carol,na North Dakoi Ohio Oklahoma 3 0 0 26 Oregon Pennsylvania Rhode Island 2 2 2 4 2 0 5 3 15 South Carolina South Dakota 1 0 6 0 State Nebraska Nevada Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Dist. of Columbia United States Total U.S. Black Judges '.. ■ i Cited from 116 Cong. Black 1,411,330 285,278 606,921 6,066,782 951,023 16,782,304 4,556,155 632,446 9,709,397 2,328,284 29,262 13,484 1,903 514,875 17,063 1,417,511 980 50,204 1,116,021 777 786,097 153,084 18,133 852,750 3,637 742 15,535 4,829 2,657 12,319 Pop. 1,768,687 11,319,366 859,488 2,382,594 680,514 3,567,089 9,579,677 890,627 389,881 3,966,949 2,853,214 1,860,421 3,951,777 330,066 No. of Pop. . Rec. E 7996 (daily cd. Sept. 2, No. of No of Black II k Lawyers Lawyers 2,358 441 647 9,460 18,332 829,291 1,114 1,070 1,896 760 586,876 1,187,125 4,148 4,251 14,022 1,151 496 519 816,258 48,738 89,378 4,758 3,907 1,809 6,231 74,546 2,183 497 12,693 214 1970). In 1968 only 506 black attorneys were practicing in the eleven southern states that seceded from the Union. Breaking this down even further, one finds that certain southern states reveal even more There is one black attorney for every 41,700 black people in Alabama and astounding statistics one white attorney for every 670 whites, indeed, these current statistics demonstrate tittle difference twenty five years ago. Accord, Comment, supra note 5 at 640. from statistics of Judges 5 4 0 65 0 650 70 0 416 16 9 0 36 7 141 2 11 0 35 95 1 14 1 1 1 I 0 103 20 8 18 1 411,737 503 763,956 179,323,175 18,871,831 288,336 3,845 19 Courts Total U.S. Black State 2 0 18 2 0 10 3 2 0 0 3 3 1 0 0 6 195 �Course Comment Statement Of The Concerned Law Students For Peace Women And The Law by ProfessorKenneth Davidson In all courses, March 19,1971 THE OPINION 6 I hope that all members of the class (including myself) will be stimulated to thought beyond what is contained in the materials. This is especially true in social legislation courses such as Women and the Law. To be sure there is much material to - learn the laws that discriminate against women, the laws that discriminate in favor of women and the laws that protect women against discrimination; but if the students or the course were to stop there it would be of little value. The basis of a course on the legal status of women, rather than on the operation of the course a Equal Employment Opportunity Commission, is an assertion that "knowledge" of constitutional law is not enough. Understanding of the process or how to use constitutional theory is the prerequisite for formulating arguments. If the problem concerns agency functions, the procedure must be well understood before it can be shown that the substantive law needs to be changed, the procedure should be changed or the agency given more money. Like my course in Social Legislation, the subject Women and the Law is determined by the nature of the problem. History, economics, Since its inception in the days following the U.S. invasion of Cambodia, Concerned Law Students for Peace (CLSP) has continued to grow both numerically and in the scope of its concern. is available. CLSP has more requests for assistance than it can handle. 'Most involve only a small commitment of time and effort in return for an educational experience coupled with the satisfaction of Increasingly, the organization knowing that you are doing has been approached by something worthwhile. individuals and groups to The next meeting of CLSP provide assistance in legal is open to all those who want problems. The common to help. To accommodate the expanding role of the organization, CLSP recently held a reorganization meeting. Bob Wall, Sally Mendola, and Brian York were chosen as temporary chairmen and chairwoman. They will direct the activities of the organization until election of permanent officers in April. denominator in these requests assistance is an attempt to make the legal system work for those in our society whom it now seems to work against, for the poor, political activists, for criminal law, migrant workers, prisoners, homosexuals, constitutional law, contracts, mental inpatients, administrative law and procedure students, and others less current law does not operate so as are the tools. In judging the favored by society. Any to afford women rights to which constitutionality of an abortion freshman law student can they are entitled. Such an statute it is relevant to some discern quickly how the law assertion is of course a highly courts that the law in question favors certain classes of our subjective statement as to what was passed at a time when the society. What can one man do is a those rights should be and a part dangers of death by infection of the course must be an from abortion were greater than favorite question of persons examination of rights and grounds the dangers of childbirth. In concerned about these for rights. The assertion is also a proposing amendments to the problems. If you really want to Lively Discussion at a recent meeting of the Concerned Law somewhat less subjective claim, Unemployment Insurance System, do something, the opportunity Students, that is, it is a claim that the legal so as to include women on system has certain imperatives maternity leave, it is important to concerning rights and these know who pays for the insurance imperatives are ignored in the and how the payment is computed. treatment of women. The essence of the course then Integrating contextual material There were many projects initiated at this city councilmen, and numerous members of the concerns change, but before with legal problems often does school last May to help end war and repression. practicing bar. change can be proposed three not resolve the issues, but usually However, few have survived the test of time. This semester the Observers corp will be things must be determined: what helps to narrow them. When Legal Observers is one project that not only active again during the many projected activities is wrong, what are the people start with different exists, but thrives due in large part to the of various groups throughout the city. In light alternatives, and what is desirable. prejudice the introduction of data support of the Freshman class. of the success of the program, and the It is not only necessary to know can only show the fight is over As most readers may recall during the Fall projected expansion in the near future the Legal how laws discriminate against value judgements. On the other Semester, the Observers were organized to Observers request that any student who is women, but to find out the hand when people have similar provide competent trained Observers of any interested in participating in the program contact justifications for the particular values such data may provide public event. The Observers Corp was financed Dick Rosche in person or by placing a note in treatment to determine if such resolutions to conflicts. A lawyer and since its initial assignment, Observers have tethe Concerned Law Student mainbox in justification was or is still in his various roles is required to been represented at over 25 separate events' the Shirley's office. relevant, ff an attack is based on do both narrowing and resolving most significant being the arrest of one Those veterans who have participated in the constitutional rights, of issues. Observer. Since that time, the Observers have program, please check the Legal Observers roster become a functioning public service organization in Shirley's possession to correct any mistakes with the active support of a county judge, two or changes of address. sociology, Legal Observers Are Alive And Well Alumni Boost Moot Court At the Law Alumni amount of the Alumni support. Association Executive Unlike the Law Review which Committee luncheon held on has a place in the budget, F rid ay, February 19, the Moot Court does not have a Executive Committee approved place in the budget. In the financial support for the Moot past, monies came from the Court Program up to a S.B.A. and the University maximum of $500 on the Sub-board which supported the condition that their Regional, Niagara, International contribution would be matched and the Desmond Competitions. by the University or the Law Mr. Philip J. O'Shea, President School from budget or private of the Law Alumni Association, funds. The reason for the indicated he hoped this grant matching grant was a concern would be of help to the Moot that funds hitherto provided Court Program and help foster would no longer be made greater communication between available or reduced by the alumni and students. Pollution 1899 act. "The Attorney General," Reuss said, "whose sworn duty is to enforce law and order, is a scoff law where water pollution is concerned." And in a statement that turned one of the Nixon Administration's favorite tactics back on itself, Reuss declared: "The Justice Department is quite willing to enforce the law against the occasional polluter, but not against the big corporate polluters who continuously violate our pollution laws. It is this type of ragged enforcement that breeds contempt and disrespect for the law." Reuss and the Subcommittee be heads have also been active in forcing the Corps of Buergenthal Named To Panel the State Thomas Buergenthal, professor of University at Buffalo School of international law at rapporteur (research co-ordinator) of a Law, has been named permanent study panel on international human rights of the BUFFALO, N.Y. Dr. American Society of International Law. The panel, which will consist of 15 20 of America's leading academic, professional and governmental experts in the area of international human rights, will study the institutions and techniques which now exist for the protection of human rights on an international level and make recommendations for With this issue The Opinion has reached two of its major goals for this academic year. The first was to be able to expand into an eight improvements. adequately serve the law school - The panel is one of a number which the Society has set up to look into varied problems of international law. The work of the panels is supported by funds from the Ford Foundation and other organizations. According to Professor Buergenthal, concern for the protection of human rights on an international level grew out of the World War II experience. Following the War various were set up which the panel will examine, such as Continued from page 3 organizations those in the United Nations, the Organization of American States and the Council of Europe. He said that the panel will look Engineers to revise its into ways for insuring the protection of individual's rights in regulations concerning issuance different countries, and cited the recent persecution of Russian of permits. Perhaps suprisingly writers by the government as an example of the kind of cases to some, the Corps has shown which should be appealable to international organizations. great improvement in the past Dr. Buergenthal, who spent four years in various German' few months, at least on paper. concentration camps including Auschwitz and Sachsenhausen, has And Reuss seems confident written extensively on international human rights and is that they will vigorously considered one of the leading American authorities on the enforce their new standards. The basic problem in the entire area of waterpollution law enforcement and prevention seems to be the underlying difference of opinion between the Nixon Administration and environmental activists concerning individual citizen involvement. Activists want to increase it; the Administration tries to decrease it. Opinion Expands page paper in order to more community. The second was to increase the circulation of the paper in order to make it more effective and communicative within the national legal community. We hope the delay in bringing out this, the first paper of the second semester, was justified in the increased quality of The Opinion. We hope to be able to publish three more eight page editions before the end of the academic year. One of the greatest delights in working on the paper is the increased communication with other law schools and with the subject. alumni. This month our total He is a member of the Board of Editors of three circulation will be over international law journals: The American Journal of Comparative twenty-one hundred, of which Law; a Belgian Journal on European Law; and a French Journal over sixteen hundred will be to on Human Rights. alumni, other universities, He is a member of the Committee on International Aspects colleges, and law schools, and of Individual Rights and Responsibilities of the American Bar members of the legalcommunity. Association (ABA) which has been responsible for urging the By the end of the year this will ABA to support American ratification of the Genocide have increased to about Convention. The Genocide Convention, which has been referred twenty-five hundred. to the U.S. Senate by President. Nixon, is an international Thank y.ou for your support agreement that makes genocide, whether committed in peace and interest. time or in time of war, an international crime. The United States is one of the few countries that has not as yet ratified this treaty. �March 19,19ri page seven THE OPINION Alumni Association News Briefs Hosts Dinner On Thursday, February 11, 1971, the State University of Buffalo School of Law and Jurisprudence Alumni Association held their annual dinner at the Statler-Hilton. The dinner was attended by past alumni, law professors, January graduates, and present students who saw Philip O'Shea, Association President, present distinguished alumnus citations to Judge John D. Henderson, Roland E. Logel Jr., and William A. Flynn Jr. William D. Hawkland, recently retired Dean and Provost of the State University INTERNATIONAL PROGRAM Law and and curriculum at the law Urging school. at the There will be available in the library a folder entitled International "the new breed" dinner after receiving a special of lawyer to give attention to Legal Studies Programs which will contain information about foreign citation. Dean Hawkland problem solving, he said, "If- summer school law programs for 1971. Anyone interested may look at stressed that the goals of legal our lawyers can't solve the this folder to obtain further information about such programs and education should be to solve great social problems that press institutes, as well as possible grants or scholarships. It is most problems rather than ideas of us, I don't think they can get important that anyone who decides to take part in a program for the moment which appear credit secure approval from Dean Angus or Professor Del Cotto. solved." "relevant." The folder contains information on the following programs: 1. Live and Learn Law in England, Notre Dame Law School Dr. Schwartz presented D can Hawkland*s successor, diplomas to eight graduates Summer Law Program in American and English Law on the campus of Dr. Richard D. Schwartz, also who com p leted their degree Brunei University at Uxbridge in the suberbs of London. spoke to the guests. After requirements last month. They 2. Summer School of Law in England on the campus of the paying tribute to his were: Mr. O'Shea Jr., Julio University of Exeter, The College of William & Mary in Virginia. predecessor, the new Dean G 3. University of Houston Summer Harvey Eric ofLaw in Mexico at the arcia, Kerness, invited all lawyers in the Aussman, Irwin Sandler, William School of Law of The University ofSchool Morelos in Cuernavaca, Mor., community to contribute ideas Neff, Joseph Mexico. and Peter Hodan, and comments about programs GUfillan. 4. Study and Travel in Africa 1971, The American Forum for of Buffalo School of Jurisprudence, spoke International Study. 5. International Institute of Human Rights, Strasbourg Topic: Racial Discrimination and Human Rights (see Prof. Buergenthal). 6. The Hague Academy of International Law. 7. Institute of World Affairs, Inc. (see Miss Girth). - STUDY LAW IN ISRAEL The American University School of Law will repeat its successful summer program in Israel in late July and August, 1971. The program is open to advanced law students, members of the bar, and interested graduate students. The cost total $990.00 of - includes: round trip Tel Aviv, four hours of tuition (an transportation New York additional two hours may be arranged), transferable to U.S. universities, lodging and meals, plus visits with the judicial, legislative and administrative tribunals, and several sight-seeing trips. Time for free travel will be available. The courses "Current Issues in International Law" and "Comparative Law of the Middle East" will be taught by a distinguished faculty from America, Israel and Europe. A deposit of $50.00, applied against the total cost will reserve a place. Send deposit the information to: or write for further Director Drawing and Display on pollution created by librarian Jan Thompson. Itis located on the third floor of the library on Eagle Street. Law and Policy Institute Abroad The American University Law School Washington, D.C. 20016 Continued on page 8 Notes Frown Elsewhere by Mike Montgomery Osgoode Hall, York University, Ontario Obiter Dicta Anachronismand Reaction The situation of the Canadian law student is rather different from 'that of his American counterpart. Both sets of. putative barristers suffer from an overabundance of their competing fellows and from a relative diminuation in available positions upon graduation. North of the border, however, the Legal Establishment conjured up long ago a system for plaguing fledgling lawyers which, like the poor, Spiro Agnew and Pierre Trudeau,is still with us despite its anachroniety. Once he leaves Eagle Street, the U.B. graduate has "only" to pass the Bar Exam and explain his traffic tickets to the Professional Ethics Committee in order to gain entry to the only Bar he ever had difficulty in entering. When our opposite numbers leave Osgood, they must enter an apprentice program called "articling" with a law firm for one year, at poor wages; thereafter take a Bar Admissions course for one year, offered only in Toronto; thereafter take the Bar Admissions Exam administered only in Toronto. Not only does this system prolong the gestation period for Canadian lawyers, it prevents many aspirants from reaching their goal simply because there are not enough articling positions open in Ontario (specifically in Toronto, for obvious practical reasons) to accomodate the demand. This situation is aggravated by a growing tendency among Ontario law firms to fill positions previously allocated to apprentices with clerically trained office workers who tend to be more accurate and stay longer than the law graduate. They also have better legs. - All of which has lead to a possible solution being implemented at Osgoode, as reported in the Obiter Dicta, an interdisiplinary rather than strictly professional approach to the study of law. This Toronto area law school's program for expanding its curriculum allows students, at their option, to pursue a wide range of courses at the University on the graduate level, completion of which constitutes credit towards graduation. Since the Ontario Bar requirements are such that the field of available legal positions seems to be diminishing, the innovative program, withits opportunity to obtain a more varied background than is usual, may help in preparing law Crystal Beach or Niagara on students for legal-typejobs in business and in government. 111 and get worried. Remember George 111 ? Remember George 111 and the American Revolution? Remember the writs of assistance, those obnoxious missives endowing blanket powers of search and seizure upon whomever bore them, against whoever they please? Wouldn't Mike Amico like to have one? Welt, if he was a member of the RCMP he could have one (Nelson Eddy and Jeannette MacDonald singing "Rosemarie" in the background). Most of us should remember Prime Minister Pierre Trudeau's invocation of the War Measures Act giving him powers of censorship and incommunicado imprisonment held by no U.S. President since that great libertarianAbraham Lincoln. It has been assumed by many in both the U.S. and in Canada that the extraordinary powers used by Trudeau in the last five months were unique to the WMA and would cease when he allows the act to elapse (if ever he does, in toto). Suchis not the case, however. The writs of assistance, give government officials the permanent right to search without warning anyone and any place for anything for any cause, or no cause at all at the holder's discretion. The same writs which enraged Sam Adams and a few other longhairs enough to stage a funky tea party in Boston (the Charles River is still brown) are stillaround north of Buffalo. 1,000 of these There are estimated to be 600 handy items with the RCMP (maybe J. Edgar will get the idea) and they can be used for anything from narcotics busts to searching your car trunkafter the Custon's men at the Peace Bridge have let you through. Dave Walker, a political scientist formerly with Canada's Minister of Justice, wrote in Obiter Dicta: " .law enforcement agencies are convinced that it is impossible to achieve law and order without them. It cannot be forciblyargued that the amount of goods claimed, especially in drug raids, warrants the destruction of property and the temporary suspension of an individual's rights." There is nothing so permanently damaging as a "temporary" measure. So, if you see Mike Amico wearing a red jacketand Smokey the Bear hat waving an embossedsheet of paper, or hear booted feet outside the door of your cottage in . - the Lake, Cleveland State College of Law, Ohio remember George the Gavel Minorities. It is hardly surprising that the U.B. Law minority students program is not unique. The Gavel of Cleveland reports that they too are considering a program to seek out students from disadvantaged groups who show a reasonable capability and possibility of succeeding in the study of law. Not now, though. Maybe next year. There seems to be a bureaucratic problem, with a number of university committees expressing general committment without actual implementation. The Law College's own committee has one student on a panel of five professors. Tokenism on top of tokenism? Revised admissions procedures for the program are vague, but the chairman has definitely rejected the lowering of admissions standards outright.. We Remember But Who? Those of you who can think past the last tax or contracts exam may remember last spring's disturbances both in Buffalo and throughout the country. Cleveland may be in the same university system as Kent State, but it is hard to discern which side they remember. Big ad on the last page: SUPPORT YOUR LOCAL POLICE. - LSU Schoolof Law, Louisiana The Civilian Police Rider Porgram ÜB's Prisoner Release Program and Legal Aid Clinic are two fine examples of law students working in the areas of criminal and civil law. LSU has come up with another possibility. This is a Police Rider Program co-sponsored by the Baton Rouge Police and the School of Law. This two semester program will involve students riding 8 hour shifts with patrolmen in high crime areas, along with work with plain clothes detectives and juvenile counselors. �March 19,1971 THE OPINION 8 Sports iooooooouu' wit inoouuoonjoorinn nonnnnnrnnnnnoorimr i hum J. ALLAN SPENCER'S "FURTIVE FABLES" GEARED* TO THE YOUNG AT HEART AND ALL OTHER DARING,I DASHING, AND DIABOLICAL DO-GOODERS. Law Captures City Loop Title by Alan Snyder Lead by John Chancy, theLaw surged back from a thirteen point deficit at halftime to defeat the Pici's 85-81 for the Buffalo City League Championship. Cold in the first half and down 42-29, the young lawyers out scored their opponents 28-13 in the third 0 B A "Immediate surgery!" cried Percival the Bold (J.D..M.D.), "that noxious noise must be made null and void. It's clearly against public policy." . j ] "But, but..." stammered Farmer SAM, "can you assure me that you won't butcher my beautiful bovine in the process? Its milk has \ won a plethora of prizes and has been a boon to my once barren bank j quarter to take a lead they never account. Besides that, I kind of like that vibrating, VERDANT, sound relinquished. Chancy scored it makes .so soothing and satiating to my senses." twenty one of his game high "Just as I thought," thought Percival, "he has become hypnotized | twenty nine points in the second by that noxious noise. I may need the desterous assistance of his [ half as he went 11 of 12 from the delightful, but DEAF NEICE, J USTINA." foul line. Charley Davis, strong on Appraising the possible danger it might be in, that belligerant the boards, chipped in with bovinebellowed one of its mostvocal verdant vibrations. twenty one and Tony Masiello threw in fourteen. Farmer Sam, now completely captured and enraptured by the In a tough semi-final game sound of that capricious sow, peered at Percival with a defiant glean in earlier in the week, the Law his eye and exclaimed: "I want to make this perfectly clear. If you Kneeling (left-right), Terry Championship Basketball Team nipped the Robe's 83-81. In a come one step further toward my beautiful bovine, you'll be in Jerry Solomon, Norton, Dwayne Griffin, game marred by poor officiating, Conners (CaptJ, Mike imminent danger of numerous intentional torts!" Standing (left-right), John Spadafora. Steve Terry Conners with twenty-two Richard Clark, Ed Gayles, Percival, undaunted but perplexed; decided that it was time to put Norton, At Snyder, Charles Davis, Tom points led a balanced scoring Larson (Coach), Bruce forth his potent power of persuasion in an attempt to reason with attack seeing all five starters in Darmele, Lee Ginsberg, John Chancy. fanatically flustered Farmer Sam. double figures. Masiello had 18, Rich Clark, Lee Ginsberg, Alan the team threw his into the "That noxious noise is onerous to all the other farm animals," Bruce Norton, 17, Cheney, 17, Snyder, Tom Parmallee, and Jerry shower with his copy of the brand and Davis, 12. Chancy came off Solomon. new best-seller "How to Use Your pleaded Percival. "Your obsession with that obnoxious noise has the bench with four fouls to break caused you to negligently neglect the other farm animals and your Sports Shorts: Coach of the Timeouts" by Red Aurbach. an eighteen all deadlock by Year Rich Clark attributes his farm is falling into disaray. The stench from your unkept farm is a (who Steve Larson scoring his team's last five points. moonlights by teaching Criminal success in committing personal notable nuisance to the farmers around you. That noxious noise must Other members of the team are Procedure) wept unashamedly as fouls to many hours of studying be destroyed! You can keep the cow but that noise must come out M_^_B«_i_^_H<«--U_g_________fc ■ T game movies of Alan Snyder. now!" Bruce "Gramps" Norton, was Unfortunately, (sigh!..) Farmer Sam could not be reasoned with outstanding for his play on the and just as he was about to follow through on his threatened court and under the table. Tom Parmalee was very impressive in intentional torts, His neice, Justinia, who was deaf and unaffected by i the quarter finals but ravished on the bellowings of the bovine, clamped a pair of furry earmuffs on her thebench playing pitch with Jerry UNCLE who immediately became quite friendly toward Percival, \ Solomon and telling the ref to although verbal communication was somewhat of a problem. swallow his whistle. With the "That sordid spell has been snapped," shouted Percival, "but I feel ! season over, Terry Connor's myself surcombing to the influence of that ever constant, ever present, \ up contract was picked by Peggy lever enticing verdant vocalization. We must act fast!" who was scouting him all season. Sensing that its position of prominence on the farm was The Shysters, composed of many J threatenedand that Farmer Sam was now in league with Percival, that of the same ball players, is ( calculating cow saw that its only hope was to slip into the mucky mire battling in the playoffs for the U.B. championship. The team of mud where it could hide until it could bring Farmer Sam underits would like to express their thanks spell once again. As the bovine turned to surreptitiously slip away, Percival (a to the students and faculty who came to cheer them on, especially plucky lad) collared that calculating cow and with theadditional aid of Professor Kenneth Joyce, and Farmer Sam and Justinia managed to muffle its mobility through the Charles Davis jumps for the hall and the Law is on their way to Greg Stamp, whose utterances far use of a rough rope which was wrapped around the cow's squirming i above the crowd noise were at the championship. j limbs. times more interesting than the Appreciating its predicament, thebound bovine screechedits most action of the court. GREENISH squeal attempting to bring Percival under its spell. Although slowed by that sensuous squeal, Percival did what he LSAW SCORES knew he had to do. The small sharp scalpel flashed in the now brighter sun. With ADMINISTRATION Farmer Sam and Justinia holding that bellowing bovine, Percival Continued from page 7 reached deep into the cow's thumping throat to that dark organ from GRADUATION REQUIREMENTS Law Students Against The whence came that sordid squeal. War (LSAW), a national A swish of the blade and the organ was obliterated. Graduationrequirements of the Faculty of Law and Jurisprudence coalition of students from over "You can remove thoseearmuffs now," sang Percival, the Bold in for the awarding of the JD degree are the successful completion of 72 60 law schools across the crisp a and clear proclamation of victory. credit hours, as established by the Court of Appeals. Where any course country, recently charged that They untied the now harmless and quiet cow and released it from unsatisfactorily completed, including required is course, the student the Nixon Administration is its temporary bondage to take up once again its proper place in the* may if he or she wishes repeat that course on an overload (ie. take purposely violating both the farms fruitful fraternity of fauna. more than 5 courses) to wipe out the U. letter and the spirit of the Percival and Justinia looked at each other with knowing smiles asa The professional Program Committeehas approved the granting of Church-Cooper Amendment. they listened together to the sweet soundsof silence. 1 credit hour for a limited research project (3-4 weeks) satisfactorily x completed under the guidance of a cooperating faculty member for These charges, accompanied students who were enrolled in the 1969-1970 Freshman class. This by a petition urging the optional offering is designed to enable the present Juniorclass to take adoption of McGovern's a total of 81 credit hours so that 3 U's in 3 credit courses will not give Vietnam Disengagement Act (all them less than the 72 hour requirement. A written approval must be troops out of Vietnam by Cambodian units. And Administration and the' obstained from the consenting faculty member and delivered to the December 31, 1971) and calling with we see a situation vastly military," it issued a call for Dean's office to initiate such a program. for immediate and open yet, different than that which we "urgent and open Senate program counterpart for Juniors is the to that allowing hearings, on the rapidly This are told to believe." hearings to audit and make Freshmen to receive 1 credit for the successful completion of the Legal escalating war which now view of what the LSAW public the full extent of In Bibliography course. encompasses all of Southeast calls "the bad faith and American involvement in Asia, are being distributed in Southeast Asia." law schools and universities affrontery exhibited by the throughout the nation. SOCIAL SCHEDULEFOR SPRING The students are attempting, The Opinion is now soliciting feature articles of a legal, Mark Parrel], Social Chairman, has announced the following through peaceful means, to social, or political nature. These should be approximately schedule of events for the Spring Semester: persuade the Congress to sixteen to eighteen pages in length, typewritten and double Friday, March 26th SBA "Rock Party" possibly outside. demand an accounting of the spaced. The Opinion assumes no responsibility for manuscripts Friday, April 23rd SBA Wine, Beer, and Cheese Party at 77 President's actions. and will not return them unless accompanied by a stamped West Eagle Street self-addressed envelope. All manuscripts will be acknowledged In a statement released on Saturday, May 22nd SBA "YearEnd" Picnic within two weeks. Publication, if accepted, may be delayed January 30th, the LSAW said: until fall. Thereis no payment. Send manuscripts to: "We can no longer put our a President whose trust in actions belie his words. On Editor THE ADVOCATE April 30, 1970, the President The Opinion stated that there will be no 77 West Eagle Street by placing do so may logistic united States air or Persons wishing to order the 1971 Advocate New York 14202 Buffalo, an order at Shirley's office. It is expected that the yearbook will be support. He also stated that there will be no U.S. advisors distributed during the last week ofschool. - , ! . , Hems Briefs -- . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1971-03-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 6 Date Issued Date of formal issuance (e.g., publication) of the resource. 3/19/1971 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/b68750fb71dcfab0f71ee49f9559cb03.pdf 4a7f839a229a3003548d1b6daab95284 PDF Text Text THEOPINION Volume 11, No. 5 UB Grads Pass Bar The State Board of Law Examiners last week announced the names of seventy-two 1970 graduates of the UB Law School who passed the State Bar examination administered last July 30-31. Of the 102 UB grads who took the exam, 70.5% passed. This was a slight improvement over 1969 when 106 took the exam, and 74 or 69.8% passed. Statewide, 1,526 (79.0%) passed out some 1,985 who attempted it. Those passing the exam will receive formal written notice before Christmas. Also announced were the 264 whose foraml certivicatioh will be delayed, despite passing the Bar Exam, because they have neglected to file all required proof of compliance with the rules of the New York State Court of Appeals. names of State University of New York at Buffalo School of Law December 17, 1970 Dean Announces Open Door Policy At an open meeting last Thursday afternoon, Dean Schwartz announced that he would adopt an "open door" policy next fall. Anyone wishing to speak with him can place his name on a sigh-up sheet and have his chance to talk with the Dean. The Dean said to the 30 or more students who took advantage of the opportunity to meet with him, "Students ought to be accorded full order of consideration." He discussed with the students the problem of faculty-student relationship at the law school. The students explained the gap which exists between the actual student participation on faculty-student committees and what would be real participation. To a comment by one student about how the faculty shuts the students out, the Dean replied, "the Faculty does that to me sometimes." The students and the Dean discussed Faculty-student committee ratios. He didn't favor the student suggested 1:1 ratio. He feared the binding effect such a ratio would have on the facully if one faculty member and a united student representation could form a majority. He felt a "2-1 ratio is a good arrangement." He did agree wilh lhe students that committees based on voting might be better than lhe present consensus run committees, and that the final opinion of a voting committee should weigh very heavily with non-commiltee members. Two students described to him the faculty's "Inherent ability" to stack the committees, and the disadvantage this stacking gives the students who do not have the power to stack committees. The Dean declined to comment further on what may be the problem in lhe committees, hut he commented, "stacking may be the mechanism, I don't know." The discussion turned to comments aboul the society at large, where lhe Dean said, "There is something wrong. There are angry voices." He asked the students, "Where do we go from here?" "RIGHT,'' according to pragmatics. " Dean Schwartz, "is a matter of The studenis wanted to go to the question of teaching versus research and tenure. The Dean assured the students that "You know if a teacher is good by asking the studenis." "Sometimes," he said, "a published faculty has a bad reputation as a teaching faculty." "There can be a brilliant teacher who doesn't publish. Criteriashould be shifted." "Right," he said, "is a matter of pragmatics." SBA Forum Hosts Two Speakers Thompson Speaks on Panthers "Man once born has a right lo live; once alive he ahs a right to share the wealth-" one aphorism emphasized in a talk given by Tim Thompson of the Buffalo chapter, National Committee to Combat Black Panther Party, audience of abou4o on December 11. He advocated in essence a class struggle of the have-nots against the haves; of poor Blacks in Black communities and poor Whites in White communities, to educate and organize themselves, to work together and share according to each one's educate and organize themselves, to work together and share according to each one's Thompson countered a questioner alleging Black racism in the BPP by emphasizing that one must judge people by their actions, not the color of their skin anything else being indicative of reastionary attitudes. The present conflict is seen as a class else being Fascism, before an Sullivan on Zionism Palestinean Guerrilla's Viewpoint Appearing in place of the originally scheduled speaker at Wednesday's S.B.A. Speaker's Forum (Tim Thompson of the Buffalo Black Panther organization) were two UB students who spent seven months traveling throughout the Middle East. The students, Don Sullivan and James Berlin, spent their time with the Democratic Popular Front for the Liberation of Palestine as representatives of U.S. left-wing newspapers. The purpose of their mission was to learn first-hand the history, plight, and viewpoint of the Palestinean guerrilla movement. Sullivan and Berlin related that the Palestineans were surprised to discover that "there were some people in the United States who were trying to undeestand the Palestinean viewpoint." They found the guerillas friendly. Mr. Sullivan said thaf'they were willing to share whatever they had with us." In his explanation of the Palestinean viewpoint, Mr. Sullivan said, "The Palestineans make a distinction between Jewsand Zionists. They are not against the Jews as a people, but are against the Zionist philsoophy. continued on page 3 together and work on it. When asked about specific programs of the BPP Thompson outlined the actual or potential development of free breakfast programs for children, free medical clinicwas to contrast it to The Revolutionary People's Constitutional Convention. The - - Continued arrests on trumped-up charges, with little evidence, is claimed, as well as break-ins in indicative ofreactionary attitudes. The present conflict is seen as a class struggle, as a poor peoples' fight rather than a race struggle, racism being a blinding tool to keep poor people divided and at each other's throats. Thompson disagreed with Stokely Carmichael's premise that Black people have to run the whole show in order to get anything done. He is qualified this position, however, by stating that which get anything done. He qualified this position, however, by stating that which Whites (Blacks) develop a good tactic or idea then both the Black and White poor can get rather than live in and be controlled by the suburbs (Black ghetlo-bred cops i" Black gheltos ihe obvious conclusion). Thompson implied that neither the NCCF or the BPP was to be the vehicle directly implementing these programs in the long run. They try to operate by example, helping the community organize and initiate programs, proceeding to deal with the next level of problems once Ihe community can run the first level programs smoothly. Police harassment recurred as a dominant theme of Thompsho's presentation and responses allegedly a nationwide conspiracy to put down the BPP. He said that The Panther's Constitutional Convention was forced from Washington to Howard University and from there to the streets in attempted police sabotage. Panther offices and destruction ofr confiscation the of equipment, literature, clothes, or Tim Thompson Federal Constitution a), was not being implemented for the have nots b). was basically designed to serve the interests of a limited socio-economically privileged class a new constitution must be relevant to the needs of all groups, and must be one that will be implemented. Thompson advocated local control of the police, whereby become involved in its problems and its values. - the food for free programs in Baltimore, breakfast Buffalo, and elesewhere (it might he noted that press destruction or confiscation of equipment, leterature, clothes, or the food for free quantities of firearms and ammunition, which admittedly may be as likely to be found in a VFW post. Despite harassment the movement does not plan lo go underground, as the Weatherman have done. A vanguard can teach continued on page 4 �December 17, THE OPINION 1970 2 Letters To The Editor Editorial To the Editor: Several students in the recent meeting with Dean Schwartz expressed concern about an |i administration-faculty /student communication gap. Certainly the physical separation of the Faculty into blocks apart makes the gap more aggravated than most schools face but this should not be an insurmountable barrier. One of the more noticeable manifestations of this separate-ness and autonomousness is the maintenance of two lounges one for faculty and administration, one for students with almost no cross-fertilization of ideas or understanding between the two groups. buildings two — - What's wrong with the SBA? Lets examine the facts taken from the officialSBA minutes. FACT: Since there have September II been 13 SBA meetings, total time spent 18 hours 42 minutes, total time per seeting 1 hour, 29 minutes, shortest meeting 45 minutes, longest meeting 2 hours, 40 minutes. FACT: Attendance figures taken from Oct. 23rd, the first meeting of the present body, until Dec. 7th show 77.5% attendance for SBA as a body, 86% for the officers, 76% for the seniors, 71% for juniors, and 79% for freshmen. FACT: Only the SBA meeting of Oct. 23rd had 100% attendance. That meeting was also We feel the desegregation of the Prudential Lounge would not be an unreasonable sacrifice lor the faculty to Ihe first meeting of the record. make in the name of better communication. But whether FACT: the above figures are overly optimistic. They do not this suggestion is acted upon or not, we invite, we urge our two meetings where there reflect professors, our deans, and our librarians to make themselves was a failure to raise a quorum. available for informal discussions of mutual problems by Also attendance dwondies rapidly begins. coming and rapping with us in the lounge in the basement at once a meeting What is the solution? Eagle Street. I don't believe that an hour - and a half is time enough to carry our SBA business. Many of the problems are complex. Cooperation from the OPINION THE Volume 11, No. 4 . administration is needed to allow December 4, 1970 Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris Circulation Editor George Riedel Staff: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Michael Montgomery, Linda Cleveland. Reporters: William Lobbins, Richard Rosche. Photographer: Samuel Newman Columnist: Bill MacTiernan The Opinion is published every other week by the student newspaperof of Law, 77 West Eagle Street, 14202. The Opinion is a non-profit University Press at the SUNYAB. Buffalo, N. Y. more time for SBA to hold meetings without conflicting with class time, or meetings should be held in the evening. Another solution is a smaller SBA body. Are six members per class really necessary? The student body by its power of recall may insist upon absolute and faithful attendance. As a last resort, eliminate the conlinuing need for a quorum to carry on SBA business once the quorum has been reached. Yours truly, Michael P. Dyziak Buffalo. It is School organization. Third class postage entered at Buffalo, New York. To the Editor: It was very distressing to hear lhat in response to a petition for more adequate library hours signed by 250 students, there is a proposal to grant 'four additional hours during the week. This is qualified however by the condition that the library be itself are, without doubt, thebest closed Friday evenings, a students. For them, understanding deduction of five hours per week. the labyrinth of legal reasoning is This is most certainly an untenable compromise. not a means, but an end. The specialized resources of A second motivational factor this library cannot be found in occupation is in ones choice of belief that this occupation will any other library in town. Also allow the individual to accomplish because of the current number of worth-while goals. The distinction students, there ■ is a seating between the sterotype intellectual problem at certain times of the as opposed to the sterotype day. Hopefully, longer hours would somewhat alleviate the activist. Of course, there is a third condition by spreading out the major, but unspoken motivation. time during which students can do Job Training by Bill MacTiernan Each day when 1have to force myself to study or to research assignment, doubts arise as some to whether I should be doing this at all. I answer these doubts with the assertion that, "I have to do something." This answer does not seem to be quite the ideal motivation that one would expect of a professional student Indeed, the ideal would be something to the effect that, the practice of law hab been a longtime goal, and the law school being another step toward the accomplishment of that goal, then the motivation for each particular piece of work is the intellectual enjoyment and challenge involved in the assignment. There are several factors which motivate people in their choice of an occupation. (Assuming one has the choice, which is not the case for most men). The first reason might be termed "enjoyment of process." The law students who are in this school because they enjoy the doing of legal work Like Frank Zappa, there still exist theirwork. A statement some of those dispicable anachronisms who are only in it that probably a students did not for the money. My assertion that I am here hours. Since availability of because I have to do something, is indicative of the boundless resource at enthusiasm with which I approach the experience of life. It is also, as in my more serious I will admit moments, indicative of the presence of all three of these motivations, but in a weakened sense. The process is acceptable, rather than enjoyable, the continued on page 3 was make hours, there is a maintenance man on duty until midnight at least three nights a week, and yet the library closes at 10 p.m. I would urge a more reasonable compormise by the administration on thisissue. Judith Kampf Paradoxically, students are ignorant in comparison to instructors only as long as they think they are. When students realize that instructors don't know much more, thet they only induce feelings of inferiority to maintain dominance, that things don't have to be organized the way they are now, student ignorance changes to wisdom as night into day. To the Editor: Terry DiFillippo say instructors exercise to much power over us, the first year I students. Must we be harassed for preparedness in class? Must we be harassed, humiliated, stigmatized, even penalized in grade points for not preparing our work exactly and when our instructors want it? Is not responsibility for passing finals and the bar exam more than enough dominion over us, without such extraneous how powers? Some of our subjugation is our own fault. Too many of us join in the fun made of a flustered student or compete to answer the question he has faltered on. We thereby acquiesce in the instructor's dominant position, expressing our tacit approval that he maintain it. Perhaps we too easily identify with admission to the elite legal profession. Whatever the reason, we should resist the instructors' attempts to induce feelings of inadequacy and competitiveness. These are their methods for dominating. When called on without volunteering our response should not be a servile, "yes, sir, let me read my brief for you," or a self effacing "Sorry, not prepared." The next time I am called on without volunteering, for the purpose of testing my preparedness, my answer will be don't care answer that." "I to I will be contrary for the sake of proving that I don't have to put up with such harassment. Other aspects of our subjugation are beyond our present control. For example, it is sacred policy in our school that instructors have the "acedemic freedom" to teach whatever they wany in their classroom. Overlooked in granting this freedom is that consequently 200 first year students may have absolutely no voice at all in deciding how they will spend their own academic time. Fortunately, not every instructor forges ahead completely oblivious to student desires, but then why do we students not object to those who do? Some of us believe that whatever the instructor is teaching falls under the concept of "basic law", that law which is indispensable to every lawyer. If this is so, then either section A or section B is getting short changed becaues they are nto covering the same materials. Evidently, the range of "basic law" of a subject is so wide that it cannot all be covered in a single course, so that each instructor must make some decision as to which part of the "basic law" he is going to cover. Why shouldn't students take part in this decision? Why should the desire of 200 count as nothing and of one count as everything? I propose a planning session to be to me majority of the care about longer when is the an educational held on the first class meeting an educational date of every course, at which institution predicated on a time instructors would present a majority of the student body range of subjects he feels are more never uses it at one time. The or less equally basic to his subject longer hours might well be and which are within his advantageous to different people competence to teach. Students and instructors should then at different times Finally, in answer to the together select the final question of the availability of curriculum for the course. maintenance men for longer Letters to the Editor should addressed to 77ie Opinion, 77 W. Eagle St. Buffalo, N.Y. 14202. Letters must contain the name, address and telephone number of the sender, although his identity will be kept anonymous if requested. Letters may be shortened at the Editor's discretion. be POLICY CONCERNING FAILURE TO TAKE EXAMINATIONS Students should remember that found in the Law the following policy is the current year of School Bulletin: to take the examination is a course when scheduled will result in a failure of the course unless, by reason of exceptional circumstances, the studeni is "Failure granted a postponement in taking the examination by the laculty." The Faculty has also adopted the policy that any student who is ill and has doubts that he may be able to complete the examination . should not commence examination. the Any' student who feels that he cannot take an examination because of illness must comply with the following procedure. If the student has made his appearance at the examination room but the examination has not started, then he should request permission not to take the examination from either the instructor in the course or the person from the law school administration who is present and administering the examination. If the student has not yet arrived at the Law School on Eagle Street or the Prudential Building, then he should call the Dean, the Assistant Dean or the Registrar, to recieve permission not to take the examination. GIVE 'TIL IT HELPS �17, December 1970 THE OPINION 3 Blumberg Memorandum Grace Blumberg, a third-year student and one of the two student representatives on the Professional" Program Committee, wrote a memorandum this fall suggesting the creation of a pratical curriculum, which would begin in the greshmen year. The practical curriculum would run for one and a half to three years. It would not eliminate required courses; instead it would mingle application with academics. Tin- goal of the proposal was "to make the curriculum, from the very start, relevant to the personal needs and professional goals of society-committed students." Recognizing, however, that a freshman student is "legally useless," she suggested, "combining substantive instruction in a single structured course." As alternatives to a single course, she suggested small seminars in poverty, welfare, consumer, women'r rights, and civil rights law or an "apprentice system" with upperclassmen in a workshop course. She discussed the practical curriculum, which would supplement substantive courses, proposal. for 25 or so freshmen. The generally endorsed her Profession Program Committee sent the memorandum to the freshmen seminar teachers. This resulted in the Faculty-Student meeting of November 13. The memorandum has been tabled by the Professional Program The Committee. A Frosh Curriculum Option In all courses, I hope that all members of the class (including myself) will be stimulated to thought beyond what is contained in the materials. This is especially true in soical legislation courses such as Women and the Law. To be sure there is much material to learn the laws that discriminate - against women, the laws that discriminate in favor of women and the laws that protect women against discrimination; but if the students or the course were to stop there it would be of little value. The basis of a course on the legal status of women, rather than a course on hie operation of the Equal Employment Opportunity Commission, is an assertion that GRACE BLUMBERG in the current law does not operate so as faculty lounge, explains her to afford women rights to which proposalat a gaculty-student they are entitled. Such an assertion is of course a highly meeting held in November. subjective statement as lo what those rights should be and a part of the course must be an examination of rights and grounds for rights. The assertion is also a somewhat less subjective claim, with what firms are doing in this that is, it is a claim that the legal area across the country, as well as system has certain imperatives concerning rights and these tips for implementing new programs and for improving imperatives are ignored in the treatment of women. existing ones. The essence of the course then A portion of the time of the concerns change, but before project's two full-time attorneys change can be proposed three and staff members deals with law things must be determined: what students. The attorneys and staff is wrong, what are the members would visit from school alternatives, and what is desireable. It is not only necessary to school apprising the student bodies of the opportunities to know how laws discriminate gainst public aspects available in service women, but to find out the of law and of the law firms while justifications for the particular which allow lawyers to dedicate a treatment to determine if such part of their time to pro bono j v sti f i c a t ion was or is still work relevant. If an attack is based on rights. The Section on Individual constitutional Rights and Responsibilities can do Job Training a bit. But it needs law student continued from page 2 members, law students that are concerned with the social achievements to be accomplished problems of their fellow citizens in the pursuit of legal work are law students that want to help. occasionally worth-while, and the Sure there are elements within the income will be comfortable. American Bar Association that In this age of the myth of aren't happy with some of the committed youth, to desire a Sections's liberal proposals and good job is a somewhat activities. But that's more reason disreputable goal. It seems evident for giving them our help. to me, that a large group of law A Liberal ABA ? by L. Shapiro There are many students in law schools throughout the country who feel that the American Bar Association has not fully responded to its obligation to become involved with the important concerns of society. It serves no useful purpose to speculate as to whether the AbA has been a conservative organization or has just been reflective of the national attitudes. What is significant is that it is a strong and viable association. It is by far the largest and most influential organization of attorneys. Just imagine what could be accomplished if.the ABA chose to make as its priorities the correction of the inequalities jn our legal system and an active participation in the solution of social problems, legal and non-legal alike. This is just what recently formed ABA standing committee, the Section on Individual Rights and Responsibilities, was established to do. become involved in the issues relevant to our times. But more than setting goals, this Section accomplished. The names of some of its subcommittees explain will its direction and focus: freedom of speech and press, alcoholism and drug reform, equal protection of the law, rights for women, freedom from hunger, problems of the American Indian, housing, overpopulation, right to legal services. Its journal is devoted to the subject of human rights. The last issue contained articles by Earl Warren, Robert Me Kay, Paul Freun, and Warren Burer. Presently, as one of its projects, the Section is examing the feasibility of a program designed to solicit, assist and coordinate private law firms in developing pro bonn publico efforts. With the aid of one or two lawyers hired full-time, the objective would be to create a program which would assist private law firms in the fevelopment of public interest . The Section seeks to produce programs. A newsletter would the field of individual If you think you are interested, rights and responsibilities and to periodically be issued as a means up a brochure at the Eagle stimulate individual lawyers in the of publicizing this program and its pick organized bar to consider and successes or failures. It would deal Street window. "knowledge" of constitutional law is not enough. Understanding of the process or how to use constitutional theory is the prerequisite for formulating arguments. If the problem concerns agency functions, the procedure must be well understood before it can be shown that the substantive law needs to be changed, the procedure should be changed or the agency given more money. Like my course in Social Legislation, the subject matter of Women and the Law is determined by the nature of the problem. History, economics, sociology, criminal law. constitutional law, contracts, administrative law and procedure are the tools. In judging the constitutionality of an abortion statute it is relevant to some courts that the, law in question was passed at a time when the dangers of death by infection from abortion were greater than the dangers of childbirth. In proposing amendments lo the Unemployment Insurance System, so as to include women on maternity leave, it is important lo know who pays for the insurance and how the payment is computed. Integrating contextual material with legal problems often does not resolve the issues, but usually helps to narrow them. When people start with different prejudice the introduction of data can only show the fight is over value judgements. On lhe other hand when people have similar values such data may provide resolutions to conflicts. A lawyer in his various roles is required to do both narrowing and resolving of issues. studenis are in law school because they could not find an acceptable job after getting their bachelors degree. They decided that being a lawyer was acceptable, and their reasoning toward this conclusion consisted to get job training, which is a normal goal for a twentieth century American. Never before has being normal required an apology. programs in From Other Law Schools UNIVERSITY type OF OREGON will develop because the presence of an organization which can make use of data developed . in clinical course-work makes that kind ofresearch In Oregon, the drive to start a student funded all the more interesting and valuable for students and public interest firm has spawned several new clinical the community. courses. At the University of Oregon in Eugene, Professor John R. Wish has developed a new course designed to '*. take a Nader's Raiders-type look at the marketing and reality." Focusing on Chevron Oil Company's technique for selling its new gasoline, F-310, one segment of the class concentrates on advertising practices with attention to a comparison of the company's testing methods and results claimed to derive from the product's use. Other sections of the class study new methods for the financing of higher education and the apparent anomaly of decreasing nutrition levels and rising food advertising expenditures. At Eastern Oregon College in La Grende, Charles Quaintance will teach a course on the problems encountered by the group attempting to form the public interest firm. Also in the works is a three-week seminar on the role that a public interest group like OSPIRG (Oregon Student Public Interest Research Group) can play in the conservation movement. It is expected that other courses of this NYU COMMENTATOR Stephan Gillers, a 1968 NYU Law graduate and now an associate with Paul, Weiss, Goldberg, Rifkind, Wharton and Garrison in New York proposes the creation of neighborhood law officers to be composed of attorneys living in the neighborhoods in which they work. They would offergroup legal services to working class and middle calss citizens "who might not consider hiring a lawyer to represent them except in the gravest of circumstances, e.g. a criminal proceeding." Services such a community firm might perform include: Represent a neighborhood which feels that the City or State is discriminating against it; help communities secure funding under the various federal and state acts that provide funds for community projects; represent communities in challenges to business and other interests that might pollute the neighborhoods streets. continued on page 4 Palestinean Guerrilla's Viewpoint continued from page 1 of the "Popular Front" is not to push all into the sea, but is a call for the creation of a unitary Palestinean where Arabs and Jews can enjoy equal rights." The call Jews State The two, sympathetic to the cause fo the "Popular Front", stated that the "David and Goliath conception that many Americans have of the Israeli situation is erroneous. The situation is just the oppositewith the odds weighed heavily against the disorganized Palestineans who are spread all throughout the Middle East." Following presentation of their findings and experiences, a vigorous discussion ensued in which a number of the members of the Student Body present vehemently disagreed with the position taken by the speakers. The validity of their viewpoint was questioned, particulary with respect to the bias Sullivan and Berlin has developed as a result of livingso intimately with the guerrillas. Warren B. Rosenbaum » �December THE OPINION 4 SPORTS and N.Y.U. also have From Other Law Schools Larson: For the Defense continued from page actively 17 sought 1970 women applicants. 3 HARVARD LAW^SCHOOL NORTH CAROLINA Women at Harvard Law have complained has won its first City League about repeated instances of discrimination in job encounter. Coach Steve Larson has stressed defense in all pre-season hiring. Recruiters choose on looks rather than practice and the team ?responded with an almost perfect ability, when they do hire women students. More accomplishment. They won 76-4. This is the third year the law school has had a team playing in the often, the woman graduate is ignored. When she is City League. In the first year under the organization of Fred Gorwood hired, tokenism seems to be the preferred policy. they won the league championship, and last year they lost in the finals. The Syracuse Law School Newspaper "The This year the team has four returning players, Bruce Norton, Judge", in the October 2nd issue, reports that the Charles Davis, Alan Snyder and Terry Conners. New players were salary for female law graduates in their first year out chosen this year, with most of the boys having had previous college averages 40% less than their male peers. Moreover, basketball experience. In the teams first game which was again st the Coast Guard, they on the average, women professionals earn only about literally sunk them. With Bruce Norton and Charles Davis leading the half as much as male professionals. way, the team was never in trouble. In only two quarters did the Many law school papers have contained similar opposition score a bucket. of sex discrimination. Perhaps a Davis and Norton who were scoring at will were aided by Terry discussions campaign should be undertaken to boycott Connors, Rich Clark and Lee Ginsburg. As the rest of the scoring was discriminatory firms or to bring suits under Title pretty even among the players.Coach Larson got the chance to use all VII. his bench strength. Freshmen Jerry Solomon and Ed Goyles got into Law schools should begin affirmative the game. The defense was the highlight as 6'B" Charles Davis, 64" Alan recruiting of qualified women college graduates. Snyder, and 64" Tom Parnelia dominated the boards. They never lost Duke University has pioneered in thiseffort. Harvard a rebound. Snyder blocked a half a dozen shots. The team plays-every Thursday night at seven at the Lonigan Center in South Buffalo. The games are free. The team urges all to attend. Mr. Joyce, who is presently at a basketball training camp, may join CoachLarson as his assistant coach next semester. The Law School's basketball team An imaginative group of Student Bar Representatives at North Carolina have incorporate the the UNC Student Bar Foundation. "The purpose of Foundation is to provide for assistance to disadvantaged resident North Carolina students who show promise in the study of law." Details of the plan may be obtained from Bob Farris, President of SBA and a director of the Foundation. DUQUESNE UNIVERSITY Duquesne's "JURIS" bills itself as a "Law School Newsmagazine." Instead of reporting which faculty member's kid got an A in penmanship or what drinks were served at the law reivew banquet, JURIS contains long, serious articles on important subjects. For example, last May's issue was devoted to mental illness and how the law treats the insane. The October issue studied gun control. Write to Robert S. Joseph, editor, for copies. News Briefs Attention Seniors: The yearbook editor asks that you please get your Yearbook Portraits taken at Hengerer's Bth floor. Main Street as soon as possible. Call for an appointment before you go. The number is 856-6666. Hours are 10:15 to 5:15 on weekdays, EXCEPT Monday and Thursday when they are open until 9:00 p.m. The Law Women, an organization formed to fight sex discrimination in the legal profession and to recruit women for law Rm, 744, the Prudential Bldg, Church Street. school, has an office in Office hours are Tuesdays and Phone: 852-4372, ex. 23. Thursdays from one to three. All women students interested intstudying law are welcome to come and discuss their interest. In a nine to six vote the ABA voted affirmed a motion not to fund a SBS banquet. \ RALPH NADER"S JOB OPENINGS: PUBLIC INTEREST RESEARCH GROUP HAS The Public Interest Research Group (PIRG) is an action organization founded by Ralph Nader Its 14 attorneys constitute the largest public interest law firm in the country. They use all of the tools of advocacy available to accomplish thier goals: litigation, publication, organizing, and legislative drafting. During the first six months of its existneee attorneys from PIRG instituted suits against corporate advertsing fraud, appeared in numerous federal regulatory hearings, published articles in several national magazines and undertook to organize college students to increase their activity fees to finance public interest lawyers. In addition, cooperative law projects were begun with law reviews and clinical programsin several law schools. Applications for 10 new positions for June 1971 law graduates are now being accepted. The starting salary is $4500 per year. Resumes should be sent to: Donald K. Ross Public Interest Research Group 1025 15th ST., N.W. Suite 601 Washington, D.C. 20005 from SBA Members in a Haze at Weekly Meeting Thompson Speaks on Panthers continued from page 1 its lessons only by visible businessmen who are cheating example. helpless Blacks every day is In discussing the ways in which self-defense, not violence. a retail merchant operating in Violence is bad, but ceases to be Black areas may be made to see violence when used in a situation that he msut operate in described as self-defensive (a conjunction with and for the conceptual development far from benefit of the people, rather than novel if one considers privilege in solely for his own mercantile tort law and justification in interests, Thompson promulgated criminal law the problem arises a rather innovative definition of when the party using force is alble violence. He advocated progress to absolve itself at will by difining through education rather than its action as self-defensive from violence, force may come in only internal generated in criminal law when used in self-defense. the problem arises when the Forceful dealing pour encourager party using force is able to absolve les autres when dealing with speaker. the - - The audience is worth mentioning; predominately White, as of course is the law school, and vocally sympathetic to the speaker, with a few exceptions. Some seemed rather confused as to why they concurred with the soflspoken NCCF representative, but they did. Two non-student spectators may be of interest: both 30-35 and dressed in the white shirt, thin tie, shapeless overcoat of the typical downtown wage slave. They asked but one question whether the BPP had any relations with North Korea or North Vietnam? - OPINION � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1970-12-17 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/2a968469ec96dc478058d430813e77e7.pdf 82008551b333f84c7fdd9d9f4a07c975 PDF Text Text THEOPINION Volume 11, no. 4 December 4, 1970 State University of New York at Buffalo School of Law Construction Begins on New Law School Building Construction of the new, expanded State University of New York at Buffalo School of Law building wiil begin on the Four lecture halls The first floor will also house the large lecture halls. One room, Amherst campus site before provided with additional January Ist, it was announced last courtroom facilities, will week. Groundbreaking for the accomodate 160 students, a new building will take place early second, 116 students, and two this month. others, 80 students each. Each of Scheduled for completion in these rooms is arranged in tiers February 1973, the Law and with long area tables and swivel Jurisprudence building will chairs. replace the present facilities at 77 The second level of the West Eagle Street and rented building will house two legal space in thePrudential Building in problem rooms arranged in the downtown Buffalo. The building, style of an amphitheatre. Total designed by Harry Weese and seating capacity of the two rooms Associates and Anthony L. will be approximate 100 persons. Carlino of Buffalo, will feature extensive library and study facilities, an actual courtroom, and much-needed lecture and seminar rooms. Bids for construction of the seven-story structure were opened on Wednesday, November 18th in the Offices of the State University Construction Fund in Albany. The John Cowper Construction Co. Inc. of Tonawanda, N.Y. was awarded the contract with a low bid of $7,313,000. The total cost of the building is expected to be about $8.5 million Actual Courtroon The most novel aspect of the new facility will be a courtroom on the ground level in which actual and moot cases will be tried. Arrangements for the actual cases, provided they are of legal significance and the parties and counsels involved grant their consent, will be made by the Law School with the Fourth Judicial Department of the Appellate Division of the State of New York. The courtroom will seat 90 persons and can be expanded to accomodate up to 350. Adjacent to the facility will be a suite which will be occupied by the student Moot Court Board for their administrative operations. Offices will also be available for the Judges participating in moot or actual trials. .. Niagara University BUFFALO, N. Y. From a modest beginning This is the first home of the Law School when it was established in 1887 as part of Niagara history University. A pictorial the Law School's of development can be page four of this issue. found on Both rooms will face downward on several levels to a large rectangular desk and chairs. These will function as modern student classrooms along with the five seminar rooms located throughout the building. Located on the second through the seventh floors are faculty offices, library facilities, administrative departments, student offices, and lounges. Expanded library The expanded library space will allow the Law School library to grow volumes, of the libraries to a level of 300,000 which will make it one top ten Law School in size in the United States. Reader's stations are spread out on appropriate levels of the building with most to be located on the second, third and sixth floors, which hold the main reading rooms. There will be a minimum of four hundred stations with an option for additions. The reading and study areas are divided between long tables and open carrels. In addition, there will be about fifty closed type carrels of thirty include space for a library of 5,000 volumes. Office facilities will also be available for other student organizations and functions, including The Opinion and the Student Bar Association. Each of The new building, with outside walls of brown brick and colored geographic center of the new Chairman of the faculty for the new Law building is Dean Wade School Union Facility. It will also be a Newhouse who has worked sub-campus connected closely with the University these areas is expected to provide part of a much more working room for the by bridged passageways and Construction Fund for some time. now cramped student focusing on another open plaza. organizations. campus, immediately overlooking the main plaza and the Student One of the most important Located on the third floor of benefits of the new building, the structure will be the beyond its vastly expanded space administrative offices. Faculty and facilities, is that it will permit offices will occupy the fourth the growth of the student body. It is anticipated that eventually through the seventh floors. eight-hundred students will Central location occupy the structure, compared committee Certainly, the new Law building will mark a School radical has characterised location. present change from the crowded classrooms, limited space, and distance from the University that the Moot Court Wins Award in Competition feet each. These will be fitted with individual doors. Several of these study rooms will also have electrical outlets for dictaphone and tape recorder use. Elevator service will run not only within the library stack area, but also within the rest of the Three law students from SUNYAB School of building for access to the offices Law have received awards for their participation in a and classrooms.. The main reading regional round of the 1970 National Moot Court and checkout room of the library Competition, held last week in Boston, on the second floor will control Massachusetts. access to the other levels of the The Buffalo team received the award for best library. All stacks will be open legal brief. The students were presented with except a reserve and rare book written volumes of legal treastise and a plaque for their five stack and a faculty duplicate brief, which was judged superior to the entries of collection of 20,000 volumes. other law schools from New England and The student lounge will be split seven upstate New York. between two levels of the building. Although no cafeteria Team members are David Eldredge, 301 facilities will be available for Hempstead Aye; Peter Gilfillan, 1343 Millersport student and faculty use within the Highway; and Jeffrey Frank, 58 Granger Place. All Law building, vending machines are of the Moot Court Board at seniors and members and snack areas will be located thelaw school. adjacent to each level of the student lounges. Cafeteria service In addition to writing the brief, the students will be centralized for all of the participated in oral arguments before a mock academic buildings in close appellate court, on behalf ofa fictionalclient. In the proximity to theLaw School. quarterfinal round, the Buffalo team defeated Boston University, Student organizations During several meetings held in preparation for Located on the sixth floor of the Halloween Ball, Cornell was the winner in the the building will be a suite of finalround of the competition. offices and work area for the The briefs, and oral arguments dealt with the Buffalo Law Review. This will case of a fictional newspaper reporter who was cited square with the present enrollment of five-hundred and thirty. mortor, will be situated in the for contempt for refusing to testify during a trial regarding the identity of his news sources. The primary issues in the case were whether the newsman was entitled to conceal the identity of his informants because of the Constitutional freedom of the press and because of a fictional statute which protected the newsgathering activities of journalists. The Buffalo team argued, on behalf of the reporter, that the contempt citation was improper. According to their brief, the reporter did not have to reveal his news sources in this particular case because the information was not relevant or material for the case being tried and because the reporter was protected by the First Amendment of the Constitutionand by the fictional Statute. The oral arguments were held in the Federal Court House in Boston. Judges included prominent members of the Massachusetts bar and judges of teh Massachusetts state courts. i ~~ 1 "The problems of the poor are not (predominately the problems of criminal law but are ithe problems of procedure in Civil Law." A member of the Faculty of Law and Jurisprudence,SUNY at Buffalo. \ �Editorial Letters To The Editor What the hell good is a Law School Newspaper? Many of the students in this law school and countless other have asked and, we suppose, will continue to ask the above persons question, albeit in several varied forms. What is so vital about a newspaper in an institution which is preparing persons for law? How can any serious student spend time in an endeavor so unrelated to the purpose of his being in school. Aren't newspapers a hangover from undergraduate school when we had much more time to waste on newspapers and other extra-curricular activities? We would like to respond to these questions with a few of our own. Is there anyone in the Law School who feels that he needs no more information about the working of the School, the opportunities available, the changes being planned, the problems being faced, etc. than he presently is receiving? Does anyone want to know about what is happening in other Law Schools? Would anyone care to know more about the persons and institutions he will encounter upon graduation? Might there be a person who would like to be kept more up-to-date on recent developments in case law and legal publications? Does anyone feel the urge to speak his mind on legal, social, or political issues, and incidently, develop some skill in legal-journalistic writing? Is all the talent of this Law School restricted to the confines of the Law Review Offices? Can we safely assume that the student body is satisfied with the present state of faculty-student relations? Is there any need for a Law School Newspaper? THE OPINION Volume 11, No. 4 .. December 4, 1970 Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris Circulation Editor George Riedel Staff: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Michael Montgomery, Linda Cleveland. Reporters: William Lobbins, Richard Rosche. Photographer: Samuel Newman Columnist: Bill MacTiernan The Opinion is published every other week by University Press at Buffalo. It is the student newspaper of the SUNYAB. School of Law, 77 West Eagle Street, Buffalo, N.Y. 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York, From other Law Schools.. Syracuse University College of Law reports severs problems with their library. The resignation of their newly appointed head librarian together with extremely cramped facilities have given rise to much student protest. The administration of a large Freshman class has further complicated the situation. The students and faculty of The Cleveland State University College of Law have decided to petition the U.S. Attorney for the Northern District of Ohio to convene a grand jury to decide whether the conduct of persons at Kent State University last May can legally make them indictable under the laws of th United States. This is in reaction to the recent actions of the Ohio grand jury which indicted twenty-five students. The governing student body at New York University Law Center is debating proposals for fair hearings for students facing suspension because of disruptive activities. Presently students may be suspended long before they are given an opportunity to defend their rights. Loyola University of the reports that students ther are disgruntled with the quality of several faculty South.School ofLaw, members but are without power to work for their replacement. An " It is common among the law Editorial relates: knowledge December 4, 1970 THE OPINION 2 students that certain instructors have a habit of giving good grades lo those who agree with him and walk three sjeps behjnd him in a bowed position. Then there are instructors who don't even final exams to grade and instead give a grade upon the thickness of the paper. This can be proven by the teacher's failure to separate exam papers which have been glued those open the them based together with chewing gum, yet the instructor states he has read ( from/Tie Code ) every page." S. B. A.: A State of Transition by Dick Rosche The editorial in the last issue of the Opinion touched on a subject that requires some comment. Specifically it was noted that there is a great deal of confusion in the Board of Directors over what standards should be applied to budget allocations. The confusion, which does exist, is indicative of deeper problems within the student community. Problems which should be brought into the/open for full enumeration and discussion. The Law Schopl is in a old guard transitional period. Tfie which seeks to perpetuate the traditional student activities and relative non-involvement in outside affairs is being challenged and eclipsed by what has been described as a "New Breed" of law students. Since the transition is not complete, confusion exists in the student body and Board of Directoes as to what priorities and direction the S.B.A. will establish and take (Continued on page 4) minority position while ignoring the will of the Board of Directors, I will ask for both a change of titleMo the'lPartisan's After reading the article in the any, were available which had case Corner" and equal time for the Opinion regarding the Seminar, " law of the highest authority, rest of your student government Legal Resources for Solving together with comments which to present its view. Current Urban Problems" I was appeared significantly beneficial Since the rational of the Board prompted to comment on my in terms of financial investment of Directors concerning the rationale for the structure of this by the studnents. It therefore Barrister's Ball and the S.B.A. type of educational experience appeared to me to be a more Banquet was not presented which admittedly, is based upon rewarding appraoch to the before, I shall attempt a my undergraduate training in the problems to attempt to clarification. The, Barrister's Ball field of education. approximate in the classroom, for was a semi-formal dance held in I believe that there is a basic consideration by the students, the the spring of each year. Student distinction between .the type of problem situation which funds are used to subsidize organization of a Course and a those who will shortly be attending law students to the tune Seminar: A course is an offering practicing may face in a few of $15.00 per student and each of more formally organized student is required to pay an months. subject matter, frequently additional SIO $15 per ticket. Urban Problems Dear Sir: principles within a Discipline. However, the problems classified as Urban Law are relatively new and open ended. Few texts, if his - communicated from or Lecturer by the Professor the lecture method, to a comparatively larger group of students. A seminar is a form of class organization in higher education in which a group Barbara M. Sims Wo mens' Liberation - Last year 70 students attended the dance. This year the Board of Directbrs rejected the Barrister's Ball because: (1) Spending $ 15.00per/capita on the students who attend was an excessive amount of money. This letter is in response to Bill (2) The money could be shifted to MacTiernan's article "I Used to items of higher priority area of social Want to be John Wayne" which particularly in theThe Ball was appeared in the Nov. 16th edition invblvment. (3) unsuccessful since affairs of this of The Opinion. nature do not offer students the hearing tired of am about I men's liberation. Especially as it is entertainment they desire, and (4) modern for More entertainment by discussed men. I believe Mr. MacTiernan's article is a prime less cost could be had for more such as rock students a concert or example of what I mean. Why is it that men who are dance. Although some individuals in accosted with women's lib. almost the Board of Directors asserted respond with a development, "Legal Resources, übiquitously that this Ball was popular, such cry of corresponding "men's lib.", etc." was designed to combine the too. Why can't men respond staunch past participants and three educational methods, in its directly to the question of connoisseurs as JeffFrank asserted Wednesday and Friday sessions. that "A dance of the fifties has no The seminar was so structured women's lib. without redirecting place in the seventies." The the question toward themselves, that two Guests were assigned to indulging in self-pity? Isn't election of 5 out of 6 members of and develop each topic. The first indicates just that in the Freshman another, perhaps more Lecturer was to provide a more this subtle, perhaps more sympathetic class, there is little support for the theoretical perspective, while the Additionally significant second was chosen for his reason for women to go easy on Balls. practical experience in the area. them, and show more segment of the upper class concur in the Given that format, it should not appreciation for the mess they're representatives the rejection of Ball. have been inconceivable that a in,too? aspect certain of the problem S.B.A. has a long Banquet The I think so. And 1 think the might be considered of such deficiencies in Western Man's and sordid history. The Banquet is gravity that both Lecturers ( or dinner semi-formal personality social to which all are well stated a several of them ) might have felt by Mr. MacTiernan. But they are officers of the S.B.A. and all warranted in referring to it, in a members of the Board of thorough presentation of the not what is at issue. A man is free, if he can gather the strength to do Directors and the Committees are subject matter. invited. The dinner is usually held put to aside all the restraints so, Reporter, In the October 29 and restrictions on character at a very expensive restaurant an article appeared entitled that his society his imposes. A (Cloister) to "repay" and "honor" "Huge Lecture Classes Are Just woman, very simply, is not. She, these servants of the people. The Fine If a Head Full of Facts Is the fact, is bound by the mess men Board of Directors have funded Aim." The article was a comment in have gotten themselves into, and this dinner in past years at upon a lecture delivered by Dr. is burdened not only by having to amounts ranging from over Wilbert J. McKeachie, Chairman, function, if she attains any success $1,000 to last years total of $400. Department of Psychology, in her liberation, in a messed-up This years Board of Directors University of Michigan, who is world of men who want and need rejected this affair for the considered to be an authority on following reasons: sympathy. learning research in college (l)The money could be used Consequently, I suggest that teaching. once stop thinking about elsewhere; At column 2, of the article the men for (2)The beneficiaries do not helping themselves and begin to following appears: McKeachie work for women's lib. The only earn and should not expect this cited studies which tend to true way to liberate yourself reward; is to indicate that free discussions in liberate those whom you oppress. (3)lt is unethical for a Student which the instructor serves as a Government to vote student funds Samuel C. Fried superior to consultant only are to repay itself; and either lectures or regular (4)As an act of good faith to discussions in developing the student body, the Board will thinking ability and in causing Ball and Banquet not fund itself. attitude change. Although some members of the A Colorado study, he said, Dear Sir: Board of Directors desire to has even indicated that student President Penny has chosen to eliminate the Banquet without led discussions are superior on turn his "President's Column" question others asserted that the —all counts, leading one to ask into a forum for partisan politics. fairest of all ways to approach the "if we need teachers at all." It is traditional that the President subject was through a student However, he reassured the of the S.B.A. represent to the referendum. I hope this clarifies group, in these "student public the positions taken by the the actions taken by theBoard of directed" di scussions, the Board of Directors. In last issues Directors. instructor did not simply column, Mr. Penny clearly Richard J. Rosche of advanced students engage in research or advanced study under the general direction of one or more staff members, Professors or Lecturers. It tends to be rather informed and frequently takes the form ofgeneral discussion. Many educators believe that the most beneficial educational experience to the student, however, is a combination of lecture,discussion,and independent research. By its description and _ - - abandon the students. The instructor prepared materials for discussion, was available for consultation on problems and worked out methods of assessment. This required even more time than preparing lectures, he said. I feel, also, that courses organized necessary around texts may be for most efficiently certain basic communicating Dear Sir: indicated that he supported both the Barristers Ball and the S.B.A. Banquet, contrary to the voting majority of the Board of Directors. The President not only failed to present the official position of the Board of Directors, but presented no reasons in support of the Board's actions. If Mr. Penny continues to use the space you call the "President's Column" to present the"Editor should addressed to 77ie Opinion, Eagle St. Buffalo, N.Y. W. 14202. Letters must contain the address and name, telephone number of the identity sender, although his will be kept anonymous if requested. Letters may be shortened at the Editor's discteJioiL. be Letters to 77 '' �December 4, 1970 THE OPINION 3 International Law: An Interview with Professor Thomas Buergenthal Professor Thomas Buergenthal, Chairman of International Legal Studies at State University of New York at Buffalo School of Law, outlined the direction the program hopefully will take at the law school. Because of the increasing effects that international law has upon the rights and obligations of individuals, he feels international legal studies is a most important part of one's legal background. International legal studies can give insight into many areas of law and help solve problems of war treaties, commerce, business, and individual rights by providing the necessary concepts, mechanisms, and structures in which the international community can operate. International law can also be very valuable in understanding how one's own national laws operate and it can often help open new vistas in solving domestic problems. Dr. Buergenthal contends that international law need not be thought of as a remote area, that many of the legal problems of international law can be handled here in Buffalo with local firms leading the way. Business transactions (especially with Canada), treaty obligations, and even military cases which deal with international questions are some of the very real problems that may arise and have to be resolved. Three prongedapproach In order to meet the growing need in this area, and to provide a relevant, meaningful program, a Prisoner Release: Learn and Earn school offering a course in Comparative Environmental Planning and Development. Canadian-American legal study Another area of the Comparative Law Curriculum is the Canadian American legal study. Because of Buffalo's unique position to Canada it is felt that this law school can provide an exceptional opportunity for the development of a Canadian studies program. A number of specific fieldsof law are affected by the interaction between Canada and the United States, and it is proposed that thisschool develop a program in comparative law with a Canadian Law School, that workshops be set up, and lectures and symposia be arranged. So far this program has not developed to the fullest extent of the proposal. Much of the comparative Canadian American study Program will have to wait until Interim-Dean Angus, who teaches courses in this area is freed formhis administrative duties. The Brussels Summer Program in comparative law has been abandoned by the university. This program included six weeks study in Brussels, Belgium with about 33 students and 5 faculty in the areas of comparative and inter- national law. Because of disagreements as to policies of administration about how the program was to operate, and the resignation of the head of the program, Professor Buergenthal, and his sabbatical last year, the three pronged approach has been attempted in order program was abandoned with little chance that it to fulfill the needs of an international legal studies will be revived. Funds for the program have been program. The program includes; one, An diverted now to other areas of the law school. But International Law Curriculum consisting of courses there are hopes that new and unique international and seminars; two, A Comparative Law Curriculum; studies will be developed here in the future. and three, Publications through the Buffalo Law Master's program Review. An International Law Curriculum includes One program that can easily be adopted because courses and seminars being offered by Professors of the substantia! collection of international law Buergenthal and Davidson, and from time to time materials in the law library would' be an intensive other professors at the law school, in the area of two summer international legal studies program international and human rights. A search is which in addition to the requirements to the J.D. underway now for an additional faculty member in would lead to an L.L.M. In this program qualified the area of international law and it hoped that the experts could be brought to Buffalo along with foreign student to participate in a program of position will be filled very soon. The Comparative Law Program that is presently international studies. operating is the "Comparative Environmental Law Recently, Parma, Italy sent a visitor to the law Program," pioneered by Professor Kaplan which school to explore possible areas of interest for an of students and faculty with the Italian exchange includes an exchange of professors. Presently Professor James Magavern is in the Philippines, and University in the area of law. Possible future Professor Mukerjee from India is here at the law continued on page 4 - Program are receiving "experience in Criminal law which is invaluable," according Terry Connors, the student supervisor of the program. They are also receiving two dollars an hour thanks to the Bar Association, Attorney General's Office are the in the program this semester is the Mental Health division and the City of Buffalo Corporate Counsel Bureau of Consumer Frauds. Greg Office. Dick, Rosche and David Burshorr was assigned to the Chiarolanza are working from this Mental Hygiene Division where he office. Next semester the clinic is concerned with petitions from the inmates in State Mental program will place five-students in the District Attorney's office Joseph Crause was Hospitals. assigned to the Bureau of where they will be involved with the Criminal Appeals in Consumer Frauds. The last student from the Rochester. Four students, most likely program in the New York State Law Department is Michael seniors, will be assigned to the Stebick who's in the Erie County Attorney's Office. These students, pending Miscellaneousdivision. This division is a catch-all. It permission, will be able to make investigation and analysis, deals with automobile license court appearances for the research and writing, pleading, revocations circuit court practice, government. Permission for third motion practice, examinations wills, probates, and narcotic year students to go to court has already been given for students in before trial, trial procedure and rehabilitation. techniques, appellate practice, and The other government agency the other clinic course, Legal Aid. post-conviction remedies, under the direction of experienced The government Litigation Clinic gives "the student an opportunity to take a look at the practice of law from the government's side," according to Mr. Manak, the clinic's professor. The clinic, a three credit hour elective will be expanded next semester into two more government agencies and will accommodate nine more students. This semester ten second and third year students are being exposed to civil and criminal practice. The students are learning the techniques of of case practioners. Eight of the students this semester are working in divisions of the New York State Law Department. Eric Kerness, James Rogers, and Grenville Harrob are preparing pleadings, paper work, and risk they request his release at a bail hearing. The defendants lawyers are usually present at these hearings. Connors feels the students "have established credibility with the court." Only « very low percentage of prisoners released through the program have fled the jurisdiction of the court. The program has co-ordinated itself with the Concerned Law Students for Peace, in case students, who also seem to be point at the indigent, need bail in the event of mass arrests. Working in Prisoner Release in TERRY CONNERS, student for the Prisoner Release among the has come a very supervisor Program, feels that the program years. long way in three satisfying, Connors feels, for "one sees the results right there." Legal Observers On Aid Mattachines October 29, several members of the Legal Concerned Law Students for Peace attended a Friday evening, Observers Corps of Halloween Ball given by the Mattachine Society of the Niagara Frontier at a local VFW Post. In light of several past incidents of official interference as well as the arbitrary denial of a liquor license by the State Liquor Authority for their forthcoming function, the Mattachines called upon the Legal Observer Corps and the ACLU to appear at their first public gathering to assure the availability of an objective account should there be any further instances of official intrusion. Although the evening went well and without interuption, the Mattachines consider it only the first step in their new plans for gaining social recognition and legalequality. During several meetings held in preparation for the Halloween Ball, the: Legal Observers Corps learned that the Mattachines have formed a political action committee for the purpose of pursuing new avenues for obtaining social justice. Included in the committee's deliberations are plans for positive legal action in order to enforce the constitutional rights of transsexuals. Who is "Qualified" for Clerkships? Cochran, by J. Otis group of law journal officers plus National Chairman, B.A.L.S.A. one or two rank-and-file journal selecting clerks members with the highest grades. The system of for the nation's judges continues Selection of this kind of student to be an amazingly anachronistic shows a remarkable lack of throw-back to an earlier age. understanding of the impetus Judges who were eloquent about behind grade reform of the past the living law, who have not few years; for the abolition of the hesitated to challenge and destroy old grading systems in many patterns of social behavior that schools and the gradual stood for centuries in this abandonment of the old rigid, country, nevertheless turn to grade-conscious criteria for procedures for selecting their admission to law school clerks that practically guarantee demonstrate that many law school that some invidious social students and faculties have come patterns, at least, will never to realize that there are measures change. A clerkship is not likely of solid potential for or to go to a person who has truly achievement in legal scholarship immersed himself in the social other than the sterile rankings of problems of today, for the numerical evaluation. Why then nominees are selected by faculty do faculty committees continue committees who put a premium to make nominations for on all the traditional touchstones clerkships based solely on the old, of law school success classroom gradually eroding criteria? And grades and law journal research. why do judges continue to follow Seldom will a faculty committee so slavishly those same measures ever recommend a person who has of success and accomplishment? Is strayed too far from those it not obvious to everyone that traditional measures of success, a some of the brightest and most person who has in fact challenged competent law students have the legal or social structures in pursued legal studiesoutside those any significant way. traditional avenues? Surely the Their nominees are rather student who has spent much of always the entirely predictable continued on page 4 - PROFESSOR JAMES Manak makes a Litigation Clinic's weekly seminar meeting. The program which aids the indigent who lacks monies to pay bail was initiated three years ago under the name of the John Howard Society. Openings in the program for law students are limited by the funds allotted, but Conners says the program has enough students to do what it does now. The Bail Release workers interview the prisoners, verify the information given them and if the prisoner is in their opinion a good - Government Litigation Clinic Expands answering motions in connection with negligence claims against the state in the Claims and Litigation Division out of the Attorney General'sOffice. Rose Hamlin, a second year student, and Paul Rosenstein are working this semester on habeas corpus proceedings at Attica State Prison. They help defend the warden against petitions made by the prisoners. Two more divisions in the The dozen students working which took over the program and within the Prisoner Release began funding it last year. �December 4, THE OPINION 4 1970 Niagara University BUFFALO, N. Y. BtMlo •Law • Sclpol. 1887 Niagara University. ° 197 pallU Onlar ofLadßru. News Briefs Library Announcements The library would like toannounce a change in the hours it will be open. The Sunday hours will be extended from 1to 5 0:clock to 1 to 9 0:elock. The possibility of other changes is being investigated. One suggestion is thai the library be closed at five p.m. on Friday and those hours be added to other days. SBA President Bob Penny would like comments on this idea. The problerfi with increasing the library hours is that it is difficult to get maintenance personal who must be present when lhe building is open. Efforts are being made to obtain help form N—*-■ the Main campus. The library has an opening for one professional librarian. Applicants must have a degree in Library Science. Within the next few years ten professional librarians will be added to the staff. Library Week The problems of the Freshamn Library Research Week are being discussed with Professor Mostecky. Consideration is being given to several ideas such as: smaller groups, possibly seminars, and spreading the lime out so that both sections do not use the facilities at the same time. International Law (continued from page 3) programs may be developed with this European university in which it would be possible for an American law graduate'of this school to altend Parma to receive his Italian law degree. At the time it would allow students of Parma to attend Buffalo Law School and receive their American degree in law. Summerprogram Presently a summer program can be arranged if enough students at the law school are interested at the International- Institute of Human Rights at Strasbourg to be held July 5-23. This year the Institute will discuss Racial Discrimination and Human Rights. Professor Buergenthal will direct a seminar and possible credit could be arranged. If you are interested in attending this Institute contact Professor Buergenthal or attend the International Legal StudiesCommittee meeting. One part of International Legal Studies has been to help the student who is interested in planning a study after his graduation from law school. Professor Buergenthal has placed a few students interested in international law and related fields in several foreign universities. If anyone is interested in such a program after graduation, or in a summer program at a foreign university they may contact "him or the Main Campus Council of International Studies, 107 Townsend Hall where'Mr. James Michielli may be of help in planning foreign programs of study. One can see that international study at the Law School has a lot of potential. Dr. Buergenthal, a most qualified man in his area, is only too willing to be of assistance, but there will be no programs if there is no student interest in the development of meaningful and on going programs. If you have such an interest, make it known by attending the International Legal Studies Committee meeting. Notice of date and time will be posted. program of Freshmen Talk with Faculty Last Friday the thirteenth, members met with freshmen in the Faculty Lounge A report on Ihe Library Research Week was prepared for the SBA the freshman directors. The five page report's summary concludes with " the weeks gaol has been lost instructional and administrative mixups and misconceptions." Copies of the report were posted on the bulletin boards. faculty by and discussed suggestions for curriculum changes. The freshmen's desire for some Freshmen talk with faculty Last friday the thirteenth, faculty members met with freshman in the Faculty Lounge and discussed suggestions for curriculum changes. The freshmen's desire for some practical experience in law during the first year of study and for less strictly read-thc-book courses resulted in lhe faculty's questioning freshmen legal competency. Dean Angus reminded the small gathering of predominantly women students that "unauthorized practice of law" is a real problem and that freshmen just do not have the ability yet for field work. The faculty members who will be giving freshmen seminars next semester feel that these seminars will be relevant lo the students. Richard Pariser, Junior representative, has announced his resignation from the S.B.A. Board of Directors. He gave as the reason for his resignation a lack of time due to other commitments. Robert Penny, S.B.A. President, announced that an election to fill the vacancy will be held before the Christmas break. Petitions for candidacy may be picked up at Shirley's office. Attention Seniors: Miss Sandra Kay Yearbook editor asks that you please get your Yearbook portraits fakren at Hengerer's Bth Floor, Main Street across the mall as soon as possible. Can*for an appointment before ynu go the number is 856-6666. Hours are 10:15 to 5:15 on weekdays, EXCEPT Monday and Thursday when they are open until 9:00 p.m. pratical experience in law during the first year of study and forless strictly read-the-book courses resulted in the faculty's questioning freshmen PROFESSOR DONEGAN and Professor Rickent exchanging ideas with students in theFaculty Lounge. Clerkships (continued from page 3) his law school career working in a community law office has had as much experience in analyzing and researching practical legal problems as any cloistered scholar has had. It is extremely ironic, therefore, that the same judges who have proclaimed from the bench for so many years the necessity for our society to move more rapidly to find room forall kinds of racial and cultural minorities in its social structures should still resist so strongly the idea that they themselves should find room for such minorities within the social structure over they have most direct control. It is time for the judges and United States Attorney's offices and the various states* attorneys' offices around the which country to move more forcefully to look beyond the old sterile measures of success in legal scholarship. American Law Students Association will, during The Black next month, visit the chambers of judgesin Washington, D.C., and several other cities in support of its CAMPAIGN BENCH RIGHT 7 aimed at encouraging the eradication every all-white federal judicial district in the country. the legal competency. Dean Angus reminded the small gathering of predominantly women students that "unauthorized practice of law" is a real problem and that freshmen just do not have the ability yet for field work. The faculty members who will be freshmen seminars next semester feel that these seminars willbe relevant to the students. giving Transition (continued from page 2) Resolution of this conflict will in due course for it is come apparent that the present freshman class is more socially conscious than the proceeding classes. It is equally clear that for the near future the constructive conflict will continue. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1970-12-04 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/4/1970 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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Q: What is your general impression of the Law school? A: I think it is an 0: "Whal are the main extraordinary school in terms of problems with which you will the commitment the faculty has have to contend upon assuming made to doing the job of legal the deanship?" training and in conveying the A: "I have to learn to be an operation of law in society. There effective administrator of a very is no inclination on the part of the complicated organization which faculty to de-emphasize classic exists in an even more legal training. Rather, there is a complicated administrative determination to go forward to setting. The organizational system even higher standards of of the State University of New York clearly has mysteries within professional training. The tendency of the faculty mysteries. It will be important for has been to stress high-quality me, working with my colleagues legal training, while at the same on the faculty, to come up with time moving into new areas that ways of getting things done. This are recognized as extremely will be the principal problem. It important. may be made especially Note: are complicated by another kind of objective that 1 have in mind. That is, to reverse the usual relationship between the administrator and those he administrates. The classical bureaucratic hierarchy is not an appropriate model for a university." Q: Do you intend to change the direction of legal education at thelaw school? A: "The educational programs of the school are something that have to be developed by the faculty and the students. I believe that the faculty intends substantial development of the educational program at this school, and 1 an thoroughly in sympathy with their objectives. 1 happily anticipate joining them." Q: What specific programs do have in mind for the Law School? A: "We have in mind the development of an educational you No Champagne on a Beer Budget by Kathleen Spann three separate meetings and many debating ad nauseam, the SBA directors provisionally have allocated funds to the school's activities. The directors guarded their constituents' money closely and attempted to keep track of the priorities along with the A fter hours of of a yearbook at the State University of New York at Buffalo had to be discussed first. Some members felt the yearbook didn't pass the Mill's Utilitarian approach they seemed to assume in allocating monies. Is the yearbook that will make it possible Q: How much of a voice for students to involve themselves should students have in the program of law school activities. This adninistration clinical in will not be along the lines of legal policy? deal. But as great "A aid, but will move in the direction A: of public interest law. Also, we administrator, I will have to would like to be able to develop discuss this with my colleagues. research programs in which We are involved in a joint program students will participate and can learn the ways in which empirical information, relevant to law, is gathered and the techinque by which these may be interpreted with reference to legal problems." Q: It is understood that you will be teaching courses on the main campus. Won't this detract from your effectiveness as dean? A: "I would like to do as much enterprise that affects us all, all of our lives not just in law school. - The goal is to make the curriculum adaptable to the rapid changing problems of our society. Mutual understanding is the ultimate aim." 0: Specifically, should students be given votes on faculty one of the greatest goods for the committees and/or at faculty greatest number of law students? Perhaps not, but with nothing to lose financially the board teaching as I possible can. meetings? pennies. A: "In any institution one However, my prime concern is to The longest debate and the most heated approved the "loan." Law Review, a more notable publication, first do a good job as dean. The should not dictate or make his involved the social committee discussions of proper with its handling the exercise of authority appear as top priority item is the chairman's request in general and the Barrister was as fortunate administration of the law school. such. I generally think that a Ball plans in specific. Rumor has it that the directors. The board suggested Law Reivew two-to-one (faculty to student) freshman representatives, because of their look elsewhere, and then report back. A week Teaching will come later." ratio on committees is good. A election platform did away with the traditional later, Law Review's mission was accomplished. fifty-fifty foot ratio is not satisfactevent, but 14 SBA members, the frosh number Some one else, and not the SBA, will Q: Will you teach any courses ory because in such a ratio only six, opposed having the dance this year. their bill this year. school? the law Concerned Law Students for Peace (CLSP) at A: "I would like there to be a students can assert undue An estimated 86 to 100 students attended of another influence on administration policy the ball last year. This was a fair enough created discussion at the meetings substantial amount of intellectual (if they are able to get a single politics. Malcolm Morris, SBA treasurer, issue, that the indication to the representatives interchange between the sign his name to faculty member to side with students would prefer another type of social did not think it wise to administration and the students. them). Remember, faculty Albany's recent eve nt. Even a beer blast with long haired checks which may violate Whether such need be in the support is also necessary to make musicians, however, costs something, and the ruling about diverting student fees into political formal structure ofa class, I don't things work. There must be an social committee chairman had to explain that activities. application of the democratic The CLSP reports itself to be non-political, know." reality again and again to the SBA. He also they plan explaining just principle. People who have a stake where pointed out that when UB students ask to and a budget they was for in decisions should be able to prepared the funds receive unless to adequate an use rent a hall, doors shut affect them." the directors. breakage fee is deposited. off trimmed Traveling expenses were internal The fine line between external and organizations was raised when the BALSA requests as a matter of policy. BALSA, Q: When will you actively representative made his request to the directors. however, managed to convince the directors assume the deanship? at conventions was a BALSA's membership is small, about fifty that its attendance A: September I, 1971. and Moot of its existence, necessary part students, and closed, only minority students explained it would have difficulty may join. After a token discussion on the Court traveling granted some issue, upper classman directors remembered that competing if it wasn't 0: Do you have anything else the same issue was brought' up the year before expenses. All banquets were also deleted from you would like to say to the and was obviously settled, for BALSA was organizational budgets. empty-handed; meetings body? left the Law Wives student allotted funds from the SBA treasury. favorably received. A: 1 am delighted to be here. I If BALSA was allotted funds, they must the Law Women were more approved incidently, was Opinion's organization. request, favorably impressed and The am ■ have declared BALSA an internal enthusiastic about the prospects Internal organizations are eligible for funds, and unanimously although one SBA member, who in anywhere himself doing something, genuinely of so BALSA's request could be considered. It hasn't found a picture of significant for ourselves and took at least twenty-five minutes for that logic the paper, wryly questioned the Opinion's society. 1 look forward to meeting to be followed and for the discussion on photography priorities. and working with lhe members of A question mark still hangs over Ihe whole BALSA's actual request to begin. the law school community. We to lime-consuming procedure of the provisional The ADVOCATE'S editor in an attempt announed thai there should stress a sense of continuity win her allocation placed an interesting allocation. President Penny or between the faculty, students, and proposition before the board. She promised to was the possibility that either a referendum in the near future may make student the law school alumni thai will return the $800, she now needs, later with a decree If that happens, after January endure throughout our profits added after she has sold the yearbook. fees voluntary. may not be a SBA treasury composed of professional lives. The student representatives didn't however there each student's $12.50. jump at lhe chance to gel rich. The relevancy really �Editorial President's Corner The provisional allocation of funds to It is obvious that an important and difficult task lies ahead for the Board ofDirectors. The use of student funds is too important to be left to last minute partisan decisions which often neglect the true nature of the budget request, and. more importantly, the interests of the student body. A note of appreciation must be extended to Dick Rosche for his work on the new S.B.A. Reporter. The Reporter is a giant step toward more responsible student government at the Law School and, like so many other additions, could only have appeared through the shouldering of responsibility by a single student. We thank him for his work and hope that it will serve as an example for others in the myriad of tasks ahead. I Used to Want to be John Wayne by Bill MacTiernan Letters To The Editor Dear Sir: student organizations is nearly completed. The establishment of a policy by which the Directors can be guided in future budget meetings has hardly begun. Attempting to find any such policy in the maze of allocations is an exercise in fantasy. For example, if the policy is to allocate money where it will do the most students the most good (A policy which was often mentioned in the course of the meetings), it is difficult to understand why such functions as the Barrister's Ball, which is attended annually by 80-100 students, was denied funds, while another organization was given funding to send a single student to another county to work on a project which, although worthy of praise, involves no students. We are not questioning the allocations to any particular organization but trying to understand the policy behind them. And Then There Were Budgets With any sort of luck the SBA budgets might be finished Friday leaning ladders the Thirteenth notwithstanding. Two items (on very close votes) have been voted out for this year, namely, the Barristers Ball and the SBA Banquet. 1 personally feel that both items should have been included. - The Barristers Ball is the one event in which the entire student body can participate as a social unit. As for the Banquet, I believe that those students who voluntarily work on behalf of the entire student body should be thanked for their efforts. If the social committee can come up with a means by which these events can be held without requiring substantial SBA I think a compromise reasonable will have been reached. (Note: the committee is working on such a solution.) financial backing, We would like to clarify the facts pertaining to the Law Wives' visit to the S.B.A. office on Monday, October 26, 1970. It was not "without authorization" that several members of Law Wives entered the S.B.A. office in order to mimeograph their newsletter. Kathleen York had been told by an S.B.A. member that we were welcome to use the supplies and the mimeograph machine. With our paper and two stencils that had already been prepared for use on the machine, we entered the office in the morning. No one else was there. We would have completed our task and disappeared without bothering anyone, "unrecognized," so to speak, if it had not been for the fact that one of our stencils was not cut deeply enough and had to be retyped. We retyped, we did not "compose", the first half of the stencil before anyone else entered the office. Then, not wishing to come back the following day, we did ask a the they do. Emotionally, american men are stifled to the point where the only emotion they will permit to show in public is anger. Through television, through commercials, and all the other instrumentalities of mass culture there is a constant reinforcement of this social emotional makeup than is the females. Perhaps in the future men will stop feeling that their normal sexual experience and ability is less than normal. that an individual that he has been bombarded by his culture into judging manhood by success in The realizes fact This is the third year that legal fraternity has presented the Symposium program. The topics of the past programs were "Abortion the economic market, " Laws and their Reform" and masculine" demeanor, and "Obsenity in the Performing sexuality, is not in any way an Arts." indication that he has overcome Guests of honor at the this training. It is easy to realize fleeting and the gentleness with that the American culture stifles luncheon included Judge Mattina, County Court good Joseph unaccustomed of waht is best part which the world is in men a to being treated at the hands of in human beings, but it is, sadly, Judge, Leonard Walentynowicz, and William Carnahan, private quite a different matter for that western man. truth to overcome a lifetime of practicioner and part-time A second, more subtle, yet faculty member. none the less binding chain on the socialization. demand to suppress the unmanly every human being possesses. The list of these unmanly traits includes the ability to empathize, the sensitivity to appreciate the delicate and the traits that Sincerely, Marilynn Borst Corresponding Secretary Dottie Buffomonte Newsletter Editor Editor's Note: It is questionable whether an S.B.A. member can give authorization to an external non-student organization to use student funded equipment and supplies when this is in violation of the first statute At-Large of the S.B.A. The "Law Wives" clearly fit into this category as they were denied funds at the recent budget meeting for the same reason, being an external non-student organization. As to the number of students involved, the Editor remembers being among a distinctly larger group, all of whom were waiting to use the facilities of their office. . November 16. 1970 Schwan Newman Bill MacTiernan Photographer: Samuel Columnist: > ■ The Opinion is published every other week by University Press at Buffalo. It is the student newspaper of the SUNYAB, School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. Community Law Office Started by Student Charles L. Davis, a third student, with the help of BALSA and the Legal Aid Clinic has set up a Community Law Office. The Office is located at 241 Monroe Street and is open Mondays and Wednesdays from five to seven. Asst. Professor James P. Manak is the faculty advisor for this new program, which will give legal advice and assistance, legal education, and eventually bail monies to the indigent. It is probable, since he is a third year student in the Legal Aid Clinic, that Davis The panel will include a will go to court with a client psychiatrist, pharmacologist, a but only within the guide student, a defense attorney, lines of the Legal Aid Clinic. and a federal narcotics agent. The office will not be the Association regrets having inconvenienced anyone. It certainly will not happen again. Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris, George Riedel Circulation Editor Sports Editor Alan Snyder Staff: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Reporters: Mike Montgomery, Richard Rosche, James majority . student to wait about ten minutes while we finished the stencil. The Student Law Wives OPINION Vol. 11, No. 3 Without doubt part of the problem encountered with the budgets was due to the late submission dates for the various organizations permitted by the SBA. This next year budgets will have to be submitted by April. sum and substance of the american male is the inculcated A final comment on the budget The of students at equation of success with since the this school are male and the manhood. The former being a will be forthcoming Committee must Treasurer's majority of that majority embrace prerequisite of the latter. It is this finalize the budget and the a scoffing attitude towards imbued equasion that is University Administration must women's liberation. Perhaps this responsible for most of the also approve allocations in derision can be traced to a few feelings of inadequacy that accordance with the dictates of reasons. First; the most vocal trouble american men. Given a the Board of Trustees of the State advocates of women's liberation gauge of success in monitary University system. do manage to project a good deal terms, most men run a futile race of unintended humor. (Don't get with the standard, which is not set upset ladies, I find humor in by the accomplishments of others, almost anyone who embraces a but by the advertising industry. cause religiously) Secondly; The basic tenant of this industry derision is an outward sign of fear, is that the individual should P. A. D. Announces especially when that fear is always be convinced that he is suppressed. The aggressively inadequately endowed with Symposium Plans apt point possessions. to physical liberated woman is Men in this country then, are trapped in a out the cracks in the image that the American male thinks he circle of desire, frustration and Phi Alpha Delta legal should project. Admitting the aggression by a society that has fraternity recently held its first complete validity of womens' become more complex tahn any claim to equality in the economic individual is capable of in a series of monthly luncheons at the Plaza Suite. market seems about the best way controlling. At the luncheon, President to back out of this subject and into its brother; and its brother Perhaps one of the most Miles Kaualler announced plans for the third annual Phi Alpha happens to be mens' liberation, hopeful signs comes out of the claim to equality in the economic new and liberalized look at Delta Symposium. market seems about the best way sexuality. It has always been Mr. Kaualler said that the to back out of this subject and assumed, at least by males, that Symposium committee has they were the sexually dominant chosen "Drugs and the Law" into its brother; and its brother happens to be mens liberation. because they were physically as this year's topic. It was Now, mens liberation has dominant Yet recently evidence revealed that Judge Joseph certainly been suggested before, to the contrary has proved Mattina has accepted the but usually in a rather joking substantial. According to Masters position of moderator. manner. The intent here, however, and Johnson, the normal womans Tentative plans call for a five is not aimed at humor, but at sexual capacity is in excess of the man panel which will present provoking thought on how and males and the males ability is as broad a perspective on the way much more a factor of his topic why american men feel the as possible. 1970 November 16, THE OPINION 2 year office to give information effective and beneficial" to the people he wants to reach and help. Eventually, he hopes to make bail available night and "directly day by having specific phone numbers for those in need of bail to call and primarily by raising a bail fund. His goal is for a $15,000 kitty, which the office can draw from. A few associations have already given committments , to his program, but any contributions will be appreciated. Presently there is a law student, a vista worker and two undergraduates manning the office. He will "utilize more students as the need arises." practicing law. Legal problems Fliers have been prepared will be referred to the Neighborhood Office of the to publicize the new office. These are being distributed Legal Aid Society, to one of throughout the neighborhood. the twenty attorneys "The legal education" Davis, who is the Vice according to Davis, "will be President of BALSA, said he pertinent and functional to the conceived of the program program." He plans to have while he was at a BALSA lecturers speak on Legal Aid meeting. As far as he knows, and the prisoner release hi s program is a first. The programs, and to have "general response has been favorable to rap sessions" about consumer the program and according to problems or landlord-tenant its advisor James Manak, the relations. The important thing, program will not end when Davis explained, is for the Davis graduates. �November 16, 1970 THE OPINION 3 -Statement of the Concerned Law Students Why the 'Concerned Innovative Course Deals with Urban Problems Law Students'? by Mike Montgomery a period of national educational evolution and the redirection of curricula along more innovative lines it is to be expected that the course offerings of a law school would follow suit. An example of the course oriented towards non-traditional problem areas is Legal Resources for Solving Current Urban Problems under the joint tutelage of Professor Jacob Hyman and Mrs. Sylvia Sims. This subject is perhaps unique among those During covered by an ensuing speaker in preparation for his presentation. Among the individuals whose expertise has been offered to this class have been Dr. Robert C. Weaver, Secretary of Housing and Urban Development under Johnson, Cornell professor Lisle Carter, the Assistant Director of the Model Cities Program in Buffalo Mr. Lee Butler, and Mayor Richard Hatcher of Gary, Indiana. The fields explored in structuring. Generalist empiricism is as functional a description as any to apply to Current Urban Problems generalist because there are no pretensions to offering an intensive analysis of any of the myriad aspects of evolving Urban consequences or implications, the purpose being to either heighten or create an awareness to urban problems in a prospective lawyer and possible means of their resolution in the legal system; empiricist because of the variety of both types of information and sources of one type of information offered the student. How to unravel the more tortuous - phrases of the last sentence? Bas.cally the course has some aspects of a lecture series with professorial guidance/participation, nee each week a prominent indiviudal speaks !about some facet of the (flawed) urban gem; once each week there is a class discussion involving an analysis of a previous speaker's thesis or an examination of the subject matter to be nondirection, of a noncohesiveness not usually found in the more traditionally structured law school programs. A basis or rationale for such may be gleaned accohesion perhaps from an examination of the course's financing and its apparent concommittent the reason for its existence. SUNYAB's main administration had madeavailable a line of funding for a new - life in America, and their legal most presentations, - currently available to the student because ofits content and internal professorial position in the Faculty of Law and Jurisprudence as of the commencement of the present semester, a line apparently to be allocated to the field of the American A suitable people, but to use their Robert Weaver, former secretary urban-legal forstudies. that position was knowledge of the legal sy ;tem to of H.U.D. speaking before urban candidate however. In order to help the legally abused understand not named, problems class. preserve for the Law School this their rights and the law. funding, of which has a floor The CLSP, which grew out of their lectures have been many; line of apporximately $24,000 with an that followed the included are legal services indeterminate ceiling, the course the disturbances invasion of Cambodia and the presently and possibly available to in Current Urban Problems was and Jackson State, deaths at Kent the poor and minorities, the the guidance of set out to provide a unified consequences of such, and initiated under Hyman and Mrs. Sims Professor vehicle to voice their dissent. especially the problems of housing resources Contrary to skepticism that the and urban development, the right whence the financial the speakers for group would die out in the new of all classes to live decently. All without which, undoubtedly have academic year forlack of interest, the class would program s d c aling with such been unobtainable. As the Lhe students have become even problems need money to develops, and program more active this year in efforts to implement them, consequently a suitable candidate initiate reform in the legal the theme of urban economics presumably position for the is it obtained, institutions. and finance has, with 'its The group now has several corollaries of local government shouldbe a matter of considerable structure and federal-state-local interest to note in which direction different programs active under its guidance a purportedly innovative and Law students are political interaction, been dealing with the working with attorneys on draft underscored in most of the creative coursecatastrophe will urban go. counseling nascent and related litigation, presentations. I - life One learns early in that most impossible dreams are indeed imposible. Ned Cuddy was beaten rather badly in the N ovember 3rd election. Our impossible dream missed by a mile. I was of course very disappointed as were all of Ned's workers, to say nothing of the Cuddy family. Although we always knew that victory was a long shot, we had felt in the last week that the campaign was gaining momentum and that a sizable grass-roots base of support had developed to discover just what went wrong. Off hand 1 canlist a number of factors which worked against the Cuddy candidacy. One major factor was the indentity problem. Not having been in public office before or having run for public office, Ned Cuddy was an unknown name and quantity to the voters of the 40th Congressional District, We did not have the financialresources to run an effective media campaign to break through the indentity gap. A 36,000 Republican majority in registration and a generally conservative political climate made a victory Democrat-Liberal Cuddy difficult indeed. for very Being a college professor never has been a particularly helpful attribute for a political candidate in our country (see Richard legal services never considered before, at no cost. He is willing to voice his disapproval of the existing structure and those provide who direct the change where the existing institutions are bankrupt of objective and impart ial " .* standard. The nature of the work that the students have done has brought them in close contact with the local and state political machinery. In September a documented report was released to the Buffalo and national news agencies disclosing the findings of intense research into the "Birdshot" shootings on campus last May. The report, which was an effort to get a thorough official investigation and public report of the events, was met with official disapproval and inaction. Eyewitness accounts, physical evidence of police firing birdshot and a photo of the alleged police car from which the shots were fired were part of the evidence presented. The response from local, State and Federal agencies If the identity problem could was total inaction save one have been attacked with a request to "forget" the birdshot reasonable amount of financial report in return for official resources to work with, I feel, it recognition of the legal observers. would have been a much closer On Friday, October 23. a legal election. observer wearing an identifying armband, was arrested while President Nixon's attempt to attempting to write down the use scare tactics to elect names and car number of two Republicans, for the most part police officers who had requested failed miserably. The good guys a group of 6 observers and 2 don't always win. But neither do others to disburse. The charges the bad guys. 1972 isn't really were immediately dropped at the very far away and I still beleive initial arraignment. that the system can be made to work for the people if enough people truely commit themselves to action and not apathy. - Thoughts After the Apocalypse By Jeff Spencer and on several cases defending students and others in drug, disorderly conduct and similar charges. In the future it is hoped that the program can be ex; ided to cases involving civil rights and liberties, indigents, prisoners, and mental inpatients. Several Black Buffalo couselmen have requested the up help CLSP was set insure to that no one's rights are violated, assistance of Law students to help no matter how unpopular they research welfare laws. 35-40 Legal Observers are now available to any may be. Prisoners, indigents, students, organization that feels the need for objective reporting of any groups and other homosexual, which society finds "distasteful" possible problems with law enforcement officials and I hey time and again have their civil rights violated by those in have been called upon many times for guise of law theirservices. authority under the In fact, the law student who and order. Until recently there was a general atmosphere of "so was noted for his quiet conservatism and non-involvement what" among law students. Law students have realized that has become involved. He is they are in an unusually unique involved in that he is now position, not just to promote interested reaching out to the segments of the community which dialogue of the pressing problems facing the local Buffalo the established legal profession have long overlooked, willing to community and There is a difference between effective law and order and using the law to but often the keep certain people in a special essence of the lectures has been kind of order. It is the distinction between similar if not repetitive (perhaps the two which helped prompt the an indication of a core basis for urban problems). Because of the establishment of the Concerned Law Students for Peace. A group lecture-series aspect of this course one also gets the impression of of about 50 law students the Many of the speakers have made Hofstadter's, Anti-Intellectualism in American Life). With the recent campus disturbances it becomes a burden to be overcome. Popular American mythology looks at the College professor or either an absent-minded, impractical ivory' tower dweller, or more recently as a dangerous radicalizer of the "All American Boy". Needless to say, neither image is paricularly conducive to a successful political candidacy. Re-enforcing this disadvantage was the fact that chance, but we never kidded ourselves into believing that our chances were better than a longshot. seniority to go along with his silver white locks. political systems. Ned saw his role from an educational standpoint as well as from a purely political one. One of his main goals in running was to bring an intelligent discussion of the issues to the electorate and expose the rather poor voting record of Mr. Smith. I felt both these goals were to a great extent accomplished. 1 am-sure that in Ned's physical appearance fits the future Mr. Smith will think somewhat the popular conceptual twice before he votes against image of a "professor" (the funds for pollution control, heart Ivory-Tower brand). On the other and cancer research, hospital hand, Henry P. Smith 111 with his construction and/or school construction. silver white hair fits almost perfectly the image of the "archetypal congressman". Not Personally, I gained not only only does Smith look like a many new friends, but a more congressman, but he has the claim sophisticated understandingof the of six years experience and workings of our less than perfect Smith received the endorsements of all the major newspapers. These endorsements were primarily based on the fact that Smith did have six years of experience and seniority while Cuddy was somewhat ,of f question mark. This was the final factor which certainly didn't help the Cuddy Candidacy. Am I sorry I got involved? Have 1 lost faith in the " system "? The answer to both questions is an emphatic NO!! We wanted to win very badly and we honestly thought we had a To be sure, something has to be done to correct the unfairness which results when one candidate has an overwhelming economic advantage. Outside of this, I found most people willing to consider the man rather than the party, although it must be admitted that a democratic candidate bears a heavy burden of proof in attempting to win over - News Briefs Effective immediately the Legal Research course has been restored to a one credit hour course. The one hour credit will also be given lo those who took the course last year in the discretion of Professor Mostecky if he feels he can give credit on thebasis of the written work which was submitted. In addition, the hours requirement for the J.D. degree has been raised to 81 hours, the purpose of which is to allow a nine hour spread between the N.Y. Court of Appeals requirement and thai of the Law School. Therefore, a student can fail three 3 hour courses and still meet the Court of Appeals requirements. The Professional Program* Committee is investigating the * a summer professional program. Eight of our faculty have indicated an interest in teaching in such a program and the Committee will now investigate the possibility of obtaining funds from Republican votes. Ned definitely made inroads. He received possibility Smith. the University budget. approximately 10,000 votes more than the last man who ran against < �Pollution Promotion at Commerce? SPORTS Shysters Win Championship by Peter J.Petkas and Karin P. Sheldon /Public Interest News Service} On April 9, 1970, President Nixon created the National Industrial Pollution Control Council. Conservationists and other concerned Americans Ihought then and are convinced now that this group should have After winning the two league playoff games the Shysters became the undisputed champions of their league with a seven win and one loss record. Presently they are working out in a closed practice while preparing for the School Championship. They must win their next three games to win it. In the two playoff games which were bitterly foughl. the Shysters defeated th- Sammys and Phi Psi fraternities in back named a "Pollution Promotion," not a "Pollution Control," council. Its membership list reads like a Who's Who of American polluters. The Council is to "advise" the President and the Chairman of ihe to back games. In the Phi Psi game, which the Shysters won 20-0, Lee Ginsburg intercepted four passes to break up Phi Psi plays and sel up Shyster touchdowns. Danny Martin threw three touchdown passes to end Stu Revo, centers Mark Rosenthal and Don Haight. Stu Revo, who has become accustomed to catching passes well within the end /one. made a small mistake in this game. In a pass play he caught the ball on the five yard line, and thinking he was in the end /one, just Btood there, An opponent was quick to show him the error of his ways. I'lie victory over Phi Psi was particularly sweet to Ihe team as they were the only ones who had previously beaten the Council on environmental quality policies." Bui serious questions are raised . Petty. Joel Doss, and player-coach Alan Snyder. Championship games start nexl week on Main campus, behind on Tuesday and officials they could not hope to equal the enormous economic, social and political power possessed by these 63 men. Granting, for purposes of argument, that these men have something to say to the President and his counsellors, why must the public and the press be shut out? Why must we settle for a sanitized, insider's minutes, when only a verbatim transcription could reveal with certainty how the public interest is faring in these secret deliberations? Closed sessions, we are told, promote "frank and open discussions". But what have they to h icle? Industry advisory commit lees are prohibited commercial operations of identified business enterprises. And if they are trading information, they may very likely be doing so in violation of the spirit, if not the letter, of our with the same sessions only for the most extraordinary reasons. There are clearly no such reasons here. At a recent gathering of conservationists. Secretary Stans suggested that NIPCC is an example the efforts of Commerce of the Department to carry out its responsibilities for environmental quality under the President's Reorganization Plan No. 4. We can only conclude that the Secretary, and perhaps the President, have a very limited vision of their responsibilities and of the pollution crisis, to place such men as these in such a critical position in the pollution law enforcement system. Most disturbing of all, this practice is occurring when citizens' groups have been sy ste ma t ically excluded from other avenues of redress. Our lobbying laws are straight jackets for ordinary citizens and carte blanche for powerful economic about lhe nature and impacc of lhal advice when the meetings of the Industrial Council and its laws. 30-odd subcommittees meetings anti-trust Or, suppose a particular board pressure groups. with Russell Train and his Council b a i r m a n, indiscreet ly or c Quality and on Environmental Our corrupt electioneering admits in the course of laws are openly flaunted with oilier governmental agencies aotherwise, meeting to a gross violation of practices charged with formulating by self-seeking politicians and or anti-pollution regulation an and control standards some of our less scrupulous pollution ordinance. Will his membership on corporations. are essentially lhe ordinary policies and a presence the al Council the citizen, the consumer, the small unannounced and closed to by government ma n an d 1 be public and to environmental meeting attended business law enforcement organizations, lo say nothing of pollution conservationist are disarmed in officials effectively immunize his small businessmen and farmers. our national legislature. They will company from the sanctions of be effectively barred from the These meetings are not merely the law? Since the meetings are of the briefings sort informal courts if the Internal Revenue closed and since no transcript is Service has ils way. Through government provides every day to made, no one will ever know the various interest groups. Rather, NIPCC and similar any of these questions. they are plenary sessions of a answers to industry/government fraternities asked to pay a Presidentially created and The public is being they will be systematically denied high price for "frank and open Department funded Commerce to the one branch of among these access and staffed lobby group which is discussions" government that is supposed to gentlemen. very space given free office represent all of the people and lhe in the In a democratic society closed public interest department which now has much the executive. of the responsibility for meetings' of such immensely And the supreme irony of their controlling access to the decision powerful, quasi-governmental groups as this are justified only plight is that all of this is and policy making process, not for the most compelling reasons. happening under an granted to any other citizens. Administration thai has pledged a Even if environmental groups The Congress recognizes this principle and holds executive return lo law and order. fashion similar were to meet in slrong Sammy team the an 18-13 win. After for touchdowns, two one to Revo and one to Martin threw Kay lan, he ran for a third. The defense was once again strong with middle linebacker Jerry Solomon in on ten lags. Members of the ll>7o Shyster Championship team include Dan Martin, Stu Revo. Lee Ginsburg. Doug Roberts, Mark Rosenthal. Don Haig it, Don Kaylan. Tom Parmalie. Yin Tracy, Bob LiVttti, Sam Newman. Alan Cohen. Jerry Solomon, Bill In the final playoff game against a Shyslers won the championship with Environmental Quality "on plans and actions of Federal, State, and local agencies involving Shysters. Clark Gym November l'B, 1970 THE ORHJUON 4 Wednesday. All are urged lo attend. Among lhe notables present at the playoff games was Professor for the position of coach for the Steven Larson who is being groomed Law School's basketball team. All those interested in playing intramural basketball should see Jerry Solomon. Those interested in playing basketball in the city league should see either Terry Connors or Charles Davis. 'Concerned Law Students' continued UB Law's Shysters converge on Sammy Player during recent playoff game. SBA Reporter: A New Tool for All Students The Board of Directors of the Bar Association has Student produced the SBA Reporter in an attempt to improve communicalion with and understanding of our Student Ciovernment. The Reporter is a compilation of all written mailer pertinent to student government at Ihe law school. Il containssuch important on here-to-fore un a variable documents as the S.B.A. Constitution. Faculty By-Laws [Constitution!, Constitutions, and F lieu I 1 y Re la lions Club Sludenl Board Additionally (here is extensive section on explaining the kinds Committees Constitution. mi of committees, the purpose and lhe me in bershlp of each committee. The minutes of the SBA and election regulations art contained hi the Reporter. Perhaps the mosi inovalivc section is thai which contains all of the standing by-laws of the S.B.A. This section is a codification of all legislation that the Board of Directors has passed in the past two years and which remain binding loday. Twenty-nine (29) Reporters prepare d. Each have been Reporter is a blue loose-leaf binder containing divided sections. Twenty-three of the Reporters have been distributed to your elected representatives who will make their Reporters aballable to their constituency. Reporters will also be loaned to Dean Angus, the Opinion and will be available for public use in the Faculty and Eagle St. libraries and al Shirley's office on request. Sludenls and faculty are urged 10 familiarize themselves With this book.. , The significance of this event noting deliberate persecution of must be noted. The police officers homosexuals. They are forced to in question resented anyone remain underground, often using observing their performance. The psyodonyms and are constantly in observer in question in no way fear of entrapment or simple broke lhe law nor provoked Ihe harassment. Because of the police. He was merely performing continuing harrassment, the an obviously necessary function in Society is in jeopardy of a potentially explosive situation. extinction and is forced to walk a The cahrges were dropped because tightrope at all times. Although the officers and their superiors New York state has abolished its realized that there was little or no homosexual statutes, catch-all grounds for an arrest. The arrest statutes such as loitering and disorderly conduct are easily appears to have been a warning to substituted. observers that Buffalo Police would not tolerate such activity. These are only a few of the Concerned Law Students also more subtle forms of repression in closely worked with the which the law is used to keep Mattachine Society of the Niagara social dissent and aberration to a Frontier, an organization of controlled minimum. There are homosexuals seeking to bring Ihe countless examples but these status of homosexuals to a level of should suffice to open the eyes of respect and acceptability in those non-believers. It is a relatively simple matter to society. The Mattachine contacted convince students that actual and CLSP to ask their help in abusive repression is coming down obtaining the required liquor from officials in control. But il is permit and toact as "observers at a an almost insurmountable job to holloween dance. The application bring that message to people not actually involved. Those citizens for the permit was submitted a month before the dance. The who aren't involved and have no interest in being involved, by liquor decision the Slate Authority denying the permit was perpetuale the legal abuses. A greal share ol the blame belongs held back until 3 days before Ihe affair; effectively barring any to l hose liberal thinkers occupying places of social esteem review or appeal before lhe affair. Thus. Ihe Mattachine was and prestige, who see what is relegated to a coke and coffee happening and do little or nothing 10 prevent il. They are a sizeable party. It should he noted that fraternities and other accepted number. Faculty, Doctors, Lawyers, Clergy and businessmen. social organizations have little Tacit disapproval has the same trouble obtaining such permits. effcel as laeit approval and so In working closely with the or Sociely one can hardly avoid long as no one yells "stop" from page 3 even questions what is happening there will be no change. - The people of Buffalo just elected Jack Kemp. The people of New York State elected James Buckley. Their campaigns were of appealing to the lowest form human emotions rather than was lead to public reason. The believe that dissenting youth must stopped, be and more seriously that their dissent was - unAmerican. Coupled with President Nixon's and Vice President Agncw's attack on all dissenters, the conservative ticket was made to seem to be the American ticket. A vote for them was a vote for the American system. Unfortunately, this sort of conservatism shows little understanding of what democracy is meant to be in America. American democracy is not meant to be freedom to think the same way as the president. It is freedom to think and act as your conscience dictates. CLSP are just - students. that: Concerned They are concerned about the misrepresentation of what democracy and its laws are and should be to the public. The mushrooming activities of the group are demonstration of the increasing' concern about the misues and abuse of Law by those enforcing It, But it is those in power, who are capable of the magnitude Of change who are needed. Those who slill have a conscience must join I he struggle. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1970-11-16 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/16/1970 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0f609ec8cca8b803b4c699bb887a6586.pdf f07238c2dfb90b3a4744843cee316ca7 PDF Text Text THEOPINION Volume 11, No. 2 State University of New York at Buffalo School of Law Moot Court Faces Harvard in National Competition On November 1 I, three of the Moot Court presents an 'interesting' challenge." The three Board members have assured The Opinion that they have not given up hope and will do their best to represent Buffalo Law School in this competition. The competition consists of writing an appellate brief on a mock record compiled by the National Committee. The record for this contest-concerns a libel suit, and the main issue appears to involve freedom of speech. The briefs must be presented to the National Committee by November 1 and arguments on the briefs will be made during the weekend of the 13th. improper voting procedures. - must prepare a brief and present oral arguments in a court room setting. In conjunction with this Freedom for Inmate Two students from the release of an 86 year old man who had been confined at the Mattewan State Hospital for the Criminally Insane for nearly twenty years. The two, Warren Rosenbaum and Clarence Sundram, wrote the brief as a project for Professor Herman Schwartz's Problems in Correctional Law seminar last semester. The case involved a man who was arrested in 1950 and charged with the murder of a fourteen year old boy. This charge was founded on the testimony of a co-defendent. The court found him incompetent for trial and sent him to Mattewan State Hospital. His co-defendent was tried, found guilty, and executed in 1953. The man made numerous motions for a speedy trial, but all of these were denied. He then moved to have the indictment, which was the basis of his confinement at Mattewan, dismissed. This would have necessitated his tßansferral to a civil institution. The District Approximately 50 ballots,he said, were straight Independent Law votes. A few ballots followed the Progressive Party line, but the majority of the ballots were mixed. There was, Mr. Penny said, a In the second election with 132 ballots cast, Mike Dziak, minor "protest to the protest Gene Goffin, Judith Kampk, party," for some students crossed Yvonne Lewis, David Sands, and the Independent Law Party names Cindy Gleason were chosen SBA from the ballots. He also sensed a representatives. All the new reaction against the woman representatives, excepting David candidates. Although four women Sands, ran on the Independent ran for representative offices, Law Party Platform. some ballots were cast for only men candidates. The party was formed, according to Gene Goffin, in an David Sands, a candidate who attempt to have candidatesrun on successfully ran without party "issues instead of personalities." support, was asked if he felt any Goffin said that after deciding to qualms about future opposition MOOT COURT team members Dave Eldredge, Pete run on issues, one is left with with his fellow representatives. He Gilfillen, and Jeff Frank prepare for the upcoming finding the best method to answered that "any continued competition. present them. Thebest melhod is. dispute with the Independent Law according to Goffin, the "party Party members indicates a The board faces stiff competition the Moot Court continued healthy environment". structure." competition in the preliminary Board is planning to conduct a Healthy or not, the SBA is now round and, as Pete Gilfillen puts Moot Court Seminar. This will The election of five functioning. it: "Facing Harvard is not going to consist of a group of sessions to Independent Party members, Law make it any easier." acquaint students with briefing who ran on a special write-in The three competing members and how to present oral ballot, in the first balloting caused were selected from the eleven arguments. This' is still in the considerable response. Three member Moot Court Board. These planning stage and nothing candidates who had run eleven are selected during a definite has been decided by the mdep c ndently the first time i n t-L-un v r a 1 M-e o4- Court Board. around banded together and Competilion held in April. This formed the Progressive Party. competition is open to all Buffalo Results of the National They, however, lost again. Law Students. The participants Competition and further Students' Brief Wins University of, Buffalo Law School prepared a brief which led to the Freshmen Elect Representatives After two elections, freshmen directors were seated at the SBA Board of Directors meeting October 23. The first freshman election was invalidated due to members Board, Jeff Frank, Dave Eldredge and Pete Gilfillen will represent Buffalo Law School in a National Moot Court Competition held in Boston. This school competes in a division consisting of all law schools in New England and upstate New York, There will be eleven schools participating in the Regionals in Boston with five teams receiving a bye. The drawing was held in Boston and no representative of U.B. Law School's Moot Court Board was invited to the drawings. As a result of these drawings Buffalo's first round opponent will be Harvard Law School. Many of the Board members are pessimistic about their chances against Harvard. As Jeff Frank puts it: "it October 30, 1970 Attorney refused this motion. The New York Civil Liberties Union entered the case at this point. Bruce J. Ennis of New York City contacted Professor Schwartz and asked if there were students who would be interested in researching the case. Professor Schwartz referred the case to Mr. Rosenbaum and Mr. Sundram. any According to Mr. Sundram, they prepared a brief for habeas corpus which alledged that the indictment had to be dismissed because of the violation of the defendent's right to a speedy trial and the impossibility of a fair trial twenty years after the alleged crime. They further stated that the continued confinement under the fiction of holding him for trial was tantamount to punishing him for a status over which he had no control, which is unconstitutional according to the Supreme Court decision in Robinson v. California. District Judge Marvin agreed with their and ordered Ihe defendent released from Mattewan. Federal Frank'-al analysis information on the Moot Court Board will be reported in The Opinion. Budget Meeting Today The Student Bar Association will finish considering budgets today organizations for for student the 1970-71 academic year. The meeting will be held in room 108 and is scheduled to begin at 1:00. All are urged to attend. Cindy Sielske. a loser by a handful of votes in the first election, joined the Independent Law Party and won Ihe second time. She said she discovered during the first election that "The Independent Law Party and I were in agreement over basic philosophy on what the SBA's function should be." She was asked to join the party and she did. She denies there will be any block style voting: "Dissent and individualismis expected." Bob Penny, SBA president, noted some voting tendencies. NEWLY ELECTED freshman representative David Sands who was only independent candidate to win. An Open Letter To Our Readers With this issue we are initiating what we hope will become an increasingly valuable function of The Opinion. This week approximately one thousand copies of the first two issues of Tlie Opinion will be mailed out to what we call the "legal community". This will include alumni of the University of Buffalo School of Law, law firms, judges, law schools, undergraduate schools, political and social leaders, and others whom we feel are important to us as law students. The purpose of this is two-fold. We believe that it is important that others know both what we are doing and thinking at our law school. At a time when student views are often distorted and misunderstood it is vital that a responsible means of communication be established between them and the persons in the "legal community" they will soon join. We also believe that it is equally important that the "legal community" be able to speak to the student. We are hopeful that many points of controversy may be resolved through written discussion. In addition, there can be no underestimating the wealth of information which the student can gain from such communication. To these ends we hope to establish as one of Th c Op inion's primary roles a forum for communication between the "legal community" and the law student. We are soliciting from all parties articles and letters concerning legal, social, and political issues. We will attempt to be receptive to all viewpoints and to be fair in our selection for printing. There are no "sacred cows". Articles should be limited to three typewritten double-spaced pages. Exceptions will be made in order lo print those of special merit. Letters should not exceed one typewritten page. No anonymous articles or letters will be accepted. Send articles and letters to: The Opinion. 11 West Eagle Street. Buffalo. New York. 14202. John R. Samuelson Editor. T)\e Opinion �October 30, THE OPINION 2 Editorial The Student Bar Association last Friday began consideration of budget requests by student organizations for the 1970-71 academic year. At that meeting about half of the budgets were considered with the remainder scheduled for this Friday. At a time when student funds are so at issue it is interesting to note that only ten students bothered to attend the meeting. Because of the nature of the budget requests, the Directors expressed the need for student imput in order for decisions which reflect the student body's feelings to be made. It is hoped that students will take advantage of their only opportunity to question the allocation of their funds and attend the S.B.A. Budget meeting this Friday. Further, the necessity of informing your representative of your wishes is evident. The Student Bar Association can function only as well as the support it receives allows. Without notice last Monday, members of "Law Wives" for several hours manned the small Prudential Building office, which is currently shared by four student organizations the SBA, the Opinion, the Bail Release Program, and the Concerned Law Students for Peace. Without authorization, the women composed their organization's newsletter at the only office typewriter, which a student was waiting to use; and then, also without authorization, mimeographed their publication on SBA equipment. Should students involved in recognized organizations be inconvenienced while members of a non-student organization, which is not recognized by the SBA, use the equipment, materials, and limited space which have been paid for by law students? — THE OPINION . Vol. .11, No. 2 October 30,1970 Editor-in-Chief .... John R. Samuelson Assistant Editor Kathleen Spann Business Manager .Malcolm L. Morris Circulation Editor George Riedel Sports Editor Alan Snyder Reporters: Jeffrey Sommer, Clarence Sundram, Warren Rosenbaum. Photographer: Samuel Newman Columnist: Bill MacTiernan The Opinion is published every other week, except for .vacations during the academic year by the students at the S.V.N.Y.A.B. School of Law, 77 West Eagle Street, Buffalo, New York, 14202. The Opinion is a non-profit organization. Third class postage entered at Buffalo, New York. 1970 Grading Problems by Bill MacTiernan When this law school decided to do away with the numerical grading system a year ago there was a great amount of discussion about the consequences, but that discussion, at least in its impact. was far removed from the first year class. They liked the idea, and they voted for it, and we have it. A few drawbacks have shown themselves and I believe that they bear commenting upon. The first is the feeling among the good students {not the excellent ones) that there is something wrong with getting Q's along with the average and below average students. Given the philosophy in my last article, one would think that this would be the last thing that would worry me. Well, consistency is a bore and this week I'm worried about it. It's a very frustrating experience to get a Q and have the professor tell you that you were on the H Where does this leave the good student"with a few H's andhimmostly with Q's? Right now it starts at least one strike against him. It is a natural tendency to resist the change and those who do hiring will most likely choose that schools from the graduates of have retained the numerical grading system, given any equality in the candidates. In the short run, the new grading system will probably hurt those students who are above average, but short of excellent. In the long run it will probably work out well. Most of the time it is a very satisfactory system. It does relieve considerable pressure upon the student. There is a policy which allows and encourages faculty members to insert letters of evaluation ,in the files of individual students. These letters will give more useful and more relevant information than any grade would indicate. Secondly, as hiring agents acclimate themselves to this type of grading system it is hoped that they will become less resistant to it. Thirdly, as more and more schools turn to this less competitive system or similar types, then as of necessity, its acceptance will be required by those who wish to hire law school graduates. The H,Q,U system may present it seems almost inevitable that these will be overcome. In the future its benefits will inure without the drawbacks of today. problems, but Letters To The Editor borderline. A second problem in our system of grading which has no class ranking, is with those companies and government agencies which hire and pay by class standings. There is a notice for F.C.C. interviews which lists two starting salaries. If you're in the top third of the class or you can show "other superior achievements", then you start at $2,000 per year more than other graduates. This type of hiring policy presents no problem to the very top students in the class. They, along with the very bottom, are know to the administration and they can easily obtain recommendations. There is no ranking of students in a class any longer and Dean Tibbies has assured this writer that as long as this policy is in effect the school will not make statistics on U's and H's available so that prospective employers can do their own ranking. To the Editor Professor Steven Larson was denied a recommendation for tenure by the Tenure Committee of the Faculty of Law and Jurisprudence. It is our opinion that Professor Larson is one of the best teachers whom we have had in our experience as students. He is always prepared, always interesting, concerned about his students and dedicated to teaching.. He is always receptive to discussion about his subject, the law school and the profession in general. It would seem that the school would want to retain a professor who is concerned about teaching, as is Mr. Larson. Especially in light of the aloofness of many professors who teach here. One criterion usually used for evaluating a teacher's proficiency is his ability to publish. Professor Larson has, concededly, been deficient in this area. However, we feel that Professor Larson's ability to teach far outweighs this lack of publication, as is evidenced by his election as teacherof the year by the very students he taught. Leonard Berkowitz Alan S.Gould Letters to the Editor should be addressed to The Opinion, 11 W. Eagle St. Buffalo, N.Y. 14202. Letters must contain the name, address and telephone number of the sender, although his identity will be kept anonymous if requested. Letters may be shortened tifrSPftfoni at the Editor's A Law Student's Experiences In Political Campaigning-1970 by JeffreySpencer Political campaign involvement by law students can be one of the most rewarding experiences of a law school career. Furthermore, it can be a decisive factor in the success or failure ofa political candidate. With theidea that a better society is something to do something about, not just something to talk about, I became involved in the local campaign of Ned Cuddy, the Democratic-Liberal candidate for the 40th Congressional District. My motives for this involvement were similar to those of many others. Last spring, after the invasion of Cambodia by U.S. forcesand the killing of four students at Kent State, students from across the nation were sparked into a frenzy of activity aimed at protest over our nation's involvement in Southeast Asia and our sense of national priorities. Our President had vetoed a domestic appropriations bill of $500 million for schools, hospitals, and heart and cancer research, calling it inflation, while at the same time supporting the expenditure of $30 billion for the senseless war in Southeast Asia. Many began to wonder why a relatively small amount of money to help the people of our country was inflationary while $30 billion spent in killing people was not. The radicals pointed to these events as evidencethat there was no hope for the system and vowed to destroy it. Others, feeling that any attempt to overthrow the system was itself hopeless and/or that the system might be worth saving, decided to work within the system to elect candidatesmore responsive to the needs of the people. The following comments are my personal observations and evaluations from my experience in working for one particular Congressional candidate, Ned Cuddy. Ned Cuddy, a teacherof history and government at a local college, received the Democratic-Liberal endorsement for Congress in the 4oth District. While not 99% pure perhaps in the eyes of left-liberal students, he represents a clear alternative to the incumbant, Henry P. Smith 111. Smith has consistently given his support to most of the Nixon administration's policies and proposals, showing little initiative or independence in his six years in Congress. He voted to uphold the veto of the domestic appropriations bill, supports Nixon's Vietnam policy, and his votes on pollution legislation have earned him a "poor" rating by the League of Conservation voters. In contrast, Mr. Cuddy has called for a reordering of national priorities and the rapid withdrawal of our forces from Southeast Asia. In addition to having a position favorable to most students, the need in the Cuddy campaign for workers because of lack of funds makes it an ideal place for serious students to apply their energies. Since the regular party organization is in debt from the last campaign, it is unwilling to contribute to an unproven candidate. Ned has no personal fortune, as Mr. Smith has, and has barely been able to scrape together enough money for a brochure explaining his position. In the spring the prospects for student involvement looked encouraging. Caught up in the wave of activism following the Cambodian invasion and Kent State about two-hundred students committed themselves to work for the Cuddy candidacy/ However, in the few months since then, most forgot their earlier enthusiasm. At the risk of being called a heretic by my generation I must state that most students seem to be just as apathetic as the older generation they so roundly criticize. Social concern seems to be something to "rap" about over coffee or beer but not something to act upon. Out of the two hundred students who initially themselves to the Cuddy Candidacy, less than fifty have been willing to do anything at all. In attempting to get them to help out for a few hours on the weekend, 1 received such responses as: "I just don't feel like it" and "I'm going to the football game." In calling most students apathetic and complacent, I do not mean to play down the work of dedicated students such as the Concerned Law Students who truly expend 'Vnuch effort to work for their ideal of a more equitable judicial system. I am just relating my observations of student effort in the campaign 1 am working. committed Furthermore, to be fair, it should be pointed out that most non-students who probably sincerely committed themselves to work for Cuddy could not "find the time" when it came to acting on that commitment. As law students, it is particularly unfortunate to decide not to participate in an election campaign. Lawyers have traditionally been one of the most active groups in politics. One reason for this probably is a natural desire to help create the laws after studying what they are-with all their imperfections. Moreover, there is a great deal which a law student can do in apolitical campaign. In the early months prior to the election there is much research to be done on the voting record of the opponent if he is an incumbent. This is necessary because the challenger always has the burden of proof and because the incumbent has an unquestionable claim of experience. The voters must be shown why he should be unseated. In building your case against your opponent it is also necessary to research any public statements or press reports made by him. You must know your enemy, both his strenghts and his weaknesses. Once the record of your opponent has been analysed, alternative proposals have to be researched and drawn up so that your candidate can present to the voters a viable alternative to the weaknessesof the incumbent. In this area the special training of the law student is especially helpful. The drafting of proposals for a change in the laws or in public policy requires either knowledge of the present laws or publicpolicy or at least the research ability to investigate them. A proposal for something which is already 'on the books' may make your candidate look foolish indeed. Creative proposals for attacking the many problems which beset our society can be a major factor in making your candidate attractive to the Throughout the campaign your candidate will be questioned by the press and the voters on the major issues facing the district, the community, or the nation. As a law student you may have expertise in a particular area, such as pollution law, and be able to voter.^mt-ttic continued on page 4 �October 30, 1970 THE OPINION MinorityStudents Face Crisis 3 Legal Aid Clinic: A Place For Student Involvement Thirty-eight junior and seniors Thirty-seven minority Apparently, when questioned freshmen at the Law School have found themselves in a serious financial crisis which, if not solved, might terminate their law school careers and cripple an innovative attempt to increase the number of black attorneys in the United States. The students, who come from as far away as Louisiana and Biafra, arrived early in September by the students as to the amount of the aid they would receive, the recruiters mentioned that students the year before had received from were disappointed, however, as no funds were available. This posed an immediate problem for several of the students who, expecting aid, had left jobs and spent their last reserve funds in traveling to Buffalo. Two of the studentshave been forced to leave the program and return home. The rest of the students are presently in a difficult position. So far they have received short term loans of $100 each from the U.B. Foundation through the Dean's office. These must be repaid by Christmas. In addition the Black American Law Students Association (BALSA) has distributed $200 to each of the seven most needy students. This money came from the University's Office of Minority Student Affairs headed by Dr. Al Berrian. For the remainder of the year the only money that the students can presently expect to receive is the taxable $1200 from the Law School's work study program. These funds were not available to the students until six weeks after they arrived. However, the Faculty Minority Students Committee, which is chaired by Professor Joseph Laufer, has been endeavouring to raise funds to ease the situation. Their goal is to raise $2000 per student. According to Dean William Angus, there is a "good possibility" that the funds will be raised. The situation arose from the major drive initiated last year by the Law School to increase the number of incoming black freshmen. In 1969 there were nine black freshmen giving the school a total of eleven black students. As a result of intensive recruitment thirty-seven minority students were enrolled in the freshman class raising the total number of black students to fifty. It was the form of the recruitment which seems to have caused the problem. Three or four minority law students were hired by the administration to travel as far west as Michigan and as far south as Louisiana to promote interest among black students in attending the U.B. Law School. They were empowered to promise only that minority students would have their tuition wavered and that there was a good possibility of receiving a substantial amount of aid in the form of a work-study The work-study program upon which the minority students are depending is financed primarily by the Federal government through' the Department of Health, Education, and Welfare. The Law School initiated the program this year and was able to obtain permission for sixty-five students to participate. Eighty per cent of the funds come from the Federal government with the with the expectation of receiving substantial financial aid. They $2000-2600. These figures are inaccurate, as only one student received more than $2000 last year. On the expectation of receiving aid in this amount, many of the minority students left jobs and incurred debts in order to travel to Buffalo to begin study at the Law School. are in the Legal Aid Clinic, a three credit elective under the direction of James Manak, this semester. The clinic places students in the Legal Aid offices and involves them in other Legal Aid projects. Legal Aid gives the services of a lawyer to people who cannot afford attorneys' fees. There are guidelines based on income, liabilities and family size which determine a person's eligibility for Legal Aid. Legal Aid's main office is located at 310 Walbridge Building. This office is financed by the Buffalo and Erie County United Funds. Here attorneys work in the four areas of Civil, Public Law Guardian and Appeal. Students are involved in these four areas. The students interview clients, do legal research, and prepare pleadings, complaints and answers under the supervision of attorneys. There are five attorneys in the Civil division, five Public Defenders, two Law Guardians and four attorneys working on Criminal Appeals. Typical Civil problems pivot around land lord-tenant relations, consumer problems, matrimonial and family court cases, welfare and bankruptcy. Criminal cases are handled by the Public Defender and all criminal appeals concern the Appeal Division. The Defender, Criminal University's Minority Student Program and the campus disruptions in the spring caused many of was significant as the program receives four dollars in Federal funds for every one raised through private contribution. The administration was not aware of the minority student's expectations until their arrival in September. BALSA, when they realised that the program was experiencing some difficulties, sent out a letter dated July 16th saying in effect that the financial situation did not look good. Although this was fair warning to many of the students, one did not receive his letter until the day before leaving for Buffalo. Others, realising that this was an opportunity that probably would not come to decided to take a come anyway. them again, chance and The view of the students, as expressed by BALSA President William Lobbins, is that the Law School, through their recruiters, made a promise to the minority Lobbins, is that the Law School, through their recruiters, made a promise to the minority of professional advancement to people who have been educationally and culturally deprived and who still believe that they can advance in this society is an inhumane injustice if the offer has not been adequately pre-planned, financed, and well administered", continued on page 4 program. Police Recognition? At a legal observer meeting last Friday, Dick Rosche, head of the legal observers, commented that "the first legal observer has been recognized by the police." A law student in the process of observing some pamphleting at Bishop Fallon High School last Friday morning was arrested. Later in the day, the charges were dismissed. Identification tags and arm bands, which are more official looking than the legal observer identification the arrested studeni was wearing, were distributed at the meeting to the students who will be observing in the future. The arm bands, in the dark. incidently.glow on Poverty" program. Economic or social conditions keep many people in need of legal assistance from coming to the main office. The Neighborhood Offices attempt to bring legal aid to the people who need it the most. The clinic also places some students in the Law Reform branch of Legal Aid where attorneys are looking for and preparing test cases. A group of remaining twenty per cent coming from private contributions. Negative publicity about the the private donors and alumni either to cut out or reduce their assistance to the program. Particular objections wereraised about the changes in the scholastic standing requirements. The reduction in private funds Law Guardian works with Juvenile Delinquency cases. Third year students can try cases in all courts if a lega' aid attorney is present. This semester is the first semester that students have tried criminal cases in City Court. Next semester, according to Mr. Manak, third year students will try criminal cases in the County Court. In each of the four Neighborhood Offices in Buffalo there are four students and two attorneys. These offices at 148 Eaton St., 367 Niagara St., 481 Swan St., and 281 Ridge Rd. are funded through the federal "War AT WORK is Chuck Genese, one of four students assigned to the Niagara neighborhood office. tenants in a given situation may be represented in a lest case or a whole class of people in a welfare situation. Apart from the field work, the students meet with Mr. Manak for weekly seminars. An Examination of New York's New Off-Track Betting Law . Representing the traditional by Thomas Segalla moral opposition to the approval The New York State legislature of this legislation, Governor on April 22, 1970, enacted Thomas Dewey thought that it legislation which 'established " .would be an indecent thing off-track pari-mutuel betting in for government to financeitself so the state, apportions the earnings largely out of the weakness which to the state and municipalities it had deliberately encouraged." which choose to participate in the The proponents contended program, and reimburses the state that the legislature's primary and local governments and concern should be with the affected tracks from possible loss overburdened taxpayer and not of revenue due to the legalization with the moral issue. The of off-track pari-mutuel betting. opponents contend that the (New York Off-Track Pari-Mutuel legislation should be concerned Betting Law, eh. 143-45 1970 woth preventing harm to individuals who cannot afford to N.Y. Laws 193.) This statute amends New York bet in the program. In reality, State's prior law which however, individuals place betw specificially prohibited whenever they desire and thelocal pari-mutuel betting not conducted bookmaker will fulfill what this within the confines of a race track program doesn't. and further ends the disfavor off-track Legalizing toward unauthorized betting pari-mutuel betting would channel (bookmaking) evidenced by the this gambling urge into a program penalties of the New York Penal beneficial to the state. It should Law. It is estimated that be noted that a survey of the bookmaking operations supply British and Australian programs organized crime in the United shows an increase in gambling but of States with revenue between no adverse effect on their welfare $6-7 billion and that a total of programs. $15 billion is passed by way of The proponents contend that illegal off-track bets. Although the realization that moral issues these figures are only estimates. are not of primary importance they give some indication as to could result in effective progress the magnitude of the bookmaking in the reduction of crime and business and allow speculation increased respect for the law, and concerning the amount of tax lhat needed revenue will be revenue that could be generated generated to help solve both by challenging these operations. economic and social problems. The ineffective enforcement of In balancing these notions, the present laws and society's legislature enacted the statute permissive attitude toward which authorizes the formation of gambling have promoted teh a bi-partisan state off-track development of illegal pari-mutuel Betting Commission. bookmaking operations. In The Commission is given the addition, the position that power to establish and conduct organized crime has gained in systems of off-track pari-mutuel society has been boosted by these betting on horse races held within together with the corruption of and without the state. public officials and the imposition Participation in the program will of nominal fines by the courts. It be governed by distinct categories. is within this context that the New York City may be approved New York State legislature by the commission upon request, considered the establishment of while other municipal governed by an off-track pari-mutuel belting part ici pa tion is population and authorization by program local referendum. The statute simply provided that general prohibitions and specific attitude toward gambling have promoted the development of illegal prohibitions of the statute are generally designed to provide effective and efficient administration of the program and to promote horse racing as a sport instead of as a totally commercial venture. The municipalities have not submitted any specific administrative rules and regulations to the commission for approval. However, there are several prospective regulations that will have an adverse effect on reducing bookmaking operations and the success of the program. One proposal is that the collection of the winnings will be postponed until the first business day after the race. This will prevent the bettor from "churning" an (replaying) his winnings inporlant part of the small - bettor's method of stockpiling his earnings. Connected to this method of betting is the ability of the bettor to secure credit from his bookmakers. The failure of the program to provide a credit outlet could decrease its appeal to both the small and large bettor. A solution to this problem might be to allow betting, where the would be able to draw against an account. Another prospective regulation is to operate the betting parlosr during the business hours of nine-to five. This will conflict with the bettor's work day and will encourage him to continue to place bets at the illegal source. Thus this will not significantly reduce the illegal bookmaking operation. Also, the large bettor is not going to want thc internal Revenue Service taxing his winnings and reducing his profits. deposit individual continued on page 4 �page four THE Revo Sparks Shysters' Attack SPORTS October 30, 1970 OPINION Public Interest Law Firms by Donald K. Ross (PubUc Interest Press Service} by Alan Snyder Sports Editor Some people say that lightning will never strike twice in the same place. If you ask the opponents of U.B. Law's football team. I'm sure they will tell you different. In the past 2/: games (the third game was called because of rain) Stu "Rabbit" Revo has caught not two. not three, but five touchdown passes to lead the Shysters to two more victories. Needless to say. at this point Revo is the team's leading scorer. However. Revo will miss the Shysters next game because the front office has sent him south to do some recruiting with special attention to be paid to finding a place kicker. In the game against the BrontOS, Dan Martin hit Revo with three touchdown passes as the Shysters won handily 20-6. The extra points came when Martin "hit Tom Parmelie with a pass for the first one and when Vinny Tracy threw a chest pass to Revo off a double reverse. The defense proved difficult to penetrate with the opposition scoring at the last minute on a kick-off return. Special note must be made of Lee Ginsburg and Jerry Solomon who have been outstanding on defense. In the game against the P.J.s which was the second half of a double header, the Shysters again came out victorious 7-0. Once again the winning touchdown came on a pass from Martin to Revo. At this point Revo showed his style as a triple threat. Having proved his ability at running plays and catching passes, he now unveiled his talents as a passer by hitting Mark Rosenthal for the extra point. The game, which was close all the way, was marked by two outstanding plays. The first was a. fifty-five yard punt by Vinny Tracy at a crucial point in the game. The second was a block of a "P.J." punt by 64" defensive end Alan Snyder. This was an especially difficult feat as there is no rush on a punt and Snyder had to time his jump at the line of scrimmage. The two victories were shaded by injuries to the team. Doug Roberts came up lame with a pulled muscle in both his legs as did Don Haight. Alan Snyder pulled some cartiledge in his chest and may be out for some time. While playing the doubleheader football game, the Shysters learned that the club was sold to Peter Burke, a senior, for his old notebooks. Everyone is extremely satisfied. associates to spend up to 15% in public advocacy and the of their billable time on pro rejection of corporate practice, bono work. Still-the flow of there are still many corporate A student note soon to be new lawyers is away from attorneys and few public published in the Yale Law traditional corporate practice. interest lawyers. Journal defines public interest The explanation for this is The reasons for this trend are lawyers as those who represent not difficult to perceive. An simple. Public interest lawyers the poor, political and cultural increasing number support themselves. cannot of graduates dissidents and unrepresented have realized that a small There simply is not enough common interests, like consumer measure of pro bono work and money available at this lime to and enviornmental protection. It S 15.000 a year are not finance more than a few private embraces areas as diverse as sufficient compensation for 40 lawyers for the unrepresented in poverty law, conservation, hours a week of corporate each major city. Public interest radical politics and campaigns practice. Young lawyers who firms' clients, by definition, are for corporate responsibility. It vote and talk liberal have had unable to pay for their services. includes old civil liberties difficulty reconciling their Foundations are unwilling to attorneys and new political manipulations on behalf of support firms that are not tax lawyers. corporate giants with their exempt. For corporations to This type of law holds great deepest beliefs. They realize that support these firms would be to attraction for today's law firms which encourage pro bono act against their own best student. In 1969 there .were ghetto work would quickly interests. 1200 applitiants for 250 reverse thier policy if their Law students who recognize Reginald Heber Smith young associates launched class this problem and want to do Fellowships. There were even actions against corporate public interest work cannot sit more applicants for the few polluters or sued banks who back and wait for job offers to VISTA legal jobs available. refuse to make loans to roll in. They must seek funding Despite the fact that many minority entrepreneurs or in new areas and from new students may have been seeking chemical companies whose sources. r3ew concepts of draft deferments, there are still pesticides infect ghetto residents practice have to be explored to great numbers of law graduates in far higher proportions than fit today's situation. No one can who would choose public do this except the lawyer or white .suburbanites. interest law over conventional Pro bono work which can future lawyer desiring to practice. alleviate an individual's establish and work for a public This conclusion is supported immediate problems with interest firm. by the decrease in the number traffic court or Possible funding sources do of Michigan, Harvard and runaway spouse is encouraged. exist. Unions have enormous Virginia graduates to name Considerations of time, ethics treasuries and their members three schools that have and the firms' certain and families are all consumers that go disapproval prevent pro bono and are all affected by published statistics into Wall Street type practice. lawyers from getting at the root pollution. Firms have raised starting causes of many of these Federations of consumer salaries, set up pro bono ghetto problems. Partners would not sit groups, following precedents like permitted by subsidiaries and idly while their associates the Automobile Club, could sued the corporate clients who support legal services for its supply the bulk of their income. members. Attacks on corporate Unfortunately, there are few irresponsibility, product and alternatives open to the attorney health hazards, pollution, etc. who rejects major firm practice could all fit under the category in favor of full time public of consumer services. interest work. Aside from Plaintiff anti-trust suits that government or legal aid work, have the potential for generating private there few firms large might be a possible are The Opinion has operated practicing public interest law on fundingfees source. thus far with a very limited a every full time basis. For 20 Numerous other possibilities staff. We are badly in need of graduates interested in public exist. Students who hope to reporters, proof readers, interest law, only position practice law in the public one layout personnel and is available. The ones that do interest must take the initiative re writers, other personnel necessary for a exist frequently demand a now and begin to work in first class newspaper. Remember, greater financial sacrifice than whatever ways they can to landlord? - HELP WANTED this paper represents you across many are able or willing to establish new public interest the nation. All interested make. Thus, despite the interest firms. John Samuelson or leave a note at the West Campaigning Eagle Street office. continued from page 2 persons contact EMPTY DESK momentarily in awaits The Off-Track Betting continued from page 3 The legalization of off-track pari-mutucl betting will not and is not intended to eliminate all illegal booking operations. It is, however, intended to operate with minimal interference from organized crime. The experiences of Great Britain, New Zealand, Australia and France indicate that their programs have resulted in significant reduction in crime and have operated with only a minute intervention by organized crime. Our enforcement program has had limited success in reducing illegal bookmaking operations and may have made it a premium business. So if the state had maintained its prior legislation, it would be struggling with the same problems and also losing a significant amount of revenue. The failure of the pood oj office. workers expected Opinion program to provide a credit outlet could decrease its appeal to both the small and large bettor. A solution to this problem might be to allow deposit betting, where the the business hours of nine-to five. This will conflict with the bettor's work day and will encourage him to continue to place bets at the illegal source. Thus this will not significantly reduce the illegal bookmaking operation. Also, the large bettor is not going to want thc Internal Revenue Service taxing his winnings and reducing his profits. The legalization of off-track pari-mutuel betting will not and is not intended to eliminate all illegal booking operations. It is, however, intended to operate with minimal interference from organized crime. The experiences of Great Britain, New Zealand, Australia and France indicate that their programs have resulted in significant reduction in crime and have operated with only a minute intervention by organized crime. Our enforcement program has had limited success in ruducing illegal bookmaking operations and may have made it a premium business. So if the state had maintained its prior legislation, it would be struggling with the same individual would be able to draw problems and also losing a against an account. Another significant amount of revenue. In prospective regulation is to order to achieve the desired operate the betting parlosr during results, the program will have to provide strong administrative guidelines and some of the important services that the illegal bookmaker offers. Viewed in this manner, the legislation should result in a channelling of revenues that would supply the state and municipalities with financial assistance and have a significant effect on illegal gambling. brief the candidate on background information and any recent developments. Should your candidate take part in a public debate with his opponent, a solid and concise briefing by a group of such "experts" prior to the debate will do much to give him confidence knowledgability. Minority Students continued from page 3 The administration, however, says that no promise was made by the recruiters, that the figure of $2000 was mistakenly mentioned in reference to what minority students received last year. They further point out that written on the admission letter was a note which stated that the Law School made no promise of financial aid other than tuition waiver. Dean Angus noted that the situation seems about to be remedied through the efforts of the Faculty Minority Student Committee. He also stated that the minority students have been very understanding and cooperative. and needed be highly effective, as shown by Gene McCarthy's victory in conservative New Hampshire. In our impersonal society, people appreciate the fact that someone has expended the effort to personally come to their door on behalf of a candidate. More than once I've been told: 'If you're willing to take the time and trouble to go around for The law student can also be this man, I'll vote for him.* helpful in drawing up the There are only a few days brochure which hopefully points out your opponent's weaknesses left before the election. If you as I do, that Ned concisely believe, and and effectively capitalises on your candidate's Cuddy is the best man to the 40th District in represent strengths and sound alternative proposals. Care must be taken Congress, why not get involved? If you want to help, call me at to insure that the brochure is readable to the average voter. 834-1534 or call Ned at If you're not part of Just as the effective trial 833-7286. attorney must present his the solution, you're part of the client's case clearly and problem. effectively to the jury, the brochure must present the candidates case to the Any persons interested in electorate. ADVERTISING in THE In the Cuddy campaign the OPINION should contact brochure has become extremely crucial because there is very little money to finance a television campaign. It is my belief that a grass roots door-to-door campaign can Malcolm L. Morris, business manager, The Opinion, 77 W. Eagle St. Buffalo, N.Y. 14202. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1970-10-30 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/30/1970 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. 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If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/8dff823bd4fab829cea7610a464714ff.pdf ab1639cefab5a4ce39d9bb7ae1e6d4a8 PDF Text Text THE Volume 11, no. 1 OPINION State University 'New Breed of Law Student' Prompts Program With the aim of "bringing the new breed of law students into contact with the bench and bar". Erie County Court Judge Joseph Mattina and Professor Herman Schwartz have launched an experimental "Student Law Clerkship Program" in cooperation with U/B Law School. As conceived by Judge Mattina, the project is an attempt to channel the "constructive affirmative activism" manifested by today's law student into a program of mutual benefit to the student and the bench. According to Professor Schwartz, the students "will see from an inside perspective how the system runs". Professor Schwartz sees one of the program's beneficial aspects as enabling the student to take part in the system from a practical point of view. Origination of the Idea The idea" for the project originated from Judge Mattina's *deep concern over the widening gap between the "new breed of young lawyers" and the extablished bench and bar. This new breed is more concerned with the social aspects of the legal system than with its attendant material benefits. The judge notes the tremendous change in today's law student from those at the time he graduated from law school fourteen years ago. While Judge Mattina stated that a mutual respect between young lawyers and the bench is required, he hopes to break down the barrier of "awesome veneration" surrounding the The program would accomplish this by "giving the law student a chance to understand the judicial process anil the people in It." bench. Discussion of Issuesand Ideas The nature of the clerkships would call for a close relationship between the judge and the student clerks. Professor Schwartz stated that such discussions would "extend well beyond the specific cases". The discussions would involve direct and indirect references to current societal problems and the ability of our legal system to cope with them. According to Judge Mattina, the student clerks will discuss current students prepare cases and ideas. The will be required to legal memoranda on problems facing the court. Also, will be asked to draft decisions and observe the progress of trials. Together with his clerks or New York at Buffalo Law School October 20, 1970 Election Today Freshmen today will select six representatives to represent Ihem on the S.B.A. Board of Directors For the coming year. This marks time in two weeks that the class will vote. week the election of Mike Dzjak, Gene Gorfin, Judith Kamph, V.Y. Lewis. David Sands. and Dianne Woeppel was declared invalid by the Election Last Committee. Several reasons were listed in the brief written by the head of the Committee for the invalidation. These included the validity of the form of the write-in ballots cast, the manner in which the polling took place, and several other conflicts with normal election procedure. Several persons objected to the validity of the balloting before the decision was reached for a new election. PRESIDE-NT Boh Penny ax lie comes nut Budget Committee Monday, /story on page S.B.A. .?/ Starting work on the project this past Monday were Richard Pariser of the Law School and Larry Clarke of the School of Rehabilitation Counseling. They will be joined by twelve other students from the University within the next month. According to Clarence Sundram, executive secretary of the program and assistant to the coordinators, there are four basic parts to the project. Each part is aimed at alleviating certain types of problems of the inmates at the institution. Part one is concerned wilh the legal problems of the prisoners. This area will he handled primarily by Law students. Their duties will be to help the inmates with their criminal and civil legal difficulties. of Students' Draw a Blank On 1 c>7o Wednesday September 16. night of May 7 request that a news conference was held buckshot be brought onto the by the Concerned Law Students campus. The Governor's office said that and for Peace. 5.U.N.Y.A.8., and the Judge Mattina will constructively analyze the student's work for Cooperative Service Project Initiated for Inmates A new program of legal and social service for inmates of the Erie County Jailhas been initiated by the Erie County Sheriff's Department and the State University of New York at Buffalo. The program, which is funded by a grant from the Harvard Council for Law Related Studies, is one of six similar programs being carried on across the country. meeting 'Concerned Law New regulations procedures have been Niagra Frontier Chapter of the implemented to insure a fair New York Civil Liberties Union concerning the alleged "shotgun" form as well as content. As election. Among these are the incident of May 7. 1970 on the presently set up, the students random placing of names of University campus. meet with the judge on alternate candidates on the ballot and the After the alleged incident on weeks. For their work the rule that no write-ins except those the university campus a group of students will receive academic written in the handwriting of (he law students headed by Dick credit. voter are acceptable. In the last Rosche commenced an Two Students Chosen for Pilot election five of the six candidates investigation. Evidence during this Project elected won through the aid of accumulated investigation included: 78 On the basis of their "academic printed non-official ballots. eyewitness accounts of the events. acheivements and leadership medical reports of several students qualities" Professor Schwartz has treated for pellet wounds, perforated windows in Norton Un ion, several shotgun shells recovered, anil photos of wounded studenis and of the vehicle from which one shotgun was fired. This evidence, The "social broker" program is Rehabilitation Counseling, the according to the "Concerned Law the name given to the second part School of Social Welfare, the Students" shows that the shots of the project. Its object is to aid School of Medicine and the were tired by Buffalo Police prisoners in coping with their School of Education. Students officers. social problems. Students here participating in the program will The ''Concerned Law will attempt to identify particular work not only within their area of Students" felt that the best way problems of an inmate, then try to use this information would be to find an appropriate agency specialization but also in to present it to various agencies which can handle the problem, associated areas. This will enable who could conduct a more and finally, bring the two them to gain an appreciation of intensive investigation. These together. Students from both the the complex problems of several agencies included local officials. Law School and the School of related fields. Governor Rockefeller's office, the Serving as joint coordinators of Justice Department of (he United Social Welfare will work on this phase of the program. the program are Professor Herman States, and the Federal Bureau of Schwartz and James Manak. who Investigation. The responses from Part Three of the program is are both members of the Law these agencies were anything but stage. It will still in the planning School faculty. Students working heartening. assist in bringing medical in the Legal part of the program Buffalo Police Commissioner treatment and consultation to will be under the supervision of Felicetta answered the charges in inmates. Students from the while those in the a U.P.I, story, slating: "1 would Manak Mr. School of Medicine will staff this "social broker" part will be just as soon forget what happened area. supervised by Reverend Carl at the Buffalo campus that night. Continuing research into ways Burke, who is the Chaplain at the There are more Importtint (hings that the program may he made Brie County Jail. going on thai we are concerned more effective in its object of There will also he a number of about. I don't think we should furnishing aid and counsel to consultants who will assist with revive the issue." prisoners will be the object of the Felicetta also claimed on May special These include fourth part of the program. This is Professorsproblems. Louis Swartz and Lee 14 in a Buffalo Evening News necessary. Mr Sundram Teitalhauni Ihe Law School. story Ihut: ". Shotgun pellet of emphasized, so that the primary Dr. Bernard Greenhlatt of Ihe a in niu nit ion was not used or purpose of Ihe program, service to School of Social Welfare and Dr. possessed by any Buffalo police the prisoners, can he William Deßoo of the School of officer assigned there." accomplished. Counseling. Rehabilitation The "Concerned Law Any student who is interested Studenis" answer Ihis with signed Several Schools within the University are involved in the in working on the program should statements of an attorney and a program including Ihe Law conIact Clarence Sundram. He university administrator who stale School. the Shoo I of may he reached at Hs<»-43« 1. IllUt they heard police on the fulltime legal clerk, Peter Curtis, from . since the evidence was sent to the Federal Bureau of Investigation they would not "duplicate federal efforts". The Federal authorities did not interview or discover any other witness or evidence. The hoped for in-depth investigation has never been conducted. The "Concerned Law Students" ended their news conference with a request for adequate investigations and the issuance of public reports on their findings. Since nothing had been reaped from their requests for help, the students ended the news conference slating: "ll becomes increasingly difficult in such an atmosphere to convince students that efforts within the American system will bear fruit. This process, in fact, has increased the trend toward alienation of the students with the result being that sludents are turning to more radical solutions to their legitimate grievances." Two weeks after the news conference The Opinion asked Dick Rosche what has happened since September 16. ll>7o. Mr. Rosche said that the only concrete result so far has been a Buffalo h'vening News editorial calling for an immediate investigation and a release to the public of the results of this investigation. Mr.Rosche also said that a letterwas received from the Governor's office stating that there was Insufficient information and that the local government would have to handle any investigation. This was characterized as "passing the buck" by Mr. Rosche. A telegram was also received from the Justice Department stating that the evidence was inconclusive and that their findings would have to remain secret. When asked what his group intended to do, Mr. Rosche said there was nothing additional planned, adding: "Nothing is going to happen", it's like "healing heads against the wall." �THE .. 2 Editorial President's The election process which had somehow loitered along lor main years here at the Law School finally broke down last week From the dusl of the disaster have risen several reforms which are being initiated today in an attempt to restore this vital institution. The quick and responsible action of the Flection Committee is 10 be commended. However, we hope that these patchwork attempts are not the final efforts to correct this bad situation, It is obvious that additional reforms are necessary, Foremost of these is the need for stricter regulation of the voting and the polling place. Just as important is the necessity of fair play and equal opportunity among candidates. A pre-election meeting of all the candidates where both rules and resources could be discussed seems in order. At a time when the quality of our elected representatives is becoming increasingly important to us all. serious attention should be directed toward insuring their fair and democratic election. The Opinion begins lliis new academic year with hopes of being a semi-weekly publication which can be of increasing value to ihe School of Law. We feel that ii is time ihat a School of our stature have both the internal and external communication necessary for effective growth and presiicge. However, the paper cannol succeed without yourassistance. Let's build together. Advice to Non-Scholars by Bill Mai Tivman When one begins to study law. there is the feeling that even though ihe subjeel matter is changing, the system itself is a permanent thing. To keep this tendency in balance one should always keep in mind thai there is nothing sacrosanct aboul the subject matter, nor aboul the system. Medicine will survive the demise of any culture: sociology probably would also: but law probably would not, The bomb might fall. The revolution mighi materialize from the fantasy ol those who believe. When you sil down in every class you should say to yourself: "This ail might he useless tomorrow morning." 01 course the odds are that it will be useful knowledge tomorrow and the days after thai. (If these were not the odds I would not be here.l practicality. It is in essence, learning one. way of accomplishing the goals of yourself and others within ihe structure of this society. The study of law. as opposed to liberal arts in undergraduate school, is something which is very practical. hut because il absolutely depends on the survival of a particular social system, il is ultimately. absurd. Any studeni has to work out for himself a set ol priorities which will determine, il nol his actual study habils. then at leasl his desires in this area. 'I here is the extreme of spending almost every conscious hour delving into all the possible sources which courses raise and there is the opposite extreme of doing the or the less. X previous outlook on the subject mailer. thai the choice would he somewhere in the middle. Getting honors makes a student feel very good, but so does going to the movies, and reading novels, and talking to others. If getting honors precludes these things then it is not worth Ihe effort. Ideally the life ol a studeni should be one of the mosi enjoyable. For mosi studenis. being al cither ol Ihe extremes lakes ail ihe joy oui ol absolute minimum seems logical, given . school. Since this article Is might be added Hk.il basically (hose law read si udents who cease lo anything hut law become miopic and if not poorer lawyers in [he long run. then poorer human beings than they might have been. Withoul a doubt, (he hest investment of a lo go lo class. iry student's time is Professors always they consider cover what to iniporiain and logically enough. exam questions are also based upon what the same professor considers important. M any students skip class because they feel -thai they can get things on their own. [his almost always lakes longer and gleaning information from other studenis notes is a hit or miss method. From sheer practicality, it a student inlends lo invest the absolute minimum ol time, he should skip the outside work and go to class. President Announces Committee Assignments SBA President Boh Penny announced these committee assignments for 1970-71. Assigned to ihe Budget and Program Review Committee are R. Penny and P. Cardon, to the Appointments Committee. Murray Grashow and Bob Blazak. to the Professional Program Committee, Grace Blum berg and Bob Barber, and to the legal Studies Program Committee Pete Bush and Yin Tracy. Also assigned to committees are Sam Rabkin and Shelly Gould, Research and Special Programs Committee, C, Davis. G. Goffin, li. Riley and P. Hurley. Faculty-Student Relations Board. Joe Keele. Building Committee, and George Riedel and Fred Gugino. Internalional Legal Studies Committee. Harry Wymati was assigned to (he Library Policy Committee, Clancy Graltoand Rose Hamlin to (he Scholastic StandingCommittee, and Grace Blumberg to the Minority Studeni Program and Committee. More appointments will be made later to thai committee. G. Reidel was appointed an assistant to the Faculty-Student Committee on Placement. Professors Buergenlhal. Homgurger and Laufer were elected lo the GrievanceCommittee. October 20, 1970 OPINION Letters To The Editor Corner divorce Itself from any political activities and life propagation of [he upcoming weeks Ihe propaganda lo qualify as a lax S.B.A. Board of Director!) will he exempt orgainzation). ulloculing over Sf 0.000 lo various This is jusl a sampling of the organizations lor llie present problems and considerations ihe academic year. I lie major [ask Board of Direclors will lake into before the body ihis year will be account in formulating this year's Mil- formululion of a policy as to budget. I cannot stress the whiti organizations are within the importance of each individual realm of the SB. A., and thereby student expressing his or her view merit funding. Over the last few to his S.B.A. representalive on years tliis issue has been bypassed how he feels his money should he hy last minute "politicfng" hy the spent. Directors. However. Ihe lime has Let me remind the student lhal come for the student body, and the budget is for the entire year not just the Beard of Directors, lo and not just for the semester. Let decide just how ihe miney should your S.B.A. representative hear he spent. your constructive ideas now, nol Some concerned students have your futile complaints later. Malcom L. Morris Dlreudy voiced displeasure over To the Editor; In is my hope thai ihe Opinion become a real communication device benefiting all Law students. 111 thai end 1 plan on keeping the members informed of S.B.A. activities through ihe Opinion forum. ll will Future Activities 1. The S.B.A. budget will be ihe next three weeks following Freshman groups reiiucsting elections. Al funds should make themselves beginning October 13th available on Tuesday mornings at 10:00 lo defend their budget requests before the Direclors in Room acted upon over 108, 2. A social activities schedule for the year will be made available to all sludents at Shirley's office. 77 W. Eagle St. }. The 5.8.A.. in conjunction with B.A.L.S.A. and through Ihe Minority Student Program Commit lee. is working to effectuate a policy that will insure for the present program a viable and (he future. Accomplishments. 1970-71 The body adopted the policy future procedure by the President for filling committee positions. After asking for volunteers and a statement from (he applicants outlining their iiualific.it ions and reasons lor wanting a committee assignment. the Executive Board and one! 1) Director from each class will then recommend lo ihe S.B.A. their eh o ices to r co m mitt cc assignments. The S.B.A. held an election for (he Alumnus of the year for 1969-70. The award was given to Willard Myers HI. An election was also held for the Faculty of the year award. The recipient of the award was Steven L. Larson. Elections were held on September 25, 1970 for the positions of Ist Vice-President of S.B.S. and S.F.R.B. student representatives. EI ected Isi Vice-President and S.l .K-B: representatives. C. Davis. G. Goffin, T. Riley, and P. Hurley. for . , the preliminary budget allocutions for the social committee, the S.B.A. banquet and "I.aw Women". In addition to these, there also appears to be some doubt as to whether the S.B.A. will be able to fund the Black Students A m c r ic a n Law Association (BALSA) and the Concerned Law Si mienIs for Peace because of commitments to New York Stale (aside from Ihe recent resolution presented by the New York Stale Board of Trustees, the S.B.A. has agreed to Treasurer.S.B.A. the Editor should addressed to The Opinion, W. Fagle St. Buffalo, NY. 14202. Letters must contain (he name. address and telephone number of the Letters lo be 11 sender, although his identity will be kept anonymous if Letters may be the Editor's at requested. shortened discretion. S.B.A. OPINION THE Vol.ll, No. I October 20. 1970 Editor-in-Chief Assistant Edjtor John R. Samuelson Kathleen Spaun Malcolm L. Morris Alan Snyder Business Manager Sports Editor Ed Orlando. Warren Rosenbaum, Jeffrey Sommer. Clarence Sundram. Elliot 'Tunis. Samuel Newman Reporters: Photographer: The Opinion is published semi-weekly, except for vacations, during the academic year by the students at School of Law. 77 West Eagle Street, Buffalo, New York, 14202. the SUNYAB, Treasurer Explains Student Funds In this special report to area, please conlact (he 2nd VP of Opinion. Malcom 1,. Morris. SItA the SBA Miss JoJo Seggio. Her Treasurer, explains how the law official capacity is that of liason student's activity fee is used. between the law school and main Upon receipt by ihe Bursar, campus. It is from the SBA treasury the Sl5 is divided into two sums. One sum of 52.50 is given to the lhal ihe activities directly general fund on the Main Campus: connected with Ihe law school are the residual amount of 512.501S funded, lis working fund for this sent to the M&T Bank where Ihe year should he about SIO.OOO. This figure could be $2,000 to SBA funds are housed. Il is from (his '$12.50 per 53,000 higher, but many students studeni per semester thai thehulk do not pay their bills until ihe end of the SBA (reasury is derived. of the year. The aniounl from ihe machine Commissions from ihe lounge vending machines and Ihe tower commissions vary. This sum is pay phone floor form Ihe usually small and only meets the administrative expenses. remainder of the treasury,. The funds sen! to Ihe Main Willi these estimates in mind. I. Campus enable the taw students as SBA I reusurer, make the lo have Ihe same opporlunily as preliminary budget. 'This entails undergraduates to obtain campus (he allocation of expected funds services, such as Ihe low priced in ihe organizations, associations Ihealre showings. The Opinion is and committees which have made now operating solely on monies requests. This year their requests funded by Ihe Main Campus. amounted to over 515,000. An In ihe past we have seen thai itemized list is on record in Ihe the law school, as a whole, is SBA .(Mice, receiving benefits equal lo and We now have Ihe self-evident above (he contribution il makes. proble m of S 15,000 reg nested information For further in Ibis and SI 0.000 available. ihe using his own discretion, looks at each request and decides which organizations merit funding. This is extremely treasurer, difficult, and not final. ar,e his initial decisions The SBA President inspects his views and prepares a financial statement of his own. These two reports are presented to the SBA Board of Direclers. six from each class, and Ihe officers. At a budgel meeting each request is then reviewed with represenlalives from the organizations. From this meeting the treasurer hopefully ohiains enough Information and sentiment from the direciers so thai he can formulaic a final budget, ihe final budgel is re-prescnled lo Ihe Board of Directors and approved. This system, although nol infallible, in the past has been Ihe mosi equitable considering the shortage of lime. 'The" process lakes (wo weeks. 'This allows the organizations In gel into "high gear" before ihe end of October. �October 20, 1970 THE OPINION Legal Observer Group Formed SUNYAIi Information Servucs Buffalo, N. V. -Who did probably one of Ihe mosi hoily debuted questions when il comes lo civil disorder. Often there are 100 few impartial witnesses to clarify exactly who was involved and what happened. In an effort to help correct this silnation, the Concerned Law Studenis for Peace (CLSP> of the State University at Buffalo School of Law have established a Legal whal"...is Observers corps. Made up of about 35 selected law sludenls. the Legal Observers will be available al no charge lo groups in Erie Counly who feel a need for and request their presence. The corps has been organized with the assislence of Herman Schartz. professor of law al the University, and Willard H. Myers 111, a local allorney and recent graduate of the Universily. According lo Richard Rosche. Ihe law studeni in charge of Ihe Legal Observers, the group will follow strict rules of procedure to insure their effectiveness and Impartiality. 'They will be available for on the spol assislance where groups anticipate or have an immediate need for the observers. Its first formal assistance will be in cooperation wilh the local chapter of ihe American Civil Liberties Union at Ihe Halloween Dance of Ihe Buffalo Chapter of Ihe Matlachine Society, a homosexual organization. Summer Jobs Prove Valuable Experience Tour LIB law students. David The (ISP plans to keep the Chiarolanzu, David observers a small group, according Barry Donalty. and M. Curlette. Richard J. lo Rosche. "We think that we will Rosche. participated this summer be able to work mosi effectively in lhe Urban Corps Program. as a small body." lie pointed out This federally funded program. thai the sludenl group hopes lo which originated m New York supplement the Civil Disorders City under Mayor Lindsay, began Country Committee of the Frie in Buffalo in 1969. The program Bar Association. The Bar aims to give potenlial government Association Committee, which is workers added experience and chaired by Douglas Kirkpalrick. is qualifications by involving them a group of about 75 allorneys in local urban governments. The established in 1969 as a result of a sludenls participate in a general Kerner Commission Report program and in a specific one in a suggestion. chosen field. According to Mr. Kirkpalrick. Dave Chiarolanza and Richard the Civil Disorders Committee, Rosche work c d with thc which has gone into action on Corporate Counsel Office. Barry several occasions during its Donalty worked in the Warrant existence, postions it's observers Clerk's Office, and David Curlette in the police precincts where was in the City Court's Clerk's persons involved in civil disorders Office. are being laken. The students plan All four students found Ihe lo have their observers on the experience "invaluable", and they aclual location of the problems or praised the personal responsibility disorders. they had and the discretion they Among the guidelines which were allowed to use. They said Ihe have been eslablished by the law jobs were a learning process. sludenls for their observers are thai they wear identifying armbands at all times, act only as observers, in no way attempt lo influence anyone from doing or not doing anything, apprehend no one, not give advice lo anyone who could apprehend someone breaking ihe law. help peoplebeing arrested by taking down information, name s, an d deslinations. Identify witnesses, and take depositions as to what happened and which individuals and policemen are involved. According lo Rosche lhe group has specially printed forms upon which observers will lake down relevant informal ion. He suggested thai the studeni observers in campus disorders would nol act as marshalls but would be present io insure thai studeni rights were Upheld. Statistics Penny Proposal Accepted by Committee Al a meeting Monday of the Advisory Committee on Studeni Budgets, a mechanism for handling doublful sludenl organization budget requests was adopted. The Committee', which serves as advisor to Dr. Sigglekow in his review of hudgels, chose to review each budgel which comes before the Committee with each member giving his opinion. These opinions would then be forwarded lo Howard Duell and Dorothy Haas, to whom the authority of review 'ia> been delegated by Dr. Sigglekow. S.B.A. President Bob Penny, who authored the adopled mechanism, explained thai this would allow the Commit lee to Ottinger Appears Rep. Richard Ollinger appeared at the Law School yesterday as part of the Distinguished Visitors forum program. He delivered a short address many and then answered questions from the gathering. An article about Mr. Ottinger and his student committee here at the Law School will appear in the next issue of the Opinion. make fairer decisions than other mehtods, such as voting whether A second year student. David Curlette. who was a Judicial Research Assislenl lo the Buffalo City Court judges, said his position provided "not only a first hand view of judicial discretion bui also a fine background in substantive the law of New York." lie addid ■'with merely one year of law school as a background I found myself, al first, Ivewildered as lo the available legal sources and I heskills necessary for their proper use."' . defendants. The two sludenls working in the Corporate Counsel' Office deali with ambulance ordinance revision, census research, briefs on antl-bussing laws and police line-ups. obligations of Lhe municipal Housing Authority. for zoning problems, permits assemblies in Allentown parks. international policies. Ihe summer positions in lhe Urban Corps were secured by application to the Financial Aid Office. SUNYAB. lhe students received a three doll.v hourly wage. Students Promote Goodell Visit curb free discussion of each controversial budget and thus limit the Committee's usefulness as advisors. The Committee, which consists of representatives from the Law School, the Medical and Denial Schools, the Graduate Student Association, MillajjrJ Fillmore Collc ge, and tit c .■> tud c n 1 Association, was formed in order to advise Presidenl Keller in his decisions whether particular student organizations fall wilhin the guidelines set up by Ihe New York Board of Trustees in their resolution lasl week. Also on the Committee are administration representatives Howard Duell, Dorothy Haas and William Greiner. A fourth member to he named from the faculty is lo be announced later. A full explanation of lhe new review procedure for student funds will be published in the next issue of the Opinion. wrong time " Scnaloi Charles Goodell was Fighl against the ad hoc committee called Buffalo Senator may have been referring co-leader ofIX.theCrime Hill, with its Law Sludenls for Goodell is in part to a recent interview with repressive provisions tor wiretapping. Buckley ol the New York headed by second-year sludenls lorn Jim Schwan. liric Byne and Larry Times in which Rep. Ollinger im-k nock a iul prey en l ive admitted having written onh ,one Scharpiro. lo vole against Ihe ll><.'» The commitlee's first function piece of legislation in his six years senators a\m\ 1970 Mililar) Appropriations was to help organize the Oct. 5' in the House. Bills. Goodell rally for Goodell in Lafayette Ihe Taw School Square. Their efforts of pulling committee contends that Goodell lhe Taw Sludenls for Goodell up posters, passing out leaflels. is not a "routine liberal" bill a working with sound (rucks, etc. man of leadership who has written until the November election. All was evidently successful since a 44 pieces of legislation in his 22 interested students have been months in the Senate. Ottinger's large crowd turned out. At ,the rally Senator Goodell record is one of co-sponsorship replied lo vice-president Agnew's biller attacks on him as lhe leader of "a group of radical-liberals." The senator said that il must be fun lo think up words like "effete snobs" and "rotten apples" but such phrases do not help solve the problems. Goodell said thai New Yorkers will no I c led "a packaged candidate" like Otlinger. He where he agrees lo lend his name lo bills that others have written. according to the committee. Also speaking al Ihe rally was. New York Mayor John Lindsay and singer Brook Benton. Mayor Lindsay lold lhe cheering crowd. "Il was Charles Goodell who forced the Senate lo ask itself what lis responsibility was for an endless war (hat never should have scholarship, and for charily, lhe president. Mrs. Roberl Blaz.ak. whose husband is a junior, feels Ihal with lhe aid of their S.l yearly dues, "our social funds can lie earned by ourselves." They have not. as far as she knows, received funds from (he SBA in Ihe pasl. 'Their problem is understandable. To be effective one needs And yet there is a question of priorities. II they have not been an effective organization in ihe pasl. should they now receive funds from ihe , The Law Wives, whose membership may reach one hundred and twenty-five women I his year, want funds for speakers, for a stretched He does however feel the experience was noi all positive. Rosche said that those in city government with the power were reluctunt or opposed to taking action on Ihe problems of race and hiring practices, pollution. police misconduct, political ha rassmen I and sludenl problems. Ihe program. Rosche feels, gave him insight into the real prejudices which dominate many individuals in ihe government. The general program which was open to all members in Ihe Urhan Corps, included seminars with administ ral wrs. led ures by counciliuen. and meetings with American and foreign sludenls where views were exchanged on polnics. sludenl movements, and Donalty wroie up Information, which he obtained by police interviews and through private citizen complaints, for the City Courl Judges' use in charging SBA. budgel'.' Rosche fell the was informative and beneficial, lie said. "The law studenis were regarded as equals with lhe other attorneys. The sludenl opinions were given full weight." experience Arrest warrants, summons and subpoenas all originate in the Warranl Clerk's Office and all criminal actions are initialed there. 'Law Wives' a tighlly Buffalo. Richard Through his clerk work in the warrant Clerk's Office. Barry Donalty said that he learned the various functions of ihe whole city courl process, "which." he said, "was something i had never known before this past summer," Law Wives The Law Wives, an organization perhaps of interest to the married students in lhe law school, has added their request of S 1.000 lo the many financial requests under consideration by the money. interpretation of the Model Cities minority hiring obligations, and a n opin i on .i nt he consi iiut ionalily of banning leaded gases within the city of A group of Buffalo Law c h arged I hat Congressman studenis have organized lo help Ottinger "has done very little on to accept or rejecl each budgel. work for lhe election of Charles his own in six years" in lhe House Mr. Penny fell thai voting would Goodell lo the U.S. Senate. The of Representatives. The Junior making 3 SINATOK OIAKI.rS (iOOI)l 1.1 ami M'W Y»rk\ Mayor John iialixy m ttilk with v ht-al vuiiifiiuyn worker (tiny tltcfr irtrm li'm in Buffalo. Llmlxvy rally Senator Goodell was the first lo introduce lhe war in Asia: while Rep. Ottinger. according lo Goodell's committee, opposed his attempts to reassert Congressional l authority over war-making member of legislation In end '> Southeast powers. Ihe committee further pointed out thai as recently as Nov. 19, |9(i9. Ottinger said. "I do not udvocale precipitate unilateral withdrawal-nor do I support Ihe proposal of Senator Goodell for a fixed timetable of withdrawal. Bolh of these proposals play into Ihe hands of the most militant com m unisl c lements. risk a bloodbath iii Saigon, and 'would probably upsel ihe balance of power in Southeast Asia." I n IMGS. Ottinger defended President Johnson's Vietnam policy as "one of I he of gre.itesl ads statesmanship in world history." After lhe rally, a number ol law sludenls joined the Senator al luncheon al (he fund-raising a SlatTcr-llilton. He spoke and I hen questions from lhe answered �October 20, THE OPINION 4 SPORTS Shysters Win in Court by Alan Snyder U.B. Law's football team, the Shyslers. won their second straight their record so far this season lo two wins and no losses. The win. over a slrong Sammy fraternity team, convinced many that the Shyslers are on their way to another winning seas The Shysters were champions of their league lasl season with a seven win and one loss record, and came into Ihe new race seasoned veterans. However, earlier I his year in rookie camp several brighl prospects were called upon. "Two new ends. Doug Roberts (Cornell) and Stu Revo, who sat out lasl season in a contract dispute, proved good enough to break into the lineup. Don Hale, a king-si/e rookie, is at blocking back and so far he is doing his share of hilling. game last Wednesday (o bring Registration Statistics Reflect Change This may surprise many sludenls who were here lasl year. lull this year the school managed lo squeeze 4X more studenis Into 77 West Eagle Street. Considering lhai a few sludenls last y:ar predicted lhat with an increase in enrollment we would find some professors holding classes on the Erie County Building lawn, Ihis year's rise from 483 to 531 sludenls is pretty remarkable. According lo Mrs. Dean of the Registrar's Office, the classes With the defense secure. Shyster quarterback Marlin went back to work and took the team ninety yards on four plays for their second touchdown. Lee Ginsburg caughl both the touchdown pass and the pass for the extra-point making the score 13-7. However, "Sammy" scored again on a broken play and pushed ahead once more 14-13. Playing, a superb game, and undaunted by Ihe task ahead, quarterback Martin outguessed his opponents by constantly mixing his calls. He began by Ihrowing several passes to "RAbbit" Revo who was throwing more fakes than a phoney magician. Then, when lhe "Sammys" were forced to double coverage on Revo. Martin Ihrew to center Mark Rosenthal for what proved to be the winning louchdown. At this point the defense of Parmelia and Snyder on the line, linebacker Solomon and cornerback Bob Levale made a determined stand. Although the last few minuies were hard fought, wilh tempers flaring on both sides, there was to be no more scoring and the Shysters went on to win 19-14. The Shysters play every Wednesday on the Main campus and all are urged to attend. There was a special game with a team from lhe "Who Knows League" on Friday, October 16th. The opposing team was the Chosen Children who were led by Captain Malcolm Morris. On the roster were such notables as David O'Conner. "Sugar Bear" Rodecker. "Scrubby" Novak, and Tom "the Bomb" Nolan. Coaching the Chosen Children was novice coach Jeff Delaware Park. Advice to Sommer. The (cont'd, from page 2) involved in other activities or to simply enjoy life. It will not involve long nights and weekends of bookwork. This leads nicely into the conclusion of this article, which is, that the student should enjoy his life. Do those who view school as a means of competing with others and are driven to excel enjoy themselves? The question lo ask yourself is not "Should I become a lawyer?", but "Do I like being a law student right now?", Any persons interested in ADVERTISING in THE OPINION should contact Malcolm L. Morris, business manager, The Opinion, 77 W. Eagle St. Buffalo, N. Y. 14202. three poinl system median college average of year's freshmen is 1.83. a from lasl year's median of the this York State. Traditionally, law has not been a profession open to many women, but times may be changing. There are 26 women freshmen. In last year's freshmen class, there were, only ten women. THIS PICTURE ofthe crowdedhalf ofthe West Eagle Street building reflects tlte new characteroft'>e student body. Goodell said that while Ottinger opposes a conscientious objector exemption for those opposed to serving in the Vietnam War, he has introduced a bill permitting selective conscientious objection. selected Allan B. Norton and Joseph DiNardo to participate in the initial project. Professor Schwartz felt that these two students were "representa live of sludenl thinking". Both arc senior honor students at U/B Law School. Mr. Norton is an editor of the Buffalo Law Review, and Mr. DiNardo is a member of the "Concerned Law Students for Peace". Criteria for Success Judge Mattina states the prime criteria for the success of the program as a ''greater understanding for the individuals involved" in the legal system and the flow of nes ideas into the judicial process. If successful. Professor Schwartz stated, the program could make the judge's job a little easier and would offer a "good educational experience" to the students participating. Even with the success of the pilot project, the expansion of the program will ultimately depend on whether other judges will be component of a broader concept envisioned by Judge Mattina and Professor Schwartz to bring more relevancy into contemporary legal Eventually, Judge education. Mattina related, he would like to see "all relevant courses taught in the first two years of law school and the final year reserved for a period of professional internship". The judge is of the opinion that Ihe nature of the legal profession mandates a period of practical experience before entering into practice. While the majority of judges in the United States have no clerks, the addition of clerks, as Goodell also said that Rep. Ottinger's record shows on July 25, 1968 he voted to require colleges to deny federal funds to students who participated in serious campus disorders. Goodell has voted against this bill calling it an intrusion into academic freedom. Later Goodell stated that he opposed the "compulsory testing to catch drug abuse young people" and pretrial detention for treatment of narcotic addicts. Goodell voted for the ban on Judge Mattina, food shipments to the United would raise the standard of legal Arab Republic. He is the author decisions. The judge stated that in of an amendment providing for an this respect "a law clerk is airline boycott of any country absolutely essential for a trial harboring hijackers or hijacked judge". envisaged by inclined to accept student clerks. Envisioned as Part of a Broader Program This pilot project is a game was played in Non-Scholars Using this system of always being at least minimally prepared for class and attending all assigned classes, one'can be a good student and have ample time to be year's freshmen median was 553. On a rise break down into 206 juniors. 199 freshmen, and 1,65. 12ft seniors. Thirly-seven of the freshmen arcOppressed groups have a better deferred freshmen: mosi of whom in the are reluming from a term ill the representationper cent entering of the class. 15.5 Army. students. The median LSAT score of the freshmen are minority minority freshmen entering freshmen is 586: last There are 37 while only ten minority students in the combined junior and senior classes. Nineteen of the minority students are Western New Yorkers. Seven are from the City and eleven are from outside New in their first game the Shysters walked off Ihe field with the score nine to six in their favor. Although (he offensive unit failed lo impress, fine efforts were recorded by the defensive and special teams. Willi lhe score lied nothing to nothing early in Ihe first half. Alan "Mad-stork" Snyder (Bridgport) crashed through the offensive line lo catch Ihe quarterback in lhe end zone for a two poinl safely. In Ihe second half, rookie sensalion Doug Roberts, on a single reverse of a punl. ran it back eighty-five yards for a touchdown. A second later Dan Martin (Buffalo) connected with "Gentle" Tom Parmalie (Clarkson) for the extra poinl. Although the Shysters record now stood at 1-0. they went into their second game heavy underdogs, for they were facing a very slrong "Sammy" fraternity team. The scoring started early With their star quarterback Dan Martin hitting center Mark Rosenthal (Miami) with a twenty-five yard touchdown pass. The "Sammys" came righl back to score and go ahead 7-6 as lhe Shyslers has bungled their chance for righl back io score and go ahead 7-6 as the Shysters had bungled thier chance for the extra point. But the young lawyers were not to be denied. Outlined against a Jerry Solomon (Buffalo) was outstanding in blitzing and breaking up the plays of the opponents while single safety Lee "Hondo" Ginsburg played his usual fine game, breaking up the "Sammys" plans and also intercepting a fraternity pass. Tew present will be able to forget the play of Vinny Tracy (Providence) who showed traces of Lem Barney in his corner-back slot. 1970 Competent work is important. When three years are over one should be able to say that he learned enough to be a good lawyer, but it is just as important to say that it was a good three years of my life and I would do it again if I could. Beer Social As the turnout al the second S.B.A. Beer Social showed, the frequent event is quite popular with the student body. The last social, which was held October STUDENTS anxiously await tapping of keg at the recent Beer Social Bth, was well attended with the amid rumors and memories of long delay. lounge crowded with thirsty young lawyers. However, the purpose of the recommend a Social was hampered by the constant review of material. almost complete absence of Perhaps this is the best way to faculty members. It is a shame obtain honors, but il is also a very that such a good opportunity time consuming process. If your for students and faculty to object is lo obtain passing grades socialize on an equal basis is and lhe adequate legal education wasted through (he that such grades imply, constant non-cooperation of the faculty. necessary. review is not There is one thing, however, that is A reporter to the Opinion. necessary. This is; do all assigned who chooses to remain work on time. Forget about ananymous, reports that all was recommended material if you like; not lost, however, as the facully forget review; but don't fall behind on assigned work and share of the liquid refreshment always do that which is discussed was donated lo a very worthy cause. in class. Most professors THEIR I\.t\RS allayed, all rush in to enjoy the brew. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1970-10-20 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 11 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/20/1970 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/211513921174054a3951dbcd4455fdd4.pdf 0b609a96a2762104c2a15e87e607302f PDF Text Text Faculty to act today Grading reforms passed by students Grading reforms have been The standards for eligibility adopted, at least by the were altered; students may students at the Law School, remain in school so long as they ending several years of student perform satisfactorily in a unrest and discussion about the designated number of courses, school's grading, eliggilbility and and students may graduate if ranking standards. they have completed the The reforms were proposed number of hours required by by an ad hoc Grading the Court of Appeals. Committee comprised of three The overwhelming student faculty members and four ratification of the proposals students. The reforms received came as a surprise, since the overwhelming endorsement in a student body had split severely student referendum last week, last spring when presented with and the faculty was to consider several' grading alternatives in the proposals at its regular the referendum on the proposals meeting Wednesday. Although of the joint student-faculty was on the agenda, the commission. faculty, because of lack of time, Freshmen were nearly never considered them. A special unanimous in their approval of meeting will be held today for the proposals, endorsing the the facutly to vote on the package by a vote of 177-10. proposals. Juniors were more divided but The porposals included three accepted the committee's proposals major revisions in the by a margin of 60-24. procedures for evaluating Seniors approved the reforms student performance within the 49-10. Law School: The committee proposed The grading method was that the reforms, if adopted, changed from a numerical apply immediately to the system to a modified pass-fail freshman class. However, the system utilizing three categories committee suggested that the Unsatisfacotry, Qualified, and reforms, if accepted, not apply to the present seniors or juniors Honors. The numerical ranking of until the next academic year (i.e. when they will be seniors). students was abolished. the issue - Vol. X The upperclassmen rejected the committee's porposals for implementation opting for more immediate application. Among the junior class, 51 preferred that the reforms go into effect this year, 10 preferred that the reforms go into effect this year, 10 the number grade does not itself tell a student what he has done what he needs to alter or to improve his performance." The report added that numerical grades create wrong or meaningless distinctions among students may mislead preferred implementation next year, and 23 desired that the reforms not be applied to their class at all. In the senior class, 34 students chose immediate implementation while 27 indicated that they would prefer to graduate under the current grading and ranking systems. The referendum also permitted students to vote on the individual proposals of the Grading Committee. These too received enthusiastic support margins of 4-1 from students by or better. The Grading Cpmmittee presented and defended its proposals in a 22-page report distributed to students and faculty prior to the referendum. - No More Ranks Freshman SBA representative Mike Stebick accepts ballot from voter. Students adopted Grading committee proposals abolishing number grades and ranks in last week's the numerical awarded at the Law School the report noted that "even assuming the faculty were accurate to the numerical specificty that is now employed, Criticizing grades now referendum. The OPINION No. 3 that propestice empolyers. "Although grading differences will often indicate nothing about the Friday, Dec. 19,1969 Political trials examined ' We're repression." in for a long night of were accused of "resisting, impeding and opposing federal officers," and the results of the trial were three acquittals, one hung jury and two convictions. "I feel the federal officers had a reason for bringing in who they brought it was a political act on the part in of the government," Mr. Meyers said. "There was a desire on the part of the government to remove a certain group of Professor Herman Schwartz perhaps unwittingly sounded one of the themes of Saturday's panel discussion when he introduced some of the leading defenders of the victims of repression: Leonard Wineglass, Williams Homans and Bill Meyers. Also on the panel in the Haas Lounge were Edgar Fridenberg, sociology professor at the State University of Buffalo and Mickey Leaner, a student at the University of Chicago Law School who is on the legal staff of the ' Conspiracy Eight Trial. Mr. Homans, who defended Micheal Ferber in the famous Spock conspiracy trial, told the overflow crowd in the Lounge that the Spock case "solidified and brought together the peace movement." He told the group about the manner in which the defense attorneys handled the case: "we, perhaps mistakenly carried on in a very gentlemanly fashion. We let the system run us too much." If a lawyer has the attitude "don't get into any battles you can't win," Mr. Homans said, "the system will continue to run us, instead of us getting in and running it" Terming the Spock case a "classic political trial," he commented that "what defines a political trial is the issues involved." Mr. Homans noted tha it is the function of lawyers and law students to "see that the judges change their attitudes," and that "all public officials have to rethink their attitudes about getting to the truth and dealing with it and its consequences." Relating one aspect of the Spock case, Mr. Homans said, "The trial was done in a cut and dry manner, with an eye to the court of appeals. We were surprized when at the end of the trial we found out that the jury did have empathy toward the defendants so we should have approacehd the trial more - people because of activities they were engaged in that threatened the system." Mr. Meyers noted the systematic surveillance that he the defendants were under, including FBI dossiers of their activities. "The officers who made the arrest knew who the people were knew that they were active in leftist politics," The Buffalo attorney noted the differences between the Buffalo Nine Trial and the Spock trial: "We thought - - Political Trial Discussion Panel members Mickey Leaner, Leonard Wineglass, Bill Meyers, Herman Schwartz, Edgar Friedenberg and William Homans examined the impacts and tactics of political trials at Saturdays panel discussion. it would be possible to educate the hury. We attempted to show the jury exactly what kind of people the they did not dress in defendants were shirts and ties, they admitted to being - secret rendezvous. Once such witness edits CBS news a $30,000 a year draft resistors. We attempted to advertising executive. subpoena the dossiers to prove that it Relating the tactics of the to prove the was a political trial prosecution in the trial, Mr. Ginsburg. surveillance." Mr. Ginsburg had testified concerning Mr. Meyers commented that "it is the events that had led op to and very important in a political trial for the followed the happenings in Chicago. On defendant to explain his motivation fo cross-examination Mr. Ginsburg was not the jury. At the end of the trial the asked about about the facts he testified jury was educated, they listened to and to, but concerning a 19-eyar-old book of appreciated the reasons why the poems that he had written. defendats had done what they had done." Eight trial who "is not This, Mr. Wineglass used as an accustomed to speaking for more than example of "the whole thrust of the two minutes wihtout be interrupted," presecution told his aduience some unreported facts about the current trial. He called the jury the "first federally financed commune, noting that they have lived together for the last nine weeks at a rate of $50 per day. Mr. Wineglass related facts concerning certain witnesses for the politically." pad FBI informers Bill Meyers, defense co-counsel in presecuation the recent Buffalo Nine trial, recounted that' included trappings of the the basic facts of that case, which he prosecution paid FBI informers that termed a political trial. Six defendants included trappings of code names and - - - — - — against what the defendants represent, not against what they did. Completely capturing the audience was the next speaker, law student Mickey Leaner of the University of Chicago. Condemning the separation between some lawyers and the people, Miss Leaner said law students, especially those who were in the Movement before they came to law school, "are here to affirm that we are definitely part of the people." She called the giving of diplomas "an attempt by them to define your identity by giving you a piece of paper. A lot of people are into burning pieces oi paper because it's separating. us from the people." Turning to the issue of political trials, Miss Leaner commented that "every trial with young people of certain attitudes is a political trial not just important people are involved in them." Referring to Attorney General she said that he is "trying to smash the cultural revolution also, not only dissent." Miss Leaner added that Mitchell, "it is a full scale, all-out war on the people. There is no difference between what happened in the streets in Chicago and what is happening now in the courtroom they're just escalting their tactics.',' - Edgar Fridenberg, noted social critic of sociology noted that a trial is a "showing of the dignity of the law and the majesty of the state," while the most important part of any legal and professor proceding is. the pretrial period. �steel glass EDITORIAL: Is anyone out there alive? anyone here hasn't noticed, this school has an amazing ability to raise burning get excited and hot for a day or two, then issues, give the issue to a committee or the SBA, or group that has many members and no some other public action, and then let the issue die from exposure lack of and exercise. What causes this? Surely noone here is afraid of controversy. Hmmmm. Case in point remember back in November when some real concern was voiced over the departure of Proiessor Fleming from the law school to become the University Advocate? Students were enraged, faculty were enraged, and some even questioned the values of the University that led to the leaving of Professor Fleming. A resolution was passed in a referendum (ah, salve for the soul of a strung-out referendums In case — - SBA) "requesting" the faculty to quit all University-wide committee memberships and then the faculty voted "in spirit" with the student request. Whoopee. That made everybody happy and content, and didn't change a thing. The referendum syndrome strikes again, with its side effect of a false sense of accomplishment. have you quit University-wide Faculty committee memberships? Why not let the students know publicly. (That is, if the wonderfully involved student's actually care anymore, which is another story entirely.) And what about the request that was to go before Acting President Regan? Was it lost in the morass of acting presidents at the University? Why no, our own SBA president finally got around to presenting it to Mr. Regan this week, only a month after the issue was raised and the letter tc -egan requested. The "manpower drain" request, as it is called, centers around the lack of faculty members that devote full time to teaching duties, and requested from the University three new bnes in the budget for professorial positions for next semester, and nine new lines in next year's budget. All indications are that this - by AI Dragone formerly hot issue will join the ranks of the good intensions and lost opportunities unless some real pressure is applied soon. The problem lies as much with the students as with anyone else. Don't you realize that this school and your education are a reflection of the kinds of thought and action that you involve yourselves in? If the majority of the students sit back and do nothing, the school will do the same thing, only 44 freshmen voted on the issue of whether to retain the SBA representatives that were appointed by the senior SBA reps until the end of the spring semester. The vote was 23-21, to keep them. This is participation? Is this the kind of concern that will ensure a vaiable and workable government among the students? So now the freshmen have the smallest of a minority consensus for their class representatives. Not only is the fact that only 45 freshmen bothered to vote deplorable, but those who did decided to waive the right of elections for the freshman representatives. They voted to keep appointed representatives and have no elections at all. The turnout of the upperclassmen is only slightly better than the freshmen's. If there is any wake up. thought that the SBA is unimportant The very apathy that you may think shows your contempt for the organization is just what makes it more powerful. If the students at large are not willing to concern themselves with any of the issues that are presented, that gives the SBA the - freedom to take all the action and become the voice, accurate or not, of the wishes of the students. Actually, the SBA will only reflect the wishes of the SBA if nothing is done by the majority of the students to prevent this. For a start, there should be more publicity for the various referendums that are held, information available on both sides of the issues, and, most importantly, a followup on the results of the implementation of the results of the referendum, with perhaps a report to the students and to the faculty. Maybe this would put a stop to the "referendum syndrome." Grading reform at last Tdoay the faculty will vote on the grading recognizes the advantages to them that the system provides. Putting a number grade that even committee proposals that have already been overwhelmingly endorsed by the students. Yes, remotely resembles fairness on an exam answer is the students have come to the surprising something that blind justice,' although often realization that the present grading system, which invoked, can seldom insure. puts most emphasis on the results of one three If the faculty adops the no number grade, no hour test for each course, and puts a number on ranking system, the days of UB Law School everyone to aid our sense of identity, is archaic Factory may be numbered and a new attitude, and destructive of the real reason for any kind of one that places knowledge above numbers, may education. Surprize! We are here to get an even emerge. With pressure for a grade off the and we don't mean just a legal education students, they may even do more than memorize not to get stamped with a number a list of facts and education then call themselves ready to that places us in a little pigeonhole from which become lawyers. There is more to life than tort we can never hope to emerge. feasors, in case anyone cares to look around. The students thankfully have seen the inequities of the old system after all, they have In connection with the grading reform issue, lived 'with them for a long time. Even those who the faculty must be congratulated. Because of haven't faced these inequities in law school yet, their usual postponing of anything important, the freshmen, recognized the problems they most of the students will be leaving their —— - would have to face with the specter of a "class rank" looming in the future, ready to pounce with an unfavorable position that will be a ready-made indicator to potential employers that no matter what their actual ability who cares about that will ensure that none of the employers will come knocking on their door. The question of whether the faculty will respond to the decision of the students still remains open. It seems unthinkable that any faculty member would vote against the grading changes. A clearer mandate would be hard to imagine, and certainly besides the inherent advantages of the new system the faculty also — - respective homes today with no idea which grading system they will be coming back to in January. Although surprizes are nice, this is one we would prefer to forego. No student should have to be ignorant of such an important matter as the grading system that he is under. As soon as a decision is made by the faculty on the grading system, and there is no reason why that will not be today, every student should be made aware of the results, if necessary by individual letters to his home. The state of ignorance that will we be in if no steps are taken to inform us of the faculty's decision not only makes for a dissatisfied student body, but also an angry one. 'Once upon a time there was a Congressman named Charles. Charles represented a good little goy district n upstate New York. Charles was a good little obediant Republican and warmed the hearts of his good little Republican constituents every time he voted against those Communist things like the Poverty Program. Charles was a very conservative little Congressman from a very Conservative little district. Then one day Charles woke up and Robert Kennedy was dead. Enter Gov. Rockefeller to perform a bar-mitzvah. Now old Uncle Nelson is a shrewd man. Most people in his own party thought he was too liberal and most Democrats thought was unreliable and not really a liberal. So here he was in a he dilemma. The Republicans saw him the wrong way and the Democrats saw him for what he was (or wasn't). Charles looked like an excellent choice to fill the vacant seat in the Senate. When they complained, Nelson could explain to the conservatives that the boy was really a conservative and he could then haul out his House record. To the raving liberals, he could argue that Charlie was very young and therefore was very liberal. Nelson thought he had struck.gold. It was, of course, fool's gold. Charles E. Goodell, boy-liberal, is, after all of the shallow glamor is stripped away, neither a boy, nor is he a liberal. He is merely a rather inept politician trying to get reelected and become the Republican Bobby Kennedy. at which ceremony he After his elevation to the Senate Sen. recited reverently the phrase "today I am a liberal" Goodell began to outfit himself in the trappings which he grew He liberal. some sideburns apparently thought would befit a the longest in the Senate bought some wide ties and talked almost irrationally on almost every major issue. This was apparently Sen. Goodell's idea of a liberal. From the beginning, Goddell was a liability to Gov. Rockefeller. In a rather crude attempt to grab the limelight in a hot political year in which he was not even running, Goodell proceeded, in fall 1968, to criticize the presidential candidate from his own party (remember him?). In a campaign such as last year's and for someone in Goodell's tender position, this was a rather stupid thing to do. Goodell has still not learned his lesson, he is still criticizing the President and trying desparately to act like a liberal. He is the best weapons that the Democrats have against the President in this state. He makes extravagant proposals that have absolutely no chance of happening. The Senator's strategy is juvenile. He knows that there is no way for a Republican to be elected in New York State without a gimmick. Rockefeller's gimmick is money, Javits' is Judaism and a quiet liberalism. Javits always carries the normally Democratic Jewish vote in New York City and the tokenly liberal vote; he never gets the hard-core ghetto vote. Javits is a quiet liberal. He doesn't shout about it. Those who want to know will find out that he is liberal without him blaring it all about the country. Goodell could take a few lessons from Javits. His course may the get a few liberal votes which even Javits could not attract Paul O'Dwyer crowd, perhaps but in the process, he is losing moderate Republican votes (he might as well forget about the conservative vote). Next year is an election year for Gov. Rockefeller. For the fourth time he will be expending great sums in order to win a rather thankless job. Charles E. Goodell, a man who he thought he could trust, is a decided liability on the Rockefeller ticket. Goodell is not very popular with the party bossess who have been making menacingnoises lately. So as not to look like a rabbid conservative or an Indian giver, Rockefeller had to step in last week and overtly force Goodell down the County Chairman's throats. Normally Goodell would not have any trouble getting the nomination, but because of the imtemperate ranting he has been doing lately, Goodell may have to face an acrid primary. One would have to be terribly naive to actually believe that Charles E. Goodell, our battling senator (as he would likely have us believe) is really a liberal; not with all of the real liberals that we have seen. If Charles Goodell can change his cdnvictions as quickly as he can change his wide ties, then he is not the man of character that he would have us believe. One just does not change from a rural little conservative into Larry Liberal so quickly unless there is an ulterior motive like getting elected in a state where Democrats outnumber members of one's own party. Wide ties, sideburns and an unusually intense facial expression do not make a liberal. Unshakable, non changeable convictions, do - - - though. Opinion 2 THE presentation next semester. Perhaps the author should take this course so that he may be able to understand the problems of the black student and black people in general. It was with an understanding of the broad outlook of BALSA and the changing social trends that the SBA allocated funds to Bit must also be pointed out that this was not a hurried-up decision by the SBA that resulted in the allocation. Two sessions, which lasted over three hours each plus consideration by the Financial Committee was needed before a decision was made. I personally feel that the money will be well spent and BALSA will ultimately benefit the entire Law School by making all students more acutely aware of the problems faced by his fellow black students. JosephW. Bennett — — BALSA allocation defended In the last issue of The Opinion, an editorial critisized the SBA's allocation of student funds to the U.B. Law School Chapter of BALSA, the Black American Law Students Association on the grounds that the association is limited in membership. The following is a response to that editorial: DAMN ASTONISHING is indeed DAMN ASTONISHING. The authors of the article appear to lack the ability to focus in on the overall aspects of BALSA and its long range goals. The article smacks of racism; something that any intelligent, well-informed law school student should no longer be guilty of in this day and age. While it is true that membership is limited, whites are able to function in the areas of tutoring of disadvantaged children and adults and will be able to enroll in the course currently being prepared by BALSA and Mrs. Barbara Sims for - Vol. X No. 3 . OPINION Dec. 19, 1969 Editor-in-Chief: Marge Anderson Associate Editor: Joel Walter Staff: William Lobbins, Terry Revo, Al Dragone, Roger Burlingame Photography: Emil Warchol The Opinion is published during the academic year by the the State University of New York at Buffalo, School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202, students at �SBA fails to endorse Tibbies Civil Rights Today Greenberg's topic by William C. Lobbins the State University to have a 2.0 total of administrators and teachers. Here is how it works: Hearing of the adverse decision, Dean Angus requested a special meeting of the conctroversy over the association last week to explain university's appointment of Prof. "Assistant to the Dean his reasons for the appointment. Robert B. Fleming as University Tibbies is computed by the The Dean is reported to have Advocate, the Student Bar State University to a 1.0 said that the association's Association has sought not to administrator, Dean Angue is decision was "made without endorse the proposed computed to be a .5 total information." appointment of Lance Tibbies, administrator and a .5 teacher Still opposed to the assistant to the Dean, as an and Provost William D. appointment, the Student Bar assistant professor for the Hawkland is valued by Albany altered its position after its second semester of the to be a .5 administrator and a meeting with the Dean. The 1969-1970 school term. .5 teacher. Thus, the State group proposed: Asst. Dean Tibbies would computes the administrative to "Assistant to the Dean serve a one and one half year be 2.0." Tibbies should be appointed a term to begin in January, 1970, non-teaching member of the beginning with a teaching If Tibbies is appointmet an faculty. He should also be assignment of a proposed assistant professor, permitted to remain in his the freshman seminar. Tibbies would Administration will be as administrative post. In this way, continue in his role as assistant follows: he could be a .5 administrator to the Dean. and a .5 teacher." William H. Neff, president of Asst. Dean Tibbies: .5 The Student Bar also the Student Bar, said the administrator, .5 teacher, proposed that the Tibbies appointment was Interim Dean Angud: .5 stu d c nt-faculty ratio for the presently in the hands of the administrator, .5 teacher, freshman seminars in the second Appointments Committee. Position of Assoc. Dean: .5 semester be increased to He said Dean William H. administrator, .5 teacher compensate for the proposed Angus asked the Appointments Provost Hawkland: .5 switch of Tibbies to a Committee a month ago to administrator, .5 teacher. non-teaching professorship. or appoint consider the "R a ther than drop a appointment of Mr. Tibbies as The New Administration scheduled junior or senior an assistant professor for half a would thus equal 2.0 seminar or elective to free teaching term. A normal administrator, 2.0 teacher. another professor to take the teaching term is equivalent to a Mr. Neff said that the position that Tibbies would have three-year period, Neff said. Associate Dean, who is expected occupied in the freshman Dean Angus asked that to be appointed from the seminar program, we propose Tibbies remain as assistant to present "little f" faculty,"would that Tibbies' proposed position the Dean while assuming the give Dean Angus a hand with not be taken," Neff said. "We assistant professorship. duties of the office of the suggest that one or more freshman students be assigned to Mr. Neff asserted that one Dean. He explained that prior to each seminar." reason for the apppointment It is thought that the was that it would result in the June 1969 there was an creation of the position of assistant dean. "The vacancy of appointment of an associate the of associate dean post has next semester would assure dean Associate Dean. He explained that the appointment would increased the work load of the presence of an administrator would have gained a Angus," Interim Dean who enable the Law Schooll to hire Neff certain amount of experience an associate dean and result in explained. The before a new dean is appointed. Appointment Committee the promotion of Tibbies to the asked its two student committee "It is important that the new faculty. Senior Richard I. Dean have someone present with "Present State University representatives Furman and Junior Murray J. the experience of an associate policy will not permit the Grashow to report back to the dean," Neff asserted. school to hire an associate dean Student Bar and obtain the An undisclosed student because we have our quota of association's representative said the Tibbies opinion of the administrative staff for the appointment of Tibbies. matter was "as hot as it was" year," Neff said. "If Tibbies is Shortly thereafter, the because of the withdrawal of appointed part professor and Student Bar met and voiced Prof. Fleming. "We want to remains in his administrative strong opposition to the Tibbies insure that all students receive position of assistant to the appointment. experienced professors," he said, Dean, we would have room for representatives directedStudent its two especially freshman students another part professor and Appointment's Committee who need the well-trained, administrator." envoys to vote against the experienced and devoted The FAaculty is permitted by appointment. teacher." Amidst smoldering In his discussion of "Civil Rights Today," JackGreenberg, counsel for the NAACP, cited the development of the civil rights lawyers' use of the law. Mr Greenberg addressedlaw students 10 part Dec. as of the Distinguished visitors forum. The beginnings of civil rights lawyers was in 1948, Mr. Greenberg said,-a modest start with very few lawyers.Especially in the South, he noted, there were very few Negro lawyers at this time. The problem of segregation in law schools,Mr. Greenbergsaid, was dealt with by the courts, which did not rule against segregation as such - these cases. The courts instead ruled that the facilities or lack of them were insufficient to provide an equal training. Therefore equality had to be allowed by admission of Negroes to the established white law schools. Mr. Greenberg commented that the courts tried to avoid passing on the question of segregation in dealing with educational equalities. However, he added the landmark case of Brown v. Board of Education in 1954 was the tip-off that the real issue was segregation and that this issue would have to be met. The next phase of the movement, according to Mr. Greenberg, was the incorporation of the Brown decision into the local districts. This resulted in difficulty because the Supreme Court was still ahead of the president and Congress in the field of civil rights. The results of this conflict between the courts the other branches of the government were the confrontation atand Little Rock, Arkansas and the beginning of the youth movement in civil rights. in - With the early sixties came the sit-ins and freedom rides, Mr. Greenberg said. "In defending during the prosecution of people involved in sit-ins in the small local courts, the lawyers were faced with presenting constitutionality questions concerning the First and Fourteenth Amendments." The Supreme Court ruled in favor of the defendants on the breach of the peace cases," Mr. Greenberg noted. The Supreme Court next decided the cases concerned with trespass. Trespass was mostly based on segregation ordinances which were held to be illegal and therefore thrown out in favor of the defendants. Around the time of the Bell v. Maryland, in 1964, the courts saw a tendency toward dissident dissent and started holding back on being so quick to reverse state decisions in an attempt to slow down the chain reaction, according to Mr. Greenberg. Turning to the issue of defense ofdissent, Mr. Greenberg said that there is a difference between legal, peaceful dissent and violent, disruptive illegal methods. He asserted that there is a need to show this difference to the courts to avoid the courts' treating all forms of dissent as the same. Karpatkin discusses Selective Service System Speaking on the Selective Service System and the courts here Dec. 3, Marvin Karpatkin, director of the American Civil Liberties Union, noted that currently there Is a "selective service revolution in the courts." Mr. Karpatkin was one of the speakers in the Law School's Distinguished Visitors Forum. The 'revolution" was the "One happy thing to report" by the ACLU director in his analysis of the recent history of the Supreme Court decisions affecting the operation of the selective service laws. He centered on three principle areas that are being litigated now: non-religious conscientious ' objection, punitive re-classification of United Nations Conference. This trip was financed by the U.N. and Mr. Karpatkin cited the famous Seeger case in his discussion of the Associate Dean James A. Moss will be making an He noted that in that unanimous decision, the court said that one measure, Mr. Karpatkin cited a does not have to be case that is currently awaiting traditionally religious in order to decision in the district court of qualify for the CO. status, but Rhode Island. He said that must have "parallel beliefs". Bruce Murray, a Peace Corps However, the court "did not volunteer working in Chile, quite reach the non-religious, signed an "anomalous" atheistic objector." Mr. statement calling for Karpat m predicted that "before negotiations in Vietnam. The long there will be a decision in statement was published in a the Supreme Court where the newspaper in Chile, as a result question of an equally sincere Mr. Murray "got canned, sent but non-religious objector will home, and got a 1-A classification." be squarely presented." Turning finally to the Moving to the area of punitive reclassification, Mr. overriding question of the constitutionality of the draft, Karpatkin said that the "overt use of the drafting power for Mr. Karpatkin said that it comes punishing political dissent from the legislative power to started four years ago against raise armies, set out in Article students at the University of one of the Constitution. However, he explained, Michigan." He mentioned that Section 10B(3) of the Selective "studies show that there was Service Law "expressly limits not one iota of constitutional judicial review of Selective support by the framers of the Service action. It the West constitution to give power to Indies. The first conference in raise armies by conscription. The only reference to a draft this series, "The Meaning of that was made by the framers To illustrate the use of reclassification as a punitive was that it was so repugnant to - Selective Service and the Courts Marvin ACLU director, calls for the the abolishment of draft in speech to law students. Karpatkin, a free people that it need not even be discussed." ''A draft can only be justified when there is a true and total mobilization of manpower," he added. Commenting on current trends that he sees in the system, Mr. Karpatkin noted that "administrative lawlessness continues to proliferate and grow... there is still tight-handed control from Hershey's office. "But somehow things have changed in the last three years. Three years ago it was almost impossible to win a Selective Service case. Now the fact of the oppressiveness of the war and the draft is beginning to reach the judges and affect them. There is the realization that the Selective Service is not sacrocanct, and a general feeling that the virtues of the administrative process have to be rethought." Commenting that the ACLU position is that "the draft is an * unconstitutional violation of personal liberties, "Mr. Karpatkin concluded that "nothing is going to be improved until the whole damn system is wiped away." 3 Opinion �Student-Faculty Relations Board to be set up Spring semester Pending action by the faculty sometime during January, a Student Faculty Relations Board will be set up next semester. Strongly approved in a student referendum last month, the Board's future is now in the hands of the Student Faculty Relations Committee, headed by Professor Joyce. As passed by the students, the Board will consist of three students and three faculty members. The student members will be elected from the student body in April of each year, following the same procedure that is used for the election of SBA executive officers, understanding and an ever-improving rapport amongst NeT WeIGHT by Terry Revo on which no been taken was every-imporving rapport amongst Recently a memorandum on grading proposals was distributed resolution." The the members of the Faculty of faculty was requested to quit all to faculty and students. It is a product of a student faculty Law and Jurisprudence and to University-wide communities and committee which has been functioning for approximately a year implement under its powers all the University was asked for and a half. The report concerns itself with the disparity in the grading system, the inequities of the ranking procedure and programs granted to it that additional budget lines for more discontinuities of the eligibility requirements. The proposal substantially affect both faculty members. students and faculty." According to SBA president contains many excellent points which I am sure were given the greatest consideration and thought. Sincere thanks and One of the major duties of Bill Neff, "the faculty voted 'in commendation are in order to the individuals who devoted their the Board will be to conduct a spirit' with the students' course and teacher evaluation concern and interest in taking time and effort to this worthwhile endeavor. each year, with the evaluations action on this matter, but they I criticize the committee's great wisdom in revising the grading published each spring. The have not taken any action on system on only two points. First, they did not go far enough and evaluations "should provide, at a their own." second, their justifications, although valid, do not encompass minimum, the critical possibly the most importnat reason for the grading change. In our information a student might use The requests of the students in determining what course and were presented to Acting progressive society of Chicagos, Vietnams, Nixonsand Agnews, and professor best suits his needs." President Peter Regan this week, military- industrial complex, the educational institutions are forced Another referendum that was almost a month after they were to be in the vanguard of social evaluation and change. It is their overwhelmingly passed by the approved. obligation to break the chain of mind-dulling, uncreative, viciously competitive, authoritatively disciplinarian and self-inhibiting experiences heretofore called education, which presently channels many of us into cubically alike jobs in government and business-contemporary education being the process in which you the members of the understanding and an students -and action has yet the "manpower Grading changes... -continued from page Iparticular courses, in legal relative competence of two writing, or in extra-curricular competing students, especially activities and competitions)." given the narrow range of The committee realized that averages in each class, they do the elimination of class rank encourage employers to choose would shift the burden of the person with the highest evaluating overall student grades." performance to the employer. The committee suggested The report stated that "this that its proposal of there grade burden should not be categories would convey a more by the law school if, assumed as has realistic picture of student been argued, class ranks are not performance to potential an adeuate and employers. "The employer measure either of meaningful would be given evaluations student pc rformancecomposite in law which are generalized, and he school or of potential would be forces to examine performance in the parctice of specifically where and when the law." student proved himself to be I no rder to provide the superior, rather than rely upon employer with some information a mechanical application of a about the relative performance grade or average." of each student, the committee The most radical proposal recommended that the Law offered by the committee was School attach to each student's its recommendation for transcript a graph of the range elimination of ranking. The and the clustering of grades report concluded that "class within each course in which the rank is not a meaningful student enrolled. measure of composite student The committee's report performance because it does not summarized the less adequately control for other thoroughgoing, recommendations important variables" such as the for grading reform which had type of elective courses which been proposed within the past the student selects and the few years. An ad hoc student particular grading habits of faculty Committee on Grading, under the chairmanship of professors. Sssuming that class rank is Professor Robert Fleming, made not a meaningful composite several widespread posposals last measure of student performance, spring which encoun4ered the committee report noted that widespread student opposition. "ranking Members of the current has the disadvantages of possibly Grading Committee include misleading the employer and of Professor James Atleson, encouraging him to ignore chairman; Professor Kenneth aspects of law school Davidsion; Professor Adolph performances in particular Hpm b vrger; Ernes I F erullo, courses, in performance that are senior; Peter Bush and John not reflected in ranks (e.g. Estoff, juniors; and Vincent superior performance in Tracy, freshman. ' get repressed, suppressed, oppressed, compressed and depressed a la Arlo Guthrie. In a word, education in the progressive sense means living. Living means learning, relating through meaningful experiences and practice, self determination, freedom, community and a sense of self-actualization. To this end I feel the proposal has fallen just short of its goals. It is my belief that the purpose of education is to learn. It is therefore the responsibility of an educational institution to provide best possible environment in which this may be accomplished. This environment should be one of freedom, community, sharing, discussion and quest for knowledge. The process should be a cooperative and amongst everyone associated with the institution. It should be one where each individual progresses at this own rate and determines by his own evaluation, in reference to those surrounding him, when he is capable of proceeding onward. It should be an environment in which a person learns because he is interested and wants to understand, not one in which he learns to pass a test, to receive a distinguished grade, to please an instructor and/or a future employer, or to effect a superiority over fellow intellectuals. Grading, ranking, and arbitrary eligibility requirements are all contrary to this concept. If this resembles the ancient theories of learning, i.e. Plato and Socrates, it is only because it does. the Jack Greenberg, NAACP Council, is escorted into the Law School by senior Norm AIvy. Mr. Greenberg addressed law students as a participant in the Distinguished Visitors Forum, a committee of the Student Bar Association. Mr. Greenberg's topic was 'Civil Rights Today. " See story, page 3. ' In conclusion, I would suggest that we form a committee An adage used by Vista aptly communicates my feelings relating to your involvement in the process: "If you are not part of the solution, you're part of the problem, Think about it!!" Library hours The library will be open the following hours during Christmas vacation: Dec. 20 Dec. 21 Dec. 22-24 Dec. 25 Dec. 26 Dec. 27-28 Dec. 29-31 Jan. 1 Jan. 2-3 Jan. 4 Jan. 5 , 4 Opinion , 9-5 closed 9-5 closed 9-5 closed 9-5 closed 9-5 closed regular hours Oblkl Jeff While makes a - Senior of students in the of UB ROTC class. Fellow prosecutors include Eli Schmuckler, Joe disruption to study the implementation of this progressive educational system which is beginning to find a rebirth in many of our colleges, universities and progressional schools. Although not as all-encompassing as it might be, I strongly recommend passage of the committee's proposal, because I feel that it is a good strong # step in the right direction. Trengati and Joel Walter. point at arraignment charged � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1969-12-19 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 10 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/19/1969 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/0ff68d2ef9180c0fd89a771af00d7321.pdf bc753a3b33d8f1901e6670201a7f7f7c PDF Text Text V°U See V K10. Z. special centerfnlrl pictorial essay Students Give Peace a Chance in Nation's Capitol It came in with a whimper and left with a bang. That's the only way to describe the three-day Washington protest against the war in Vietnam. Beginning with a single, youthful protestor who trudged 4.2 miles from Arlington National Cemetery, turned right toward the White Houseand read the name of an American soldier killed in the war, it ended with a quarter million persons marching in the streets of the Capitol. And Buffalo law students were there. Seniors Norman Alvy, Thomas Casey and James Balcercak (who was drafted during the summer and is now stationed in Washington) were among the first to participate in the "March Against Death," which began early Thursday evening. *i just had to doit, although it was a hell of a cold, damp walk," Alvy said. Shortly before the march ended on Saturday, in a cold, dusk-filled morning at 6:30, Junior Richard Rosche and Seniors James Keysa, Theodore Kantor and Emil Warchol represented some of New York's dead. "It was cold at first, but when I walked passed the White House 1 knew it was worthit," Keysa said. After the Buffalo group ended their silent, single-file march at the Capitol, they dropped the names they carried intoa wooden coffin. A Washington entrepreneur, who set up a stand nearby, charged them 25 cents for coffee without sugar and SO cents for a hotdog. "Even though I hate coffee," Rosche said, "it tasted good because I was so cold." When a mini-riot erupted in DuPont Circle near the South Vietnamese Embassy, law students were on the scene, and some were overcome by stinging, choking tear gas. Protesters led by SDS, and its violence-prone factions the Weathermen, Yippies, Crazies and Mad Dogs, smashed windows and attacked police before police reacted with tear gas. Senior William Dixon, who observed the incident first hand, said: "The police acted very, very restrained under the pressure. If they had been the Chicago police, there would have been a lot of heads busted." Only 12 persons were arrested on disorderly - The OPINION State University of New York at Buffalo, Schoolof Law conduct, police said. - Dixon fled from the scene followed by more than 4000 others when police fired a volley of tear gas canisters into the crowd of mostly innocent observers. He saw a gas canisterland next to Casey and Alvy. "I couldn't move," Casey said, "All I could remember was that a man was carrying me out of the circle." Both Alvy and Casey repeatedly returned to the circle to aid those overcome by tear gas. Associate Editors Marge Anderson and Joel Walter were there too. (See complete story on this page.) Senior Jerold Yale, who was about to enter the circle, was driven back by the gas. "This is what will be in the newspapers, instead of what is really happening here the peace effort," he said shortly after the incident. Law students were once again on the scene when more than 250,000 persons marched up Pennsylvania Avenue to show their sentiment against the war. Weathering a biting wind and temperatures in the 30s, they acted as legal observers for the New Mo b i lization Committee (MOBE). If trouble broke out they were to request from the arresting officer the names of those apprehended, location of - - —continued on page 4— Park Demonstration Turns into Violence Seniors Thomas Casey and Norman Alvy were hit by tear gas. Moot Court Loses Regional Contest by Robert Krengel "It didn't make any sense," Senior Richard Ascher said after learning that the Moot Court team lost the firstround of theregional competition held in Albany last week. Ashcer said: "It was quite clear from everyone that our's was the .best brief." Buffalo lost out to Syracuse, with Albany taking the regional honors. Professor Kenneth Joyce, fauclty advisor, is requesting that the Moot Court team write a memorandum of all that happened at the regional so that it can be forwarded to the faculty, where it will be used to consider whether Buffalo should withdraw from future competition. Joyce said the judges grading the program were "dismally unf am iliar with the problem The case involves students who demonstrated their opposition to the war by passing out leaflets ourside a church. They were arrested and convicted for disorderly conduct. Subsequently the University, acting under state statute, expelled the students and terminated their scholarships. The state University of Buffalo team argued the position of the Upon their arrival to the perimeter of DuPont Circle, a park located in the Embassy row area of Washington, they were warned by Senior WilliamDixon to "Stay the hell out of there." A rally was beginning, with more than 4000 protesters and observers in the park. The city of Washington had issued a permit for the demonstration, but when informed that the group planned to march on the South Vietnamese embassy,police expressly prohibited suchaction. After rallying in the park the crowd began to surge in the three blocks away. Helmeted police direction of the embassy quickly cordoned off a one block area around the building to insure that the crowd would not reach their objective. The demonstrators marched down Massachusetts Avenue in Waves some carrying Vietcong flags and chanting "Ho, Ho, Ho Chi Minh, NLF is gonna win." They were stopped at a police line and both groups were unsure about each others' next move. Police then ordered the crowd to disperse and when it became evident they would not leave, tear gas canisters were firedinto the air. The first line of demonstrators started throwing objects at the police. "There were only a handful doing any damage," Dixon said. Alvy and Casey met Dixon as the crowd was fleeing toward the oral argument was an extremely valuable experience for us." A1 though the Faculty was permitted to give general advice, the specific work had to be done by the students. Professor Kenneth Joyce, faculty advisor for the team, aided the team in shaping their arguments. Other advisors who helped were Professors W. Howard Mann, University. Jacob D. Hyman and American Preparation for the Civil Liberties Union attorney Ed competition began the first week Koren. of September. "I think we gained Other members of the Moot the ability to do legal research," Court Board are Seniors Ernie park. said team member Ascher. Ferullo, chairman. Ken Berman, "Learning to analyze a case and Tim Dwan, Jim Tylock and Bill then to bring out your research in Worthington. - - continued on page S- School Interviews Ebb For Deanship agrued." Lawrence F. Ebb, chief counsel Representatives of CornellLaw School, who placed second, said of General Electric Corporation's they would send a letter of Overseas Subsidiaries was on with Professor Kenneth Davidson, who teaches at the law school here. Before joining GE as its top protest to the State Bar campus last week to discuss the Associationand seek a revision of possibilities of accepting the counsel for internationalaffairs in 1964, he was a full professor at grading procedures. Joyce said deanship of the law school. Stanford University School of Cornell is protesting the fact that Arriving yesterday, Ebb met Law, heading its international "anybody other than Buffalo" should not have taken the top with students and faculty legal studies program. members of the Appointments Ebb, who served in the Office honors. The two members of the team Committee and was escourted of the General Counsel for U.S. Foreign Agencies, earnedhis A.B. Eagle around the Street faculties. are Richard Ascher and William degree, suma cum laude, from Shevlin. The team was selected He will leave tomorrow. University; a master's of noted scholar Harvard Ebb, in after the school's moot court a ESCAPING TEAR QAS Demonstrators flee from a Barrage of tear competition last spring which was International Legal Studies, arts from Harvard's Graduate gas fired by Washington police into DuPont Circle. Marcher in center won by Ascher and Richard co-authored an article entitled Schoolof Arts and Sciencesanda bears the Vietcongflag. "Taxation of Foreign Income" L.L.8., magna cum laude Baron. - �And So the Cop Killed the Artist EDITORIAL: University Advocate Concept Offers Imaginative Challenge He ran a half-page advertisement in the or prosecute students or any others within the Specturm recently, which declared boldly: 'The university community. Hypothetically then, Mr. Fleming could Advocate is pledged to protect the rights of every individual within the University Community. Any prosecute the cause of students who are demanding member of the Community who feelshis rights have changes in admissions policy of the medicalschool been violated is welcome to contact him for and its contribution of $400,000 to Project Themis. Conversely he could decide to defend the medical assistance." What underlies those succinct sentences is school'sstandards of administrative judgment. perhaps the most imaginative undertaking by a Without passing a plus or minus evaluation, let's university tocope with the problems sokeenly made also examine the alternatives, and their campus past years. corresponding on the few Thecreation effects, that were open to Mr. apparent of the University Advocate Office comes in response Fleming after the destruction of the ROTC office on to the many students and faculty who are vigorously Oct. 15. challenging the ivory tower posture ofthe university, Because of his reputable standing in the Buffalo and who are, at times, forcibly seeking change by community, he might have assured local police that disruption and outright intimidation. And no doubt those involved in the vandalism (some term it a universities across the country will be observing reflection of protest) would be disciplined by the carefully the outcome here. university, by such means as suspension and Few, I suspect, are aware of the Advocate's restitution. It could have been a family affair,where impact within and without the university; fewer are students involved would not have to chance the aware of the great discretion thathas been delegated possibility of facing criminal charges in City Court. Yet such a handling of the incident might have in determining that impact. According to a memorandum issued by Acting caused further campus disruption, putting the President Regan, Robert Fleming, head of the legitimacy of the university and its adjudicatory University Advocate's Office, who is a law professor system in jeopardy. here and who has served as an advisor to the Instead Mr. Fleming decided to turn over the University on campus disorder, was given broad fruitsof his investigation to District Attorney Dillon. discretion to initiate, on hisown or on the complaint If DA Dillon acts upon the data furnished by Mr. of any member, proceedings within the university Fleming, then some students may earn criminal for the adjudication or enforcement of University records. rules of conduct or standards of administrative But even though Mr. Dillon may decide not to judgement. He may act as "prosecuting attorney or prosecute, Mr. Fleming still has the discretion to counsel." He also has discretion to provide counsel prosecute the students before the Student Judiciary. for any member of the university "complaining of or These examples simply illustrate the discretion charged with violation of university rules." Moreover trusted to Mr. Fleming. he has the discretion to initiate or request Let me make it clear that there is nothing appropriate authorities to take action to prevent or inherently wrong with wide discretionary power; in mitigate violationsof university rules, whichinclude fact, because the Advocate concept is in its local and state laws. formative stage within the university, that power is Now that is a lot of discretion, which necessary to adapt the purposes to the needs of a incidentally, is unreviewable because there appears changing academic community. Hopefully, Mr. Fleming will wisely exercise that no review provision in Acting President Regan's memorandum. A fair reading of the memorandum indicates that Advocate Fleming can decidewhether todefend discretion. Emil Warchol Editor-in-Chief Moot? Court? Competition? The Law School Moot Court team competed in the regional competition in Albany last week. Yes, John, we do have a Moot Court team, it is extremely unfortunate that an apathetic faculty and student body have chosen not to support this endeavor. The Freshman Moot Court Competition, according to the 1967 catalog, "is designed to provide valuable experience in legal analysis and research and in presenting issues of taw to the courts. The cases are prepared to simulate the presentation of cases to an appellate tribunal." In practice, though, faculty ambience to this program has been - - - — - manipulated. The old offer us a society of responsibility, fear, puritanism, and repression. They give us leaders such as Nixon and Agnew. The old order is sterile, the young have just been born and demand a world of constant energy, full of love, drugs, and brotherhood. The children of America have rejected their parents and their society. They are fighting to free themselves. The youth must either submit to it or destroy it and they will not bow Abbie is right what Kill Your Parents!' theater! The future Imagination and aesthetics. Colors, touching, a release of all the senses a world of artists, no more structures, constant energy exchanges sleep being obsolete. No negatives Yes! Yes! Yes! Pepperland. On a visit to 'Man and Hii ' - A school's reputation, contrary to SBA belief, cannot be acquired through the expenditure of ridiculous sums of money at SBA conventions. The responsibility lies with the student body to insist upon a concerned faculty effort to structure a Moot Damn Astonishing (BALSA). It is a sad reality when State University of When a representative of that organization was Buffalo Law School cannot win a regional asked by the SBA whether any student black or Georgetown when Law white could become a member, he answered: competition, especially School (it ain't no Harvard) can win the National "NO!" Regardless of the social end that is to be Competition four times. They must be doing achieved by the organization, there can be no somethingright. only a justification for establishing a downright The structure of the Law School permits small number of students (Law Review) to partake exclusionarymembership policy based onrace. An writing projects. research and The Opinion does not believe that law students in meaningful expansion of interest in theMoot Court competition are like the racists who have traditionally excluded the black participation in society; on the other hand, it would serve the needs of the majority of not believe students are willing to support those students who, due to classranks, have been excluded does whoexclude white participation. experience. from this vitalresearch Yet the SBA's action, what can we think? As it is becoming increasingly evident that our It's just damn astonishing. does not have a placement service, the faculty - 2 - - - - — - . Cut 2 Checking over the draft law and the Sherman Act I have concluded that the draft is illegal per se under the Sherman Act. When I am drafted I must fight and kill for the American armed forces. This is certainly a restraint of trade. I should certainly be allowed to negotiate my services with any country I want. I'm not anti-American. I think every young man should fight, kill, and possibly die for the old but I think my rights are infringed when I am bound to onecountry. Recently I asked my draft board to transfer my files to the Viet Cong (I always go with the good guys) and they refused. I will soon fde suit in Federal District Court. The government's only defense is that like baseball and football the armed forces and war are sports. If they put up that defense I guess I'll win no matter which way the case goes. - Cut 3 Tobetter understand theabove take two caps of "Sunshine" and wait about three hours and re-read. competition. Court competition which would benefit both the students and the Law School. JoelWalter This year's Moot Court Board, comprised of AssociateEditor eight seniors who are genuinely concernedabout the program, was selected last spring from a field of fifteen competitors. These students did not have the experience of the freshman competition because the It's just damn astonishing. program was not offered during their freshmanyear The Student Bar Association appropriated $425 due to faculty oversight. This oversight, by the way, by those Freshman the to Black American Law Student's Association was greeted as a blessing school Remember in grade school when the teacher asked everyone to draw a Thanksgiving picture and then picked one out to hang for exhibition and that picture was the one that under current standards was acceptable. All the rest were turned down well, Mrs. Wallace, you killed thirty artists, no one sterilized our minds drew again. Creativity and Imagination were put in the basket. American culture has no place for it. The revolution today is quite basic it calls for a return to living and a repudiation of the plastic towers that surround our lives. Living today is a myth we our feelings and are robots emotions are continually restrained and our desires World' (formerly Expo 67) in Montreal Ah trie Hoffman reflected on his trip into the future. "It is magic to walk the mahogany boardwalks, ride streamlined tramways and flashing escalators. All Day-glos, purples, pinks, andgreens. Twisting copper cobwebs, stretches of steel pillars, flowing concrete wings, and plastic tunnels, cubes, triangles, bubbles, spaghetti nets, arches of light, fountains of energy; these are the shape of things to come. One cannot tell the church from the fun house, 'Is this the roller coaster or the subway, sir? It is a perfect blend of harmony and excitement. I watched the people carefully as they laughed and danced through Future City No one threw his garbage on the floor." and student body should attempt to enhance the value of the preferred education, both in terms of quality of the education received and in the market place value of the school's diploma. The legal community would be forced to take notice of our law school if we were to win a NationalMoot Court pathetic. affected. by JerryLevy - - TAKING A BREAK After classes ended one day, students took a pause for the cause by helping themselves to some brew supplied by the Student Bar Association. Such sessions are scheduled throughout the year, with chips and pretzels included. THE OPINION Editor-in-Chief: Emil Warchol AssociateEditors: JoelWalter, Marge Anderson November 25, 1969 Vol. X, No. 2 Staff: Rose Hamlin, Robert Krengel, Stephen Lee, Charles McFaul, Jerold Yale, Joseph Hodan,William Lobbins Columnists: JerryLevy and Robert Krengel The Opinion it published during the academic year by the students at the State University of New York at Buffalo, School of Lew, 77 West Eagle Street, Buffalo, N. Y. 14202. �Voting Block Proposal Defeated in SBA In last week's SBA constitutional referendum, a proposed organizational article each, electing one member to the of Directors. Under that rejected system, students from all classes could be in any one of the article, and creates the office of brought by the endorsed article is Vice President. Under the the changing of the date of the new article, all SBA executive election of SBA executiveofficers officers will be elected by the from November to "no later than election blocks, with each student entire student body, instead of April 1 of each year." Problems being allowed membership in only only the president being so with the formerelectiondate that one block during a given academic elected. were enumerated in the year. The 2nd Vice President will act referendum ballot were: lack of At the same time, proposed as the official SBA representative continuity on campus with other Article 5, dealing with to all University-wide positions student government leaders and nominations and election and committees on which thee committees, the problem of procedure, was passed by an SBA now sits or may be invited or committments made by two overwhelming vote of 183 to 22. requested to sit in the future and administrations during one school The new article states the duties he will be a voting member of the year, the situation of working Board that would substitute 25-member blocks for representative class as election units failed to obtain the required two-thirds affirmative vote. The article was defeated 113 to 90, showing a majority of 56% in favor. The defeated article would have disgarded the presentsystem in which each class elects six members to the SBA Board of Directors, by establishing blocks of the officers of the SBA, which of a minimum of 25 students were not enumerated in the old 2nd Board of Directors. Another major innovation Courtroom life, Dramatic life, A Noted Trial Lawyer Insists The most dramatic part of a modern lawyer's life is spent in the courtroom, a prominent New York trial lawyersays. - - TRYING NEGLIGENCE CASES Albert Averbach, a noted trial lawyer specializing in negligence law, shows the usefulness of pictorial illustrations during his lecture on trial practice before law students recently. The guest speaker said that law students recently. The guest speaker said that law students here were fortunate because across the street was "where theaction really is." New teaching Method Offered In Land Course by Rose A new Hamlin teaching technique is being tried out in the law school. This semester's course in Land Transactions is being taught by three professors Professors Adolph Homburger, Paul Goldstein and William Greiner. Formerly Professor Homburger handled the course alone. Professor Homburger, commenting on the technique, said: "In the past large classes have been divided into groups for better student relationship. Students receive the benefits of — "So I had a doctor testify that the plaintiff felt pain every time she took a breath. He calculated she took around 25,920 intakes of air per day. "Then I suggested to the jury that a fair award by the way of damages sustained would be one cent per breath." Averbach, with a glow, said the different approaches and teachers get the benefit of their own jury returned a $15,222 verdict teachingapproaches." for a case that would normally Professor Goldstein said: settle for $2,000. * Students are not only exposed to Averbach, speaking before law different faculty members,but to students recently under the the faculty who are skilled in sponsorship of the Distinguished particular fields. Another benefit Visitors Forum, insisted that law of the course is that the faculty school, having medical schools has an opportunity to comment nearby, should take juniors and on the teaching methods of other seniors into the operatingtheater. by William C. Lobbins approval of an $850 budget for the 1969-1970 school year to the Buffalo Chapterof the Law Students Civil Rights The big," Dannye R. Holley, LSCRRC Buffalo Chapter chairman, said. The $850 budget approval is the first budgetary assistance granted in the chapter's five-year history. Dedicated to provide legal research assistance to organizations, community groups and individual attorneys working in the field of civil rights, civil libertiesand poverty law, the Civil Rights Council hopes to inspire future members of the bar to commit themselves to amelioratingproblems of minority groups and the poor."l am sure the budget approval will add the long-needed spark that will enable the Buffalo Chapter to do meaningful legal research in the field of civil rights and poverty and to make a determined effort to improve the lives of Buffalo's minority community," Holley said. Founded in 1963 after a handful of northern law students gave lawyers, the national organization, headquartered in colleagues." New York City, is composed of 'This is the coming thing. You 55 chapters at law schools all over Professor Homburger adds: can't learn about medicine and the country. "By conducting this type of class anatomy without seeking it." The organization has been the for a year or two, we are arriving question catalyist brief and answer for the creation of a a enterprise idea." at a natural, joint In period, Averbach critized current complaint office in Newark in proposals to place negligence cases 1967, legal assistants and before a special board to relieve observers on the part of students the court conjestion experienced during the 1967-1968 Poor People in New York City. "It would be Campaign and student poll watchers during the 1967 slot machine justice," he said. November elections in Mississippi. Averbach is an associate editor The Buffalo Chapter boasts of of the Personal Injury and Tort a membership of 30, an increase Law Section of the National of 18 members from last year's Association of Claimants and membership of about 12, and Compensation Attorneys Law faculty advisors Joyce and Journal; a fellow of the Herman Schwartz, advisors International Academy of Law Kenneth Joyce and Herman and Science and president of the Schwartz. Directors of the Board of goMstein, PLACE SHOW Professors AND WIN. Speaking of Research Council's International Academy of Trial left, William Greiner and AdolphHomburger discuss goals locally this year, Holley Lawyers. their differing approaches after Land Transaction Melvin Belli said: "Whileit will certainly come He co-edited with cam recently. At intervals, each professor often hit the Tort and Medical Yearbook. as a surprise to most juniors and specialized skills in a particular area of law. - participate in future refercndums. Within the next month, there will be referendums concerning SBA representative elections, the Faculty-Student Relations Board and the Grading Committee proposals," Neff added. Money Adds 'Spark' To Unit Holley Says The use of pictorial illust.rat.ions and artificial parts of the human body are essential Research Council, (LSCRRC) by tools to involve the jury, he said. the Student Bar marks this school "What the hell do the complex year "as the start of something medical terms mean to the jury," Averbach queried. Averbach gave an example of whathe was talking about: "I wanted to show the jury what exquisite pain a woman suffered with two fractured ribs. structure." Neff indicated that the SBA's next move is to "slay with the present structure with voting according to classes and we will present another referendum dealing with the question of whether the SBA representative with the former administrations elections will be held in the spring appointments for seven months, or fall. Unless thereis a change by and the situation of substantially referendum, all representatives all committed monies and budgets will be elected in the foil." before the new administration "I am kind of disappointed in the turnout of votingby freshmen takes office. The final result of the and juniors. The freshmen turnout referendum was the decision to was particularly low. It is hoped keep the present officers of the that more underclassmen will SBA in office until April 1, 1970, rather than have themleave office 30. This part of the Nov. injury cases, Averbach said that was passed by a vote 80 per cent of those cases are referendum to 58. of 140 decided upon their "anatomy and Commenting on the results of physiological aspects," not upon the referendum, William Neff, the law. can tell you, from my more 45-years of experience, that the most rewarding experience in your life is when the jury returns Albert Averbach, who a verdict for your injured co-edited with Melvin Belli plaintiff. The glow you have numerous professional when you have helped someone To be successful in trying publications in the negligence who needed yourskill." negligence cases, Averbach said: field, says he "couldn't care less Citing the fact that 90 percent "You have to be a salesman about the rule of Shelley's case." of all litigation involves personal before the jury, showing them j stark tragedy." He suggested that law students should learn anatomy from suchbooks as How and Why of the Human Body, which costs about 50 cents in any bookstore. "1 than president of the SBA, said: "I am a little disappointed that the school did not want to try the new system. However, the vote showed definitely that there is interest in possibly changing the seniors, a dormant chapter of LSCRRC has existed at our law school for the past five years. "Our present plans are to try and revitalize this chapter by having a much larger proportion of the students participate in research projects. In order to do this, we are going to have our local group concentrate on only four or five major research projects this year. "One such project we hope will be successful is our Student Demonstration, Legal Advice project, under the able leadership of two juniors, Mrs. Grace Blumberg and Clarence H. Gratto." "We hope to advise students participating in student demonstrations of their legal rights and obligations," Gratto said. Gratto said student advisors would give lectures and distribute leaflets on student legal rights at pre-demonstration sessions. "At the demonstration, our legal advisors would again circulate flyers and handoutsbut we would supplement this activity in observing police harassment and unprofessional conduct," Gratto added. "We are now planning to utilize the talents and skills of University of Buffalo students, who are majoring in photography or related career programs. Gratto said the program would also extend to student demonstrators who might be arrested. "We hope to disseminate legal information during pre-hearings, hearings and jail terms to student involved in arrest." "We hope to monitor police activities towardstudents en route to hearings and in jail also," Gratto said."We are presently asking for 100 students on a voluntary basis to participate in the Demonstration project. We hope to use about 12 students at any given demonstration," Gratto said. "We hope that any law student who is interested, no matter what his class, will join our organization," Holley said. 3 �Buffalo Law Students Take Part In Largest Anti-WarDemonsItraUHildHSistory - Bearing a caricature of REVOLUTIONARIES MARCH White House: While 250.000 individualsinarched in protest over the war, theWhite House was conducting Vice-President Spiro Agnew, members ofradical splinter groupsmarch "business as usual." down Constitution Avenue near the Justice Department. -continued frompage I- detention and witnesses. The information would then be forwarded to MOBE, who would Senator Charles Goodell. They remained among the crowd, near the outer perimeter of the speaker's platform because SDS members and other provide lawyers. Located on Pennsylvania revolutionaries were agitating Avenue, between Constitution throughout the program. The radicals refused to sit and chanted Avenue and 6th Street, were: Freshmen Joyce Hanks, Marge "bullshit" when Senator George spoke. A n d crson and Charles Davis; McGovern Marchsals of MOBE had Junior Richard Rosche and warned those in the press Seniors William Dixon, Daneye quietly sandwiched between the section, Holley, Joel Geller, Stuart crowd and platform, to expect a Gartner, James Keysa and Joel charge from the radicals. It never Walter. At 14th and Pennsylvania happened. But violence did break out Avenue a contingent of the meeting. revolutionarieswearing helmets shortly after Junior John Gorman, an and carrying the banner of the seen fleeing from a observer, was "Buffalo Nine," tried to break cloud of tear gas, holding a through the line of marshals, handkerchief over his mouth and presumably to storm the White nose. House. They screamed "War, war, (Editors note: The stories and one more war. Revolution now." And every now and then a photographs covering the Moratorium revolutionary were compiled by the group self-styled would stop, form a line, begin a editors of this newspaper. We extend our sincere appreciation "one-two-three-four, chant, Tricky Dick end the war," sound for the assistance provided by charge Michael Gragert, editor-in-chief, an Indian war whoop and and Martin McKernan.both of the forward a few paces. The legal observers' work was Georgetown Law Weekly; officials crowd reached nearly over as the of the National Mobilization Portrait of Protest: Youthfulmarcher carries North the grounds surrounding the Committee; Reinhard Mohr, Washington Monument to hear southern director of the Law Vietnamese flag in march on Washington. words of peace from such Stud ents Civil Rights Research notables as Dr. Benjamin Spock, Council and, of course, the Mm. Cnretta Kin* and New York students at our law school.) Law Student Meeting: Tom Casey, (cantor left) Joel Walter (top right). Merge Anderson Headquarters and Norm Alvy attend a law students' meeting at theNationalMobilization in theNew York Aye. Presbyterian Church. Law students served as legal observers during the peacemarch. 4 Hopeful Sign: Dr. Benjamin Spock, noted pediatrician and peace advocate, flashes the peace sign. Dr. Spock was the keynote speaker at the Washington Monument after the massive anti-war march. - MARCHING AGAINST DEATH Seniors Theodore Kantor and James Keysa bear the name of Americans killed in Vietnam during their 4.2 mile trek from Arlington National Cemetery to the Capitol. �- SYMBOLIC TAKEOVER Revolutionaries, shortly after the mass march, swarm the Department of Justice to show their protest over the trial of theConspiracy Eight. They soon put their wordsinto action by smashing windows, throwing red paint and burning the American flag. - — TEAR GAS BARRAGE Protesters here were prepared for tear gas fired by police to disperserevolutionariesand onlookers in frontof the Justice Department. Wearing gas mask and other appropriate apparel, many were able to repeatedly return to the scene to assault die buildings and police. ) - from page I "I couldn't stop myself from going into the park," Casey said. The crowd regrouped in the park and police called in reinforcements. Some demonstrators threw what appeared to be a fire bombs into police command headquarters, some smashed windows in continued buildings and police cars. Police then began launching tear gas grenades into the crowd. One landed right next to Casey and Alvy. "I couldn't move," Casey said. Both were stunned. "All I could remember was that a man was carrying me out of the circle," Casey said. Alvy said he and Casey repeatedly returned to the Circle to aid those overcome by tear gas." We simply could not help it," Alvy said. "Those medics were just beautiful," Alvy said, "even though some had mixed feelings about the methods of the protestors. Both law students escorted persons into a cellar of a home just outside the park. "Those in the cellar, held different views; some wanted to forget the whole thing whileothers wanted to kill the cops," Casey said. Casey said many demonstrators remained in the park vicinity for more than three hours. The majority of the crowd probably came to DuPont Circle to only the few equipped with helmets and gas masks demonstrate actually anticipated a direct confrontation with police. Although under constant assault, Washington police showed remarkable restraint, and even the editors of the Opinion were forced - to appreciate their conduct. - - FLEEING FROM GAS Junior John Gorman, an observer, joined others in the run to escape the stinging tear gas fired by police protecting the Department of Justice. The photographer of this picture quickly followed suit. LEGAL OBSERVERS SeniorLaw studentdiscuss the day's events scheduled on Pennsylvania Avenue. They acted as legal observers for the National Mobilization Committees. Shown here are Norman Alvy, left, William Dixon, James Keysa and Thomas Casey. - Freshmen Marge Anderson looks surprised tomee F«*man SURPRISE MEETING Joyce Hanks In the central headquarters of the National Mobil.zat.on Commrttee. Other surprises included Donaye Halley, center, and Norman Alvy, both seniors. - Abbie Hoffman, one YIPPIEI of the defendants in the Chicago Eight trial, madehis appearance in the grandstand next to the speaker's platform during the mass meeting - SORE FEET Junior Richard Rosche nurses a blister earned on his "March Against Death," which began at 5:30 Saturday morning. He did makeit through theentire day's events, however. 5 �Biafran Judiciary individually oriented Duruji may begin his action by in the judicial process. approaching the head of The plaintiff is then called Madumere*s family and relating to upon to state his case amid suffered. If a dm onit ions from his jurors him the affront he next of kin inherit it. The Madumere is the family head, (supporters) that he be honest community can take the land Duruji may complain to all the because they would not want to from him only for communal next of kin of Madumere. If share in the curse of the goddess. utilization, e.g. to erect a hospital Madumere's family succeeds in La nd, if he should utter a bringing him to reason, he will be falsehood. or school. But he is compensated required to pay adequate Next, the defendant states his for this taking. Any encroachment on one's compensation to Duruji and the position amid the same warnings by his family and supporters that land is a course of dispute for palaver ends. If the family does not succeed, he teii the truth. Crosswhich the judicial process must be Duruji may take a sum of money examinations are entertained and applied. The society exists to safeguard ($.60 to $ 1.20) to the village head each side rests its case. The jury individual interests. Biafran and file a complaint against retires to seclusion. Supporters of communities can be collectively Madumere. The village head will both sides are part of the jury. I described as "individual-oriented summon Madumere and require have never known of any jury society" as opposed to from him the same fee that Duruji deliberation that has lasted more paid. The issue is now joined and than two hours. "society-oriented society." the village head appoints a day for Trial of any dispute or crimeis The point at dispute is usually the hearing. by peers. the amount of compensation and piece of land over which he has the soverign right to use as he desires (except to dispose of it permanently). When he dies, his Editor's note: The following article is authored by Anthony U. Uzomba, who is an M.A. candidate in Anthropology at State University of Buffalo. The author is a native of Biafra and has taught in its elementary schools. His essay offers a first-hand analysis of the procedures employed by the Biafran judicial system in adjudicating individual rights. Biafran village communities are autonomous societies. Within the villages, the stress is on egalitarian status and roles; on individual identity, independence, and dignity. Each village territory belongs to the village people as a whole, but each family permanently holds a share of the territory in trust. Each family There are no permanent law then apportionsparcels of land to enforcementofficials. Everyone in individuals in the family for land the community has a stake in the utilization purposes. The land traditional law and equity of the may be mortgaged but never sold community and in its outright. Even then, only the head enforcement. of the family (who is the There are no prisons in the custodian of the family land on community. The culprit pays for behalf of the community) can his offense at the time of mortgage the land. Otherwise, eachindividual utilizes his portion of the land as he sees fit. From this background, one can deduce the following points about theBiafran way of life: Land is the central societal focal point in Biafran communities. Each man "owns" a -- FRESHMAN GRADING RANGES 596061626364 - Admin. Law A Prof. Angus It 1'rof. Gilford Civil Procedure A Duruji invites his own jurors 1 I II - - 6566676869 707172737475 767778798081 by Rose Hamlin 4351 II 813544 24369 18 412231 The year old Buffalo chapter of the national organization of Black American Law Student's 4 1 12 - Torts A Prof. King B-Prof.Laufei 62533 9 243 14 7 12 6778 - 7242 I Environmental Management I- Prof.Magavem 11 Prof. Kaplan I 54541 I 222 847784 3442 12 6 33 3 3 1 4 2 12 1111 1 11112 1 III-Prof. Gieiner rV-Prof.Reis V Prof. Goldstein 11 - 1 112 I 231 562211 5422 112 2 2 4 3 1 3 7 12 4436 3 12 3 2 5433 59 10 13 93 31 3 I 3 6 126 5 3 2 Civil Proceedure A Prof. Kocheiy Contracts A Prof. Hollands Torts B Prof. Laufer 117 1 7 2 14 3 15 273 12 7 8 3 2 641212 JUNIOR AND SENIOR ELECTlVES Advance Corp.-Prof.Fleming Juniors Seniors 2 Seniors Family Law-Prof. Swartz Juniors 2 Seniors LaborLawPiof. Kocheiy Juniors Seme Seniors 6 112 3 2 1 judicial fee. In the Biafran judicial system, effort is made to swiftly expedite justice. Emphasis is on restoring the rights of the offended party by compensation every from the offender. It is the individual who is wronged in each crime, rather than the state society. Society exists to uphold individual rights. Justice is not only swift, it is inexpensive. There is no one who cannot have his greivance heard because he is poor. Nearly everybody can afford the insignificant fees of the judicial process because everybody owns property. Moreover, either party to the dispute decides on the amount of the filing fee. The minimum is $.24 (i.e., two shillings British sterling). But a complainant can lay down as much as $1.20. The defendant can bargain this down to $.60 or less. If the complainant insists on his high fee, people will murmur that he is trying to buy justice or he is trying to forcehis opponent out of justice. Usually, Among the purposes for which the organization was founded are: to articulate and promote the needs and goals of the Black American law students, to utilize legal training to bear upon some of the problems, legal and non-legal, in the black community; to instill a greater awareness in the black attorney and law student of the needs of the black community and to encourage a greater commitment to those needs and thereby to earn the respect of the black community; and to influence American law schools to use their legal expertise and prestige to effectively bring about changes within the legal system responsive to the needs of the black Association (BALSA) is currently active in helping to arrange a course to be offered here in the spring semester related to present inner city problems. Members of Buffalo BALSA are also currently involved in obtaining work-study grants for all law school minority students. The national organization was founded in 1967 by black students from the New York University and Columbia University schools of law. It now has 20 chapters at colleges and community. universities across the country. Phi Alpha Delta plans expansion of programs The Buffalo chapter of Phi Alpha Delta Legal Fraternity (PAD), is currently proposing and implementing projects which are designed to be beneficial to both School and the Profession." Senior Richard Furman is presently coordinating a Defense Counsel Pool with the assistance of some of the faculty members. Law students in this pool will 3 2 2 6 4 12 members and non-members. Last year, PAD sponsored a argue cases before the Student symposium on "Sex and the Law Judiciary and the Committee on in Perspective Today." This year's Student Behavior on the main 12 1 symposium will deal with the campus. .2 11 topic of obscentiy in the theater, Throughout the school year, films and in print. The proposed format will include audio-visual PAD members are invited to 345 15 79 demonstrations. informallunches with the faculty. 1121 1 4 2 2 2 2 1 The scope of PAD'S This valuable informal contact faculty provides an open semi-weekly business meetings with the have been expanded to include forum whereall issues concerning guest speakers. Future speakers the operation of the law school 6 2 11 4 4 1 2 5 will include representatives for the are discussed. Next fall, PAD plans to initiate legal community, SDS and the 3 4 1 Buffalo Police Vice and Narcotics a freshman orientation program which is designed to provide the squads. The Fraternity's motto is entering freshman with a working "Service to the Student, the Law knowledge of the library. 1 Collective Bargaining-Prof. Atleson Juniors of communal drinking, after which the case to an end with everybody sharing in the judicial fee. Even the parties get a share of the comes UB BALSA active SECOND SEMESTER 1968-1969 Prof.Kocheiy Contracts A-Prof. Hollands the amount (supporters) and Madumere does settlement fee. Usually, before the likewise. The village head appoints jury retires to seclusion, everyone jurors to represent the knows whom the settlement community. These three groups favorsand whom it disfavors. / constitute the tripodal jury Finally, the jury reaches a system of Biafran communities. conclusion. Usually the village On the hearing day, each set of head becomes the jury's jurors surrounds its client. The spokesman. Sometimes he conviction and returns to the first order of business is for the delegates this function to a juror disputants to provide gallons of who has distinguished himself community. His personal and social rights and responsibilities palm wine for all to drink. This is oratorically, for our people are neither affected nor impinged done to reduce the atmosphere of believe in proper presentation of antagonism and tension. The goal public decision. in any way. Let us now examine a of every hearing in Biafra is The one who is disfavored in hypothetical case. Madumere settlement of the dispute, not the settlement forfeits his original encroached on the land of Duruji, judgment against any person. This judicial fee. The one favored or stole his yams, or struck him. aim underscores every maneuver receives back his original fee. The guilty party pays compensation to the favored one or is given a stipulated time to do so. Each party to the dispute pays for another bout of palm wine 2 3 3 2 1 �Guest speaker advocates Complete bail reform system Charging that flight is an major premise" underlying the inadequate standard for present system is that "we determining bail. Donald place bail a high money bond to Santarelli, a federal associate deputy attorney general, called for a complete reform of the current "money bond system." detain persons who are considered dangerous to the community, not because we are attempting to prevent their flight." Santarelli, speaking to law students recently, said the criteria The Eighth Amendment of the for granting bail to an accused Constitution grew out of the should be the "likelihood of English Bill of Rights und under danger to the community, instead English law one does not have an of the traditional flight test." absolute right to bail, he said, He said that the "unarticulated adding that bait is left to the absolute discretion of the English magistrate. The Moratorium Caper by Robert Krengd As it was conceived, the idea of a national moratorium day to protest the war in Vietnam was wrong.But as it was carried out at this Law School, it was stupid. Some of us had supposed the day would be tolerable. Although many would choose to express their dissent, our right to conduct business as usual would not be violated. Alas, we had not reckoned with the Faculty. A few days before the scheduled moratorium, a student petition appeared, calling upon the Law School to suspend classes on Oct. 15. The petition accused President Nixon of being unaccountably stubborn, and pointed out that there had been no progress in Paris for 16 months. That is correct. It is also correct that 17 months ago the same critics were telling us that we could make progress if only we moved to the negotiating tables, that we would make progress if we stopped the bombing. But now these critics whose counsel has failed us before are just crammed full of new advice, and enraged because the President has the intelligence to ignore them. Therefore. Santarelli insisted, detention before trial should not be repugnant so long as it does not "contravene our notion of due process." He explained the concept of due process in terms of what appears reasonable and necessary to the judicial system. Arrest period, commitment of alleged insane persons for observation and detention of addicts until "recovery" was cited by the speaker as common judicial practices which fall within the framework of due process. Under the proposed bail reform advocated by Santarelli, a detention hearing could be held within five days upon motion by the accused. *it could take a few minutes to one or two hours at the most," he said, referring to the duration ofsuch a hearing. The judge, Santarelli said, would have the discretion to decide whether there was a high probability that an individual may flee if released before trial. But he could exercise that discretion only for crimes generally posing a threat to serious bodily harm, such as: assault, homocide, The petition was rejected by an burglary andsale of narcotics. overwhelming majority of The speaker, sponsored by the students, about 91 individuals Distinguished Visitors Forum, is a (less than a quarter of the Law graduate of Mount St. Mary's School) signing the document. College, Maryland, and the The climax came when our University of Virginia School of new dean, William H. Angus, used Law. his wisdom to solve the problem and failed miserably. Although the University could not suspend classes for political reasons, pontificated the Dean, each required to reconcile openly at Faculty member would have the close of the trial. The "discretion" whether or not he offended party is admonished to would suspend his class. forget the incident (no matter how grave), and never to tease the Now if giving an instructor the offender about it. "discretion" to suspend classes is There is no marked polarity more than a euphemism for between criminal and civil cases. granting him permission to Every offense is usually against suspend classes, then I will rehire someone, or a group of people, in to the DMZ. What is the community. The judicial objectionable about this policy,so is process in Biafra is geared to that it allows a political cause to repairing the damage or restoring interfere with the education of the loss suffered by the offended students who do not agree with p arty. 11 is not always the that cause. If there were a Nazion complainant who is favored at the our Faculty, would he have the trial. If, in fact, the complainant "discretion" to suspend his class caused the altercation, he will be on Hitler's birthday? If he would required to compensate the other not, then either (a) only Faculty party for any losses incurred. members protesting the war in Protection of individual rights Vietnam have "discretion" to is a foremost aim in Biafran suspend classes, or (b) the Dean society. It is with thisend in mind will choose which political that the Biafran judicial system protests merit suspension of operates. classes. Either alternative ia - - OFF THE CUFF Bail reform advocate Donald Santarelli discusses his proposed reforms with senior law student JasonKarp after lecture. - Biafran legal system... continuedfrom page 6— he backs down and settles for the lower fee, accepting the balance of hisformer outlay. There are no prisons, penitentiaries or reformatories in Biafran communities. Rehabilitation of the offender is on the spot. The jury not only determines the compensation which must be paid to the plaintiff, but also the points upon which the defendant is to be admonished. These points are in the form of an appeal to him and his family. He or she is told to be of good behavior, in order to save himself loss of time, loss of money, and loss of good standing among his fellows. Someone will recall the high regard that he is held in and which his present actions threat:ed to obliterate. Most of all he is admonished to save his family embarrassment. "It is the relatives of the deviant who are shamed. The deviantknows no shame (Self-respect)." All the admonitions are nevertheless made good-naturedly, so the offender feels good. Usually, he is asked to thank the community for saving him from the grip of unjust behavior. Next, the disputants are personal Pre-trial release program aids indignant prisoners by JosephHodan Students at the law school past year, been have, for the involved in the Bar Association Prisoner Release Program, aimed at insuring indigentprisoners their traditional right to freedom before conviction of a crime. (See Speaker story on this page.) The Prisoner Release Program is under the direction of Attorney Arthur Sabia. Funds are available through the County Legislature to pay law students to make recommendations for the release of prisoners. This procedure is aimed at alleviating the overcrowded conditions at the city andcounty jails. Mr. Sabia said that most defendants released on bail will not attempt to evade the jurisdiction of the court. He attributes this to the defendant's "roots in the community, namely, the years he has lived in Erie County and the closeness of his family ties." A defendant's past record is - unacceptable, and may be against State Law. Three Professors, whatever their feelings about the war, held classes. They are to be applauded for their sensitivity to the rights of all students. As for the other Faculty members, the 'same cannot be said. It is a pity that teachers dedicated to the rule of law could not have phrased a better position. This year over 13,000 South Vietnamese soldiers (compared to 8,000 Americans) have died. Unlike the Faculty, they remembered the 3,000 civilians in Hue who were summarily rounded up and executed last year. Columnist JosephAlsop, a frequent visitor to Vietnam, believes the victims of execution could number as many as 1,500,000 if the North conquered the South. Lending support to these figures is the massacre of thousandsof peasants in 1954 when the Communists came to power in North Vietnam. Why were they slaughtered? The South Vietnamese who fight on know the fate thatawaits them if they are raped by the Communists. They have chosen a better position than the Faculty. An unconditional withdrawal would certainly encourage the Communist-backed Arabs (VC-styled "Liberators" too) against Israel, and theHuks in the Philippines. North Korea's Kirn II Sung has promised to reunify Korea by 1971, and might be tempted to try it. No mention was made by the Faculty of the devaluation of every U.S. defense commitment around the world, and a vastly enhanced likelihood of a major war. The issue is not peace; only madmen oppose it. If the United States unconditionally withdraws our troops the soundsof guns will be stilled, the casualty lists will temporarily disappear. Vietnam will at last be quiet. But it will be a silence of death rather than peace, a silence which will cut through the terror-filled night of Communist slavery. It is to be hoped that if there are further moratoriums, all Faculty members will teach their classes, regardless of their feelings on the war. Sincere feelings supporting or opposing the war can be demonstrated in an atmosphere of mutual respect for the rights of all. A day as serious and important as this should be more than the Faculty caper we witnessed on Oct. 15. carefully scrutinized for the number and nature of previous convictions. A defendant with a history of narcotics violations, sex offenses, or crimes of a violent nature is usually denied bail. Approximately 100 defendants have been released on bail through the program since September. Six defendants who were recommended for bail have failed to appear for sentencing, while five defendants who were not recommended for bail have failed to appear. The Prisoner Release Program benefits those defendantswho are eventually convicted for their record of deportment while on bail increases the likelihood of probation instead of a prison sentence. Students involved in this program are: Joseph Crouse, Terry Connors, Deborah Lewis, Richard Stokely, Richard Rosche, Timothy Kane, Murray Grashow, Greg Stamm, JohnBlair, Clarence Sundran, Larry Groshen and JosephHodan. ™^ A , taris saarg !5k. s k: 1 7 �Fleming Selected to Head Advocate's Office Acting on recommendations of a joint committee representing students, faculty and staff, University Acting President Peter F. Regan created the Office of the University Advocate. This office, according to Dr. Regan, is intended "to improve our ability .to effectively handle complaints, offenses and grievances and disputes arising in thelifeof our University. " . Appointed to the position of University Advocate was Robert Fleming, Faculty of Law and Jurisprudence. Working in con j vnction with Fleming is RonaldStein, Associate Advocate. Stein was formerly assistant director of the Office of Student Affairs. Norman Effman, an attorney who worked in the Appeals Division of the Legal Aid Service, and was formerly Chief Justiceof the Student Judiciary, held the position of Assistant Advocate. Discussing the role of students in matters of theft of property, assaults and landlord-tennant disputes. The powers and responsibilities of the Advocate's Office, as determined by the committee which formed the office, are to: standards of administrative law students and several judgment(the standards by which undergraduate students. Seniors decisions are made with specific hired for the academic year are: reference to individuals and Joseph Tringali, Eli Scnmuckler 1. on his own initiative, or on directly determining their rights, and Joel Wa Iter. Additional the complaint of any privileges and standing, for students will be hired next administrative officer or member example, grading of students, semester, according to Associate of the University Community, hiring and firing, and granting of AdvocateStein. financial aid); 2. provide counsel (either within or without his office) for member of the University Community complaining of or charged with violation of the University rules of Conduct or University Advocate, Fleming said: "People are wondering what we are going to be. We have a lot any of business in behalf of individuals against the University. Some people are getting confidence that we can help." Stein, commenting on the concept of the University standards of administrative judgment; 3. initiate to become truly self-regulatory. To this end, we The senior class voted 3-to-l in favor of a separate graduation in addition to the required university-wiae commencement. Eighty-seven per cent of those voting for the separate "Hooding" ceremony wanted Thursday evening, May 28, as theirpreference. In addition, the seniors were recent actions the Advocate's investigation into alleged incidents of police harrassment of University students, the ROTC disturbances and general legal advice to Students yesterday and today voted on four proposals that resulted from a Nov. 12 student body meeting concerning the taking of Prof. Robert B. Fleming from the law school. Prof. Fleming, no longer teaching Contracts and Corporations, is currently the University Advocate. The proposals that were put to a vote concerned: whether students in the classesaffected by Prof. Fleming's departure should Office are an Students Form Defense Group A law student defense evenly split on the question of committee has been formed in whether they should contribute response to action taken against funds for an Honorarium for the graduation speaker. The Faculty students by the Advocate's Office auxiliary arms of the and other Committee on Budgeting and Programs had previously decided campus student judiciary. Senior Richard Furman, head not to provide monies for such an of the Student Coordinating Honorarium. Prior to the senior class referendum, the Graduation Committee, chaired by Stephen Perrello, had written to the Vice-President of University Relations, Dr. Rowlands, requesting that the seniors be permitted to attend a single graduation ceremony, exclusive of the main university commencement. Dr. Rowlands said that the matter is open for discussion. However, Mr. Perrello said that the prospects for an exclusive ceremony were slim. Although probably not able to offer an Honorarium, the Graduation Committeehas invited Chief Justice Warren Burger to speak at the ceremony. But, due to a lack of funds, Perrello stated: "all we could afford to offer the Chief Justice is transportation and lodging." Defense Council, said the purpose of the organization is to: "defend person who receives a summons from the student court, or the committee on student behavior. It is designed as an alternative source of counsel for those who are called before these two organizations and who want to be represented by counsel." A series of complaints have been issued against students al 1c gedly participating in the disruption of the ROTC classes on any campus. Furman analogized the defense group to federal legal aid services. "Anyone who is otherwise no r mally subject to sanction without representation will get representation at possible level." the highest Other members of the defense council are: Kenneth Berman, Raymond Bulson, James Brook, James Euken, Jeffrey Frank, Barry Gassman, Murray Grashow, Clancy Grotto, Mark Hirschoin, Bruce Hofstetter, John Janiah, Jasen Karp, William Mitchell, Gerald Morreale, Vincent Paradis, Jay Ricketts, Paul Rosenfein, Frank Tessyman, B.J. Whalen, Jr. and Harry Wyman. Law students will prepare briefs and do actual trial work before the Student Judiciary Court. - A FLOWER POWER Washington policeman shows that he comes in peace by cleverly displaying a rose during Moratorium activities in the nation's capitol. The National Press commended the Capital police for their fineconduct (See stories on page 1 and pictorial enay onpage 4 and 5). NORMAN EFFMAN Fleming's departure causes dissent undertaken by ceremony request action to prevent or mitigate violations of the University rules of conduct or standards of administrative judgment; direction Seniors Favor judiciary." responsibilities Own Ceremony Advocate's Among by Stephen Lee RONALD STEIN Community must immediately move in the of a University wide or appropriate authorities to take Advocate, said: "The Advocate is only a beginning in a concerted attempt by the whole University ROBERT FLEMING 4. act as amicus curiae in acting as prosecuting attorney or counsel, commence proceedings adjudicatory proceedings within within the University for the the University. adjudication or enforcement of The Advocate's Office is University rules of conduct or supplemented by part-time senior PLAT IT SAFE to Cancer's Be alert Seven Danger Signals. Call your localoffice of S ? American Cancer Society *«! for more information. view is that the interests have been reconciled." Also referring to the interests involved, Interim Dean William Angus said that according to faculty policy, "when a faculty member wants a leave of absence, it is usually granted, except in the case of extreme faculty need, because in the long run, it is felt that the faculty will benefit from a leave of absence. It means balancing the interests of the University community as against faculty decide internally the solution to interests." He admitted, however, the problems caused by the that it is "very unusual" to grant a departure;a condemnation of the leave of absence in the middle of a decision to take Prof. Fleming semester. The facts that Dean Angus without the participation of students and/or faculty; a presented were thatProf. Fleming "remedial sanction" of a request requested a leave of absence for from the University of three new lines in the budget for next semester for professorial positions and nine new lines in next year's budget. The final proposal states that "until to accept the post of University Advocate, which is normal procedure. He explained that the reason for the lack of faculty and student participation in the decision was the requirement of speed. Dean Angus said: "Prof. Fleming first advised us on a Friday, and made two suggestions for replacements. On the following Tuesday, he said he must assume office on the following Monday. We had a total of ten days to takeaction." Speaking as a member of the faculty, Prof. Laufer said: "We knew nothing of these developments,although they took place over several days. We were presented with an accomplished fact." one year remedies are accomplished, students encourage all faculty members to withdraw membership from all University-wide committees and programs." This last proposal was changed from its original form, as introduced by associate professor Al Katz, which stated "demand" instead of "encourage." The controversy over the wording was initiated by Provost Hawkland, who said that he agreed with the ideabut could not agree with the tactic of demanding. When the wording change was approvedby the students present, Provost Hawkland added his endorsement Preparing for game: Freshman Intramural football team exhibited winning form all season until they were defeated last Wednesday for to it. Discussion at the meeting the league championship. centered around a report submitted by a committee of the SBA, consisting of Barry Donalty, NON PROFIT Richard Pariser, Richard Rosche ORGANIZATION and JoJo Seggio. The report explained the problems thathave arisen since the taking of Prof. Fleming, stating that the "arbitrary action" was "detrimental to the Law School" and that "remedy must be found to protect" the interests of the students in the classes that were affected. - Speaking at the meeting, Provost Hawkland said that three competing interests are involved in the controversy interests of the University,the faculty and the students. He commented: "The University has not acted in a reprehensible manner. My own - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1969-11-25 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 10 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 11/25/1969 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/eef97641b7517e9be4f876b491acdd81.pdf c9056373c8c8ef2ab1cc9e937bfee186 PDF Text Text SBA Holding Meeting on Commission Proposals Today Faculty response to the Joint Commission's proposals that were overwhelmingly endorsed by students last May and projected committee budgets highlighted the recent Student Bar Association (SBA) meeting. A general assembly is scheduled for today—l2:3o p.m. in Room 110—to explore further steps towards achieving the goals set by the Commission in light of the faculty's reaction. "The ball is back to the students on these proposals," a commission member, Professor Ken- commenting on the changes, "We don't want the recommendations to be dropped now," a stated: "The faculty did not incommission member, Senior Edtend to lighten the load of stuThe main thrust behind the win Wolf said, and added: "The dents. The intention was that we communications vehicle (FSRB) faculty's response was a suggesare going to demand just as much tion that the recommendations— is what we are most concerned as before but expect better ciass which were generally accepted about at this point in time." preparation, greater depth of stuwith the notable exception of perdent understanding of the mitting student participation in A revised curriculum was courses, better performances in the deliberations of the Tenure adopted by the faculty last May class and on the final examinaand Promotion Committee —be which embraced many of the tion." implemented by a continuing, Commision's proposals, having central body—a Faculty-Student the effect of removing three reIn terms of faculty opposition, Relations Board (FSRB) with quired courses in the second and they not only objected to student equal representation of students third years and reducing the numparticipation in the deliberations and faculty to hear grievances ber of hours for all years. of the Tenure and Promotions Committee but also opposed pubconcerning all areas of school activity. (See editorial, page 2.) Interim Dean William Angus, lication of student evaluations outside the law school while reserving judgment on publication inside the school and its ultimate use. neth Joyce said prior to ing. the meet- THE VOL. X, NO. V OPINION State University of New York at Buffalo, School of Law . "We regard our work as an experiment, one that will not set precedence in determining the relationship." "It is more of a team effort. This is prob." ably unique in legal education Reading both quoted statements readily are from they that conveys an impression the same person, about the same subject. Actually, the former was enunciated by Provost William D. Hawkland; the latter by Interim Dean William H. Angus. Each was interviewed separately, by different reporters, and yet it becomes apparent in that both share a special sense of purpose the top slots of the administrative hierarchy of the law school. Provost Hawkland, a noted author and authority in commercial law, officially assumed his currentposition last July, although he was performing a dual function as provost and dean since September, 1967. Professor Angus, an author of an administrative law casebook, became interim dean following Provost Hawkland's elevation and at the behest of the faculty. "I was made provost in 1967 but kept the deanship because we had the smallest of the faculties in the university system and it was felt that we did not need both," the provost says. "Yet there was something missing that namely, objective, was so very important unbiased reviewability of decisions." For example, when the dean of the school sets professors' salaries, ideally the provost would subject the salaries to review, requiring, at times, justificationby the dean. Referring to that hypothetical, Provost Hawkland says: "It became clear that there was a conflict of interest between the deanship and provost position. 1 don't think it's possible to be fair." Provost Hawkland is directly responsible — OCTOBER, 1969 the budgets are finalized at their original estimates, which is expected at the next SBA meeting following today's session. Committee budgets proposed were: Social (Senior Thomas Wojciechowski), $3,200; Orientation (Senior Timothy Dwan), $400; Athletics (Senior Kenneth Dia- mond), $300; Distinguished Visi- tors Forum (Senior Norman Alvy), $1,900; Graduation (Senior Stephen Perrello), $850; Convention, $1,000 and the Black Student Bar Association, $600. Senior SBA Representative Norman Alvy called for a financial report of the downstairs bookstore to determine whether "there was a feasibility of operating it on a non-profit basis." In other SBA business, out of a general budget of $9,500, various Alvy's demand was unanimousschool committees proposed ten- ly endorsed by the SBA after tative expenses for the upcoming Representative Timothy Dwan deyear. A balance of approximately clared: "We already got screwed $1,350 may still be available if this semester. I want action now." to University President Martin Meyerson, replacing the vice-presidents of academic, af- fairs, finance and research, who formerly acted as the liason between the dean of the law school and the university president. Interim Dean Angus described his status as "on of facilitating development of the school's re-organization pending the arrival of a permanent dean and not as one who is making authoritarian decisions." Reorganization of the law school's administration not only includes the addition of ,a provost, but also the chairman of the legal studies program (Professor William Greiner) and a co-ordinator for research and special projects (Professor Milton Kaplan). The chairman of the legal studies program is responsible for planning and initiating non-professional studies. This would in- clude: students within the faculties of the university taking courses in the law school; law students enrolled in courses outside the law school, and a three year program culminating in both a J.D. and Ph.D. degree. "This structure," Interim Dean Angus said, "puts research and special programs with one more person. "It is now more of a team effort. In a sense, we have de-centralized. This is probably unique in legal education, where usually the dean has been in charge of everything." While Dean Angus sees himself as a transient, since a permanent dean is expected be found within two years, he is weatherto ing his new position with enthusiasm. Says Dean Angus: "It's very exciting. 1 am an orchestrator endeavoring to facilitate all the parts so that we can work together under the new reorganization. My functions differ from a permanent dean in that we now have a chairman of the professional program division (Professor Louis Del Cotto) which is normally headed by the dean." �The 2 Editorial: Applause for Faculty Response To Commission Recommendations The law school faculty ought to be applauded for their prompt response to the series of recommendations formulated by the joint student-faculty commission and overwhelming endorsed by students last May. It is, indeed, heartening to sense that the faculty did consider seriously, and in some instances adopted, proposals largely inspired by students who had enough gumption to openly challenge the established ways—ways fondly sanctioned as binding precedence, despite conceded dissatisfaction. Verbal exchanges, occasionally bordering on the brim of personal insults, during the school-wide convocation left many doubt- ing the intentions of faculty members, which appeared to some observers as superficial acquiescense to student demands, that they were not about to consider real change, that they wanted to "burnout" the reformation attempt. What baffled many was the fact that here, in an ideal setting because of the intellectual talent grouped together, change could not be easily realized. Faculty members at almost every opportunity cautioned that it would take time to institute any change. Their outward reluctance perhaps was the spark to the fervor that marked the convocation. But subsequent events have proved otherwise. Much of the substance embraced in the Commission's proposal for a revised curriculum has been adoptedby the faculty—there is a reduction of hours and courses affecting all years of study. While it may be said that such revisions were in the making prior to the convocation, few can doubt the impetus generated towards creating a favorable faculty attitude that ultimately led to adoption of the new curriculum. Editorial: October, OPINION In the realm of grading standards and procedures, labelled so aptly during the final Commission hearing by Senior Edwin Wolf, as the "biggest bitch,' new attention is now being focused upon the problem by the Grading Committee. Their report is expected shortly. Hopefully greater accuracy and fairness can be achieved in such an important area. The only major disagreement is the refusal by the faculty to permit student participation in the deliberations of the Promotions and Tenure Committee, even though students would not have had a voting seat under the original proposal. Distrust of student competency and confidence surely underly this opposition. Theirposition is totally inconsistent to the point of irrationalism, because the faculty has agreed already to permit student representation, with voting power, on each committee in the school. The faculty must view the Promotions and Tenure Committee as a "sacred cow", untouchable by students. And it is here that students will fight, because they know they are right—they should have some say in deciding whether to keep or promote faculty members. The faculty recommends that students should serve in an advisory capacity, with without participating in the deliberations of the committee. Their foolish proposal deserves no further comment by me. Except for the "sacred cow", there is a meeting of the minds on most of the Commissions proposals. It is now up to both groups—students and faculty—to implement the desired ends through a central organization—the FacultyStuednt Relations Board. And it cannot be soon enough. - by EMIL WARCHOL Editor-in-Chief 1969 All Gods Are Dead By Jerry Levy It was a lazy summer morning so I picked up the "Voice" to review the selection of flicks and there on page 39 was "Kong" I brushed my teeth, "put a comb through my hair" and headed for the "D" train which took me to 4th Street and from there I walked across to Lexington Avenue where the Elgin theater is situated. The theater was stoned—packed. Somewhere in the flick, it's hard to remember, Kong appeared, "the monster" of the thirties but in 1969 he is our hero. Kong was making his own way, not hurting anybody—but along comes this white American hunter. All he sees in Kong is money and power. So he sends for 300 Chicago police who beat and gas Kong because he does not want to go. In New York Kong awakens to the oppression. Gaining courage and strength, he breaks loose and begins to fight for his freedom as we all must. .. "Fight on Kong" is yelled. In Miami and the Siege of Chicago, Norman Mailer quotes the Prince of Greed: "let everybody see that their dissent will soon be equal to their own blood; let them realize that the power is implacable, and will beat and crush and imprison and yet kill before it will ever relinquish the power. So let them see before their own eyes what it will cost to continue to mock us, defy us, and resist. "There are more millions behind us than behind them, more millions who wish to weed out, poison, gas, and obliterate every flower whose power they do not comprehend than fewer for their side who will view our brute determination and still be ready to resist. "There are more cowards alive than the brave." So they killed Kong, but not after he freed all of us. It was the same picture, Dick Nixon, but the kids are not. We are free and brave. From the Coast, Phil Ochs sings: "Thomas Paine and Jesse James are old friends and Robin Hood is riding on the road again. We were born in a revolution and we died in a wasted war ... So I pledge allegiance against the flag and for the fall for which it stands, I'll raise it if I can." A Time for Serious Reflection Student Bar Association Election The time is again Hearing when law Neff has worked tirelessly on behalf of the students will be called upon to elect repre- student body, participating on countless comsentatives and a president of the Stuednt Bar mittees, implementing new programs, and Association (SBA). No one should take this efficiently guiding the SBA representatives and committee chairmen. His leadership durresponsibility lightly. For the benefit of the Freshman Class, ing the past year comes as a welcome rethe SBA is the student governing body and prieve from the lackadaisical attitude of is composed of representatives from each previous administrations. class under the leadership of a president The opportunity and obligation belongs elected in his Junior year. Ostensibly, this to you, the student. Take the time to formgroup meets regularly to formulate and im- ulate opinions on the issues concerning the plement projects for the benefit of the stu- operation of the law school and demand exdent body. plicit statements from the candidates. UnIn the past, the SBA has provoked con- fortunately, the procedure in the past has siderable controversy due to what some stu- been for the candidates to present three mindents have considered an impropriety in the ute "speeches" and spew forth promises of management of funds, and a seemingly "bigger beer busts" to come. Certainly, a studied irresponsiveness to student views and more viable presentation and discussion of criticism. The time for concern is now, the issues should, and can, be instituted. rather than after the elections. A vital and efficient SBA is extremely imThere is a need to re-evaluate the internal portant. Due to its large budget and extenSBA structure. Specifically, the new SBA powers, the SBA is not to be equated to president must contendwith committee chair- sive high a school G.O. or college organization. men appointed by the outgoing president at the beginning of the academic year. The ef- As has been demonstrated during the current a functioning and fect that these "midnight" appointments administration, smoothly government is not only a might have on the new administration is ob- responsive student also, necessity, but a reality. vious. Also, under current practice, the repWith a new interaction between students resentatives elected by the Junior Class autoand faculty, what better way to promote and matically become Senior Class representatives the following year. Thus, the accepta- present the views of the student body than bility of the past performance of these reprethrough a competent and receptive SBA. The choice is yours. Make a wise one. sentatives cannot be decided at the polls. William Neff, the current SBA president, by JOEL WALTER deserves recognition for a job well-done. Mr. Associate Editor EXAMINATION RECUPERATION—Professor Kenneth Joyce, left, talks with a potential tax lawyer who is too young and too short to be seen here during the SBA picnic last may. Playing a supporting role in the interview is Professor Louis Del Cotto, right, another tax man. Both professors teach taxation at the law school. THE OPINION Editor-in-Chief: Emil Warchol Associate Editor: Joel Walter Staff: Marge Anderson, Rose Hamlin, Robert Krengel, Stephen Lee, Charles MeFaul, Jerold Yale. Columnist: Jerry Levy The Opinion Is published during the academic year by the students at the State University of New York at Buffalo, School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. �October, 1969 The OPIN lON Guest Speaker Blasts Political Institutions in American Cities A downstate assemblyman blasted existing political institutions as a major cause for the current urban crisis in the na- tion. As an example the results of direct primaries in New York City demonstrates that "this institu- tion has failed in its first major test", according to Albert Blumenthal, democratic state assem- blyman from Manhattan (west- side). His chidding remark was directed at the selection of Mario Angelo Procaccino (democrat) and John Marchi (conservative-republican) as this year's mayoral candidates. Mayor John Lindsay was defeated in last June's Republican primary and is running as an independent. Blumenthal, who holds both a bachelor and master of laws degree from New York University, said Procaccino "stands for everything I thought we threw out of the political organizations". He is supporting Mayor Lindsay's bid for re-election. Procaccino's picture appeared on the front cover in theOctober 3 issue of TIME, and was described as: "a defiant little man who claims to speak for the angry little people—by far the voting majority—who live and suffer in New York". TIME said Procaccino was selected as a backlash to Mayor Lindsay's "preoccupation" with the blacks and poor. 3 School Yearbook Revived By Charles MacFaul A law school yearbook is expected to be published this year first since 1963. Senior Margaret Quinn was of the —the cessful assimilation of minority groups into the political system, saying that blacks, who have doubled in population within the past decade and are expected to number more than 40 per cent in major cities by next year, are now seeking to usurp the "political pie" according to their own needs. Yet Negroes are confronted by a new group—the blue-collar, middle class who just recently succeeded from the city ghettos. "This new group has mastered the flag by playing the rules and are not about to change those rules," Blumenthal asserted. "All the ills that beset the City of New York," said Blumenthal, "beset all of us." Rising taxes and prices, inefficient services, strifetorn schools exist in both urban and suburban areas, he added. "It is not a question of who will get more of the pie; it is a question of what the American political system can produce to meet the needs of the urban and suburban areas." Blumenthal suggested that a coalition of people with common goals and purposes may be a solution, instead of maintaining the two party system to achieve social tapped as editor-in-chief 1970 annates. Although the full scope of the yearbook's coverage has not been determined precisely, Editor Quinn says the book will consist of 56 pages of law school activity from September to the middle of March. The issue should be in the hands of departing seniors prior to graduation ceremonies in June, said. Mrs. Quinn, a former student bar association representative, Editor Quinn said she is still seeking additional student help "if they would be willing to participate in the yearbook's revival." Seniors, according to Mrs. Quinn, must pay $1.50 to cover the cost for a class composite photograph that will also be used in the year book. Research Fellowships Awarded to Students By Rose Hamlin Twenty-three Juniors and Seniors were granted research fellowships recently. of nominations by individual faculty members." the basis This year the committee awarded $100 fellowships to students The Graduate School of the who will engage in faculty sponuniverstiy allocated $3,000 to the sored research activities. Each Faculty of Law and Jurisprud- student will decide with his facence for special research pro- ulty sponsor the type of research jects. A fellowship grant from in which he will engage during these funds ordinarily carries a the academic year. waiverof student tuitionfor each Those selected are: Richard semester. Salsberg, Gregg Stamm, Murry The responsibility for deter- Grashow, David Manch, Paul Gimining the amount of the award anelli, Stuart Gartner, Susan Levand requirements has been deleenberg, Thomas Casey, Warren gated to the coordinator of the Bader, Stephen Perrello, Frank committee on research and Valenti, Grace Blumberg, Abe special programs. Abramousky, Joseph Silverman, Peter Bush, Salvatore Latona, Professor Milton Kaplan, chairman of the committee, said: "The Kenneth Berman, Richard Weiss, Stephen Lee, Jean Holmes, Eli committee has laid down guidelines for awarding fellowships to Schmukler, Geral Morreale and law students. Grants are made on William Mitchell. will be is the pher. yearbook staff photogra- Staffers of the yearbook include: Richard Salsbreg, assistanteditor and treasurer; Sandy Kay and Stephen Perrello, layout-editors; Stephen Lee, advertisingeditor and Joseph Farber, general staff. Katz Added to Faculty By Marge Anderson The addition of Al Katz, devotee of criminal and constitutional law, to the faculty as an assistant professor is the sole crisis of the American political ends. new appointment made for the fall term. institution, and we are in the Pointing to the candidacy of Mr. Katz comes to the Law midst of a political revolution. While it may not mean blood Nixon and Humphrey in the 1968 School from the American Bar presidential race and their prob- Foundation, the research branch in the streets, it does mean vioable selection of Supreme Court of the American Bar Association, lent change." members, Blumenthal said: "I He worked for the Foundation He traced the apparently suedon't think liberals had a right from 1967 until 1969. After comto turn off. They should have pleting undergraduate work at made a decision, because others Temple University, Mr. Katz redid." ceived his J.D. and L.L.M. from the University of California at Blumenthal, in a question-andBerkeley. answer session following his reWhile attending law school, he marks on the topic of "Urban Critwo summers in sis", slammed the quota proposals worked for as part of the Law Louisiana advocated to insure that blacks Civil Rights Research are hired in the construction in- Students Council and was on the National dustry. Board of Directors of the Council "I don't think quotas will solve in 1965-66. the problem. The solution is to The new faculty member's inopen jobs by bringing down the terest in civil liberties is evidenced by his work in the field bars in the trade unions." of obscenity, having written such He said that if Governor Rockeas "Free Discussion v. feller enforced the Civil Rights articles Legally Relevant Final laws, unions could not discrimin- Moral Decision: and Artistic Controversy in ate. Blumenthal is a member of the Tropic of Cancer Trials" and the Civil Rights Committee of the Board of the New York Civil Liberties Union. "If we can't bring down the bars," said Blumenthal, "then we may have to bring anti-trust acA MOMENT OF RELAXATION—Over a cup of coffee in the student lounge, Albert Blumenthal, a New York State assemblyman repretion against them," cautiously adding: "It is one step I would not senting the westside of Manhattan, discusses the current political like to see." crisis in modern cities with Seniors Norman Alvy, left, and William Dixon. Blumenthal's appearance was sponsored by the Distinguished Blumenthal's appearance was Visitors Forum, a committee of the SBA. sponsored by the Distinguished Visitor's Forum, an auxiilary of the Student Bar Association. Speaking before a group of law students recently, Blumenthal declared: "The urban crisis is a General photography handled through the facilities of Hengerer's, a local department store. Senior Frank Tesseyman "Privacy and Pornography: Stanley v. Georgia." Mr. Katz currently teaches Evidence and will teachFederal Jurisdiction next semester. Promotions among faculty members resulted in one new associate professor and four full professors. Paul Goldstein, who teaches Property and Land Transactions—the latter shared with Professors Homburger and Greiner—assumes the title of associate professor. Newly promoted to full professor are James Atleson, William Greiner, Kenneth Joyce and Robert Reis. Prof. Atleson teaches Labor Law and a seminar on Internal Union Affairs. Prof. Greiner instructs Land Transactions and Building Systems Design, a course in the Legal Studies Pro- gram taught mainly to students in architecture and engineering. Prof. Reis conducts courses in Property and Land Use Controls. Other changes among the faculty include the return of Prof. Herman Schwartz from a year in Michigan. He teaches Criminal Law and a seminar on Conspiracy and the First Amendment. Want to Publish? Every newspaper is more than pictures and printer's ink. It is typewriters, sore feet, countless cigarettes, rotten tempers, deadlines, telephone calls, bull sessions and cold hamburgers. The Opinion is all this, plus the added ingredient of class schedules, briefs and exams. Like almost every school rag, it is published by a small group of frustrated journalists, dreamers, unpublished writers, soap-boxreformers and insomniacs. There are no special qualifications for a position here, except the urge to put out a newspaper and perhaps a special form of insanity. If this is your bag, it'll be a good trip. —Emil Warchol Editor-in-Chief THE GOOD, THE BAD, AND THE UGLY—Posing in natty attire at last spring's SBA picnic ere Joel Walter (left), Jeff White, and Jerry Yale. Young maiden below prepares to photograph photographer. Besides posing, other activities included seftball, touch football, eating, and beer drinking. �The October, OPINION 1969 4 Chief Editor Tohill Predicts Bright Future for Law Review by Stephen Lee Law Review in in the mood for change. And it shows. In comparison to the output of last year's staff which published Freshman Profile:- Changing Each Year Entering Students only one edition, this year's Review expects to publish three of its own editions (volume 19-1, 19-2,and 19-3), and has also printed edition 18-2 from last year. Edition 18-3 is presently at the printer. This output adds up to an unprecedented five editions for the 1969-70 school year. During the past year the Review offices have been completely renovated with a view towards efficiency. Editor-in-Chief Anthony Tohill said that the physical changes in the offices were "the result of the tremendous cooperation that MANUSCRIPT—Anthony Tohill, left, editor-in-chief of the Law Review, and Robert Keller, articles and book review editor, examine pending articles for the upcoming edition. Editor Tohill worked full time during the past summer, preparing assignments and editing last year's manuscripts teft by graduating seniors. REVIEWING Newhouse has shown the Review." Another sourse of pride for the staff members comes from the knowledge that they have regain-1 ed a great amount of respect from the faculty which had been lost by their predecessors, Tohill said and added "we can now look foward to a convocation between Law Review and the faculty through which a harmony of ideas and friendly rapport will be esEDITOR AT WORK—Notes and tablished." » Comments Editor Theodore Tohill attributes-much of this Kantor researches a point of law. 'improved methnecessary into year's staff an Such research is to sure the substantive accuracy of od of solicitation of manuscripts. all works published by the Law "In the past," according to Mr. Review. Tohill, "the Law Review staff Dean waited for unsolicited manuscripts to be sent to them and invariably published the few materials that were sent without regard to revision or criticism." Instead, this past spring, the staff mailed over one hundred and twenty letters to prominent authors. Ninty-four of these letters were answered. As for the future, Mr. Tohill hopes to create a tradition within the Law Review that will eventually make it rank among the best. He is confidently looking foward to four editions next year and eventually desires to have seniors write articles for the Review. York area. The balance are from metropolitan Buffalo and New By ROBERT KRENGEL Statistics gathered about the student at the law school indicate that although woefully short of feminine companionship in the classroom, the 462 male students make up for their loneliness when they go home at night. Erie County. Interim Dean William Angus is this year's enter- optimist about ing class. "This should be the best class we have ever had," he said and added: "The minimum admission standards were lower last year. Also we have the highest LSAT average we have ever had." Even with re-enforcements from the freshman class, only 20 women are willing to ventureinto the Eagle Street hovel each day. STANDARDS HIGHER On the brighter side, 119 students are married, representing The median LSAT score and almost one-quarter of the total college average for the freshman 482 enrollment. class is still unavailable at press to Registrar time, These and similar mundane Dean. according matters are now available, having been dutifully compiled by the A glance at figures listed in a law school's registrar, Mrs. Mar- report of the provost indicates ion Dean. that admission standards are increasing with each new class. large a The class sizes show attrition after the freshman year. The median LSAT score for This year's senior class numbers the senior class, who entered in a mere 109, representing a more 197, was 527 as compared to a drop since their per cent than 55 533 scored by juniors, first year. The juniors number median in 1968. Remarkably who entered although they currently, 132 year's graduating class enlast started out with more than 200. tered with the highest LSAT medThe largest group in the ian score in the law school's hisschool's population in the 241 tory—at least to date, since there freshmen who entered this Sep- are no figures available on the freshman class. The Class of tember. Selected from 969 appli1969 entered with a median 547. cants, they represent 69 colleges and universities, including 10 colNonetheless, credentialsaccordleges within the New York State ing to LSAT scores are somewhat University system. misleading. Admission is based on college achievement also. The law school continues to be dominated by stuednts from New Though the Class of 199 enYork State. Only 17 freshmen tered with the highest LSAT avcome from other states, while 123 erage, achieved a 2.55 median come from outside the Western collegeitaverage (4.0 basis) while this year's senior class entered iwth a 2.2 average. The junior calss entered in 1968 with a 2.66 median college average, the highest to date. New Placement Director: Them that has gets.. by Marge Anderson "I don't know if we really have a placement office; if so, I'm the head of it." With this somewhat In his short term as placement officer, the assistant dean has made use of the placement bulletin board for announcements concerning law firms desiring nebulous description of one of resumes and open judicial clerkhis new administrative roles, and ships. He has also conducted the admission that the place- individual interviews with third year students. At theseinterviews ment office cannot really "place" anybody, Assistant Dean Lance students are requested to fill out Tibbies describes the functions cards containing pertinent inof this ofice. formation as to their backgrounds and in areas of interest. These He indicated that the primary cards are then kept on file for function of the placement office reference by the placement ofis to operate as a "clearinghouse fice. plus" because it puts law firms and governmental agencies in The bulletin board and the intouch with students, and "plus" terviews are the two avenues of because the placement officer can access to the placement service locate firms and agencies that that are available to the student. may not otherwise recruit stuCommenting on the problem dents from Buffalo. that the five year old placement Elaborating on the "plus" asservice has encountered, Dean pect, Dean Tibbies reported that Tibbies mentioned the lack of he uses "traditional gimmicks necessary funds for the operation that educational institutes need of a complete service, especially to get their foot in the door." for traveling expenses. Traveling For example, he said, it is easier funds are considered essential, for a law professor to contact a for "if we had money we could judge concerning a clerkship than send the placement officer to New York and other places to for a student to do so. hustle big firms" However, with The "clearinghouse" operates the present budget, we can't even by setting up interviews here cover New York State adequately, Dean Tibbies explained. He inwith large firms and governmental agencies which desire large dicated that the former placement officer had more funds but, numbers of graduates. These interviews—extending through the because of a "cut on all state year but primarily in the fall— Universities across the board," involve seinor students almost there is no travel money availexclusively. Second year students able to him. may be interviewed at the end of the year for summer clerkA second problem that faces ships, but a freshman student, Dean Tibbies is one of time.Since if he intends to get any clerk there are only the administrative ship,"has to hustle his own tail positions of the dean and assistto get it," according to Dean ant dean—the associate dean posTibbies. ition no longer exists this year, Dean Tibbies must combine placement, recruitment, and other ad- ministrative tasks. Concerning the charge that the placement office only helpsMhose who are in the top of the class, Dean Tibbies admitted that its valid to a certain extent. "Firms and government agencies who recruit will be shooting for top students—you don't have to spend money to get lower students. But it is not true that there are no jobs for students in the bottom half of the class. These students must go out and get the jobs themselves; the placement office can't We can run down down some opportunities, but the student who is in the lower half of the class must work harder to get a job." Commenting on future plans, Dean Tibbies is "not going to do anything particularly different." He indicated that more emphasis is being placed on placement, especially since become part of the the school State has Uni- PROBATION HIGHER If probation and dropout figures are an indication of which class has been most successful, the Class of 1969 takes the prize. Only eight were dropped for academic reasons, after 35 went on probation in their first semester and 57 in their second semester. versity system. "The law school is trying to maintain a better reputation and become more state On the other hand, and this and nationally oriented." But by his own admission, may be due to the increased en- "them that has gets," and right now the state university of New York at Buffalo Law School does not "have." rollment, 19 of those in the entering class of 1967 were dropped; 43 went on probation in their first semester and 67 in their second semester. Enrollment in 1966was 155 as compared to 262 in 1967. Out of less than 225 students who entered in 1968, 15 were dropped at the end of their first year, after 41 went on probation in the first semester and 70 in the second semester. The geographic complexion of the student entering in 1967 shows that nearly 57 per cent are from areas outside Western New York. About one-fifth of those were UB graduates. Of those entering in 1968, 48 cent are estimated to have come from areas outside Western LOOKING FOR WORK—Senior James Orlowskl scans the place- New York while 23 per cent gradment board in hopes of finding a job through the services of law uated from the university here. school's Placement Office. Notices of potential employment from Slightly more than 55 per cent law firms across the country and in the Buffalo area -are posted as they are received by Dean Lance Tibbies, head of the Placement of this year's freshman class are not from WesternNew York. Office. per � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1969-10-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. Opinion Newsletter Vol. 10 No. 1 Date Issued Date of formal issuance (e.g., publication) of the resource. 10/1/1969 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/4627fca19d781bb123929a3fff63acc8.pdf 645b0f07b4b0430271b0901dc5ed6028 PDF Text Text THE OPINION VOL. IX, NO. 4 Stat* University of New York at Buffalo, School of Law Brussels Cancels Summer Program By MAY, 1969 Referendum Held Today Emil Warchol Cancellation of this year's summer study program in Brussels and the reasons behind that move were formally announced last week by Dean William D. Hawkland More than 17 juniorsregistered to attend the four week session on international law at the UniEmll Warchol versity of Brussels. The group During a student-faculty convocation last March, claims for student power put the law was scheduled to depart by plane schoeol in jeopardy, soon it may be in crisis. For students today and Wednesday are casting July 1-3, enabling stuvotes on a series of between dents to spend nearly a month of recommendations hammered out by the Commission, measures which are intended generally to give stutouring the Continentbefore classdents a greater share in the decision and policy making apparatus at the law school. es opened on August 4. If the proposals are endorsed, then they will be submitted to the faculty for adoption. And faculty action on the proposals may be the crucial move in creating a crisis. Says Steve Auerbach, a member of the Commission and senior: "We have gone through the formal procedure and have exhausted the diplomatic channels. It will be up to the student to press these proposals next year. Auerbach, who was one of the leaders during the faculty and student confrontation last March, adds: "As it stands now, they (proposals) will have to go to the faculty who holds the veto power. Regardless of the faculty's power, Dean William D. Hawkland HAMMERING IT OUT—Junior Edwin Wolf, second from right, offers I don't think seriously they can his opinion on some of the recommendations formulated by the negate these recommendations." "I'm sorry about the whole Commission during a six hour long meeting held in the Prudential. Although the Commission thing," declared the dean in his Waiting their turns are. left. Professor Louis Laufer, Professor Wil- composed of five students and opening remarks before a gathJoyce. liam Greiner, Wolf, and Professor Kenneth five faculty members was to ering of those who planned to report back to a general convocaspend the summer abroad. tion, it decided against such acDean Hawkland placed full tion, saying there was insufficient blame on the University of Brustime to hold both a meeting and sels, saying they lacked both adereferendum. Classes end Wednes- quate funds and perhaps some day, May 7. enthusiasm. "It is our duty to suggest a set The program would have cost of proposals for a referendum. I the University of Buffalo an estimated $15,000 and another Presiding as judges at the final don't think we have time for anJuniors Richard Ascher and Richard Baron claimed victory as rounds were Howard Dawson, jus- other meeting," Jerold Yale, a $7,000 contributed by the Unithe winning team in the annual tice of the tax court and Louis Commission member and junior, versity of Brussels. Students participating in the program were Desmond Moot Court Competition Spector, commissioner of the asserted. many "I think would like some requested to pay part of the held recently. court of claims, both of WashingThe week-long series, sponsored ton, D.C., and Daniel Yorkey, a action before September," Pro- transportation expenses. by the Moot Court Board, is the Buffalo tax attorney and a for- fessor Kenneth Joyce said. The recommendations, a culselection process for next year's mer professor of taxation at Cormination of five separate hearings membership on the board. nell University Law School. During the awards banquet held over the last month, were formuOut of 13 law students entering by the Commission during the competition, Ascher was at the Park Lane Restaurant, Pro- alated six hour meeting held Thursnamed "best speaker." fessor Kenneth Joyce, faculty adday. The secondbest team was com- visor of the board, said: "The real Here in capsule form are the posed of William Shevlin and thing is the experience of students William Worthington. working out their own briefs and basic proposals: The "best brief" submitted was presenting their arguments. It Curriculum: No more than four Professor Josephine King will co-authored by Timothy Dwan gives a real feeling of importance courses or 14-credit hours per leave the faculty of U.B. Law semester in the freshman year. School at the end of this semesand Ernest Ferrillo. and responsibility." Junior James Tylock was preMembership on the board for A legal bibiography course should ter. She will be going to the sented the 'Red Baron" trophy, a next year will be announced at be offered to freshmen, including New York City area, where her matchbox. the end of the semester. Those formal lectures by the librarian, husband has accepted the chairDr. Mostecky, and a research projmanship of department of ect conducted under specially anesthesiologythe at Downstate Medtrained upperclassmen and facul- ical Center. ty members. By a divided vote, Professor King came to U.B. the Commission favors no requir- Law School as a student in 1962, ed courses in the junior and senbringing with her a fine acaior year, except two original re- demic background. She received search papers in seminars. Also, her A.B. from the University of a reduction in credit hours to Pennsylvania, an A.M. and Ph.D. meet requirements for a J.D. de- from Bryn Mawr. She was also gree were recommended. a member of Phi Beta Kappa. Communications: Students While at U.B. Law School, Proshould have voting power on all fessor King was Editor-in-Chief committees, except on theFaculty of the Buffalo Law Review. She Appointment and Tenure-Promo- was the Outstanding Law Gradution committees (advisory capaci- ate of 1965, and also received Legal Oratoy—Junior Richard Ascher presents his team's winning ty). A new commission should be senior awards in Procedure, Crimposition during the final round of the annual Desmond Moot Court created to determine the propor- inal Law, and Evidence. Competition. Ascher, who was named "Best Speaker," and his partner, tion of students on each commitProfessor King has primarily Richard Baron, won first place among It other contestants. William tee. Membership on committee taught freshman Torts and Civil Worthington, left, and William Shevlin placed second In the weekshould be through a committee of Procedure. She feels that "teachlong debates. the SBA. Committee agendas and ing freshmen is very interesting minutes should be reported. and challenging, and that this Personnel: Student evaluation year's class is particularly serious Winners of the semi-finals were: selected are permitted to drop James Tylock, Baron, Ascher, three credithours of course work of professors and courses should and determined." Dwan, Ferrullo, Worthington and each semester during their sen- be made by a professional statisProfessor King feels that there ior year. ticianat the expense of the school. has been a marked change in the Shevlin. Defeated in the first round of The board is in charge of the A Faculty-Student RelationsBoard atmosphere at the law school arguments were the teams of Freshmen Moot Court Program, (FSRB) with equal representation during the past few years. There Margaret Quinn and James Orand the Niagara and Regional of students and faculty should be is more give and take between faculty and students, and the created to hear grievances conlowski; Frank Tessyman and PatCompetitions. rick Rimar, and Howard Berman Senior members of the board cerning all areas of school activi- latter take more initiative in the ty. Donald classroom Epand Charles Foote. are: Ralph Boniello, discussions. Students Grading: There should be homtoday have more of a desire to The hypothetical tax case ar- pers, Michael Gallagher, Elbert gued by the law students dealt Hargesheimer 111, James Harring- ogenous groupings by past college take part in the decision-making with whether moneys received ton, Dennis Repka, Douglas Rowe and L.S.A.T. performance within process in regards to their educaby an employee for moving ex- and Joseph Spaeth. freshmen sections as is now done tion, and Prof. King feels that penses fromhis employer should The law school,represented by in both the senior and junior sec- this is very commendable. The be considered as income under Gallagher and Spaeth, was de- tions. An attempt to eliminatedis- recent faculty-student convocation section 61 of the Internal Rev- feated this year by the Albany parte grading should be made by was very beneficial to the entire enue Code. Students were re- Law School in the Regionals of the use of similar syllabus and law school community, demonquired at times to argue both the National.Moot Court Competiexaminations in the required strating the "concern and tolertion. ance of our community for a sides of the question. courses. The dean outlined three reasons for the cancellation: The University of Brussels had not contacted English speaking students in Europe about participa- by Asher, Baron Victorious In Desmond Competition — — tion in the program; The Univer- sity of Brussels had difficulty in acquiring moneys from schools in Belgium; The overall propor- tion of American program. students in the Hawkland made it clear, however, that the program would be offered next summer despite the cancellation. "It is a very fine program and many of our faculty have said that we must keep it alive," the dean said. Dean Hawkland suggested that he would attempt to give students who had registered this year a "first shot" into the program planned next summer, "because we grieviously defaulted this group." Yet he recognized that seniors would have some difficulty in attending the program because of the bar examination. 'The trip to Europe isn't that pleasant for seniors," the dean said. Dean Hawkland intimated that the cancellation was not objected to strongly by Him because the University of Buffalo would have had some difficulty in meeting an additional estimated share of expenses that was requested by the University of Brussels. "They did a terrible thing, but we think it was a good thing," he stated in reference to Law School's increased contribution in the program. But student reaction to the news was a different matter, Dean . (continued on page 4) Professor King Leaving Law School views," and that "neither students nor faculty represent polarized, antagonistic camps of monolithic positions." Prof. King feels that we should meet as a "town meeting" or "committeeof the whole" Professor King often enough to keep the channels of communication open and informal. Professor King's most memorable events here are her selection as Editor-in-Chief of Law Review, her invitation to join the faculty upon graduation, and her selection last month as Professor of the Year. As to her invitation to join the faculty, Professor King stated that she "will always remember with appreciation Dean Hawkand's confidence in me, his encouragement, and example as a teacher and administrator." Notwithstanding her numerous honors and achievements here. Prof. King's "most lasting impression of the past four years is that of my students, who helped make learning and teaching (which is another method of learning) an enjoyable experience." broad spectrum of individual �May, 1969 The OPINION 2 Letters-to-the-Editor Editorial Curriculum Change Due This semester is rapidly drawing to a close and most of us will soon be caught up in the pressures of exams. For seniors, however, the bar examination looms ominously close, more threatening than finals, and much more important. Seniors this year have a somewhat better chance of passing than previous classes, and this is due mainly to the institution of a Bar Review Course. It is, and always has been the belief of this newspaper, that measures such as a bar review course are at best, stopgap; they evade the real problem which is a misoriented and unrealistic curriculum. We do not advocate that every course be taught solely on the basis of existing New York law. Rather, the curriculum should contain a balance between "public" and "private" law courses, practice and theory. This law school has a twofold obligation to its students: preparing them to pass the bar exam, and to be competent attorneys. Contrary to sentiments exphessed by some faculty members, these obligations are not mutually exclusive. New York procedure is a must for every practicing attorney, and contains many dangerous pitfalls for the unwary and unlearned. The bar examination places a heavy emphasis on procedure in view of its overall importance. In spite of this, the law school only offers one three credit course in New York Practice to seniors which, timewise, is totally inadequate. As a result, much important material is either given cursory treatment, or not dealt with at all. We suggest that the course in New York Practice be extended to cover both semesters, each one worth theree credits, with an mphasis on the practical problems facing an attorney. Consequently, the freshman course in Civil Procedure should be restructured to prevent too much of an overlap, with more of an emphasis on theoretical aspects. Evidence is also another important course, both for the bar exam and practicing attorney. The present three credit course in Evidence is also totally inadequate, both in time alloted and course direction. It too should be extended to cover two semesters, with a better balance between theory and what one must know. Not every student plans to enter private practice. Some may desire to teach, others to go into government service, and still others may prefer a career in business rather than law. The academic needs of these students will vary accordance to their individual preferences. This multiplicity of interests should be recognized by a varied and well balanced curriculum, not ignored. In this respect, the senior curriculum, if one can be said to exist, is the most deficient and unimaginative. Criticizes Nash Report To the Editor: In the last issue of The Opinion, a young law student claimed that he attended a lecture on "Equal Opportunity in an Unfair Society" with what he described as an "open mind." The speaker, Mr. Jesse Nash, Director of the Buffalo Model City Program, also happened to be a black man. Mr. Meiselman, The Opinion writer who covered the lecture, noted thislatter characteristic, lamented it, and evidently became annoyed with it. The direct indictment that Mr. Nash made of the white-minded American society, based upon his own experience as a black man within that society, evidently struck a chord somewhere in the vast open spaces of Mr. Meiselman's mind. Unfortunately, this chord that reverberates throughout his review, has the ugly and ignorant tone of overt racial bigotry. To your correspondent then, one of the most respected thinkers and speakers in this area becomes a latter day black minstrel who stood on the stage "talking haltingly, relating anecdotes and bemoaning his lack of. knowledge." Since anything intellec- more subtle than an apparent "Ten Commandments on What Blacks Really Want" would tually fail to negotiate your writer's spaces, the incisive insights open concerning 'the problem" contained in Mr. Nash's harmless an- ecdotes were beyond his comprehension. Finally, in the first sentence of his paragraph, Mr. Meiselman hits the bottom of the vacuum that serves him as his open mind. Dragging out the most moth ridden but yet revered "bogeyman" of people of his ilk, he ends up his review of The present curriculum is in need of a complete overhaul, and this should be done as soon as possible. It should reflect and provide for student needs, not those of individual faculty members. Mr. Nash's remarks by concluding that Mr. Nash had said nothing new and that what he as all black men wanted from "equal opporiunty" was a chance to seduce or rape white sisters, while reserving the right to with the irrationalism and con"make damn sure you stay the traductions_of our society. We hell away from his black daughcan no longer permit the present ter." Even for your correspon- structure to talk about freedom dent's very open mind, the use of and yet violently suppress the this cliche in the context of Mr. National Liberation movement in Nash's lecture is so highly ludi- Vietnam, and the black liberacrous as to make one conclude tion movement at home. that Mr. Meiselman has taken leave of his open mind. Governor We can no longer passively sit Wallace and other shrewd obby while "our" government spends servers of the "Negro" have all $30 billion in Vietnam and fimade this same observation. So nances an ABM system while 22 join a long line of bigots on the millionpersons in our country are topic of "equal opportunity and classified as below the poverty what it means to the 'Negro.' " level and our cities are decaying. John L. Traylor and Dannye There is no longer a need to R. Holley expressing the view reform America: we want to of the Black American Law transform it into a beautiful society. The United States must Students at this university. support national liberation movements across the world, including the black movement at home. Wants a Beautiful Society We must end class distinctions and racism and equalize our soTo the Editor: cial order by abolishing property and money. We must establish a Due to the sterility in relation totally free society where all will to the student movement that is be able to develop themselves in a mark of our law school, this an environment complete freeof writer would like to pass on a dom. few thoughts that are never spoken in the classroom or broadcast And so you ask: Can we stop over the media. this? No. As Folksinger Phil says: "It doesn't take a seer The question must be asked: Ochs to see that the scene is coming Why the rejection of the Amerisoon." can Society? Jerry Levy, Youth The answer is that the students International Party of America can no longer live (Yippie!) Legal Aid Clinic Offers Experience To Law Students By JOEL WALTER Opened to junior and senior students, the Legal Aid Clinic offers perhaps the only practical legal experience students will graduating from the have before law school. Under the direction of James Manak, an alumnus of the law school and a candidate for a master's degree in criminal law, from Northern Law School, the clinic operates in conjunction with the Legal Aid Bureau, a federally subsidized program under the auspices of the Office of Economic Opportunity (OEA). The Professor Thomas Buergenthal survivor of that camp, being 11M: Human rights is not the only Legal Aid Bureau provides free Buergenlegal services to those unable to leave at in which Professor yeir taking by be a one the time of its liberation area will of absence from his academic duthe allies.) thal has written. He has a book retain private counsel in the Bufties at the law school, beginning American law students today due in August 1969, which is en- falo area. Students are required to work in September. He is going to have an increasing interest in in- titled "Law Making in the InterHarvard in order to complete a ternational human rights, and national Civil Aviation Organiza10 to 15 hours per week in casebook on the International Pro- Professor Buergenthal feels that tion." either of the three divisions of tection of Human Rights, which this is primarily the result of Legal Aid—the appeals division, he is co-authoring with Professor the Vietnam War. The war Professor Buergenthal received the public defender's office and has demonstrated the need to his B. A. from Bethany College the neighborhood offices. Louis Sohn of Harvard. Professors Buergenthal and protect the rights of an individ- in West Virginia, J. D. from In addtion to working in the Sohn have been working on the ual under international law when N. Y. U. where he was a Root- field, the students attend a weekcasebook for the past three years, the domestic law becomes inade- Tilden Scholar, and his LL.M. and ly seminar conducted by Mr. quate due to a nation's strong S.J.D. from Harvard. and the leave of absence will enManak. "The object of the class- Professor Buergenthal To Take Leave ofAbsence able them to get it ready for publication. While at Harvard, Professor Buergenthal does not plan to teach, but will participate in a few seminars. He is also Special Editor of the Symposium Issue of the American Journal of International Law, and plans to write some articles on the comparative problems arising out of human rights conventions. Professor Buergenthal has written extensively in the field of human rights, and as a result of his writings is the only American Member of the FrenchEnglish "Journal of International Law." He attributes his special interest in this field partially to his own 4% year incarceration in the infamous Nazi concentration camp at Auschwitz. (Professor Buergenthal is the youngest emotional and physical involvement in given policy. This is the position in which the U.S. finds itself today concerning issues related to Vietnam. The problem of protecting human rights in an "emotionally involved" country is even more acute where there is no independent judicial system. Professor Buergenthal does not feel that the world-wide protection of human rights is an unattainable goal. It is possible among developed nations, as the Common Market has demonstrated, but such protection will be more difficult to attain in the undeveloped ones. One must remember that it took the United States 150 years to start protecting these rights, and we have only begun to make decent advances since 1945, he said. THE P. Lee Mondshein Photography Editor: Douglas S. Cream Staff Robert Krengel Joel Walter Emil Warchol Sandy Meiselman Arthur Freedman Elbert S. Hargesheimer 111 Jean Holmes Norm Alvy Larry Shapiro Barry Commenting on student reaction to the program, Mr. Manak said: "Many students have informed me that the Clinic was perhaps the most rewarding course they have had in the law school" and added: "The purpose of the course is two-fold—to give practical experience to law students and at the same time, aid the proverty law program." Mr. Manak is currently the assistant editor of the National District Attorney's Association magagine, The Prosecutor, and authors a criminal law case abstract service for the publication. Work in the Appeals Division consists of researching legal problems and drafting appellate briefs. Junior Emil Warchol, who was assigned to the Appeals Division this semester, stated: "The process of researching and writing a brief that you know will be argued in either the Appellate Division or the Court of Appeals is a valuable educational experi- ence, especially when your briefs are checked by competent lawyers in the field." OPINION Editor-in-Chief: room," said Mr. Manak, is to provide a perspective and theoretical base for the experience received in the field and to give substantive law in the poverty area." Gassman The Opinion it published during the academic yeer by the students et the State University of New York at Buffalo, School of Law, 77 West Eegle Street, Buffalo, N. Y. 14202. Students in the Public Defenders's Office interview prisoners awaiting trial. The information gathered from such interviews form the basis of the client's defense when represented by an attorney appointed by the Public Defender's Office. The majority of students work in one of four Neighborhood Offices located in the Buffalo area. Attorneys manning the offices are assisted by students who interview clients and research cases Included among the work performed by students is the drafting of matrimonial complaints, answers, bills of parti(continued on page J) �The OPINION May, 1.69 3 First Symposium a Success Legal Aid page 2) Manak, will be expanded next proyear by permitting students in represent the program to interview prisonclients in court as a result of a ers at the Erie County Penitencourt erder from the New York tiary and handle their cases. Also, Appellate Division. senior students will represent inKurt Frazenburg, a senior, said mates at the Attica State Prison that he had benefitted from his in habeas corpus hearings. courtroom experience, because: The Cinic, in fact, took an ex"a practicing attorney is with pansive move this semester when you and you will be criticized on a "Reachout" office was opened jyour presentation. This experi- at 364 Genesee St., The office is ence is invaluable to a law stu- manned by law students every dent." night during the week and on The Clinic, according to Mr. Saturday mornings. Senior law students in the The prevalence of illegal abortions are an indication of the "inability of the criminal law to coerce men and women to obey the law," asserted Dr. Richard Miller, assistant professor of psychiatry, during a panel discussion on sex and law held recently on the main campus. The panel, "Symposium on Sex and the Law," was co-sponsored by the Student Bar Association and Phi Alpha Delta, the law school's legal fraternity. Members on the morning panel were Dr. Miller, Professor Herman Schwartz, Buffalo Law from (continued culars and bankruptcy petitions. By Jean Holmes The symposium featured two panels, one on the topic of "Abortion and the Law," held in the morning, and another on "Homosexuality and the Law" held during the afternoon. ... ished, he added. The doctor ar- that modified laws may fail because continued restrictions promote narrow interpretation, illegal fees for psychiatric approval, religious tension, and hairsplitting procedures to determine when an abortion is justified. Professor Schwartz said that if gued have to live with its shadow, Dr. Simon explained. He said their mental state is such that "if homosexuals are essentially paranoid, then the ones who aren't are crazy." to gram are permitted . j < "What causes homesexuaity is asked," said Mr. Gigeroff, and answered that attraction be.ween persons of the same sex commonly is a fact. However, the mere labeling of a person as a homosexual brings up reactions of fear, shame, hate and revulsion which even the educated and cultured may feel, Mr. Gigeroff said. He traced the history of homosexuality in the criminal law as it originated in England before being adopted in the United States. The term homosexuality does not appear directly in the penal law but is usually included the biblical reference) or as a under "sodomy" (developed from the biblical reference) or as a The panel on abortion wet pert of the Law Day Symposium: "crimeagainst nature" (per Black(Left to right) Herman Schwartz, Richard Miller, W. Howard Mann, stone). The disquieting thing, Mr. Gigeroff said, is that the terms end Robert Ryan. are open to all sorts of interpreSchool, and Professor Robert we are worried about life we tation. Byrne, Fordham School of Law. should worry about the "mothers The Symposium was the first Those on the afternoon panel who are risking their lives or P. Manak, right, director of the Legal of its kind. It delved into areas LEARNING THE ROPES—James were: Gilbert Cantor, member dying due to these laws." program at the law school, checks over a summons and of current relevance and interest Aid Clinic written of the Pennsylvania Bar, Alex by Senior Robert complaint Pierce. The Clinic offers superto the legal profession and our Gigeroff, a Canadian attorney He described an involved provised practical experience in the legal field to both junior and seniors. andresearcher in social pathology cedure which most women must society. at Clarke Institute, Toronto, and go through to obtain an illegal GRADING RANGES JUNIOR AND SENIOR ELECTIVES FIRST SEMESTER 1988 lHfl Dr. William Simon, a sociologist abortion, raising questions about Total psychological and physical effects at the Institute for Juvenile ReNumber [Failure) (Equlvalenl to D) (Equivalent to CI (Equivalent to B) (Equivalent to A) on these women. Another issue search, Chicago. 59 60 61 62 63 84 85 68 87 68 69 70 71 7Z 73 74 75 76 77 78 7960 61 82 B3 94 65 86 87 Graded During the morning session discussed was the effect on the Mr. Byrn, a member of the Govchild who is unwanted or de- Trade Reg,-Prof. Gifford 19 2 14 8 3 2 1 Junior ernor's Committee for abortion formed. law reform, defended existing 30 Professor Schwartz objected to 16 5 3 7 7 Senior labelling fetus law whichholds that the only perProfessor Byrn's missable abortion is to save a "a human being" with rights, Wills & Trusts-Prof. Joyce pointing out that the concept of 88 mother's life. 1 10 18 4 915 12 5 5 2 4 2 2 1 Junior He argued that the fetus is a fetus having legal rights arose 47 1311 37 11 227121 3 2 Senior a "human being from the time out of tort and property law in of conception," that such a fetus personal injury cases and the has "hunman rights"; and is "our transfer of these concepts to GRADING RANGES JUNIOR AND SENIOR ELECTIVES FIRST SEMESTER 1968 1969 most vulnerable minority." Pro- criminal law is questionable beTot_l fessor Byrn cited statistics from cause the presumptions are difNumber (Failure) (Equlvalenl to D) (Equivalent to CI (Equlvalenl to B) {Equivalent loA] 59 B0 61 B2 83 64 85 68 87 88 89 70 71 72 73 74 75 78 77 78 79 80 81 82 83 84 85 88 87 88 89 90 Graded Japan and Hungary, who have ferent. The consensus of opinion legalized abortion, showing a high ONLY rate of suicide among women. among the panel members was SENIOR 91610 28 6 5 4 85 9 Conflict of Laws-Prof. Franklin He said contraception differs ■that it is unfair to place on the Corporate Taxation from abortion in that the former medical profession both the bur12 1 23 111 21151 Prof. 213 an deciding get Del Cotto den of who shall is preventative and the latter is abortion and the onus of crim"murder." distinguish infan- inal blame. JUNIOR AND SENIOR "How do you The afternoon panel on homo- Future Interests Prof. Mugel z ticide and euthanasia from abor11 Junior tion?", queried Professor Byrn. sexuality was less controversial 13 2 13 Dr. Miller, a director of mental because the panelists argued for 2 2 12 Senior health in Buffalo, described abor- treating homosexuality as either tion laws as "arbitary cruelty." a medical problem or as a private Labor Law—Prof. Atleson 3 1 1 1 12 8 12 2 2 2 111 .28 junior It is estimated that there are privilege and not an area into 1 from 500,000 to one million abor- which the criminal law should 14 Senior 13 13 2 1111 enter. every tions in the United States Mr. Cantor suggested we should Land Transactions—Dr. Homburger year, legal and illegal, Dr. Miller 55 I3 62 17 9823112 Junior said, and added that the law is ask what causes heterosexuality. 55 53 no deterrent but serves to pro- Hereferred to the Quakers as dif2 7 8 514 3 5 3 6 21 1 Senlor religion Dr. their abortions. ferent because of mote blackmarket deviants. Legal Aid Clinic Mr. Manak Miller then attacked the modi- but none calls them laws 16 115 12 2 11 1 1 Junior confied laws (which permit an abor- Questioning the present that they 1 3 3 12 1 11 tion if the risk is high that the stitutionality, he argued Senior child will be born seriously de- invaded the right to privacy and formed—mentally or physically— lacked due process, saying that Legal Prob.s of Metro. Comm.-Prof. Kaplan 18 4 6 2 2 111 1 morality Junior or if the mother would have seri- such laws are based on 4 11 11 are Senior ous mental repercussions) passed and religion and that they "victimless crimes." Mr. Cantor by California,Colorado and MarySeutel N.1.L.-Prof. capriare 12 11 27 land as discriminatory. Some declared: "The laws 2 3 2 11 13 111 113 Junior 1 women cannot afford to pay a cious." 24 2 111 3 8 12 2 12 Senior The vast majority of homosexdoctor to declare them mentally conunfit, he said. Illegal abortions uals (80%) never have any they do with the law but in those states have not dimin- tact GRADING 1968 1969 . - - - - . — — - - JUNIOR AND SENIOR REQUIRED COURSES SBA Holds Awards Dinner The Student Bar Association held its annual awards dinner at the Cloisters, on Friday, April 18th. All SBA members, as well as Chairman of the various SBA committees were invited to attend. Aside from honoring those students who worked for the SBA during the past year, special plaques were given to departing seniors by SBA President Bill Neff, and last year's President, Herb Siegel. seniors who received plaques were John Segreti, E. Brownell Johnston, Lee Mondshein, Douglas Cream, Joseph Spaeth, Herb Siegel, Denis Scinta, Boden Harasym, and Arthur Freedman. Graduating '" Constitutional Law -- A -Prof. H Prof. Mann Newhouse Corporations A B Prof. Davidson Prof. Fleming Taxation A Prof. Del Cotto B-Prof. Joyce Evidence Prof. Frey i 1 2 2' 7 2 6 2 117 6 6 5 21 4 6 2 2 2 6 2 31 11 11 2. c 3 7 - RANGES FIRST SEMESTER (Feilurel | Fquivalenl to l)| Ikquivalenl to CI |Equivalent l" 59 00 61 B2 63 64 85 88 67 68 69 70 7172 73 74 75 70 77 78 79 HO HI I 8 •. 7 111 5 4 5 6 2 1 114 IH 4 4 h 4 H.n.?;11.2 9 !i 7 310 <i 3 3 80.2 3 4 6 501712 16 14 2 l;l 2 1 2 2 1 1 , ........ I- 1 1 1 1 1211 ,1 3 lo A] 82 83 84 8-186 67 88 iKflUhritalU 1 2 J 1 4 2 J 3 433 2 2 2 I 1 1 1 l Number Kraded H5 *' 56 an 6b 61 m &* �May, Th- OPINION 4 Special Interview: Dr. Vaclav Mostecky - Librarian with period. Dr. Mostecky holds tion procedures. Says Dr. Mostecky: "The service students and faculty now receive is inadequate and partially because of the fact that there are presently ten persons on a library staff which should have twenty." The current library budget set by the University is the prohibi- tive factor, Dr. Mostecky says. Even the thought of keeping the library open later than 11 p.m. during week days would be "extremely difficult due to the budget this year," he says. But there are some alternatives, Dr. Mostecky says. And he calls it: "internal tightening." the belief that a trained librarian is required at all times, In Dr. Mostecky is thinking about staggering the hours of the existing staff "so that we might have some regular staff working after 5 p.m." a Purpose commenting on library's state of tee, are formulating a letter setaffair, the goals of the library, ting forth the difficulties confronting the law school library. says: "We have ceased to build a research library, one that will The letter will be sent to Univerattract prominent legal educators sity President Martin Myerson. to the school. The director of the Professor Angus said his comlibrary at the university is dehad sent a letter last year ciding the future and budget of mittee Myerson concerning to our library and yet he doesn't thePresident staffing shortage but there know what the school's needs are was response to the corresno or its goals." pondence. Professor Angus agrees with Dr. Mostecky on the need for Dr. Mostecky's professional exadditional staffing. Says Professor Angus: "We periences include: law librarian at the University of Prague Law have always had a staffing prob- School; member in the Legal and lem. We've been after a night United Nations Division of the manager for a long time, a reForeign Service; Czechoslovakia sponsible person to give some dimember of the State Department rection to students needing help Press Office; inand Publications legal research." in structor of library science at Dr. Mostecky and Professor Catholic University, and was in Angus, along with Professors charge of international legal stuKochery and Buergenthal, all dies at Harvard University School members of the library commitof Law. By JOEL WALTER Dr. Vaclav Mostecky, newly appointed librarian, is a man well quaified to answer the need for changes in the structure and operations of the law school. Appointed last month, Dr. Mostecky fills the vacancy left open by Joseph Pascucci, who resigned in February. Associate Dean Wade Newhouse was acting librarian during the intermin an assortment of educational degrees—a J.D. from the University of Prague, an M.A. in public law from Columbia University and an M.A. in library science from Columbia University. He was formerly in charge of the Public Services and Publication Program at Harvard University. Among the problems requiring immediate attention, according to Dr. Mostecky, is the shortage of personnel, space and circula- 1969 Dr. Vaclav Mostecky was appointed librarian last month, and already has plans for improving the library. The new librarian, in addition, "pledged" that there would be an Assistant Librarian who would be available for student consultation, "hopefully by September." He adds: "I will always be available to anyone who wants anything. And there should be a great improvement in the many types of personalized services to the students in September." The lack of Dr. Mostecky space for books, says, is "beyond immediate repairs," humorously noting, that additional bookcases may cause the floor to collapse. Says Dr. Mostecky: "I will try this summer to select the books which I consider to be essential for a three year law program, move everything else back to storage and thereby relieve crowding and provide room for more books to be moved into here. This would take care of the spacing problem for the next two years." Commenting on the present cir- culation practices. Dr. Mostecky says there are "presently 3,000 overdue books." He adds that the library is now attempting to notify the book borrowers. "A student or faculty member," Dr. Mostecky says, "should be able to get any book within three days, whether we have the book on the shelves or not." But thereis a much largerproblem facing the law library than those mentioned already. Quite simply it's whether the university will a legal research library, as planned some years ago, or maintain a working library for the law school. Says Dr. Mostecky: "Because our library book budget has almost been cut in half from previous years, we are maintaining a 'holding operation,' waiting for a return to the original budget allocated for the library." Professor William Angus, member of the law library committee, Brussels Cancels (continued from page ... sentiments. Here are some of their com- 1) largely because of the predicaments: "I felt this would be the only ment they were left in as a result of the cancellation. time I could go to Europe, even Junior Warren Erickson re- though work would have been portedly sold a camper to finance beneficial for me, Junior Barry the trip to Europe. Webb said. "I'm glad it didn't buy one I just want my $25 Hawkland, Erickson stated: back," Junior'Stephen Lee said. may be off the hotspot, but not "It was a disappointing situame." tion which I would certainly don't know what we can do never like to see happen again, 'I about it; it is one of those things," SBA President Bill Neff. comthe dean replied. mented, and added: "I would have Junior Stuart Gartner lament- purchased a car within a few ed: "I myself have not looked days if I hadn't heard the news." Other students enrolled in the for a summer job because of the program. Would the school help program were: Charles Foote, us to find summer work through Richard Furman, Ralph Fusco, channels other than through the Lanny Horwitz, Jasen Karp, Sandra Kay, Alan Keiler, James Keyplacement office?" "I will do the best I can," the sa, Ernest Norman, Margaret responded. Quinn, Ronald Singer, and Jefdean Other students echoed similar frey Steinitz. Directing his comment to Dean "You (passport). ' SBA. PICNIC all where, welcome Saturday, May 24 RiedVs Grove 4685 SENECA STREET WHY: POST-EXAMINATION RECUPERATION WHAT: FREE FOOD BEER SOFTBALL & FOOTBALL GAMES — — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1969-05-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 9 No. 4 Date Issued Date of formal issuance (e.g., publication) of the resource. 5/1/1969 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/42cc739de68a0549a1e738e93c109198.pdf e9e0bfa4790e19b1a08287d2df2b6c7b PDF Text Text THE OPINION VOL. IX, NO. 3 State University of New York at Buffalo, School of Law UB Places Second in Moot Court Competition APRIL, 1969 Students Seek More Power The second annual Niagara International Moot Court Competition, sponsored by the U.B Moot Court Board, was held on March 22 in the Erie County Hall. Buffalo won the first round, but was defeated in the final round by Western Ontario. Four schools competed this falo and sold it at a buyer's wholeThey were Western Onsale car market, where it was Syracuse, tario, Buffalo, and Osby cried The student body overwhelmingly approved the creation of a joint faculty-student goode a crier. The finance comHall. the pany instituted suit against the committee to study the problems facing the law school. The committee is supposed to re- round, BuffaloInarguedmorning as appellee crier and the purchaser, either port back at a convocation to be held sometime in April. against Syracuse, and Western for damages or to regain possesThe creation of this committee came as the result of a Faculty Student convocation Ontario argued as appellant sion of the car. Don Eppers and Ralph Bonielon Friday, March 7, to discuss various student proposals to reform the existing government against Osgoode Hall. Buffalo and Western Ontario won their lo represented Buffalo. Mr. Epstructure. contests, and -competed in the pers and Percy Smith of Western The joint committee consists of final round for the Niagara Inter- Ontario tied for the best speaker five elected students and five national Moot Court Trophy. award, which was presented along faculty members. The student The problem was one in comwith the trophy at a dinner that members are Steve Auerbach, mercial law. A man purchased a evening. senior, Ed Wolf and Gerry Yale, car on credit in Canada. The The Niagara Competition began juniors, Greg Stamm and Peter dealer ga*ve a purchase money last year with just Buffalo and Bush, freshman. The faculty mortgage to a finance company, Osgoode Hall competing, and was members are Professors Louis which gave him cash. The car expanded this year to include Del Cotto, Kenneth Joyce, Joseph was repossessed by the finance Syracuse and Western Ontario. Laufer, Paul Goldstein, and Wilcompany, which entered into an The Moot Court Board hopes to liam Greiner. agreement with the original dealbe able to expand even further A general student meeting was er to permit him to keep the car next year by bringing in two held on March 5, during which on his lot in order to resell it. more American and two more nine proposals were voted upon. The dealer took the car to Buf- Canadian Law Schools. The general intent of these proposals was to give students an equal share in the decision and policy making apparatus at the law school. About 200 students attended this meeting. The proposals were to serve as an agenda for the convocation on Friday. Larry Schapiro, S.B.A. Treasurer, has been elected Dean William D. Hawkland felt Circuit Vice-President of the Law Student Division of the that it was a "terrific meeting, held in a very constructive atmosAmerican Bar Association Mr. Schapiro's successful camphere, with people trying to build paign took place at the Quint-Circuit Conference of the a better law school. There is a A.8.A.-L.S.D., which was held in Williamsburg, Virginia general realization that we have from March 6-9. a good foundation, but that there Sign reminds students to attend the Faculty Student Convocation are areas to improve." John Segreti, MiGbael DlAmico, law school in the circuit. The Bill Neff and Herb Siegel also booklet should greatly facilitate represented the law school at the the interchange of ideas and proconference. According to Mr. jects among the various law The annual Barristers Ball was Schapiro, "it was their hard work schools in the circuit; held on Saturday, March 22 at and campaigning that made my FACULTY EVALUATION COMSchrafft's' Motor Inn, in Niagara election possible." His campaign MITTEE, under the direction of U.B. Law School; Falls. theme was twofold: to increase By NORM ALVY In addition to an evening of the mechanisms by which the varSTUDENT-FACULTY COMMITLast term a group of Seniors The Seniors, all of whom wrote dining and dancing, several ious law schools could exchange TEE, run by the University of research papers on some aspect of awards were presented. Professor ideas and past successful projects; Connecticut Law School. enrolled in Dean William HawkAside from the election of ofland's problems seminar and did consumer affairs and will have Josephine King was given the and to reactivate the circuit orficers, the Conference consisted extensive research and fieldwork their work compiled and edited Faculty Member of the Year ganization. in the area of consumer laws and into a book by Dean Hawkland to Award. Mrs. King was unable to consumer protection. Realizing be published by a state agency, attend, and Professor Adolph the scarcity of data in this newly prepared a well balanced program Homburger accepted the award evolving area of the law, and for the committee and provided on her behalf. the need for further legislative several witnesses. They were Richard Earne was given the action, the students invited Confrom local business, legal aid, Hamilton Berger award, which is gressman Benjamin Rosenthal to women's consumer groups, welawarded to a senior each year. Buffalo for the express purpose fare, the inner-city, state governThe Ball was the most successof conducting hearings in this ment, and education. The scope ful social event of the year, with field. Representative Rosenthal, of the testimony and the ex- 120 couples attending. year. Schapiro Elected Circuit Vice-Pres Seniors Participate In Consumer Hearings Barristers Ball - Law Schools Begin Minorities Program Summer institutes at ten law schools, directed by the Council on Legal Education Opportunity, will prepare about 450 minority group students for enrollment in law schools next fall. Thirty law schools will co-sponsor the insti- Witness gives testimony elected to the House in 1962 from Quens, N.Y., is Chairman of the Special Enquiry on Consumer Representation and the House consumer subcommittee. He1 is an ardent supporter of increased consumer protection and has introduced into Congress a bill for the third time in three years calling for a Cabinet-level consumer affairs department. The Queens lawmaker was planning a series of statewide hearings on governmental agency activity for consumer protection and seized upon the law students' invitation to broaden his inquiry. Hearings were conducted on February 17, 1969 in the Federal Courthouse and proved very informative. at Consumer Hearings hibits presented had been previewed by the law students and their manner of presentation before the committee aided it in its work greatly. Congressman Rosenthal was quite impressed by the caliber of student input and planned to use his experiences with Buffalo Law Seniors as a blueprint for future hearings. He remarked that Ralph Nader also used law students in consumer research and was quite pleased with theircontribution in the area. These particular students. Representative Rosenthal went on to say, had given "magnifcent aid. Their level of performance exceeds all expectations." Larry Schapiro wasted no time in of various workshops and semintutes. The program, created in 1967, carrying out his campaign prom- ars, directed towards the various is designed to increase the num- ises. One of his first acts as Vice- aspects of law school life. Among ber of minority group members President was to set up five cir- the keynote speakers were Berentering the legal profession by cuit committees, each one run nard G. Siegel, Preside nt-Elect of assisting them to meet law school by a different law school. These the American Bar Association, Henry Clay, Director of the admission requirements. Insti- committees are: PLACEMENT, which is run by A.8.A.-L.S.D., and Robert De tutes will be conducted in Detroit, Cotus, President of the A.B.A.New York City, Cincinnati, Dur- Syracuse Law School. This comham, N.C., Charlottesvile, Va., mittee's function is to develop a L.S.D. All of the U.B. participants felt Baton Rouge, La., lowa City, lowa, model placement booklet, and a that the convention was worthSan Francisco, Los Angeles and circuit wide placement list; while. According to Mr. SchapA LEGISLATIVE LIAISON Denver. Each of them will present four to six weeks full-time COMMITTEE, under the direction iro, it "provided a forum to explain the accomplishments and of Albany Law School. Its purintensive study programs covering a variety of legal subjects. pose is to provide an effective progress of our Law School in They will provide training in ver- means to voice the opinions of the past few years. Our present bal and analytical skills needed the New York Law Schools on reputation to many throuhgout in the typical law school program. important legislative proposals; the country is the same we posAdditional special programs will LEGAL AID-PUBLIC DEFENDsessed in the 19505. We exbe conducted in Toledo and Al- ERS COMMITTEE, which is to be plained our great progress and buquerque. run by New York Law School. future goals to the other repreFunding for the institutes will Its purpose is to establish a model sentatives. Most had no idea what by sponsoring we have accomplished here, and supplied legal aid-public defender prothe be schools and the Office of Eco- gram, and to locate financial as- I would say that they were quite impressed, I also noticed that our nomic Opportunity. CLEO is sistance for these programs; seeking funds from foundation, ACTIVITIES BOOKLET COMstudent voice, as expressed government and other sources to MITTEE, run by St. Johns Law through the 5.8.A., was stronger provide scholarships for those School. This committee will pub- and more effective than that of who complete the summer pro- lish a booklet with a brief exmost of the other schools at the planation of the activities of each conference." gram. Larry has �April. The OPINION 2 Editorials 1969 Freshman Group Develops Reform Proposals A Word to the Wise The present campus-wide unrest has resulted in- a commitment to reform the existing government structure within the university. Geographical separation notwithstanding, any university-wide reform has to include the law school. Proposals for a new form of government are being submitted to a joint committee, and will eventually be voted upon in a university-wide referendum. Both the method used in conducting the referendum, and the ultimate type of government chosen, can have dire consequences for the law school. If we are not careful, we may find ourselves governed by an undergraduate dominated system which will be totally unresponsive to our needs Thelaw school, as well as the other professional schools, has interests which are distinct from, and at times adverse those of the undergraduate population. Any new system to, of government must take this into account if it is to be A group of freshman students has developed a series of comprehensive grading, ranking, testing, and probation proposals. The proposals are the result of interviewing faculty, students, Buffalo area. The committee members aTe Joe DiNardo, Joe D'Arco, Ed Riley, and law firms in the ommendation to committee, and guidelines for committee action must be worked out in detail. This will: 1. Allow those who place students on probation an infaced. Grace Blumberg, Barry Gasman, McConnell, John Collins, Jon Estoff, Clarence Gratto, and Miles Kauallen. Following is the text of their proposal which has been presented to the faculty. Nick I Testing We recommend that all final exams be given with an unlimited time to write them. That is, start at 9:00 a.m. and allow the student until 5:00 p.m. to finish. The professor will have the discretion to limit the number of words, pages, or blue books used. This will foster: 1. Clearer more concise analysis and organization by the student. 2. Eliminate much of the irrelevant and superflous material written. 3. Eliminate the unnecessary and added pressure that comes from rushing through an exam. A Worthwhile OPINION Editor-in-Chief: Lee Mondshein Photography Editor: Douglas S. Cream Staff Robert Krengel Sandy Arthur Freedman Elbert S. Hargesheimer 111 Norm Meiselman Larry Shapiro Alvy The Opinion is published during the academic year by the students at the State University of New York at Buffalo. School of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. sor to weigh theexam as a whole by not forcing him to grade it sight into specific problems acceptable to the smaller Faculties. Proposals espousing a polity system or other type of mass democracy, as well as those which randomly divide the student body into voting groups or cells, are totally unacceptable. Should any one of these or similar systems be adopted, the law school would not have an effective, or even audible voice in student government. 2. Allow greater flexibility The same considerations apply to the method chosen than the present system. 3. Foster close cooperation beto adopt a new government. A university-wide referendum tween faculty and students that calls for a simple majority of all those voting, is inand a feeling of equality in herently unfair. We strongly urge that a majority of each a matter vitally important to Faculty voting as a separate entity, be required to adopt any both. We do not believe that this new system. To do otherwise would put the entire Uni- II Appointment and Tenure system will become too lenient Committee Community under of the versity undergraduate the control for We recommend that students the reason that a great restudent population. be allowed a voting position on sponsibility will rest upon student and faculty to function objectivethe committee that appoints new professors and grants tenure to ly and fairly in order to preserve Expense those already here. This will the name of the school. The recent expenditure of $950 by the Student Bar foster: Gradings and Rankings 1. A greater student voice in Association to attend the Quint-Circuit Conference of the Findings: the selection of professors American Bar Association-Law Student Division in Williamswhile not usurping any subburg, Va., has provoked much controversy. stantial authority of the fac- I Law Firms: The student body does have a right to know how and ulty. All of the firms interviewed made one point very clear. At 2. Aid in the elimination of why its money is being spent. Students also have a right the poor by present time some form of professors allowing to know when such allocations are being considered so that student protest to be reason- ranking is necessary. They bethey can make their opinions known. The S.B.A. has passed ably lodged thorugh proper lieved that they could not judge a resolution designed to bridge the communications gap by a U.B.Law graduate without some channels rather than resortproviding that notice be given to the student body when indication of status in class. ing to petition or boycott. Most agreed that a quartile rank3. Aid the faculty in gauging financial expenditures are being considered. This resolustudent opinions „on their ing would suffice. They did, tion can be very helpful as long as the student body does work rather than alienating however, admit to the inequities not revert to its usual role of non-interest one another via separate ac- of a ranking system. It was also The real problem, however, is not one concerning comfound in an interview with a bar tion. munications, but involves a much more basic issue. What Exact standards for election are examiner that rank in class is often used to corroborate one's should the S.B.A.'s role be in regional and national affairs? left open. bar result. Most firms were inIn other words, can active participation provide enough 111 Probation different to any type of grading. benefits to justify the expense? We think so. We recommend the initiation The various conventions provide an excellent oppor- of a student probation committee II Faculty: tunity to learn what other law schools are doing, especially and the abolition of the present Of the faculty members interin such vital areas as curriculum and grading. Reform pro- system. This is-due to the feeling viewed the general feeling is that present system is in need of that the the present system is too posals endorsed by all of the law schools in the circuit rigid, impersonal, and inequitable change. Some feel that it is too and simultaneously submitted to the respective administrastands. Each class will elect consuming. Others that it as it time tions will carry much more weight than if attempted on an a committee itself to review stu- is unfair—too much of a difficulindividual basis. ty to distinguish between 72-73 dents in that class only. A. Freshmen, because of sec- etc. They believe that a change By taking an active leadership role, the S.B.A. can do tions, will elect two memto a leter system or one with much to enhance the prestige and reputation of this Law bers and two alternates several graduations would be acSchool. In addition to attendance by other law schools each section. ceptable. from at these conventions, many highly respected and influential B. Juniors and Seniors will elect 111 Grading: We recommend: members and officers of the American Bar Association four members and four alA. Total abolition of a numerical grading of exams for the ternates from the entire participate. Increased notoriety and prestige can directly purpose of rank or any inclass. benefit every student here, especially through increased C. Each class terschool programs. will elect two projob opportunities. fessors to sit as advisors to Abolition of + or -3 system. B. Greater student awareness of financial expenditures, as the committee. These two C. A change to a Fail (F), Pass well as an increased voice in these matters is a desirable (P), High turn choose a third Pass (HP), Honors will in faculty member. No faculty (H), and distinction (D+). goal. It should not, however, lead to a policy of isolation may greater sit on more emphasis placed member D. A from the academic legal community. Such a policy will than one committee and the upm the total evaluation of benefit no one Deans will be ineligible for the student before giving a election. grade in a course. THE It is understood that each faculty member will devise a system of grading exams that best suits him. This can never be controlled nor should it be. What it does do is to allow the profes- The Dean of Students will then recommend to each respective committee students that he feels shouldbe reviewed. The committee upon hearing the student and examining pertinent material will decide each case on its particular merits. The committee will have the power to place students on temporary probation (e.g. 1 semester, 1 year) as it sees fit. It then would review the case again. The commitee will not have the power to ask a student t:_ take a leave of absence or to expel any student. If this is their decision they will recommend to the Dean thatstich action be taken and give the reasons. This is a general proposal and it is understood that standards for election, guidelines for rec- ' 1. Exam 2. Class Preparedness Class Participation 4. Revelance to material in 3 participating. Explanation Under this system exams will still be marked anonymously. Before any grade is transferred to transcript the professor must go back and examine each student according to the criteria presented. He then has the option of raising the grade one graduation. This will place the responsibility on the student to get to knjw his professor. It places the responsibility on the professor to know his students. Lastly it puts a burden upon the students to be prepared, relevant and to participate, f according to precise points for each question. Rather he may assign the exam a symbol. Most feel that it is easier to determine if an exam paper is an honor or high pass rather than a 74 or 75. Also by placing an emphasis on total evaluation it professors aids those stuednts who preform well in class but do not do exceptional exam work. Since the professor cannot lower the grade it harms no one. - The obvious objections to this are that it is too subjective and thus a. personality contest, and secondly that it will promote excessive and irrelevant discussion in class. We do not agree. There must be reliance upon a professor's objectivity in grading. In a very few cases a non-deserving student may be helped. But surely the professor has expertise enough in his field to distinguish betwen a pertinent comment or discussion and one offered merely for the sake of hearing one's voice. Concerning ranking they all basically agreed that it is pres- ently a necessary evil. Due to U.B.s status, quality of student, and outside demand. One point that was offered was that it is beneficial in giving recognition to those finishing in the top of the class. All faculty interviewed were pleased with the student interest that has been generated and hope that some concrete proposals will result. IV Ranking Being on this system we are forced to mDve to a qualitypoint index system for ranking only. If we do not do this and continue to rank by cumulative averages as we ao now, then professors will be forced to grade exams as they have in the past and thus nothing is accomplished. We would merely have the same system glassed over with symbols. Keeping in mind that ranking is necessary we recommend: A. The top 10% of each class be posted and their exact position made available. This is important because many of these people will be seeking -highly competitive j'bs and will require such information. B. Everyone else will be ranked by quarters. L high 2nd quarter 2. 2nd quarter 3. high 3rd quarter 4. 3rd quarter 5. 4th quarter This will alleviate some of the inequity in being cut off close to the quarter above you. (continued on page 4) �April, 1969 The OPINION Legal Aid: 3 Bail Project A Light in the Dark By JOSEPH MORDINO In Full Swing "Your honor, the Society recommends that the accused be released in his parent's custody." These words (or a reasonable paraphrase depending on the situation) are the culmination of the work of the Pre-Trial Release Project of the John Howard So- The Neighborhood Legal Service Program of the Legal Aid Bureau of Buffalo opened the doors of its first office late in December of 1965. The program was designed to bring legal assistance into the ghetto areas where the only previous contact with the law had either been in criminal ciety. cases, or in civil cases involving consumer suits, whichusualThe purpose of the Project is ly ended up with a default judgment. to secure the release of indigent With the introduction of the during the summer to insure a prisoners who are Unable to make NLS program, people are begincontinuous supply of trained help. bail while awaiting disposition of ning to understand that there are When a student first starts in their case. no second class citizens under the the program, it is as an observer. Law. It is taking time, but little In the first week he learns that in The process begins with indiby little and case by case, they addition to being an attorney, vidual interviews of the prisoners are learning that there is some- one also has to be part sociologist, by UB Law students in either place to turn when confornted psychologist, clergyman," probathe City or County jails. From with a legal problem. tion officer, and family counsel- the information gained in the inEvery attorney and student who lor, among other things. While terview, the student makes a prehas worked in the program knows observing, the student works on piminary recommendation which expreswhat it is like to see the some of the endless paperwork may be one of five alternatives sion on a person's face when he that is necessary. He researches depending on the merits of the is told that he can be helped with problems, draws up complaints individual case: his legal problem; it is a very and answers, writes letters, sends (1) O.R.—Own Recognizance gratifying sight. out summons, petitions for adopThe prisoner should be reIn the first year of the pro- tion, change of name, and numerleased in his own custody existence, gram's the different ous other things. (2) Parent's Custody offices extended services to over Eventually the student gets (3) Reduced Bail 2500 people. Of this number, "his own" clients. This entails (4) Physical or Mental Examinapproximately one-half never had taking the facts from the client ation for prisoner any previous legal counselling. the in initial interview, and then (5) No Recommendation Now, for the first time they were conferring with the attorney as to The interview sheet is then put on an equal footing under a what procedures should be fol- given to another student who atlegal system whichheretofore had lowed. The student can suggest to verify the information been inaccessable In fact, one what he feels should be done, tempts given by the prisoner. This verioffice alone last year had over and is free to disagree with the fication is done with the exnew cases. attorney. 1100 If there is a basis for consent and Eligibility for theservice of the his suggestion, it is often fol- pressed prisoner. understandof the NLS is determined by comparing lowed, but in all cases the at- ingAfter verification, the final the applicant's income to that torney has the final say. necessary for the poverty level for Students are encouraged to fol- recommendation is made and attached to the interview sheet. his size family, as established by low up on all of their clients, seeThe final recommendation is then the OEO. Those below the poving the cases to their conclusion. made to the presiding magistrate erty level are retained as clients, Today this is possible due to the by a law student assigned to while those above or those with granting of a petition by the Ap- either City or County Court. fee producing cases are referred pellate Division which allows a It is at this final step the to counsel through the BarAssocisenior law student to appear in success of the process isthat deteration's Lawyer Reference Service. court and act as counsel in cerEach year the program has tain situations, as long as a qual- mined. Will the judge concur with the recommendation or will hired four law students to assist ified attorney is present. find it wanting in some subin the diferent offices. Last year, The NLS is a great benefit to he stantial degree? large, a legal aid clinic was established all; to the community at to Donald Alessi, According at the law school. This clinic to the ghetto resident, and to the senior UB Law student and Adsupplies students during each students fortunate enough to parministrator of the project and semester, and also runs a program ticiapte. hts assistant, Greg Stamm, the statistics have been encouraging. Out of 65 recommendations made, 49 have been accepted by City Court judges for a batting average of .753. A total of 196 prisoners were interviewed. Prior felonry convictions, violations of parole or probation, false stateBy NORMAN ALVY ments and commission of certain crimes of violence were given as Dr. Adolf Homburger, Professor of Civil Procedure and reasons for a failure to make a recommendation i n Land Transactions, will spend a six month sabbatical be- favorable ginning January, 1970 at the University of Florence, School these remaining cases. by the Giulinano University Law. He been invited to of has Mazzoni, Dean of the Faculty of Jurisprudence, and Professor Mauro Cappelletti, Director of the Institute of Comparative Law, to teach a seminar in Comparative Civil Pro- Summer Study Program Offered at Brussels By ROBERT KRENGEL The University of Buffalo Law mer a seminar in Taxation will be School will make it possible for included. The courses are all law students to earn credit while taught on the problem level, and escaping the confines of the cover broad issues common to Queen City. A four week summer American and Civil Law counprogram will be offered at the tries rather than substantive law. University of Brussels. The Brussels Program also — . Prof. Homburger to Take Sabbatical in Florence cedure. He will also serve as a consulto Professor Cappelletti, who tant is the Editor in Chief and one of the general reporters for the Procedure volume of the International Encyclopedia of Comparative Law. The encyclopedia is now in preparation under the auspices of the International Association of Legal Science which is an organization of UNESCO. Noted jurists from all over the world are involved in the project and Dr. Homburger will collaborate with Professor Cappelletti specifically on the Civil Procedure volCivil ume.'1 Presently Homburger is Chairman of the Advisory ComDr. mittee to the New York State Judicial Conference on Civil Procedure. The Conference is responsible for the state's administration of justice, including innoDr. Adolph Homburger vations in the Civil Practice Law and Rules. Recent changes in York Law. Professor BarNew statute Long Arm New York's of our Law under the bara Kulzer, formerlyextensive were recommended reFaculty, prepared an aegis of Dr. Homburger. The proarea for Dr. Homthis port in posed new legislation concerning burger'. modified committee. A and enforcement the recognition version will appear shortly in the of foreign judgments is the Com-to Buffalo Law Review. mittee's latest contribution Mr. Waelbroek of the University of Brussels hands certificate to Larry Golden during ceremony at the Statier-Hilton Dean William D. Hawkland announced that the program was so successful last summer that it will again operate this year. The group will leave by plane between July 1-3. It will return August 28. There is room for a maximum of 40 students, and it will be possible to have many expenses paid by the Law School, including the price of tickets and most living expenses while in Brussels. Dean Hawkland indicated that there were no limits on the group as of class standing. The Brussels Program itself will not start until August 4, af- fording students a full month to enjoy the sights of Europe. The program will run for four weeks, with classes taking 27 hours each week. Teaching will be in the morning so that afternoons are free. Strict attendance at all classes is expected. "The great advantage of this trip," said Dean Hawkland, "is that the class is evenly divided between American and foreign students. This provides us with a unique opportunity to meet foreign students." Last seeks to give faculty members a chance to gain knowledge of how European law deals with their subject areas. Residence halls are available. Married students are also invited to participate, and the Law School will pick up part of their expenses. for Residence apartments are also married couples available. Students who participated in last summer's program were recently awarded their certificates at a luncheon ceremony Statler Hilton. in the In addition to Dean Hawkland and other participating faculty members, Mr. M. Waelbroek of the University of Brussels was on hand for the ceremonies. Mr. Waelbroek stated that he was "pleased to be here and see the U.B. stuednts who made the program possible." In his opening re- marks, Dean Hawkland expressed the hope that the program will continue well into the future and become a tradition. The Dean also paid special tribute to Pro- fessor Thomas Buergenthal, who played an instrumental role in organizing the program. summer the curriculum consisted of seminars in Commercial Law, Civil Procedure, Trade Regulations, and Common Market and Comparative Law. This sum- Justice Brennan Will Speak at Graduation Civil Liberties Dockets Published A new annual book has just been published by the National Lawyers Guild. Entitled, Civil Liberties Docket 1967-68, it describes 1,523 cases pending in state and Federal courts throughout the country in which an issue The Graduation Committee announced that Mr. Justice was raised concerning civil libWilliam Brennan, Jr., Associate Justice of the United States, erties, due process of law, civil rights or the law of the poor. will be the guest speaker at the Honors, Awards, and Hooding Ceremony for the Faculty of Law and Jurisprudence to be held at Kleinhan's Music Hall on 31 May 1969. Mr. Justice Brennan also serves as chairman of the newlyestablished Board of Visitors to the law faculty. Alumni Association, The Rt. Rev. Plans for the graduation ceremonies and accompanying activi- Lauriston L. Scaife, Episcopal ties are not yet complete. The Bishop for the Diocese of Westcommittee will be -meeting with ern New York, and Dr. Frederick the senior class in the near fu- Burgomaster, senior oragnist at St. Paul's Cathedral in Buffalo. ture to discuss graduation. By order of the President of the University, with assent by the S.B.A. Board of Directors, all seniors will be required to attend the University graduation on June reason for this that the Juris Doctor degree is not officially conferred at the law ceremony, but is .conferred by President Meyerson the following day. Ist. The major requirement is Others expected to be participating in the law school ceremonies will be Justice Re i d Moule, President of the U.B. Law Desmond Moot Court Competition will take place on April 26 Because of its breadth of coverage it is an excellent research tool for law students, moot court briefs and law review comments or notes, The Docket suggests new approaches to affirmative litigation and defenses to criminal charges. It describes causes of rction against government officials, police departments, pri- vate employers, landlords and others for violations tional rights. of constitu- For each case reported the * Docket provides title, court where now pending and docket number, citations to reported opinions, a short chronological statement of facts, legal questions raised, names and addresses of counsel, amici. citations to law reviews and Congressional materials as well as other cross references. Civil Liberties Docket 1967-68 may be ordered from National Lawyers Guild Publications, Box 673, Berkeley, Calif. �The OPINION 4 Int'lLaw Essay Contest Exam Schedule FRESHMAN EXAMINATION SCHEDULE SECOND SEMESTER Date & Hour Wednesday. May 9:00 A.M. 1 4th - MAY Examination Environmental Mgt. Section #1 Section #2 Section #3 Torts Section A AG HZ Section B A-R S -Z Monday, May 1 9th 9:00 A.M. Contracts A-G Section A H-Z Section B A-R S-Z Wednesday, May 21 st 9:00A.M. Admin. Law Section A 'AG Procedure Section A Prud. #1 Prud. #2 Legal Process (continued from Page 2) #110EagleSt. to be made available. our findings this system would be highly acceptable. From Caveat: One must keep in mind that no grading or ranking system #110 Eagle St. .one will or totallyv accept#108 Eagle St. able beto perfect all. It is; however, important that meltable proposals as we believe this to be, are worPrud. # 1 thy of as much support as posPrud. #2 sible. These proposals are meant as guidelines for faculty action #108 Eagle St. and therefore in order to secure Philosophy of Law #110 Eagle Tuesday, May 13th 1:00 P.M. Contem. Prud. # 1 Int. Law St. 1 sth #110 Family Law Saturday, May 17th Sales Monday, May 19th 2:00 P.M. Labor Law Wednesday, May 21 st 1:00 P.M. Taxation AM N-Z 9:00A.M. Friday, May 23rd 1:00P.M. - Section A A Q R-Z Section B A L M Z Criminal Proc. Section A Section B 12th N.Y. A-Q 'A Practice Thursday, May 1 5th 9:00 A.M. Family Law Thursday, May 1 sth Estate Planning Saturday, May 17th Sales 9:00A.M. 9:00 A.M. Monday, May 19th 2:00 P.M. Labor Law Eagle St. - X L-Z AH J-Z Prud. #1 LEE MONDSHEIN The recent turmoil on the main was not without reper- campus #110 Eagle St. #108 Eagle St. action they must carry force. That force comes from your approval. That does not mean you totally agree nor thatother proposals are not welcomed. It only signifies a unity among students of all classes. A unity that may initiate great change. have demanded White Power!" For it's whites that hold the power and it's their power that must be taken—to share, not divide. Is Jesse Nash a Black nationalist? "Well, I don't think things have changed enough for me to be a white one." Perhaps the plainest statement made Was the simple lament: "All I want to be is a Man!" not a Black man. Actually, it seemed Mr. Nash was saying nothing new, or even very radical. All he says he wants is the double standard of being able to seduce your sister regardless of the amount of melanin in her body, while at the same time making damn sure you stay the hell away from his daughter. New Placement Director Sought No placement director has yet ben found to replace Dean George P. Smith, whose resignation is effective as of August 31. Dean Hawkland stated that he has been in contact with several sources, including the Judge Ad- vocate Staff of the U.S. Army. the laitter case, the Dean said that he is looking for a "nonmilitaristic" administrator, recenty retired from the army. The law school is looking for a full time placement administra- cussions here at the law school. Jarred out of its complacency, the law school managed to put forth tor, and it is not which students and faculty could exchange ideas and speak openly on the various problems confronting the law school. This easy to find qualified full time personnel. This is one of the reasons for consulting the Judge Advocate Staff. its own rather somewhat modified revolution. On Wednesday, March 5, a general meeting of the student body was called, and at its peak over 200 students were in attendance. At this meeting, nine proposals # 110 Eagle St. designed to give students an equal #108 Eagle St. share in running the law school were adopted. (The text of these proposals is no longer important Prud. # 1 since no one is opting for their Prud. #2 #1 10 Eagle R-Z 9:00A.M. Instead, what the people there received was a personal railing from a Black individual. After making it clear to the audience (but perhaps ignoring it himself) that he was speaking only for himself, Mr. Nash proceded to deride the white society in this country for not giving him "the equal opportunity to be superior." Thebase of the problem is that today man is not free to love every other person, man or woman, white or Black. This lack, we were told, is due to the fact that America is now moving from an Industrial to an Automated Society and in such a society the Black man, as such, is irrelevant. In briefly discussing incessant demands forBlack Power and enterprise, Mr. Nash said, "If Stokely Carmichael hadn't of been brain-washed he wouldn't have asked for Black Power; he would From Convocation to Committee— What Have We Gained? By Monday, May By SANDY MISELMAN "The following is not a news report. It is the writer's reflections on a lecture he attended with an open mind." In Monday, May 12th 1:00 P.M. Thursday, May 9:00 A.M. Model Cities Program t Reform Proposals #1 #2 Prud. # 1 Prud. #2 MR Jesse Nash and the Mr. Jesse Nash, Director of the Buffalo Model City Program, spoke at the Law School on Thursday, March 13. Ostensibly, his topic was "Equal Opportunity in an Urban All law student membersof the Society." Mr. Nash, seemingly a favoritewith some students A.B.A. are eligible to compete. here, spent the first half hour of his talk haltingly relating The first place award consists of anecdotes and bemoaning his lack of knowledge about the a $500 cash prize. The runner up suggested topic. In addition, Mr. Nash did not explain, as this will receive $300. writer hoped he would, just what the Model City Program majFfte essay asany on The is and what its goals are, if any. pect of international law. It must submitted in quadruplicate and #1 1 0 E»gle St. be cannot exceed 300 words. The #108 Eagle St. deadline for the submission of all entries is June 30, 1969. Prud. # 1 Prud. #2 For more information and an entry form, interested students should write to the Law Student Division of the A.8.A., 1155 East #110 Eagle St. 60th Street, Chicago, HI. 60637. #108 Eagle St. Prud. Prud. 1969 law students. A-R S-Z 12th Prud. #1 #108 Eagle St. AH IN (Plus 6 Jrs) Section B Monday, May 1:00 P.M. Room H-Z S-Z 9:00 A.M. contest. The purpose of the contest is to create a greater interest in international law among C. This is the *enly information Section B Friday, May 23rd sion A-R (Inc. 5 Jrs) #110 Eagle St. S-Z #108 Eagle St. Section #5 Friday, May 16th 9:00 A.M. The A.B.A. Law Student Diviis sponsoring the Henry C. Morris International Law Essay 1969 April, St. sepcific adoption any more.) In keeping with the 'revoluspirit', a cooperative fac#110 Eagle St. tionary ulty cancelled all classes for Fri#108 Eagle St. day in order to hold a faculty- student convocation to discuss the proposals. With the exception of the proposed adaption of a unicameral legislature, none of the proposals were specifically #108 Eagle St. discussed. Rather, the topic of #110 Eagle St. discussion concentrated on general complaints and problems the law students felt #108 Eagle St. which needed attention. One of the major problems discussed was the lack of communication between faculty and students. With the exception of two professors who felt that students Prud. # 1 were to blame due to their lack of interest and input into the various committees, most of those present did feel that a serious Eagle # 108 St. communication gap did exist. Other topics discussed included the areas of administration in which the students felt that they should share control and to what extent; inequities in the present grading system; and therole of the individual student in charting his own academic course. The atmosphere of the convocation was generally constructive. It provided a forum in. Prud. Prud. #1 #2 Support the Speakers Program — LISTEN! Students vote on one of the many proposals put forth at a student meeting type of forum did much to al- leviate tensions between faculty and students. But did it accomplish anything else? Admittedly, a joint faculty- student committee was established to study the ' problems with which we are faced, and it is required to report back at another convocation to be held in April. But in order for a proper study to be conducted, and proper solutions thought of and put into effect, much more time than a month will be needed. More than likely, our moment of concern, of 'revolutionary spirit', will die in committee. Exams will soon be upon us, and none but the few perennial activists will still be concerned enough to follow this through. Summer vacation will come, and of course nothing will be done. And so one class will graduate, another be admitted, and two more will still be oppressed by the numerous in- equities in the present system. Perhaps the present method of a committee study is the best, but what do we have in the interim? Nothing. We have gained no new powers or share of control in the government of this law school. Courses will still be added and others dropped without our having an equal say in the matter. Tenure may be awarded to teachers who cannot teach, and we are the ones to suffer. Policy decisions will be made, and of course, we will have only a minimal say in the matter. It is unfortunate that the student body alloweditself to quickly lose sight of its goals. The law school faculty is generally recep- tive to student requests, if they are pursued with the necessary spirit and enthusiasm. If nothing comes of our dabbling into the politics of reform, we, as students, have no one to blame but ourselves. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1969-04-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 9 No. 3 Date Issued Date of formal issuance (e.g., publication) of the resource. 4/1/1969 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. 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Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/6587062347e6879450b9c4a7fe78e3e8.pdf 8e5490c7b6c842599a231fe036cce52a PDF Text Text OPINION VOL. IX, NO. 2 State University of New York at Buffalo, School of Law DECEMBER, 1968 NEFF ELECTED S.B.A. PRESIDENT Bill Neff was elected President of the Student Bar Association by an overwhelming vote. Mr. Neff had a total of 210 votes, while his opponents, Tom Casey and Joe Bennett, had 57 and 53 votes, respectively. At the S. B. A. meeting of Dec. 13, Norm Alvy was elected Vice-President, Larry Schapiro, Treasurer, and Michael D'Amico, Secretary. (Following is the text of a message to the student body from Bill Neff.) I would like to take this op-portunity to thank all those who faculty to ascertain their views, A draft counselling service has supported me in the recent elecand to conduct open hearings in been established to afford stution. I would also like to congratto obtain the views of the dents needed informationand adulate the newly elected officers order student body. After all of this in- vice about this problem. and representatives of the Stuformation has been compiled, a dent Bar Association. The new code The S.B.A. Newsletter, which will be drafted and put to representatives have shown great a vote. Assuming an affirmative has already made it debut, is designed to keep the student body interest in working for a better vote by a student referendum, the law school. My fellow officers code should be put into effect by informed of all relevant matters. are extremely qualified individuIt will be available weekly, exMay, 1969. cept when the Opinion is being als with a great desire to work published. for and with the student body. I have appointed Tim Dwan as Chairman of the Orientation A student Book Exchange will I wouldalso like to thank Herb Committee. Its purpose will be be set up in the near future. Its Siegel for the fine job that he to improve and conduct the main purpose is to makeit easier has done this past year. He has Freshman Orientation Program. for students to buy and sell used set foundations in many areas textbooks. which will make it easier for us Tom O'Neal has been appointto build future programs. I have ed Chairman of the Freshman AdAn athletic committee is bebeen asked to discuss the provisory Committee. The commiting in order to accomograms to be pursued under my tee's main function will be to date formed those students who are inadministration. establish a program of informaterested in participating in the tion and counseling for first se- intramural program on the main A committee to investigate and campus, as well as in other outmester freshmen. draw up an Honor Code for the side leagues. The committee, unlaw school has been established. A Law Student Directory will der the chairmanship of Ken DiaThe committee will be chaired be available to all students at mond, will also be responsible by Dick Clark. It will be the comthe beginning of next semester. for setting up inter-class compemittee's job to analyze the honor codes presently in operation at The Speakers Program has been other schools, to consider the revamped, and the list of speakcomments of students under these ers for next semester will be codes, to consult with our own available after exams. UB Defeated in The University of Buffalo Law School was defeated by Law School in the Regionals of the National Moot Court Competition. The arguments were heard on Nov. 16, 1968, in the Federal Court Building. Michael Gallagher and Joseph Spaeth argued for Buffalo. The judges were Mr. Manley Fleischmann, Mr. Reid Moule, and the Hon. John T. Curtin, Federal District Judge. Albany case involved a U. S. Army private who was seeking to enjoin the Secretary of Defense proach, confining itself to the from sending him to Vietnam. procedural posture of the apBuffalo argued for the soldier. peal, and the issues raised on the While Albany, Cornell and Syra- record. From their comments after the decision, it was apparent cuse argued the case on its merits, Buffalo used a different ap- that the judges did not favor The Joseph Spaeth arguing for U.B. in the Moot Court Competition. His Buffalo's approach. For example, Mr. Fleischmann felt that Buffalo should have argued the merits and the effect of the SEATO treaty. is seated behind him. After the judges handed down their decision, each one made a few comments on tthe presenta(Cont'd on Pg. 2. the gavel over be announced soon after examinations. cussed. Announcement problems will be issued A Law Day, held in conjunction with the newly formed PAD fraternity, is tentatively planned for the Spring Semester. mester. There will be a Christmasparty in the student lounge this week. All faculty and students are invited to attend. There will be no charge for admission. Major problems involving cur- riculum, grading, placement, the Bookstore, and the Library, are presently being analyzed and dis- STUDENT CLEARED OF BAIL FOUL UP Moot Court Regionals teammate, Michael Gallagher, titions, and competitions with the Medical and Dental Schools. The coffee hours will continue on a regular schedule, which will Outgoing S.B.A. President Herb Siegel (left), hands to his successor. Bill Neff. A recent newspaper article in The Buffalo Evening News gave the impression that an "unidentified law student" had followed unauthorized procedures in an investigation under the John Howard Society Release Program and that this had resulted in an improper release. The article quoted Donald Dade, convicted of any previous crime, President of the John Howard and (2) he had always appeared at court hearings he was reSociety, as saying student investiquired to be at. Hence the supergators "evidently failed to follow instructions" relating to the visor's release was technically checking of a defendant's past proper although perhaps ill adcriminal record. This quote was vised in light of the notoriety inaccurate and a further- statewhich had accompanied those ment by Mr. Dade indicated that court appearances, of which he it was the newspaper that had was not aware. erred and not the "unidentified The defendant had previously law student," or any law students involved in the release project. been acquitted of the fatal beating of his mother and had reAt a meeting following the ceived a "no bill" indictment publication of that report, held from a grand jury for participaunder the auspices of Dean Wiltion in a shooting incident last liam Hawkland, Mr. Dade dis- April. closed that he had been grossly Mr. Dade explained that had he misquoted and that there were been in the courtroom before the many inaccuracies in the published material. The student in- arraignment he would have taken volved had completely investi- the John Howard Society completely out of this particular case gated the defendant and had conducted an interview with him. He but when he arrived the matter was fully aware of certain facts was already in the Judge's hands. It was made clear, however, that relating to the defendant's backthe City Court Judge who preground and this led him to recommend no release to the super- sided at the initial preliminary hearing on the charges of asvisor of-the Release Project. sault was completely aware of (The actual report of the law this defendant's prior history, student was produced at this knew his family personally for meeting and it clearly specified many years and also was not a no release recommendation.) bound by any Society recommen"Exceptional timehad been taken dation. The Judge elicited a to investigate this matter," said promise of return from the boy and his parents and was placed Mr. Dade. in their custody for a further preliminary hearing. The supervisor involved rechowever, release, ommended a Further investigation showed and overruled the law student's determination. He did this based that the Judge followed the recon certain independent factors: ommendation of the JohnHoward (1) the defendant had not been Society in making the final de- on these upon the commencement of the second seFinally, I would like to remind that we are always open to suggestions and constructive criticisms. We are also looking for interested students to work with the S.B.A. If you wouldlike to work on some particular problem, please contact me, or any other member of the 5.8.A., either personally or by leaving a message in the S.B.A. office, located in the lower level, opeveryone posite the Bookstore. Program Rewarding Report Cites Brussels The StudentExecutive Committee composed of six students who served as professor's assistants and two who were elected by the program's participants, have tendered their evaluation of the summer program to Professor Buergenthal. The committee stated that it was their unanimous opinion that the program was highly beneficial from both an educational and social viewpoint. The experience was cited as highly rewarding for a variety of reasons among which were that it provided valuable insight into many of the problems in the civil law as well as in our own common law system. The opportunity to travel and to live and study in a European University was described as an experience which broadened the student's horizons. Many of the members of the committee reported making close friends and important contacts with present and prospective international lawyers. Several changes in the. gram were recommended in the belief that constructive criticism was the primary function of the executive report. The topics discussed were the introductory lectures, topic selection, seminar effectiveness, professor perform(Cont'd on Page 4) cision, thus cooperating with the Society. Following the disclosures made at the meeting The Buffalo Eve- ning News did publish a follow-up statement by Mr. Dade clearing the "unidentified law student" and all law students from any possible wrongdoing in the matter. �YOU CAN FIGHT CITY HALL Editorials Lift December, 1968 The OPINION 2 up thine eyes The S.B.A. proposal that seniors be allowed to substitute a Bar Review Course for an elective has been returned to the Curriculum Committee by the Faculty. This decision completely ignored a unanimously approved request by the Committee that seniors should be permitted to drop a course. Most people who receive a traffic summons, adhere to the philosto pay the man the money than fight." Even those few hearty souls who do take their case to the traffic court usually quit after having been found guilty, and walk away ophy that "it is better grumbling about the inequities of prosecution minded traffic a It is obvious by now that the Faculty is playing the age old game of procrastination. Their strategy is to delay a decision on the issue until we are either away on vacation, or too involved in exams to care. There is strong opposition within the Faculty to a Bar Review Course. Some professors are afraid that we will become too Bar oriented and lose our prestige. Others do not see any merit in the course altogether. These rather shallow reasons, however, are nothing more than attempts to escape rality. They represent a refusal on the part of most Faculty members to admit that something is lacking in the education we are presently receiving. The Bar Review Course is not the long sought after cureall. At best it is only a stop-gap measure. But until the Faculty wakes up to the numerous deficiencies in our curriculum and takes steps to remedy them, it is the best we have. Suggestions that we flunk out more students, be more selective in our admissions policies, or permit only the upper 75% of the senior class to take the Exam, are not only ridiculous, but erroneously assume that the problem lies with the stu- dents. We suggest that a student-faculty committee be formed to study the present curriculum in order to ascertain its deficiencies. Included in such a study should be an examination into the quality of instruction we are receiving in our courses. We further suggest that until such time as the study is completed and corrective measures taken, the Bar Review Course should be offered as an elective to all seniors. The Rocky Road Ahead Now that our elections are over and a new Student Bar Association has been chosen, we would like to extend our congratulations to President Bill Neff, as well as to the other new officers and representatives. Among the" numerous problems which the new Student Bar has inherited, two stand out as being in need of immediate attention. The first is the consistently poor showing of this Law School in the State Bar Exam, and the second is the increasing inadequacy of our present facilities. Both of these problems, by the mere fact of their existence, cast serious doubt on the quality of the education we are receiving. Mr. Neff has already demonstrated that he possesses the ability to deal with these, and other problems in an aggressive, yet responsible manner. We strongly urge the entire student body to actively support the Student Bar Association in its attempt to cope with these problems. Moot Court from P. 1) tion. Mr. Fleischmann thought that there should be less of a reliance on the briefs in the oral (Cont'd argument, and that spontaneous rather than prepared arguments were best. Judge Curtin stated that an efective advocate must be able to get the court's attention. He felt that all of those arguing were deficient in this respect. Their presentations lacked the necessary emphasis, and color to attract and keep the court's attention. Mr. Moule noted that the tions were very difficult and com- ques- plex. WhileBuffalo and Albany were arguing in round one, Syracuse and Cornel lfaced each other in round two. Syracuse overcame a weak brief to defeat Cornell. After a lunch break at the court. Just Looking Around 111 draws to a close, perhaps a closer look at recent gripes and developments is in order. The S.B.A. has elected a new President and to this discerning eye it looks like the same guy who was elected last year, and the year before, and the year before, ad nauseum. That is to say that the winning candidate has always mouthed guarantees of wondous things that he shall work,but never has it gotten further than that. Perhaps Mr. Neff will prove the exception. We can By E. Hargesheimer As the semester little guy who can't hit back, because someone "responsible" screwed up. It's academic whether the John Howard Society or Judge Trammel is to blame for the Freeman release, probably both parties. But notice the vigor with which they leapt forward to shoulder responsibility. Wow! Scheduling, per usual, is really something to behold. 98.6 per cent of all required courses are at 8:30 a.m. Why not schedule electives at that hour when there wouldbe a little incentive to get up at 4 a.m.? Senior Law Student Clifford J. Steele, however, did not give up. Convicted of the Tightness of his And another thing Trial cause, and his own innocence, he Practice for seniors is limited refused to accept a verdict of only hope. in enrollment. It is one of the guilty after a trial for speeding Speaking of the 5.8.A., the few courses that many students before City Court Justice Luwant to take because it is chowski. Mr. Steele took an ap- Siegel administration has made really in an area of study that some law at least one solid achievement— peal to the County Court. a water fountain!! Well, at least students plan to make their caThese students have waded After several months of inten- it looks like a water fountain. It reers. all these long, dreary sive research, Mr. Steele served has solid'gold pipes, but it has no through of study, only to be told, years suppose it. that it is 15-page I a brief on the Corpora- water in no, no, the administration has tion Counsel for the City of Buf- like drilling for oil, sometimes only a certain numfalo, and the County Clerk. Al- you get a dry hole and that's all decided that take ber can the course. Furthermost one year after the first you can do about it. v more, those chosen few will be judgment was entered in City only the throwing While we are it selected on basis of first Court, the appeal came up for argument before a County Court around here, there's the glorious come, first served, rather than Evening News, with its interest in career choice, class Buffalo Justice. emphasis on accuracy (also known rank, or whatever. Not to menin the John Howard Society as tion the ideal way of making the Following Mr. Steele's oral arStudent). It is what course available for all those gument, the attorney for the city, Stick The Daniel J. Lynch, conceded that the trade understands as hit the who want it. How about it? the people had not sustained their burden of proof at the trial. He then consented to a reversal of FIRST SEMESTER 1968 1969 the conviction. EXAMINATION SCHEDULE Mr. Steele stated that while the entire proceeding was interesting Date & Hour Junior Senior Freshman and rewarding, his greatest satLand Trans. Land Trans isfaction came when Mr. Lynch Fit, Jan. 3rd 9 a.m. Jan. 3rd 1 p.m. Fit, Procedure A&B during argument stated the that he was extremely impressed with Sat., Jan. 4th 1 p.m. N.I.L. N.I.L. the calibre of Steel's trial and appellate work. Mr. Lynch then Mon., Jan. 6th 9 a.m. Contracts A&B stated, for the record, thatwhen Mon., Jan. 6th- 1 p.m. Const. Law A&B Mr. Steele graduates, he will Tues., 7th 10 a.m. Jan. Evidence make a worthy addition to the Wed., Jan. Bth 9 a.m. Legislation A&B Bar, and a capable attorney in Wed., Jan. Bth 1 p.m. Taxation A&B Erie County. Thurs., Jan. 9th 1 p.m. Corp. Tax Fri., Jan. 1 oth 9 a.m. Torts A&B Fri.,Jan. 10th- 1 p.m. Corporations A&B Sat., Jan. 1 Ith 1 p.m. Conflicts Conflicts — --- - . - - Committee Members Selected -- 13th 9 a.m. 13th- 1 p.m. Tues., Jan. 14th 1p.m. Wed,, Jan. 15th-9 a.m. Mon., Jan. Mon., Jan, Dean WilliamHawkland has announced the addition of three more members to the newly Wed., Jan. 15-1 formed Visiting Committee which Wed., Jan. 5th will be chaired by Associate Justice ofthe Supreme Court William J. Brennan. 1 The new appointees are Robin Fleming, President of the University of Michigan and a Professor of Law; Leon Liddell, Profes- p.m. p.m. -1 Wills Wills Future Int. Future Labor Law Labor Law Trade Reg. Criminal Law A&B Property! -II Int. 111 IV & V Trade Reg. Summer Bar Courses Available Following is a list of the variBar Review Course ous Bar Review Courses which 25 Broad St., New York 4, N. Y. fore- may be taken during the summost Law Librarians in the naMarino Bar Review Course mer. Empire State Bldg., tion, currently at the University 350 Fifth Aye., New York, N. Y. of Chicago School of Law, and Sparacio Bar Review Course 66 Court Street, Brooklyn, N. Y. Reid S. Moule, President of the Practicing Law Institute (P.LI.) Law School Alumni Association 20 Vesey St., New York, N. Y. Plaza Suite, the final round was and presently a Justice of the Berkman-Schweyer Bar Study Group argued between Syracuse and Al- Appellate Division of the New Edward T. Welch, Esq. 44 Court Street, Brooklyn, N. Y. bany. Since both of these schools York Supreme Court. 93 Eighth Aye., had argued for the government Kass-Canudo-Thornton Brooklyn, N. Y. 11215 The Committee will provide an in the first round, a coin was tossed, Albany lost, and had to external examination of our Law change its position and argue for School curriculum and facilities the soldier. Albany, however, was and will be directly responsible able to overcome this handicap to President Meyerson. and defeat Syracuse. The judges for the final round were the Hon. THE Matthew Jasen of the Court of Appeals, the Hon. Harry Goldman and the Hon. John Marsh, Editor-in-Chief: Lee Mondshein both of the Appellate Division. Managing Editor: Norm Alvy [•Partners' f-'reiA, Jfnc. After the final round, an Photography Editor: Douglas S. Cream dinner awards was held at the Park Lane. Cornell received an SrSmllk Printing Staff award for the best brief, and Robert Krengel F. Dane Buck from Syracuse, won the best speaker award. 1881 KENMORE AVENUE Sandy Meiselman Arthur Freedman Elbert S. Hargesheimer in Larry Shapiro The Bookstore will be open Phone 876-2284 Tho published everyday from 8:30—5:00 for Opinion ia during tho academic year by tho students at tht Start University of Now York at Buffalo, School the first two weeks of next of Law, 77 Wost Eaglo Strut, Buffalo, N. Y. 14102. sor of Law and one of the OPINION JHfM semester. �December, 1968 Tho OPINION 3 Special Interview FEDERAL JUDGE JOHN T. CURTIN Federal District Judge John T. Curtin graduated from Buffalo Law School in vtdt. He has just completed his first year on the Bench. Previously he was the United States District Attorney for Western New York. The Opinion would like to thank Judge Curtin for taking time out of his busy schedule to grant us this interview. By NORM ALVY The argument has been made that recent Supreme Court decisions are actually favoring the criminal and hindering the effectivenessof the police officer. How do you view these decisions? come actually I'm here early every day. Each case presents its own distinct public. problem. to the attention of the Prof. Del Cotto to Take Sabbatical in Spring Professor Louis Del Cotto will property through purchase and duties for sale, or gifts. in order to Professor Del Cotto, although go on sabbatical. looking forward to taking the sabbatical, has mixed emotions Professor Del Cotto is not yet about leaving. It is hard for him certain how he will spend the to give up teaching, and he also regrets having to leave the tax time. He has an offer to go to the University of Parma in Italy, course he is currently teaching where he would teach a course in mid year. On the other hand, in comparative tax policy. If he Professor Del Cotto feels that decides not to accept the offer, the sabbatical is necessary beProfessor Del Cotto will remain cause it will give him an opporin Buffalo and write an article tunity to think about new probabout tax avoidance of mortgaged lems and methods of teaching. give up his teaching the spring semester State Judges stack with judges anywhere in the nation and they are placed on that Supreme Court Judges serve 6 or 8 year terms and the ballot by the political parthen go before the Senate for ties. There has always been this reconfirmation. Do you feel notion of removing politics from These decisions—Miranda, Escothis would weaken the indethe judiciary but that is not alpendent judiciary? bedo, Mapp, etc., while having ways easy to accomplish. Even a made it more difficult for the polce are certainly not the cause There should be some way of, committee of non-partisan citifor the increase in the crime let us say—checking up on the zens is going to accept only those rate. These decisions affect evgeneral work, physical condition eryone charged with a crime not and mental health of the Judges whose political thinking they apjust a "criminal" Better pay, from time to time. But if you prove. more equipment, advanced train- make the rules too stiff you are There is no system which is ing seem to be several ways to taking away from their indecombat the increase in crime, not pendence. The system has worked perfect. One good thing that has attacknig the Court's decisions. out pretty well so far. Some happened is that the law schools changes might be all right but are putting forth better gradumajor changes without full conHow would you distinguish sideration would not be a wise ates and this in turn leads to an or characterize the different improved judiciary. Aiso more experiences you have encountthing to do. and more people have become inered as UnitedStates Attorney and as a Federal Judge? Should Federal Judges be terested in the workings of the elected for long terms as New court system and this in itself York Judges are and then run There is a difficult transition will bring about improvement in period between the two. again? Professor Louis Del Cotto the selection process. The temptation as ask too many This would present a problem. you Do a fee there is need questions is a problem. You sonje- Federal Judges can be assigned to reform the Electoral Coltimes forget that the lawyers in- anywhere in the country. That lege? volved in the litigation before system would therefore prove unyou know the case better than workable on a national scale. In There should be some change, you do, or that certain material certain circumstances the elecbut just exactly what it should tion of Judges is a good syswill be covered by another witI couldn't say at this time. I be ness in the case and so on. Our tem. It depends again on the What does it take to be one of the foremost experts court system is based upon the constituency which the judges haven't done any independent around in physical planning of the Republic of the Philipstudy on the matter. adversary system and the judge serve. pines? Professor James L. Magavern doesn't claim to be must allow the parties to present Do you believe a case is one, but after spending all last year working on the physical What do you feel is the best the case. As U. S. Attorney I judge better tried by a alone or planning problems of the Philippines at the University of naturally had the opportunity to method for selection of Judges? a judge and a jury? by many investigations. You Philippines Law Center, he could be called just that. lead Should the Bar Associations put forth the recommendations? miss that as a judge. a great believer in the vT'msystem. The goal ofProfessor Magavern Professor Magavern feels that jury Jurors are called in and his colleagues was to conIn the federal system nominees the students there aren't as Also, there is the realization from all walks of life. They are siderand propose revisions of the alienated from the system, their that I must now care for all of under consideration are submitmore flexible than a judge might entire national and local system parents, etc., as in this country. the court's problems. The run of ted to the American Bar AssociWhile a judge may feel one of physical planning which would "The students, in general, are the mill case must be given equal ation which makes a report. For be. way on a contributorynegligence include urban and community less rebellious," although there time. the most part the President issue a jury could come to a development of housing, public are many students who are active names individuals who have redifferent result. Of course this is facilities, land, and aspects of in politics and in demanding reHow would you view the received ABA approval. all within the framework of the general economic development of forms. "A lot of the more agfusal by the Senate to take up law. the nation. Thus, it can easily gressive students are against the the confirmation of Justice There is a lot to be said for be understood why he considered United States government." Fortes as Chief Justice. Was it the New York City system. There, There is no magic in the num- it not only an interesting and This anti-U. S. feeling of these ber 12, or even six for that matenjoyable task, but highly chalstudents can be traced back to ter. The jury system has not lenging. when the Spanish left the Philipclogged the calendars. The nonTo accomplish the objectives, it pines. In the place of Spanish jury case means very often that was necessary for Professor Marule, the United States estabmonths later the judge gets to gavern to continuously travel its own authority. The reread the transcript, the attor- throughout the country, read its lished American government did help neys must submit briefs, there history, read its newspapers, and country but built a colonialist the are further motions, etc. In the talk with its people. While doing type of economy. jury system the parties may get all this, he found time to teach a More damaging than that was a decision right away, sometimes course at the law school and the American demand after as quickly as a few hours after another at the Institute of Plan- World War 11. In order to get the close of testimony. ning. aid and war damage payments, He also spent two months in government had Philippine the Gov. Dewey has said we could Korea working on their physical put a provision in its constieasily do without the Fifth planning problems. Through his to tution giving U. S. citizens equal Judge Henry Amendment. work and studies in Korea, he Friendly would like to put produced a 54-page report for rights in exploiting the Philipeconomy and natural resome restrictions on it. What the Korean Housing, Urban and pine sources. It was not so damaging is your view? Regional Planning Institute. economically but the people conWhat are some of his observasidered it extremely insulting. We must apply all the laws tions during his year in the for student proOther reasons country equally. Philippines? The has "a tests against the United States more authoritarian educational are them to conpressures for disagree couldn't with Gov. system" I than the United States form to U. S. foreign policy, Dewey more on this. The Fifth and therefore, the students are Japan getting much more money Amendment should not be much more conscious of the auafter World War 11, thousands changed. People do things we thority of the teacher. The studon't like. If we look at the dents were not as aggressive in of American soldiers on the isall times, and United other side of th eocean we would stating their ideas as American lands at companies enjoying a dombe appalled at what goes on students. "I tried to get them to Statesposition inant in the economy. there. The sacrifices we would themselves more, not just to acJudge John T. Curtin The country is run democraticchallenge me more and assert have to make is not worth it. ally. "Its political system is much cept all I had to say." Some of the people who would Education is very important in like our big city politics with its a group of eminent citizens proan attack on President Johnson object any most to proposed the Philippines and receives a patronage, alliances and personpose the names of persons for and his policies or was the al relations." Few countries with change in the structure of the very strong emphasis. "The counjudgeships when asked by the Court itself under attack? a per capita G. N. P. so low (about try is supposed to have more colmayor. Usually he follows their Fifth Amendment would prob$150 per year per person) can Dewey's of ably lege graduates, be size some of Gov. for the To recommendations. This is in the past now. than population, England, clients. We can't claim to be a democracy. The Wall Street the rehash it wouldn't serve any people "participate in the govhave two systems of Justice. The France or Germany." The Executive official, howpurpose. Evidently Justice Fortas year Philippine stuernment all the way down the general, 19 old car thief and the the In ever, should have the right to has forgotten about it too. line, in pursuit of patronage if reject candidates put forth by a corporate executive must he dent will make tremendous sacnothing education. Profeselse." There is a proban treated alike. rifices for panel. He must run on the recIn your first year on the sor Magavern remembers one of lem that continues, in that the ord of his appointments. If he bench what has been the toughowning aristocracy is still travel, Goldberg has summed his students who would land this should be Justice makes bad ones est problem you have had to it up best in that the Fifth every Saturday, eight hours by very powerful, sometimes getting known and made an issue durface? and at times ing election time. If he makes Amendment reflects one of our bus to attend* a three hour class votes with economic and then travel eight hours back. more drastic pressures. Getting to work on time. No, good appointments this too should fundamental values. The suggestion has New York been made up by some political commentators .. Prof. Magavern Returns From Philippines - �IN THE OTHER CIRCUITS U.C.L.A. SCHOOL OF LAW— Student Bar Association efforts have resulted in law students sitting as voting members of each faculty committee. The law school paper, The U.C.L.A. DOCKET, claims this participation is unequaled at any other law school in the nation—But what about the student faculty committees here at SUNYAB LAW SCHOOL? Perhaps clarification from our Committees will be forthcoming. University of Texas School of Law—A Job Placement Institute was set up "to assist the vast segment of the law school who are not courted by the larger firms or groomed to the choice clerk- ships to which seemingly only Law Review, students may aspire," and to assist their overburdened understaffed placement office. The institute consisted of a day long session of seminars and discussions with representatives from major firms, governmental agencies and private corporations as well as small frim recruiters. In a banner headline the law school's newspaper the Texas Law Forum noted, "Even Lower 90% invited December, 1968 The OPINION 4 to attend." in order to allow local judges to reduce bail in some instancesand to permit defendants to be released upon their own recognizance in others. It was noted that without the Law Students aid the parole boardand the courts could not have handled the temporarily increased caseload and that thanks to the student lawyers constitutional rights to reasonable bail were not violated. Many per- sons entitled to release were detained only a short time and were able to return to employment while awaiting trial of the charges against them. Columbia Law School—Heads of three law school student groups at Columbia declined to take part in a study under the auspices of the President's Commission on Violence aimed at rooting out the causes of last summer's Chicago convention disturbances. (This is the now famous Walker Report). The Survey of Human Rights Law, The Law Students Civil Rights Research Council and the Student Lawyers Gulid refused an invitation to help conduct interviews which were to be included in the now Library Budget Reduced Currently plagued by a severe manpower shortage and generally overcrowded conditions the law library faces even more difficulties in the near future.' Financial belt tightening practices by the Bureau of the Budget in Albany have eliminated $60,000 from the book buget allotment for this year and staff positions have been frozen at their already low levels. The first victim of the finance International Law. Negotiated contracts with foreign publishers had to be cancelled and only the UnitedNations Publications Office material will supplement the present international Law section. Secondly and perhaps even more crucial the library staff will not be increased at all this year according to Joseph Pascucci, Acting Law Librarian. The Law School's Seven Year Plan for the library called for a full time staff of 28 by 1968-69. Presently only 9 employees comprise the entire library staff. Library aides were added last year but the all important Law Lbirarian positions were not filled. Law School Hoopsters has recorded two straight successes since play begain earlier this month in hte Lincoln Filedhouse Unlimited Division League and should have several more before the season ends. Though the margins of victory were not large, The Law's players were just beginning to hit their stride at the end of the the second contest proving what a great physical conditioner attending law school can be. The team is led by such stal- warts as Charles Davis, an ex-Buffalo State star and Bruce Norton, the famed phantom dunker of Southern Illinois. The floor captain is Dan Holley, and under his astute leadership the team has a fine chance to take the League Brussels (Cont'd The United States civil Service Commission has recently raised the grade levels of new lawyers entering government service. Law School graduates holding a J.D. or an LL.B degree will now enter government service at grade GS-9 or $8,462 per year rather than the previous $6,981 per year. GS-7 or addition, the new entrance levels allow a lawyer who completed law school in the upper third of his class or earned a second professional law degree, LL.M, or showed "superior academic achievement in other ways," to enter GS-11 or $10,203. In exceptional cases new attorneys may enter at GS-12 or $12,-174. In We Buy and Sell USED LAW TEXTS BRIEFS - OUTLINES FOR ALL U.B. LAW SCHOOL COURSES OUT rrILU 3610 Main Street textbook 7r.'-^r 14226 stores, inc. ParkFreeNextDoor Dean Monrad Paulsen of the University of Virginia Law School, addressed both students and faculty on the "Privilege Against Self-incrimination" on December 5, 1968. Dean Paulsen is a noted authority in the field of criminal law, and has written numerous articles as well as co-authoring a casebook in this field. and Presently the law school has only one full time qualified Law Librarian. That post is filled by The Obiter Dicta of the UniJoseph Pascucci, but even that versity of Missouri Kansas City that information gathered by the post will be vacant at the end of Law School reports that 18 of its canvassers could be incriminating the term. Mr. Pascucci has accepted Directorship of the Philastudents aided in the Jackson or serve as a basis for prosecudelphia Bar Association Law LiCounty Parole Office after sumtion of those who were in Chibrary and will assume his new mer disturbances by verifying in- cago during the Democratic Naduties in January, 1969. formation interviewing prisoners tional Convention. A search committee consisting title and move into the City wide of Professors William Angus and Thomas Buergenthal of the Law playoffs. School and Erich Meyerhoff of the Health Sciences Library was Other outstanding members of responsible for coordinating efthe team include Fred Garwood, forts to fill the Law Librarian Stu Gartner, Jerry Hesch, Teddy post. A recommendation has been By DAN HOLLEY Kantor, Jason Karp and Alan made to the full faculty and an announcement will be made by Keiler. During a period of inspired creDean Hawkland as soon as the ative thinking a group of stuappointment is made official. dents formed a basketball team to represent the Law School in a local tourney and titled themselves "The Law." Thankfully the Report team's ability to play basketball has proven far superior to their verbal inventiveness. The squad The Privilege Against Self-Incrimination cut was the planned expansion in Foreign completed study. The primary reason given by the groups was Lawyers' Salary Scale Raised Speakers Program from P. 1) ance, student participation, student selection, housing, materials and class hours. One of the suggestions made was that the relatively unreward- ing introductoryperiod should be limited and the function of giving the American students some preliminary instruction in the civil law system should be accomplished by an elective given at our law school in Community, Public, and Private Law of the European Legal Systems. The Committee expressed its appreciation for the excellent effort of the administrators and all those associated with the In- stitute of European Studies at Brussels. The Committee hopes that many of their fellow students will have the opportunity to participate in the program in years to come. r———————■■■■-"—.'-——.——~-—«■.—m Dean Monrad Paulsen of the University of Virginia School of Lew. tablished that a prisoner was to be informed of certain rights prior to interrogation,and placed limits on what couldbe done during the interrogation, caused great controversy. It had a great impact on police because interrogation procedures are usually more important in serious cases such as murder, rape and arson, where there is scarcely any other The first factor is the recent evidence available. Thus, police revolution in criminal procedure, became afraid that Miranda was going to impede their effectivewhich began with Mapp v Ohio ness. in 1960. This revolution has taken two forms: federalization of proThe Supreme Court has limited cedure which was formerly under state control; and the expansion the privilege to what is termed "testimonial evidence," as opof the reach of federal protections, such as a jury trial in posed to physical evidence such cases of serious misdemeanors. as blood tests. The Fifth Amendment has come under attack both in Congress, and by such prominent persons as former Governor Thomas E. Dewey and Second Circuit Justice Henry Friendly. According to Dean Paulsen,part of the reaction against the amendment is due to two-factors which are unrelated to the amendment as such. According to Dean Paulsen, the reason for the existence of the privilege is to preserve the integdecided in 1964. In the course of rity of the judicial system. An expalining its holding in Malloy, accused should not be convicted the court included confessions "unless the prosecutor shoulders within the protection of the fifth the entire load." amendment. The court went furJudgeFriendly's proposed modther and put the privileges against self incrimination in the ification of the amendment has of the Fifth three main points: The amendcenter Amendment privileges. ment should only apply to cases something is visibly or which in Whether or not one agrees wtih physically taken from an acthe present scope of the amendcused; a judge should be allowed ment depends to a large degree to comment on an accused's reupon whom one sees as the vicfusal to answer questions; fedtim: the arch-type criminal or the eral employees should be subject "poor drug-soaked blackman who to a loss of their job for invoking the privilege. Judge Friendly never had a chance." believes that the amendment Since the decision in the Mal- should not be analyzed as a genloy case, the Supreme Court has eral right to privacy, and that the developed a new sensitivity as to need for truth at a trial should what sanctions and methods can prevail. and cannot be used to obtain statements from an accused. For Dean Paulsen is opposed to example, in Garrity v New Jersey, Judge Friendly's proposals. He the Supreme Court held that comfeels that the text of the current pelling a police officer to anamendment ought to stay as simswer questions or face a loss of ple as it is. It is an "undifferenhis job, violated the amendment. tiated expression on a state's power over individuals." -Miranda v Arizona, which esThe second factoris the recent popularity of the privilege which is due mainly to Malloy v Hogan, * f-^arlnars f-^rtii, ."«<. .J1, r ,1l SrSnUlk 1881 KENMORE Prlntinf Season's Greetings AVENUE from the Staff of Phone 876-2284 -40fc»e THE OPINION Bs_--.»_«_air»^l^^^^^^^^^^^^^^^irKsß � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1968-12-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. The Opinion Newsletter Vol. 9 No. 2 Date Issued Date of formal issuance (e.g., publication) of the resource. 12/1/1968 Publisher An entity responsible for making the resource available University of Buffalo State University of New York at Buffalo Law School Language A language of the resource eng Source A related resource from which the described resource is derived Microfilm Medium The material or physical carrier of the resource. JP2 Type The nature or genre of the resource Newspapers Text Date Modified Date on which the resource was changed. 3/7/2011 15:41:00 Is Part Of A related resource in which the described resource is physically or logically included. LIB-LAW003 Rights Information about rights held in and over the resource <a href="https://rightsstatements.org/page/CNE/1.0/">COPYRIGHT NOT EVALUATED</a>. The copyright and related rights status of this Item has not been evaluated. Please refer to the organization that has made the Item available for more information. You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. This digital collection is made available for research and educational purposes. Researchers are responsible for determining copyright status, and securing permissions for use and publication of any material. Copyright for items in this collection may be held by the creators, their heirs, or assigns. Researchers are required to obtain written permission from copyright holders and the University Archives prior to reproducing or publishing materials, including images and quotations. For inquiries about reproduction requests and permissions, please contact the <a href="http://library.buffalo.edu/archives/">University Archives</a>. If you believe material in our digital collections infringes copyright or other rights, please review our <a href="https://library.buffalo.edu/about/policies/information-use/notice-and-takedown-policy.html">Notice and Takedown Policy</a> for information on how to report your concern. https://digital.lib.buffalo.edu/files/original/a06f5e1b42aab1c1efce61a202b6ba19.pdf d60933d8b465e923cd64ed2c99b5b058 PDF Text Text THE Vol. IX, No. OPINION 1 State University of New York at Buffalo, School Moot Regionals to Be Held Here k v. ,?" lioV,ln?be^ l6' Scho 1 '" The case 1968' the regionals of the National Moot Court Competition will Cornell, Syracuse, and Albany are competing along with U. B. Law involves a suit by a U. S. Army private who is seeking to enjoin the Secretary of Defense and the Army from sending him to Vietnam. The soldier claims that he is a selective conscientious objector, that the Vietnam war is immoral and illegal and that it violates the U. S. Constitution as well as various treaties to which the II s' is a party. Buffalo and Cornell are defending the soldier, while Albany and Syracuse are arguing for the government. Buffalo is pitted against Albany in the first round. Moot Court Board Chairman Michael Gallagher feels that "we have a good chance of winning the regionals this year. Last year we lost a very close decision to Cornell in the regional finals." The winner of the regionals will go to New York City to compete in the pre-final elimination and then the finals. JosephSpaeth and Michael Gallagher are arguing for Buffalo. Bert Hargesheimer is the alternate. Coming Events This Spring, Buffalo will host the Niagara International Competition, which was instituted last year with Osgoode Hall Law School of Toronto. Buffalo won this first competition. This year, plans are being made to expand the competition to include Syracuse and the University of Western Ontario. The annual Charles S. Desmond Moot Court Competition of Law November, 1968 Scholarship Committee to Review Procedures me by Norm Alvy L,aw School scholarship Committee, under the chairmanship of Professor Kenneth Davidson, has begun its work this term by undertaking a review of previous practices and procedures in order to determine if it is functioning at optimal effectiveness. The student members of the committee, Thomas O'Neill and Arthur Freedman, have been given the task of collecting opinions from the student body and reporting back to the full committee. Last year's committee, headed to need. The completed forms are acted upon by the Main Camwas responsible for granting about pus Financial Aids Office which $6000 in scholarship funds. Emthen submits its recommendaphasis was placed on student tions to the Law School Commitneed by the committee and this tee. The committee in turn acts policy was pursued by granting upon the names submitted. The as many scholarships as possible introduction of a new, more simwith the limited funds available. plified form to be used by the Fifteen to 20 awards of $200 each Scholarship Committee without was thought to be more beneficial the need for Main Campus action to the general student body than has been suggested. This would larger $500 grants available to present a great many practical a considerably smaller number difficulties however. of students. The aforementioned Setting up its own full time policy will probably be followed staff to process the forms and this year, unless of course sev- carry out some type of verificaeral thousand dollars more is tion procedures would appear made available to the committee necessary. The committee does and that is highly unlikely. not have the required personnel Gallagher, Michael chairman of Moot Court Board, who is looking While some law schools grant for such a venture and the Law forward to the November 16 Regionals in Buffalo. individual scholarships as large School itself cannot provide them. as the total amount availablehere The committee was given an all of last year (c. g., University additional task last year as a for U. B. Law Students will also their having a Moot Court probe held this spring. Although gram this year. Members of next of Chicago), Professor Davidson result of the Jaeckle-Abrams this competition has traditionally year's Board will be chosen from stressed that this is not the case Trust Fund. It was to suggest been open only to juniors, the among the competitors in the at U. B. Law. No public money ways to best utilize the income is available presently to the comMoot Court Board is considering Desmond Competition. If freshfrom this gift. The final determinopening it to the freshmen as men are allowed to participate, mittee despite the fact the Law ation however is left to the diswell. Whether or not freshmen they will also be eligible for School is funded by the State of cretion of the Dean. The commitNew York. Private sources such tee also makes recommendations can participate will depend on membership on the Board. as the Law School Alumni As- to the Law Wives for the awardsociation, individual unsolicited ing of their yearly $100 Book gifts, the Trial Lawyers AssociaScholarship and the Legal Section, etc., are the only funding retaries Organization of Buffalo for the granting of their award. sources. Law students will have the by One policy change which may Student comments on the funcopportunity to join the newly Sandy Meiselman come about relates to the use of tioning of the committee should formed chapter of Phi Alpha Federal Loan form for collection be directed to the student memLaw Fraternity for the This Fall the UB Law School has begun a program Delta time of relevant financial data necesbers of the committee or Profesthis year. The nationfirst sary to make a determination as which endeavors to add to the number of minority group al sor Davidson. which has chap-1 tersorganization, lawyers in the county. at 107 law schools throughA program of this nature was first proposed last out the country, was contacted March by the newly-formed ABA-connected group, Council by a group ofto U. B. law students in an effort establish a chapter of Legal Education. The objective of CLEO is to bring 300 here. In an open meeting with Dean William D. Hawkland new lawyers into the profession by 1973 from Negro, Phi Alpha Delta's roots exand Associate Dean George P. Smith, members of the Spanish-speaking and Indian groups. tend back to 1902 when it was senior class were given an opportunity to directly conAlthough they make up about founded in South Haven, Mich. front Dean Smith and to hear his side concerning certain Today, it is an active and esone-third of the nation's population, these groups only account teemed national professional allegations about his activities in the Placement Office. fraternity with 107 active chapfor from one to two per cent The meeting was the culmination of a petition preof the nation's lawyers. An inters and 59 alumni chapters, and sented to Dean Hawkland by Michael Stephens and Michael creased number of minority has more active chapters than McGee calling for Dean Smith's removal as placement group lawyers would serve to any other law fraternity in the officer. The petition was signed by approximately 50 per world. Its chapters are restricted increase representation and comThe Student Bar Speakers Promunication within the group and gram represents one of the most to law schools accredited by the cent of the senior class. encourage still more members beneficial functions of the StuAmerican Bar Association, a dent Bar Association. The Prohigh standard peculiar only to of the group to enter the profession. Finally, CLEO proposed gram is unique in that it is spon- Phi Alpha Delta. that the additional students be sored and conducted solely by The founding members of the admitted on the combined basis the student body under the or- U. B. chapter intend to utilize LSAT scores that would other- ganization of the Student Bar all of the facilities and services wise be too low for admission. Association. In respect to law of the fraternity's national organThis idea first took shape at schools, the Speakers Program ization in order to benefit the law State University at Buffalo when at Buffalo is one of the few in school students and the university. Among the services to the President Mflfyerson announced the United States. the designation of a Select ComThe financial aspects of the _stydent are: national professional mittee of Equal Opportunity last Program concern the payment of*ft..affiliation, student loans, student April. In seeking to enlarge the an honorarium and expenses fiifcLgMdiolarships, faculty assistance, number of minority group stuthe guest speakers. During the alumni contacts and advice, dents the Law School was of current year, the honorarium has job preparation and placement, course included. It was with this been set at $100, and including admissions assistance as well as implementation in mind that expenses, tbe total expenditure leadership development. Dean William D. Hawkland as he makes some opening statements to Professor Jacob Hyman proposed per speaker would be in the vaThe fraternity also offers such members of the senior class. that the Law School "Admissions cinity of $190. This year's pro- benefits as the PAD Directory of occasions had actually worked gram has been financed by funds all active and alumni members Committee be authorized and enAt the beginning of the meetcouraged to seek out minority allocated by Sub-]Krd 1 located throughout the country for refering, Dean Hawkland stated that against students whom he did not group students who appear to on the main camjoK ence and contact. The free PAD a change in the placement office like. quarterly publication, The ReDean Smith categorically dehave the capacity for legal trainThe Program hasoeen successwould be in order if "there is ing but whose academic and ful in that a number of interevidence of either malfeasance in nied the charges against him. porter, is received by all memLSAT records fall below our adesting and highly competent peobers for life. The organization also office, or of widespread discon- Speaking to one of the charges missions standards." Coupled with ple from the legal profession offers service to the profession tent." The Dean then cautioned against him, he stated that he this admission policy would be have participated. The main through its insurance programs the students not to think that never put a letter of censure in discontent in other areas would anyone's files, but had merely an agreement on the part of the shortcoming, and in turn most and annual conventions. faculty to privately tutor the studiscouraging part of the ProApplications for admission are have the same effect. In this inquired if it had ever been gram, has been the relatively available at the Eagle Street of- instance, discontent is more reldents so admitted. done. Dean Smith termed this Professor Hyman is now chair- small attendance by the student fice along with pertinent infor- evant since the placement of- accusation a rumor started by a man of the seven-member Ad body. In an academic community mation about the fraternity. One ficer has to work very closely confused and emotionally unbalof the founding members, Charles with students. Hoc Committee for Special Stu- such as the one we have at Bufanced person. He furtherdeclared dents which is administering the falo Law School, it would be McFaul Jr., hopes to see active Charges Alleged that the time had come for the assumed, and indeed expected, participation on the part of most The essence of the charges accusers to put up or shut up program. Therei are "approxithat a speakers program should students "for their benefit in- against Dean Smith was that he by presenting evidence, not rumately half-a-dozen" students did not carry out his duties in an mors. now enrolled at the Law School be a contributing part of that dividually as prospective memcommunity. objective manner, and on some (Cont'd on Pg. 2) bers of the legal profession." under the program. by Professor James B. Atleson, Program Begun for Disadvantaged Students — Speakers Program - PAD Formed Placement Office Stirs Controversy . •- ~ �November. 1968 The OPINION 2 Editorials Just Looking Around Opinion Becomes A Modest Proposal Independent By E. Hargesheimer 111 Now that the freshmen are fully integrated into the system, The Opinion has recently be- this tend wish Progress has been minimal of late in the field of come a fully independent publistudent-facultyrelations. Legitimate student grievances have cation, no longer being dependent resulted in too many student-faculty confrontations. Bitter- on the Student Bar Association. Along with most other campus ness and diatribes on the part of all factions concerned have publications, The Opinion now become prevalent at these events instead of constructive receives its money from the Pubcriticism. Faculty communication is thought by some to be lications Board on the main camat a complete standstill outside the lecture hall. (There are pus. The Opinion is also one of those who would be so bold as to suggest that it is even the voting membersof the Board, approves budgets and colacking there, but that must be wrong). Our Law School which ordinates the disbursement of has the advantage of being a smaller academic community funds to the various publications. than most and should use this fact to its utmost advantage. In a further step toward indeOne step in the right direction has been the recent coffee pendence, the Editorial Board drafted a written constitution hours where faculty and students have managed to comwhich was subsequently approved municate. by both the Student Bar AssociMore activity along these lines should be encouraged. ation and the Publications Board. Taking a faculty member to lunch might be one way to Commenting on the new relaLee Mondshein accomplish this. Taking a faculty member to dinner might tionship, Editor stated that "being associated with home a Taking might faculty a member be be another. has done Publications Board the third. The faculty might try the same approach and take a lot to enable The Opinion to students to lunch, or to dinner or to their homes. These publish on a regular basis. But suclatter methods would seem to be much preferred over whether or not we actually upon ceed will eventually depend those where each group takes the other to the cleaners. Delay in Grading Revisions Last Spring, the Scholastic Standing Committee accepted student participation Law School." here at luck. like ingly captured this bastion higher education. It is to be the scene, of which the present freshmen are the entree, the of the new dawn so to first blush speak. Rarely has a class been more representative of society, not to say that it is representative; but a more palatable mixture, racially and sexually, has doubtless not been seen here before. Lets give Admissions a rousing BLEAT for yes, sir, the their good work University of Mississippi has nothing on us, but tell me why .. something Bar Examination Applications have to lems during the summer and Fall semester. Throughout the summer, the committee met only twice, and it has met infrequently this semester. Those meetings which did take place did not produce anything of significant value. Procrastination and inaction on the part of the committee's chairman in refusing to call meetings is inexcusable. If he does not take this responsibility seriously, or perhaps does not feel that the problem is worthy of consideration, we suggest that he resign and make way for others who do. It is one thing for the faculty to recognize student complaints about the grading and probation systems; but mere recognition of the problem is not enough. Action must be taken to isolate, and then rectify whatever inequities are discovered. Should the goals of this committee be allowed to pass into oblivion, not only the student body, but future student-faculty relations will suffer. Cooperation between students and faculty is a necessity for the successful functioning of any academic institution. Cooperation, however, is required of all parties and not just the students. THE OPINION Editor-in-Chief: Lee the LL. B. Once the date of the Bar Exam is announced, the Registrar, Mrs. Marion Dean, will call a meeting of the senior class at which she will pass out an instruction sheet and answer any questions. There is no immediate rush for the applications since they from P. lot of by 1) little things that had hap- pened to cause a loss of confi- of Law, 77 West Eagle Street, Buffalo, N. Y. 14202. , Associate Dean George P. Smith 111 answering charges raised him at a recent senior class meeting/ against out to campus and stop washing; if you're intrigued with learning, take a course in law from the LaSalle Correspondence School; if you're determined to have take your blue men's room; if a good loser, vote in the Presidential election; if you're concerned with broadening yourself, head out to Buff State; if you seek a better tomorrow, stay in bed today; if you're worried about race relations, go visit your uncle at the track; etc., etc. But BE ACTIVE, do what you want to do, but do it! These are the last years we all have to really concentrate on dabbling in those things that are somehow important to us, here and now. your say, crayon into the you're Arthur Freedman in the specialized areas of Civil Rights and the Federal System, Commercial Law and Problems, Anti-Trust and Related Matters, Smith. According to Stephens, Dean Smith had called a law firm after it had hired a student, and gave them his standing in the class. In his Joint Comparative Law Seminar. The program was a joint one rebuttal. Dean Smith stated that the employer had called him not only in the sense that two requested and the student's rank. universities were. participating, Other charges against Dean but also in its having 25 EuroSmith were: after a student V pean students in addition to those (whose name had been on a*7 from U. B. Law School. Countries to the previous petition) had accepted represented in addition Belgium, States were: a clerkship, and another offer United England", Greece, Ghana, Austria, was received, Dean Smith re- Italy and the Netherlands. jected the second one without During the initial two weeks even informing the student involved; a statement that the Law of the course, the students were separately in that sysReview had best do things as lectured lawApommon or civil, they ought to be done or the tem of *_ftey had not been with which faculty would take over; and previously acquainted. In the folthat the school itself was the lowing four weeks, the students object of ridicule by Dean Smith. Again Dean Smith categorically jointly participated in seminars deniedthese accusations, and put but at that time Dean Hawkland forth different interpretations of had asked Dean Smith to stay on. what was alleged to have occurThe Dean, also stated that his red. acceptance of the resignation was In a letter to the student body, conditioned upon his finding anDean Hawkland stated that Dean other placement officer with comSmith had tendered his resignapetent administrative capabilities. tion effective as of January 1, Dean Smith had tendered his 1969. Dean Hawkland was care- resignation last year because his ful to point out that the resignaposition as placement officer was tion was offered last January to interfering with his teaching take place this coming January, duties. dence in Dean The Opinion is published during the academic year by the students at the State University of New York at Buffalo, School tating, go On July 3, 1968, approximately 33 U. B. law students who had just completed their junior year, departed from Kennedy Airport in New York for a program of Summer Study Abroad. The program was initially conceived in the Pall of 1967, and under the auspices of Professor Thomas Burgenthal a program was developed to acquaint law students with the varied aspects of Common Market law and related problems of international law. Although the course did not begin until August, arrangements were made whereby those who wanted, could leave for London on July 3, obtain further transportation to Brussels on July 9, and then be free to travel on the continent as they wished. On Aug. 5, the students were to meet in Brussels to begin the six-week Speaking for those who prepetition, Mike Stephens stated that there were a Sandy Meiselman Larry Shapiro .. Disappointing to Students a separate form for each applicant, hopes to have everything ready by April so that seniors will have plenty of time to meet the deadline. Seniors planning to take the PLI Bar Review Course, may write for further information to: PLI 20 Vesey Street New York, N. Y. (Cont'd here at Law U. Our most recent petition, recently brought to a somewhat inconclusive head in debate, however, merely represents the disgruntled and the consensus and should be interpreted as so doing. As a doddering senior, my advice to the freshmen is only BE ACTIVE. If you're interested in participating, compete for Law Review and the Moot Court Board; if you're interested in tokenism, join a faculty-student committee; if you're a joiner,sign up for the Student Bar Association; if you're interested in isolationism,be secretly inducted into the Blackstone Society; if you're interested in capturing the attention of the student body, plan an armed holdup of the book store; if you're interested in agi- Brussels Study Program cannot be filed earlier than 60 days prior to the exam. However, they must be filed no later than 30 days before the exam. Mrs. Dean, who has to fill out sented the Staff Arthur Freedman Elbert S. Hargesheimer 111 be filled out and reThe state is printing new forms in January which will list the J. D. degree instead of turned. Placement Office Mondshein Managing Editor: Norm A Ivy Photography Editor: Douglas S. Cream . it has taken until the 81st year of this school to do so. Admissions, in another respect, sheer numbers, is unfortunately too zealous. Big law schools are nice, but hell, man, someone should be notified that so many cats will be going to school with me! If classroom space is limited at an outside maximum, well, limit classes to that maximum. Don't say that too many freshmen were accepted, the problem, extends to the Juniors also, and that couldhave been prepared for this summer. Take some of the electives; Wills and Trusts is a case in point. Now its a real elective. You can elect to bring your sleeping bag and stay overnight to insure a seat, or you can elect to sit in the hall on your camp stool. Lets face it, be done to correct the inequities in the present grading and probation systems. Student-Faculty Ad Hoc Committee under the chairmanAn In order to take the Bar Examship of Professor Fleming was created to study the prob- ination this July, applications will student suggestions that of be- lieved that they thoroughly outnumber their upperclassmen. In this sense at least, and in the prognosis for the future, there is a new law school appearing on the this is a professional school, so lets try and be a little more professional in our foresight; 600 writer would like to ex- students do not, will not, and can his warmest welcome and not fit into 27 seats, therefore them the hardiest good .its time to do something about it. As per usual, our activities are We all need it. Lemmingthe freshmen have seem- active and our pacifists are pacific Civil Procedure and Enforcement of Foreign Money Judgments. Professors W. Howard Mann, Adolph Homburger, Saul Touster, and David Gifford represented the Law School. Most of the European professors were from the faculties at Brussels, Ghent, Liege and Lourain, Belgium. It appeared that the majority of American students were not particularly satisfied with the presentation of the courses in general, and with the atmosphere of the University of Brussels. The program itself was not very intellectually stimulating, and the European professors were having substantial difficulty communicating with the American students. The lucid, well adapted lecturing of the American professors was the only possible redeeming portion of the entire academic program. Contact with the foreign students was very rewarding, but most of the American students felt that the University of Brussels was the sort of place which could only be beneficial to the most stolid of minds. It is my opinion that in the future this program should be instituted at another university, such as the Sorbonne in Paris. At such a university, the students would be better aware of the fact that they are in Europe. Dean Hawkland stated that in his own opinion, no charge of malfeasance had been substantiated. Professors Laufer and Giffordwho were also present at the meeting, also found no need to investigate. Dean Hawkland felt that it was "perfectly proper to have the meeting," but that the resignation had made Moot any question concerning the issue of no confidence. �November, 1968 The OPINION 3 Law Wives Plan Year's Activities know that approxistration as well as speakers on mately 140 out of the 385 stuinvesting in the stock market; dents at the Law School are experiences as a counter-spy for married? Many of the wives are the F. B. I.; and child psychology. members of the Student Law Judge Killeen presented an enWives Association. joyable talk about her experiences as a City Court judge. The purposes of the organizaThis year, Program Chairman tion are to raise funds for a Mrs. Walter J. -Mahoney Jr. has scholarship which is presented an array of interesting topics annually to a husband of a "Law Wives" member, and to provide and speakers, but is waiting to social activities for the wives of hear the opinions of the other members before setting up a married students. program. The association meets once a definite The this year are Mrs. month, usually at the home of a Josephofficers W. Bennett, president; faculty wife. Faculty wives who Mrs. Michael Brown, vice presiare opening their homes for dent; Mrs. John Livingston, remeetings this year are Mrs. Wilcording secretary, and Mrs. Richliam D. Hawkland (honorary facard Heffern, treasurer. ulty advisor), Mrs. Adolph HomThe association's first activity burger, Mrs. Thomas Buergenthal, of the year a tea to welcome Mrs. Jacob Hyman, Mrs. Joseph the wives ofwas freshmen newLaufer and Mrs. Milton Kaplan. ly married students. It and was held Meetings consist of a business in the student lounge of the Law meeting, and an educational proSchool. gram and coffee hour. Last year The first money-makingproject, the association had a wig demona Christmas auction, will be held Did you FRESHMAN GRADING _ Contract. A Torti A - - -- I - Prof. Davidson Pro). Hyman 111 -Pfol. Angus- Property -- I P.0.. II - 1968 Grelner (Finalsome) Prof. Goldstein 1 2 6 717 13 1126911111011441 11 113 910 9 911 6 5 44187565232 97 99 1 97 99 1 73 72 I 62 1 211 1382 968 12 4736214 221588534612221133 111 151 34 10 5631654122 1111 2 81 59 62 - 36 3 210 611121112736653 1 71622 10 7 8 2 3 1 1 1 I 2 1 1 97 99 59 1427583134211412 JUNIOR 8 Prof. Schwarti Total Number GRADING RANGES-SECOND SEMESTER 1967-(968 (Failure) (Equivalentlo D| (Equivalentto C) (EquivalentloB) (EquivalentloA) 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 75 77 78 79 80 81 82 83 84 85 86 4 3 913 4 5 8 7 3 3 11 ! ] 1 4 954444254632212 1 Taxation A-Prof. Del Cotlo B-P.rol.Joyce 25 4653382663231 3 6145565114121 2 Groded 62 63 1 23 61 52 I" 143664666752121 1221843692132313 61 52 1 PERSPECTIVES - Cont. Int. law Prof. Buergenthal LegalHistory-Prof. Mann Legal Profession- Prof. Swarlr Philosophy oflaw -Prof. Franklin - , . ,_ , , Cc. Pt.& Tr. Marks Prof. Goldstein Senior. 37467 13324 I Mr. Monak Juniors JUNIOR (Failure) AND SENIOR ELECTIVES - 59 60 61 62 63 64 - Juniors - 65 66 67 68 69 70 71 72 73 74 75 2 3321 2 2 16 14 1 2 1 1 1 8 8 12 1 Prof. Sworti 2 27 81 82 83 84 85 86 87 Graded 4 3 7 12 2 2 12 1579 12 116 3 11 20 [ola| (Equivalent lo A| Number 112 2 53 10 (Equivalent to B| 76 77 78 79 80 .21 3 8 11 633 2 48 15 Prof. Alleion 12 Spies Seniors - 1 1 12 TradeRegulations Prol. Gifford juniors Seniors Willi-Prof.Joyce Juniors 437 8 3 2 7 B - AppellatePractice JudgeDesmond Collective Barg. -Prol. Alleion Corporate la,-Prof. Del Cotlo E-tolePlonnlng-Prof.Muoel Federal Juris.- Prof, (torn N.V.Practice Dr. Homburger Proctice Mr. Blair Mr.Fr.y 1 (Failure) 59 60 61 62 1 Mr.Schau. Mr.Slengor Mr.Walentynowlcz Co.Sm.Bu.ines.-Mr.DePonc.au Mr.Zlmmermann - - —- —— SEMINARS 1 1 Ccn.-Am.t.Legal Probs Prol. Angus Civil Right. Prof. Monn Crlm. low & Proc. Prof. Schworh Evld.8> Sclencei Prof, Korn Int.Oral, Human Rl.. Prof. Buergenthol low& Economic. Prol. Gifford Public Schools Prof. Hyman Tan,of For. Income Prol. Davidson legalClink -Mr. Monak 1111 132 44 5 2 412 11 3 63 SECOND SEMESTER 1967 - 4 1.1 59 29 1 25 1 34823 23223332112 - 6 1 123311 10 SENIOR ELECTIVES AND SEMINARS GRADING RANGES -- 12 2 4 13532132 12 1111 1 Seniors Trloi 3 SEMESTER 1967- 1968 Seniors N. 1.1. Prof. Juniors 2 2 8 (Equivalent lo C| Seniors Juniors 2 13 2 2 2 SECOND (EquivalentloD) Develop.Planning Probs. Prof. Kaplan Junior. Senior. Professor Joseph Laufer who recently returned from his sabbatical at McGill. university. It was felt that this would make McGill a more truly national Canadian law school. "My function was to teach a feeling for a practice." They put much less emphasis, in Canada, on taxation and procedure. "After three years, our students are in common law torts to more sophisticated about law." students who have been trained There is also a program in in the civil law of Quebec." He French Canada, Professor Laufer also gave a seminar, in French, explained, which does away with with Professor Paul A. Crepeau, the usual four year degree needin "Comparative Law of Conflicts ed to enter law school. They have recently started a system where in the Field of Torts." In addition, Profesor Laufer taught a the student will go to a two-year second seminar on "Comparitive community college and then enter Family Law," with Professor law school. "The first crop will Robert Hahla. be on campus next year." Professor Laufer helped in the This two-year pre-law system actual implementation and plan- was instituted mostly because of ning of this new national school financial reasons. It was felt that program. The full program went only the rich could afford to pay into effect on Sept. 9, 1968. The for seven years of college. program is designed to "bring about a closer understanding of Professor Laufer also stated civil law and common law thinkthat McGill and Canadian univering in specific fields and stimusities in general are having the late reseach and understanding same type of student upheavals of comparitive law." as in the United States. In fact, After their third year, law stu- a group of Students for a Demdents at McGill can choose beocratic Society, at McGill, occutween a civil law degree or a pied the president's office, demdegree in common law. Those onstrated throughout campus, who wish can take a combined etc., in their "totalitarian fashdegree. This combined degree reion." It lasted less than a week, quires an additional year beyond at which time the police were the third. called to the campus. "To call the The McGill program differs organization Democratic Society from the Buffalo system in that is to me a perversion of words." Buffalo students are trained in It is the desire of Professor common, not civil law. Laufer to establish closer links During the year at McGill Unibetween American and Canadian versity, Professor Laufer was aclaw schools. This is because: 1) tive in the Canadian Association there is an increasing interdeof Law Teachers. He was a pan- pendence between the United elist on "Tort Liability Problems" States and Canada; 2) there is a at their meeting in Alberta. He great deal to learn from them also attended the annual meeting and they from us; and 3) a lot of Quebec Law Teachers. of the disagreements with Canada How do the students at McGill would be alleviated with better differ from U. S. law students? knowledge between the peoples "They are used to the continental of the two nations. It is truly a tradition of teaching. That is, the worthwhile goal. course FINAI TAXATION A-Prof. DelCollo B- Prof. Joyce Labor Law culture. Thelaw school at McGill, which has about 250 students, had previously been one which taught the civil law. During his stay there, Professor Laufer participated in a program to institute a system of teaching both the common law and civil law at the 104 99 1112 3 5 1523 Piol. Goldstein Criminal Procedure A-Mr. Blnon FamilyLaw vides training in such diverse fields as arts and science, medicine, law, engineering and agri- professor comes in, gives his lecture, and leaves. The student can attend or not as he pleases." Professor Laufer didn't use this method. He used the system that is used at Buffalo and most American law schools. At times, he had to convince the students to prepare for classes. He found that the Canadian law student, upon entering his first year, was generally better read than the American law student. But "our students get more intensive training and a better GRADES Dean Hawkland B-Prof. Fleming legalClinic- University. McGill University is an Englishspeaking Canadian school in Montreal. It is a school that pro- Total 914 6 2 7 4 2 1256111678711 4533131 2 II Contract. A Property II SEMESTER 1967 of law at McGill friendships. Anyone having any questions may call Joyce Bennett 431119 988114433111211 4 6 8 12 14 18 10 5 9 2 I I 1 1 1 2 1 12 2 12 111 -DeonSmith (Final same) VEARIVFINAI 11 2 I I 1 Prof. King B-Prof. Kaplan II SECOND by Larry Shapiro "The law school at Buffalo has a special obligation to establish close links between American and Canadian law schools because it is so close to Canada," says Prof. Joseph Laufer. In his desire to do just that, Prof. Laufer, upon invitation, spent this past year as a member of the faculty at 826-2367. / 1 7 5 6 11 22 '8 16 11 10 2 1 3 4 997 22 778243 112224 Pro). King Dean Hawkland B-Prof. Fleming Admin, taw - Prof. Laufer Returns from Sabbatical the Erie County Savings Bank in the Northtown Plaza. Objects to be auctioned are a variety of handmade Christmas, decorations and gifts, which make excellent and unusual Christmas presents. 'A case of liquor will also be raffled off at the auction. Proceeds from the auction will go into the scholarship fund. There are tentative plans for a card party during March. More definite plans will be announced at a later date. The year's activities will close with a luncheon or dinner honoring the Senior Law Wives. At this time they are awarded their P. H. T. degrees (Putting Hubby Through). The newly elected officers are also installed at this event. As a result of these meetings and fund-raising projects, many members form lasting 3 at Nbr. (Failure) (Equivalentto D| (Equivalentto C) (Equivalent tofl| (Equivalent loA| 59 60 6/ 62 63 64 65 66 67 68 69 70 7/ 72 73 74 75 76 77 7B 79 80 fit 82 83 84 85 86 87 Graded Civil Procedure A- Dr. Homburger B RANGES on Dec. at 8 PM 2 7 11 1968 59 28 loln , Number (Equivalenllo D) (Equlvalenl toCI (EqulvalenlloB) (EquivalentloA) 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 90 Graded 112 3 2 111 12 2 3 13 15 3 111. I 1 1 I I 12 2 2 4 4 112 2 2 4 3 21 112 2 1 1338684 19 84446111 1112 111 12 2 11 . 1 12 3 , I 1 1 7 8 8 8 .- - . . .... 1,13 1 - 4 2 2 1111 2 I 3 1 1 3 1 3 ■ - ,,, 1 .1112 2 ," 3 2 6 115919 2 ' 18 24 72 8 12 11111 2 111111 4 1111 1 1' 14 3 15 15 7 4 8 ._ II o 111 3 2 3 Graduation Graduation Is not as far away as you may think. In order to make certain that all seniors get diplomas with their names spelled correctly, order forms will be distributed in the near future, possibly after the Evidence Exam. S. B. A. - presents a STUDENT FACULTY COCKTAIL PARTY DECEMBER 6th The Plaza Suite 1 M&T Plaza �Law Review Budget Cut The Ombudsman Report In November 1967, the Ombudsman Demonstration the City of Buffalo began to function under a grant from the Office of Economic Opportunity. Four neighborhood offices were eventually established. These were each staffed with a neighborhood aide and 11 participating law students, who worked in the offices on a rotating basis. Although the Ombudsman is United States. It is also one of to act in the interest of the the few examples of a local Omentire community, he has an budsman in the world, and the affirmative obligation under the only one that employs neighborgrant to open up and maintain hood offices in the core areas. channels of communication with The table below lists the comthe poor. Establishing effective Editor-in-Chief communication with the poor has plaints docketed during the first Michael Stephens, of Law Review proved to be harder than was nine months of the project. originally anticipated. It was only during the fourth month of the project that a substantial number of complaints began to come in from this source. The Sex and law, two topics of interest to most law students, reason is due partly to distrust, were combined in a lecture by Dr. Robert L. Sadoff of the which has not yet, and may never, Temple University Schoolof Law. The subject of Dr. Sadoff's be overcome. Equally important is the lack of information in the lecture was "Psychiatric Aspects of the Sexually Deviated poverty areas about the project Offenders." Although excellent publicity was Dr. Sadoff began by stating several common beliefs received, it takes time for it to about sex crimes, which he later disproved. These fallacies filter down to the poor. are: sex offenders are lustful and over-sexd; minor sex Much of the previously mentioned distrust has its origins in crimes progress and lead to more serious ones; effective the tension between Negroes and treatment methods are known and utilized; sex offenders whites. Based upon the activity are usually recidivists. of the past months, it is the beperson is under the influence of lief of the directors "that an He defined sexual deviancy drugs alcohol. The original purOmbudsman's office can reduce as a pattern of sexual behavior pose oforsexual psycopath laws—to the tensions to some extent. The that does not encompass penilechannel offenders to places where degree to which this can be dine vaginal relations. According to can be helped—has failed shouldn't be exaggerated. The Dr. Sadoff, "we are hung up on they they and should all be repealed. Ombudsman is no sure antidote labels in both law and psychiThe rate of repetition in sex for riots." atry." The law has to define an crimes is actually lower than in The typical rioter, according to offender by his behavior, but the report of the National Ad- psychiatry should use a person's non-sex offenses. In a group of given psychiatric criminals treatvisory Commission on Civil Disdynamic individuality instead. ment, the repeat rate for sex orders, is "a Negro, unmarried per 2 cent as offenders was comages today laws unfairly between of and Sex are male the 15 24." Only a few of the Ombuds- enforced since we do not fjjj&h or pared with 8 per cent for nonprosecute all sex offenderepThe sex offenders. The rate in the man's complaints have come from which did not receive any this group. male is usually deemed to be the group treatment was 8 per cent for The Ombudsman does help reoffender said Dr. Sadoff. For sex crimes and 25 per cent for duce interracial tensions. By act- example, if a man looks at a ing as an independent intermedigirl undressing, he is a peeping non-sex crimes. According to DrL Sadoff, a Tom. But if it is the girl who ary, a certain bond is sometimes forced rape is usually the reestablished between the Ombudsobserves the male, he is an exsult of a combination of emotionman and the citizen. ibitionist. al frustration and sexual hostilPsychiatrists have no good ity. Thus, most exhibitionists, etc., The project is important not answer for treating sexual of- are not dangerous, for their probmerely for Buffalo, but as a general test of the adaptability of fenders. Thus, the profession lems are of a different nature. the Ombudsman concept to local should be careful since they can Persons on marijuana are not goernment. As a large, industrial be abused by the courts, as well overly sexually stimulated. In city, the problems facing Buffalo as being tyrannical themselves. fact, they actually have less of are fairly representative of those Not all sex crimes are directly a desire to be together. facing other urban areas in the caused by psychological disorders. Dr. Sadoff believes that there United States. Presently, this is Many cases of pedophilia, for ex- is a relation between hardcore the only such experiment in the ample, are committed while the pornography and a person who commits sex crimes. Such pornography can have an effect on those are already disturbed and 11/17/672/17/68 5/17/68 Cum. who already have a predisposition to2/16/68 5/16/68 8/16/68 Total ward committing such crimes. Abandoned cars 0 3 8 11 Another contributing factor to Building permits 2 0 2 the commission of sex crimes is 0 Civil service 4 5 the existence of a distorted view 110 Condemnation of sex; the so-called Playboy 7 14 0 21 Philosophy that it is always read3 46 36 Demolition 85 Dogs 0 4 2 6 ily available. This is "fallacious to disappointment and can lead Dumps 2 0 0 2 mental problems Employment 0 5 8 and subsequent 3 doubting such as one's manhood. 7 22 Garbage removal 7 36 People with a propensity toLandlord and tenant 7 5 32 20 ward the commission of sex Licensing 2 5 2 9 crimes can often be spotted early Paving 5 59 34 20 in life. Excessive bed-wetting, arPolice, traffic 1 18 21 40 son, and cruelty to animals can Police, other 4 20 13 37 be indicative of future sexual Probation 1 4 16 problems. A child who is a continual loner and is unable to subPublic health 1 25 75 49 may also Public housing 2 59 18 79 limate his sexual drives have such tendencies. 2 Recreation 4 24 18 All of us have deviant imSchools 3 14 7 24 pulses, but most of us learn to 12 Snow removal 6 19 control them. 1 Social Service 6 46 44 96 0 4 Street cleaning 5 9 Street lighting 2 16 8 26 Project for Sex and The Law , * Taxes, income Taxes, real estate Traffic engineering Trees Urban renewal Water charges Zoning Miscellaneous Correction Total complaints handled Complaints rejected Complaints withdrawn Complaints referred elsewhere Total complaints not handled Total complaints docketed November, 1968 The OPINION 4 2 4 2 2 0 2 5 10 (14) ■ 2 4 6 7 0 15 0 8 2 10 15 24 11 11 10 3 2 18 14 36 12 104 430 302 836 10 3 1 5 16 31 1 6 10 440 44 2 20 66 120 0 9 40 342 902 The Buffalo Law Review, dependent on the state for financial support, has found itself the victim of a one-third budget cut this year. Each issue costs approximately $8000 to print and distribute and with three issues scheduled each year the $13,000 allotment presently available is totally inadequate. Already scheduled for this Fall is a special project on New York's experience under the new Penal Law. In the preliminary stages is a study highlighting air and water pollution law to be published next year. Because of the budget slash, that and future special projects may have to be shelved. fessorRobert Kessler of Fordham This term the Review has offered 28 Juniors the opportunity Law School. An unusual commenon The Medical and Legal its tary to become candidates for staff. Law Review, which usually Aspects of the Post Prostatectomy accepts about 20-25 memberseach Urinary Incontinence Suit profall extended this slightly larger vides some useful information in number of invitations due to ex- the area of medical malpractice. treme closeness in grading. The new members will be required A timely casenote on compulto publish at least one Casenote sory Civili Commitment of Narand one Comment, before being cotic Addicts by Kenneth Weiss elected to Senior status. Each '69 is also worthy of note. Other candidate will work under the student commentary and caseaegis of a Review staff member notes on Constitutional Law, Doand a faculty advisor. mestic Relations, Federal TaxaAs might be expected, last tion, Labor Law and Torts round year's Review graduates have out the issue. done well in landing full time The Spring 1968 Edition which legal posts. The editor-in-chief, still has not come off the press Peter Brevorka, is now clerking because of administrative and for Associate Justice Jasen of the mechanical difficulties is due to New York Court of Appeals. Two appear shortly. It will contain other members of Review joined articles dealing with Conglomerthe staffs of Federal District ate Mergers, aspects of ManageCourt Judges; one in California ment Fees of Mutual Funds and and the other in the nation's a work on the Game Theory Apcapital. With the addition of two proach to Legal Analysis. The more Review men to the Fourth Recusation of Federal Judges is Appellate Division of the Suanother topic which will be covpreme Court of New York, four ered. clerking positions there are now filled withBuffalo Law graduates. The new candidates are: James Allen, Alan Chase, WilLast year's Winter issue of the liam Dixon, Howard Fenton, Sam Review which has just recently Hester, Ted Kantor, Robert Kelbeen made available contains the ler, Lawrence Lioz, David Manch, Nathan Burkan National CopyWilliam Mitchell, Robert Pierce, right Prize awarded by the AmerCharles Shabsels. ican Society of Composers and Also Daniel Seamens, Robert Publishers. It is entitled "Copy- Scalione, William Shevlin, Jefrighting the New Music" and frey Steinitz, William Stibel, Harwas written by Assistant Profesry Sushek, Harvey Sussman, Gersor Paul Goldstein while attendald Toner, Jeffrey White, Thomas ing Columbia Law School. Wojciechowski, Edwin Wolfe, The issue also contains an artiJerold Yale. cle on "Setting Up a Close CorMichael Stephens '69 is the poration in New York" by Pro- editor-in-chief. C/oseup A Schedule is Born Preparing an exam schedule is more than just picking courses out of a hat and matching them with a date. Numerous problems must be overcome in order to obtain thebest possible schedule. The greatest difficulty is having to schedule a total of 17 exams in just 11 days. Four year students pose a special problem because they take courses that overlap the freshman and sophomore years said Mrs. Dean, who makes up the schedule. ' hardship. By scheduling all of the required junior courses during the second week, only four juniors were faced with back to back exams. Another factor taken into consideration is the difficulty of the courses^ Thus, courses such as Federal "Taxation and Corporate Taxation are not placed back to back with any other exams. Altogether, only 24 students out of 420 have back to back exams. Increased Electives a Factor As the student body and the of the first things that number of electives grow, it will Mrs. Dean does is to group to- become increasingly difficult to gether all of the electives to work out a good schedule. Fursee if any can be given on the ther complicating the problem same day. There are no students is the difficulty of obtaining comtaking bothLabor Law and Trade petent proctors, and the shortage Regulations, so both can be schedof seating. "Although it is hard work, I uled at the same time. The most important consideration is givlove doing it," said Mrs. Dean. ing back to back exams to the "It is a triumph to me to be fewest number of students posable to get a workable schedule. sible Only six students are taking As long as I can, the prime conInterests, and only two are taksideration will be to harm the ing Future Interests and Labor fewest number of students." Mrs. both Wills and Trusts and Future Dean also pointed out that there are some law schools which have I—Bar Leadership and Civil Law. As a result, it is possible Disorders Section on Criminal to schedule these exams back to students taking two exams on only, back with a minimum of the same day. Law. American Bar Association, 1155 East 60th St., Chicago, 111. 3—The Twentieth Annual Anti60637. Schools. Proposed by the Section trust Review 1967.'(Valuable on Legal Education. A.B. A., 1155 2—Law in Action—A monthly for Trade Regulations Juniors East 60th St., Chicago, HI. 60637. account of the Legal Services and Seniors). The July 1968 ABA Note: The object of this column Program. This is a very informaJournal says these lectures are is to inform the students and tive and useful tool for those compulsory reading. Reprints are faculty of publications available interested in legal aid work, pov- available from Professor Hand- at no cost which may suppleerty programs and poverty law, ler, 425 Park Aye., N. V., N. Y. ment classroom instruction or be consumer protection and com- 10022, with his compliments. of general interest to the legal munity action programs. OEO profession. Suggestions for this Executive Office of the President, A—Standards for Legal Educa- column from the students and Washington, D. C. 20506. tion and for the Approval of Law faculty would be welcomed. One For The Asking — — — � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newspaper Description An account of the resource <div> <p><em>The Opinion</em> is the official University at Buffalo Law School student newspaper.  The first issue debuted on November 29, 1949 under the leadership of its first editor, Michael Beilewech, Jr. ‘51. The inception of the newspaper coincided with the opening of the new West Eagle Street law school building. <em>The Opinion</em> has historically served as a forum for law student viewpoints with an editorial staff comprised of University at Buffalo Law School students. In 1977 it won the American Bar Association’s Award for Excellence.</p> <p>The UB Libraries Digital Collections host volumes 1 (1949:Nov.) through volumes 47 (2009:Nov).<em><br /></em></p> </div> Identifier An unambiguous reference to the resource within a given context LIB-LAW003 Document A resource containing textual data. Note that facsimiles or images of texts are still of the genre text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Opinion Newsletter, 1968-11-01 Alternative Title An alternative name for the resource. The distinction between titles and alternative titles is application-specific. 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